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Home My WebLink About06-03-2026 MCC 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, JUNE 03, 2026 4:30 PM - CLOSED SESSION 5:00 PM - OPEN SESSION NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Dr. Treasure Ortiz COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Eric Levitt COUNCIL MEMBER, WARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Telicia Lopez COUNCIL MEMBER, WARD 4 CITY CLERK Kim Knaus MAYOR PRO TEM, WARD 5 Mario Flores COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS, OR CLICK ON THE FOLLOWING LINK: TINYURL.COM/MCCPUBLICCOMMENTS PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 998-2680 TWO WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR REASONABLE ACCOMMODATIONS To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents. Mayor and City Council of the City of San Bernardino Page 2 CALL TO ORDER Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Council Member, Ward 4 Fred Shorett Mayor Pro Tem, Ward 5 Kim Knaus Council Member, Ward 6 Mario Flores Council Member, Ward 7 Dr. Treasure Ortiz Mayor Helen Tran City Manager Eric Levitt City Attorney Sonia Carvalho City Clerk Telicia Lopez 4:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION pg.17 A.) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2): i. Notice of Claim, Mandeville Modular, Inc., dated March 17, 2026, Claim No. GHC0095108 5:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1. Certificates of Recognition for Cajon High School Golf Team 2026 CIF Southern Section Division 7 Championship (Ward 5) pg.18 2. Recognition of California State University of San Bernardino Men’s Baseball 2025-26 CCAA Tournament Championship (All Wards) pg.20 3. Recognition of California State University of San Bernardino Men’s Golf 2025-26 NCAA Nationals (All Wards)pg.22 Mayor and City Council of the City of San Bernardino Page 3 4. Recognition of California State University of San Bernardino Women’s Volleyball 2025-26 CCAA Tournament Championship (All Wards) pg.24 5. Proclamation for Pride Month in the City of San Bernardino – June 2026 (All Wards) pg.26 PUBLIC HEARING 6. Continuation of a Public Hearing from May 6, 2026 - Introduction of Ordinance No. MC-XXX Amending Various Sections of Title 15 of the San Bernardino Municipal Code Adopting the New (2025) Building Code (All Wards) (Staff is Requesting to Continue this Item to June 17, 2026) pg.28 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action: 1. Hold a Public Hearing; and 2. Introduce and read by title only and waive further reading of Ordinance No. MC-xxx of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approve use of the new 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code; and 3. Schedule Ordinance No. MC-xxx for Adoption on July 15, 2026. 7. Introduce Ordinance No. MC -1664 - Specific Plan Amendment 23 -01 and Subdivision 23-05 (Tentative Tract Map 20595) University Hills Specific Plan Recommendation: pg.37 It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution 2026-042 approving Subdivision No. 23-05 (Tentative Tract Map No. 20595) to allow the subdivision of a 404.3 -acre site into 327 single- family residential lots; and adopting the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with the California Environmental Quality Act. 2. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1664 of the Mayor and City Council of the City of San Bernardino, California (a) Approving Specific Plan Amendment 23-01, amending the development standards and guidelines of the original development plan and reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan (APNs: 0265-041-12, 0265-051-12 and -13; 0265-061-16; 0265-011-06, -07, and -08; 0265-051-09; and 0265-021-13) (Attachment 5 and 6); and (b) dissolving Development Agreement No. 08 -02 (Attachment 1 and 6). 3. Schedule the adoption of Ordinance No. MC-1664 to the regularly scheduled meeting of the Mayor and City Council on June 17, 2026. Mayor and City Council of the City of San Bernardino Page 4 8. AB 2561 Annual Vacancy Report (All Wards) pg.1101 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing in accordance with AB 2561 (2024); and 2. Receive and file a report on the City of San Bernardino’s annual vacancy rate. CITY MANAGER UPDATE PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA We ask that you please observe proper decorum, and do not speak out of turn or make comments from your seat. If you wish to address the Mayor and City Council please be sure to submit a speaker slip. If you speak out of turn or disrupt the meeting a warning may be given and/or you will be asked to leave the meeting pursuant to Government Code Section 54957.9 and Penal Code 403. CONSENT CALENDAR Items on the Consent Calendar are Considered Routine and are Voted on in a Single Motion Unless the Mayor and City Council or a Staff Member has Pulled the Item for More Discussion. 9. Approval of Various Mayor and City Council Meeting Minutes pg.1117 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. April 10, 2023 Special Meeting Draft Minutes 2. August 3, 2023 Special Meeting Draft Minutes 3. April 1, 2026 Regular Meeting Draft Minutes 4. April 15, 2026 Regular Meeting Draft Minutes 10. Adopt a Resolution Establishing a Disruption Policy in accordance with Senate Bill 707 pg.1150 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-057 approving a meeting disruption policy in accordance with Senate Bill 707 (SB 707). Mayor and City Council of the City of San Bernardino Page 5 11. Proposed Acquisition of the Smart Technology Building for $3,667,740.13 Located at 793 N. “E” Street, San Bernardino, California (Ward 1) pg.1160 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-058: 1. Approve the purchase of the Smart Technology Building located at 793 N. “E” Street, San Bernardino, California, for a purchase price not to exceed $3,667,740.13, funded by the City’s General Fund; and 2. Authorizing the Director of Finance and Management Services, or designee, to amend the FY 2025/26 Operating Budget in the amount of $3,667,740.13 from the General Fund – Fund Balance to support the acquisition of the Smart Technology Building; and 3. Authorize the City Manager, or designee, to execute a Purchase and Sale Agreement and all related escrow and closing documents, in a form approved by the City Attorney, necessary to complete the acquisition; and 4. Authorize staff to proceed with all required due diligence activities, including but not limited to title review, ALTA/NSPS survey, environmental assessments, engineering and structural evaluations, code and ADA compliance review, and mechanical, electrical, plumbing, and fire/life safety assessments, and to take all actions reasonably necessary to complete the purchase in accordance with Council direction. 12. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 53, Tax Zone No. 53 (EV Charging Facility located north of Mill Street and west of E Street) (Ward 3) Recommendation: pg.1208 It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2026-059: 1. Authorizing 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. 53); and 2. Authorizing the levy of a Special Tax therein. 3. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget with an appropriation of $15,000 in both revenues and expenditures. 4. Set a Public Hearing for July 15, 2026. Mayor and City Council of the City of San Bernardino Page 6 13. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 54, Tax Zone No. 54 (Quick Quack Car Wash located south of Highland Avenue and west of Del Rosa Avenue) (Ward 2) pg.1242 Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2026-060: 1. Authorizing 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. 54); and 2. Authorizing the levy of a Special Tax therein; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget with an appropriation of $15,000 in both revenues and expenditures; and 4. Set a Public Hearing for July 15, 2026. 14. Resolution Declaring Intent to Conduct Public Hearing to Order Street Vacation (15.30-441) of a Portion of an Alley Way South of West Rialto Avenue and West of South Muscott Street, and Reservation of Utilities Therein (Ward 3) pg.1286 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-061, declaring its intent to conduct a public hearing to order the vacation of a portion of an alley way south of West Rialto Avenue and west of South Muscott Street, and reservation of utilities therein. 15. 2026 Fireworks Regulatory Fee Rate (All Wards) pg.1296 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-062, setting the 2026 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino. 16. Annual Renewal of the City’s Risk Management Insurance Policies for FY 2026/27 (All Wards) pg.1304 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and 2. Authorize the City Manager or designee to execute all related documentation. Mayor and City Council of the City of San Bernardino Page 7 17. Adopt a Resolution Authorizing the Acceptance, Commitment, and Expenditure of FY 2025/26 Citizens’ Option for Public Safety (COPS) Funds in the Amount of $696,568.59. (All Wards) pg.1327 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-063: 1. Accepting the FY 2025/26 Citizens’ Option for Public Safety (COPS) funds in the amount of $696,568.59; and 2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $696,568.59 in revenues and expenditures, and 3. Authorizing the Police Department to commit and expend the FY 2025/26 COPS funds. 18. Approve and Execute Professional Service Agreement (PSA) with St. John’s Community Health for $1,694,702 (All Wards) pg.1333 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 (PSA) and subsequent amendments with St. John’s Community Health, a community-based organization, to provide services relating to the BSCC Prop 47 Grant project; and 2. Authorize the Director of Finance and Management Services to issue a purchase order in an amount not to exceed $1,694,702 with St. John’s Community Health. 19. City of San Bernardino Police Department Annual Assembly 481 Military Equipment Usage Report (All Wards) pg.1408 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file the Department’s annual military equipment use report; and 2. Approve the Department’s request to acquire additional life -saving equipment in accordance with Assembly Bill 481. Mayor and City Council of the City of San Bernardino Page 8 20. Approval of Agreement with National Auto Fleet Group for the Purchase of One Freightliner Asphalt Patch Truck in an amount Not to Exceed $449,740.78, Utilizing Sourcewell Contract No. 032824-NAF (All Wards) pg.1545 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-064: 1. Approving a Cooperative Goods Purchase Agreement with National Auto Fleet Group for the purchase of one (1) 2027 Freightliner 114SD chassis equipped with a Bergkamp Electric Heating Pothole Patcher Body in the amount of $428,324.55, utilizing Sourcewell Contract No. 032824-NAF; and 2. Approving a contingency in the amount of $21,416.23 (5%), for a total authorized amount not to exceed $449,740.78, to accommodate potential increases in material, freight, and other supplier-driven costs, and authorize the City Manager or designee to execute amendments to the Cooperative Goods Purchase Agreement, if necessary, provided that the total contract amount does not exceed the authorized amount; and 3. Authorizing the City Manager or designee to execute the Cooperative Goods Purchase Agreement, any amendments thereto, and all related documents necessary to effectuate the purchase; and 4. Authorizing the Director of Finance and Management Services to issue a purchase order in an amount not to exceed $449,740.78, provided sufficient appropriations are available in the adopted budget and eligible funding sources. Mayor and City Council of the City of San Bernardino Page 9 21. Approval of a State -Reimbursed Encampment Delegated Maintenance Agreement with Caltrans for Homeless Encampment Cleanup within State Right-of-Way (All Wards) pg.1620 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-065: 1. Authorizing the City to enter into an Encampment Delegated Maintenance Agreement with the California Department of Transportation (Caltrans) for a one-year pilot program in an amount not to exceed $400,000, to perform encampment abatement, debris removal, and related services within State right-of-way; and 2. Authorizing the City Manager or designee to execute the Agreement and any necessary documents with Caltrans to implement the program. Also authorizing the City Manager to amend the agreement as required by Caltrans and report back to City Council; and 3. Authorizing the Director of Finance and Management Services to appropriate $400,000 to the Operations and Maintenance budget, to be expended and subsequently reimbursed by the State subject to the terms of the Agreement. 22. Approve a Vendor Services Agreement with West Coast Netting for Driving Range Repair services at the Shandin Hills Golf Course in an amount not to exceed $244,593 (Ward 5) pg.1650 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 Vendor Services agreement with West Coast Netting for Driving Range Repair services at the Shandin Hills Golf Course in an amount not to exceed $244,593 and 2. Authorize an additional contingency budget of $31,903 for construction management and inspection services for a total project cost of $276,497; and 3. Authorize the City Manager to execute all necessary documents and expend the contingency budget as appropriate. Mayor and City Council of the City of San Bernardino Page 10 23. Approve Increase to the Contingency Budget in the Amount of $1,300,000 Increasing the Total Contingency Budget to $2,044,981 for the Speicher Park Ballfields Project. (Ward 2) pg.1684 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve increase to the contingency budget for the Speicher Park Ballfields Project (Project) in the amount of $1,300,000 increasing the total contingency budget amount to $2,044,981; and 2. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 24. Award of Construction Agreement to Estate Design and Construction, Inc. for the Feldheym Library Makerspace Project in the amount of $238,800 and Contingency of $36,000 for a Total Amount of $274,800 (Ward 1) pg.1690 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 Estate Design and Construction, Inc., in the amount of $238,800 for the Feldheym Library Makerspace (Project); and 2. Authorize the construction contingencies, construction management, and administrative costs in the total amount of $36,000 for the Project, bringing the total Project budget to $274,800; and 3. Authorize the City Manager or designee to execute all documents with Estate Design and Construction, Inc.; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the Project. 25. Award of Cooperative Goods Purchasing Agreement with Public Restroom Company for the La Plaza Park Improvement Project in the amount of $327,742. (Ward 1) pg.1833 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of a Cooperative Goods Purchasing Agreement with Public Restroom Company for the Lytle Creek park and Community Center Renovations Project (Project) in the amount of $327,742; and 2. Authorize the City Manager or designee to execute all documents with Public Restroom Company. Mayor and City Council of the City of San Bernardino Page 11 DISCUSSION 26. 2026 Commercial Cannabis Regulatory Program Update (All Wards) Recommendation: pg.1912 It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the oral report on the Commercial Cannabis Regulatory Program. 27. Rejection of Construction Bids for the University Parkway Median Landscape Project and Approval an Alternate Landscape Design (Ward 6) pg.1935 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California; 1. Adopt Resolution No 2026-066 rejecting construction bids for the University Parkway landscape Median project; and 2. Direct staff to proceed with rebidding the project using the existing, DWR approved design; or 3. Direct staff to conduct a new design process for the University Parkway landscaping project; or 4. Provide other directions as appropriate. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on June 17, 2026 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Mayor and City Council of the City of San Bernardino Page 12 CERTIFICATION OF POSTING AGENDA I, Telicia Lopez, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the June 3, 2026, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, 92401 at the Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410 and on the City's website sbcity.org on Friday, May 29, 2026. I declare under the penalty of perjury that the foregoing is true and correct. Telicia Lopez, CMC, City Clerk Mayor and City Council of the City of San Bernardino Page 13 NOTICE: Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments. In accordance with Resolution No. 2018-89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony: Public Comments and Testimony: Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below. Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council. Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address. Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking. Rule 5. Time Limits: 5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council. 5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing. Mayor and City Council of the City of San Bernardino Page 14 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three-minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. (Must provide a minimum of 15 copies) The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Mayor and City Council of the City of San Bernardino Page 15 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 one hour and thirty minutes before the posted start time of the meeting, on the meeting day will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup . Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically less than one hour and thirty minutes before the posted start time will not be accepted. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909-998-2680 or 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. 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.” CITY OF SAN BERNARDINOAGENDAFOR THEREGULAR 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 SUCCESSORAGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SANBERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENTAGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THEHOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINOACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITYWEDNESDAY, JUNE 03, 20264:00 PM CLOSED SESSION 5:00 PM OPEN SESSIONNORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6 STREET • SAN BERNARDINO, CA92410 • WWW.SBCITY.ORGTheodore SanchezCOUNCIL MEMBER, WARD 1 Helen TranMAYOR Dr. Treasure OrtizCOUNCIL MEMBER, WARD 7Sandra IbarraCOUNCIL MEMBER, WARD 2 Eric LevittCITY MANAGERJuan FigueroaCOUNCIL MEMBER, WARD 3 Sonia CarvalhoCITY ATTORNEYFred ShorettCOUNCIL MEMBER, WARD 4 Telicia LopezCITY CLERKKim KnausMAYOR PRO TEM, WARD 5Mario FloresCOUNCIL MEMBER, WARD 6Welcome to a meeting of the Mayor and City Council of the City of San BernardinoPLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLICCOMMENT OPTIONS, OR CLICK ON THE FOLLOWINGLINK:TINYURL.COM/MCCPUBLICCOMMENTSPLEASE CONTACT THE CITY CLERK'S OFFICE (909) 9982680 TWOWORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FORREASONABLE ACCOMMODATIONSTo view PowerPoint presentations, written comments, or any reviseddocuments for this meeting date, use this link: tinyurl.com/agendabackup.Select the corresponding year and meeting date folders to view documents.CALL TO ORDERAttendee NameCouncil Member, Ward 1 Theodore SanchezCouncil Member, Ward 2 Sandra IbarraCouncil Member, Ward 3 Juan FigueroaCouncil Member, Ward 4 Fred ShorettMayor Pro Tem, Ward 5 Kim KnausCouncil Member, Ward 6 Mario FloresCouncil Member, Ward 7 Dr. Treasure OrtizMayor Helen TranCity Manager Eric LevittCity Attorney Sonia CarvalhoCity Clerk Telicia Lopez4:30 P.M.CLOSED SESSION PUBLIC COMMENT CLOSED SESSIONA.)CONFERENCE WITH LEGAL COUNSEL Anticipated Litigation SignificantExposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2):i. Notice of Claim, Mandeville Modular, Inc., dated March 17, 2026, Claim No. GHC00951085:00 P.M.INVOCATION AND PLEDGE OF ALLEGIANCECLOSED SESSION REPORTPRESENTATIONS1.Certificates of Recognition for Cajon High School Golf Team 2026 CIFSouthern Section Division 7 Championship (Ward 5)2.Recognition of California State University of San Bernardino Men’sBaseball 202526 CCAA Tournament Championship (All Wards)3.Recognition of California State University of San Bernardino Men’s Golf202526 NCAA Nationals (All Wards)4.Recognition of California State University of San Bernardino Women’sVolleyball 202526 CCAA Tournament Championship (All Wards)5.Proclamation for Pride Month in the City of San Bernardino – June 2026(All Wards)PUBLIC HEARING6.Continuation of a Public Hearing from May 6, 2026 Introduction of OrdinanceNo. MCXXX Amending Various Sections of Title 15 of the San BernardinoMunicipal Code Adopting the New (2025) Building Code (All Wards) (Staff isRequesting to Continue this Item to June 17, 2026)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California take the following action:1. Hold a Public Hearing; and2. Introduce and read by title only and waive further reading of Ordinance No.MCxxx of the Mayor and City Council of the City of San Bernardino,California, adopting the new Municipal Code language and approve use ofthe new 2025 California Building Code and other minor changes to Chapter15 of the San Bernardino Municipal Code; and3. Schedule Ordinance No. MCxxx for Adoption on July 15, 2026.7.Introduce Ordinance No. MC1664 Specific Plan Amendment 2301 andSubdivision 2305 (Tentative Tract Map 20595) University Hills Specific PlanRecommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California:1. Adopt Resolution 2026042 approving Subdivision No. 2305 (Tentative TractMap No. 20595) to allow the subdivision of a 404.3acre site into 327 singlefamily residential lots; and adopting the Addendum to the Final SubsequentEnvironmental Impact Report and Mitigation Monitoring and Reporting Program(SCH #2007071155) in compliance with the California Environmental QualityAct.2. Introduce, read by title only, and waive further reading of Ordinance No. MC1664 of the Mayor and City Council of the City of San Bernardino, California (a)Approving Specific Plan Amendment 2301, amending the developmentstandards and guidelines of the original development plan and reducing thenumber of proposed singlefamily residential lots from 980 to 327 within theUniversity Hills Specific Plan (APNs: 026504112, 026505112 and 13;026506116; 026501106, 07, and 08; 026505109; and 026502113)(Attachment 5 and 6); and (b) dissolving Development Agreement No. 0802(Attachment 1 and 6).3. Schedule the adoption of Ordinance No. MC1664 to the regularly scheduledmeeting of the Mayor and City Council on June 17, 2026. 8.AB 2561 Annual Vacancy Report (All Wards)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California:1. Conduct a public hearing in accordance with AB 2561 (2024); and2. Receive and file a report on the City of San Bernardino’s annual vacancyrate.CITY MANAGER UPDATEPUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDAWe ask that you please observe proper decorum, and do not speak out of turn or makecommentsfromyourseat.If you wish to address the Mayor and City Council please be sure tosubmit a speaker slip. If you speak out of turn or disrupt the meeting a warning may be givenand/or you will be asked to leave the meeting pursuant to Government Code Section 54957.9 andPenal Code 403.CONSENT CALENDARItems on the Consent Calendar are Considered Routine and are Voted on in aSingle Motion Unless the Mayor and City Council or a Staff Member has Pulled the Item for MoreDiscussion.9.Approval of Various Mayor and City Council Meeting MinutesRecommendation: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. April 10, 2023 Special Meeting Draft Minutes2. August 3, 2023 Special Meeting Draft Minutes3. April 1, 2026 Regular Meeting Draft Minutes4. April 15, 2026 Regular Meeting Draft Minutes10.Adopt a Resolution Establishing a Disruption Policy in accordance with Senate Bill707Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino, California,adopt Resolution No. 2026057 approving a meeting disruption policy in accordance withSenate Bill 707 (SB 707).11.Proposed Acquisition of the Smart Technology Building for $3,667,740.13 Locatedat 793 N. “E” Street, San Bernardino, California (Ward 1)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino, California,adopt Resolution No. 2026058:1. Approve the purchase of the Smart Technology Building located at 793 N. “E” Street,San Bernardino, California, for a purchase price not to exceed $3,667,740.13,funded by the City’s General Fund; and2. Authorizing the Director of Finance and Management Services, or designee, toamend the FY 2025/26 Operating Budget in the amount of $3,667,740.13 from theGeneral Fund – Fund Balance to support the acquisition of the Smart TechnologyBuilding; and3. Authorize the City Manager, or designee, to execute a Purchase and SaleAgreement and all related escrow and closing documents, in a form approved by theCity Attorney, necessary to complete the acquisition; and4. Authorize staff to proceed with all required due diligence activities, including but notlimited to title review, ALTA/NSPS survey, environmental assessments, engineeringand structural evaluations, code and ADA compliance review, and mechanical,electrical, plumbing, and fire/life safety assessments, and to take all actionsreasonably necessary to complete the purchase in accordance with Councildirection.12.Resolution Declaring Intent to Annex Territory: Community Facilities District No.20191 (Maintenance Services): Annexation No. 53, Tax Zone No. 53 (EV ChargingFacility located north of Mill Street and west of E Street) (Ward 3)Recommendation:It is recommended that the Mayor and City Council of San Bernardino, California, adoptResolution No. 2026059:1. Authorizing the Mayor and City Council of San Bernardino, California, declaring itsintention to annex territory into Community Facilities District No. 20191(Maintenance Services) of the City of San Bernardino, adopting a map of the areato be proposed (Annexation No. 53); and2. Authorizing the levy of a Special Tax therein.3. Authorizing the Director of Finance and Management Services to amend the FY2025/26 Operating Budget with an appropriation of $15,000 in both revenues andexpenditures.4. Set a Public Hearing for July 15, 2026.13.Resolution Declaring Intent to Annex Territory: Community Facilities District No.20191 (Maintenance Services): Annexation No. 54, Tax Zone No. 54 (Quick QuackCar Wash located south of Highland Avenue and west of Del Rosa Avenue) (Ward2)Recommendation:It is recommended that the Mayor and City Council of San Bernardino, California, adoptResolution No. 2026060:1. Authorizing the Mayor and City Council of San Bernardino, California, declaring itsintention to annex territory into Community Facilities District No. 20191(Maintenance Services) of the City of San Bernardino, adopting a map of the areato be proposed (Annexation No. 54); and2. Authorizing the levy of a Special Tax therein; and3. Authorizing the Director of Finance and Management Services to amend the FY2025/26 Operating Budget with an appropriation of $15,000 in both revenues andexpenditures; and4. Set a Public Hearing for July 15, 2026.14.Resolution Declaring Intent to Conduct Public Hearing to Order Street Vacation(15.30441) of a Portion of an Alley Way South of West Rialto Avenue and West ofSouth Muscott Street, and Reservation of Utilities Therein (Ward 3)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino, Californiaadopt Resolution No. 2026061, declaring its intent to conduct a public hearing to order thevacation of a portion of an alley way south of West Rialto Avenue and west of South MuscottStreet, and reservation of utilities therein.15.2026 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. 2026062, setting the 2026 Regulatory Fee Rate of 10% for the saleof "safe and sane" fireworks in the City of San Bernardino.16.Annual Renewal of the City’s Risk Management Insurance Policies for FY 2026/27(All Wards)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California:1. Approve the annual renewal of the City’s excess general liability insurance,excess workers’ compensation insurance, crime insurance and cyber insurance;and2. Authorize the City Manager or designee to execute all related documentation.17.Adopt a Resolution Authorizing the Acceptance, Commitment, and Expenditure ofFY 2025/26 Citizens’ Option for Public Safety (COPS) Funds in the Amount of$696,568.59. (All Wards)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino, California,adopt Resolution No. 2026063:1. Accepting the FY 2025/26 Citizens’ Option for Public Safety (COPS) funds in theamount of $696,568.59; and2. Authorizing the Director of Finance and Management Services to amend the FY2025/26 Operating Budget by $696,568.59 in revenues and expenditures, and3. Authorizing the Police Department to commit and expend the FY 2025/26 COPSfunds.18.Approve and Execute Professional Service Agreement (PSA) with St. John’sCommunity Health for $1,694,702 (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 (PSA)and subsequent amendments with St. John’s Community Health, a communitybased organization, to provide services relating to the BSCC Prop 47 Grantproject; and2. Authorize the Director of Finance and Management Services to issue a purchaseorder in an amount not to exceed $1,694,702 with St. John’s Community Health.19.City of San Bernardino Police Department Annual Assembly 481 Military EquipmentUsage Report (All Wards)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California:1. Receive and file the Department’s annual military equipment use report; and2. Approve the Department’s request to acquire additional lifesaving equipment inaccordance with Assembly Bill 481.20.Approval of Agreement with National Auto Fleet Group for the Purchase of OneFreightliner Asphalt Patch Truck in an amount Not to Exceed $449,740.78, UtilizingSourcewell Contract No. 032824NAF (All Wards)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino, Californiaadopt Resolution 2026064:1. Approving a Cooperative Goods Purchase Agreement with National Auto FleetGroup for the purchase of one (1) 2027 Freightliner 114SD chassis equipped witha Bergkamp Electric Heating Pothole Patcher Body in the amount of$428,324.55, utilizing Sourcewell Contract No. 032824NAF; and2. Approving a contingency in the amount of $21,416.23 (5%), for a total authorizedamount not to exceed $449,740.78, to accommodate potential increases inmaterial, freight, and other supplierdriven costs, and authorize the City Manageror designee to execute amendments to the Cooperative Goods PurchaseAgreement, if necessary, provided that the total contract amount does not exceedthe authorized amount; and3. Authorizing the City Manager or designee to execute the Cooperative GoodsPurchase Agreement, any amendments thereto, and all related documentsnecessary to effectuate the purchase; and4. Authorizing the Director of Finance and Management Services to issue apurchase order in an amount not to exceed $449,740.78, provided sufficientappropiations are available in the adopted budget and eligible funding sources.21.Approval of a StateReimbursed Encampment Delegated Maintenance Agreementwith Caltrans for Homeless Encampment Cleanup within State RightofWay (AllWards)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino, Californiaadopt Resolution 2026065:1. Authorizing the City to enter into an Encampment Delegated MaintenanceAgreement with the California Department of Transportation (Caltrans) for a oneyear pilot program in an amount not to exceed $400,000, to perform encampmentabatement, debris removal, and related services within State rightofway; and2. Authorizing the City Manager or designee to execute the Agreement and anynecessary documents with Caltrans to implement the program.Also authorizingthe City Manager to amend the agreement as required by Caltrans and reportback to City Council; and3. Authorizing the Director of Finance and Management Services to appropriate$400,000 to the Operations and Maintenance budget, to be expended andsubsequently reimbursed by the State subject to the terms of the Agreement.22.Approve a Vendor Services Agreement with West Coast Netting for Driving RangeRepair services at the Shandin Hills Golf Course in an amount not to exceed$244,593 (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 execute a Vendor Services agreement with WestCoast Netting for Driving Range Repair services at the Shandin Hills Golf Coursein an amount not to exceed $244,593 and2. Authorize an additional contingency budget of $31,903 for constructionmanagement and inspection services for a total project cost of $276,497; and3. Authorize the City Manager to execute all necessary documents and expend thecontingency budget as appropriate.23.Approve Increase to the Contingency Budget in the Amount of $1,300,000Increasing the Total Contingency Budget to $2,044,981 for the Speicher ParkBallfields Project. (Ward 2)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California:1. Approve increase to the contingency budget for the Speicher Park BallfieldsProject (Project) in the amount of $1,300,000 increasing the total contingencybudget amount to $2,044,981; and2. Authorize the City Manager or designee to expend the contingency fund, ifnecessary, to complete the project.24.Award of Construction Agreement to Estate Design and Construction, Inc. for theFeldheym Library Makerspace Project in the amount of $238,800 and Contingencyof $36,000 for a Total Amount of $274,800 (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 Estate Design andConstruction, Inc., in the amount of $238,800 for the Feldheym LibraryMakerspace (Project); and2. Authorize the construction contingencies, construction management, andadministrative costs in the total amount of $36,000 for the Project, bringingthe total Project budget to $274,800; and3. Authorize the City Manager or designee to execute all documents withEstate Design and Construction, Inc.; and4. Authorize the City Manager or designee to expend the contingency fund, ifnecessary, to complete the Project.25.Award of Cooperative Goods Purchasing Agreement with Public RestroomCompany for the La Plaza Park Improvement Project in the amount of $327,742.(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 Cooperative Goods Purchasing Agreement withPublic Restroom Company for the Lytle Creek park and Community CenterRenovations Project (Project) in the amount of $327,742; and2. Authorize the City Manager or designee to execute all documents withPublic Restroom Company.DISCUSSION26.2026 Commercial Cannabis Regulatory Program Update (All Wards)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California, receive and file the oral report on the Commercial Cannabis RegulatoryProgram.27.Rejection of Construction Bids for the University Parkway Median LandscapeProject and Approval an Alternate Landscape Design (Ward 6)Recommendation:It is recommended that the Mayor and City Council of the City of San Bernardino,California;1. Adopt Resolution No 2026066 rejecting construction bids for the UniversityParkway landscape Median project; and2. Direct staff to proceed with rebidding the project using the existing, DWRapproved design; or3. Direct staff to conduct a new design process for the University Parkwaylandscaping project; or4. Provide other directions as appropriate.MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGSADJOURNMENTThe next joint regular meeting of the Mayor and City Council and the Mayor and City CouncilActing as the Successor Agency to the Redevelopment Agency will be held on June 17, 2026 atthe 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.CERTIFICATION OF POSTING AGENDAI, Telicia Lopez, CMC, City Clerk for the City of San Bernardino, California, hereby certify that theagenda for the (Month, Date, Year), Regular Meeting of the Mayor and City Council and theMayor and City Council acting as the Successor Agency to the Redevelopment Agency wasposted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California,92401 at the Norman F. Feldheym Central Library located at 555 West 6th Street, SanBernardino, California, 92410 and on the City's website sbcity.org on (Day, Month, Date, Year).I declare under the penalty of perjury that the foregoing is true and correct._________________________Telicia Lopez, CMC, City ClerkNOTICE: Any member of the public desiring to speak to the Mayor and City Council and the Mayor and CityCouncil Acting as the Successor Agency to the Redevelopment Agency concerning any matteron the agenda, which is within the subject matter jurisdiction of the Mayor and City Council andthe Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency mayaddress 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 presidingofficer determines that the meeting or hearing may be lengthy or complicated, the presidingofficer 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 cardand turn in the speaker reservation card to the City Clerk prior to the time designated on theagenda. Comments will be received in the order the cards are turned in to the City Clerk. Failureof a person to promptly respond when their time to speak is called shall result in the personforfeiting their right to address the Mayor and City Council.Rule 3. The presiding officer may request that a member of the public providing commentaudibly state into the microphone, if one is present, his or her name and address beforebeginningcomment. If that person is representing a group or organization the presiding officer may requestthat the speaker identify that group or organization, including that group or organization' sAddress.Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required toprovide 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 agendabut 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 ofthe public desiring to provide public testimony at a public hearing shall have areasonable time, not to exceed ( 3) minutes, to provide testimony during eachpublic hearing.Any member of the public desiring to speak to the Mayor and City Council and the Mayor and CityCouncil Acting as the Successor Agency to the Redevelopment Agency concerning any matternot on the agenda but which is within the subject matter jurisdiction of the Mayor and CityCouncil and the Mayor and City Council Acting as the Successor Agency to the RedevelopmentAgency may address the body at the end of the meeting, during the period reserved for publiccomments. Said total period for public comments shall not exceed 60 minutes, unless such timelimit is extended by the Mayor and City Council and the Mayor and City Council Acting as theSuccessor Agency to the Redevelopment Agency. A threeminute limitation shall apply to eachmember of the public, unless such time limit is extended by the Mayor and City Council and theMayor and City Council Acting as the Successor Agency to the Redevelopment Agency. Nomember of the public shall be permitted to "share" his/her three minutes with any other memberof the public.Speakers who wish to present documents to the governing body may hand the documents to theCity Clerk at the time the request to speak is made. (Must provide a minimum of 15 copies)The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency tothe Redevelopment Agency may refer any item raised by the public to staff, or to anycommission, board, bureau, or committee for appropriate action or have the item placed on thenext agenda of the Mayor and City Council and the Mayor and City Council Acting as theSuccessor Agency to the Redevelopment Agency. However, no other action shall be taken nordiscussion held by the Mayor and City Council and the Mayor and City Council Acting as theSuccessor Agency to the Redevelopment Agency on any item which does not appear on theagenda unless the action is otherwise authorized in accordance with the provisions ofsubdivision (b) of Section 54954.2 of the Government Code.Public comments will not be received on any item on the agenda when a public hearing hasbeen conducted and closed.ALTERNATE MEETING VIEWING METHOD:If there are any technical issues with the live stream or recording from the main agenda portal or if yourequire an option with Closed Captioning, you may view the meeting from the following location (TV3).https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6PUBLIC COMMENT OPTIONSPlease use ONE of the following options to provide a public comment:Written comments can be emailed to publiccomments@sbcity.org. Written public commentsreceivedupto one hour and thirty minutes before the posted start time of the meeting, onthemeeting day will be provided to the Mayor and City council and made part of the meetingrecord. Written public comments will not be read aloud by city staff.Written correspondencecanbeaccessedby the public online at tinyurl.com/agendabackup .Attend the meeting in person and fill out a speaker slip.Please note that the meeting Chair decidesthe cutoff time for public comment, and the time may vary per meeting. If you wish to submityour speaker slip in advance of the meeting,please submit your request to speak using the formonthe following page:tinyurl.com/mccpubliccomments.Any requests to speak submittedelectronically less than one hour and thirty minutes before the posted start time will not be accepted.Please note: messages submitted via email and this page are only monitored from thepublicationofthefinalagendauntilthedeadlinetosubmit public comments.Please contact the CityClerkat9099982680 or SBCityClerk@sbcity.org for assistance outside of this timeframe.WrittencorrespondencesubmittedafterthedeadlinewillbeprovidedtotheMayorandCityCouncilatthefollowing regular meeting.MEETING TIMENOTE: Pursuant to Resolution No. 2024029, 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 9:00P.M., the Mayor and City Council shall determine which of the remaining agenda items can beconsidered 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.” TH Mayor and City Council of the City of San Bernardino Page 16 This Page Intentionally Left Blank CLOSED SESSION City of San Bernardino Request for Council Action June 3, 2026 Honorable Mayor and City Council Members Albert Maldonado City Attorney's Office Recommendation: A.) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2): i. Notice of Claim, Mandeville Modular, Inc., dated March 17, 2026, Claim No. GHC0095108 Packet Page. 17 PRESENTATIONS June 3, 2026 Honorable Mayor and City Council Members Helen Tran, Mayor Mayor's Office Packet Page. 18 The Mayor and City Council of the City of San Bernardino hereby congratulate the student-athletes, coaches, and staff of Cajon High School on capturing the CIF Championship in Golf. Your dedication, discipline, and commitment to excellence on the course are a true reflection of the spirit and pride of San Bernardino. You have shown our community what is possible when talent meets hard work. We celebrate your victory and look forward to seeing all that you will accomplish in the years ahead. Cajon High School CERTIFICATE OF RECOGNITION FROM THE MAYOR & CITY COUNCIL PROUDLY PRESENTED TO PRESENTED ON JUNE 3, 2026 2026 CIF SOUTHERN SECTION DIVISION 7 CHAMPIONS GOLF TEAM Packet Page. 19 PRESENTATIONS June 3, 2026 Honorable Mayor and City Council Members Helen Tran, Mayor Mayor's Office Packet Page. 20 Congratulations on a phenomenal season. Your dedication and your commitment to representing CSUSB & the City of San Bernardino with pride and integrity are truly commendable. CSUSB Baseball CERTIFICATE OF RECOGNITION FROM THE MAYOR & CITY COUNCIL PROUDLY PRESENTED TO PRESENTED ON JUNE 3, 2026 2025-26 CCAA TOURNAMENT CHAMPIONS CALIFORNIA STATE UNIVERSITY OF SAN BERNARDINO Packet Page. 21 PRESENTATIONS June 3, 2026 Honorable Mayor and City Council Members Helen Tran, Mayor Mayor's Office Packet Page. 22 Congratulations on a phenomenal season. Your dedication and your commitment to representing CSUSB & the City of San Bernardino with pride and integrity are truly commendable. CSUSB Men’s Golf CERTIFICATE OF RECOGNITION FROM THE MAYOR & CITY COUNCIL PROUDLY PRESENTED TO PRESENTED ON JUNE 3, 2026 2025-26 NCAA NATIONAL CHAMPIONSHIP TOURNAMENT CALIFORNIA STATE UNIVERSITY OF SAN BERNARDINO Packet Page. 23 PRESENTATIONS June 3, 2026 Honorable Mayor and City Council Members Helen Tran, Mayor Mayor's Office Packet Page. 24 Congratulations on a phenomenal season. Your dedication and your commitment to representing CSUSB & the City of San Bernardino with pride and integrity are truly commendable. CSUSB Women’s Volleyball CERTIFICATE OF RECOGNITION FROM THE MAYOR & CITY COUNCIL PROUDLY PRESENTED TO PRESENTED ON JUNE 3, 2026 2025-26 CCAA TOURNAMENT CHAMPIONS Packet Page. 25 PRESENTATIONS June 3, 2026 Honorable Mayor and City Council Members Helen Tran, Mayor Mayor's Office Packet Page. 26 PROCLAMATION OF THE WHEREAS, Pride Month is observed annually to recognize and celebrate the history, achievements, resilience, and contributions of the lesbian, gay, bisexual, transgender, queer, and LGBTQ+ community; and WHEREAS, the City of San Bernardino values diversity, equity, inclusion, and the dignity of every resident, and recognizes that our community is strengthened when all people are treated with respect, compassion, and acceptance; and WHEREAS, LGBTQ+ individuals have made meaningful contributions to the cultural, civic, economic, educational, and social fabric of our city and continue to play an important role in building a more inclusive and vibrant community; and WHEREAS, Pride Month serves as an opportunity to honor those who have advocated for equality and justice, while reaffirming our shared commitment to creating safe, welcoming, and supportive spaces for all residents regardless of sexual orientation or gender identity; and WHEREAS, the City of San Bernardino encourages unity, understanding, and mutual respect among all members of the community and remains committed to fostering a city where every individual can live authentically and without fear of discrimination; NOW THEREFORE, BE IT PROCLAIMED THAT, the Mayor & City Council of the City of San Bernardino, do hereby proclaim the month of June 2026 as Pride Month in the City of San Bernardino, and call upon all residents, businesses, and community organizations to honor the diversity and dignity of every member of our community, to stand against discrimination in all its forms, and to celebrate the strength, joy, and resilience of the LGBTQ+ community throughout this month and every day of the year. Presented on this 3rd day of June 2026 Packet Page. 27 3 2 5 3 PUBLIC HEARING June 3, 2026 Honorable Mayor and City Council Members Gabriel Elliott, Director of Community Development & Housing Community Development & Housing It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action: 1. Hold a Public Hearing; and 2. Introduce and read by title only and waive further reading of Ordinance No. MC- xxx of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approve use of the new 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code; and 3. Schedule Ordinance No. MC-xxx for Adoption on July 15, 2026. Recommend continuing the Public Hearing to the regular meeting of June 17, 2026. The adoption of the recommended ordinance will reconcile the City’s plan check practices with the current California State Building Code (2025) rather than the 2022 California State Building Code reflected in the current Municipal Code. On January 1, 2026, the new California State Building Codes were implemented Statewide in all jurisdictions. However, the City of San Bernardino did not adopt the new Packet Page. 28 3 2 5 3 code at that time. The City must now adopt the new Building Codes as required by State law. Discussion The proposed changes to the San Bernardino Municipal Code are strictly for the purpose of adopting the new 2025 Statewide Building Code. Additionally, the proposed update will maintain the removal of language that allows for Temporary Certificates of Occupancy as it was adopted by the Mayor and City Council when the 2022 update was approved in 2024. The City’s Building & Safety Division does not allow for bonding and Temporary Certificates. This is due to previous and ongoing complications with the issuance of these temporary certificates and the required bonding associated with the certificates. Attachments 3 is Ordinance No. MC – 1643, approved by the Mayor and City Council for the 2022 Building Code update, and Attachment 4 is page 32 of Ordinance No. MC 1643, indicating the removal of the issuance of Temporary Certificates of Occupancy, and the reason behind it. Table 1 below provides a summary of the proposed changes to Chapter 15 of the Municipal Code TABLE 1: SUMMARY OF PROPOSED MUNICIPAL CODE CHANGES Specific language changes •All references to the 2022 California Building Codes will be changed to reflect the 2025 California Codes Language removed and added •Section 15.20.070 will be removed (Temporary Certificates of Occupancy) •Section 15.20.030 will be added (expressly prohibiting Temporary Certificates of Occupancy) Other sections removed •Section 15.34 will be removed as this language exists in the Development Code and is redundant and misplaced to be in the construction sections of the Municipal Code. 2021-2025 Strategic Targets and Goals The request for adoption of the proposed new Building Code aligns with Goal No. 1e: Minimize risk and litigation exposure and Goal No. 4b: Update the General Plan and Development Code. Updating the City’s Building Code is required by State Law and would bring the City in compliance with current building code standards. Fiscal Impact There is no General Fund impact associated with this action. Packet Page. 29 3 2 5 3 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action: 1. Hold a Public Hearing; and 2. Introduce and read by title only and waive further reading of Ordinance No. MC- xxx of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approve use of the new 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code. 3. Schedule Ordinance No. MC-xxx for Adoption on July 15, 2026 Attachments Attachment 1 Notice of Public Hearing Attachment 2 Public Hearing Continuation Notice - Adopting the New (2025) Building Code Ward: All Wards Synopsis of Previous Council Actions: On October 2, 2024, the Mayor and City Council adopted Ordinance No. MC-1643, adopting the new Municipal Code language and approve use of the 2022 California Building Code and other minor changes to Chapter 15 of San Bernardino Municipal Code. CC: Eric Levitt, City Manager Packet Page. 30 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 4036284 Vanessa Alvarado CITY OF SAN BERNARDINO/CITY CLERK - LEAD 201 N. E ST. BUILDING A SAN BERNARDINO, CA - 92401 HRG - NOTICE OF HEARING NOTICE OF PUBLIC HEARING CITY COUNCIL OF THE CITY OF SAN BERNARDINO 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: 04/25/2026 04/27/2026 SAN BERNARDINO !A000007382629! 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 Wednesday,May 6th 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: AN ORDINANCE OF THE MAYO R AND CITY COUNCI L OF THE CITY OF SAN BERNA RDINO,CALIFO RNIA AMENDI NG SECTIONS 15.04.020, 15.08.050,15.10.080,15.57.040,AND 15.68.050 TO THE SAN BERNA RDINO M UNICIPAL CODE OF THE SAN BERNA RDINO M UNICIPAL CODE PERTAINI NG TO BUILDINGS AND CONSTRUCTION F ROM TITLE 5 OF THE SA N BERNARDINO MUNICIPA L CODE TO A DOPT BY REFERENCE THE CALIFO RNIA BUILDING STANDARDS CODE (CA LIFORNIA CODE OF REGULATIONS,TITLE 24), CONSISTING OF THE 2025 CALIFO RNIA B UILDING CODE (INCORPORATING AND AMENDI NG THE 2024 INTERNATIONAL B UILDING CODE);THE 2025 CALIFO RNIA ELECTRICAL CODE (INCORPORATING AND AMENDI NG THE 2 023 NATIONAL ELECTRICAL CO DE);THE 2025 CALIFO RNIA PLUMBING CODE (INCORPORATING AND AMENDI NG THE 2024 UNIFORM PLUMBING CODE);THE 2025 CALIFO RNIA MECHANI CAL CODE (INCORPORATING AND AMENDI NG THE 2024 UNIFORM MECHANICA L CO DE);THE 2025 CALIFO RNIA ENERGY CO DE; THE 2025 CALIFO RNIA WILDLA ND-URBAN INTERFACE CODE;THE 20 25 CALIFO RNIA HISTORI CAL B UILDING CO DE; THE 2025 CALIFO RNIA FIRE CODE INCO RPORATI NG AND AMENDI NG THE 2024 WILDLA ND-URBAN INTERFACE CODE);THE 2 025 CALIFO RNIA GREEN BUI L DING STA NDARDS CODE;THE 20 25 CALIFO RNIA RESIDENTIA L CODE,THE 2024 INT ERNATIONAL P ROPERTY MAINT ENANCE CODE;AND THE 2025 CALIFO RNIA EXISTING BUILDING CODE. Applicant:City of San Bernardino Packet Page. 31 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,not to exceed three minutes. If you challenge the matter in court, you may be limited to raising only those issues you or someone else raised at the public meeting described in this notice or written correspondence delivered to the City Clerk at or prior to the public meeting. The City endeavors to be in total compliance with the Americans with Disabilities Act.If you require assistance or 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. 4/25/26 SBS-4036284# Packet Page. 32 3 2 5 3 PUBLIC HEARING May 6, 2026 Honorable Mayor and City Council Members Gabriel Elliott, Director of Community Development & Housing Community Development & Housing It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action: 1. Hold a Public Hearing; and 2. Introduce and read by title only and waive further reading of Ordinance No. MC- xxx of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approve use of the new 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code; and 3. Schedule Ordinance No. MC-xxx for Adoption on June 17, 2026. Recommend continuing the Public Hearing to the regular meeting of June 3, 2026. The adoption of the recommended ordinance will reconcile the City’s plan check practices with the current California State Building Code (2025) rather than the 2022 California State Building Code reflected in the current Municipal Code. On January 1, 2026, the new California State Building Codes were implemented Statewide in all jurisdictions. However, the City of San Bernardino did not adopt the new code at that time. The City must now adopt the new Building Codes as required by Packet Page. 33 3 2 5 3 State law. Discussion The proposed changes to the San Bernardino Municipal Code are strictly for the purpose of adopting the new 2025 Statewide Building Code. Additionally, the proposed update will maintain the removal of language that allows for Temporary Certificates of Occupancy as it was adopted by the Mayor and City Council when the 2022 update was approved in 2024. The City’s Building & Safety Division does not allow for bonding and Temporary Certificates. This is due to previous and ongoing complications with the issuance of these temporary certificates and the required bonding associated with the certificates. Attachments 3 is Ordinance No. MC – 1643, approved by the Mayor and City Council for the 2022 Building Code update, and Attachment 4 is page 32 of Ordinance No. MC 1643, indicating the removal of the issuance of Temporary Certificates of Occupancy, and the reason behind it. Table 1 below provides a summary of the proposed changes to Chapter 15 of the Municipal Code TABLE 1: SUMMARY OF PROPOSED MUNICIPAL CODE CHANGES Specific language changes •All references to the 2022 California Building Codes will be changed to reflect the 2025 California Codes Language removed and added •Section 15.20.070 will be removed (Temporary Certificates of Occupancy) •Section 15.20.030 will be added (expressly prohibiting Temporary Certificates of Occupancy) Other sections removed •Section 15.34 will be removed as this language exists in the Development Code and is redundant and misplaced to be in the construction sections of the Municipal Code. 2021-2025 Strategic Targets and Goals The request for adoption of the proposed new Building Code aligns with Goal No. 1e: Minimize risk and litigation exposure and Goal No. 4b: Update the General Plan and Development Code. Updating the City’s Building Code is required by State Law and would bring the City in compliance with current building code standards. Fiscal Impact There is no General Fund impact associated with this action. Conclusion Packet Page. 34 3 2 5 3 It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action: 1. Hold a Public Hearing; and 2. Introduce and read by title only and waive further reading of Ordinance No. MC- xxx of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approve use of the new 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code. 3. Schedule Ordinance No. MC-xxx for Adoption on June 17, 2026 Attachments Attachment 1 Ordinance No. MC-xxxx Building Code 2025 Attachment 2 Ordinance No. MC-xxxx Building Code 2025 (Tracked changes) Attachment 3 Ordinance No. MC-1643 Attachment 4 Page 32 of Ordinance No. MC-1643 Attachment 5 Notice of Public Hearing Ward: All Wards Synopsis of Previous Council Actions: On October 2, 2024, the Mayor and City Council adopted Ordinance No. MC-1643, adopting the new Municipal Code language and approve use of the 2022 California Building Code and other minor changes to Chapter 15 of San Bernardino Municipal Code. CC: Eric Levitt, City Manager Packet Page. 35 City of San Bernardino City Clerk’s Office 201 North E Street, San Bernardino, CA 92401 (909) 384-5002 www.sbcity.org NOTICE PUBLIC HEARING CONTINUED TO THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL ON JUNE 03, 2026 Item No. 6 – May 6, 2026 Mayor and City Council Agenda INTRODUCTION OF ORDINANCE NO. MC-XXX AMENDING VARIOUS SECTIONS OF TITLE 15 OF THE SAN BERNARDINO MUNICIPAL CODE ADOPTING THE NEW (2025) BUILDING CODE (ALL WARDS) (STAFF IS REQUESTING TO CONTINUE THIS ITEM TO JUNE 3, 2026) Dated: May 7, 2026 Telicia Lopez, CMC City Clerk Packet Page. 36 3 3 4 8 Public Hearing June 3, 2026 Honorable Mayor and City Council Members Gabriel Elliott, Director of Community Development and Housing Michael Rosales, Senior Planner Community Development & Housing Department It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution 2026-042 approving Subdivision No. 23-05 (Tentative Tract Map No. 20595) to allow the subdivision of a 404.3-acre site into 327 single-family residential lots; and adopting the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with the California Environmental Quality Act. 2. Introduce, read by title only, and waive further reading of Ordinance No. MC-1664 of the Mayor and City Council of the City of San Bernardino, California (a) Approving Specific Plan Amendment 23-01, amending the development standards and guidelines of the original development plan and reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan (APNs: 0265-041-12, 0265-051-12 and -13; 0265-061-16; 0265-011- 06, -07, and -08; 0265-051-09; and 0265-021-13) (Attachment 5 and 6); and (b) dissolving Development Agreement No. 08-02 (Attachment 1 and 6). 3. Schedule the adoption of Ordinance No. MC-1664 to the regularly scheduled meeting of the Mayor and City Council on June 17, 2026. N/A Packet Page. 37 3 3 4 8 Executive Summary This item was continued from the May 6, 2026 Mayor and City Council meeting to address issues raised by California State University, San Bernardino. Those issues have since been resolved. Additional comments were submitted by the Crestline Soaring Society Hang Gliders Association regarding safety concerns associated with hang glider takeoff and landing operations near the project area at Andy Jackson Airpark. These concerns were previously analyzed in the 2008 Subsequent Final Environmental Impact Report (Attachment 10 and 13 pages 44-63), which concluded the following findings remain valid today: •Historical records indicate the Paradise Hills/University Hills Specific Plan was approved by the City on February 15, 1993, prior to the Department of Water Resources’ (DWR) March 24, 1993 approval of the relocated hang glider landing zone adjacent to the project boundaries. Relocation was part of mitigation efforts for the construction of the Hydroelectric Plant (Attachment 13 pages 44-63). •Operations at the Andy Jackson Airpark conflict with City of San Bernardino Development Code Section 12.88 (MC 12.88.10) which prohibits hang gliding within and over City limits unless specifically approved by the Mayor and City Council. Meaning any flights need to occur over the DWR property only, airspace included (Attachment 10 and 13 pages 44-63). •The 2008 Subsequent Environmental Impact Report further noted that the airpark had never received formal City authorization, land use approval, business licensing, or permits required under the City Municipal or Development Code, that is still the case as of today (Attachment 13 pages 44-63). The Applicant and the City have coordinated extensively with the California Department of Water Resources, including meetings and correspondence. In a letter dated April 15, 2026 (Attachment 12-Public Comments), DWR confirmed that its obligations under the Federal Energy Regulatory Commission license related to relocation of the airpark were fully satisfied in 1993. DWR further stated that Article 410 imposed only a one-time mitigation requirement, with no continuing obligations related to the airpark, and therefore DWR has no further comments regarding approval of the University Hills Development (Attachment 12). The concerns raised regarding hang gliding operations and airpark activities were previously evaluated and addressed through the environmental review process, remain unchanged from prior findings, and do not constitute a new or unresolved issue affecting approval of the University Hills Development project. Packet Page. 38 3 3 4 8 Specific Plan Amendment 23-01 proposes revisions to the land use plan and significantly reduces development intensity within the 404-acre site. The amendment consolidates 24 planning areas into 4; lowers residential density from 20 to 3.1 dwelling units per acre; increases permanent open space from 235 to 300 acres; reduces total units from 980 to 327; updates park concepts; revises circulation to connect Badger Canyon Road to Campus Drive adding emergency access; and updates development standards to emphasize single-family homes (Attachment 5 and 6). Subdivision 23-05 (Tentative Tract Map No. 20595) is requested to allow for the subdivision of a 404.3-acre site into 327 single family lots, along with parcels for landscaping, parks, water quality basins, roads, trails, 46.86 acres of parks and open space, and an additional 300.44 acres of open space preserved within a remainder lot (Attachment 1, 2, 3, and 4). Development Agreement 08-02 has been requested to be dissolved and removed from the property title and project as obligations outlined in the agreement were not fulfilled. Background 1993: The Paradise Hills Specific Plan, approved in 1993 and based on the former General Plan, included a certified Environmental Impact Report and proposed a 229- acre development area extending north into Badger Canyon. The plan called for 504 residential units and 175 acres of open space, with two housing types—Foothill Residential at 3.5 units per acre and Hillside Residential at 1 unit per acre—resulting in overall densities of 1.25 and 2.2 units per acre. The Paradise Hills Specific Plan was later revised to cluster development south of the San Andreas Fault, which crosses the property, eliminate development in Upper Badger Canyon, and create a land plan in association with California State University San Bernardino (CSUSB). The project was never built, and no development has occurred on the site since 1993. 2005: After adoption of the new General Plan in 2005, The Paradise Hills Specific Plan was renamed the University Hills Specific Plan (SP-UH) via Resolution 2005-362 adopted November 1, 2005. The University Hills Specific Plan (SP-UH) applied updated goals, policies, and land-use designations to the site which included Residential Suburban (4.5 units/acre) on the southern third, Residential Low (3.1 units/acre) in the center, and Open Space along the northern edge, all designations consistent with the original plan. No movement on the Specific Plan occurred at this time. 2008: The Environmental Review Committee determined that the University Hills Specific Plan could have negative effects on the environment and warranted preparation of a Subsequent Environmental Impact Report. The Draft SEIR was distributed for the 45-day public review period from August 1, 2008 to September 1, 2008. On November 17, 2008 the Mayor and Common Council accepted the Subsequent Environmental Impact Report (SEIR) and adopted the University Hills Packet Page. 39 3 3 4 8 Specific Plan No. 07-01(Attachment 9 and 10). January 13, 2026: the City of San Bernardino Planning Commission considered Resolution 2026-001 at the duly noticed hearing (Attachment 7 and 8). At the Planning Commission meeting there were ten (10) speakers representing the Crestline Soaring Society, a paragliding and hand gliding club, and community members Dolores Armstead and Bobby Long who spoke in opposition to the project. After the public comments the Planning Commission deliberated and voted the following: RESULT: APPROVED MOVER: Commissioner Carlone SECONDER: Commissioner Pratt ABSTAIN:None AYES:I. Garcia, Quiel, Ngalande, Pratt, Carlone, O. Garcia NOES:Dailey, Lopez ABSENT:Sherrick The Item was approved (Attachment 7 and 8). May 6, 2026: the Mayor and City Council considered Resolution 2026-042 and Ordinance No. MC-1664, and after public testimony voted unanimously to continue the Specific Plan Amendment 23-01 and Subdivision 23-05 to the June 3, 2026 Regularly scheduled meeting of the Mayor and City Council. The motion was made by Mayor Pro Tem Knaus and seconded by Council Member Sánchez (Attachment 16). Discussion The Project site is located within the northern end of the City of San Bernardino, just north of the California State University San Bernardino (CSUSB) campus and several large debris basins maintained by the County of San Bernardino Flood Control District. The Project site occupies approximately 404 acres of vacant land in the western edge foothills of the San Bernardino Mountains which run for approximately 60 miles east from the Cajon Pass to the Coachella Valley. The elevation of the Project site ranges between 1,600 feet above sea level (ASL) at its southerly boundary to an upper elevation of approximately 2,600 feet ASL. An observatory to the south is located at Badger Hill which is utilized by CSUSB for educational purposes. The Project consists of the first amendment to the approved University Hills Specific Plan (SP-UH) Project. The original Project was adopted by the City of San Bernardino in 2008. This first amendment of the approved Project is a proposal to (1) adopt the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) (Attachment 3), modify the land use plan and reduce the development intensity and residential dwelling units allowed within the 404- acre site, Subdivide for 327 single family lots (Attachment 6), subdivide a 404.3-acre site into 327 single family lots and dissolve and remove Development Agreement 08- Packet Page. 40 3 3 4 8 02 from the property title (Attachment 1). Amendment Specifically, the amendment would include the following changes: •Reduce the number of Planning Areas from 24 to 4. •Reduce the residential density of the Project from a maximum of 20 dwelling units per acre (du/acre) to 3 du/acre. •Increase the amount of land preserved in perpetuity as open space from approximately 235 acres to approximately 300 acres, to better accommodate environmental site constraints, such as seismic and biological constraints. •Reduce the number of allowed residential dwelling units (DU) from 980 DU to 327 DU. •Redesign of the conceptual park plans. •Update the circulation plan to connect Badger Canyon Road south to Campus Drive and add additional emergency vehicle access roads. •Update of development standards and design guidelines to focus on single- family residential development. Approvals associated with the Specific Plan Amendment (SPA) include an amendment to the University Hills Specific Plan (Attachment 5) and a Tentative Tract Map (TTM) (Attachment 1): Subdivision The Tentative Tract Map is a subdivision proposing to implement the land uses identified in the first amendment to the University Hills Specific Plan (SP-UH). Subdivision 23-05 (TTM No. 20595) proposes the subdivision of approximately 338.80 acres into 327 single family residential lots with a minimum lot size of 2,750 sq. ft. This includes lots for landscaping, passive park, water quality basin, roadways, trails and 46.86 acres of open space; 300.44 acres will be allotted to additional open space within a remainder lot (Attachment 1). Pedestrian and Bicycle Connectivity The amendment would improve the Project site with pedestrian and bicycle infrastructure, as follows: •The Pedestrian and bicycle routes along roadways would incorporate pedestrian amenities such as benches, bike racks, shade structures, and lighting where appropriate. •Pedestrian connections would link residential neighborhoods with recreation areas. •Bike racks would be located at strategic points throughout the open space system, such as parks and other recreational amenities, to encourage non- vehicular circulation. Trails would be clearly marked with consistent signage and well-lit with bollard lighting as appropriate. Packet Page. 41 3 3 4 8 Roadways, Traffic, and Circulation The originally approved Project of 2008 was designed with main access (to the site) through the Campus Parkway extension, with Badger Canyon Road (a dirt road) used only as an Emergency Vehicle Access (EVA) route. The current amended Project keeps these same roadways—Campus Parkway extension and EVA No. 1 (Badger Canyon Road)—as part of its land use plan. In addition, the Project would add two new vehicle access points: Campus Parkway Access: A new driveway would connect to a future road off Campus Parkway. This new road is expected to link Campus Parkway with North Campus Circle at a future intersection located just north of the existing West Campus Circle/North Campus Circle intersection. Badger Canyon Road Access: A second driveway would connect to a future fire access road along EVA No. 1 (Badger Canyon Road). Badger Canyon Road would tie into Devils Canyon Road just north of the current Campus Parkway and Northpark Boulevard/Devils Canyon Road intersection. Utilities and Infrastructure The Project presented would require the installation of utilities and infrastructure systems including potable water, water to fight fires, wastewater, storm drainage, electricity, natural gas, street lighting, and sidewalks would be installed to serve the Project. The updated SP-UH includes utility master plans for water, sewer, storm drain, etc. All Project utility connections would be located underground. Eight aboveground Frontier electricity power poles/power lines are located within the Project site. These electric power lines would go underground and relocated away from the residential lots as part of the Project onsite development activities. Landscaping Landscaping within Project site would consist of evergreen and deciduous canopy trees with flowering evergreen shrubs and groundcovers. It is intended that the landscaping would provide visual themes and continuity throughout the Project site, enhance desirable views, screen undesirable views, beautify and control erosion of graded slopes exposed to public views, preserve existing landscape material (whenever possible), and enhance interfaces between graded and natural open space areas. Streetscape elements, such as landscaping, lighting, street furniture, and signage, would create an attractive, consistent, and cohesive community image and would complement the surrounding architectural styles. Landscaping along major roadways and at Project entries would be designed to create an attractive and cohesive community identity. Packet Page. 42 3 3 4 8 Water usage would be minimized through the planting of native and low-water species and the utilization of water-efficient and drip irrigation systems. Medians and parkways would be used for water treatment and to reduce runoff, when possible. Overall, landscaping would include the installation of shade trees throughout the Project site including fire-safe and drought tolerant landscaping that is located to help reduce the effect of harsh winds, provide shade, and highlight significant features. The Project would be maintained via Homeowners Association (HOA) agreements and Landscape and Lighting Maintenance Districts (LLMDs). Recreation Areas The Project would develop recreation and open space areas as follows: •Recreation and open space areas would be designed to accommodate the needs of different ages and abilities. •Canopy trees would be used to provide shade. •Outdoor furniture would be provided in parks and common open space areas that would complement the surrounding architectural styles, materials, and colors. •A combination of hard and soft paving would be used depending on the function of the recreational amenities. •Active areas would utilize turf, grass, and ornamental plantings. Passive areas would primarily be composed of drought-tolerant species. Lighting Lighting within the Project is intended to help define vehicular and pedestrian circulation patterns, provide safe pedestrian movement, distinguish community entries and activity areas, and contribute to the overall landscape theme of the community. The goal is to provide a sense of place by varying fixtures and illumination levels. Due to the proximity of Project site to the CSUSB observatory at Badger Hill, the use of lighting within the community shall not be excessive and would be consistent with the dark sky guidelines suggested by the International Dark Sky Association. Additionally, the Project lighting would implement the following features: •Streetlights would implement the use of Light-Emitting Diode (LED) in accordance with City Standard No’s, SL-1, SL-2, and SL-3. Also, when more than three streetlights are proposed, a lighting plan would be prepared for all public areas within University Hills in accordance with the City of San Bernardino Street Lighting Design Policies. The lighting plan would establish uniform lighting standards regarding style, materials, and colors to ensure consistent design. The lighting plan would be submitted to the City’s Public Works Department for review and approval, prior to installation. •All exterior lights would be shielded and focused on driveways to minimize spill light into the night sky or adjacent properties (residential land uses located Packet Page. 43 3 3 4 8 approximately 600 feet southeast of the Project site, along North “I” Street). •Exterior lighting would be consistent with City safety and illumination requirements for rural areas. Exterior lighting on homes would be set to automatic timers. Light standards would be energy efficient and in scale with the height and use of the structures on-site. •Light standards would not exceed 15 feet in height above finish grade. Lighting in parks may exceed this limit where deemed appropriate by the University Hills Design Review Committee and approved by the City. The 15-foot height limit may be waived as deemed necessary by the City Engineer. •Lighting would be decorative, in keeping with the architectural theme of the facility served and shall be located within landscape planter areas. •All lighting, including security lighting, would be directed away from adjoining properties and the public right-of-way. •Parking areas would have lighting that provides adequate illumination for safety and security. Parking lot lighting fixtures would maintain a minimum of 1 foot- candle of illumination at ground level at any location within the parking facility. •The level of lighting would not exceed 0.5 foot-candle at any residential property line or at the perimeter of the developed areas adjacent to the areas designated as Open Space. •Game-court lighting is permitted on a case-by-case basis. Prior to installation, all game court lighting shall be reviewed and approved by the City of San Bernardino and any other responsible governing agency. Court lighting fixtures shall not exceed 30 feet in height. •Exterior lighting may be used to illuminate significant exterior features and landscaping. Off-site Improvements to the Project: Offsite street improvements would include drainage, water, and sewer improvements. A fuel modification zone would be constructed on San Bernardino County Flood Control properties within public easement and reservoirs. The Project would also require the construction and realignment of main ingress and egress roads, and EVA roadway alignments. Construction Schedule The Project does not contain a specific phasing plan or construction schedule for the Project; however, the Project would include backbone infrastructure that would include roads, water, and sewer lines prior to developing any planning areas. The Project site preparation is anticipated to occur over a period of 2 years, which the Specific Plan Amendment identified as 2027 to 2029. These timeframes are also assumed for air quality modeling purposes. However, these timeframes are subject to changes depending on various factors, including economic conditions and market demand. Development Agreement 08-02 The applicant has requested Development Agreement 08-02 to be dissolved and removed from the property title. Section 3.1.1 within the agreement defines the “5 Year Performance Plan,” requiring that within the first five years of the effective date of Packet Page. 44 3 3 4 8 4/19/2012, off-site rights of way “must have been acquired,” construction plans for the backbone infrastructure “shall be submitted” and deemed complete plans for the first phase of residential structures and park “shall have been submitted.” None of these mandatory requirements were satisfied, so the developer failed to meet the obligations under Section 3.1.1. As a result of the failure to meet these obligations, the Development Agreement shall be terminated per Section 3.2. In addition to the above, terms within Development Agreement 08-02 are no longer applicable to the proposed Specific Plan Amendment. Such terms include the City maintenance of the roadways and landscape areas, the provision of public parks and buildings, vested impact fee schedules, and the provision of multifamily housing including student/faculty housing. In place of Development Agreement 08-02 there will be a Memorandum of Understanding as the expired Development Agreement referenced separate agreements between California State University San Bernardino (CSUSB) and the original developer. To preserve CSUSB’s intended protections and interests regarding roadway access, maintenance, open space access, and safeguards for campus facilities, Planning Conditions of Approval were incorporated into the Resolution as follows: (Added as number 20 COA): Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall provide a copy of a recorded agreement between applicant/developer/property owner and California State University, San Bernardino for access into the University Hills project for limited, educational purposes. (Added as number 21 COA) : Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall obtain easements or acquire all property necessary from the California State University, San Bernardino, San Bernardino County Flood Control, and any other property owner necessary to provide access to the site from an existing public right of way. (Added as number 22 COA): Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall enter into a Memorandum of Understanding (MOU), or any other agreement deemed appropriate by both parties, with California State University, San Bernardino to address a variety of issues that could include access rights and conditions, construction management and campus protection, fault and land laboratory access, lighting and observatory protection, agency review and approval, term and termination, and dispute resolution. (Amendment to COA 8): The applicant shall coordinate with other outside agencies including but not limited to California State University, San Bernardino, San Bernardino County Flood Control, and San Bernardino County Fire. Packet Page. 45 3 3 4 8 All required approvals, permits, and clearances shall be obtained from all outside agencies prior to recordation of the final map and prior to issuance of grading, building, and occupancy permits, as applicable, for the project. Examples include but are not limited to encroachment permits, access agreements or Memorandums of Understanding. In addition, CSUSB has prepared the Memorandum of Understanding to outline the key deal points between CSUSB and Encore University hills, LLC. These provisions will ultimately be formalized through an encroachment agreement, which will be recorded against the property title. General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: Land Use Element 2.1 Preserve and Enhance San Bernardino’s Unique Neighborhoods. The University Hills Specific Land Use Plan is designed to be compatible with the surrounding residential and future commercial uses within the vicinity. 2.3 Create and Enhance Dynamic, Recognizable Places for San Bernardino’s Residents, Employees, and Visitors. The Specific Plan Design Guidelines provide for the creation of unique, quality residential development. 2.5 Enhance the Aesthetic Quality of Land Uses and Structures in San Bernardino. The Specific Plan Design Guidelines provide for the creation of unique, quality residential development. Housing Element Policy 1.3 Design Features. Require new and rehabilitated housing to be well designed, with appropriate attention to site planning, materials and colors, building treatments, landscaping, open space, parking, and sustainable green designs. The Addendum to the University Hills Specific Plan will increase the amount of land preserved in perpetuity as open space, Update the Parks Plan, and update the circulation to accommodate the project. Community Design Element 5.3 Recognize Unique Features in Individual Districts and Neighborhoods and Develop a Program to Create Unifying Design Themes to Identify Areas Throughout the City. The Specific Plan Design Guidelines provide for the creation of unique, quality residential and commercial development. Circulation Element 6.1 Provide a Well-Maintained Street System. The interior local roads will be maintained by a homeowner’s association. Parks, Recreational and Trails Element Packet Page. 46 3 3 4 8 8.1 Improve the Quality of Life in San Bernardino by Providing Adequate Parks and Recreation Facilities and Services to Meet the Needs of Our Residents. The University Hills Specific Plan (SP-UH) provides for a variety of private parks and open space. Utilities Element 9.1 Provide a System of Wastewater Collection and Treatment Facilities that will Adequately Convey and Treat wastewater Generated by Existing and Future Development in the City’s Service Area. The University Hills Specific Plan provides for the creation of a wastewater system that will tie into existing facilities. 9.3 Provide Water Supply, Transmission, Distribution, Storage, and Treatment Facilities to Meet Present and Future Water Demands in a Timely and Cost-Effective Manner. The University Hills Specific Plan provides for the creation of a water system that will tie into existing facilities. 9.4 Provide Appropriate Storm Drain and Flood Control Facilities where necessary. The University Hills Specific Plan provides for the creation of a drainage system that will tie into existing facilities. 9.10 Ensure that the Costs of Infrastructure Improvements are Borne by those who Benefit. The infrastructure improvements required by the University Hills Specific Plan will be financed by the builder. Safety Element 10.5 Reduce Urban Run-Off from New and Existing Development. The Specific Plan Design Guidelines provide a variety of measures to reduce urban run-off, including a drainage basin and bio-swales. Energy and Water Conservation Element 13.1 Conserve Scarce Energy Resources. The University Hills Specific Plan contains a chapter on Sustainable Guidelines to reduce energy and water use and conserve natural resources. Noise Element 14.1 Ensure that Residents are Protected from Excessive Noise Through Careful Land Planning. Through site planning and construction techniques, residents will be protected from excessive noise. California Environmental Quality Act Pursuant to the requirements of Section 15164(a) (Addendum to an EIR) of the California Environmental Quality Act, the Planning Division of the Community Development and Housing Department accepted the Addendum to the Subsequent Final Environmental Impact Report prepared by Kimly-Horn, environmental consultant for SP 23-01 and SUB 23-05 (TTM 20595) on behalf of the applicant due to the fact Packet Page. 47 3 3 4 8 that: 1) there are no substantial changes in the proposed project that would require major revisions of the previous Subsequent Final Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) there are no substantial changes that have occurred with respect to the circumstances under which the proposed project is undertaking which will require major revisions of the previous Subsequent Final Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and, 3) there is no new information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time that the previous Subsequent Final Environmental Impact Report was certified. 2021-2025 Strategic Targets and Goals Specific Plan Amendment 23-01 and Subdivision 23-05- will add needed attainable housing in the City of San Bernardino. This aligns with Goal No. 3: Improved Quality of Life. Fiscal Impact None Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution 2026-042 approving Subdivision No. 23-05 (Tentative Tract Map No. 20595) to allow the subdivision of a 404.3-acre site into 327 single-family residential lots; and adopting the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with the California Environmental Quality Act. 2. Introduce, read by title only, and waive further reading of Ordinance No. MC-1664 of the Mayor and City Council of the City of San Bernardino, California (a) Approving Specific Plan Amendment 23-01, amending the development standards and guidelines of the original development plan and reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan (APNs: 0265-041-12, 0265-051-12 and -13; 0265-061-16; 0265-011- 06, -07, and -08; 0265-051-09; and 0265-021-13) (Attachment 5 and 6); and (b) dissolving Development Agreement No. 08-02 (Attachment 1 and 6). 3. Schedule the adoption of Ordinance No. MC-1664 to the regularly scheduled meeting of the Mayor and City Council on June 17, 2026. Packet Page. 48 3 3 4 8 Attachments Attachment 1: Resolution No. 2026-042 Attachment 2: Exhibit A-Resolution No. 2026-042 Approved Plans Attachment 3: Exhibit B-Resolution 2026-042 Mitigation Monitoring and Reporting Program Attachment 4: Ordinance No. MC-1664 (SP23-01 Amendment) Attachment 5: Exhibit A-Ordinance No. MC-1664 Amendment to Specific Plan Notations Attachment 6: Exhibit B- Ordinance No. MC-1664 DA Removal Justification Letter Attachment 7: Planning Commission Packet (SP23-01 and SUB23-05) Attachment 8: PC Approved Reso 2026-001(SP23-01 and SUB23-05) Attachment 9: Resolution 2008-422 (Original UH approval by MCC) Attachment 10: SFIER and APPX Attachment 11: University Hills-Fire Protection Plan-Draft Attachment 12: Public Comments Attachment 13: Section 3a. Response to CommentsSFEIR2008 Attachment 14: Presentation Attachment 15: Newspaper Publication Attachment 16: Public Hearing Continuation Notice Ward: First Ward Synopsis of Previous Council Actions: On November 17, 2008 the Mayor and Common Council accepted the Subsequent Environmental Impact Report (SEIR) and adopted the University Hills Specific Plan No. 07-01 (Attachment 9). On May 6, 2026 the Mayor and City Council unanimously voted to push the item to the June 3, 2026 regularly scheduled Mayor and City Council meeting. CC Eric Levitt, City Manager Packet Page. 49 RESOLUTION NO. 2026-042 1 8 9 5 3 RESOLUTION NO. 2026-042 In 1993, the City of San Bernardino Mayor and Common Council approved the Paradise Hills Specific Plan; and after adoption of the City of San Bernardino General Plan in 2005, The Paradise Hills Specific Plan was renamed the University Hills Specific Plan (SP-UH) via Resolution 2005-362 adopted November 1, 2005; and on November 17 2008, the Mayor and Common Council of the City of San Bernardino adopted Resolution No. 2008-422 certifying the Final Subsequent Environmental Impact Report (California State Clearinghouse No. 2007071155), adopting the Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, and approving Specific Plan 07-01 for the University Hills Specific Plan (SP-UH); and on February 27, 2023, pursuant to the requirements of Chapter 19.64 (Specific Plans), and Chapter 19.66 (Subdivisions) of the City of San Bernardino Development Code, an application for Subdivision 23-05 (Tentative Tract Map 20595), was duly submitted by: Property Owner: Encore University Hills, LLC 770 Tamalpais Drive, #401B Corte Madera, CA 94925 Applicant: David Hardy 3333 Michelson Drive, Suite 620 Irvine, CA 92612 APN: 0265-041-12, 0265-051-12 and -13; 0265-061-16; 0265-011-06, -07, and -08; 0265-051-09; and 0265-021-13 Lot Area: 404.3 acres Packet Page. 50 RESOLUTION NO. 2026-042 2 8 9 5 3 WHEREAS, Subdivision 23-05 (Tentative Tract Map 20595), constitutes a section of the University Hills Specific Plan Project ("Project"); and WHEREAS, Subdivision 23-05 (Tentative Tract Map 20595) is a request to allow the subdivision of a 404.3-acre site into 327 single-family residential lots and open space; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, Section 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code Regulations, Section 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, pursuant to the requirements of Section 15164(a) (Addendum to an EIR) of the California Environmental Quality Act, the Planning Division of the Community Development and Housing Department accepted the Addendum to the Subsequent Final Environmental Impact Report prepared by Kimly-Horn, environmental consultant for SP 23-01 and SUB 23-05 (TTM 20595) on behalf of the applicant due to the fact that: 1) there are no substantial changes in the proposed project that would require major revisions of the previous Subsequent Final Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) there are no substantial changes that have occurred with respect to the circumstances under which the proposed project is undertaking which will require major revisions of the previous Subsequent Final Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and, 3) there is no new information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time that the previous Subsequent Final Environmental Impact Report was certified; and WHEREAS, the Planning Division of the Community Development and Housing Department has reviewed Subdivision 23-05 (Tentative Tract Map 20595) for consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code and University Hills Specific Plan; and WHEREAS, on December 10, 2025, pursuant to Section 19.44.030 (Project Review) of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and forwarded (1) the Addendum to the Subsequent Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155), (2) Subdivision 23-05 (TTM 20595) to the Planning Commission meeting of January 13, 2026 for consideration; and WHEREAS, on January 13, 2026 the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report. At the public hearing there was opposition to the “Project” via ten (10) speakers representing the Crestline Soaring Society a paragliding and hand gliding club, and community members Dolores Armstead and Bobby Long who spoke in opposition to the project. After the public comments, the Planning Commission deliberated and a motion was made by Commissioner Carlone and seconded by Commissioner Pratt to approve staff’s recommendation to move Specific Plan Amendment 23-01 to the meeting of the Mayor and City Council for the first reading on May 6, 2026. Packet Page. 51 RESOLUTION NO. 2026-042 3 8 9 5 3 The motion was approved per Resolution 2026-001 by Commissioners; Carlone, I. Garcia, O. Garcia, Ngalande, Pratt, and Quiel. Commissioners Dailey and Lopez denied, and Commissioner Sherrick was absent. The item passed six (6) to two (2); and WHEREAS, notice of the May 6, 2026 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on April 25, 2026, and was mailed to the owners and tenants of property located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, at the public hearing conducted by the Mayor and City Council, no additional information submitted to the City Council has produced substantial new information requiring substantial revisions that would trigger recirculation of the Addendum or additional environmental review under State CEQA Guidelines Section 15088.5; and WHEREAS, at the public hearing conducted by the Mayor and City Council on May 6, 2026 the Crestline Soaring Society and community members Ron Alvarado and Les made comments of concern towards the project; and Lozeau Drury LLP contested the CEQA determination for the project; and WHEREAS, at the public hearing conducted by the Mayor and City Council on May 6, 2026 the Mayor and City Council considered Resolution 2026-042, and following public testimony, unanimously voted to continue Specific Plan Amendment 23-01 and Subdivision 23- 05 to the regularly scheduled June 3, 2026 meeting of the Mayor and City Council. The motion was made by Council Member Knaus and seconded by Council Member Sánchez; and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearing and Appeals) and Chapter 19.66 (Subdivision Maps) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Subdivision 23-05 and the addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155). 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.Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the Addendum to the Subsequent Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155), and written and oral testimony, and having exercised their independent judgment, find that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment. Packet Page. 52 RESOLUTION NO. 2026-042 4 8 9 5 3 SECTION 3.Adoption of the Addendum to the Subsequent Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155). Based upon the findings made herein and their independent judgment and analysis, the Mayor and City Council hereby adopt the Addendum to the Subsequent Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155), attached hereto and incorporated herein by reference as Exhibit B. The Mayor and City Council hereby impose each mitigation measure as a condition of approval of the Project, in accordance with CEQA and the State CEQA Guidelines. SECTION 4. FINDINGS FOR SUBDIVISION 23-05 (TENTATIVE TRACT MAP 20595): Finding No. 1:The proposed map is consistent with the General Plan. Finding of Fact:The proposal is consistent with General Plan Land Use Goal 2.1 states: “Preserve and enhance San Bernardino’s unique neighborhoods”. The parcel of which the subdivision is proposed for is currently developed with a single-family residence and will conform to the development standards, design guidelines and policies specified within the University Hills Specific Plan (SP-UH) and has consistency with the General Plan goal and policy cited above. Additionally, the proposed project is a permitted land use subject to the approval of a Subdivision with the appropriate Conditions of Approval and CEQA determination. The proposal is also consistent with General Plan Land Use Element Policy 2.10.1 in which requires that all decisions related to the physical development and growth of the City of San Bernardino complies with the General Plan. Specifically, the provisions of this plan shall be applied to proposed private development projects. Finding No. 2:The design and improvements of the proposed subdivision is consistent with the General Plan. Finding of Fact:General Plan Land Use Goal 2.2 states: Promote development that integrates with surrounding land uses. The proposed Tentative Parcel Map will be consistent with the pattern of the surrounding residential development. General Plan Land Use policy 2.7.5 states: Require that developments conform to the availability of public infrastructure to accommodate its demands and mitigate its impacts. The proposed Tentative Parcel Map will connect to existing water and sewer services, create roads and storm drains, and private utilities. Therefore, the design and improvements of the proposed subdivision is consistent with the General Plan. Finding No. 3:The site is physically suitable for the type of development. Packet Page. 53 RESOLUTION NO. 2026-042 5 8 9 5 3 Finding of Fact:The proposed project is permitted within the University Hills Specific Plan (SP-UH), subject to the approval of Subdivision 23-05 (Tentative Parcel Map 20595) and the appropriate Conditions of Approval and adoption of the Addendum to the Final Subsequent Environmental Impact Report (SEIR) and Mitigation Monitoring and Reporting Program (SCH #2007071155). The subject site as a residential development is sufficient in size to accommodate the proposal under Subdivision 23-05 as required by the City of San Bernardino Development Code and the University Hills Specific Plan (SP-UH). Therefore, the subject site is physically suitable for the proposal. Finding No. 4:The site is physically suitable for the proposed density of development. Finding of Fact:The proposed site has been designed to meet all of the standards required by the Development Code for the University Hills Specific Plan (SP-UH) in which it is located. The subdivision of the site will not create any inconsistencies with regard to the standard requirements for the Specific Plan as analyzed. Therefore, the site is physically suitable for the proposed density of development. Finding No. 5:The design of the subdivision(s) and the proposed improvements will not cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. Finding of Fact:The design of the subdivision will not have any significant negative impacts to wildlife or their habitat. The project site was analyzed through a SEIR approved in November 2008 and re-analyzed through the Specific Plan Addendum 23-01. No significant negative impacts on the environment are anticipated to result from the proposed development that are not mitigated by the Mitigation Monitoring and Reporting Program. Finding No. 6:The design of the subdivision(s) or type of improvements will not cause serious public health problems. Finding of Fact:The design of the proposed subdivision meets all of the applicable Development Code and Specific Plan requirements and will not result in any serious public health problems. The proposed parcels will have access to existing public streets and utilities, and public services will be available to serve the project site and ensure the maintenance of public health and safety. Finding No. 7:The design of the subdivision(s) or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Packet Page. 54 RESOLUTION NO. 2026-042 6 8 9 5 3 Finding of Fact:The design of the subdivision will not conflict with any public or private easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Map. Existing easements will be reserved in place or relocated, as necessary. SECTION 5.Subdivision 23-05 (Tentative Tract Map 20595), a request to allow the subdivision of a 404.3-acre site into 327 single-family residential lots (0265-041-12, 0265-051-12 and -13; 0265-061-16; 0265-011-06, -07, and -08; 0265-051-09; and 0265-021-13) attached hereto and incorporated herein by reference as Attachment 1, is hereby approved, subject to the following Conditions of Approval: EXPIRATION DATE: January 13, 2028 Packet Page. 55 RESOLUTION NO. 2026-042 7 8 9 5 3 6. 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. 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 Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. Planning Division 7. 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 shall only occur Monday through Friday. 8. (Amended) The applicant shall coordinate with other outside agencies including but not limited to California State University, San Bernardino, San Bernardino County Flood Control, San Bernardino County Fire. All required approvals, permits, and clearances shall be obtained from all outside agencies prior to recordation of the final map and prior to issuance of grading, building, and occupancy permits, as applicable, for the project. Examples include but are not limited to encroachment permits, access agreements or Memorandums of Understanding. 9. Development of the residential tracts will require the approval of a Development Permit Type-P prior to the issuance of building, grading, on-site, and off-site permits. 10. The applicant/property owner must sign and have notarized an affidavit acknowledging acceptance of the Conditions of Approval and return it to the Planning Division within thirty (30) days of the effective date of this approval. 11. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code, section 19.28.120 (Water Efficient Landscaping Standards). 12. Minor Modifications to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. Packet Page. 56 RESOLUTION NO. 2026-042 8 8 9 5 3 13. The project shall comply with all applicable requirements of the Building and Safety Division, San Bernardino Police Department, San Bernardino Municipal Water Department, Public Works Department, and the City Clerk’s Office/Business Registration Division. 14. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Flood Control, San Bernardino County Fire Department, and California Board of Equalization), as applicable. 15. The property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter or any other undesirable material(s). Vandalism, graffiti, trash, and other debris shall be removed and cleaned up within twenty-four (24) hours of being reported. 16. Signs are not approved as part of this permit. Prior to establishing any new signs, or to replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 17. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval printed on the plan sheets. 18. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to the commencement of work. 19. All new construction shall require permits prior to commencement. 20. (Added) Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall provide a copy of a recorded agreement between applicant/developer/property owner and California State University, San Bernardino for access into the University Hills project for limited, educational purposes. 21. (Added) Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall obtain easements or acquire all property necessary from the California State University, San Bernardino, San Bernardino County Flood Control, and any other property owner necessary to provide access to the site from an existing public right of way. 22. (Added) Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall enter into a Memorandum of Understanding (MOU), or any other agreement deemed appropriate by both parties, with California State University, San Bernardino to address a variety of issues that could include access rights and conditions, construction management and campus Packet Page. 57 RESOLUTION NO. 2026-042 9 8 9 5 3 protection, fault and land laboratory access, lighting and observatory protection, agency review and approval, term and termination, and dispute resolution. 23. All Conditions of Approval and standard requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. Building & Safety Division 24. The Building and Safety Division has no material objection to the present proposal that would prevent the project from proceeding in the entitlement process. Please note that our review is limited to project feasibility and was not reviewed for building code compliance or to establish project conditions of approval. 25. The subdivision will require geotechnical reports for each prepared by a qualified geotechnical engineer. Public Works Department – Engineering Division 26. Drainage and Flood Control a) All necessary drainage and flood control measures shall be subject to requirements of the Building Official, which may be based in part on the recommendations of the San Bernardino County Department of Transportation and Flood Control. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. b) A permit will be required from the San Bernardino County Department of Transportation and Flood Control, if any work is required within the Flood Control District's right-of-way. c) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right- of-way dedicated as necessary. d) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. e) If site drainage is to be discharged into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. f) A Final Full-Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the County of San Bernardino’s Flood Control web page for the template and Technical Guidance Document. The Land Development Division, prior to issuance of any permit, shall approve the WQMP. A CD/USB copy of the approved WQMP and Hydrology Study shall be required prior to grading permit issuance. Packet Page. 58 RESOLUTION NO. 2026-042 10 8 9 5 3 g) A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD/USB copy of the approved SWPPP shall be submitted to City prior to grading permit issuance. h) A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. i) The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 27. Grading and Landscaping a) The grading and on-site improvement plan shall be signed by a Registered Civil Engineer, and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the Building Official. b) If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. c) If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. d) One 4' x 11' PCC pad at least 4" thick shall be provided in the rear or side yard area of each lot for storage of recycling containers. The pad shall be screened from public view and a 3' wide concrete walkway shall be provided from the driveway to the pad. All gates along the access way shall have a minimum clear width of 3'-6". e) A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. f) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’. Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted. Packet Page. 59 RESOLUTION NO. 2026-042 11 8 9 5 3 g) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. h) No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner’s agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee. All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition. i) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. j) The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking. k) The public right-of-way, between the property line and top of curb (also known as “parkway”) along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project’s on-site landscape plan. 28. On-Site Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. c) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. d) Utility services shall be placed underground and easements provided as required. e) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer. Packet Page. 60 RESOLUTION NO. 2026-042 12 8 9 5 3 f) Sewers within private streets or private parking lots will be maintained by SBMWD but shall be designed and constructed to City Standards and inspected under a City On- Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 29. Mapping a)A Final Tract Map based upon field survey will be required. b)The applicant‘s surveyor/engineer shall submit a Final Tract Map with supporting documents for review and approval to Land Development. The Final Tract map shall be recorded prior to building permit issuance. 30. Off-Site Street Improvement and Dedications a) For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan (Chapter 6) and Municipal Code (19.20.030-18-A,19.30.290, 19.30.300), 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 shall be Right of Way(ft.) From Centerline Curb Widening shall be Curb Line(ft) From Centerline Campus Parkway PRIVATE (265-011-06, 265-011-07 265-011-08, 265-021-13 265-041-12, 265-051-09 265-051-12, 265-051-13 265-061-16) 0’ Existing 30’ – 60’ Dedication/Road Easement for a total ½ width of 30’ – 60’ Total “Secondary Arterial” 0’ Existing 32’ – 64’ Proposed w/o Median 34’ – 68’ w/median for a total ½ width of 32’ – 64’ or 34’ – 68’ Total Per General Plan Secondary Road Badger Canyon Road PRIVATE (265-011-06, 265-011-07 265-011-08, 265-021-13 265-041-12, 265-051-09 265-051-12, 265-051-13 265-061-16) 0’ Existing 22’ - 44’ Dedication/Road Easement for a total ½ width of 22’ – 44’ “Collector Street” No Parking 0’ Existing 20’ - 40’ Proposed for a total ½ width of 20’ – 40’ Per General Plan ”No Parking” Continuous Streets (Main Loop Streets) A and C (PRIVATE) (265-011-06, 265-011-07 265-011-08, 265-021-13 265-041-12, 265-051-09 265-051-12, 265-051-13 265-061-16) 0’ Existing 30’ Dedication for a total ½ width of 30’ 60’ Total “Continuous Street” (Main Loop Streets) 0’ Existing 22’ – 44’ Proposed for a total ½ width of 22’ – 44’ Per General Plan Continuous Streets 0’ Existing 25’ – 50’ Dedication 0’ Existing 18’ -36’ Proposed Packet Page. 61 RESOLUTION NO. 2026-042 13 8 9 5 3 Any changes from private roads shall require streets to follow City General Plan standards. b) Campus Parkway– TI = 7.5 : * - ** i. The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index, or The City’s has a minimum standard for new streets (4” AC over 8” Base) except truck usage (9”AC over 12” Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used. ii. For transitioning from new curb alignment to existing edge of pavement outside project limits the edge shall be a deepened or thickened. Use Caltrans Design Manual or A Policy on Geometric Design of Highways and Streets for taper requirements. iii. Both sides of Campus Parkway Street shall be paved as indicated above, As directed by the City Engineer. iv. When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications. v. The corner shall be a 35’ Radius including a compliant ADA ramp with By-Pass and Truncated Domes. City of San Bernardino - Street Improvement Policy. vi. Installation of a bridge shall be determined by the reports and as directed by the City Engineer. vii.Construct 8" Curb and Gutter per City Standard No. 200, type “B”, As directed by the City Engineer. City of San Bernardino - Street Improvement Policy. viii. Construct 6’ wide Cross Gutter with Apron per City Standard No 201 City of San Bernardino - Street Improvement Policy. ix. Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb), as directed by the City Engineer. MC12.92.050, MC19.30.170, Ord. MC-1027, 9-09-98; Ord. MC-691, 12-19-89, City of San Bernardino - Street Improvement Policy. B, D, E, F, G, H, I, J, K, L, M, N, O, X, Y, Z PRIVATE (265-011-06, 265-011-07 265-011-08, 265-021-13 265-041-12, 265-051-09 265-051-12, 265-051-13 265-061-16) for a total ½ width of 25’ – 50’ Total “Continuous Street” (Neighborhood Local) Required 48” ADA By-pass for a total ½ width of 18’ – 36’ Per General Plan Cul-De-Sac Streets G, I, M, L PRIVATE (265-011-06, 265-011-07 265-011-08, 265-021-13 265-041-12, 265-051-09 265-051-12, 265-051-13 265-061-16) 0’ Existing 25’ Dedication for a total ½ width of 25’ “Cul-De-Sac” Required 48” ADA By-pass 0’ Existing 18’ Proposed for a total ½ width of 18’ Per General Plan Packet Page. 62 RESOLUTION NO. 2026-042 14 8 9 5 3 x. Construction of a median/fire lane on Campus Parkway shall be per City Standard 206. xi. Verify with planning about a Trial System, Include Horse Trail, Running Trail, connect to existing trials systems. xii. An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A, as directed by the City Engineer. Federal Highway – DIB82-04, City of San Bernardino - Street Improvement Policy. xiii. Install Dark Sky Solar LED Street Lights adjacent to the site in accordance with City Standards. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in the Offsite Improvement set in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. xiv. Install Storm Drain per County of San Bernardino’s CSDP (Comprehensive Storm Drain Plan), as directed by the City Engineer. xv.Install Class II Bike Lane per “Manual Uniform Traffic Control Devices - California”, as directed by the City Traffic Engineer, SBCTA (San Bernardino County Transportation Authority) Non-Motorized Transportation Plan rev. 2018. xvi. Install a city approved trash screen and filtration device in the catch basins, City of San Bernardino Phase I MS4 - Trash Provisions 13383 Order – 8-30-2017 by City Manager. xvii. Appropriate Permits from Fish and Game, Army Corp of Engineers, Regional Water, and any others shall be required if Badger Canyon and percolation Basins are determined to be a blue line stream. xviii. Appropriate Permits from County Flood Control, Municipal Water, Metro Water District and any others shall be required when adjacent, over, or under any of these Municipalities. xix. No Parking/Stopping will be allowed on Campus Parkway install signs per city standards. xx. 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. xxi. No Residential Driveway Access xxii. Install a Traffic barrier on the south side of Campus parkway in areas adjacent to the existing CSUSB facilities yard. xxiii. If a gate is constructed on Campus parkway, it shall be placed east of the future Campus Circle connection to allow free flow of traffic from Campus Parkway to CSUSB. Badger Canyon Road Secondary Access Street – TI = 7.5 : * - ** xxiv. The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index, or The City’s has a minimum standard for new streets (4” AC over 8” Base) except truck usage (9”AC over 12” Base); However, if Packet Page. 63 RESOLUTION NO. 2026-042 15 8 9 5 3 the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used. City of San Bernardino - Street Improvement Policy. xxx.Construct 8" Curb and Gutter per City Standard No. 200, type “B”, as directed by the City Engineer. City of San Bernardino - Street Improvement Policy. City of San Bernardino - Street Improvement Policy. Federal Highway – DIB82-04, City of San Bernardino - Street Improvement Policy. City of San Bernardino Phase I MS4 - Trash Provisions 13383 Order – 8-30-2017 by City Manager. Packet Page. 64 RESOLUTION NO. 2026-042 16 8 9 5 3 xl. Two Independent means of access 28’ wide paved and dedicated shall be provided to the project. Additional width may be required for drainage control and traffic safety. xli. 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. xlii. No Residential Driveway Access. Continuous (Main Loops Streets)/Continuous Streets (Neighborhood Local Streets) – TI = 5.5: xliii. The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index, or The City’s has a minimum standard for new streets (4” AC over 8” Base) except truck usage (9”AC over 12” Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used. xliv. When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications. xlv. The corner shall be a 35’ Radius including a compliant ADA ramp with By-Pass and Truncated Domes. City of San Bernardino - Street Improvement Policy. xlvi. Construct Residential Driveway Approach per City Standard No. 203, including an accessible by-pass around the top of the drive approach. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. On corner lots only one frontage may have a driveway. MC12.28.060, MC12-28-100, MC15.04.230, MC16.20.030, 19.24.060, MC19.30.200, Ord. MC-1027, 9-09-98; Ord. MC-460, 5-15-85; Ord. MC-320, 12-06-83; Ord. 3918, 2-25-80; Ord. 2519, 8-20-63; Ord. 1963, 11-18-52, Ord. MC-1531, 6-03-20, City of San Bernardino - Street Improvement Policy. xlvii. If public street, construct 8" Curb and Gutter per City Standard No. 200, type “B”. City of San Bernardino - Street Improvement Policy. If private street, 6” Curb and Gutter is allowed. xlviii. Construct 6’ wide Cross Gutter with Apron per City Standard No 201 City of San Bernardino - Street Improvement Policy. xlix. Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb), MC12.92.050, MC19.30.170, Ord. MC-1027, 9-09- 98; Ord. MC-691, 12-19-89, City of San Bernardino - Street Improvement Policy. l. Verify with planning about a Trial System, Include Horse Trail, Running Trail, connect to existing trials systems. li. An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. Federal Highway – DIB82-04, City of San Bernardino - Street Improvement Policy. Packet Page. 65 RESOLUTION NO. 2026-042 17 8 9 5 3 lii. Install Solar LED Street Lights adjacent to the site in accordance with City Standards. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in the Offsite Improvement set in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Supply one (1) additional head for each solar head installed, As Directed by the City Traffic Engineer. liii. Install Storm Drain per County of San Bernardino’s CSDP (Comprehensive Storm Drain Plan), as directed by the City Engineer. liv.Install type II Bike Lane per “Manual Uniform Traffic Control Devices - California”, as directed by the City Traffic Engineer, SBCTA (San Bernardino County Transportation Authority) Non-Motorized Transportation Plan rev. 2018. lv. Install a city approved trash screen and filtration device in the catch basins, City of San Bernardino Phase I MS4 - Trash Provisions 13383 Order – 8-30-2017 by City Manager. lvi. Appropriate Permits from County Flood Control, Municipal Water, Metro Water District and any others shall be required when adjacent, over, or under any of these Municipalities. lvii. 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. lviii. Driveway Access from one frontage only lix. B Street shall post signs to allow parking on one side of the street only for fire safety reason. Cul-De-Sac Streets – TI = 4.5 : * - ** lx. The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index, or The City’s has a minimum standard for new streets (4” AC over 8” Base) except truck usage (9”AC over 12” Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used. lxi. When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications. lxii. The corner shall be a 35’ Radius including a compliant ADA ramp with By-Pass and Truncated Domes. City of San Bernardino - Street Improvement Policy. lxiii. Construct “Cul-De-Sac” Per City Standard No. 101, or by the approval of the City Engineer. lxiv. Construct Residential Driveway Approach per City Standard No. 203, including an accessible by-pass around the top of the drive approach. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. On corner lots only one frontage may have a driveway. MC12.28.060, MC12-28-100, MC15.04.230, MC16.20.030, 19.24.060, MC19.30.200, Ord. MC-1027, 9-09-98; Ord. MC-460, 5-15-85; Ord. Packet Page. 66 RESOLUTION NO. 2026-042 18 8 9 5 3 MC-320, 12-06-83; Ord. 3918, 2-25-80; Ord. 2519, 8-20-63; Ord. 1963, 11-18-52, Ord. MC- 1531, 6-03-20, City of San Bernardino - Street Improvement Policy. lxv. If public street, construct 8" Curb and Gutter per City Standard No. 200, type “B”. City of San Bernardino - Street Improvement Policy. If private street, construct 6” Curb and Gutter is allowed. lxvi. Construct 6’ wide Cross Gutter with Apron per City Standard No 201 City of San Bernardino - Street Improvement Policy. lxvii. Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb), MC12.92.050, MC19.30.170, Ord. MC-1027, 9-09- 98; Ord. MC-691, 12-19-89, City of San Bernardino - Street Improvement Policy. lxviii. Verify with planning about a Trial System, Include Horse Trail, Running Trail, connect to existing trials systems. lxix. An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. Federal Highway – DIB82-04, City of San Bernardino - Street Improvement Policy. lxx. Install Solar LED Street Lights adjacent to the site in accordance with City Standards. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in the Offsite Improvement set in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Supply one (1) additional head for each solar head installed, As Directed by the City Traffic Engineer. lxxi. Install Storm Drain per County of San Bernardino’s CSDP (Comprehensive Storm Drain Plan), as directed by the City Engineer. lxxii. Install a city approved trash screen and filtration device in the catch basins, City of San Bernardino Phase I MS4 - Trash Provisions 13383 Order – 8-30-2017 by City Manager. lxxiii. 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. lxxiv. Driveway Access from one frontage only. * 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. ** If 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). c) With Submittal of improvement plans including but not limited to grading plans, Street improvement plans, storm drain and retention/detention basin plans, and erosion/sediment control plans. Packet Page. 67 RESOLUTION NO. 2026-042 19 8 9 5 3 The Applicant shall cause to be formed, or shall be annexed into an existing, Community Facilities District(s) (CFD) (2019-1 Maintenance if Public & 2018-1 Safety) for landscaping, lighting, streets, drainage facilities, street sweeping, graffiti removal, or other infrastructure, and safety as required by the City to the satisfaction of the City Engineer. If Public, The Applicant shall initiate the maintenance and benefit assessment district(s) formation, or annexation, by submitting a landowner petition and consent form (provided by the City) and deposited necessary fees concurrent with the application for street and grading plan review and approval; and said maintenance and benefit assessment district(s) shall be established concurrent with the approval of the final map in the case of the subdivision of land, or prior issuance of any certificate of occupancy where there is no subdivision of land, and as approved by the City Engineer. Reso 2018-264, Reso 2019-178. d) If a drainage report is required by Land Development, 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. e) City approved trash screens and filtration devices shall be installed in all catch basins or manhole connections. City of San Bernardino Phase I MS4 - Trash Provisions 13383 Order – 8-30-2017 by City Manager. f) 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. g) Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. h) The applicant must post a performance bond (Insurance, Deposit) prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. MC12.03.110, Ord. MC-1027, 9-09-98; Ord. MC-1004, 10-21-97. i) The above conditions shall comply with current codes, policies, and standards at time of construction. j) No Direct Connections to City’s underground Storm Drain Systems or Catch Basins. k) Prior to Certificate of Occupancy or Completion of Project all As-builts and Centerline Ties shall be submitted to Public Works. l) Release of “Offsite Bond” requires an application and fees paid along with As-Builts signed by the Contractor and Inspector on a signed approved set of plans issued with permits, Centerline ties for all locations disturbed or created, and an electronic set of as-builts plans. Packet Page. 68 RESOLUTION NO. 2026-042 20 8 9 5 3 31. Required Engineering Plans a) A complete submittal for plan checking shall consist of (MC19.30.170, City of San Bernardino Public Works - Improvement Policies): street improvement plans (include general notes, engineering conditions, city standards, and cross sections in these plans), if storm drain plans are required then public storm drains must be included on separate sheets with profiles in the street improvement plans, private storm drains shall be shown separate sheets with profiles in the on-site improvement plans, if traffic signal modifications are required, then traffic signal plans shall be submitted on separate plan sheets included in the street improvement plans, if signing and striping are required, then the signing and striping plan shall be on separate sheets included in the street improvement plans, if lighting is required (more than 2) then the lighting for offsite plans shall be on separate sheets included in the street improvement plans, if two (2) or less then they can be included directly on the street improvement sheets, If there are public common areas, 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) All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block (city standard block) satisfactory to the City Engineer or his designee can be found on the City Web Site http://www.sbcity.org/city_hall/public_works/engineering_division/engineering_deve lopment_resources Engineering conditions of the project shall be inserted in the last pages of the plans. c) After completion of plan checking, final mylar drawings with city standard block, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. d) 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. e) Copies of the City’s 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/city_hall/public_works/engineering_division/design_policy_an d_procedure_documents. Packet Page. 69 RESOLUTION NO. 2026-042 21 8 9 5 3 32. Traffic Requirements a) In general, as applicable, all roadway design, traffic signing and striping, traffic signal, street lighting, sidewalks and traffic control improvements relating to the proposed project should be constructed in accordance with applicable engineering standards and to the satisfaction of the City of San Bernardino Traffic Engineering Division. b) In conjunction with standard City of San Bernardino development review procedures, on‐site traffic signing, and striping plans should be prepared in accordance with applicable State and Federal standards. c) The final grading, landscaping, and street improvement plans should demonstrate that sight distance standards are met in accordance with applicable City of San Bernardino /California Department of Transportation sight distance standards. d) Payment of applicable of local and regional development impact fees shall be paid to the City of San Bernardino. e) The developer will submit engineered plans for the improvements for University Parkway at Northpark Boulevard: Add a second northbound left-turn lane. f) Prior to submission of the offsite improvement plans, the developer will prepare a Traffic signal warrant analysis study for the intersection of Campus Parkway and Devils Canyon Road. Public Works Department – Integrated Waste Division 33. Integrated Solid 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) Project Description: Amend the development plan for the University Hills Specific Plan c) Burrtec Waste review: Construct a 437-unit small lot residential subdivision with a minimum parcel size of 2,750 square feet. The Site Plan dated 8/19/22, presents a preliminary design for a subdivision. Lots front a series of looped streets and cul-de- sacs. No dimensions are provided. Burrtec comments are as follows: 1. Please provide dimensions for all streets and cul-de-sacs. In order to safely provide residential cart service, all streets must have a paved section of at least 30 feet. 2. All cul-de-sacs must meet City of San Bernardino standards for cul-de-sac radii. 3. Residential collection services require a minimum of ten feet of curb frontage in order to stage the three carts for trash, mixed recyclables, and residential organics. 4. Carts shall not be staged in driveways or in front of garages. Carts cannot be staged in front of parked carts on the street. 5. In the event that cart service cannot be provided due to a lack of available curb face for cart staging, the locations of trash enclosures shall be provided on the Site Plan. Enclosures must be within 150 feet of any residential unit. Packet Page. 70 RESOLUTION NO. 2026-042 22 8 9 5 3 Any changes to the overall project design, enclosure specifications or location, or access may adversely impact Burrtec's ability to service the project. Any design modifications that could impact Burrtec's service will be subject to review and approval by Burrtec. Packet Page. 71 RESOLUTION NO. 2026-042 23 8 9 5 3 34. Required Engineering Permits a) Grading and On-site improvements permit (LD). b) WQMP/Hydrology (THR). c) Lot Merger (LM). d) Off-site improvement construction permit. (E). e) Traffic Control and Right-of-Way permit (ROW). f) CFD/Street Dedication permit (RP). 35. Applicable Engineering Fees a) 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. The amount of the fee is subject to adjustment at time of issuance. b) The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org or http://www.ci.san- bernardino.ca.us/cityhall/publicworks/engineering_division/engineering_fee_schedul e.asp 36. Water Department-Engineering a) If there are any street improvements associated with the project then it is the developer/s and/or engineer/s responsibility to submit a copy of the street improvements plans to SBMWD’S engineering section for review. b) -Water and sewer main extensions with easements may be required. c) -Water and sewer main extensions required per rule and regulation no. 20. d) -Development of new pressure zone required to meet water demand. e) R.P.P. Backflow Device Required at Service Connection for Domestic Service. f) Double Check Backflow Device Required at Service Connection for Fire and Irrigation. g) Backflow Device to be Inspected before Water Service can be Activated. h) Sewer capacity fee must be 0 gallons a day paid to the Water Department. i) Subject to Recalculation of Fee prior to the Issuance of Building Permit. 37. Water Department Environmental Control a) No comments until the development of the residential units. San Bernardino County Fire Department Consolidated Conditions of Approval 38. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein “Fire Department”. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable statutes, codes, ordinances, and standards of the Fire Department. 39. The FMZ report as included in University Hills Specific Plan dated May 2024 has been approved as submitted. A copy of this approved report shall be kept onsite in the HOA Office to reference FMZ areas for future yearly inspections. Packet Page. 72 RESOLUTION NO. 2026-042 24 8 9 5 3 Building permits shall not be issued for this project until all fuel modifications are completed by contractor and inspected by the San Bernardino County Fire Protection District, Office of the Fire Marshal. 40. The required fire fees shall be paid to the San Bernardino County Fire Department/Community Safety Division. 41. Prior to combustibles being placed on the project site an approved all-weather fire apparatus access surface and operable fire hydrants with acceptable fire flow shall be installed. The topcoat of asphalt does not have to be installed until final inspection and occupancy. 42. Building plans shall be submitted to the Fire Department for review and approval. 43. The development shall have a minimum of three points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. b. Multi-Story Road Access Width. Fire apparatus access roadways serving buildings that are three (3) or more stories or thirty (30) feet or more in height shall be a minimum of thirty (30) feet in unobstructed width and vertically to fourteen (14) feet six (6) inches in height. One of the access points shall be an EVA located on the north west corner of the tract as shown on approved TTM. 44. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Road surface shall meet the approval of the Fire Chief prior to installation. All roads shall be designed to 85% compaction and/or paving and hold the weight of Fire apparatus at a minimum of 80K pounds. 45. Turnaround. An approved turnaround shall be provided at the end of each roadway one hundred and fifty (150) feet or more in length. Cul-de-sac length shall not exceed six hundred (600) feet; all roadways shall not exceed a 12% grade and have a minimum of forty-five (45) foot radius for all turns. In the Fire Safety Overlay District areas, there are additional requirements. 46. Prior to building permits being issued to any new structure, the primary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance and turnouts. 47. Prior to building permits being issued to any new structure, the secondary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance and turnouts. 48. A water system approved by the Fire Department is required. The system shall be operational prior to any combustibles being stored on the site. Detached single family residential developments may increase the spacing between hydrants to be no more than six hundred (600) feet and no more than three hundred (300) feet Packet Page. 73 RESOLUTION NO. 2026-042 25 8 9 5 3 (as measured along vehicular travel-ways) from the driveway on the address side of the proposed single-family structure. 49. Please provide a fire flow test report from your water purveyor that has been completed in the last six months demonstrating that the fire flow demand is satisfied. 50. Prior to any land disturbance, the water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using California Fire Code. The Fire Flow for this project shall be: 2250 GPM for a two-hour duration at 20 psi residual operating pressure. Fire Flow is based on a 6700 sqrft. structure. 51. A water system approved by the Fire Department is required. The system shall be operational prior to any combustibles being stored on the site. Detached single family residential developments may increase the spacing between hydrants to be no more than six hundred (600) feet and no more than three hundred (300) feet (as measured along vehicular travel-ways) from the driveway on the address side of the proposed single-family structure. 52. Combustible vegetation shall be removed as follows: a. Where the average slope of the site is less than 15% -Combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less. b. Where the average slope of the site is 15% or greater - Combustible vegetation shall be removed a minimum one hundred (100) feet from all structures or to the property line, whichever is less. 53. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. The "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan. 54. This project is required to have an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street corner to the project. Installation of the temporary sign shall be prior any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed. 55. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road. 56. An automatic fire sprinkler system complying with NFPA Pamphlet #13, and the Fire Department standards is required. The applicant shall hire a Fire Department approved fire sprinkler contractor. The fire sprinkler contractor shall submit plans to the with hydraulic calculation and manufacturers specification sheets to the Fire Department for approval and approval. The contractor shall submit plans showing type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal. Packet Page. 74 RESOLUTION NO. 2026-042 26 8 9 5 3 57. The street address shall be installed on the building with numbers that are a minimum of four (4) inches in height and with a one half (½) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source. Numbers shall contrast with their background and be legible from the street. Where the building is one hundred (100) feet or more from the roadway, the street address shall be displayed at the property entrances with numbers that are a minimum of four (4) inches in height and one half (½) inch stroke. 58. Where an automatic electric security gate is used, an approved Fire Department override switch (Knox ®) is required. 59. An approved spark arrestor is required. Every chimney that is used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel are used, shall have an approved spark arrestor visible from the ground that is maintained in conformance with the California Fire Code. 60. Permission to occupy or use the building (certificate of Occupancy or shell release) will not be granted until the Fire Department inspects, approves, and signs off on the Building and Safety job card for “fire final”. 61. Fire Condition Letters shall expire on the date determined by the Planning Division or Building and Safety. 62. The County General Plan designates this property as being within the Fire Safety Review Area. All construction shall adhere to all applicable standards and requirements of the Fire Safety Review Area as adopted in the San Bernardino County Development Code. 63. A Fuel Modification Zone (FMZ) plan designed specifically for the subject project is required and shall be designed by a consultant approved by the Fire Department. The FMZ plan shall be submitted to the Fire Department for review and approval in compliance with County standards. 64. The applicant shall construct and maintain all such roads. In addition, the applicant shall provide to the Fire Department a signed maintenance agreement as detailed in the General Requirement conditions for ongoing road maintenance and snow removal (where applicable). This shall include all primary and secondary access routes that are not otherwise maintained by a public agency. 65. Where the natural grade between the access road and building is more than thirty percent (30%), an access road shall be provided within one hundred and fifty (150) feet of all buildings. Where such access cannot be provided, a fire protection system shall be installed. Plans shall be submitted to and approved by the Fire Department. 66. Fire access roadways shall not exceed a maximum of twelve (12%) percent grade at any point. Fire access roadways or driveways may be increased to fourteen (14%) percent grade for a distance not to exceed five hundred (500) feet. Packet Page. 75 RESOLUTION NO. 2026-042 27 8 9 5 3 Fire access roadways providing access to no more than two (2) one or two-family dwellings may be increased to a maximum of sixteen (16%) percent grade not to exceed five hundred (500) feet. Grades across the width of a fire access roadway shall not exceed five (5%) percent. 67. In order to accommodate proper angles of approach and departure, gradient shall not exceed five (5%) percent change along any ten (10) foot section. 68. Roadways exceeding one hundred fifty (150) feet in length shall be approved by the Fire Department. Roadways shall be extended to within one hundred fifty (150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building. 69. Each residential structure shall obtain a Residential Fire Letter form the County of San Bernardino County Fire protection District prior to any construction. 70. Any changes to the proposal shall require new Fire Department review and Condition Letter. SECTION 6.The documents and materials associated with this Resolution 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 7.Notice of Determination: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Determination with the County Clerk of the Board of Supervisors of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 8.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 9. 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 _________, 2026. Helen Tran, Mayor Packet Page. 76 RESOLUTION NO. 2026-042 28 8 9 5 3 City of San Bernardino Packet Page. 77 RESOLUTION NO. 2026-042 29 8 9 5 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-___, adopted at a regular meeting held at the ___ day of _________, 2026 by the following vote: SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2026. Telicia Lopez, CMC, City Clerk Packet Page. 78 7 1 TITLE SHEET TTM 20595 UNIVERSITY HILLS SHEET LIST TABLE TENTATIVE TRACT MAP NO. 20595 FOR UNIVERSITY HILLS CITY OF SAN BERNARDINO OFFICIAL USE ONLY LEGEND: ABBREVIATIONS: RAW GRADING: Packet Page. 79 7 2 BOUNDARY & LEGAL TTM 20595 UNIVERSITY HILLS PROPOSED LOT LINE TABLE Packet Page. 80 7 3 LOT LAYOUT & GRADING TTM 20595 UNIVERSITY HILLS LEGEND PROPOSED AC PAVEMENT NOTE SEE SHEET 4 SE E S H E E T 5 NEIGHBORHOOD LOCAL STREETS B, D, E, F, G, H, I, J, K, L, M, N, O, X, Y, AND Z SECONDARY COLLECTOR STREETS A & C PRIMARY COLLECTOR CAMPUS PARKWAY 1 2 3 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7677787980818283 868788899091 92 9394 95 969798 110112 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 155156157158161162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 319 320 321 322 323 325 326 99100101 102103104105107108109 255 33 16 4 74 75 327 STREET H STREET F STREET B STREET B STREET G ST R E E T A ST R E E T A STREET H ST R E E T J ST R E E T D APN: 0265-021-13 AP N : 0 2 6 5 - 0 3 1 - 2 4 ST R E E T Y 113 32 8485 106111 159 324 LOT B OPEN SPACE LOT C PARK LOT D PARK LOT F OPEN SPACE DESIGNATED REMAINDER LOT I OPEN SPACE DESIGNATED REMAINDER 160 Packet Page. 81 7 4 LOT LAYOUT & GRADING TTM 20595 UNIVERSITY HILLS LEGEND PROPOSED AC PAVEMENT SEE SHEET 3 SE E S H E E T 5 NOTE SE E S H E E T 7 SEE SH E E T 7 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 202 203 204 205 206 283 288 295 296 297 207 208209210211 212 213 214 215 216 217 218 219 220 221 305 306 308 309 310 311 313 314 316 317 318 319 320 321 222 223 225 227 229 230 232 233 234 236 237 238 241 242 243 244 245 246 247 248 249 252 253 254 255 256 257 258 259 261 264 266 274 273 272 271 270 269 268 267 275 276 277 278 279 281 282 239 240 250 251 262 284 285 286 287 289290291292293 294 298 299 300 302 303 304 STREET N STREET M STREET H ST R E E T A ST R E E T A STREET C STREE T C STREET H ST R E E T O STRE E T L STREET I ST R E E T J ST R E E T J AP N : 0 2 6 5 - 0 3 1 - 2 5 ST R E E T X ST R E E T Z STREET L APN: 0265-041-15 PR O P . C A M P U S PA R K W A Y LOT A OPEN SPACE BASIN CA N Y O N R D . PROP O S E D B A D G E R C A N Y O N A C C E S S R O A D BA D G E R 224 235231228260 263 265 280 301 307 315 312 LOT H OPEN SP A C E LOT H LOT G OPEN S P A C E Packet Page. 82 7 5 LOT LAYOUT & GRADING TTM 20595 UNIVERSITY HILLS SE E S H E E T 3 LEGEND PROPOSED AC PAVEMENT NOTE SEE BOTTOM RIGHT SEE TOP LEFT SE E S H E E T 4 35 36 37 38 39 40 41 42 43 44 45 46 50 515253545556575859606162 68 6970 7172 76 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 154 188 189 190 191 192 193 195 196 197 198 199 200 201 202 203 204 205 206 220 221 222 223 225 226 241 242 243 253 239 240 33 34 47 48 152 153 49 63 74 75 STREET F STREET B STREE T C STR E E T C STR E E T H ST R E E T O STRE E T L ST R E E T E ST R E E T C ST R E E T K APN: 0265-021-13 APN: 0265-041-15 151 32 64656667 73 194 224 LOT E PARK LOT G OPE N S P A C E LO T G OP E N S P A C E LOT H LOT F OPEN SPACE REMAINDER LOT I OPEN SPACE DESIGNATED REMAINDER LOT I OPEN SPACE DESIGNATED REMAINDER Packet Page. 83 7 6 ACCESS ROADS TTM 20595 UNIVERSITY HILLS LEGEND PROPOSED AC PAVEMENT NOTE STA 45+50 ± TO STA 53+00 ±STA 10+00.00 TO STA 45+50 ± BADGER CANYON ACCESS ROADBADGER CANYON ACCESS ROAD SE E S H E E T 7 SE E S H E E T 7 PROPOSED CAMPUS PARKWAY ACCESS ROAD EXISTING CAMPUS PARKWAY PROPOSED BADGER CANYON A C C E S S R O A D PROP O S E D B A D G E R C A N Y O N A C C E S S R O A D EX. U N I V E R S I T Y C A M P U S C I R C L E STATE OF CALIFORNIA PROPERTY SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT PROPERTY Packet Page. 84 7 7 ACCESS ROADS TTM 20595 UNIVERSITY HILLS LEGEND PROPOSED AC PAVEMENT NOTE SE E S H E E T 6 SE E S H E E T 6 STREET C APN: 0265 - 0 4 1 - 1 5 PR O P . C A M P U S PA R K W A Y LOT AOPEN SPA C E BASIN PROPOSED CAMPUS PARKWAY ACCESS ROAD PROPOSE D B A D G E R C A N Y O N A C C E S S R O A D LOT G OPEN SPACE STATE OF CALIFORNIA PROPERTY Packet Page. 85 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-1 October 2025 MITIGATION MONITORING AND REPORTING PROGRAM Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials Air Quality and Greenhouse Gas Emissions MM AIR-1a: Prior to construction of the proposed improvements, the project proponent will provide a Fugitive Dust Control Plan (FDCP) that will describe the application of standard best management practices to control dust during construction. Best management practices will include: •Application of water on disturbed soils a minimum of two times per day. •Using track-out prevention devices at construction site access points. •Stabilizing construction area exit points. •Limiting onsite construction traffic to 15 miles per hour on unpaved roads. •Limiting onsite construction traffic to 25 miles per hour on paved roads. •Paving or providing a hard surface for onsite roads to reduce fugitive dust. •Covering dirt haul vehicles; and •Replanting disturbed areas as soon as practical and other measures, as deemed appropriate to the site, to control fugitive dust. The Fugitive Dust Control Plan shall be submitted to the City for review and approval prior to grading. Prior to Construction and Grading Activities Provide a Fugitive Dust Control Plan City of San Bernardino Community Development & Housing Department MM AIR-1b: Prior to construction of the proposed improvements, a Construction Traffic Control Plan (CTCP) will be reviewed and approved by the City. CTCP will describe in detail safe detours around the project construction site and provide temporary traffic control (i.e., flag person) during construction-related truck hauling activities. Prior to Construction Activities Provide Construction Traffic Control Plan (CTCP) City of San Bernardino Community Development & Housing Department Packet Page. 86 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-2 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials MM AIR-1c: During construction of the proposed improvements, construction equipment shall be properly maintained at an offsite location, including proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on-site during construction. During Construction and Grading Activities Construction Equipment to occur at an offsite location. City of San Bernardino Community Development & Housing Department MM AIR-1d: During construction of the proposed improvements, all contractors will be advised not to idle construction equipment on the site for more than five minutes. During Construction and Grading Activities Construction equipment to not idle for longer than five minutes. City of San Bernardino Community Development & Housing Department MM AIR-1e: During construction of the proposed improvements, onsite electrical hook ups shall be provided for electric construction tools including saws, drills and compressors, to eliminate the need for diesel powered electric generators. During Construction Activities Provide Electrical Hook ups City of San Bernardino Community Development & Housing Department MM AIR-1f: Onsite grading equipment will comply with one or more of the following: •Use of onsite grading and construction equipment equipped with oxidized diesel catalyst and fueled with aqueous diesel fuel during grading and construction operations with a reduced equipment fleet or hours of operation totaling a maximum of 17,000 horsepower hours per day. •Use of onsite grading and construction equipment equipped with oxidized diesel catalyst with a reduced equipment fleet or hours of operation totaling a maximum of 14,000 horsepower hours per day. •Use of onsite grading and construction equipment fueled with aqueous diesel fuel during grading and construction operations During Grading Activities Onsite Grading Equipment to Comply with Grading Equipment standards City of San Bernardino Community Development & Housing Department Packet Page. 87 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-3 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials with a reduced equipment fleet or hours of operation totaling a maximum of 13,000 horsepower hours per day; and •Reduce the grading and construction equipment fleet or hours of operation to a maximum total of 10,000 horsepower hours per day. MM AIR-1g: Implementation of the Short-Term Air Quality Mitigation Measures shall be documented in an Air Quality Mitigation Implementation Plan. This plan will detail each mitigation measure and include daily logs documenting implementation of each mitigation measure. Daily logs for each piece of construction equipment will include the hours per day the equipment ran. A master daily log will document the hours of operation all equipment ran each day. The master daily log will also document timing and tuning of equipment, the type of fuel used on construction equipment, and any add-on emissions reduction equipment used such as oxidized diesel catalysts. During Construction Activities Document the Hours of Operation of All Equipment Ran Each Day City of San Bernardino Community Development & Housing Department MM AIR-3a: The project proponent shall install bicycle racks at the clubhouse, MDA and A (attached) housing areas (Planning Areas 6, 8-11, 13, 14, 16, 18, and 20), and all park sites to encourage non- vehicular trips within the project. During Construction Activities Install Bicycle Racks at Housing Areas and Park City of San Bernardino Community Development & Housing Department MM AIR-3b: The project design shall include signs posted in visible places in any truck parking areas that state, “No Idling.” During Construction and Operational Activities Install Signs On Visible Places in Any Truck Parking Areas that State, “No Idling.” City of San Bernardino Community Development & Housing Department MM AIR-9a: Areas and/or facilities to encourage recycling shall be provided and installed in all MDA and A (attached) residential areas consistent with City requirements. During Operational Activities Encourage Recycling City of San Bernardino Community Development & ------------------------------------------ ---------------------------------------- — Packet Page. 88 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-4 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials Housing Department MM AIR-9b: To increase energy efficiency, the following measures shall be implemented to the satisfaction of the City of San Bernardino: a) there shall be a minimum 10 percent reduction in all buildings, combined space heating, cooling, and water heating energy compared to the current Title 24 Standards; b) the project shall incorporate light roof colors and cool pavements in the residential driveway areas; c) each appliance (i.e., washer/dryers, refrigerators, stoves, etc.) provided by the builder must be Energy Star qualified if an Energy Star designation is applicable for that appliance; d) low-flow appliances (i.e., toilets, dishwashers, shower heads, washing machines) shall be installed and; e) solar powered water heaters and photovoltaic cells (solar panels) shall be offered to homebuyers as an option constructed in accordance with Title 24 performance standards. During Operational Activities Encourage Energy Saving City of San Bernardino Community Development & Housing Department Biological Resources MM BIO-1a: Plummer’s Mariposa Lily. During the spring prior to grading, the developer shall retain a qualified biologist to conduct a focused survey of the proposed development areas to determine if this species is present onsite. The survey shall be conducted according to the standard protocol established by CDFGCDFW. If the species is present, the developer shall fund relocation of the plants to a suitable location within the permanent open space area. Prior to Project- Related Disturbance of Soils (14 days) Prior to Grading Activities, Prepare a Focused Survey Qualified Biologist MM BIO-1b: Burrowing Owl. Within 30 days of grading or any ground disturbance activities on the project site, a qualified biologist shall conduct a focused survey to determine if Burrowing owls are present onsite. The survey shall be conducted according to the Standard protocol established by CDFGCDFW. If burrowing owls are determined to be present on the site, mitigation shall follow the CDFGCDFW guidelines including passive relocation. the developer shall coordinate with the City and CDFW to develop a Burrowing Owl Plan, as described below, to be approved by the City and CDFW prior to commencing project activities. Additionally, the developer may be Prior to Project- Related Disturbance of Soils (within 30 days of grading) Prior to Grading Activities, Conduct a Focused Survey Qualified Biologist • ■— -- -- Packet Page. 89 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-5 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials required to obtain a Section 2081 incidental Take Permit, if impacts to Burrowing Owl cannot be avoided. The developer shall implement the 2081 Incidental Take Permit if required. If applicable, the Burrowing Owl Plan shall describe proposed avoidance, relocation, monitoring, minimization, and/or mitigation actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites and details on proposed buffers if avoiding the burrowing owls or information on the adjacent or nearby suitable habitat available nearby for relocation, details regarding the creation and funding of artificial burrows (numbers, location, and type of burrows) and management activities for relocated owls shall also be included in the Burrowing Owl Plan. The City shall implement the Burrowing Owl Plan following CDFW review and approval. If vegetation removal or ground disturbance begins within 30 days of the focused survey, no pre-construction survey would be required. If vegetation removal or ground disturbance activities begin after 30 days of the focused survey, a subsequent pre-construction survey would be required. MM BIO-1c: Nesting Birds. If trees or large shrubs (over 4 feet in height) will be removed during the nesting season (February 1 through August 31), a qualified biologist shall conduct a nesting bird survey no more than 30 days prior to any disturbance to identify any potential nesting activity. If passerine birds are found to be nesting, or there is evidence of nesting behavior within 250 feet of the impact area, the biologist shall determine an appropriate buffer that shall be required around the nests. No vegetation removal or ground disturbance would occur within this buffer. For raptor species – birds of prey (e.g., hawks and owls) – this buffer would generally be 500 feet. A qualified biologist shall monitor the nests closely until it is determined that the nests are no longer active, at which time construction activities may commence within the buffer area. Construction activity may encroach into the buffer area at the discretion of the biological monitor. Prior to Project- Related Disturbance of Soils Nesting Bird Survey Qualified Biologist Packet Page. 90 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-6 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials MM BIO-3a: Jurisdictional Land. Prior to grading, the developer shall obtain a Clean Water Act Section 404 Permit from USACE, a Clean Water Act Section 401 Certification from the RWQCB (Santa Ana Region), and a Streambed Alteration Agreement from CDFG CDFW if jurisdictional land will be impacted. Offsite mitigation, if necessary, shall be provided at a minimum 1:1 ratio depending on location and importance of the jurisdictional land removed. If the project provides onsite mitigation equal or in excess of its identified impact (i.e., removal of jurisdictional land), no permits maybe necessary. If there are impacts there will be a permit needed regardless of mitigation type, this determination shall be made by qualified biologists in consultation with City Planning, USACE, RWQCB, and CDFG CDFW staff based on the final land plan and value assigned to the proposed bio-swales and other drainage improvements onsite. To further protect and offset removal of suitable habitat through the preservation of open space and preserve water quality through the implementation of standard Best Management Practices (BMPs): •Clearly delineating the limits of disturbance. •Avoiding impacts in preserved open space area. •Preserving of open space through a deed restriction. Using properly maintained equipment and storing equipment outside of jurisdictional waters. •Properly implementing and monitoring water quality BMPs. •Avoiding use of chemicals near sensitive areas. •Minimizing impacts to sensitive biological resources onsite including sensitive plant communities, jurisdictional waters, and sensitive wildlife species through the use of a biological monitor during vegetation removal. •Implementing a worker education program through a pre- construction meeting with a biologist, which will include developing procedures for minimizing the likelihood of spills, ensuring worker safety, education regarding nesting birds and sensitive species, surveying for sensitive species prior to construction, and obtaining any necessary permits prior to Prior to Grading Activities Obtain Section 404 Permit, Section 401 Certification, and Streambed Alteration Agreement Qualified Biologist and City of San Bernardino Community Development & Housing Department — Packet Page. 91 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-7 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials initiation of construction, including those listed in this mitigation, State ESA permits, and/or Federal ESA permits. •Crotch’s bumble bee (Bombus crotchii) is listed as a candidate species under the California Endangered Species Act. According to CDFW, the Project site is within the geographic range for Crotch’s bumble bee. Additionally, the Streambed Alteration Agreement would require avoidance, minimization and/or mitigation measures to protect fish and wildlife and their habitat. Therefore, to minimize impacts to Crotch’s bumble bee from the Project, a qualified biologist shall conduct focused surveys within one year prior to vegetation removal and/or grading for the presence/absence of Crotch’s bumble bee. Surveys shall be conducted during flying season when species is most likely to be detected above ground, between March 1 to September 1, by an approved qualified biologist, familiar with Crotch’s bumble bee behavior and live history. Surveys shall be conducted within the Project site and areas adjacent to the Project site where suitable habitat exists. Survey results including negative findings shall be submitted to CDFW 30 days prior to Project-related vegetation removal and/or ground- disturbing activities. If the species is identified onsite, and if “take” would occur, the developer shall apply for an incidental take permit and obtain “take” coverage prior to the initiation of Project activities. Cultural Resources MM CUL-2: The developer shall retain a qualified archaeologist with at least 3 years of regional experience in archaeology to monitor all ground-disturbing activities that occur within the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work), grading to the satisfaction of the staff of the County Museum, and City Development & Housing Department, and Prior to Ground Disturbing Activities Direct Observations, Site Inspections Qualified Archaeologist — ------- — Packet Page. 92 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-8 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials the consulting tribes, including Yuhaaviatam of San Manuel Nation Cultural Resources Management Department (YSMN, also known as San Manuel Band of Mission Indians). A sufficient number of archaeological monitors shall be present each workday to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage. MM CUL-3: If potentially significant archaeological or historic resources are encountered during subsurface activities, all construction within a 60 100-foot radius of the find shall cease until the monitor determines whether the resource requires further study. The developer shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Any previously undiscovered resources found during construction shall be recorded on appropriate DPR forms and evaluated for significance in terms of CEQA criteria by a qualified Secretary of the Interior (SOI) Archaeologist. Potentially significant cultural resources consist of, but are not limited to, glass, ceramics, stone, bone, wood, rock and shell artifacts or features, including hearths, structural remains, or pre-historic dumpsites. If the resource is determined to be significant under CEQA, a qualified SOI Archaeologist shall prepare and implement a research design and archaeological data recovery plan, if necessary. The archaeologist shall also perform appropriate technical analyses, prepare a full written report and file it with the appropriate information center, and provide for permanent curation of the recovered resources. During Ground Disturbing Activities Site Monitoring Qualified SOI Archaeologist MM CUL-4: Prior to the start of excavation, a qualified paleontological monitor will be retained to conduct an onsite monitoring program to ensure protection of previously unknown paleontological specimens. In the event a fossil is discovered during construction of the Project when the paleontological monitor is not present, excavation within 100 feet of the find shall be temporarily halted until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The developer shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this Prior to Grading/Excavation Activities Site Monitoring Qualified Paleontological Monitor — — Packet Page. 93 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-9 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials requirement. The paleontologist shall notify the City of the procedures that must be followed before construction is allowed to resume at the location of the find. If the find is determined to be significant and the Paleontologist determines that avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards. The plan shall be submitted to the City for review and approval. Upon approval, the plan shall be incorporated into the project. The Paleontologist shall also perform appropriate technical analyses, prepare a full written report and file it with the appropriate information center, and provide for permanent curation of any recovered resources. MM CUL-5: If human remains are encountered during earth- disturbing activities for the Project, all work within 100 feet of the find shall stop immediately, an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed, and the San Bernardino County Coroner’s office shall be notified. If the Coroner determines the remains are Native American in origin, the NAHC will be notified and, in turn, will notify the person determined to be the Most Likely Descendent (MLD). The MLD will provide recommendations for treatment of the remains (CEQA Guidelines § 15064.5; Health and Safety Code § 7050.5; Public Resources Code §§ 5097.94 and 5097.98). Ongoing Throughout Construction Activities Site Monitoring Qualified Archaeologist Geology and Soils MM GEO-1b: Prior to the recordation of any tract map in the area north of the South Branch of the San Andreas Fault (PlanningArea15), the developer must demonstrate that the Reservoir in Planning Area 2 will have no impact on any homes in Planning Area 1 from a seiche event that could occur from strong seismic ground shaking. The Reservoir must be designed to withstand anticipated seismic shaking and must be dyked or otherwise protected so as to protect downstream homes from seiche flow damage. Prior to the recordation of any map in the area north of the South Branch of the San Andreas Fault. Direct Observations, Site Inspections City of San Bernardino Community Development & Housing Department MM GEO-3a: Prior to the commencement of grading activities, the applicant shall retain a qualified geotechnical consultant to test any Prior to Grading Activities Direct Observations, Site Inspections City of San Bernardino — — Packet Page. 94 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-10 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials areas planned for development that are underlain by existing imported fill soils to determine their in-situ compaction and suitability for excavation and reuse as engineered fill. Soil testing can be avoided if the applicant elects to remove the fill and place it either in areas where it will not support buildings, be located in paved or landscaped areas, or be disposed of offsite. This measure shall be implemented to the satisfaction of the City Geologist. Community Development & Housing Department MM GEO-3b: The developer shall implement the grading recommendations identified in the 2021 Leighton Report GeoMat 2007 and the CHJ 2006 reports. Prior to the commencement of building construction, the applicant shall retain a qualified engineer to design foundations adequate to support the Project’s structures where necessary, based on the recommendations of the 2021 Leighton ReportGeoMat 2007 study. Settlement analysis shall be performed once the structural design loads and foundation system geometry have been defied for each building. Prior to Issuance of Building Permit Direct Observation of Grading and Foundation Designs City of San Bernardino Community Development & Housing Department Hazards and Hazardous Materials MM HAZ-1: Prior to issuance of occupancy permits, the developer shall prepare a Post-Fire/Flood Recovery Plan for review and approval by the City. As appropriate, this plan shall incorporate planning guidelines from the Alluvial Fan Task Force (AFTF) established by the California Department of Water Resources (DWR). The plan will identify the potential risks to Project residents from various natural hazards from being located in the fire-prone foothills and adjacent to a large natural waterway (Badger Creek). The plan will outline measures to be implemented after major fires or floods that will help protect future project residents to the practical degree. When approved, this plan shall be incorporated into the Specific Plan. Prior to Issuance of Occupancy Permits Direct Observation of Post-Fire/Flood Recovery Plan. City of San Bernardino Community Development & Housing Department Hydrology and Water Quality MM HYD-1a: Prior to the issuance of grading permits for any portion or phase of the project, the project applicant shall receive City approval SWPPP and Grading Plan to the City of San Bernardino that identify specific actions and BMPs to prevent stormwater pollution Prior to Issuance of Grading Permits Direct Observations and Review of SWPPP and Grading Plan City of San Bernardino Community Development & — Packet Page. 95 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-11 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials from construction sources. These BMPs shall be consistent with the Conceptual Water Quality Management Plan prepared for the project by PBS&J Engineers (see DEIR Appendix G)Q3 Consulting. The plans shall identify a practical sequence for site restoration, BMP implementation, contingency measures, responsible parties, and agency contacts. The applicant shall include conditions in construction contracts requiring the plans to be implemented and shall have the ability to enforce the requirement through fines and other penalties. The plans shall incorporate control measures in the following categories: •Soil stabilization practices. •Dewatering practices (if necessary). •Sediment and runoff control practices. •Monitoring protocols; and •Waste management and disposal control practices. Once approved by the City, the applicant’s contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting, and maintaining the control measures included in the SWPPP and Grading Plan. Housing Department MM HYD-1b: Each SWPPP shall identify pollutant sources that could affect the quality of stormwater discharges from the construction site. Control practices shall include those that effectively treat target pollutants in stormwater discharges anticipated from project construction sites. To protect receiving water quality, the SWPPP shall include, but is not limited to, the following elements: •Temporary erosion control measures (such as fiber rolls, staked straw bales, detention basins, temporary inlet protection, check dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover) shall be employed for disturbed areas. •No disturbed surfaces will be left without erosion control measures in place during the winter and spring months (September 30 – March 30). •Sediment shall be retained onsite by a system of sediment basins, traps, or other appropriate measures. Of critical Prior to Issuance of Grading Permits Direct Observations and Review of SWPPP Pollutant Sources City of San Bernardino Community Development & Housing Department Packet Page. 96 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-12 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials importance is the protection of existing catch basins that eventually drain to Cajon Creek. •The construction contractor shall prepare Standard Operating Procedures for the handling of hazardous materials on the construction site to eliminate or reduce discharge of materials to storm drains. •BMPs performance and effectiveness shall be determined either by visual means where applicable (i.e., observation of above- normal sediment release), or by actual water sampling in cases where verification of contaminant reduction or elimination, (inadvertent petroleum release) is required to determine adequacy of the measure. •Native grasses or other appropriate vegetative covers shall be established on the construction site as soon as possible after disturbance. MM HYD-2a: Landscaping Management Plan. The developer shall develop and implement a Landscaping Management Plan (LMP) for landscaped areas with the goal of reducing potential discharge of herbicides, pesticides, fertilizers, and other contaminants to local waterways. All contractors involved in project-related landscaping conducted during the individual phases of development, as well as maintenance of landscaping following project completion, shall complete their work in strict compliance with the LMP. The applicant shall be responsible for ensuring that requirements of the LMP are provided to and instituted by future project landowners and managers following project completion. The LMP shall be prepared by a licensed landscape architecture firm with experience in methods to reduce or eliminate the use of landscape chemicals that could cause adverse effects to the environment. At a minimum, this LMP shall: 1. Require that pesticides and fertilizers not be applied in excessive quantities, and only applied at times when rain is not expected for at least 2 weeks, in an effort to minimize leaching and runoff into the storm drainage system. Prior to Issuance of Grading Permit Direct Observation and Review of Landscaping Management Plan City of San Bernardino Community Development & Housing Department Packet Page. 97 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-13 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials 2. Encourage the use of organic fertilizers and mulching of landscaped areas inhibit weed growth and reduce water demands. 3. Utilize native, perennial, drought-tolerant vegetation to minimize irrigation needs. 4. Specify the maintenance measures to be used (e.g., mowing) and will specify an application schedule for all fertilizer amendments and pesticide applications. 5. Identify a list of preferred herbicides and pesticides and instances in which their use would be appropriate and the associated application rate. MM HYD-2b: Water Quality Maintenance Reports. The UHSP project shall form a Landscaping and Lighting Maintenance District (LLMD) to monitor water quality and provide regular reports to the City regarding water quality on the project site. A qualified professional shall be retained through the LLMD to prepare and provide annual documentation to the City Engineer that the onsite BMPs (i.e., water quality devices, improvements, and procedures) are functioning as planned to effectively protect water quality both onsite and on downstream uses/drainages. This includes the function and condition of bioswales, street sweeping, etc. These reports shall be made to the satisfaction of the City Engineer in consultation with the RWQCB if necessary. If a report indicates water quality objectives are not being met and/or the RWQCB has expressed concerns in this regard, the LLMD will take appropriate steps and/or make appropriate improvements to achieve these objectives, to the satisfaction of the City Engineer. Prior to Issuance of Grading Permit Direct Observation and Review of Landscaping and Lighting Maintenance District (LLMD) City of San Bernardino Community Development & Housing Department MM HYD-5: Prior to approval of any final maps, the developer shall submit drainage plans to the City Public Works Department for review and approval. The City shall review and approve all storm drain improvement plans prior to issuance of any encroachment or building permits that involve flood control facilities. Prior to Approval of any Final Maps Direct Observation of Drainage Plans City of San Bernardino Community Development & Housing Department Land Use Packet Page. 98 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-14 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials MM LU-1: Prior to issuance of any occupancy permits, the developer shall coordinate with City, CSUSB, and USFS staffs to identify necessary access points and appropriate locations for such signage to clearly identify the USFS boundary along the perimeter of the University Hills property (i.e., Planning Area 24Planning Areas 1 and 2). Such signage will be placed at strategic locations, including any road or trail access points, to the satisfaction of the City in consultation with CSUSB and USFS staffs. Prior to Issuance of Occupancy Permits Direct Observation and Site Inspections City of San Bernardino Community Development & Housing Department Noise MM NOI-1a: At the time the grading permit application is submitted, the project applicant shall submit a Construction Noise Mitigation Plan to the City for review and approval. The plan shall depict the location of staging areas for construction equipment and describe how noise would be mitigated for any nearby sensitive receptors. At the time, the Grading Permit Application is Submitted Direct Observation and Review of Construction Noise Mitigation Plan City of San Bernardino Community Development & Housing Department MM NOI-1b: Stationary noise-generating equipment (such as pumps and generators) will be located as far as possible from nearby noise- sensitive receptors (i.e., homes located in PA 16-20Planning Area 1) and no closer than 200 feet from any existing home within the Project site once occupancy has begun. Prior to Ground Breaking Disturbances Direct Observation and Site Inspection City of San Bernardino Community Development & Housing Department MM NOI-1c: Noise-generating equipment will be shielded from nearby noise-sensitive receptors by noise-attenuating buffers such as structures or haul truck trailers. Prior to Ground Disturbing Activities Direct Observation and Site Inspection City of San Bernardino Community Development & Housing Department MM NOI-1d: Onsite noise sources located less than 600 feet from noise-sensitive receptors will be equipped with noise-reducing engine housings. Prior to Ground Breaking Disturbances Direct Observation and Site Inspection City of San Bernardino Community Development & Housing Department - --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --- Packet Page. 99 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-15 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials MM NOI-1e: Portable acoustic barriers able to attenuate at least 6 dB will be placed around noise-generating equipment in the “East Village” portion Planning Area 2 of the project site. Prior to Ground Breaking Disturbances Direct Observation and Site Inspection City of San Bernardino Community Development & Housing Department MM NOI-1f: Water tanks and equipment storage, staging, and warm- up areas will be located as far from noise-sensitive receptors as possible, and at least 200 feet from any existing home within the Project site once occupancy has begun. Prior to Ground Breaking Disturbances Direct Observation and Site Inspection City of San Bernardino Community Development & Housing Department MM NOI-1g: All construction equipment shall utilize noise reduction features (e.g., mufflers and engine shrouds) that are no less effective than those originally installed by the manufacturer. Prior to Ground Breaking Disturbances Direct Observation and Site Inspection City of San Bernardino Community Development & Housing Department MM NOI-1h: No construction equipment shall be allowed to idle for more than 5 minutes if it is within 100 feet of an existing house. Ongoing Throughout Construction Activities Direct Observation and Site Inspection City of San Bernardino Community Development & Housing Department MM NOI-1i: Prior to approval of any subsequent tentative tract maps, the developer shall submit noise studies as appropriate for any residences within the project to assure that exterior and interior noise levels meet City noise standards based on actual final floor elevations, actual roadway cross sections and elevations, onsite topography after grading, etc. Walls or other attenuating improvements shall be installed as needed based on the results of these studies to ensure onsite residences meet the City’s noise regulations. Prior to Ground Breaking Approval of any Subsequent Tentative Tract Maps Direct Observation of Noise Studies City of San Bernardino Community Development & Housing Department — Packet Page. 100 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-16 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials Transportation and Circulation MM TRANS-2: Recommended improvements may include a combination of fee payments to established programs, construction of specific improvements, payment of a fair-share contribution toward future improvements, or a combination of these approaches. For programmed improvements, the developer will pay into the regional transportation fee program. A summary of the intersection operations before and after implementation of these recommended improvements is provided on EIR Addendum Appendix D Table 9. A summary of the Project fair share percentages for these recommended improvements is provided on EIR Addendum Appendix D, Traffic Impact Analysis Table 5 and similarly on Table 13 of the EIR Addendum. •#5 – University Parkway at I-215 Freeway NB Ramps: Add a third westbound right-turn lane. •#6 – University Parkway at I-215 Freeway SB Ramps: Add a dedicated northbound right-turn lane. Prior to Issuance of the Building Permit. Identified future improvements that are not currently in the City's Master Facilities Plan (MFP) will be added and the Developer Impact Fee (DIF) adjusted to include the additional costs, then the project will pay the appropriate DIF amount. The project will pay the appropriate fee for the indicated future improvements that are already in the MFP and DIF programs. It is understood that some freeway-related improvements, including some future ramp improvements, may not be fully funded from available sources in the future. (Please refer to Table 5-2 for implementation and funding of this mitigation). City of San Bernardino Community Development & Housing Department Packet Page. 101 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-17 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials MM TRANS-8: Prior to the commencement of construction, the developer shall provide a Construction Traffic, Staging, and Parking Management Plan to the City of San Bernardino for review and approval. All construction contracts shall include a clause requiring compliance with the Construction Traffic, Staging, and Parking Management Plan and the developer shall be able to enforce the provisions of the plan through penalties, up to and including, termination of the contract. The plan shall include the following provisions: •Construction truck traffic shall be limited to the following designated routes: Campus Parkway from the site and west of Northpark Boulevard to Kendall Drive, and Kendall Drive from Campus Parkway to Palm Avenue. Construction truck traffic shall be prohibited on all other roadways, unless compelling circumstances warrant such movements (e.g., a major traffic accident). •Signage shall be installed at construction truck ingress and egress points alerting motorists to such movements. •Soil, debris, or other loose materials shall be covered with tarps or other restraining material during haul movements on roadways. •On-site and off-site construction staging and parking locations shall be identified, as well as any necessary shuttle service needed to transport workers from off-site locations. For safety reasons, off-site staging or parking shall not be allowed west of Northpark Boulevard or on the CSUSB Cal State San Bernardino campus. •A pre-construction conference shall be held advising all construction contractors of the requirements of the Construction Traffic, Staging, and Parking Management Plan. Prior to Construction Activities Review of Construction Traffic, Staging, and Parking Management Plan City of San Bernardino Community Development & Housing Department Packet Page. 102 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-18 October 2025 Verification Mitigation Measures (MMs)Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials Utilities and Service Systems MM US-4a: Prior to the issuance of building permits, the applicant shall submit a Construction Debris Recycling Plan to the City of San Bernardino identifying the procedures by which construction and demolition would be salvaged and recycled to the maximum extent feasible. The plan shall include proof that a construction and demolition debris recycler is under contract to the applicant to perform this work. This Plan shall achieve at least a 50 percent reduction in construction waste, to the satisfaction of the City Planner. Prior to the Issuance of Building Permits Review of Construction Debris Recycling Plan City of San Bernardino Community Development & Housing Department MM US-4b: Prior to the issuance of occupancy permits, the developer shall provide the City with written assurance that all project residents will be provided with information on City and County waste reduction and disposal activities. This information may be provided by the developer or homeowners association (HOA) as appropriate. This measure shall be implemented to the satisfaction of the City Planner. Prior to Issuance of Occupancy Permits Review of Information on City and County Waste Reduction and Disposal Activities City of San Bernardino Community Development & Housing Department Packet Page. 103 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-19 October 2025 Conditions of Approval (COAs) Verification Tribal Cultural Resources Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Date Initials COA TCR-1 Due to the heightened cultural sensitivity of the proposed project area, at the discretion of the consulting tribe(s), Tribal monitor(s) authorized to represent YSMN shall be present for all ground-disturbing activities that occur within the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work). At the discretion of the consulting tribes, a sufficient number of Tribal monitors shall be present each workday to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage. A Monitoring and Treatment Plan that is reflective of the project mitigation (“Cultural Resources” and “Tribal Cultural Resources”) shall be completed by the qualified SOI Archaeologist and submitted to the Lead Agency for dissemination to YSMN. Once all parties review and agree to the plan, it shall be adopted by the Lead Agency – the plan must be adopted prior to permitting for the project. Any and all findings will be subject to the protocol detailed within the Monitoring and Treatment Plan. During All Ground Disturbing Activities Monitoring Tribal Monitor Approved by YSMN and City of San Bernardino Community Development & Housing Department COA TCR-2 If a pre-contact cultural resource is discovered during project implementation, ground-disturbing activities shall be suspended 60 feet around the resource(s), and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. The SOI Project Archaeologist shall develop a research design that shall include a plan to evaluate the resource for significance under CEQA criteria. Representatives from YSMN, the Archaeologist, and the Lead Agency shall confer regarding the research design, as well as any testing efforts needed to delineate the resource boundary. Following the completion of evaluation efforts, all parties shall confer regarding the resource's archaeological significance, its potential as a Tribal Cultural Resource (TCR), and avoidance (or other appropriate treatment) of the discovered resource. During All Ground Disturbing Activities Site Monitoring Qualified SOI Archaeologist Packet Page. 104 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-20 October 2025 Conditions of Approval (COAs) It is the preference of YSMN that removed cultural material be reburied as close to the original find location as possible. However, should reburial within/near the original find location during project implementation not be feasible, then a reburial location for future reburial shall be decided upon by YSMN, the landowner, and the Lead Agency, and all finds shall be reburied within this location. Additionally, in this case, reburial shall not occur until all ground- disturbing activities associated with the project have been completed, all monitoring has ceased, all cataloguing and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to Lead Agency, CHRIS, and YSMN. All reburials are subject to a reburial agreement that shall be developed between the landowner and YSMN outlining the determined reburial process/location and shall include measures and provisions to protect the reburial area from any future impacts. Should it occur that avoidance, preservation in place, and on-site reburial are not an option for treatment, the landowner shall relinquish all ownership and rights to this material and confer with YSMN to identify an American Association of Museums (AAM)- accredited facility within the County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines.  A curation agreement with an appropriate qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility.  This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees.  All draft records/reports containing the significance and treatment findings and data recovery results shall be prepared by the archaeologist and submitted to the Lead Agency and YSMN for their review and comment. After approval from all parties, the final reports and site/isolate records are to be submitted to the local CHRIS Information Center, the Lead Agency, and YSMN. Packet Page. 105 Addendum to the University Hills Specific Plan Project City of San Bernardino Mitigation Monitoring and Reporting Program Page C-21 October 2025 Conditions of Approval (COAs) Transportation and Circulation Table 13: Summary of Project Fair Share for Recommended Improvements AM Peak Hour PM Peak Hour Total Volume Total VolumeInt. #Intersection 2022 2026 Total Growth Project Trips % 2022 2026 Total Growth Project Trips % Opening Year 2026 Cumulative Conditions 5 University Pkw. At I215 Freeway NB Ramps 3,663 4,23 7 578 128 22.3%4,16 5 4,84 2 677 169 25.0% Future Build-Out Year 2040 Cumulative Conditions 5 University Pkw. At I215 Freeway NB Ramps 3,663 4,37 9 716 128 17.9%4,16 5 4,92 6 761 169 22.2% 6 University Pkw. At I215 Freeway SB Ramps 2,448 3,11 2 664 104 15.7%2,97 0 3,98 6 1,016 91 9.0% Source: Kimley-Horn. 2025. Traffic Impact Analysis: Table 5, Summary of Project Fair Share for Recommended Improvements. Packet Page. 106 ORDINANCE NO. MC-1664 1 8 9 5 6 ORDINANCE NO. MC-1664 the City of San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and In 1993, the City of San Bernardino Mayor and Common Council approved the Paradise Hills Specific Plan; and after adoption of the City of San Bernardino General Plan in 2005, The Paradise Hills Specific Plan was renamed the University Hills Specific Plan (SP-UH) via Resolution 2005-362 adopted November 1, 2005; and on November 17 2008, the Mayor and Common Council of the City of San Bernardino adopted Resolution No. 2008-422 certifying the Final Subsequent Environmental Impact Report (California State Clearinghouse No. 2007071155), adopting the Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, and approving Specific Plan 07-01 for the University Hills Specific Plan (SP-UH); and Specific Plan Amendment 23-01 constitutes the University Hills Specific Plan Project ("Project"); and Specific Plan Amendment 23-01 is a request to amend the development standards and guidelines of the original development plan reducing the number of proposed single- family residential lots from 980 to 327 within the University Hills Specific Plan pursuant to an addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155); and Packet Page. 107 ORDINANCE NO. MC-1664 2 8 9 5 6 WHEREAS, The applicant has requested Development Agreement 08-02 to be dissolved and removed from the property title and project, and replaced with a Memorandum of Understanding exclusively between California State University San Bernardino and the Applicant, agreeing to preserve California State University San Bernardino intended protections and interests regarding roadway access, maintenance, open space access, and safeguards for campus facilities; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, Section 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, Section 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15164 (a) (Addendum to an EIR), the Addendum to the Final Subsequent Environmental Document was the appropriate environmental review procedure under CEQA, and accepted the Addendum to the FSEIR prepared by Kimly-Horn Environmental Consultants; and WHEREAS, On December 10, 2025 the Development and Environmental Review Committee of the City of San Bernardino recommended that Specific Plan Amendment 23-01 and the dissolution and removal of Development Agreement 08-02 from the property title, move to the Planning Commission for consideration; and WHEREAS, on January 13, 2026 the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report. At the public hearing there was opposition to the “Project” via ten (10) speakers representing the Crestline Soaring Society a paragliding and hand gliding club, and community members Dolores Armstead and Bobby Long who spoke in opposition to the project. After the public comments, the Planning Commission deliberated and a motion was made by Commissioner Carlone and seconded by Commissioner Pratt to approve staff’s recommendation to move Specific Plan Amendment 23-01 to the meeting of the Mayor and City Council for the first reading on May 6, 2026. The motion was approved per Resolution 2026-001 by Commissioners; Carlone, I. Garcia, O. Garcia, Ngalande, Pratt, and Quiel. Commissioners Dailey and Lopez denied, and Commissioner Sherrick was absent. The item passed six (6) to two (2); and WHEREAS, notice of the May 6, 2026 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on April 25, 2026, and was mailed to the owners and tenants of property located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, at the public hearing conducted by the Mayor and City Council, no additional information submitted to the City Council has produced substantial new information requiring substantial revisions that would trigger recirculation of the Addendum or additional environmental review under State CEQA Guidelines Section 15088.5; and WHEREAS, at the public hearing conducted by the Mayor and City Council on May 6, 2026 the Crestline Soaring Society and community members Ron Alvarado and Les made comments of concern towards the project; and Lozeau Drury LLP contested the CEQA determination for the project; and Packet Page. 108 ORDINANCE NO. MC-1664 3 8 9 5 6 WHEREAS, at the public hearing conducted by the Mayor and City Council on May 6, 2026 the Mayor and City Council considered Resolution 2026-042, and following public testimony, unanimously voted to continue Specific Plan Amendment 23-01 and Subdivision 23- 05 to the regularly scheduled June 3, 2026 meeting of the Mayor and City Council. The motion was made by Council Member Knaus and seconded by Council Member Sánchez; and WHEREAS, pursuant to the requirements of Chapters 19.64 (Specific Plans) and 19.40 (Development Agreements) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Specific Plan Amendment 23-01 and the dissolution and removal of Development Agreement 08-02 from the property title. 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.Compliance with the California Environmental Quality Act. Based on the Addendum, the EIRs, Environmental Findings, Mitigation Monitoring and Reporting Programs, the Statement of Overriding Considerations, and all related information presented to the City Council, the City Council finds that the preparation of a subsequent or supplemental EIR is not required because the modification specified in the Addendum: (1) does not constitute substantial changes to the Project that will require major revisions of the 2008 SFEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) does not constitute substantial changes with respect to the circumstances under which the Project is administered that will require major revisions of the 2008 SFEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and (3) does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the 2008 SFEIR was certified, that shows any of the following: (a) the modification will have one or more significant effects not discussed in the 2008 SFEIR; (b) significant effects previously examined will be substantially more severe than shown in the 2008 SFEIR; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City Council declined to adopt such measures; or (d) mitigation measures or alternatives considerably different from those analyzed in the 2008 SFEIR would substantially reduce one or more significant effects on the environment, but which the City Council declined to adopt. SECTION 3.Findings of Fact – Specific Plan Amendment 23-01 Finding No. 1:The proposed amendment is consistent with the General Plan. Finding of Fact:The University Hills Specific Plan (SP-UH) is a comprehensive land use and zoning document encompassing approximately 404 acres, of which approximately 42 percent (169.5 acres) were dedicated for construction of 980 residential dwelling units and related uses. Packet Page. 109 ORDINANCE NO. MC-1664 4 8 9 5 6 The balance of the UHSP included parks and recreational uses (10.2 acres), among streets, lighting, landscaping, natural open space (234.8 acres) to the north of the developed area, among other common features generally associated with residential communities. Specific Plan Amendment 23-01 proposes to amend development standards and guidelines of the original development plan and reduce the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan. The following demonstrates how the “Project” meets the General Plan Goals and Policies: Land Use Element 2.1 Preserve and Enhance San Bernardino’s Unique Neighborhoods. The University Hills Specific Land Use Plan is designed to be compatible with the surrounding residential and future commercial uses within the vicinity. 2.3 Create and Enhance Dynamic, Recognizable Places for San Bernardino’s Residents, Employees, and Visitors. The Specific Plan Design Guidelines provide for the creation of unique, quality residential development. 2.5 Enhance the Aesthetic Quality of Land Uses and Structures in San Bernardino. The Specific Plan Design Guidelines provide for the creation of unique, quality residential development. Housing Element Policy 1.3 Design Features. Require new and rehabilitated housing to be well designed, with appropriate attention to site planning, materials and colors, building treatments, landscaping, open space, parking, and sustainable green designs. The Addendum to the University Specific Plan will increase the amount of land preserved in perpetuity as open space, Update the Parks Plan, and update the circulation to accommodate the project. Community Design Element 5.3 Recognize Unique Features in Individual Districts and Neighborhoods and Develop a Program to Create Unifying Design Themes to Identify Areas Throughout the City. The Specific Plan Design Guidelines provide for the creation of unique, quality residential and commercial development. Circulation Element 6.1 Provide a Well-Maintained Street System. The interior local roads will be maintained by a homeowner’s association. Packet Page. 110 ORDINANCE NO. MC-1664 5 8 9 5 6 Parks, Recreational and Trails Element 8.1 Improve the Quality of Life in San Bernardino by Providing Adequate Parks and Recreation Facilities and Services to Meet the Needs of Our Residents. The University Hills Specific Plan (SP-UH) provides for a variety of private parks and open space. Utilities Element 9.1 Provide a System of Wastewater Collection and Treatment Facilities that will Adequately Convey and Treat wastewater Generated by Existing and Future Development in the City’s Service Area. The University Hills Specific Plan provides for the creation of a wastewater system that will tie into existing facilities. 9.3 Provide Water Supply, Transmission, Distribution, Storage, and Treatment Facilities to Meet Present and Future Water Demands in a Timely and Cost-Effective Manner. The University Hills Specific Plan provides for the creation of a water system that will tie into existing facilities. 9.4 Provide Appropriate Storm Drain and Flood Control Facilities where Necessary. The University Hills Specific Plan provides for the creation of a drainage system that will tie into existing facilities. 9.10 Ensure that the Costs of Infrastructure Improvements are Borne by those who Benefit. The infrastructure improvements required by the University Hills Specific Plan will be financed by the builder. Safety Element 10.5 Reduce Urban Run-Off from New and Existing Development. The Specific Plan Design Guidelines provide a variety of measures to reduce urban run-off, including a drainage basin and bio-swales. Energy and Water Conservation Element 13.1 Conserve Scarce Energy Resources. The University Hills Specific Plan contains a chapter on Sustainable Guidelines to reduce energy and water use and conserve natural resources. Noise Element 14.1 Ensure that Residents are Protected from Excessive Noise Through Careful Land Planning. Through site planning and construction techniques, residents will be protected from excessive noise. Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:The proposed Specific Plan Amendment would establish a land use and development framework to serve as a marketing tool for attracting developers to key sites and for boosting economic development. Packet Page. 111 ORDINANCE NO. MC-1664 6 8 9 5 6 The Specific Plan is dedicated to creating a mixed-use neighborhood that compliments the surrounding community by type and quality of development. The project provides quality homes and options for interested parties looking to relocate to the area. Additionally, the University Hills Specific Plan promotes water and energy conservation through sustainable development requirements for drought tolerant landscaping, guidelines for implementing renewable energy sources for utilities, and creating a walkable and convenient neighborhood with open spaces for families to gather. Therefore, the proposed Specific Plan will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding No. 3:The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact:The original University Hills Specific Plan (SP-UH) adopted in November of 2008 was a comprehensive land use and zoning document encompassing approximately 404 acres, of which approximately 42 percent (169.5 acres) was dedicated to the construction of 980 residential dwelling units and related uses. The remaining area of the SP-UH included parks and recreational uses (10.2 acres), as well as streets, lighting, landscaping, and natural open space (234.8 acres) located north of the developed area, along with other common features generally associated with residential communities. Specific Plan Amendment 23-01 proposes to amend the development standards and guidelines of the original development plan per the following: Reduce the number of Planning Areas from 24 to 4. Reduce the residential density of the Project from a maximum of 20 dwelling units per acre (du/acre) to 3 per du/acre. Increase the amount of land preserved in perpetuity as open space to better accommodate environmental site constraints, such as seismic and biological constraints from approximately 235 acres to approximately 300 acres. Reduce the number of allowed residential dwelling units (DU) from 980 DU to 327 DU. Redesign of the conceptual park plans. Update the circulation plan to connect Badger Canyon Road south to Campus Drive and add additional emergency vehicle access roads. Update of development standards and design guidelines to focus on single-family residential development. Therefore, as presented Specific Plan Amendment 23-01 is physically suitable for the requested land use designations and the anticipated land use developments, which would maintain the appropriate balance of land uses within the City. Packet Page. 112 ORDINANCE NO. MC-1664 7 8 9 5 6 Finding No. 4:The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. Finding of Fact:The University Hills Specific Plan (SP-UH) has been created with the great consideration for the surrounding neighborhood and future development of the Specific Plan area will create a low density, walkable neighborhood with open spaces for children and families to enjoy, while maintaining high quality design for the “Project” in whole. Specific Plan Amendment 23-01 proposes to amend the development standards and guidelines of the original development plan by reducing the number of Planning Areas from 24 to 4 and lowering the residential density of the Project from a maximum of 20 dwelling units per acre to 3 dwelling units per acre. The Amendment also increases the amount of land preserved in perpetuity as open space from approximately 235 acres to approximately 300 acres to better accommodate environmental site constraints, including seismic and biological constraints. In addition, the Amendment reduces the number of allowed residential dwelling units from 980 to 327, includes a redesign of the conceptual park plans, and updates the circulation plan to connect Badger Canyon Road south to Campus Drive while adding additional emergency vehicle access roads. Lastly, the Amendment updates development standards and design guidelines to focus on single-family residential development. Finding No. 5: The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live. Finding of Fact:The University Hills Specific Plan (SP-UH) has been created with consideration for the surrounding neighborhood, and future development of the Specific Plan area is intended to create a low-density, walkable neighborhood with open spaces for children and families to enjoy, while maintaining high-quality design for the Project as a whole. Specific Plan Amendment 23-01 proposes to amend the development standards and guidelines of the original development plan by reducing the number of Planning Areas from 24 to 4 and lowering the residential density of the Project from a maximum of 20 dwelling units per acre to 3 dwelling units per acre. The Amendment also increases the amount of land preserved in perpetuity as open space from approximately 235 acres to approximately 300 acres to better accommodate environmental site constraints, including seismic and biological constraints. In addition, the Amendment reduces the number of allowed residential dwelling units from 980 to 327, includes a redesign of the conceptual park plans, and updates the circulation plan to connect Badger Canyon Road south to Campus Drive while adding additional emergency vehicle access roads. Lastly, the Amendment updates development standards and design guidelines to focus on single-family residential development. Packet Page. 113 ORDINANCE NO. MC-1664 8 8 9 5 6 Therefore, The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live. SECTION 4.Specific Plan Amendment 23-01, a request to adopt the amendment to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) and amend the development standards and guidelines of the original development plan reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan, attached hereto and incorporated herein by reference as Exhibit A, is hereby approved. SECTION 5.Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California. SECTION 6.Notice of Determination: The Planning Division of the Community and Development and Housing Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 7.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 8.Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2026. Helen Tran, Mayor City of San Bernardino Packet Page. 114 ORDINANCE NO. MC-1664 9 8 9 5 6 Attest: Packet Page. 115 ORDINANCE NO. MC-1664 10 8 9 5 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-_____, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the XX day of , 2026. Ordinance No. MC-____ was approve passed and adopted at a regular meeting held the XX day of , 2026 by the following vote: SANCHEZ IBARRA FIGUEROA SHORETT KNAUS FLORES ORTIZ WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2026. Telicia Lopez, CMC, City Clerk Packet Page. 116 University Hills Specific Plan Page 1-1 Formatted: Header INTRODUCTION Chapter 1: Introduction Project Summary Nestled in the foothills of the San Bernardino Mountains between the San Bernardino National Forest and California State University, San Bernardino (CSUSB), University Hills is a distinctive 404-acre residential community that offers a unique living environment with a direct and long-lasting relationship with, near to the University, with access to trails and open space, and where the majority of the site is left untouched. DevelopmentThe City of San Bernadino originally adopted the University Hills Specific Plan in 2008. The original vision for the project area approved under the Specific Plan included a development of 980 residences consisting of estate, single-family detached, small lot detached, cluster court homes, townhomes and stacked flats. Since the adoption of the original Specific Plan, a new vision for the property has been developed which envisions less density, a design that is more sensitive to physical site constraints, and additional conservation of open space. Therefore, the University Hills Specific Plan is being amended to revise the residential types and layouts, and to reduce the developed area resulting in the conservation of additional open space. Under the Amended University Hills Specific Plan, development in University Hills is concentrated on the lower elevations of the site and encompasses only 4225 percent, or 104 acres of the total site (170 acres) while the remaining 5875 percent, 300 acres, remains as open space. natural, permanent open space (not including parks and open space areas within the developed 104 acres). This generous 235-acre open space area will be used by CSUSBpreserved as a laboratory to study the local biology, habitat, and geologynatural open space. University Hills accommodates 980 residences 327 single family-detached housing on a variety of lot sizes, situated in several neighborhoodsa neighborhood, which areis set apart by open space corridors, drainage ways, and sloped areas, and is interconnected to surrounding open spaces by a series of pathways and roadways. University Hills accommodates a range of living opportunities including estate, single- family detached, small-lot detached, cluster court homes, townhomes, and stacked flats. In addition, University Hills provides four acres that will be dedicated to CSUSB and can accommodate up to 60 units for exclusive use as faculty housing. University Hills also contains approximately 10347 acres of parks, including a 2-acre private community clubhouse, 5-acre California Walnut Grove Linear Park, two neighborhood parks,open space. This total consists of 300 acres of permanent natural open space and 47 acres of open space within the 2.1-acre Glider Park, which provides a safe approach zone fordeveloped area of the hang gliders landing atSpecific Plan. Of those 47 acres, approximately 8 acres are designated as parks, and the adjacent Andy Jackson Airparkremaining 39 acres consist of parkways, landscaped slopes, water quality basins, and other community- serving landscaped areas. University Hills contains several significant natural features that have led to a carefully customized land plan. The San Andreas Fault system runs the length of the project and generally separates the developed and undeveloped portions of the project. In addition, several natural drainage ways and sloped areas are located in University Style Definition: Table Paragraph Style Definition: Body Text Style Definition ... Style Definition ... Style Definition ... Style Definition: Heading 2: Font: (Default) +Headings (Aptos Display), 16 pt, Font color: Accent 1, Ligatures: Standard + Contextual, Indent: Left: 0", Space Before: 8 pt, After: 4 pt, Line spacing: Multiple 1.08 li, Widow/Orphan control, Keep with next, Keep lines together, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Style Definition: Heading 1: Font: (Default) +Headings (Aptos Display), 20 pt, Font color: Accent 1, Ligatures: Standard + Contextual, Left, Indent: Left: 0", Space Before: 18 pt, After: 4 pt, Line spacing: Multiple 1.08 li, Widow/Orphan control, Keep with next, Keep lines together, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Style Definition: Normal: Font: (Default) +Body (Aptos), Ligatures: Standard + Contextual, Space After: 8 pt, Line spacing: Multiple 1.08 li, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Formatted: Font: (Default) +Body (Aptos), 11 pt, Bold, Font color: Auto Formatted: Normal Formatted: Font: Bold Formatted: Normal, Left, Indent: Left: 0", Space Before: 0 pt, Line spacing: single Formatted ... Formatted: Normal, Left, Indent: Left: 0", Line spacing: single Formatted ... Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted ... Formatted: Normal, Left, Indent: Left: 0", Line spacing: single Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Normal, Left, Indent: Left: 0", Line spacing: single Formatted ... Packet Page. 117 Page 1- 2 June 2008 Hills. These features are incorporated as open space corridors containing pathways and amenities. University Hills is also committed to creating a sustainable, resource-efficient community. Not only does thisThe Specific Plan containcontains guidelines for sustainable development that are applicable to the entire development, but the clubhouse and Mixed Detached/Attached Residential areas are committed to a high level of green building techniquesas discussed in Chapter 5, Sustainability Guidelines. Formatted: Not Expanded by / Condensed by Formatted: Normal, Left, Indent: Left: 0", Line spacing: single Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Packet Page. 118 University Hills Specific Plan Page 1-3 Purpose of the Specific Plan The purpose of the University Hills Specific Plan is to provide unique development standards and guidelines to allow the creation of a distinct high-quality residential community. The Specific Plan will provide the regulatory, administrative, and implementation tools necessary to realize University Hills and serve as the long-range guide for its development. The Design Guidelines and Standards contained in this Specific Plan ensure that development is cohesive and high-quality, while still allowing flexibility for creative design on the project site. The Development Regulations establish permitted uses, objective development standards, and general development criteria. The California Government Code, Section 65450 through 65457, establishes the authority for cities and counties to adopt specific plans by resolution as policy or by ordinance as regulation, identify the required contents of a specific plan, and mandate consistency with the General Plan. A specific plan enables enhanced or innovative development and design options not possible under conventional zoning controls. The University Hills Specific Plan is a regulatory document providing a means of implementing a site-specific development proposal in accordance with the goals and policies of the City of San Bernardino General Plan. The City of San Bernardino Municipal Code Chapter 19.64 describes the purpose, requirements, regulations, and procedure for preparation of a specific plan within the City. As required by the California Government Code, a General Plan Consistency Analysis has been prepared for this Specific Plan (see Appendix B).C). The University Hills Specific Plan is consistent with the applicable goals and policies of the City of San Bernadino General Plan. The provisions and regulations contained in the Specific Plan apply to the University Hills project area and shall prevail in instances of conflict with the provisions and regulations of the San Bernadino Municipal Code (SBMC) which includes the City of San Bernardino Development Code that regulates the same subject matter. Where the Specific Plan is silent on an issue, the regulations and standards contained in the SBMC shall apply. Project Location As shown in Figure 1-.1, Regional Location, University Hills is on the northern edge of the City of San Bernardino in the foothills of the San Bernardino Mountains overlooking the Cajon Creek Wash, CSUSB, and the Glen Helen Regional Park. As shown in Figure 1-.2, Local Vicinity, University Hills is generally bound on the south by CSUSB and Badger Hill, west by Devil’s Canyon Flood Control Basin, and north and east by the San Bernardino National Forest. Primary access to University Hills will be from Campus Parkway, which will eventually connect directly with Interstate 215 (I-215), and Little Mountain Drive.). Formatted: Font: +Body (Aptos), 11 pt, Bold, Font color: Auto Formatted: Left, Indent: Left: 0", Space Before: 0 pt Formatted: Font: +Body (Aptos), 11 pt, Bold Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted ... Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted ... Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted: Font: (Default) +Body (Aptos), 11 pt, Bold, Font color: Auto Formatted: Normal, Indent: Left: 0" Formatted: Font: Bold Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted ... Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted ... Packet Page. 119 Page 1- 4 June 2008 Introduction Figure 1-1 Regional Location Packet Page. 120 University Hills Specific Plan Page 1-5 This page intentionally left blank. Packet Page. 121 Page 1- 6 June 2008 Introduction Figure 1-2 Local Vicinity Packet Page. 122 University Hills Specific Plan Page 1-7 This page intentionally left blank. Packet Page. 123 Page 1- 8 June 2008 Introduction Format of the Document The University Hills Specific Plan is organized into the following sections. Section 1: Introduction. This section describes the purpose and intent, authority and scope, compliance with guiding documents, project setting, and a summary of opportunities and constraints. Section 2: Development Plan. This section explains the vision, objectives, and development concept. The conceptual land use plan and buildout statistics are also included in this section. Section 3: Development Criteria. This section provides the allowable uses, development standards, circulation plan, open space plan, utility, and infrastructure plans. Section 4: Design Guidelines. This section includes guidelines that define the aesthetic character of University Hills. Section 5: Sustainability. This section describes opportunities and guidelines for environmentally sustainable development within University Hills. Section 6: Implementation and Administration. This section contains the development processing and amendment procedures, as well as phasing, for University Hills. Appendices. The appendices contain definitions, plant palette, general plan consistency analysis, conceptual elevations and floor plans, fire safety plan, geologic studies, biology study, hydrology study, water quality management plan, water facilities study, dry utility feasibility study, and a comparison of this Specific Planand Addendum to the City’s Hillside Management Overlay.previously certified Environmental Impact Report (EIR). Terminology Statements occur in this plan in the form of policies, standards, and guidelines that create expectations of actions intended to successfully implement the plan. The following terms clarify the level of commitment described in the plan and reflect expected outcomes. Shall—: This type of policy will always be followed. “Shall” represents an absolute commitment to the guidance expressed in the policy. (Similar action words: require, enforce, must, ensure)). Formatted: Font: (Default) +Body (Aptos), 11 pt, Bold, Font color: Auto Formatted: Normal, Space Before: 0 pt Formatted: Font: Bold Formatted: Normal, Left, Indent: Left: 0", Space Before: 0 pt Formatted: Font: Not Italic, Font color: Auto Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted: Font: Not Italic, Font color: Auto, Not Expanded by / Condensed by Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted ... Formatted: Font: Not Italic, Font color: Auto Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted: Font: 11 pt, Not Italic, Font color: Auto Formatted: Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted: Font: 11 pt Formatted: Font: Not Italic, Font color: Auto, Not Expanded by / Condensed by Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted ... Formatted ... Formatted ... Formatted ... Formatted: Font: Not Italic, Font color: Auto Formatted ... Formatted ... Formatted ... Formatted: Normal Formatted: Font: Bold Formatted ... Formatted: Font: Not Italic, Font color: Auto Formatted ... Formatted ... Packet Page. 124 University Hills Specific Plan Page 1-9 Should—: This type of policy will be followed in most cases and exceptions or degrees of implementation are acceptable with valid reasons. (Similar action words: encourage, supposed to)). Allow—: Permit someone else’s initiative and support it unless there is a very good reason not to. (Similar action words: permit.)). Restrict—: This type of policy sets specified limits within which action and/or implementation will occur. (Similar action words: control, limit, contain.)). Prohibit—: This type of policy requires the active prevention of specified conditions or decisions. (Similar action words: forbid, ban.)). Other terminology may appear in certain policy statements. These terms are to be interpreted according to their similarity to the appropriate term described above. Relationship to Other Plans General Plan Specific plans are required to be consistent with the goals and policies of the governing General Plan. The General Plan Consistency Analysis, included as Appendix BC, discusses how the project implements and exemplifies the goals and policies of the City of San Bernardino General Plan. Future subdivisions, building permits, and public works projects within the University Hills Specific Plan area must be consistent with this Specific Plan (Government Code, Sections 65455, 66473.5, 65860, and 65401). All projects that are found to be consistent with this Specific Plan will likewise be deemed consistent with the City’s General Plan. University Hills is a significant opportunity for the City to achieve many goals described in its General Plan, such as providing housing types suitable for a variety of lifestylesdistinct neighborhoods and incomes.preserving natural features. A detailed description of conformance with the City’s goals is provided in Appendix B.C. A General Plan Amendment will be processed to update the City of San Bernadino’s General Plan Land Use Map to reflect the land uses and densities proposed by the amended Specific Plan Land Use Plan. Zoning Paradise Hills Specific Plan The project site was formerly known as The Paradise Hills Specific Plan and approved in 1993 but never built. The Paradise Hills Specific Plan provided direction for the development of a 504-unit residential community with a development footprint of 229 acres and 175 acres of permanent open space. Formatted: Normal, Space Before: 0 pt Formatted: Font: Not Italic, Font color: Auto Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted: Font: Not Italic, Font color: Auto, Not Expanded by / Condensed by Formatted: Normal, Left, Indent: Left: 0", First line: 0", Right: 0", Line spacing: single Formatted ... Formatted: Font: Not Italic, Font color: Auto, Not Expanded by / Condensed by Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted ... Formatted: Font: Not Italic, Font color: Auto Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted ... Formatted: Font: (Default) +Body (Aptos), 11 pt, Bold, Font color: Auto Formatted: Normal, Indent: Left: 0" Formatted: Font: Bold Formatted ... Formatted: Normal, Left, Space Before: 0 pt Formatted: Font: Bold Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted: Normal, Left Formatted: Font: Bold Formatted ... Formatted: Normal, Left, Space Before: 0 pt Formatted: Font: Bold Formatted ... Formatted ... Packet Page. 125 Page 1- 10 June 2008 Introduction The University Hills Specific Plan replacesreplaced the Paradise Hills Specific Plan when it was adopted in 2008 and included a new land use map, zoning districts, development standards, design guidelines, and infrastructure requirements for the development of the site. This amendment to the Specific Plan replaces the originally adopted Specific Plan from 2008 and includes thea new land use map, zoning districts, development standards, design guidelines, and infrastructure requirements for the development of the site. University District Specific Plan University Hills is also located within the University District Specific Plan, which was approved November 1, 2005. The University District Specific Plan acts as the umbrella document for a 6,375-acre area, of which University Hills is a part. The intent of the University District Specific Plan is to “lay a foundation for the integration of the University into the surrounding community.” The University District Specific Plan focuses on creating: ■■ Pedestrian-oriented developments ■■ A seamless connection between the community and University ■■ A “university town” ■■ Enhanced link to regional recreation ■■ An efficient vehicular and pedestrian system ■■ A range of housing types to accommodate a wide range of population, including University faculty and staff. ■■ Quality housing The University District Specific Plan assumed the Paradise Hills Specific Plan in its land use plan and was amended to reflect the land plan for University Hills in conjunction with this project. As part of this amendment, the University District Specific Plan will be amended once more to reflect the new land use plan. Environmental Impact Report The California Environmental Quality Act (CEQA) was adopted to inform decision makers, staff, and the public about the potential environmental impacts of development. The CEQA process provides an opportunity to address potential impacts in order to maintain California’s environmental quality. Compliance with CEQA requires that a project be evaluated for potential impacts before being approved. The adoption of a specific plan or amendment to a specific plan is a project subject to CEQA. In accordance with CEQA, the City haspreviously prepared a subsequent Environmental Impact Report (State Clearinghouse No. 2007071155) to accompany the University Hills Specific Plan. The subsequent EIR analyzes the project and its alternatives to identify potential significant environmental impacts associated with the future of the University Hills Specific Plan area. The subsequent EIR is incorporated into this Specific Plan by reference and is attached under separate cover. Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted: Font: 11 pt, Bold, Font color: Auto, Character scale: 100% Formatted: Normal, Indent: Left: 0", Space Before: 0 pt Formatted: Font: Bold Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted ... Formatted: Font: 11 pt Formatted: Normal, Space Before: 0 pt, No bullets or numbering, Tab stops: Not at 1.35" + 1.35" Formatted ... Formatted ... Formatted: Normal, No bullets or numbering, Tab stops: Not at 1.35" + 1.35" Formatted ... Formatted: Normal, Space Before: 0 pt, No bullets or numbering, Tab stops: Not at 1.35" + 1.35" Formatted ... Formatted: Normal, Right: 0", Space Before: 0 pt, Line spacing: single, No bullets or numbering, Tab stops: Not at 1.35" + 1.35" Formatted ... Formatted: Normal, Space Before: 0 pt, No bullets or numbering, Tab stops: Not at 1.35" + 1.35" Formatted ... Formatted: Normal, Left, Indent: Left: 0", Line spacing: single Formatted ... Formatted: Font: (Default) +Body (Aptos), 11 pt, Bold, Font color: Auto Formatted: Normal, Indent: Left: 0" Formatted: Font: Bold Formatted ... Formatted ... Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted ... Packet Page. 126 University Hills Specific Plan Page 1- 11 Packet Page. 127 Introduction Page 1-10 June 2008 The amendment to the Specific Plan significantly reduces the density, conserves more open space, and generally reduces impacts identified in the adopted subsequent Environmental Impact Report (EIR). Therefore, an Addendum to the EIR has been prepared pursuant to Section 15164 of the CEQA Guidelines. The addendum to the EIR is incorporated into this Specific Plan by reference and is attached under separate cover, along with the subsequent EIR adopted in 2008. Surrounding Environment The University Hills project site is located in the foothills of the San Bernardino Mountains between the San Bernardino National Forest and CSUSB. In addition to these significant features, the geologic and hydraulic forces that have shaped the site, on and off-site infrastructure, and community concerns are critical to understanding the site. San Bernardino Mountains University Hills sits on the western flank of the San Bernardino Mountains, which run for approximately 60 miles east from the Cajon Pass to the Coachella Valley. The highest peak in the range is Mount San Gorgonio, which has an elevation of 11,501.6 ft and is the highest peak in southern California. Most of the range is located within the San Bernardino National Forest. The site itself is situated between the San Bernardino Mountains on the north and the much smaller Badger Hill on the south. Formatted: Font: +Body (Aptos), 11 pt, Bold, Font color: Auto Formatted: Left, Indent: Left: 0", Space Before: 0 pt Formatted: Font: +Body (Aptos), 11 pt, Bold Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Font: (Default) +Body (Aptos), 11 pt, Bold, Font color: Auto Formatted: Normal, Left Formatted: Font: Bold Formatted ... 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Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Packet Page. 128 University Hills Specific Plan Page 1-11 Seismic Faults University Hills is located within the San Andreas Fault zone and includes traces of active faulting associated with the San Andreas Fault. Accordingly, prior to the creation of the 2008 land plan, three (3) geologic studies, including extensive on-site studies and trenching, were conducted to pinpoint earthquake faults and geologic conditions within University Hills (see EIR appendices). In particular, eighteen18 trenches were dug in a north-south orientation to locate all fault trends within the site. As shown on Figure 1-.3, three (3) active faults were mapped in University Hills. The main fault is the South Branch of the San Andreas Fault, which runs in an east–west direction along the entire length of the project. This fault shapes the physical environment of the site and is the dividing line between steep and shallow slopes on the site. North of the South Branch are areas with slopes that are generally greater than 15 percent while south of the South Branch slopes are 0–15 percent. Approximately 600 feet north of the South Branch, is the Mill Creek Fault, which is not considered active, but, because of proximity to other faults, could result in ruptures. The third fault, the North Branch San Andreas Fault is located approximately 1,600 feet north of the South Branch and is considered active. The Alquist-Priolo Earthquake Fault Zoning Act, which was passed in 1972, is intended to prevent the construction of buildings used for human occupancy on active faults. The South and North Branches of the San Andreas Fault are active faults and, for purposes of this Specific Plan, the Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 129 Introduction Page 1-12 June 2008 Mill Creek Fault was treated as an active fault due to the proximity to the active faults. The land plan for University Hills must behas been designed to account for these faults and ensure that construction of habitable buildings will not occur within 50 feet of these three (3) faults. Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Packet Page. 130 University Hills Specific Plan Page 1-13 Figure 1-3 Earthquake Faults Packet Page. 131 Introduction Page 1-14 June 2008 This page intentionally left blank. Packet Page. 132 University Hills Specific Plan Page 1-15 Topography University Hills sits in the foothills on the western edge of the San Bernardino Mountains. The elevation of the site ranges from approximately 1,600 feet above sea level at its southerly boundary to an upper elevation of approximately 2,600 feet. As shown in Figure 1-4, the topography of the site varies from relatively flat in the southwest region to fairly steep and mountainous in the northern portion of the site. The South Branch of the San Andreas Fault divides the site into two basic geologic zones. To the south of the fault, an older alluvial plain slopes gradually to the southwest at an average gradient of 10 percent. To the north of the fault, the terrain is fairly steep as it rises into the San Bernardino National Forest with slope gradients varying from 15 to 80 percent. Hillside Management Overlay The Univer south with Bernardin and Badg The City has established the Hillside Management Overlay District to ensure change in that development occurs in a manner that, “Protects a hillside'shillside’s natural and topographic character and identity, environmental sensitivities, aesthetic qualities, and the public health, safety, and general welfare. This protection is obtained by ensuring that development does not create soil erosion, silting of lower slopes, slide damage, flooding problems, and severe cutting or scarring. It is the intent to encourage a sensitive form of development while still allowing for residential uses which complement the natural and visual character of the City and its hillsides.” The Hillside Management Overlay applies to average slopes of 15 percent or greater. Slopes less than 15 percent at the base of the hillsides are excluded from the density and development provisions of the Hillside Management Overlay. Figure 1-.4 shows the areas within University Hills that are subject to the Hillside Management Overlay. The development footprint for University Hills is primarily contained in areas with slopes less than 15 percent. A comparison of the provisions of thisThe University Hills Specific Plan has been designed and provides standards and guidelines to ensure that development within the property occurs consistent with the intent of the Hillside Management Overlay is provided in Appendix D.District. Slope Stability Slope failures can be hazardous to buildings, reservoirs, roads, and utilities. Therefore, the impact must be mitigated or structures need to be located in areas that will have the least potential to be impacted by this hazard. Accordingly, extensive on-site studies were conducted by a geologist to pinpoint landslide areas and are contained in the EIR appendices. the South Andreas F in this pho Formatted: Font: (Default) +Body (Aptos), 11 pt, Bold, Font color: Auto Formatted: Normal, Space Before: 0 pt Formatted: Font: Bold Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted ... Formatted: Font: 11 pt, Bold, Font color: Auto, Character scale: 100% Formatted: Normal, Left Formatted: Font: Bold Formatted ... Formatted: Indent: Left: 0", Right: 0" Formatted ... Formatted: Normal, Left, Indent: Left: 0", Line spacing: single Formatted ... Formatted: Font: 11 pt, Bold, Font color: Auto, Character scale: 100% Formatted: Normal, Space Before: 0 pt Formatted: Font: Bold Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted ... Packet Page. 133 Introduction Page 1-16 June 2008 As shown on Figure, 1-.5, historical landslide areas are located in the northern portion of the site north of the South Branch of the San Andreas Fault. Any development within these areas will require additional site specific, geotechnical investigation to establish slope stability, landslide limits, and determine appropriate development requirements. 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Packet Page. 138 Packet Page. 139 Introduction Page 1-20 June 2008 High Wind Areas The City of San Bernardino experiences periods of high velocity winds, especially in the Cajon Pass and at the bottom of canyons. These winds have been known to cause severe damage to roofs, utility poles, and traffic signals. University Hills is included in the City’s designated High Wind Area, which has certain, appropriate building standards. At the time development occurs, buildings will be required to comply with the building standards for this area and should be designed and oriented to avoid the creatio n of “wind tunnels” that concentrate gusts in corridors. Wind “breaks” in the form of landscaping, walls, or other architectural features can be used to provide protection from strong winds. Wildland Fires Because of the adjacent San Bernardino National Forest, steep slopes, and high winds, the University Hills area is at risk from wildland fires. Chapter 19.15 of the San Bernardino Development Code, Foothill Fire Zone Overlay District, has been established to, “…mitigate the spread of fire, to help minimize property damage and to reduce the risk to the public health and safety.” The Foothill Fire Zone Overlay District identifies three (3) fire zones with different degrees of hazard based on slope, type of fuel, and natural barriers. The foothill fire zones are: ■■ Fire Zone A, Extreme Hazard, includes areas with slopes of 30 percent or greater. ■■ Fire Zone B, High Hazard, includes area with slopes of 15–30 percent ■■ Fire Zone C, Moderate Hazard, includes those areas with slopes of 0 –15 percent As required by the Foothill Fire Zone, a slope analysis is included with this Specific Plan. Figure 1-6 depicts the three fire zones and theThe limits of development proposed in University Hills. are mostly in Zone C, but have a very high hazard according to CalFire, see Figure 1.6. Areas within the Foothill Fire Zones/ Fire Hazard Zones are required to be developed in a manner that uses proper building separation, landscaping, and building materials; provides adequate emergency access; maintains adequate evacuation routes; and ensures the availability of water resources in the event of a fire. To ensure the safety of property and lives, as part of the amendment to the University Hills Specific Plan, a detailed fire safety analysis was conducted by FireSafe Planning Solutions and a Fire Protection Plan was prepared (see Appendix C).Dudek. The fire analysis factored in wind patterns, fuel types (vegetation), topography, weather patterns, and historical burn patterns to determine the potential severity of wildfires and appropriate protection methods. 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Packet Page. 140 University Hills Specific Plan Page 1-21 Using the BEHAVE Computer Fire Behavior Prediction and Fuel Modeling System, FireSafe Planning Solutions assumed a worst case scenario of Santa Ana winds (north-east winds) and the prevailing south-west wind to determine potential flame height, rate of spread, and spotting distance.An analysis utilizing the BehavePlus software package was conducted to evaluate fire behavior variables and to objectively predict flame lengths, intensities, and spread rates for five modeling scenarios. These fire scenarios incorporated observed fuel types representing the dominant on-site and off-site vegetation on vacant land to the north, south and west, in addition to slope gradients, and wind and fuel moisture values for both the 50th percentile weather (summer, on-shore winds) and the 97th percentile weather (fall, off-shore winds). Modeling scenario locations were selected to better understand different fire behavior that may be experienced on or adjacent to the Project site. These results were then used to determine the safest combination of preventative measures that will ensure the protection of property and lives. The recommended preventative measures are included as standards in this Specific Plan in the form of fuel modification zones, setbacks, landscaping methods/materials, construction materials/methods, and building protection systems. 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Packet Page. 143 Introduction Page 1-24 June 2008 Packet Page. 144 University Hills Specific Plan Page 1-25 Flooding and Drainage Because University Hills sits on an alluvial plain on the slopes of the San Bernardino Mountains, flooding and drainage are critical factors. A hydrology study, contained in EIR appendices, was conducted by PBS&J in October 2007 to carefully study the drainage patterns affecting the site. As shown on Figure 1-.7, the site is located on a sort of island, sandwiched between two (2) major drainage areas that direct most of the off-site drainage around the project site. Consequently, the site itself receives limited off-site drainage and the volume of storm flows and flooding are not as great as might otherwise be anticipated. At a regional level, the watershed draining into the project site is surrounded by Devil’s Canyon to the west and north and Waterman Canyon to the east and south, which take the majority of flows from the upper San Bernardino Mountains around University Hills. Locally, drainage primarily goes to Devil’s Canyon to the northwest and Sycamore Canyon to the east. Devil’s Canyon drains into the existing flood control facilities and continues along Campus Parkway. Sycamore Canyon drains into the existing flood control basin east and south of the project site before continuing south into a covered, concrete-lined channel that crosses Northpark Boulevard in Little Mountain Drive. Also shown on Figure 1-.7, the total on-/off-site area draining into the project site is approximately 900 acres. The most significant on-site drainage is contained within Badger Canyon, which drains an area of approximately 460 acres. Badger Canyon cuts through the middle of the project site and between the western and eastern development areas. It drains into the existing North Badger Basin at the base of Badger Hill, which acts as the first stage basin for collecting debris. Drainage then flows westerly through an existing earthen-sided flood control channel into West Badger Basin before entering a levee and continuing west to Devil’s Canyon. In addition to Badger Canyon, the University Hills site contains four (4) other Views of t existing dr which are by SBCFC shows the drainage small drainage courses. One (1) unnamed stream runs between the two (2) easterly southern e The photo parcels, Planning Areas 18 and 20, of the project site. Three (3) other unnamed the West B small drainage courses run through the westerly parcel, Planning Area 1. The existing debris basins, detention basins, and percolation basins outside of, but adjacent to, the project boundary are maintained by the San Bernardino County Flood Control District (SBCFCD). Figure 1-.8, shows the drainage on the site itself in greater detail, including those portions of the site that are classified as being within the 100-year flood zone. Development within a 100-year flood zone is prohibited unless adequate protection from flood hazards is provided. facility, w Formatted: Font: (Default) +Body (Aptos), 11 pt, Bold, Font color: Auto Formatted: Normal, Space Before: 0 pt, Page break before Formatted: Font: Bold Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted ... Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted ... Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted ... Formatted: Normal, Left, Indent: Left: 0", Space Before: 0 pt, Line spacing: single Formatted ... Formatted ... Formatted: Not Expanded by / Condensed by Formatted: Normal, Indent: Left: 0", Line spacing: single Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted ... Formatted: Normal, Left, Indent: Left: 0", Line spacing: single Formatted ... Packet Page. 145 Introduction Page 1-26 June 2008 The University Hills site itself drains into both the Badger and Sycamore basins. Approximately 70 percent of the site drains in a westerly direction to the Badger Basin and the remaining 30 percent of the tributary area flows east toward the Sycamore basin. Also shown on Figure 1-.8 are several drainage seeps, which are formed by groundwater trapped north of the South Branch of the San Andreas Fault. The seeps can lead to minor nuisances or, in extreme cases, slope failure. Development or grading involving a seep will need to be evaluated on a case-by-case basis and appropriate remedial measures taken. In the areas identified with landslide potential, Figure 1-.5, any nearby seeps must be carefully evaluated with the geotechnical evaluations. Potential remedial measures include stabilized fill with a backdrain system and will be determined during the grading permit process. Water District Pipeline A 75-inch pipeline owned by the San Bernardino Valley Municipal Water District crosses the site southwest–northwest. The pipeline is located within a 50-foot, non-exclusive easement and is depicted on Figure 1-.8. The pipeline and easement will be maintained in place. According to the Water District, the pipeline shall not be covered by more than 20 feet or less than 5 feet of fill. The pipeline easement may be used for roadways, landscaped areas, and parks but not for permanent structures. ict’s ngth of Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted: Normal, Indent: Left: 0" Formatted: Font: 11 pt, Bold, Font color: Auto Formatted: Font: Bold Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Packet Page. 146 University Hills Specific Plan Page 1-27 Figure 1-7 Regional Drainage Packet Page. 147 Page 1-28 June 2008 Introduction Packet Page. 148 University Hills Specific Plan Page 1-29 This page intentionally left blank. Figure 1-8 Local Drainage and Flooding Packet Page. 149 Page 1-30 June 2008 Introduction Packet Page. 150 Packet Page. 151 Introduction Page 1-30 June 2008 CSUSB University Hills is located immediately north of CSUSB and its relationship with the campus is a critical consideration for the long- range vision of the City of San Bernardino and the University. Not only is University Hills is accessed through the campus, but somethe CSUSB’s Murillo Family Observatory is located to the south of the site, the University previously held classes useon the project site to study local habitat and geology, and the campus has direct views of the site. Founded in 1965, CSUSB is the only state university serving the Riverside- San Bernardino area. As of 2007, the University offered more than 70 degrees and certificates through five (5) academic colleges—Arts and Letters, Business and Public Administration, Education, Natural Sciences, and Social and Behavioral Sciences. The University’s enrollment has been increasing approximately 5 percent each year and as of 2007 it served approximately 17,000 students. The University currently anticipates serving approximately 20,000 students by 2010. The University is also projected to provide 2,800 on-campus student- housing units. The master plan for CSUSB is shown on Figure 1-9. As seen on the master plan, student housing is planned on the northern portion of the campus, closest to the University Hills project site. The University serves more than 20,000 students each year and graduates about 4,000 students annually. As stated in the General Plan and University District Specific Plan, CSUSB A photo o represents a major opportunity in the City and must be carefully integrated toward th into future development plans. Accordingly, thisThe originally adopted Specific Plan has been Mountains was created with the input and participation of CSUSB staff through several (top) and workshops and meetings. The guiding vision, objectives, and land plan for the protec University Hills were developed in collaboration with CSUSB staff. In addition, access to University Hills comes from Campus Parkway and Little Mountain Drive, which traverse the campus in existing right-of-way easements. These easements will be maintained for University Hills. The amendment to the University Hills Specific Plan has also been reviewed and discussed with CSUSB staff. It should be noted, that although CSUSB originally expressed a desire to utilize the University Hills open space for research and outdoor classes, CSUSB is reevaluating usage of the property; however, the developer continues to be amenable to the original “Land Laboratory” concept of the original Specific Plan and the area has been designated for open space uses (Planning Area 4). According to CSUSB, its faculty conducts long- and short-term research on the University Hills site. The University Hills site contains the San Andreas fault system, seeps, a variety of natural vegetation (e.g., woodland and riparian vegetation, upland chaparral slopes, and sage scrub), and natural drainage areas that present educational opportunities to the biology, geology, geography and environmental studies, and science education departments. Accordingly, CSUSB desires to continue conducting research on the University Hills site and has requested that lands be set aside for this p u r p o s e . CSUSB is also contemplati ng buildingbuilt an observatory Formatted: Font: +Body (Aptos), 11 pt, Bold, Font color: Auto Formatted: Indent: Left: 0", Space Before: 0 pt Formatted: Font: +Body (Aptos), 11 pt, Bold Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, Line spacing: single Formatted ... Formatted: Normal, Left, Indent: Left: 0", Right: 0", Line spacing: single Formatted ... Formatted ... Formatted ... Formatted ... Formatted: Normal, Left, Indent: Left: 0", Line spacing: single Formatted ... Formatted ... Formatted: Normal, Left, Indent: Left: 0", Line spacing: single Formatted: Not Expanded by / Condensed by Packet Page. 152 This page intentionally left blank. University Hills Specific Plan Page 1-31 on the adjacent Badger Hill. No detailed plans were available at the time of the adoption of this Specific Plan. However, the potential, the Murillo Family Observatory. The location of the observatory is depicted on Figure 1-.9. University Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Packet Page. 153 Page 1-32 June 2008 Introduction Views As noted, University Hills is located on the slopes of the San Bernardino Mountains and enjoys views into the city and valley below. Development of the site may also be seen from the lower elevations. As shown on Figures 1-.10 and 1-.11, views of the site from the lower elevations are largely blocked by Badger Hill, which is directly south of the project site. As seen in the section views, Figure 1-.11, local topography determines the visibility of the site. Future development of the site must take into account the views of the site from the surrounding community, and development on the steeper slopes and ridgelines should be avoided to minimize view impacts. Biology Biological assessments were conducted in 1990, 1993, and 1994 in conjunction e Canyon with the previous Paradise Hills Specific Plan. Since that time, there have from the beenBetween the adoption of the Paradise Hills Specific Plan and the 2008 University Hills Specific Plan, there were changes on the site that necessitated a reevaluation of the biological the conditions. Namely, the San Bernardino Kangaroo Rat (SBKR) was listed as iately an endangered species and critical habitat designated on the site. The site photo of nd CSUSB was also burned in 2003, which resulted in a change in plant species. In 2005, Natural Resource Assessment, Inc. (NRA) conducted a general biological ction of survey to update the previous studies (see the EIR appendices). NRA nd tom). conducted a trapping study for the SBKR, protocol surveys for the California gnatcatcher, and jurisdictional and wetland delineations. The major findings of the updated The survey are as follows: ■■ The 2003 Old Fire destroyed much of the original chaparral scrub on the lower alluvial slope, but the habitat appears to be making a complete recovery. ■■ When the United States Fish and Wildlife Service (USFWS) designated critical habitat for the SBKR in 2002, it included approximately 74.77 acres of University Hills. However, the USFWS proposed changes to the critical habitat report was updated in 2007, which would exclude University Hills. Since 2005, no SBKR have been found on the site and 2008 and included in the appendices for the Environmental Impact Report adopted with the original University Hills Specific Plan. ■■ When the USFWS designated critical habitat for the gnatcatcher in 2000, it included the University Hills property. However, in 2003 the USFWS proposed that the University Hills property be excluded from the gnatcatcher critical habitat area. This proposed exclusion has not been made final and the 2000 designated critical habitat boundary must be used. The California gnatcatcher was not found on the site. Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 154 University Hills Specific Plan Page 1-33 ■■ Several sensitive but unlisted species are either recorded or are likely to be present. ■■ Badger Canyon and the associated riparian plant communities represent the best quality wetland habitat on site. Other drainages, particularly in the southwest on the alluvial fan, have no wetland habitat. ■■ The property is adjacent to undisturbed open space on the north and partially on the south. The southern open space is small and is bordered by development. The remaining sides are either adjacent to development or to otherwise disturbed habitat. Unauthorized off-road highway use is frequentWith the amendment to the University Hills Specific Plan, the project area was reassessed and an updated Biological Technical Report was prepared due to the amount of time that passed since the previous surveys. The Biological Technical Report incorporated the findings of the general biological surveys conducted by VCS on June 3, 2021, and the focused surveys for least Bell’s vireo (LBV), coastal California gnatcatcher (CAGN), San Bernardino kangaroo rat (SBKR), and rare plants. Protocol level surveys for the California gnatcatcher were completed in May and June of 2022. Presence/absence trapping study for the San Bernardino Kangaroo Rat and other sensitive small mammals were completed in August and September of 2022 by Kidd Biological, Inc. Rare plant surveys were conducted over several weeks during the blooming period of 2022 by botanist CJ Fotheringham. Focused least Bell’s vireo surveys were conducted in April, May, June, and July 2022 by VCS biologists. The major findings of the surveys are as follows: The Project site consists of undisturbed habitat at the foothills of the San Bernardino Mountains. The Badger Canyon riparian drainage on the property, particularly in the lower alluvial fancentral-eastern portion of the survey area. There is some off-road use supports high value biological resources associated with the intermittent flowing waters in the canyon. Many ephemeral drainages are present throughout the survey area to support many other varieties of vegetation communities. Several native tree and shrub species, a combination of riparian associated vegetation as well as chaparral and scrub vegetation, have established themselves on the sloping habitat of the foothills. Plummer’s mariposa lily was observed within the areas surveyed and was also previously observed and documented in the Draft EIR. ■■ California walnuts and California walnut groves are found onsite. California walnut groves are primarily located in Badger Canyon, but this is more limited to the existing roadsan area of the Project site that will be preserved in its natural state. Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt, Not Expanded by / Condensed by Formatted: Normal, Left, Right: 0", Space Before: 0 pt, Line spacing: single, No bullets or numbering, Tab stops: Not at 3.35" Formatted: Font: 11 pt Formatted: Font: 11 pt Packet Page. 155 Page 1-34 June 2008 Introduction Packet Page. 156 University Hills Specific Plan Page 1-35 This page intentionally left blank. Figure 1-9 CSUSB Master Plan Packet Page. 157 Page 1-36 June 2008 Introduction Packet Page. 158 University Hills Specific Plan Page 1-37 This page intentionally left blank. Figure 1-10 Views Packet Page. 159 Page 1-38 June 2008 Introduction Packet Page. 160 University Hills Specific Plan Page 1-39 This page intentionally left blank. Figure 1-11 Section Views Packet Page. 161 Page 1-40 June 2008 Introduction A total of 65 wildlife species or signs thereof were observed during field surveys. Project design, including the designation of Planning Area 4 for open space and avoidance of a drainage course in Badger Canyon, reduces impacts to wildlife and other biological resources. The Biological Technical Report concluded that, consistent with the previously certified EIR, the project would not significantly impact biological resources and that the previous mitigation measures from the EIR were appropriate. Formatted: Left: 0.5", Right: 0.5", Top: 0.5", Bottom: 0.5", Suppress Endnotes, Header distance from edge: 0.5", Footer distance from edge: 0.5" Formatted: Normal, Space Before: 0 pt Formatted: Font: +Body (Aptos), 11 pt Packet Page. 162 University Hills Specific Plan Page 2- 1 DEVELOPMENT PLAN Chapter 2: Development Plan Vision and Objectives This section describes the vision and objectives that guided the creation of University Hills. The vision and objectives were developed through an extensive outreach process that included CSUSB officials, City staff, local community stakeholders, and City Planning Commissioners and Council members. Vision Community People are searching for community and social connections. Provide this, and a place will have an attraction that transcends its physical place. As is suggested by the name, University Hills captures this elusive quality through careful integration with, as the name suggests, CSUSB and the hillsides upon which it sits. Several factors will foster community, including: ■■ Placing housing in close proximity to CSUSB, which is a goal of the City’s General Plan and the University District Specific Plan and will help attract educators to live in San Bernardino. ■■ Accommodating up to 60 faculty units, which will create a direct and long-lasting relationship with CSUSB. ■■ Orienting the development and clubhouse toward CSUSB. ■■ Allowing CSUSB to share conference facilities in the clubhouse. ■■ Dedicating approximately 235Preserving over 300 acres of permanent open space to CSUSB as a “Land Laboratory” to study the area’s biological diversity and geology. ■■ Providing pathways that directly connect the site with CSUSB, regional trail systems, and the San Bernardino National Forest. ■■ Carefully weaving University Hills into its physical surroundings by clustering development on the lower slopes and away from physical hazards, such as faults and biological resources, preserving significant drainage ways, and using fire- resistant and drought-tolerant landscaping. ■■ Allowing residents the opportunity to live, work, and play in the immediate area. This reduces the need to use the automobile, which Style Definition: Table Paragraph Style Definition ... Style Definition ... Style Definition ... 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Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 163 Examples of the physical community envisioned in University Hills. Packet Page. 164 University Hills Specific Plan Page 2- 1 Page 2- 2 Examples of the range of distinctive living opportunities envisioned in University Hills. in turn reduces congestion, improves air quality, fosters walking, and improves overall health and wellness levels. Promoting the Murillo Family Observatory and Fairview Historic Site by providing wayfinding signage along Badger Canyon Road and improving the roadway. Diversity and Equity In addition to a sense of community, consumers are looking for choice and diversity. University Hills will offer a mixture of housing types that accommodate a range of the market spectrum, including first-time buyers, young singles and, couples, and families, empty-nesters, seniors, and CSUSB faculty.. University Hills will include residential choices ranging from detached residential homes, small- on two different lot detached homes, townhouses, and stacked flats. Because there will be a diversity of product types and sizes, University Hills will provide an equally wide range of housing pricesas seen in Figure 2.2, with equal access to onsite amenities, such as parks and trails. The diversity of housing choices includes up to 60 units for faculty housing. As noted, this has the added benefit of attracting teachers to the community and strengthening the ties between the City and University. A Distinctive Place There is an attention to detail that sets University Hills apart from other planned communities, including: ■■ A special location between CSUSB and the San Bernardino National Forest. ■■ Unique entries that create a recognizable identity and sense of arrival at Campus Parkway and Little Mountain Drive. ■■ The provision of a vital open space area in the hang-gliding approach zone of the adjacent Andy Jackson Airpark. ■■ A rich palette of landscaping that is fire-resistant and drought tolerant and is carefully located to provide shade and highlight significant features. ■■ An interconnected system of open spaces that serves multiple purposes as drainage courses, pedestrian pathways, recreational and visual recreation and amenities, and separations between neighborhoods. ■■ On-site educational and interactive elements such as the Land Laboratory and California Walnut Grove Park. ■■ Distinctively designed residences set among a system of unified lighting, streetscape, landscape, parks, and community signage. Integration and Linkage University Hills will be integrated and linked both internally and with surrounding uses. This is achieved through communal and physical elements including: Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 165 Packet Page. 166 University Hills Specific Plan Page 2- 3 ■■ A vital connection to CSUSB through the provision of faculty housing, the Land Laboratory, trails, conference facilities, and the California Walnut Grove Linear Park. ■■ Access to the Land Laboratory via the trails and on-/off-site trailhead parking. Packet Page. 167 Development Plan Page 2- 4 June 2008 Integration and Linkage University Hills will be integrated and linked both internally and with surrounding uses. This is achieved through communal and physical elements including: ■■ Within the developed areas, slopes and drainage ways that are used as pathways and open space corridors. ■■ Multiple use of the South Branch of the San Andreas as an open space corridor, a fire break, and for multimodal, nonvehicular circulation. ■■ The provision of a portion of the planned regional multipurpose trail, which in University Hills follows the South Branch of the San Andreas Fault and runs the length of the project. Environmental Sensitivity Because of its location, environment, and proximity to CSUSB, there is a unique opportunity for University Hills to be woven into its physical surroundings and include elements that highlight this vital relationship, including: ■■ Evolving the land plan from the physical realities of the site instead of altering the site to suit external needs. This involves: Concentrating the development footprint to an area that is generally below 15 percent slope and avoids physical hazards and significant drainage ways to limit the area of grading and disturbance. Preserving significant watersheds and incorporating them into the land plan as open space, drainage and recharge, and pathways. Preserving severely sloped areas and seismic hazard areas as permanent open space areas. ■■ Respecting views from the lower elevations by avoiding development on the upper elevations of the site and carefully selecting/orienting residential products on the perimetersouthern portion of the project site. ■■ Providing educational opportunities including the permanent open space that will be used as a Land Laboratory by CSUSB, preservation of the California Walnut Grove in Badger Canyon, and access to study the San Andreas Fault system. Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" Formatted ... Formatted ... 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Packet Page. 168 University Hills Specific Plan Page 2- 5 ■■ Using lighting systems that will respect habitat in the adjacent National Forest and the requirements of the potential future CSUSB Murillo observatory on Badger Hill. Guiding Objectives To achieve the vision, the following will serve as the guiding objectives for University Hills. Community Design. Establish a strong community identity through the integration of design and architectural standards in the Specific Plan and a rich pattern of landscaping, streetscaping, signage, and architecture to create attractive, walkable, and distinctive neighborhoods. Create gateways to the community through the design of entries and public spaces along entry roads Community Experience. Create a direct connection to CSUSB through accommodation of faculty housing, conference facilities, and educational opportunities. Create a neighborhood focal point for the community as well as strong, independent, yet well-connected neighborhoods, each with unique designs and amenities. Wise Land Plan. Cluster and focus development so that the development footprint is minimized, is concentrated on the lower slopes, avoids and/or minimizes hazards, and maintains significant natural drainages and habitat areas. Safety. Account for the potential impacts of the hazards posed by seismic activity and wildland fires in the design of University Hills. Housing Opportunities. Provide different lot sizes to create a wide varietymix of housing types, densities, designs,homes and price ranges that, accommodate a broad spectrum of income levels and lifestyles, and respond to both local and regional housing needs, and provide housing opportunities for CSUSB staff. Connections. Organize and integrate land uses to promote pedestrian- oriented circulation patterns and reduce the number and length of vehicular trips. Orient the development to integrate with CSUSB to the greatest extent possible.Connections. Provide a safe and pedestrian-oriented network of walkways that connect to the City’s regional trail system. Health and Wellness. Promote personal health through walkable design, integrated pathways with connections to CSUSB, regional trail systems, the Land Laboratory, carefully located parks and amenities, and educational features that invite exploration and connection with the physical features of the site. Provide permanent open space for educational and recreational opportunities. Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" Formatted ... 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Incorporate active and passive energy and resource conservation measures, such as a compact design, preservation of significant drainage corridors, provision of bioswales for water quality, provision of pedestrian pathways, provision of faculty housing with immediate accessin close vicinity to CSUSB, and utilization of green building techniques/materials. Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 170 University Hills Specific Plan Page 2- 7 University Hills As conceptually shown on Figure 2-.1, University Hills is a highly customized 404-acre residential development that is nestled in the foothills of the San Bernardino Mountains immediately adjacent to CSUSB. Because of the geologic and hydraulic forces that have shaped the site, the development footprint of University Hills is focused onto approximately 170104 acres, or only 4225 percent of the total site. Development is mainly concentrated south of the South Branch of the San Andreas Fault on the lower portions of the site where the slopes are generally below 15 percent. North of the South Branch of the San Andreas Fault, approximately 235300 acres, or 5875 percent of the site, remains undeveloped and is designated as permanent open space. As discussed below, this open space area will be used by CSUSB as a laboratory to study the local biology, habitat, and geology. Within the developable footprint, University Hills accommodates a maximum of 980327 dwelling units, which are distributed among neighborhoodsin a single neighborhood that are separated byhas access to open space corridors, drainage ways, roadways, and sloped areas and interconnected by a system of pathways, a centrally located clubhouse offering recreational and community amenities, four neighborhood parks, and landscaping, and streetscape amenities. Planning Area 1 allows for residential development, specifically, detached single family housing. The minimum lot size allowed in the Specific Plan is 2,750 square feet, but lot sizes throughout the planning area vary in size and are as large as 3,600 square feet. The gross density of the project is 1.25 dwelling units per acre based on the entire Specific Plan acreage of 404 acres. The net density of the Specific Plan is 3.1 dwelling units per acre based on the acreage of Planning Area 1 (104 acres), where all of the residential development occurs. Residential densities range from 0 to 20 dwelling units per acre. The large-lot detached residences (0–3.1 units per acre) are located north of the South Planni Branch of the San Andreas and include single-family detached estate homes, as conceptually shown in Figure 2-2. Immediately south of the South Branch of the San Andreas are the standard-lot detached residences (3.2–9.0units per As sho land pl is divid acre) that include single-family detached, small-lot detached units, and Plannin cluster court homes, as conceptually shown in Figure 2-3. Mixed Plannin detached/attached residences (9.1–15.0 units per acre in Planning Areas 5 throug and 13 and 9.1-17.0 units per acre in Planning Areas 10, 14, and 20), Plan to including small-lot detached, clustered, and townhome products, as conceptually shown in Figure 2-4, are located in the interior and perimeter of the site. The attached residences (15.1–20.0 units per acre) are generally f o c Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 171 Development Plan Page 2- 8 June 2008 used in the interior portions of the community around the clubhouse and behind Badger Hill. The higher density products include stacked flats, townhomes, and clustered courtyard developments, as conceptually shown in Figure 2-5. Four acres of the highest density area (Planning Area 16) will be dedicated to CSUSB for exclusive use as faculty housing. and fe Packet Page. 172 University Hills Specific Plan Page 2- 9 This page intentionally left blank. Packet Page. 173 Page 2- 10 June 2008 Development Plan Figure 2-1 Conceptual Development Plan Packet Page. 174 University Hills Specific Plan Page 2- 11 This page intentionally left blank. Packet Page. 175 Development Plan Page 2- 10 June 2008 Figure 2-2 Conceptual Large-Lot Detached Units Packet Page. 176 University Hills Specific Plan This page intentionally left blank. Page 2- 11 Packet Page. 177 Development Plan Page 2- 12 June 2008 Figure 2-3 Conceptual Standard-Lot Detached Units Packet Page. 178 University Hills Specific Plan This page intentionally left blank. Page 2- 13 Packet Page. 179 Development Plan Page 2- 14 June 2008 Figure 2-4 Conceptual Mixed Detached/Attached Units Packet Page. 180 University Hills Specific Plan This page intentionally left blank. Page 2- 15 Packet Page. 181 Development Plan Page 2- 16 June 2008 Figure 2-5 Conceptual Attached Units Packet Page. 182 University Hills Specific Plan This page intentionally left blank. Page 2- 17 Packet Page. 183 Development Plan Page 2- 18 June 2008 Open Space System As shown on Figure 2-6.3, University Hills includes an unparalleled system of open spaces that can be used for educational and public/private recreational purposes. In all, University Hills provides 245347 acres of usable open spacesopen space, consisting of 8 acres of passive parks, 39 acres of open space in Planning Area (PA) 1, and the 300-acre PA 2 permanent open space, as detailed in Table 3.6. CSUSBBadger Canyon Open Space As shown in Figure 2.1 Land Laboratory University Hills includesUse Plan, approximately 235300 acres ofare designated as permanent, natural open space located generally north of the developable area. Thiswithin Planning Area 2. The open space area is shown as Planning Area 24 on Figure 2-9not considered suitable for development and is depicted in greater detail on Figure 2-6. The Land Laboratory will be used by CSUSBremain as primarily unimproved land except for roadway improvements and potentially others to study local vegetation, habitat, natural drainages, geology, and to aid in teaching programs.trails. The main use of the Land Laboratory is as undisturbed and natural open space; however, the following types of uses may also be accommodated: ■■ Pedestrian trails and bridges ■■ Caretaker unit ■■ Amphitheater Photo of t ■■ Informational displays and kiosks will be de Restroom ■■ San Andreas fault stations (excavations or road cuts into bedrock open spa as a Land where geology can be studied) local geo ■■ Gauging station to measure stream flows It is intended that the Land Laboratory will be dedicated to CSUSB, who will be responsible for its maintenance and improvement. The Land Laboratory will be used by CSUSB faculty and students, who can utilize the parking area in the California Walnut Grove Linear Park or walk/bike to the site. Public access will be restricted to the existing trails and paths by a combination of signage, fencing, and physical barriers (e.g., rock piles at trails). Public trails will be maintained through a landscape and lighting maintenance district (LLMD) and a d m i n i s t e r e Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Italic, Font color: Auto, Ligatures: Standard + Contextual Formatted: Font: Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: Aptos, 11 pt, Ligatures: Standard + Contextual Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 184 University Hills Specific Plan This page intentionally left blank. Page 2- 19 d by the Parks Department. Water tanks, utilities, and associated facilities Learning center On-Site Parks The land plan for University Hills also includes approximately 108 acres of parks, including: ■■ The 2.2-acre private community clubhouse, which may include conference facilities, meeting rooms, a pool, spa, outdoor fireplace habitat. Photo of t unimprov drainage become t Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 185 Page 2- 20 June 2008 Development Plan and/or fire pit, barbeques, picnic area, a tennis court, children’s wading pool, and other amenities ( in Planning Area 7 on1 as shown in Figure 2- 9). ■■ The 5-acre California Walnut Grove Linear Park, which preserves a native stand of trees along Badger Creek and includes pathways and educational elements (Planning Area 21 on Figure 2-9). ■■ Two half-acre public neighborhood .3 “University Hills Open Space.” Three (3) parks connected by a linear paseo are located near within the eastern edgecentral portion of the project (Planning Areas 17 and 19 on Figure 2-9). ■■ Area. The 2.1-acre Glider Park, which provides a safe approach zone for the hang gliders landing at the adjacent Andy Jackson Airpark and accommodatesthree (3) parks include amenities such as an outdoor amphitheater and picnicincluding open lawn areas (Planning Area 1 on Figure 2-9)., seating, picnic tables, exercise stations and a tot lot and are connected by an eight (8) foot wide trail and six (6) foot wide sidewalk. ndy iversity to ned in Trails As shown on Figure 2-6.3, University Hills includes a rich system of internal pedestrian trails that interconnect all neighborhoods and provide connectionsconnects the neighborhood in PA1 to the surrounding areas and region. Most significantly, the South Branch of the San Andreas is utilized for thea regional multipurpose trail, which runs the length ofthrough the project. In addition, several natural drainage ways and sloped areas are used as open space corridors and pathways. Little Mountain Drive and Campus Drive includeincludes pedestrian paths/sidewalks and bike lanes connecting to CSUSB and the region. 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Packet Page. 189 Development Plan University Relationship University Hills is designedlocated immediately north of CSUSB and programmed to create a long-term and synergisticits relationship with CSUSB. In particular,the campus is a consideration for the long-range vision of the City of San Bernardino and the University. University Hills directly responds to input from the Universityis accessed through the provision of land for faculty housing, the 235-acre Land Laboratory, pathways, bike lanescampus, the CSUSB’s Murillo Family Observatory is located to the south of the site, and the California Walnut Grove Linear Parkcampus has direct views of the site. In addition, University Hills is designed to minimize the impacts of light intrusion and spillover. CSUSB is contemplating building an observatoryhas built the Murillo Family Observatory on Badger Hill immediately adjacent to University Hills. To help preserve a dark nighttime sky, this Specific Plan includes strict controls on the type and design of lighting. Finally, given the faculty housing and the fact that the clubhouse is only ¾ of a mile from the transit station at CSUSB, which is the end of the Omnitrans Bus Rapid Transit (BRT) line, a shuttle would be ideal. As detailed in Chapter 3, Development Criteria, the developer has committed to work with Omnitrans and CSUSB to accommodate shuttle service in University Hills, and a potential shuttle route has been offered through this Specific Plan. View of C Sustainability Hills (top) campus t University Hills is committed to creating a sustainable, resource-efficient Bernardin community. Accordingly, the University Hills Specific Plan includes an innovative commitment, at the planning stage, to sustainable practices. As detailed in Chapter 5, Sustainability Guidelines, this Specific Plan includes guidelines that address sustainable and green building practices for the individual building as well as overall community design. The sustainability guidelines address the use of active and passive energy and resource conservation measures—such as efficient landscaping and building designs—and utilization of other green building techniques/materials. The land plan for University Hills is based on this commitment. In particular, development is focused on only 4225 percent of the total site near the clubhouse, recreational amenities, and CSUSB, which will help reduce the need to use cars. In addition, significant drainage corridors are preserved and incorporated as open space, recreational amenities, and fire protection zones. Of particular importance, the land owner has committed to ensuring that construction in the Attached Residential land use category, faculty housing, and clubhouse are certified as Leadership in Energy and Environmental Design (LEED®) by the United States Green Building Council (USGBC). Another critical sustainability issue is water and watershed management. The compact design limits the development footprint so that open lands that Examples sustainab Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... 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Packet Page. 190 University Hills Specific Plan Page 2- 23 University panels, w pedestria Page 2-22 June 2008 bioswale Packet Page. 191 Packet Page. 192 University Hills Specific Plan Page 2- 23 can absorb runoff are maximized; natural drainage ways are maintained and incorporated into the design of the project as open space amenities; landscaping and irrigation materials and methods are designed to increase efficiency and minimize water demand; permeable surfaces and pavements will be used in appropriate areas to minimize urban runoff; and efficient, water- conserving technologies, such as low-flow toilets and smart irrigation controllers, are used. Fire Protection University Hills is located within a designated high fire hazard area. In fact, the area burned in the 2003 Old Fire. The long-term safety of the community is paramount to any development in the area. Accordingly To ensure the safety of property and lives, as part of the amendment to the University Hills Specific Plan, a detailed fire safety study has beenanalysis was conducted and a thoroughby Dudek. The fire analysis factored in wind patterns, fuel types (vegetation), topography, weather patterns, and historical burn patterns to determine the potential severity of wildfires and appropriate protection plan developed. As detailed in Chapter 3 and Appendix C, the methods. The fire protection plan for University Hills, which was developed based on the results of the fire safety analysis, includes setbacks, landscaping, construction, and building protection techniques that will protect development from wildland fires. Significant provisions of the fire protection plan include: ■■ The protection of structures through the use of noncombustible exterior building materials; restriction on the use of cornice and eave vents; fire sprinklers; and compliance with the most current fire codes. ■■ Greater levels of structure protection on the perimeters of the project. ■■ Placement of streets on the perimeter of the project to provide a firebreak and a first line of defense against fires. ■■ Adequate access and maneuverability for fire protection vehicles. ■■ Careful placement of fire hydrants and design of structures to facilitate fire suppression efforts and fire hose access. ■■ Strict landscape and use zones, called fuel modification zones, which include private yards and extend approximately 120- 23050-150 feet from structuresthe private yards of individual lots. Within the fuel modification zones, there are restrictions on the type, spacing, irrigation, and maintenance of landscaping. ■■ Clear disclosure to potential homebuyers of the fire threat, preventative measures, and individual responsibilities. ■■ Clear delineation of and maintenance responsibilities for the fuel modification zones. ■■ Aggressive program to educate residents on the fire threat, landscaping requirements, and maintenance responsibilities. Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted ... Formatted ... Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" Formatted ... Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" + 1.35" Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 193 Development Plan Page 2- 24 June 2008 View from University Hills south toward Badger Hill (top) and northwest toward the San Gabriel Mountains (bottom). View Shed Development on the hillsides in San Bernardino is a sensitive issue and extreme care must be taken to minimize impacts to views of the San Bernardino Mountains. University Hills is situated between the San Bernardino Mountains on the north and the much smaller Badger Hill, which is located between the Specific Plan area and the college, on the south. As can be seen on FiguresFigure 2-7.4 and Figure 2-8.5, Badger Hill restricts or blocks views of the developed areas of University Hills, depending on the vantage point. The developed portions of University Hills sit on the lower portions of the site, where average slopes are generally between 0 and 15 percent. Thus, the steep portions of the site, which are associated with the surrounding San Bernardino Mountains, are untouched. Ridgelines and steep slopes are protected so that views of the mountains are not impacted. Also, Figure 2-8 shows that street-level views of the site are limited by the terrain of the surrounding areas, which serve to block views of the site. Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 194 University Hills Specific Plan Page 2- 25 This page intentionally left blank. Packet Page. 195 Page 2- 26 June 2008 Development Plan Figure 2-7 Views Packet Page. 196 University Hills Specific Plan Page 2- 27 This page intentionally left blank. Packet Page. 197 Page 2- 28 June 2008 Development Plan Figure 2-8 Section Views Packet Page. 198 University Hills Specific Plan Page 2- 29 This page intentionally left blank. Packet Page. 199 Development Plan Page 2- 30 June 2008 Land Plan and Buildout The adopted land use plan for University Hills is shown on Figure 2-9.1, University Hills Land Plan. The land plan is divided into 10two (2) Planning Areas and two (2) land use categories; residential and 24 Planning Areas.open space. The buildout levels by land use category are described in Table 2-1 and further broken down byresidential density, allowed dwelling units, and open space of each Planning Area is provided in Table 2-2.1. There is flexibility built into this Specific Plan to allow adjustments in response to changes in final roadway alignments and widths, grading areas, and land use boundaries, and transfers of density. While the maximum number of dwelling units allowed within University Hills is 980 units, the number of units within each Planning Area and land use category may vary per the provisions of Section 6, Implementation.. Therefore, it is important to note that Figure 2-6 and Tables 2-.1 and Table 2-2.1 describe the intended development pattern of University Hills, and subsequent transfers of units and changes to land use boundaries may result in the shifting of the residential land use categories and/or units shown in each Planning Area.. Adjustments may be made to the following factors that could result in variations to TablesTable 2-.1 and 2-2: ■■ Land use boundary. The land use boundaries between the land use categories are based on Figure 2-6.1, University Hills Land Plan. Since the boundaries of the land use categories may vary slightly, the acres described on TablesTable 2-.1 and 2-2 may vary as described in Section 6, Implementation. ■■ Units. Since it is permissible to transfer units, the units assigned to each land use category and Planning Area on Tables 2-1 and 2-2 may vary as described in Section 6, Implementation. In particular, the units in Planning Area 15 may be transferred to other Planning Areas within University Hills if detailed site specific geologic investigations determine that development in all or part of the Planning Area is not feasible. Please note that the units listed on Table 2-2 by Planning Area are used to determine total units instead of the maximum density allowed in each land use category. For instance, the Standard-Lot Detached Residential land use category accommodates a maximum density of 9.0 units per acre, which if multiplied by the total acres of that land use category (10.4 acres) would result in 94 units. Instead, the Land Plan provides for 70 units in Standard-Lot Detached Residential land use category. This difference is due to the variation in product and market segmentation that is desired to make Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" Formatted ... Packet Page. 200 University Hills Specific Plan Page 2- 31 University Hills a unique living environment. Consequently, buildout of University Hills at the maximum density of each Planning Area is not possible and the caps of 980 units and the maximum density listed for each Planning Area are the controlling factors. ■■ Population. The total units ultimately built in University Hills will determine total population. However, for purposes of this Specific Plan and associated environmental evaluation, a population of 3,2831,100 persons was assumed and based on the maximum buildout levels (980327 units). ■■ Planning Areas 15 and 23. If it determined that building in all or a portion of Planning Area 15 is not feasible and/or the units are transferred to another Planning Area, then the land use for Planning Area 15 shall revert to Open Space and, as necessary for slope stability and grading, Internal Slopes. Development of the water storage tank in Planning Area 23 is only necessary if development occurs in Planning Area 15. If development does not occur in Planning Area 15, then the land use for Planning Area 23 shall revert to Open Space. It is important to note that some illustrations, product prototypes, and accompanying descriptions contained in this Specific Plan are conceptual and are clearly labeled and noted accordingly. These conceptual illustrations are intended to depict the desired character and are not to be taken as compulsory nor as dictating exact building types, material types, architectural styles, and final elements. Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Pattern: Clear, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Pattern: Clear, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 201 Page 2- 32 June 2008 Development Plan Figure 2-9 University Hills Land Plan Packet Page. 202 University Hills Specific Plan Page 2- 33 This page intentionally left blank. Packet Page. 203 Page 2- 34 June 2008 Development Plan Table 2-1 University Hills Development Potential Notes: 1 As discussed in Section 6, Implementation, variations to account for final roadway alignments and widths, grading areas, la transfers of density may result in the shifting of acres, units, and population; however, a maximum of 980 units and 20 units exceeded. 2 The units listed by Planning Area are used to determine total units instead of the maximum density allowed in each land use buildout of University Hills at the maximum density of each Planning Area is not possible and the caps of 980 units and the for each Planning Area are the controlling factors. 3 Population is based on 3.35 persons per unit (Table 2: E -5 City/County Population and Housing Estimates, 1/1/2007). 4 Units in Planning Area 15 may be transferred to other Planning Areas within University Hills if detailed geologic investigati on development in Planning Area 15 is not feasible. If all the units are transferred, then the land use for Planning Areas 15 an d Space and, as necessary for grading and slope stability, Internal Slopes. Land Use Acres 1 Density Units 1, 2 Pop. 1, 3 Developable Area Large-Lot Detached Residential (LLD) Standard-Lot Detached Residential (SLD) 14.3 0 –3.1 37 124 15 4 10.4 3.2– 9.0 70 235 2, 3 Mixed Detached/Attached Residential (MDA) 30.2 9.1–15.0 (PA 5 &13) 9.1-17.0 (PA 10, 14, & 20) 358 1,199 5, 1 Attached Residential (A) 30.7 15.1–20.0 515 1,725 6, 8 Parks (public) 8.1 1, 1 Clubhouse 2.2 NA NA NA 7 Roads/Internal Slopes/Utilities 73.6 NA NA NA NA Subtotal 169.5 Undevelopable Area Open Space 234.8 Subtotal 234.8 Total Total 404.3 980 3,283 Packet Page. 204 University Hills Specific Plan Page 2- 35 -2 Development Potential by Planning Area Planning Area Summary Planning Area Land Use Acres 1(net) Dwelling Units Allowed Density (units per acre) Units Used to Determine Buildout 1, 2Parks and Open Space (acres) Streets (acres) 1 Park (public) 2.1 NA NA 2 SLD 2.2 3.2–9.0 13 3 SLD 2.5 3.2–9.0 15 4 SLD 2.7 3.2–9.0 16 5 MDA 7.9 9.1–15.0 95 6 A 4.6 15.1–20.0 80 7 Clubhouse 2.2 NA NA 8 A 4.4 15.1–20.0 75 9PA1 AResidential 103.96 327 3.21 46.86 15.1–20.064 64 10 MDA 5.4 9.1–17.0 59 11 A 5.9 15.1–20.0 98 12 SLD 3.1 3.2–9.0 26 13 MDA 4.0 9.1–15.0 50 14 MDA 4.6 9.1–17.0 50 15 3 LLD 14.3 0–3.1 37 16 (Faculty Housing) A 4.0 15.1–20 60 17 Park (public) 0.5 NA NA 18 A 8.6 15.1–20 138 19 Park (public) 0.5 NA NA 20 MDA 8.3 9.1–17 104 21 Park (public) 5.0 NA NA 22 Utility 0.5 NA NA 23 Utility 0.1 NA NA 24PA2 Open Space 234.8300.44 NAN/A* NAN/A* 300.44 N/A TOTAL Roads/Interna l Slopes 73.0404.4 NA327 NA0.81 347.3 20.64 Notes: 1 The transfer of residential units, as discussed in Section 6, Implementation, may result in the shifting of units between land use categories; however, a maximum of 980 units and 20 units per acre shall not be exceeded. 2 The units listed by Planning Area are used to determine total units instead of the maximum density allowed in each land use category. Consequently, buildout of University Hills at the maximum density for each Planning Area is not possible and the cap of 980 units and maximum density listed for each Planning Area are the controlling factors. Formatted: Left: 0.5", Right: 0.5", Top: 0.5", Bottom: 0.5", Header distance from edge: 0.5", Footer distance from edge: 0.5" Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Inserted Cells Formatted: Font: Aptos, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted ... Inserted Cells Formatted ... Formatted ... Formatted ... Formatted ... Inserted Cells Inserted Cells Formatted ... Formatted ... Formatted ... Inserted Cells Formatted ... Formatted ... Formatted ... Deleted Cells Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Inserted Cells Inserted Cells Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 205 Page 2- 36 June 2008 Development Plan 3 Units in Planning Area 15 may be transferred to other Planning Areas within University Hills if detailed geologic investigations determine that development in Planning Area 15 is not feasible. If all the units are transferred, then the land use for Planning Areas 15 and 23 shall revert to Open Space and, as necessary for grading and slope stability, Internal Slopes* Caretaker’s unit could be allowed with a Conditional Use Permit (CUP). Formatted: Left, Indent: Left: 0", First line: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 206 University Hills Specific Plan Page 3- 1 Formatted: Header DEVELOPMENT CRITERIA Chapter 3: Development Criteria This section includes land use designations, permitted uses, and development standards that are intended to shape the physical form of University Hills. In addition, it includes the mobilitycirculation plan, parks and open space plan, preliminary grading plan, and infrastructure plans. Residential projects qualifying for SB 330 or any future discretionary streamlining process, shall comply with the objective design standards described in this section. These projects area also encouraged, but not required to comply with the intent of the design guidelines described in Chapter 4. Unless expressly stated, the University Hills Specific Plan development regulations and standards shall supersede the relevant provisions of the City of San Bernardino’s Development Code. Any development regulation and guideline not addressed in this Specific Plan shall be subject to the City’s adopted Development Code regulations and guidelines in place at the time of the individual request. Land Use Designations and Permitted Uses The University Hills Specific Plan contains nineallows for single-family residential uses and accommodates two (2) different minimum lot sizes. A land use categories, including four residential designations.category has also been provided for Open Space. Table 3-.1, Land Use Categories, provides a description of each categorysummary of the proposed land uses shown on the Land Use Plan. The uses allowed in each land use category are summarized in Table 3-.2, Permitted Uses. The inclusion of any uses not expressly listed shall be subject to the discretion of the Director of Community Development Services and/or Planning Commission using the spirit of this Specific Plan as a guide. This table categorizes the uses allowed in each category as follows: ■■ Permitted Use (P): Use allowed subject to the provisions applicable to that district. ■■ Development Use Permit (D): Use allowed subject to the approval of a minor discretionary entitlement, which may be granted under the provisions of Section 19.44 of the City of San Bernardino Development Code. ■■ Conditional Use Permit (C): Use allowed subject to the approval of a major discretionary entitlement, which may be granted under the provisions of Section 19.36 of the City of San Bernardino Development Code. Style Definition: Table Paragraph Style Definition ... Style Definition ... Style Definition ... Style Definition: Heading 4: Font: (Default) Roboto Medium, 10.5 pt, Condensed by 0.25 pt, Ligatures: Standard + Contextual, Indent: Left: 0", Space Before: 12 pt, After: 6 pt, Widow/Orphan control, Keep with next, Keep lines together, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Style Definition: Heading 3: Font: (Default) Tw Cen MT, 12 pt, Not Italic, (Intl) Times New Roman, Indent: Left: 0", Hanging: 0.6", Space Before: 12 pt, After: 6 pt, Widow/Orphan control, Keep with next, Tab stops: 0.75", Left Style Definition: Heading 2: Font: (Default) Tw Cen MT, 12 pt, Bold, Font color: Custom Color(RGB(100,175,189)), (Intl) Times New Roman, Do not check spelling or grammar, Indent: Left: 0", Hanging: 0.5", Space Before: 12 pt, After: 6 pt, Widow/Orphan control, Keep with next, Tab stops: 0.75", Left Style Definition: Heading 1: Font: (Default) Tw Cen MT, 14 pt, Bold, Font color: Custom Color(RGB(14,52,86)), Do not check spelling or grammar, Indent: Left: 0", Hanging: 0.5", Space Before: 12 pt, After: 12 pt, Widow/Orphan control, Keep with next Style Definition: Normal: Font: (Default) Arial, 10 pt, Space After: 6 pt, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 207 Page 3- 2 June 2008 ■■ Prohibited Use (X): Use is not permitted. Formatted: Font: (Default) Aptos, 11 pt, Not Italic, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" + 1.35" Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 208 University Hills Specific Plan Page 3- 3 Table3-1 Land Use Categories Land Use Category Description of Category Residential Uses Large-Lot Detached (LLD) Accommodates large-lot, single-family detached uses at an average density of 2.6 dwelling units per acre. The residential density within this land use category ranges between 0 and 3.1 units per acre. Accommodates a range of low density residential uses at an average density of 6.7 dwelling units per acre. The residential density within this land use category ranges between 3.2 and 9 units per acre. Accommodates medium density detached and attached residential uses at an average density of 11.9 dwelling units per acre. The residential density within this land use category ranges between 9.1 and 15.0 units per acre in Planning Areas 5 and 13 and between 9.1 and 17.0 in Planning Areas 10, 14, and 20. Provides for high density, multiple -family residential uses at an average density of 16.8 dwelling unit per acre. The residential density within this land use category ranges between 15.1 and 20 units per acre. Standard-Lot Detached Residential (SLD) Mixed Detached/Attached Residential (MDA) Attached Residential (A) Other Uses Parks (Public) Accommodates a range of public open space opportunities such as tot lots, sports courts and fields, picnic areas, joggers’ exercise courses, and recreational facilities. Accommodates private recreational facilities, such as clubhouse, pool, barbeque facilities, conference rooms, tennis courts, gym, tot lots, picnic areas, and open space. Provides undeveloped open space for recreational uses. Accommodates water tanks, electrical substations, water filtration systems, and other utilities for public benefit. Accommodates trails, community gardens, and landscape. Clubhouse Open Space Utility Internal Slopes Formatted: Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, Tab stops: Not at 1.7" Formatted: Font: (Default) Aptos, 11 pt, Bold, Character scale: 100%, Ligatures: Standard + Contextual Packet Page. 209 Packet Page. 210 University Hills Specific Plan Page 3- 3 Table 3-2 Permitted Uses Land Use Category LLDApplicable Planning Areas (PA) SLD MDA ADescription of Category Pu b P k Cl u b U O S Residential Uses Single Family Residential PA1 Community care facility (6 or fewer patients) Day care center Day care homes, family (6 or fewer children) Day care homes, family (7 to 12 children) Dormitories/fraternity/sorority Homeless facilities Second dwelling (granny) unit Multifamily attached dwellings Residential care facility Congregate care, assisted living facilities, and nursing homes, Single-family detached dwellings Caretaker’s unitAccommodates single-family detached housing at a density of 3.1 dwelling units an acre and with a variety of lot sizes. Ancillary uses, such as parks, basins, and utilities are allowed. P X P C X X D X X X P X P X P C X X D X C X P X P X P X X X D P C X P X P X P X X X X P C X P X X X X X X X X X X X X X X C X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X C Recreational Uses Clubhouse Golf course Open spaces/parks Trails (including bicycles, equestrian, pedestrian) Swimming pool/spa C X P P P P X P P P P X P P P P X P P P P X P P P P X P P P X X P P X X X P P X Accessory Uses Open Space PA2 Antennae, vertical/satellite dish Fences and walls Storage structures (less than or equal to 120 sf) Recreational vehicle and boat storageProvides permanent natural open space for recreational uses. Accommodates trails, water tanks, electrical substations, water filtration systems, learning center, and other utilities. P P P P P P P X P P P X P P P X P P P X P P P X X P X X X C X X Personal Services (not stand alone, but inside Clubhouse) Barber/beauty/nail shops Dance schools/karate studios Dry cleaners Laundromats (self-serve) X X X X X X X X X X X P X X X P X X X X P P P P X X X X X X X X Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Bold, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Bold, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Bold, Ligatures: Standard + Contextual Deleted Cells Deleted Cells Inserted Cells Inserted Cells Formatted: Normal, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Inserted Cells Inserted Cells Formatted: Normal, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Deleted Cells Packet Page. 211 Development Criteria Page 3- 4 June 2008 Land Use Category LLDApplicable Planning Areas (PA) SLD MDA ADescription of Category Pu b P k Cl u b U O S Other Uses Conference rooms Homefinding center (temporary) Private/public utility facilities Wireless telecommunication facilities X X C X X D C X X D C X X D C X X X C C P D C C X X D C X X C C Home Occupations Subject to (H) home occupation permit H H H H X X X X Temporary Uses Subject to (T) temporary use permit T T T T T T T T Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Bold, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Bold, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Bold, Ligatures: Standard + Contextual Deleted Cells Deleted Cells Packet Page. 212 University Hills Specific Plan Page 3- 5 C=Conditional D=Develop Permit P=Planning Area 1 – Single Family Residential As shown in Figure 2.1 Land Use Plan, approximately 104 acres are designated for residential uses. Planning Area 1 accommodates single-family detached housing at a density of up to 3.1 dwelling units an acre. Lot sizes range from a minimum size of 2,750 square feet and 3,600 square feet. Ancillary uses, such as parks, basins, and utilities are allowed. Residential and general development standards f are listed in section 3.2 of this Specific Plan. The following uses are allowed in the Planning Area: Permitted X=Not Uses for Planning Area 1 Uses Notes Residential Uses Single family detached dwelling P Accessory Dwelling Unit or Junior Accessory Dwelling Unit P Day care center X Day care homes 8 or less children P Day care homes 9-15 children D Dormitories/fraternity/sorority X Homeless facilities X Residential care facility (6 or less) P* Congregate care, assisted living facilities and nursing homes X Caretaker’s unit X Recreational Uses Open spaces/parks P Formatted: Font: (Default) Aptos, 11 pt, Bold, Ligatures: Standard + Contextual Packet Page. 213 Development Criteria Page 3- 6 June 2008 Uses Notes Trails (including bicycles, equestrian, pedestrian) P Accessory Uses Antennae, vertical/satellite dish P Fences and walls P See Specific Plan design guidelines for standards Storage structures (less than or equal to 120 sf) P Units greater than 120 sf shall be processed consistent with SBMC Recreational vehicle and boat storage P Other Uses Wireless telecommunication facilities C Other such uses that the Community Development Director may find to be similar with those uses previously listed, pursuant to SBMC Section 19.02.070(3) Home Occupations Subject to (H) home occupation permit H See the SBMC for requirements Temporary Uses Subject to (T) temporary use permit T See the SBMC for requirements * Per California Health and Safety Code Sections 1566.3 Packet Page. 214 University Hills Specific Plan Page 3- 7 3.1.2 Planning Area 2 – Open Space As shown in Figure 2.1 Land Use Plan, approximately 300 acres are designated as permanent open space. The open space area is not considered suitable for development and will remain as primarily unimproved land except for roadway improvements and trails. The following uses may also be accommodated: Permitted H=Home Occupation PermitUses for Planning Area 2 Formatted: Font: (Default) Aptos, 11 pt, Bold, Ligatures: Standard + Contextual Formatted: Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Packet Page. 215 Development Criteria Page 3- 8 June 2008 Uses Pedestrian trails and bridges P Informational displays and kiosks P Restroom* P San Andreas fault stations (excavations or road cuts into bedrock where geology can be studied) P Gauging station to measure stream flows P Caretaker’s unit CUP Learning/education center CUP *As an ancillary use to an open space Development Standards Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 216 University Hills Specific Plan Page 3- 9 Development standards are provided to regulate development in University Hills. With this Specific Plan standards are grouped into specific development standards for each land use, and general development standards that apply project wide. ■■ Development standards, which provide: Provide the tailored standards for each land use category and include such provisions as lot size, lot dimension, and building height and setback requirements. Development Standards are provided in Table 3-3.4 for detached residential, Table 3-4 for attached residential, and Table 3-.5 for otherstructures in open space. Diagrams for the residential uses. can be found in Figure 2.2 ■■ General development standards, which include: Include regulations that apply to most, if not all, land use designations within University Hills. Detached Residential Standards Development standards for detached residential products, which are allowed in the LLD, SLD, and MDA land use categories, are provided in Table 3-3. Attached Residential Standards Planning Area 1. Development standards for attachedare based on the lot size, as each residential products, which are allowed in the MDA and A land use categories, are provided in planning area allows for all lot sizes with minimum lot sizes as set in Table 3.4. Table 3-.4. Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Italic, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Italic, Font color: Auto, Ligatures: Standard + Contextual Formatted ... 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Packet Page. 217 Development Criteria Page 3- 10 June 2008 Table 3-3 : Development Standards – Detached- Residential Usesuses Standard LLD SLD MDA Density Average density Density range 2.6 DU/ac 0–3.1 DU/ac 6.7 DU/ac 3.2–9.0 DU/ac 11.9 DU/ac 9.1–15.0 DU/ac in PA 5 & 13 9.1–17.0 DU/ac in PA 10, 14, & 20 Building Site Specifications Minimum lot size per unit Minimum lot width 1, 2 Minimum lot depth Corner lot streetside lot width Maximum lot coverage 5,000 sf 50 ft 100 ft 55 ft 60% 2,400 sf 35 ft 60 ft 40 ft 70% 1,200 sf 25 ft 50 ft 30 ft 75% Front Setbacks To habitable structure To front-entry garage To alley-entry garage To side-entry garage To unenclosed porch 12 ft 18 ft 0 ft 15 ft 10 ft 8 ft 18 ft 0 ft 10 ft 5 ft 7 ft N/A 0 ft 10 ft 3 ft Side Setbacks from Street ROW To structure Projections into setback 3 10 ft 4 ft 5 ft 2 ft 3 ft 1 ft Interior Side Setbacks To habitable structure 8 To front-entry garage in rear 1/3 of lot To alley-entry garage Projections into setback3 0 or 5 ft 0 ft 0 ft 2 ft 0 or 3 ft 0 ft 0 ft 1 ft 0 or 3 ft 0 ft 0 ft 1 ft Rear Setbacks To habitable structure (interior lot) To habitable structure (home-to-alley) 4,5 To alley-entry garage To front-entry garage in rear 1/3 of lot Projections into setback 3, 5 15 ft 5 ft 10 ft 5 ft 6 ft 5 ft 0 ft, but either (1) a 30 foot wide alley (24-foot wide paved area with a 3 foot apron on each side) is required in alleys with no parking, or (2) a 34 foot wide alley (28 foot wide paved area with a 3 foot apron on each side) is required in alleys with parking. 0 ft 3 ft 0 ft 3 ft 0 ft 2 ft Height Maximum height 6 35 ft 35 ft 40 ft Other Tandem parking 9 Building separation 7 Third car is permitted to be tandem 10 ft Permitted in 25% of units 6 ft Permitted in 25% of units 6 ft Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li, Tab stops: Not at 1.58" Formatted: Font: (Default) Aptos, 11 pt, Bold, Character scale: 100%, Not Expanded by / Condensed by Formatted: Font: (Default) Aptos, 11 pt, Bold, Character scale: 100%, Not Expanded by / Condensed by Formatted: Font: (Default) Aptos, 11 pt Packet Page. 218 University Hills Specific Plan Page 3- 11 Table 3-3 Development Standards – Detached Residential Uses Development Standard LLDStandard Applicable Based on Minimum Lot Size SLD MDA Minimum Lot Size 3,600 sf 2,750 sf Building Site Specifications Minimum Lot Width1 40 ft 50 ft Minimum Lot Depth 90 ft 55 ft Corner Lot Streetside Lot Width 40 ft 50 ft Maximum Lot Coverage 70% 75% Front Setbacks To Habitable Structure 8 ft 6 ft To Front-Entry Garage 18 ft 18 ft To Side-Entry Garage 10 ft 10 ft To Unenclosed Porch 5 ft 3 ft Side Setbacks from Street Right-Of-Way (ROW) To Structure 5 ft 3 ft Projections into Setback2 2 ft 1 ft Interior Side Setbacks To Habitable Structure3 0 or 3 ft 0 or 3 ft Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted Table Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Bold, Ligatures: Standard + Contextual Deleted Cells Deleted Cells Packet Page. 219 Development Criteria Page 3- 12 June 2008 Development Standard LLDStandard Applicable Based on Minimum Lot Size SLD MDA To Front-Entry Garage in Rear 1/3 of Lot 0 ft 0 ft Projections into Setback2 0 ft 1 ft Rear Setbacks To Habitable Structure (interior lot) 10 ft 6 ft To Habitable Structure (home-to-alley)4,5 5 ft 5 ft To Front-Entry Garage in Rear 1/3 of Lot 0 ft 0 ft Projections into Setback3,5 3 ft 2 ft Height Maximum height6 35 ft 40 ft Other Tandem Parking7 Permitted in 25% of units Permitted in 25% of units Building Separation8 6 ft 6 ft ft = feet sf = square feet DU/ac = dwelling units per acre Notes: All setbacks shall be measured from the property line to the structure unless otherwise noted. 1 Any lot with a width of 135 ft or less shall provide garage access from an alley unless on a knuckle or cul-de-sac. 2 For knuckle and cul-de-sac lots, the minimum lot width shall be met at 20 ftfeet from the front property line. 32 Projections are architectural features that extend beyond the building face. Projections include features such as eaves, chimneys, bay windows, stairways, and other architectural detailing. California Building Code requirements take precedence over this requirement. 3 Zero lot line developments are permitted if the balance of the required setback is provided on the opposite side yard of the same lot. 4 Habitable structures (nongaragenon-garage) may cantilever beyond the garage door to the rear property line. 5 Applies to habitable structures only. Garage projections are not permitted. Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted Table Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Bold, Ligatures: Standard + Contextual Deleted Cells Deleted Cells Formatted: Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Not Raised by / Lowered by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Indent: Left: 0", First line: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted: Font: (Default) Aptos, 11 pt, Not Raised by / Lowered by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Superscript, Not Raised by / Lowered by , Ligatures: Standard + Contextual Formatted: Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Not Raised by / Lowered by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Superscript, Not Raised by / Lowered by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Raised by / Lowered by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 220 University Hills Specific Plan Page 3- 13 6 Maximum building height is defined as the height from the top of the finished grade to the top of the roof peak. An architectural projection such as a chimney or nonhabitable tower may exceed the maximum building height by 10 ft. 77 Tandem parking not permitted for shared, guest, or public parking. 8 Building separation is measured from the exterior wall of a structure to the exterior wall of another structure. 8 Zero lot line developments are permitted if the balance of the required setback is provided on the opposite side yard of the same lot. 9 Tandem parking not permitted for shared, guest, or public parking. Formatted: Font: (Default) Aptos, 11 pt, Superscript, Not Raised by / Lowered by , Ligatures: Standard + Contextual Formatted: Indent: Left: 0", First line: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted: Font: (Default) Aptos, 11 pt, Not Raised by / Lowered by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Not Raised by / Lowered by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 221 Development Criteria Page 3- 14 June 2008 Table 3-4 .5: Development Standards – Attached Residential Uses- open space DensityStandard Average density 11.9 DU/ac 16.8 DU/ac Density rangeHeight of structure 9.1–15.0 DU/ac in PA 5 & 13 9.1–17.0 DU/ac in PA 10, 14, & 15.1–20.0 DU/ac ft maximum Setback of structure from property lines 20 ft minimum Building Site Specifications Minimum site area 2 acres 2 acres Standard MDA A Maximum site coverage (building footprint) Setbacks From Exterior Public Street To habitable structure Projections into setback1 Building Separation 2 Front-to-front separation Front-to-side separation 75% 75% 10 ft 7 ft 10 ft 7 ft 20 ft avg. 15 ft 20 ft avg. 15 ft Side, rear, oblique separation Alley 10 ft 10 ft Either: (1) a 30 foot wide alley (24-foot wide paved area with a 3 foot apron on each side) is required in alleys with no parking, or (2) a 34 foot wide alley (28 foot wide paved area with a 3 foot apron on each side) is required in alleys with parking. Other Maximum height 3 Minimum livable area 40 ft 40 ft Minimum common open space 4, 5 Min. private open space per unit 4 Studio – 550 sf 1 Bedroom – 700 sf 2 Bedroom – 900 sf 3 Bedroom – 1,100 sf 150 sf per unit 60 sf per unit Minimum dimension of 6 ft in any direction. Tandem parking Permitted in 30% of units Permitted in 30% of units Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, Tab stops: Not at 1.93" Formatted: Font: (Default) Aptos, 11 pt, Bold, Character scale: 100%, Not Expanded by / Condensed by Formatted: Font: (Default) Aptos, 11 pt, Bold, Character scale: 100%, Not Expanded by / Condensed by Formatted: Font: (Default) Aptos, 11 pt, Italic Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted Table Formatted: Font: (Default) Aptos, 11 pt, Bold, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted Table Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Deleted Cells Formatted: Normal, Left, Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Formatted: Normal, Left, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Deleted Cells Packet Page. 222 University Hills Specific Plan Page 3- 15 ft = feet sf = square feet DU/ac = dwelling units per acre Notes: All setbacks shall be measured from the back of the curb to the structure unless noted otherwise. 1 Projections are architectural features that extend beyond the building face. Projections include features such as eaves, bay windows, stairways, porches, and other architectural detailing. Projections shall not encroach within 3 ft of the property line. 2 Building separation is measured from the exterior wall of a structure to the exterior wall of another separate structure. The following may encroach into the required separation: 1) architectural projections, window-boxes, and eaves-3 ft, 2) covered porches and stoops-5 ft, 3) balconies and stairways-5 ft. 3 Maximum building height is defined as the height from finished grade to the top of the roof peak, whichever is greater. An architectural projection such as a chimney or nonhabitable tower may exceed the maximum building height by 10 feet. 4 See the open space provisions in the Multi-Family Open Space guidelines on page 3-13 for greater detail and definition. 5 The clubhouse (planning area 7) and public parks (planning areas 1, 17, 19, and 21) count towards the required common open space requirement. Development Standards for Other Uses Development standards for structures within the Clubhouse, Public Park, Open Space, Utilities, and Internal Slope land use categoriesareas are provided in Table 3-.5. Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 223 Development Criteria Page 3- 16 June 2008 Table 3-5 Development Standards – Other Uses Standard Club Pub. Pk. Open Space Utilities Internal Slopes Height of structure Setback of structure from property lines 40 ft 20 ft 20 ft 20 ft 15 ft 20 ft 35 ft 10 ft NA NA Packet Page. 224 University Hills Specific Plan Page 3- 17 General Development Standards The following General Development Standards apply to all uses within University Hills and may be supplemented by provisions of the project’s CC&R’s. Accessory Uses in Multifamily DevelopmentsDwelling Units Possible accessory uses within a multifamily development shall be approved through the Development Permit Review and include such features as, common laundry facilities for developments with no individual hook-ups, tot lots, pools, spas, barbeque areas, clubhouses, and game courts. Antennas Per Section 19.04.030, Accessory Dwelling Units, of the Municipal Code. This section of the Municipal Code addresses standards for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22. Antennas, Satellite Dishes and Telecommunications Facilities Per Chapter 19.20.030 (3), Antennas, Satellite Dishes and Telecommunication Facilities, of the Municipal Code using the spirit and intent of the University Hills Specific Plan as a guide. Cornices and Eave Projections Cornices and eaves may extend into a required yard setback per the California Building Code. Detention/Drainage Detention and drainage areas shall be permitted in all land use designations as necessary and on a case-by-case basis. When possible, these areas should be designed to blend in with the surrounding development, be landscaped, and be designed to accommodate uses that can be flooded, such as active/passive recreation and natural open space. Fences and Walls Per Section 19.20.030 (8),, Fences and Walls, of the Municipal Code using the spirit and intent of the University Hills Specific Plan as a guide. In addition the following standards shall apply.: ■■ The height of walls and fences shall be measured from the top of the highest adjacent grade unless adjacent to a public right-of-way, in which case the measurement shall be taken from the side of the public right-of-way. ■■ Rear or side yards. The maximum height of stand-alone walls and fences in the rear and side yards shall be 6 feet. Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... 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Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 225 Development Criteria Page 3- 18 June 2008 ■■ Front yard. The maximum height of stand-alone walls and fences located between the front property line and the nearest building wall (either garage or habitable structure) shall be 3.5 feet. Thereafter, the provisions for walls in rear and side yards noted above shall apply. 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Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 226 Packet Page. 227 Development Criteria Page 3- 10 June 2008 ■■ When a retaining wall is in the front yard: ▪ The maximum retaining wall height may be 2 feet and may be directly topped with a maximum 18 inch1.5 feet stand-alone wall or fence for a total height of 42 inches3.5 feet for solid, and 4 feet for open work, or ▪ The maximum retaining wall height may be 3 feet and, in this case. Above the retaining wall, a maximumsold wall not to exceed 3 foot high wall.5 feet or fencean open wall/fencing not to exceed 4 feet, may be erected above the retaining wall with a minimum 3 foot landscaped setback from the back of the retaining wall. ■■ For retaining walls located on the perimeter, side, or rear property lines: ▪ The maximum height of any solid retaining wall shall be 8 feet as measured from the lowest adjacent grade. Retaining walls may only exceed 8 feet if: (1) they are not visible from public areas, or (2) they are visible from public areas and unique designs are incorporated to disguise or break up the mass of the retaining wall (e.g. offsets, landscape walls, unique materials, or public art). ■■ The maximum height of any stand-alone fence or wall on top of a retaining wall located on the perimeter, side, or rear property lines shall be as would otherwise be allowed if there was no retaining wall. ■■ Barbed and razor wire, plain exposed concrete block, and chain link are not permitted. Chain link may be used on a temporary basis at construction sites. Vinyl coated chain link may be used as a fencing material for outdoor park facilities such as tennis courts subject to approval of a Development Permit. ■■ All walls, fencing, or screening materials shall be maintained in a physical state consistent with the time of installation. Repair and/or replacement of damaged, defective, or severely weathered materials shall be completed immediately upon occurrence or within a minimum of 20 days of notification by the City. ■■ All walls and fences located within University Hills shall be designed and constructed to withstand 100 mile per hour winds or the current standard in the City of San Bernardino Development Code in effect at the time of the building permit application. ■■ Pilasters, articulation, and/or permanent landscaping screening shall be incorporated into the design of walls or fences that exceed 25 feet in length. Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" + 3.35" Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 228 University Hills Specific Plan Page 3- 11 Garage Variation To avoid the monotony of projects that employ the same garage placement (e.g., all front-entry garages), single-family neighborhoods in University Hills are required to include a variety of garage placements and orientations. Standard garage placement is a front-loaded garage set in from the front property line. Projects with more than five (5)units shall use alternative garage orientation and placement on 33 percent of the units. Roll-up garage doors with automatic openers are required for all garages. The following are potential alternative garage placements:. ■■ Alley–loaded garages ■■ Side-entry garages ■■ Split garages ■■ Garages located in courtyards or driveways providing multiple-unit access Forward garages – placed at least 5’ from a plane break in front of the home Mid or deep recessed garages – recess 10-20 feet from the front living area Swing-in garage or swing-in split ■■ Straight-in garages in rear two-thirds of the lot Garage Sales Garage sales at a single-family detached residence are permitted once every six months for a maximum period of 48 consecutive hours. Garage sales are not permitted within multifamily projects. Glossary of Terms See Appendix A of this Specific Plan. Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" + 1.35" Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" + 1.35" Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Packet Page. 229 Development Criteria Page 3- 12 June 2008 Hazardous Materials Property management shall include language in all tenant contracts in the clubhouse or in contracts for contractors hired by the property management Packet Page. 230 University Hills Specific Plan Page 3- 13 association, that (1) the use, handling, storage, and transportation of hazardous materials shall comply with Section 19.20.030 (12) of the Municipal Code, and (2) submit a Hazardous Materials Business Plan to the San Bernardino Health Services Hazardous Materials Program for the storage of 55 gallons or more of hazardous liquid, 500 pounds of hazardous solids, or 200 cubic feet of hazardous gas onsite. The plan shall identify emergency response procedures in the event of an accident or spill and include an initial inventory of hazardous materials, including new or waste materials that are toxic, reactive, ignitable, or corrosive. The contractual language shall provide property management with the ability to enforce the conditions through measures such as fines or other penalties. Hillside Management Most foothills (areas of 15 percent average slope or greater) within University Hills have been preserved as open space and are included within the boundaries of the Land Laboratory, as described later in this chapter.. Development and use in the areas with an average slope of 15 percent or greater shall comply with the Chapters 19.15 and 19.17 of the Municipal Code. Home Finding Center Home finding centers are long-term temporary home sales facilities. They are permitted administratively with approval by the Development Services Department during review of tract maps. The duration, location, required parking and landscaping shall be determined during this review. Upon closure, home finding centers are required to revert to the underlying land use per the approved tract maps. Home Occupations Home occupations include a vocation such as lawyer, engineer, music teacher, or art teacher, which is carried on solely by the occupant of the premises. Home occupations are allowed in any residence per the provisions of Chapter 19.45454 of the Municipal Code provided all of the following provisions are met. ■■ There is no alteration in the residential character of the premises. ■■ All operations are carried on within the dwelling. ■■ No more than 15 percent of the dwelling is used. ■■ No merchandise or articles are displayed for advertising purposes. ■■ No assistants are employed at the premises. ■■ The premises are not used as a point of sale or for walk-in trade. ■■ Any necessary permits or licenses from appropriate regulating agencies are obtained and fully complied with. Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 231 Development Criteria Page 3- 14 June 2008 ■■ All operations in connection with the home occupation are conducted so as to prevent the emanation of any dust, gas, smoke, noise, fumes, odors, vibrations, or electrical disturbances. Landscaping All setback areas fronting on or visible from a public street and all recreation/common open space areas shall be landscaped and permanently maintained in an attractive manner. Such landscaping shall primarily consist of turf, lawn, drought tolerant trees, groundcovers, trees, and shrubs, other living plants and but may also include some use of artificial turf where applicable and California State Water Conservation Requirements are met. Permanent, 100 percent automatic irrigation facilities shall be provided in all landscaped areas as appropriate for the landscape type. Landscaping shall comply with the University Hills plant palette (Tables 3-8 and 3-9Appendix B) and the fire protection plan in this chapter. Guidelines to use and incorporate as part of the amendment to the Specific Plans Landscaping shall include an arrangement and combination of trees, shrubs, live groundcover, and inorganic groundcover. Front and street/visible side yards, and all required setbacks abutting a public right-of-way shall be landscaped. Front and street/visible side yards, and all required setbacks abutting a public right-of-way shall have a minimum of 50 percent of landscaping to exclude areas maintained for on-site parking (driveways) and path-of-travel (walkways). Alternatively, inorganic groundcover mulch used in combination with live plants, shall be limited to an accent feature of no more than 50 percent of the required front and visible/street side yards, and all required setbacks. Inorganic groundcover mulch may include permeable hardscape materials such as: bark (if applicable for fuel modification), wood chips (if applicable for fuel modification), decorative rock, decomposed granite, artificial stones, pebbles, and similar types of materials. Additionally, all setback and parkway areas shall be properly designed and landscaped. The design shall utilize uniform street tree plantings with complementary landscape materials. The parkway area in front of a residential property may be modified to allow for the removal of turf to be replaced by permeable hardscape materials. Acceptable materials are bark (if applicable for fuel modification), decorative rock, decomposed granite, paving stones, and artificial stones. A maximum of 25 percent permanent hardscape materials such as concrete or cement shall be used to replace turf within the parkway area within the Public Right-of-Way. Please note: dead or dying trees may only be removed with approval of the City of San Bernardino Public Works Department. All landscape areas shall be maintained in a neat and healthy condition, free of weeds, dead plant material and debris. Additionally any maintenance required in the Fuel Modification plan is to be followed. All landscape areas shall be installed with a permanent irrigation system that will be maintained and repaired routinely for plant health and water conservation. Lighting Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li Packet Page. 232 University Hills Specific Plan Page 3- 15 Due to the proximity of University Hills to the planned CSUSB observatory at Badger Hill, the use of lighting within the community shall not be excessive and shall be consistent with the dark sky guidelines suggested by the International Dark Sky Association (www.darksky.org). A detailed lighting plan, including specifications and design standards, shall be submitted as part of the construction documents. The following policies shall apply to lighting in University Hills. ■■ Lighting shall be directed on the driveways and walkways and away from adjacent property. ■■ Walkway lighting shall be low-level fixtures (e.g., bollards), spaced to provide adequate walkway illumination, and shall not intrude into the residential dwelling units. Please see Chapter 5, Sustainability Guidelines, for additional guidelines regarding the reduction of light pollution. ■■ Light standards shall be energy efficient and in scale with the height and use of the structures on-site. ■■ Light standards shall not exceed 15 feet in height above finish grade. Lighting in parks may exceed this limit where deemed appropriate by the University Hills Design Review Committee and approved by the City. The 15-foot height limit may be waived as deemed necessary by the City Engineer. ■■ Lighting shall be decorative, in keeping with the architectural theme of the facility served, and shall be located within landscape planter areas. ■■ All lighting, including security lighting, shall be directed away from adjoining properties and the public right-of-way. Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 233 Development Criteria Page 3- 16 June 2008 ■■ Parking areas shall have lighting that provides adequate illumination for safety and security. Parking lot lighting fixtures shall maintain a minimum of 1 foot-candle of illumination at ground level at any location within the parking facility. ■■ The level of lighting shall not exceed 0.5 foot-candle at any residential property line or at the perimeter of the developed areas adjacent to the areas designated as Open Space. ■■ A lighting plan shall be prepared for all public areas within University Hills. The lighting plan shall establish uniform lighting standards with regard to style, materials, and colors in order to ensure consistent design. The lighting plan shall be submitted to the City for review and approval. ■■ Game-court lighting is permitted on a case-by-case basis. Prior to installation, all game court lighting shall be reviewed and approved by the City of San Bernardino and any other responsible governing agency. Court lighting fixtures shall not exceed 30 feet in height. ■■ Exterior lighting may be used to illuminate significant exterior features and landscaping. Location of Accessory Buildings A detached accessory building less than 120 square feet and 6 feet in height may be located in any rear or side yard in the LLD, SLD, and MDA land use designations, provided necessary access is maintained. Accessory buildings exceeding thanthe 120 square feet and/or 6 feet in height are limited to a maximum of 1 story16 feet in height, shall not occupy more than 35 percent of a rear yard, and may not be erected closer than 5 feet to the rear property line., and must be compatible with the materials and architecture of the main dwelling on the property. In addition, such accessory building shall not have openings facing the rear property line. This requirement may be waived by the Planning Commission based on findings that such buildings, if constructed on the rear or side property lines, will not be detrimental to adjacent properties. Location of Patio Covers and Patio Enclosures Patio covers and patio enclosures, defined as nonhabitable space in the adopted California Building Code, may be attached to the rear and/or side of a residential structure provided that the minimum setbacks are maintained as measured to the posts and support members. Eaves may encroach 2 feet into the setback. Patio covers shall be consistent with the fire zone standards of Chapter 19.15 of the San Bernardino Development Code. Multifamily Open Space Open spaces are those areas that are used for private or common use, as defined below. Open space does not include public or private streets, alleys, driveways, parking spaces, parkways, or recreational storage areas. Open Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" Formatted ... Formatted ... Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" Formatted ... 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Private Open Space Private open space is defined as those areas that are designed and intended to be used exclusively by the individual homeowner. Private open space includes patios, balconies, fenced private yards, and other private areas. Private open space may include ground-floor patios or courtyards, second- /or third-floor balconies or decks, and rooftop decks. Private open space may be covered, but must be open on at least one side. Refer to Table 3-4 for private open space requirements. Common Open Space Common open space is defined as those areas designated for the use and enjoyment of all residents and developed for recreational or leisure-time activities. These common areas may include game courts, swimming pools, garden grounds, sauna baths, public trails, tennis courts, basketball courts, volleyball courts, putting greens, play lots, and clubhouse facilities. It is the express intent of this Specific Plan to focus common open space requirements into the locations depicted on Figure 3-43 instead of individual Planning Areas to create community gathering places and a sense of identity. Accordingly, the clubhouse (planning area 7) and public parks (planning areas 1, 17, 19, and 21) count towards the required common open space requirement noted on Table 3-4. Nonconforming Uses Per Chapter 19.62, Nonconforming Structures and Uses shall be processed consistent with Chapter 19.62 Nonconforming Uses and Structures, of the Municipal Code using the spirit and intent of the University Hills Specific Plan as a guide. Parking and Loading Standards Minimum Number of Parking Spaces ■■ Two (2) enclosed garage spaces per each detachedprimary residential unit. ■■ For attached units, the following shall apply: ▪ Studio unit: 1.5 covered spaces per unit ▪ One-bedroom unit: 1.5 covered spaces per unit ▪ Two -bedroom units: 2 covered spaces per unit ▪ Three or more bedrooms: 2 covered spaces per unit ▪ Guest parking: 1 guest parking space for every 5 units ■■ For the clubhouse, 1 space per 300 square feet with a minimum of 10 spaces is required. ■■ For the public parks, 5 public spaces are required at each facility. Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Left, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Left, Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Normal, Left, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 235 Development Criteria Page 3- 18 June 2008 Parking Design and Use Provisions ■■ General provisions. Per Section 19.24.060, Design Standards, of the Municipal Code using the spirit and intent of the University Hills Specific Plan as a guide. ■■ Driveways for single-family detached residential units. The driveway to a garage shall have a minimum width of 10 feet and a maximum grade of 12 percent. ■■ Access to off-street parking. Either (1) loop system, where each one- way road has a minimum width of 20 feet; or (2) driveway with a minimum width of 24 feet to permit two-way traffic. Along all driveway and vehicular access ways that provide access for fire or emergency vehicles, there shall be a minimum vertical clearance of 14 feet and horizontal clearance of 20 feet. ■■ Handicapped parking. Per Section 19.24.050, Handicapped Parking Requirements, of the Municipal Code. ■■ Recreational vehicles (RVs). The parking or storing of recreational vehicles, dismounted campers, camper shells, boats, trailers, or similar recreational items on streets and lawns, landscaped areas, or other unpaved surfaces within the front yard is prohibited. In attached developments without yards, parking of these recreational items must be in a common storage area or off- site. If storage areas are provided on-site, they shall be constructed per the Storage Facilities section below and the standards in Section 19.04.030 (O), Recreational Vehicle Storage Facilities, of the Municipal Code. Temporary parking of RVs is allowed consistent with San Bernardino Municipal Code (SBMC). Formatted: Font: (Default) Aptos, 11 pt, Italic, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 236 University Hills Specific Plan Page 3- 19 Pedestrian Circulation A pedestrian circulation system shall be incorporated into the residential development for the purpose of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational areas, outdoor living areas, transit connections, and internal/regional trails. The circulation system shall be developed with a combination of the following standards: ■■ A sidewalk system shall be developed adjacent to all public streets, as detailed on the street sections contained in this Specific Plan. This requirement may be waived where pedestrian accessible trails are located adjacent to the street. ■■ Sidewalks shall comply with ADA requirements. ■■ Direct pedestrian connections to the Regional Multipurpose Trail shall be provided from Planning Areas 16, 18, and 20. ■■ The interior walkway system shall include pedestrian walks or paths consisting of varying widths designed to provide curvilinear forms Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li, Page break before Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" Formatted ... Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted ... Packet Page. 237 Development Criteria Page 3- 20 June 2008 wherever possible.. The minimum unobstructed width of interior pedestrian walks and paths shall be four (4) feet. Walkway systems shall use materials such as concrete, decomposed granite, brick, flagstone, or other materials. Private Storage Areas For each dwelling unit without an enclosed garage, a minimum of 100 cubic feet of private storage space shall be provided outside the dwelling. The design, location, and size of the storage space shall be integrated into the development. Product Variation University Hills will be attractive and visually interesting. Accordingly, single-family residential neighborhoods will include a variety oftwo (2) different product types and a variety of design styles. ■■ Single-family neighborhoods over five (5) units should have a minimum of threetwo (2) different material and color palettes. No two (2) single family detached homes with identical color or materials palettes shall be located adjacent to or directly across the street from one another. ■■ Single-family neighborhoods over five (5) units shall include a minimum of threetwo (2) elevation/facade designs. No two (2) homes with identical elevation/façade designs shall be located adjacent to or directly across the street from one another. ■■ Single-family neighborhoods over five (5) units shall have a minimum of threetwo (2) primary roof materials and roof designs. No two (2) single- family detached homes with identical roof designs and materials shall be located adjacent to or directly across the street from one another. Public Utility Lines Per Section 19.30.110, Underground Utilities, of the Municipal Code. Screening ■■ All utility connections shall be coordinated with the development of the site and should not be exposed, except where deemed appropriate or necessary by the City. ■■ Utility equipment, such as surface- mounted transformers, pedestal- mounted terminal boxes and meter cabinets, and sprinkler manifolds, may be placed above ground provided they are screened from public view by wall, landscaping, or other screening as approved by the Community Development Director. Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... 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Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" Formatted ... Formatted ... Packet Page. 238 University Hills Specific Plan Page 3- 21 from view in the building or a fully enclosed structure. All vent pipes and similar devices that are attached to the building shall be painted to match the building. All roof-access ladders shall be screened from view. ■■ All roof-mounted equipment, including but not limited to mechanical equipment, satellite dishes, tanks, and ducts, shall be screened on all sides from street-level public view and neighboring residences by a landscaping, parapet wall, decorative enclosure, or other architectural element. Equipment screening shall be designed and painted to match the building and shall be equal to the maximum height of the equipment. ■■ All storage, including cartons, containers, materials, or trash shall be shielded from view within a building or area enclosed by a solid fence or wall not less than 6 feet in height. ■■ Ground-mounted equipment, including heating and air conditioning units and trash receptacles, shall be completely screened from the view of surrounding properties through the use of screen walls, landscaping, or other methods. ■■ Exposed gutters, downspouts, vents, louvers, and other similar elements shall be painted to match the surface to which they are attached, unless the elements are incorporated as part of the design element of the site. Second Dwelling Units Per Section 19.04.030 (P), Second Dwelling Unit Housing Design Standards, of the Municipal Code. Signs Per Signage within the Specific Plan shall comply with Section 19.22, Sign Regulations, of the Municipal Code. Specifically, the regulations governing signs in residential districts on Table 22.01 shall apply in University Hills. Storage Facilities ■■ Common areasLocations for parking trailers, boats, campers, camper shells, motor homes, and similar vehicles may be provided within a development. If a common parking area is provided, the units that would have otherwise been allowed without the common storage area may be transferred within the development or to another residentially designated area of University Hills as described in Chapter 6, Implementation. Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" Formatted ... 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Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 239 Development Criteria Page 3- 22 June 2008 ■■ Common storage facilities should be enclosed with a minimum 6- foot-high decorative masonry wall, screened by a 5-foot- wide perimeter landscaping buffer that is maintained by an electric remote-control sprinkler system, adequately lighted, providedResidential Entry Monumentation shall comply with yard drains for adequate drainage, and have electrical outlets and hose bibbsFigure 3.4. Street Access Per Section 19.20.030(1), Access, of the Municipal Code. Trash Collection Areas ■■ Trash in University Hills may be serviced by individual or centralized collection as is appropriate for the design of each product. Individual container collection is the preferred method of collection where space allows and may occur at the front or rear of each unit or in common collection points. Centralized collection is the best method of collection for the higher density residential projects and some cluster projects. A waste management plan shall be submitted and approved prior to issuance of building permits. Individual Collection ■■ Individual collection is trash collection that is provided at each unit. ■■ Individual container collection is required in the Large Lot detached and Standard Lot Detached land use categories. ■■ Collection vehicles must be able to provide service without backing up. ■■ 25 feet of overhead clearance is required at collection points. ■■ All homes serviced using individual containers shall have a minimum of 944 square feet (3’4’ x 3’11’) of designated space for each container and the space for the storage of 2 containers. The container storage space does not have to be contiguous. The approved site plan must identify the designated container storage area. ■■ All containers must be stored in a space easily accessible for the resident that is screened from view from the street. (i.e. public right-of-way). Common Collection Points for Individual Containers ■■ Common collection points for individual containers are designated areas where residents roll individual containers for collection. Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" Formatted ... 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Packet Page. 240 Packet Page. 241 Development Criteria Page 3- 20 June 2008 ■■ Common collection points for individual containers are permitted in the Mixed Detached/Attached and Attached land use categories. ■■ Common collection areas shall comply with the following standards: ▪ Common collection areas shall either be in designated off-street or curb-side areas that are identified by signs (stating necessary information such as pick-up hours, no parking hours, return deadlines, penalties, etc…) and, if necessary, be curb-painted. ▪ The maximum container roll distance from any residence shall not exceed 150 feet. ▪ A maximum of 12 homes may roll containers to a common collection area. ▪ Collection vehicles must be able to provide service without backing up. ▪ 25 feet of overhead clearance is required at collection points. ■■ All homes serviced using individual containers shall have a minimum of 9 square feet (3’ x 3’) of designated space for each container and the space for the storage of 2 containers. The container storage space does not have to be contiguous. The approved site plan must identify the designated container storage area. ■■ All containers must be stored in a space easily accessible for the resident that is screened from view from the street. Centralized Collection ■■ Centralized collection areas provide common trash bins for projects without individual containers. ■■ Centralized collection is permitted in the Mixed Detached/Attached and Attached land use categories. ■■ Bin enclosure will have a minimum of 2.5 foot distance between all inside walls of the enclosure and the side edges of the waste container. ■■ Walking distance to bins or compactors should be less than 150 feet from the door of the furthest residence. ■■ Collection vehicles must be able to provide service to residents without backing up, not including the distance required during the stab and lift operation. ■■ 25 feet of overhead clearance is required at collection points. ■■ Developments may utilize a chute to compactor system for both trash and recyclables. Packet Page. 242 University Hills Specific Plan Page 3- 21 ■■ All bins must be screened from view. All bin locations and placement must be approved by Public Works. ■■ All compactors must be the stationary type and are owned and maintained by the development. General Requirements ■■ The conditions, covenants, and restrictions shall include detailed responsibilities of each homeowner for trash container drop-off and pick-up, container spacing, as well as penalties for noncompliance. ■■ All individual containers must be returned within 24 hours of collection. ■■ Trash receptacles shall be covered and completely screened from public rights-of-way and parking areas through site orientation, screening materials (walls/landscaping), or a combination of both, and shall be situated to eliminate noise and visual intrusions and fire hazards. Mobility Plan University Hills is designed with an efficient multimodal circulation system that provides safe and efficient internal and external connectivity. The Mobility Plan, as detailed below, describes the network of roadways and multiuse trails within University Hills that provide a range of options for vehicular, pedestrian, equestrian, and bicycle mobility. Vehicular Circulation As shown in Figure 3-.1, Vehicular Circulation Plan, the University Hills Specific Plan consists of a hierarchy of streets, including collector and local roads, which provide a comprehensive and connected street network. Access to the project site will be provided via (1) an extension of Campus Parkway from the intersection of Northpark Boulevard in an existing right-of-way to the western area of the site, and (2) an extension of Little Mountain Drive from Northpark Boulevard in an existing right-of-way adjacent to the flood control channel to the eastern area of the project site.an entrance at the existing three-way intersection of Campus Parkway (east/west) and Devils Canyon Road (north/south). This entrance runs parallel to the existing West Devils Canyon Levee Road t hen northbound across the San Bernardino County Flood levee to tie into Planning Area 1 of University Hills. Badger Canyon Road will provide a second access to the site, connecting from the southwest portion of the site, west to Devils Canyon Road. All necessary public streets, both on or off site, shall be improved by the developer and dedicated to the City. The typical street cross-sections and plan views are illustrated in FiguresFigure 3-.2 through 3-9. 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Packet Page. 243 Development Criteria Page 3- 22 June 2008 Roadways Primary Collector Primary collectorCollector roads are intended to feed local traffic to arterial roads outside the project site. Primary collector roads shall be designed to complement the character of surrounding uses. Campus Parkway is designated as a primary collector roadway for University Hills, as shown in Figure 3- .1, Vehicular Circulation Plan. Typical cross-sections and plan views are illustrated in FiguresFigure 3-.2 and 3-3. Secondary Collector Secondary collectors are intended as alternative roads for local traffic to access arterial roads outside the project site. The secondary collector roadway designation is assigned to Little Mountain Drive, as shown in Figure 3-1. Typical cross-sections and plan views are illustrated in Figure 3- 4. Primary Local The primary local roadway designation serves local residents and provides access from Campus Parkway to the California Walnut Grove Linear Park. The locations of primary local roads within University Hills are shown in Figure 3-1. Typical cross-sections and plan views are illustrated in Figure 3- 5. Community Local Community local roads will be developed within University Hills with alternative configurations, depending on the adjacent land use. In some instances, the Regional Trail will be located adjacent to the community local roadways. Roadways designated as community local roads in University Hills are shown in Figure 3-1. Typical cross-sections and plan views are illustrated in Figures 3-6 through 3-8. 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Roadways designated as neighborhood local roads in University Hills are shown in Figure 3-.1. A typical cross-section and plan view are illustrated in Figure 3-9.2. Alleys Alleys may be found in some residential neighborhoods depending on the type of product. A 30 foot wide alley (24-foot wide paved area with a 3 foot apron on each side) is required in alleys where parking is prohibited, and a 34 foot wide alley (28 foot wide paved area with a 3 foot apron on each side) is required in alleys that allow parkingAlleys are not depicted on the Vehicular Circulation Plan, as they will be the function of individual projects and approved during the tract map process. 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Packet Page. 247 Page 3- 26 June 2008 Development Criteria Packet Page. 248 University Hills Specific Plan Page 3- 27 Figure 3-2 Primary Collector I This page intentionally left blank. Packet Page. 249 Page 3- 28 June 2008 Development Criteria Packet Page. 250 University Hills Specific Plan Page 3- 29 Figure 3-3 Primary Collector II This page intentionally left blank. Packet Page. 251 Page 3- 30 June 2008 Development Criteria Packet Page. 252 Packet Page. 253 Development Criteria Page 3- 30 June 2008 This page intentionally left blank. Packet Page. 254 University Hills Specific Plan Page 3- 31 Figure 3-5 Primary Local Packet Page. 255 Page 3- 32 Development Criteria June 2008 This page intentionally left blank. Packet Page. 256 University Hills Specific Plan Page 3- 33 Figure 3-6 Community Local I Packet Page. 257 Page 3- 34 Development Criteria June 2008 This page intentionally left blank. Packet Page. 258 University Hills Specific Plan Page 3- 35 Figure 3-7 Community Local II Packet Page. 259 Page 3- 36 Development Criteria June 2008 This page intentionally left blank. Packet Page. 260 University Hills Specific Plan Page 3- 37 Figure 3-8 Community Local III Packet Page. 261 Page 3- 38 Development Criteria June 2008 This page intentionally left blank. Packet Page. 262 University Hills Specific Plan Page 3- 39 Figure 3-9 Neighborhood Local Packet Page. 263 Development Criteria Page 3- 40 June 2008 This page intentionally left blank. Packet Page. 264 University Hills Specific Plan Page 3- 41 Emergency Vehicle Access Emergency Vehicle Access roads provide additional access for emergency vehicles in the event of an emergency. Portions of these roads have dual use with maintenance roads serving water quality or detention basins or slopes, thereby minimizing the grading and disturbance to the hillsides and natural open space. The access roads will consist of compacted base and gravel. Transit University Hills is committed to reducing vehicular trips through the increased use of local transit. CSUSB is currently studying the feasibility of providing shuttle service within approximately one mile of the campus. University Hills encourages the establishment of a local shuttle service and will participate in the decision-making process. A preferred route for the proposed shuttle service through University Hills is shown in Figure 3-10, Transit Circulation Plan. University Hills is designed to provide bicycle and pedestrian connections to the transit stops shown on Figure 3-10. The master developer will coordinate with Omnitrans on the final location of the shuttle stops and transit route. University Hills is committed to reducing vehicular trips through the increased use of local transit. Currently, foursix (6) Omnitrans bus lines provide service to CSUSB. Routes 5, 7, and 112, 6, 312 and sbX (bus rapid service route), as well as the Sunline Transit line, Victor Valley Transit line, provide connections between CSUSB and the 4th Street Transit Station in downtown San Bernardino. Route 2 provides connections between CSUSB, the 4th Street Transit Station in downtown San Bernardino, and Loma Linda.Center and the Fontana Metrolink Transit Center. From the 4th Street Transit StationStations riders can transfer to Omnitrans lines connecting to sixvarious area Metrolink stations. The bus stop located on the CSUSB campus is approximately 0.75 miles from the clubhouse at University Hills. Omnitrans is a joint-powers authority governed by a 20-member Board of Directors representing the County of San Bernardino and the 15 cities Omnitrans serves. As bus routes change and development occurs in University Hills, the accommodation of transit lines should be coordinated with Omnitrans. 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Packet Page. 268 University Hills Specific Plan Page 3- 45 Trails, Parks and Open Spaces As shown on Figure 3-11.3, Trails, Parks and Open Space Plan, the University Hills Specific Plan provides abundant parks and open space that serve multiple functions: as recreational and educational opportunities, as buffers, as visual landmarks, as theme setters, and as an interconnecting system of trails. The parks and open space are easily accessible to every resident in University Hills. ParksPassive parks are located to ensure that all homes are within one- quarter mile of a park or passive open space area and are interconnected by a comprehensive system of trails. Maximum buildout of the University Hills Specific Plan would accommodate 980327 units and a population of approximately 3,2831,100 residents. Based on the City’s standard of 5 acres of parkland per 1,000 residents, full buildout of the Specific Plan would result in the need to provide 16.4roughly 5 acres of parkland or an equivalent fee in lieu of dedicated parkland. University Hills exceeds the City’s requirement and provides approximately 256347 total acres of public and private parkland, open space, and trails, as summarized in Table 3-.6 and further described below. Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 269 Page 3- 46 June 2008 Development Criteria Table 3-.6 : Open Space, Parks, and Recreation Facilities Summary Private Parks/Recreation Facilities Acres Private Parks Clubhouse 2.2 Subtotal PrivatePublic Parks/Recreation Facilities 2.2 Public Parks Glider Park 2.1 California Walnut Grove Linear Park 5.0 Neighborhood Recreation Facility (PA 17Park 1 and Paseo (PA1) 7.56 0.5 Neighborhood Recreation Facility (PA 19)Open Space 39.30 0.5 Regional Trail 1.5 Internal Trails 2.1 Land Laboratory Trails 7.3 Subtotal Public Parks/Recreation Facilities 46.86 19.0 Open Space Land LaboratoryBadger Canyon Open Space 300.44 234.8 Subtotal Public Parks/Recreation FacilitiesOpen Space 300.44 234.8 TOTAL 347.30 256.0 Notes: The area for trails was determined using the standard recreational Trail width of 4 feet within a 12 foot wide easement. Formatted ... Formatted ... Formatted ... Formatted ... Formatted Table ... Deleted Cells ... Formatted ... 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Figure 3-11 Trails, Parks, and Open Space Plan Packet Page. 273 Page 3- 50 June 2008 Development Criteria Packet Page. 274 Packet Page. 275 Development Criteria Page 3- 50 June 2008 Trails A diverse and comprehensive trails system is an integral part of University Hills. The interconnected system will allow residents to walk or bike between neighborhood parks, open space, and the clubhouse and, if eventually provided on site, access transit.connect to trails, bikeways and sidewalks outside the project area. The varied designs and scenic locations of planned trails will encourage trail use, help to reduce automobile use within the community, and promote healthier lifestyles. The trail system is also expected to connect with similar trails on adjoining public lands. All trail connections with public lands will be planned in coordination with the Parks and Recreation Department and the Development Services Department. Appropriate access and use restrictions should be determined prior to construction of any public land trail connections. The planned trail system is comprised of the Regional Trail, community trails, and recreation trails, as shown on Figure 3-11.3, Trails, Parks, and Open Space Plan. The three (3) types of trails in the University Hills Specific Plan are described below. Regional Multipurpose Trail A 6,391-foot-longA portion of the City’s regional multipurpose trail system runs east–west through University Hills as a combination 8-foot-wide multipurpose trail and a 6-foot-wide sidewalk., as shown in Figure 3.10 Conceptual Trail Sections. The multipurpose portion of the trail will be surfaced with decomposed granite or other appropriate surface and be suitable for hiking and equestrian use. The regional trail will include fitness stations along its length through University Hills. The 6-foot- wide sidewalk will be paved and is intended for leisurely walking. See Figures 3-12 through 3-14 for conceptual cross-sections of the regional trail. CommunityNeighborhood Trails CommunityNeighborhood trails are 12-six (6) foot- wide paved combined walkways and Class I bikeways. The decomposed granite pathways that connect the community to other existing trails have been located to provide pedestrians and bicyclists convenientthroughout the project area. Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Left, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Normal, Left, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted ... Packet Page. 276 This page intentionally left blank. University Hills Specific Plan Page 3- 51 Fire Access Trails A trail is planned along the north side of Planning Area 1 to take advantage of the fire access to the clubhouse, potential transit stops, and the California Walnut Grove Linear Park. Community trails road while also providing additional recreational amenities to residents. The trail is approximately 15 feet wide and will be surfaced with asphalt or concrete over a compacted gravel base. See decomposed granite, as shown in Figure 3-15 for a conceptual cross-section of the community trails.10 Conceptual Trail Sections. The trail connects the northeast corner of the Specific Plan to Badger Canyon. Recreation Trails As shown on Figure 3-11, Recreational Trails are conceptual and represent the need to provide off-street connections in certain locations; however, the exact alignment is not predetermined but will be established with each tract Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 277 Page 3- 52 June 2008 Development Criteria map. The alignment of conceptual connections may be moved to suit the needs of each development; however, the ends of the conceptual connections must align between tract maps and Planning Areas. Recreation trails will generally be a minimum of four feet wide. See Figure 3-16 for a conceptual cross-section of the recreation trails. Pedestrian and Bicycle Circulation An objective for University Hills is to create a lifestyle that promotes walking and bicycling and enhances the community’s health and wellness. Accordingly, University Hills includes an extensive system of trails, as shown in Figure 3-11.3, Trails, Parks, and Open Space Plan. The pedestrian and bicycle circulation system connects important community features, such as the California Walnut Grove Linear Park, Glider Park, the clubhouse, other publicresidents to neighborhood parks, and the CSUSB Land Laboratory.open space. The pedestrian and bicycle circulation system also makes a vital connection to CSUSB via Class I and Class II bike paths and lanes. The University Hills clubhouse is located approximately a half-mile (10-minute walk) from the campus. This pedestrian and bicycle linkage will promote safe nonvehicular movement throughout University Hills and to CSUSB. As shown in Figure 3-11.3, the pedestrian circulation system is composed of public on-/and off-street sidewalks and trails. On- street trailssidewalks are depicted in the roadway sections described earlier. The off-street trails are described in this section. While not depicted in Figure 3-11.3, direct pedestrian connections to the Regional Multipurpose Trail shall be provided from Planning Areas 16, 18, and 20. Bicycle circulation in University Hills occurs on the roadways and trails as follows. ■■ Class I: off-road bike paths located in the multipurpose trails. All trails are intended to be used by both bicyclists and pedestrians. ■■ Class II: striped on-street bike lanes. ■■ Class III: nonstriped, on-street bike lanes. Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Left, Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" + 1.35" Formatted ... Formatted ... Formatted ... Packet Page. 278 University Hills Specific Plan Page 3- 53 Figure 3-12 Regional Multipurpose Trail Conceptual Cross- Section (Typical) Packet Page. 279 Page 3- 54 June 2008 Development Criteria Packet Page. 280 University Hills Specific Plan Page 3- 55 This page intentionally left blank. Figure 3-13 Regional Multipurpose Trail Conceptual Cross- Section (Split Grade) Packet Page. 281 Page 3- 56 June 2008 Development Criteria Packet Page. 282 University Hills Specific Plan Page 3- 57 This page intentionally left blank. Figure 3-14 Regional Multipurpose Trail Conceptual Cross- Section (Split Grade with Retaining Wall) Packet Page. 283 Page 3- 58 June 2008 Development Criteria Packet Page. 284 University Hills Specific Plan Page 3- 59 This page intentionally left blank. Figure 3-15 Community Trail Conceptual Cross-Section Packet Page. 285 Page 3- 60 June 2008 Development Criteria Packet Page. 286 Packet Page. 287 Development Criteria Page 3- 60 June 2008 Figure 3-16 Recreation Trail Conceptual Cross-Section Packet Page. 288 University Hills Specific Plan This page intentionally left blank. Page 3- 61 Packet Page. 289 Development Criteria Page 3- 62 June 2008 Parks Glider Park. This 2.1-acre park is in the northwest corner of the residential community. The park serves a dual purpose: as a community gathering area and as a safe approach zone for the hang gliders landing at the adjacent Andy Jackson Airpark. See Figure 3-17, Glider Park Conceptual Site Plan, for a conceptual plan for the park.Open Space Glider Park shall accommodate a minimum of 3 amenities such as play equipment, interpretive area, community garden, dog comfort station, open green areas, and shaded picnic areas. Landscaping and structures within the safe approach zone shall not exceed grass height. Glider Park areas, com California Walnut Grove Linear Park. This 5-acre community park is centrally located within University Hills. The park shall accommodate a minimum of 3 amenities such as exercise stations, interpretive kiosks, walking paths, dog comfort stations, shaded picnic areas, and gathering areas. In addition a trailhead, with vehicular parking, will be located at the southern end of the park. See Figure 3-18, California Walnut Grove Linear Park Conceptual Site Plan, for a conceptual plan for the park. Half-Acre Parks. Two 0.5-acre parks are depicted on the land use diagram; however, their exact location may vary within each residential planning area. These parks will be both active and passive and shall include a minimum of 5 amenities such as pools, spas, barbeques, Jacuzzi, small pool houses for equipment and restrooms/showers, open green areas, community gardens, shade structures with tables and chairs, and gathering areas. See Figures 3-19 open gree The Walnu and 3-20 for a conceptual site plan for half-acre parks. provide pa as hiking, a Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", First line: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Bold, Not Expanded by / Condensed by , Ligatures: Standard + Formatted: Font: (Default) Aptos, 11 pt, Bold, Ligatures: Standard + Contextual Packet Page. 290 University Hills Specific Plan This page intentionally left blank. Page 3- 63 Half-acre p variety of p recreation Packet Page. 291 Page 3- 64 June 2008 Development Criteria Clubhouse. This 2.2-acre active recreation facility will form the hub of activity for University Hills. The private clubhouse may include recreational amenities such as tennis courts, spa, gym, fireplace room, restrooms, meeting rooms, and a pool. The clubhouse will be designed to create a visual impact at the main entry to University Hills. Figure 3-21, Clubhouse Conceptual Site Plan, shows a conceptual site plan for the recreation center. The following provide guidance for the use and The private clubhouse will act as development of the Clubhouse: an activity center for the residents of University Hills. ■■ Conference facilities will be made available to CSUSB staff and faculty with appropriate reservations. ■■ Transit passes and route information may be sold/available in the clubhouse. ■■ Fire safety and sustainable education materials will be made available in the clubhouse. ■■ The Clubhouse shall include restrooms, meeting room(s), and a minimum of 5 amenities such as sports court(s), spa, gym, community garden, fireplace room, outdoor barbeque, Jacuzzi, and/or pool Packet Page. 292 University Hills Specific Plan Page 3- 65 Figure 3-17 Glider Park Conceptual Site Plan Packet Page. 293 Page 3- 66 June 2008 Development Criteria Packet Page. 294 University Hills Specific Plan Page 3- 67 This page intentionally left blank. Figure 3-18 California Walnut Grove Linear Park Conceptual Site Plan Packet Page. 295 Page 3- 68 June 2008 Development Criteria Packet Page. 296 University Hills Specific Plan Page 3- 69 This page intentionally left blank. Figure 3-19 Half-Acre Park (PA 17) Conceptual Site Plan Packet Page. 297 Page 3- 70 June 2008 Development Criteria Packet Page. 298 Packet Page. 299 Development Criteria Page 3- 70 June 2008 Figure 3-20 Half-Acre Park (PA 19) Conceptual Site Plan Packet Page. 300 University Hills Specific Plan This page intentionally left blank. Page 3- 71 Packet Page. 301 Development Criteria Page 3- 72 June 2008 Figure 3-21 Clubhouse Conceptual Site Plan Packet Page. 302 University Hills Specific Plan This page intentionally left blank. Page 3- 73 Packet Page. 303 Development Criteria Page 3- 74 June 2008 Land Laboratory Badger Canyon Open Space. Located within Planning Area 2, north of the residential areas of University Hills, the Land LaboratoryBadger Canyon Open Space is a 235300-acre open space area to be dedicated to CSUSB (See Figure 2-6).. Existing trails in the Land Laboratoryopen space will be retained as public trails. The Land Laboratory is intended to provide a wide range of educational opportunities for CSUSB students and faculty in a variety of curriculum areas. The Land LaboratoryThe open space contains a variety of native vegetation species, natural drainages, including Badger Creek, and the San Andreas Fault system. The proximity of these features to the CSUSB campus provides unique educational opportunities. It is envisioned that the biology, geology, geography and environmental studies, and science education departments would be the primary users of the Land Laboratory, but it could be used by other disciplines. Potentially other educational users, such as local public or private schools, could use the site. ■■ Landscape adjacent to the Land LaboratoryBadger Canyon Open Space shall use the plants listed in the plant palette for the fuel modification zone (Table 3-9Appendix B) to minimize the intrusion of nonnative plants. ■■ CSUSB will be responsible for the improvementinvasive and maintenance of the Land Laboratoryhighly flammable plant material. ■■ The main use of the Land LaboratoryBadger Canyon Open Space is as undisturbedundeveloped and natural open space; however, the following types of uses may also be accommodated: ▪ Pedestrian trails and bridges ▪ Caretaker unit ▪ Amphitheater ▪ Informational displays and kiosks ▪ Composting areas ▪ Restroom ▪ San Andreas fault stations (excavations or road cuts into bedrock where geology can be studied) ▪ Gauging station to measure stream flows Learning center ■■ Vehicular parking for the Land LaboratoryBadger Canyon Open Space will be provided at the parking area in the California Walnut Grove Linear Parkon adjacent streets. Formatted ... Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted ... Formatted: Normal, Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" Formatted ... Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.6" + 3.6" Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.6" + 3.6" Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.6" + 3.6" Formatted ... Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" Formatted ... Packet Page. 304 University Hills Specific Plan This page intentionally left blank. Page 3- 75 ■■ Public access will be restricted to the existing trails by a combination of signage, fencing, and physical barriers (e.g., rock piles at trails). Public trails identified on Figure 3-11.3, Trails, Parks, and Open Space Plan, will be become trail easements and be maintained through a Community Facility District (CFD) and administered by the Public Works Department. Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Italic, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Italic, Ligatures: Standard + Contextual Packet Page. 305 Page 3- 76 June 2008 Development Criteria Plan, will become trail easements and be maintained through a landscape and lighting maintenance district (LLMD) and administered by the Parks Department. Packet Page. 306 University Hills Specific Plan Page 3- 77 Neighborhood Parks. Three (3) neighborhood parks are provided within Planning Area 1, connected by a linear paseo, totaling approximately 7.56 acres. As shown in Figures 3.5, 3.6 and 3.7 Conceptual Park Plan 1, 2, and 3 (respectively), the three parks include amenities including open lawn areas, seating, picnic tables, exercise stations and a tot lot and are connected by a paseo containing an eight (8) foot wide trail and six (6) foot wide sidewalk and landscaping. Fire Protection Plan University Hills is located within a designated high fire hazard area. To protect lives and property, an extensive fire protection plan has been developed by Dudek as part of the University Hills Specific Plan. This section provides a summary of the Fire Protection Plan, as detailed in Appendix CG. The fire protection plan consists of fuel modification zones, landscaping methods/materials, building construction/protection systems, and on-going education of residents. Fuel Modification Zones One of the most basic components of fire protection is to change and reduce the fuel that allows a fire to burn. Simply put-if there is no fuel, the fire has nothing to burn. In University Hills, there are three zones, called Fuel Modification Zones, where the type, spacing, irrigation, and maintenance of landscaping are strictly controlled. The Fuel Modification Zones will keep the flames far enough away from structures that, in combination with other efforts, the buildings will not ignite. The locations of Fuel Modification Zones are shown on Figures 3-22 and 3-23. Cross-sections of the Fuel Modification Zones are shown on Figures 3-24A and 3-24B. The Fuel Modification Zones are detailed below and in Figure 3-25. In.13 through Figure 3.17. As shown in these Figures, the fuel modification zones are measured from the event that building in all side and rear lot lines and/or a portion of Planning Area 15 is not feasible, then buildable pad areas of the Fuel Modifications Zones willresidential lots, except for the 20 foot Roadside zones, which may be adjusted accordingly, as describedlocated in Section 6, Implementationsome front yards. Fuel Modification Zone A–This zone provides a 10-20 foot defensible space for fire suppression forces and protects structures from radiant and convective heat. Fuel Modification Zone A includes the following requirements: ■■ Fuel Modification Zone A shall be as shown on Figures 33-24A and 3-24B and in no case shall Fuel Modification Zone A be less than 10 feet. ■■ Fuel Modification Zone A shall be located on a level graded area at the top or base of a slope shall be between Zone B and the structure. ■■ Fuel Modification Zone A shall be maintained by the homeowner. Wet Zone – This zone requires a minimum depth of 50 feet of irrigated landscaping behind any required setback. ■■ Combustible construction is not allowed. ■■ Automatic irrigation systems are required to maintain healthy vegetation with high moisture content. ■■ Irrigation shall be maintained outside the drip line of native oak trees ■■ Pruning of foliage to reduce fuel load and vertical continuity and the Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" + 3.35" Formatted ... Formatted ... Packet Page. 307 Page 3- 78 June 2008 Development Criteria removal of plant litter and dead wood is required as necessary. Packet Page. 308 University Hills Specific Plan Page 3- 79 ■■ Complete removal of fire prone plant species and minimal allowance for retention of selected native vegetation as required in the Landscape Plant Palette, Table 3-9. ■■ Plant material shall be selected from the Plant Palette for Fuel Modification Zones, Table 3-9Appendix B. No highly combustible plant species are allowed. ■■ Tree species are not allowed within 10 feet of combustible structures, as measured from the edge of the full grown crown. ■■ Special considerations are permitted for rare and endangered species, geologic hazards, tree ordinances, or other conflicting restrictions and shall be reviewed and approved by the Fire Chief. ■■ Plants listed on the Plant Removal List contained in Table 3-9Appendix B shall be removed by the property owner. ■■ Maintenance, including ongoing removal and/or thinning of combustible material, replacement of dead/dying fire resistant planting, maintenance of the operational integrity and programming of irrigation systems, and regular pruning is required. Maintenance, including ongoing removal and/or thinning of combustible material, replacement of dead/dying fire resistant planting, maintenance of the operational integrity and programming of irrigation systems, and regular pruning is required. Shrub requirements, including Height and Massing to be followed as provided by the Fuel Modification Plan. Groundcover mulch that meets the requirements of the Fuel Modification Plan. Thinning Zone B–– This zone provides 50 to 150 foot irrigated landscaped areas to help reduce combustible fuels. Fuel Modification Zone B includes the following requirements: ■■ Fuel Modification Zone B shall be as shown on Figures 3-24A and 3- 24B. ■■ Fuel Modification Zone BThe thinning zone shall be maintained by LLMDa CFD or other entity acceptable to the City. ■■ Landscape plans shall delineate that portion of the fuel modification area that will be permanently irrigated. ■■ Plant material selection, irrigation system design, and the landscape maintenance management plan shall sensitively address water conservation practices and include methods for erosion control to protect against slope failure. ■■ All irrigation shall be kept a minimum of 20 feet from the drip line of any existing native Quercus (oak) species. ■■ Combustible construction is not allowed. ■■ Special considerations are permitted for rare and endangered species, geologic hazards, tree ordinances, or other conflicting restrictions and shall be reviewed and approved by the Fire Chief. ■■ Ground cover shall be maintained at a height not to exceed 18 inches. ■■ Native grasses shall be allowed to seed and shall be cut after annual seeding to a maximum height of 8 inches. 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Packet Page. 309 Page 3- 80 June 2008 Development Criteria ■■ Irrigation shall be designed to supplement native vegetation and establish/maintain planted natives and ornamentals. ■■ Plant material shall be selected from the Plant Palette for Fuel Modification Zones, Table 3-9. ■■ Trees and tree-form shrubs (shrubs that naturally exceed 4 feet in height) shall be spaced and pruned in conformance with the requirements contained in Appendix C. ■■ Tree-form shrubs less than 4 feet in height and other shrubs shall be spaced such that they do not create an excessive fuel mass and can maintained in accordance with specified spacing as indicated on the Fuel Modification Plans in Appendix C. ■■ Sensitive and/or protectedB and no highly combustible plant species shall be identified on the fuel modification plans and tagged in the field for further dispositionare allowed. ■■ Landscaping shall be in accordance with the planting guidelines and spacing standards as specified in Appendix C. ■■ Plants listed on the Prohibited Plant Removal List contained in Table 3-9Appendix B shall be removed. ■■ All dead or dying vegetation shall be removed and all fine fuels shall be reduced to a height of 8-12 inches. Fuel Modification Zone C–This zone provides a non-irrigated 50% thinning zone with removal of all dead and dying vegetation and undesirable species. Zone C is 40 to 70 feet in width. Thinning zones are utilized to reduce the fuel load of wildland fires. Fuel Modification Zone C includes the following requirements: ■■ Removal of all dead and dying vegetation with all fine fuels reduced to a maximum of 8 to12 inches in height. ■■ Fuel Modification Zone CVegetation shall be maintained byto prevent a LLMD. ■■ In order to maintain proper coverage, native grasses shall be allowed to go to seed. Native grasses shall be cut after annual seeding. Cut heights shall not exceed 8 inches. ■■ Any plants selectedpath for planting in this zone will be chosen from the approved plant list in Table 3-9, for the setback, irrigated, or thinning zonefire to reach structures. Maintenance, including ongoing removal and/or thinning of combustible material, replacement of dead/dying fire resistant planting, maintenance of the operational integrity and programming of irrigation systems, and regular pruning is required. ■■ Special considerations are permitted for rare and endangered species, geologic hazards, tree ordinances, or other conflicting restrictions and shall be reviewed and approved by the Fire Chief. 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Packet Page. 310 University Hills Specific Plan Page 3- 81 ■■ Reduce fuel loading by reducing the fuel in each remaining shrub or tree without substantial decrease in the canopy cover or removal of tree holding root systems. ■■ Sensitive and/or protected speciesThe Fuel Modification Zones shall be identified on -the fuel modification plans and tagged in the field for further disposition. ■■ Trees and tree-form shrubs (shrubs that naturally exceed 4 feet in height) shall be spaced and pruned in conformance- ground with the requirements containedmarkers identified as detailed in Appendix CG. ■■ Tree-form shrubs less than 4 feet in height and other shrubs shall be spaced such that they do not create an excessive fuel mass and can maintained in accordance with specified spacing as indicated on the Fuel Modification Plans in Appendix C. ■■ Maintain sufficient cover to prevent erosion without requiring planting. Manufactured slopes within or in the vicinity of Fuel Modification Zones – This area identifies manufactured slopes beyond or in the vicinity of the Fuel Modification Zones and is intended to reduce the fuel load of a manufactured slope. ■■ Plant material shall be selected from the Plant Palette for Fuel Modification Zones, Table 3-9Appendix B. ■■ Additional plant material may be used upon approval by the San Bernardino City Fire Department. ■■ Maintenance per LLMDCFD requirements. Additional Fuel Modification Requirements–the following shall be required for the completion and maintenance of all Fuel Modification Zones. ■■ The Fuel Modification Zones shall be identified on-the-ground with the markers identified as detailed in Appendix CG. Prior to Issuance of Building Permits, easements and/or permission for maintenance purposes will be obtained for any offsite Fuel Modification Zones. ■■ Prior to Issuance of Building Permits, the Fuel Modification Zones shall be completed to the levels deemed necessary by the Fire Chief. ■■ Prior to Issuance of Certificate of Occupancy, the Fuel Modification Zones shall be installed and completed per the fire protection plan and inspected and approved by the Fire Chief. ■■ Prior to acceptance by the HOAmaintenance entity of the Fuel Modification Zones, a meeting will be held with the SBFDSan Bernardino County Fire Department (SBCFD) Fire Inspector, landscape design professional, landscape installation contractor, HOAmaintenance entity representative, and LLMDCFD representative to discuss the requirements and Formatted ... Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" Formatted ... 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Fuel Modification Zones located within residential lots may require easements and/or be shown on an Environmental Constraints sheet. ■■ The Fuel Modification Zones shall be maintained as originally installed and approved. Building Construction/Protection Systems By themselves, the setbacks, materials, and methods stipulated in the Fuel Modification Zones are not enough to prevent structures from igniting. Airborne embers can ignite fires great distances from the flames themselves. Many homes actually burn from the inside-out due to embers blowing into attic vents or under barrel tiles with openings that allowed embers to ignite a roof. Accordingly, structures in University Hills shall adhere to the following standards:most current Building Code requirements, including Chapter 7A which establishes minimum standards to protect life and property for a building located in a Fire Hazard Severity Zone or Wildland-Urban Interface Fire Area. These standards require fire sprinklers in every home, fire resistant vents, and other requirements for ignition-resistant construction and fire-resistant materials. ■■ All structures shall be equipped with automatic fire sprinklers, built per the specifications of the SBFD. ■■ Roof coverings shall be a minimum Class A roof assembly. ■■ All structures within 200 feet of a Fuel Modification Edge, as shown on Figures 3-22 and 3-23, shall receive Enhanced Construction on all 4 sides of the structure per California Building Code, Chapter 7A, Phase II. ■■ All structures within University Hills but outside of the area 200 feet from a Fuel Modification Zone edge, as shown on Figures 3-22 and 3-23 shall receive Enhanced Construction on all 4 sides of the structure per California Building Code, Chapter 7A, Phase II, excluding exterior glazing and window requirements. ■■ All 4 sides of structures shall incorporate the following: ▪ Exterior walls shall be constructed of non-combustible materials or 1-hour fire resistant construction. Openings shall not be permitted in such walls with the exception of 1-3/8” (34 MM) solid core doors, metal doors, and multi-glazed windows and doors. ▪ Attic and foundation ventilation openings in vertical walls and attic roof vents shall not exceed 144 square inches per opening and shall be covered with metal louvers and minimum ¼” (6.25 MM) mesh, corrosive resistant metal screens. Ventilation openings and access doors shall not be permitted on walls facing the fuel modification zones as shown on Figure 3-25. ▪ Cornices, eave overhangs, soffits, exterior balconies, and patio covers and similar architectural features/projections on the exposed sides of structures shall be of noncombustible material, Formatted: Normal, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" Formatted ... 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Packet Page. 312 University Hills Specific Plan Page 3- 81 or enclosed with 1-hour fire resistant material, or of heavy timber construction conforming to Section 605.6 of the adopted Building Code. ▪ Spaces between the rafters at the roof overhangs shall be protected by noncombustible materials or with double, 2 inch (51MM) nominal solid blocking under the exterior wall covering. ▪ Ventilation openings or other openings shall not be permitted in the eave overhangs, soffits, between rafters at eaves, or in other overhanging areas on walls facing the fuel modification zones as shown on Figure 3-25. ▪ Exterior wall venting shall not be allowed on walls facing the fuel modification zones. ▪ The walking surface of balconies and decks shall be constructed of fire resistant materials. ▪ Roof coverings shall be at a minimum Class A roof assembly. ▪ Skylights shall have a noncombustible frame and shall either be of dual glazing of heat-strengthened or fully tempered glass or shall be a 1-hour fire resistant assembly. On-Going Education In addition to the built-in Fuel Modification Zones and construction techniques, the active participation of the homeowners is necessary to adequately protect University Hills. Accordingly, the following shall be required: ■■ The fire threat, Fuel Modification Zone requirements, maintenance responsibilities, protection plans, approved plant palette, list of unacceptable plants, preventative measures, and evacuation routes shall be disclosed to potential homebuyers prior to the sale of any residence and readily available in the clubhouse. ■■ The HOA shall sponsor annual clinics conducted by fire professionals to educate residents on the fire threat, Fuel Modification Zone requirements, maintenance responsibilities, protection plans, landscaping requirements, preventative measures, and evacuation routes. Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 313 Development Criteria Page 3- 82 June 2008 Figure 3-22 Fire Protection Plan (Western Development Area) Packet Page. 314 University Hills Specific Plan Page 3- 83 This page intentionally left blank. Packet Page. 315 Page 3- 84 June 2008 Development Criteria Figure 3-23 Fire Protection Plan (Eastern Development Area) Packet Page. 316 University Hills Specific Plan Page 3- 85 This page intentionally left blank. Packet Page. 317 Page 3- 86 June 2008 Development Criteria Figure 3-24A Fuel Modification Zones Packet Page. 318 University Hills Specific Plan Page 3- 87 This page intentionally left blank. Packet Page. 319 Page 3- 88 June 2008 Development Criteria Figure 3-24B Fuel Modification Zones Packet Page. 320 University Hills Specific Plan Page 3- 89 This page intentionally left blank. Packet Page. 321 Development Criteria Page 3- 90 June 2008 Figure 3-25 Fuel Modification Zone Details Packet Page. 322 University Hills Specific Plan Page 3- 91 This page intentionally left blank. Packet Page. 323 Page 3- 92 Development Criteria June 2008 Seismic/Geologic Safety University Hills is located within the San Andreas Fault zone and includes three (3) active faults including: South Branch of the San Andreas Fault, which runs in an east–west direction along the entire length of the project; the Mill Creek Fault, which is located approximately 600 feet north of the South Branch, and; the North Branch San Andreas Fault, which is located approximately 1,600 feet north of the South Branch (see Figure 1-.3). These faults run in an east-west direction and were precisely located through detailed geologic investigations (see the EIR appendices) to establish safe, structural setback limits. In addition, historical landslide areas have been identified north of the South Branch of the San Andreas Fault (see Figure 1-53.12). Due to the potential seismic and geologic hazards, proposed development in University Hills is subject to the following: ■■ Prior to the issuance of tract maps, grading permits, or building permits in the area north of the South Branch of the San Andreas Fault (Planning Area 15), detailed, site specific geologic investigations shall be required to determine slope stability, landslide limits, and appropriate structural and grading requirements. This study must demonstrate that any pads and associated residences to be built in this area will not be subject to landslides. This measure shall be implemented to the satisfaction of the City Planner in consultation with the County Geologist or qualified geotechnical personnel retained by the City. If it determined that building in all or a portion of Planning Area 15 is not feasible and/or the units are transferred to another Planning Area, then the land use for Planning Area 15 shall revert to Open Space and, as necessary for slope stability and grading, Internal Slopes. Development of the water storage tank in Planning Area 23 is only necessary if development occurs in Planning Area 15. If development does not occur in Planning Area 15, then the land use for Planning Area 23 shall revert to Open Space. ■■ New construction and significant alterations to structures located within Planning Area 15 shall be evaluated for site stability, including potential impact to other properties during project design and review. ■■ All structures within University Hills shall be required to meet or exceed the applicable seismic design standards of the California Building Standards Code, which correspond to the level of seismic risk in a given location. Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 324 University Hills Specific Plan Page 3- 93 ■■ Construction of habitable buildings shall not occur over or within 50 feet of any known active fault or as required by the geotechnical analyses. ■■ No water reservoir or booster pump station shall be constructed within 15 feet of an active fault. ■■ Grading for building pads and roads shall conform to specifications of the geologist, based on a soils study and final geotechnical study. ■■ Flexible materials and joints shall be used for infrastructure (e.g., roads, sewer and water lines) located across know faults. ■■ Flexible pipe fittings should be used to avoid gas or water leaks. Flexible fittings are more resistant to breakage. ■■ The final project grading plan shall be reviewed by the City geologist. Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Bold, Ligatures: Standard + Contextual Packet Page. 325 Page 3- 94 June 2008 Development Criteria Grading and Infrastructure Plans Introduction This section details the on-/off-site plans for the grading, potable water, drainage, and sewer systems necessary to accommodate buildout of University Hills. Grading Plan University Hills has been responsibly designed to fit into the existing landscape, at the same time meeting the intent of the City of San Bernardino Hillside Management Overlay Zone. The Conceptual Grading Plan for University Hills is illustrated in Figure 3- 26.18, Conceptual Grading Plan. The details of the geotechnical studies can be found in the EIR appendices. Development within University Hills avoids steep hillside areas and clusters development in the lower foothill areas. This has the following benefits in terms of grading impacts: ■■ Minimizes hillside grading and scarring that would be visible from public rights-of-way. ■■ Preserves Badger Canyon in its natural condition and minimizes impacts on natural topography. ■■ Maintains significant natural drainage courses within the proposed development area to enhance water quality. The Hillside Management Overlay Zone applies to average slopes 15 percent or greater. Slopes less than 15 percent at the base of the hillsides are excluded from the density and development provisions of the Hillside Management Overlay Zone. Figure 1-4 shows the areas within University Hills that are subject to the Hillside Management Overlay Zone as well as the proposed development footprint. As can be seen on Figure 1-.4, the development footprint for University Hills is contained in areas where average slopes are less then 15 percent. The overall goals of the site-specific grading guidelines are to minimize the height of visible slopes, provide for more natural-appearing manufactured slopes, minimize grading quantities, minimize slope maintenance and water consumption, and provide for stable slopes and building pads. All preliminary and final grading plans shall be prepared in accordance with the Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" + 3.35" Formatted ... Formatted ... Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted ... Packet Page. 326 University Hills Specific Plan Page 3- 95 Uniform Building Code and Title 15 of the City of San Bernardino Municipal Code, except as modified herein and approved by the City Engineer. General Guidelines ■■ Minimize grading where possible. ■■ Avoid grading in areas where slopes exceed and average of 15 percent to the greatest extent possible. ■■ Where a cut or fill slope is privately owned and is adjacent to a lot line, the lot line shall be located at the top of the slope. ■■ Terrace drains and benches will be added where slope height exceeds 30 feet in accordance with the Uniform Building Code. In some instances benches will be widened to provide for dual use as a recreation trail. ■■ Proper drainage facilities and patterns will be facilitated throughout the site to minimize erosion on graded slopes. ■■ Existing significant drainage courses will be maintained as much as possible. ■■ Final grading design shall adhere to the final soils report recommendations. ■■ Grading shall be performed under the supervision of a registered soils engineer. ■■ Final grading plans shall be prepared and certified by a registered Civil Engineer and Registered Geotechnical Engineer in the State of California Board of Professional Registration and approved by the City Engineer. ■■ Prepare and process a Storm Water Pollution Prevention Program (SWPPP) prior to grading. ■■ Prior to the issuance of grading permits in the area north of the South Branch of the San Andreas Fault (Planning Area 15), detailed, site specific geologic investigations shall be required to determine slope stability, landslide limits, and appropriate structural and grading requirements. This study must demonstrate that any pads and associated residences to be built in this area will not be subject to landslides. This measure shall be implemented to the satisfaction of the City Planner in consultation with the County Geologist or qualified geotechnical personnel retained by the City. ■■ Preserve the natural terrain as much as possible by focusing development in the development footprint shown on Figure 3- 26.18. Formatted: Normal, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" + 1.35" Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" Formatted ... Packet Page. 327 Page 3- 96 June 2008 Development Criteria ■■ Retaining walls may be used to minimize slope heights, especially in areas that are not visible from public rights-of-way. ■■ Earth retention systems, where slopes can be planted to blend with the natural terrain, should be used where possible. ■■ All cut-and-fill slopes shall be revegetated to control erosion. Vegetation shall avoid a manufactured look. Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" + 3.35" Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 328 University Hills Specific Plan Page 3- 97 Figure 3-26 Conceptual Grading Plan Packet Page. 329 Page 3- 98 June 2008 Development Criteria This page intentionally left blank. Packet Page. 330 University Hills Specific Plan Page 3- 99 Additional Requirements In the northeastern portion of Planning Area 1, there are building remnants as shown in the Historical Resource Analysis Repo rt, prepared by Urbana Preservation & Planning, LLC and dated June 2023. No development is proposed or anticipated in this portion of the Planning Area. Should any disturbance of the building remnants or areas adjacent be proposed, a qualified historian would be retained to survey the building remnants to determine if they have any historical significance prior to excavation of the site. Due to their condition, they could not be preserved or protected in place even if it is determined they had historical significance. If they are determined to be significant, the developer shall retain a qualified historian to document the resource characteristics for archival purposes prior to demolition. The historian will prepare a report and submit it to the appropriate information center for their records. The developer shall retain a qualified archaeologist with at least 3 years of regional experience in archaeology to monitor all ground-disturbing activities that occur within the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work), grading to the satisfaction of the staff of the County Museum, and City Development Services Department, and the consulting tribes, including Yuhaaviatam of San Manuel Nation Cultural Resources Management Department (YSMN, also known as San Manuel Band of Mission Indians). A sufficient number of archaeological monitors shall be present each work day to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage.  If potentially significant archaeological or historic resources are encountered during subsurface activities, all construction within a 60-foot radius, of the find shall cease until the monitor determines whether the resource requires further study. The developer shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Any previously discovered resources found during construction shall be recorded on appropriate forms and evaluated for significance in terms of CEQA criteria by a qualified Secretary of the Interior (SOI) Archaeologist. Potentially significant cultural resources consist of, but are not limited to, glass, ceramics, stone, bone, wood, rock and shell artifacts or features, including hearths, structural remains, or pre-historic dumpsites. If the resource is determined to be significant under CEQA, a qualified SOI Archaeologists shall prepare and implement a research design and archaeological data recovery plan, if necessary. The archaeologist shall also perform appropriate technical analyses, prepare a full written report and file it with the appropriate information center, and provide for permanent curation of the recovered resources. Prior to the start of excavation, a qualified paleontological monitor will be retained to conduct an onsite monitoring program to ensure protection of previously unknown paleontological specimens. In the event a fossil is discovered during construction of the Proposed Project when the paleontological monitor is not present, excavation within 100 feet of the find shall be temporarily halted until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The developer shall includes a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The paleontologist shall notify the City of the procedure that must be followed before construction is allowed to resume at the location of the find. If the find is determined to be significant and the Paleontologist determines that avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards. The plan shall be submitted to the City for review and approval. Upon approval, the plan shall be incorporated into the project. The Paleontologist shall also perform appropriate technical analyses, prepare a full written report and file it with the appropriate information center, and provide for permanent curation of any recovered resources. If human remains are encountered during earth-disturbing activities for the Proposed Project, all work within 100 feet of the find shall stop immediately, an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed, and the San Packet Page. 331 Page 3- 100 June 2008 Development Criteria Bernardino County Coroner’s office shall be notified. If the Coroner determines the remains are Native American in origin, the NHC will be notified and, in turn, will notify the person determined to be the Most Likely Descendent (MLD). The MLD will provide recommendations for the treatment of the remains (CEQA Guidelines§15064.5; Health and Safety Code § 7050.5; Public Resources Code §§ 5097.94 and5097.98). Due to the heightened cultural sensitivity of the proposed project area, at the discretion of the consulting tribe(s), Tribal monitor(s) authorized to represent YSMN shall be present for all ground-disturbing activities that occur within the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work). At the discretion of the consulting tribes, a sufficient number of Tribal monitors shall be present each work day to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage. A Monitoring and Treatment Plan that is reflective of the project mitigation (“Cultural Resources” and “Tribal Cultural Resources”) shall be completed by the qualified SOI Archaeologist and submitted to the Lead Agency for dissemination to YSMN. Once all parties review and agree to the plan, it shall be adopted by the Lead Agency – the plan must be adopted prior to permitting for the project. Any and all findings will be subject to the protocol detailed within the Monitoring and Treatment Plan. If a pre-contact cultural resource is discovered during project implementation, ground-disturbing activities shall be suspended 60 feet around the resource(s), and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. The SOI Project Archaeologist shall develop a research design that shall include a plan to evaluate the resource for significance under CEQA criteria. Representatives from YSMN, the Archaeologist, and the Lead Agency shall confer regarding the research design, as well as any testing efforts needed to delineate the resource boundary. Following the completion of evaluation efforts, all parties shall confer regarding the resource’s archaeological significance, its potential as a Tribal Cultural Resource (TCR), and avoidance (or other appropriate treatment) of the discovered resource. It is the preference of YSMN that removed cultural material be reburied as close to the original find location as possible. However, should reburial within/near the original find location during project implementation not be feasible, then a reburial location for future reburial shall be decided upon by YSMN, the landowner, and the Lead Agency, and all finds shall be reburied within this location. Additionally, in this case, reburial shall not occur until all ground-disturbing activities associated with the project have been completed, all monitoring has ceased, all cataloguing and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to Lead Agency, CHRIS, and YSMN. All reburials are subject to a reburial agreement that shall be developed between the landowner and YSMN outlining the determined reburial process/location, and shall include measures and provisions to protect the reburial area from any future impacts. Should it occur that avoidance, preservation in place, and on-site reburial are not an option for treatment, the landowner shall relinquish all ownership and rights to this material and confer with YSMN to identify an American Association of Museums (AAM)- accredited facility within the County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines.  A curation agreement with an appropriate qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility.  This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees.  Packet Page. 332 University Hills Specific Plan Page 3- 101 All draft records/reports containing the significance and treatment findings and data recovery results shall be prepared by the archaeologist and submitted to the Lead Agency and YSMN for their review and comment. After approval from all parties, the final reports and site/isolate records are to be submitted to the local CHRIS Information Center, the Lead Agency, and YSMN. Potable Water Plan The City of San Bernardino Municipal Water Department (SBMWD) will provide potable water services to University Hills. Water will be supplied from the existing Sycamore 1 reservoir, which is located east of the development and has a capacity of 2.5 million gallons (MG) of potable water. According to the SBMWD, the Sycamore 1 reservoir has sufficient capacity to meet the demands of University Hills. Based upon the projected buildout of University Hills, total water demands are projected to be: ■■ Average Daily Demand – 401287 gallons per minute (gpm) ■■ Maximum Daily Demand – 681441 gpm ■■ Peak Hour Demand – 1,363883 gpm ■■ Fire Demand – 1,500 gpm for 424 hours The proposed water facilities for University Hills are shown on Figure 3-27.14, Conceptual Water Plan. As shown on Figure 3-27, the The proposed water facilities will be located within threetwo pressure zones: 1720, 1880, and 2040. Although there1880. Water will not be any development inpumped from the existing 1720 Zone, SBMWD requires storage and pumping facilities for this zone to provide an orderly water distribution system for the developmentpipeline within Northpark Blvd. utilizing two pumps, installed by the developer, at the College Booster 1-3 station, to a proposed water tank on the 1880 and 2040 zonesproject site. As noted, water will be pumped from the Sycamore 1 reservoir just east of the project to a reservoir in the 1720 pressure zone. From there it will be pumped to another reservoir in the 1880 pressure zone, and finally it will be pumped up to a reservoir in the 2040 pressure zone. A secondary water system, which will be used in the event that the main supply from Sycamore 1 reservoir is interrupted, is located at the intersection of Northpark Boulevard and Campus Parkway and is accessed via a pipeline in Campus Parkway. The water facilities for University Hills were sized per SBMWD guidelines. The storage facility within each pressure zone was sized for operational storage (25 percent of the maximum day demand) plus emergency storage (100 30 percent of the maximum day demand) plus fire storage (1,500 gpm for 424 hours). The water storage facility required is 1.0.638 MG for 1720 Zone, 1.5 MG forthe 1880 Zone, and 0.5 MG for 2040 Zone. The pumping facilities have been sized to convey for the cumulative maximum day demand for a 24-hour period with the largest pump out of service plus fire flow requirement (1,500 gpm). The pumping capacity required for 1720 Zone is 2,250250500 gpm Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.39" + 1.39" Formatted ... Formatted ... Formatted ... Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted ... Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... 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The pipelines that connect pump stations to the Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 334 Packet Page. 335 Development Criteria Page 3- 100 June 2008 reservoirs will be minimum 128-inch in diameter. All looping lines will be 12- inch in diameter and other distribution pipelines would be 8-inch in diameter. The pipeline connecting the 1880 zone reservoir to the 1880 distribution system will be 12-inch in diameter. The hydraulic model runruns for these facilities confirmed that the sizes of pipelines are adequate to meet the SBMWD design criteria. The details of all water facilities, their sizing, and hydraulic analysis can be found in the EIR appendices. Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 336 University Hills Specific Plan Page 3- 101 Figure 3-27 Conceptual Water Plan Packet Page. 337 Development Criteria Page 3- 102 June 2008 This page intentionally left blank. Packet Page. 338 University Hills Specific Plan Page 3- 103 Drainage Plan Existing Conditions The project site drains into two (2) major basins: Badger Basin and Sycamore Basin. Badger Canyon, a natural drainage course, runs north to south through the site and will be preserved in its natural state. Another unnamed stream runs north to south between the two (2) easterly parcels of the project site, Planning Areas 18 and 20. The total tributary drainage area, off-/on-site, to the project site is approximately 900 acres. This drainage area is bounded by Devil Canyon to the west, San Bernardino National Forest to the north, and Sycamore Canyon to the east. Waterman Canyon is approximately 1.5 miles east of the site. There are a series of debris basins, detention basins, and percolation basins outside of the project boundaries that are maintained by San Bernardino County Flood Control District. Of the 900 acres contributing to the total tributary drainage area, only 18% (167acres percent (167 acres) will be mass graded. The remaining 753 acres will be kept in its natural condition to minimize the increase of drainage runoff volume. The project site consists of two areas: the westone (1) development area, which includes Planning AreasArea 1 through 15, with a total subarea of 125103 acres; and the east . The development area, which includes Planning Areas 16 through 20, with a total subarea of 42 acres. The west area and the east area are separated is surrounded by Badger Canyon, which flows west into a natural earthen channel; the east area drains east to Sycamore Creek and into the Sycamore Basin. The drainage area tributary to Badger Canyon is estimated to be 460 acres, which flows in a natural drainage course. This tributary area drains toward the eastern side of the west development area, crosses the road that links the west and east development areas, and continues in a southerly direction to drain into a debris basin known as North Badger Basin, which acts as the first stage for collecting debris. It then flows in a westerly direction via an existing flood control earthen channel into another debris basin known as West Badger Basin adjacent to Badger Hill. In addition, three (3) other subareas that are tributary to the site enter the project at various locations where the flow will be intercepted in storm drain pipes and conveyed through the project site to its historical discharge point at the existing earthen channel. The remainder of the off-site tributary drainage area enters the site from the north at various smaller concentration points and continues south as sheet flow. Additional detailed analysis of the existing hydrology and proposed drainage facilities can be found in the EIR appendices. Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Left, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Packet Page. 339 Development Criteria Page 3- 104 June 2008 Existing Drainage Facilities No underground storm drain system exists within the project vicinity. The majority of the site, approximately 70 percent, drains as sheet flow into the existing earthen channel that links two (2) debris basins south of the project, then flows in a westerly direction. The remaining 30 percent of the tributary area flows toward the Sycamore Basin, which also drains into an earthen channel that flows south then ultimately drains into a covered concrete-lined channel that crosses Northpark Boulevard in Little Mountain Drive.. The existing debris basins, detention basins, and percolation basins outside of the project boundary are maintained by San Bernardino County Flood Control District (SBCFCD). Proposed Drainage Facilities The proposed drainage improvements are shown on Figure 3-28.20, Conceptual Drainage Plan. The figure shows proposed underground storm drains, tributary areas, and catch basin inlets. Criteria for the conceptual layout and design of drainage improvements were adopted based on the current guidelines of the City of San Bernardino and SBCFCD. All underground storm drains proposed in the study are intended to collect local urban runoff and off-site undeveloped flows. These drains are located in existing and proposed street rights-of-way, including proposed easements. For local and major streets located in the study area, runoff from the 25-year storm is allowed to flow in the streets until it reaches the top of the curb; however, the 100-year storm flow is allowed to flow within the street section until it reaches the street right-of- way limit. Underground storm drains will be constructed when either of those two (2) conditions are exceeded in the hydrological analysis. All conduits are proposed to be reinforced concrete pipes (RCP). The minimum pipe size will be 18 inch RCP, and the minimum depth will be 2 feet. Line A is proposed to collect and convey runoff flow from the centralwestern portion of the project site of the westwestern development area and off-site flow northto an infiltration/detention basin at the southwest corner of the project site. western development area. Line B is proposed to collect off-site flow north of the project, and to collectconvey runoff flows tributary from the north and northwest side of the west development area. Line C is proposed to collect runoff flow from the northeast and southeast eastern portion of the project site. Line D is proposed to collect runoff flow from the northwest and west portion of the eastwestern development area. Line F is proposed to collect runoff flow froman infiltration/detention basin at the northeast portionsouthwest corner of the eastwestern development area. Lines A, B, C, D, and F Separate independent storm drain lines are proposed to collect and convey offsite tributary flows through the project site into their natural outlet into an existing flood control facility.locations on the downstream side of the project. Offsite Line A collects and conveys flow from the northwest of the western development area directly to Badger Channel. Offsite Line B collects and conveys flow from the northeast of the western development area directly to Badger Channel. The proposed storm drain system for University Hills will reduce the risk of flooding within the project through the following: Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Bold, Ligatures: Standard + Contextual Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted ... Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Packet Page. 340 University Hills Specific Plan Page 3- 105 ■■ The proposed storm drain system will be able to convey the on-/off- site flow to downstream discharge points. ■■ Construction of the storm drain system will ensure the conveyance of the 100-year runoff away from the project site, and the conveyance of off-site flow through the site to existing flood control facilities, thereby eliminating flooding hazards. Drainage outlets, bioswales, and other drainage facilities will be designed to control urban runoff pollutants caused by the development of the project. In addition, site designs that reduce urban runoff and pollutant transport by minimizing impervious surfaces and maximizing onsite infiltration have been incorporated into the project. A Water Quality Management Plan (WQMP) that includes best management practices (BMP’s) has been prepared for University Hills in accordance with the Santa Ana Regional Water Quality Control Board. The WQMP can be found in the EIR appendices. Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" Formatted ... Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Packet Page. 341 Development Criteria Page 3- 106 June 2008 This page intentionally left blank. Packet Page. 342 University Hills Specific Plan Page 3- 107 Figure 3-28 Conceptual Drainage Plan Packet Page. 343 Development Criteria Page 3- 108 June 2008 This page intentionally left blank. Packet Page. 344 University Hills Specific Plan Page 3- 109 Sewer Plan The University Hills project lies within the City of San Bernardino sanitary sewer service area. Discussion with staff at the Development Services Department, Public Works Division, indicated that the project will connect to an existing sewer trunk line at the intersection of Northpark Boulevard and Little Mountain Drive.Campus Circle. A general layout of the sewer system is shown on Figure 3-29.21, Conceptual Sewer Plan. A hydraulic analysis was performed by City staff to evaluate the available capacity of the sewer system and to determine the facilities required to service the project. It was determined by the City that the existing sewer trunk line in Little Mountain DriveRoad is adequate to support the project. The University Hills project will pay its fair share of any project related cost impacts to the existing sewer trunk line. Badger Canyon divides University Hills into twoone (1) major drainage areasarea. The west development area drains toward the southwest corner of the project and the east development area drains to the east and southeast and then southerly. A sewage lift station is proposed at. From the southwest corner of the west development area to collect the effluent , the project sewer will gravity flow and pump it easterly through a sewer force main to a gravity sewer line in front of Planning Area 16. This gravity sewer line would connect to theproposed pipeline within Badger Canyon Road to an existing sewer trunk line located at the intersection of Little Mountain Drive and line in Northpark Boulevard. The main line sizes will vary from 8-inch diameter to 12-inch diameter. The sewer facilities will be designed and constructed in accordance with the City of San Bernardino standards and specifications and in accordance with the Standard Specifications for Public Works Construction (latest edition). The sewer mains will be located in public street rights-of-way where possible. If not, they will be constructed within dedicated public utility easements. The sewer system, including the sewage lift station, will be dedicated to and maintained by the City of San Bernardino. Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted ... Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Packet Page. 345 Development Criteria Page 3- 110 June 2008 This page intentionally left blank. Packet Page. 346 University Hills Specific Plan Page 3- 111 Figure 3-29 Conceptual Sewer Plan Packet Page. 347 Development Criteria Page 3- 112 June 2008 This page intentionally left blank. Packet Page. 348 University Hills Specific Plan Page 3- 113 Dry Utilities University Hills will be served with electric, gas, water, sewer, solid waste collection, telephone cable, and Internet (data) from companies serving the City of San Bernardino, as shown in Table 3-7. Will serve letters have been received from .7. The Gas Company, Southern California Edison, Verizon, and Charter Communications. The Dry Utilities Study for University Hills can be found in the EIR appendices. Table 3-.7 : Dry Utility Providers Utility Utility Provider Electricity Southern California Edison Gas The Gas Company Electricity Gas Water Southern California Edison The Gas Company San Bernardino Municipal Water DepartmentDistrict Sewer San Bernardino Municipal Water District Sewer Solid Waste Collection Telephone Cable City of San Bernardino Public Works Department City of San Bernardino Refuse & Recycling Division Verizon Charter Communications Telephone Verizon Cable Charter Communications and Frontier Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Inserted Cells ... Formatted ... Formatted ... Formatted ... Formatted Table ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted Table ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 349 Development Criteria Page 3- 114 June 2008 Landscape Plant Palette The Plant Palette is located in Appendix B and is divided into two (2) tables and contains, containing the landscape selection for the developed areas and fuel modification zones. Plant Palette The plant palette for Developed Areas The following Table shall be used asdeveloped areas has been developed to reinforce the landscape selection in community theme and applies to the developed areas within the Specific Plan, including parkways. Botanical Names Common Names Interior Street Plant Palette Trees Chitalpa tashkentensis Chitalpa Lagerstroemia indica ‘Tuskogee’ Crape Myrtle, Multi Trunk Version Lagerstroemia indica ‘Muskogee’ Crape Myrtle, Multi Trunk Version Lagerstroemia indica ‘Watermelon Red’ Magnolia grandiflora ‘Samuel Sommer’ Crape Myrtle, Multi Trunk Version Samuel Sommer Magnolia Pinus canariensis Canary Island Pine Pinus eldarica Afghan Pine Pinus halepensis Pistacia chinensis Aleppo Pine Chinese Pistache Pyrus calleriana ‘Aristocrat’ Callery Pear Rhus lancea African Sumac Tristania conferta English Boxwood Shrubs Abelia grandiflora ‘Edward Goucher’ Glossy Abelia Anigozanthos flavidus Kanga Roo Paw Asparagus densiflorus ‘Meyers’ Bougainvillea ‘San Diego Red’ Meyers Asparagus Fern Bougainvillea Cistus ‘sunset’ Sunset Rock Rose Cistus purpureus Orchid Rock Rose Coleonema pulchrum Pink Breath of Heaven Dietes bicolor Escallonia fradesii ‘Pink’ Fortnight Lily Escallonia Feijoa sellowiana Pineapple Guava Grevillea ‘Noellii’ Grevillea Hemerocallis ‘Rum Red’ Daylily Hemerocallis ‘Red Magic’ Hemerocallis ‘Starburst Orange Evergreen’ Daylily Daylily Hemerocallis ‘Blacked-Eyed Susan’ Daylily Add Table title: Table 3-8 Plant Palette for Developed Areas Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Ligatures: Standard + Contextual Formatted: Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Bold, Font color: Custom Color(RGB(100,175,189)), Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 350 University Hills Specific Plan Page 3- 115 Hemerocallis ‘Starburst Susie Evergreen’ Daylily Packet Page. 351 Development Criteria Page 3- 116 June 2008 Botanical Names Common Names Isolepis cernua Juniprus sp. Fiber Optic Grass Juniper Lavandula stoechas ‘Otto Quast’ Spanish Lanvender Mahonia ‘Golden Abundance’ Mulhenbergia capllaris Mahonia Pink Muhly Mulhenbergia rigens Deer Grass Nandina domestica Heavnely Bamboo Osmanthus fragrans Sweet Olive Phormium tenax ‘Atropurpureum’ Phormium tenax ‘Pink Stripe’ New Zealand Flax New Zealand Flax Phormium tenax ‘Maori Queen’ New Zealand Flax Photinia fraseri Red Tip Photinia Pennsietum setaceum ‘Little Bunny’ Dwarf Red Fescue Pittosporum tobira Rhaphiolepis indica ‘Dancer’ Tobira Indian Hawthorn Rosa ‘Iceburg’ Iceburg Rose Rosmarinus officinalis Rosemary Xylosma congestum Shiny Xylosma Groundcovers Bougainvillea ‘Oh la la’ Bougainvillea Convolvulus tomentosum Ground Morning Glory Festuca glauca Heuchera sanguinea Blue Fescue Coral Bells St. John’s Wart Lantana Hypericum calycinum Lantana sp. Lonicera japonica ‘Halliana’ Nandina domestica ‘Nana’ Hall’s Honeysuckle Dwarf Heavenly Bamboo Ophiopogon japonicus Mondo grass Phormium tenax ‘jack Spratt’ New Zealand Flax Phormium tenax ‘Tom Thumb’ New Zealand Flax Pittosporum tobira ‘Cream de Mint’ Rosa ‘Carpet White’ Dwarf Tobira White Carpet Rose Rosmarinus officinalis Rosemary Trachelospermum jasminodes Star Jasmine Vines Ficus pumilla Creeping Fig Gelsemium sempervirens Carolina Jessamine Parthenocissus tricuspidata Boston Ivy Clubhouse and Other Recreation Areas Plant Palette Trees Alnus rhombifolia White Alder Geijera parviflora Australian Willow Hymenosporum flavum Sweet Shade Tree Koelreuteria bipinnata Chinese Flame Tree Koelreuteria paniculata Golden Rain Tree Packet Page. 352 University Hills Specific Plan Page 3- 117 Botanical Names Common Names Lagerstroemia indica ‘Tuskogee’ Lagerstroemia indica ‘Muskogee’ Crape Myrtle, Multi Trunk Version Crape Myrtle, Multi Trunk Version Lagerstroemia indica ‘Watermelon Red’ Crape Myrtle, Multi Trunk Magnolia grandiflora Magnolia grandiflora ‘Samuel Sommer’ Southern Magnolia Samuel Sommer Magnolia Magnolia soulangeana Saucer Magnolia Pinus canariensis Canary Island Pine Pinus eldarica Afghan Pine Pistacia chinensis Platanus racemosa Chinese Pistache California Sycamore Podocarpus gracilor Fern Pine Pyrus calleriana ‘Aristocrat’ Callery Pear Pyrus Kawakamii Evergreen Pear Rhus lancea Tristania conferta African Sumac English Boxwood Ulmus parvifolia Chinese Evergreen Elm Shrubs Abelia grandiflora ‘Edward Goucher’ Glossy Abelia Aloe maculata Soap Aloe Anigozanthos flavidus Kangaroo Paw Asparagus densiflorus ‘Meyers’ Meyers Asparagus Fern Bougainvillea ‘San Diego Red’ Cistus ‘sunset’ Bougainvillea Sunset Rock Rose Cistus purpureus Orchid Rock Rose Coleonema pulchrum Pink Breath of Heaven Dietes bicolor Escallonia fradesii ‘Pink’ Fortnight Lily Escallonia Feijoa sellowiana Pineapple Guava Grevillea ‘Noellii’ Grevillea Hemerocallis ‘Rum Red’ Daylily Hemerocallis ‘Red Magic’ Hemerocallis ‘Starburst Orange Evergreen’ Daylily Daylily Hemerocallis ‘Blacked-Eyed Susan’ Daylily Hemerocallis ‘Starburst Susie Evergreen’ Daylily Isolepis cernua Fiber Optic Grass Juniprus sp. Lavandula stoechas ‘Otto Quast’ Juniper Spanish Lanvender Mahonia ‘Golden Abundance’ Mahonia Mulhenbergia capllaris Pink Muhly Mulhenbergia rigens Nandina domestica Deer Grass Heavnely Bamboo Osmanthus fragrans Sweet Olive Phormium tenax ‘Atropurpureum’ New Zealand Flax Phormium tenax ‘Pink Stripe’ New Zealand Flax Phormium tenax ‘Maori Queen’ Photinia fraseri New Zealand Flax Red Tip Photinia Pennsietum setaceum ‘Little Bunny’ Dwarf Red Fescue Packet Page. 353 Development Criteria Page 3- 118 June 2008 Botanical Names Common Names Pittosporum tobira Rhaphiolepis indica ‘Dancer’ Tobira Indian Hawthorn Rosa ‘Iceburg’ Iceburg Rose Rosmarinus officinalis Salvia greggii Rosemary Autumn Sage Salvia leucophylla Purple Sage Xylosma congestum Shiny Xylosma Groundcovers Bougainvillea ‘Oh la la’ Bougainvillea Convolvulus tomentosum Ground Morning Glory Festuca glauca Blue Fescue Heuchera sanguinea Hypericum calycinum Coral Bells St. John’s Wort Lantana sp. Lantana Lonicera japonica ‘Halliana’ Hall’s Honeysuckle Nandina domestica ‘Nana’ Dwarf Heavenly Bamboo Ophiopogon japonicus Phormium tenax ‘Jack Spratt’ Mondo grass New Zealand Flax Phormium tenax ‘Tom Thumb’ New Zealand Flax Pittosporum tobira ‘Cream de Mint’ Dwarf Tobira Rosa ‘Carpet White’ White Carpet Rose Rosmarinus officinalis Trachelospermum jasminodes Rosemary Star Jasmine Vines Ficus pumilla Gelsemium sempervirens Creeping Fig Carolina Jessamine Parthenocissus tricuspidata Boston Ivy Park Plant Palette Trees Alnus rhombifolia White Alder Juglans californica Koelreuteria bipinnata California Black Walnut Chinese Flame Tree Koelreuteria paniculata Golden Rain Tree Lagerstroemia indica ‘Tuskogee’ Crape Myrtle, Multi Trunk Version Lagerstroemia indica ‘Muskogee’ Crape Myrtle, Multi Trunk Version Lagerstroemia indica ‘Watermelon Red’ Magnolia grandiflora Crape Myrtle, Multi Trunk Southern Magnolia Magnolia grandiflora ‘Samuel Sommer’ Samuel Sommer Magnolia Melaleuca quinquenervia Paperbark Tree Pinus canariensis Pinus eldarica Canary Island Pine Afghan Pine Pinus halepensis Aleppo Pine Pistacia chinensis Chinese Pistache Platanus racemosa California Sycamore Podocarpus gracilor Fern Pine Packet Page. 354 University Hills Specific Plan Page 3- 119 Botanical Names Common Names Pyrus calleriana ‘Aristocrat’ Pyrus Kawakamii Callery Pear Evergreen Pear Quercus ilex Holly Oak Quercus suber Rhus lancea Cork Oak African Sumac Schinus molle California Pepper Sequoia sempervirens Coast Redwood Tristania conferta Ulmus parvifolia English Boxwood Chinese Evergreen Elm Shrubs Abelia grandiflora ‘Edward Goucher’ Aloe maculata Glossy Abelia Soap Aloe Anigozanthos flavidus Kanga Roo Paw Asparagus densiflorus ‘Meyers’ Meyers Asparagus Fern Bougainvillea ‘San Diego Red’ Bougainvillea Cistus ‘sunset’ Cistus purpureus Sunset Rock Rose Orchid Rock Rose Coleonema pulchrum Pink Breath of Heaven Dietes bicolor Fortnight Lily Dodonaea viscosa Purple Hop Seed Bush Escallonia fradesii ‘Pink’ Feijoa sellowiana Escallonia Pineapple Guava Grevillea ‘Noellii’ Grevillea Hemerocallis ‘Rum Red’ Daylily Hemerocallis ‘Red Magic’ Hemerocallis ‘Starburst Orange Evergreen’ Daylily Daylily Hemerocallis ‘Blacked-Eyed Susan’ Daylily Hemerocallis ‘Starburst Susie Evergreen’ Daylily Isolepis cernua Fiber Optic Grass Juniprus sp. Lavandula stoechas ‘Otto Quast’ Juniper Spanish Lanvender Mahonia ‘Golden Abundance’ Mahonia Mulhenbergia capllaris Pink Muhly Mulhenbergia rigens Deer Grass Nandina domestica Osmanthus fragrans Heavnely Bamboo Sweet Olive Phormium tenax ‘Atropurpureum’ New Zealand Flax Phormium tenax ‘Pink Stripe’ New Zealand Flax Phormium tenax ‘Maori Queen’ Photinia fraseri New Zealand Flax Red Tip Photinia Pennsietum setaceum ‘Little Bunny’ Dwarf Red Fescue Pittosporum tobira Tobira Prunus caroliniana ‘Bright n Tight’ Flowering Plum Rhaphiolepis indica ‘Ballerina’ Rhaphiolepis indica ‘Dancer’ Indian Hawthorn Indian Hawthorn Rosa ‘Iceberg’ Iceberg Rose Rosmarinus officinalis Rosemary Packet Page. 355 Development Criteria Page 3- 120 June 2008 Botanical Names Common Names Salvia greggii Salvia leucophylla Autumn Sage Purple Sage Xylosma congestum Shiny Xylosma Groundcovers Bougainvillea ‘Oh la la’ Bougainvillea Convolvulus tomentosum Ground Morning Glory Festuca glauca Heuchera sanguinea Blue Fescue Coral Bells Hypericum calycinum St. John’s Wart Lantana sp. Lantana Lonicera japonica ‘Halliana’ Hall’s Honeysuckle Nandina domestica ‘Nana’ Ophiopogon japonicus Dwarf Heavenly Bamboo Mondo grass Phormium tenax ‘Jack Spratt’ New Zealand Flax Phormium tenax ‘Tom Thumb’ New Zealand Flax Pittosporum tobira ‘Cream de Mint’ Dwarf Tobira Rosa ‘Carpet White’ Rosmarinus officinalis White Carpet Rose Rosemary Trachelospermum jasminodes Star Jasmine Vines Ficus pumilla Creeping Fig Gelsemium sempervirens Carolina Jessamine Parthenocissus tricuspidata Boston Ivy Packet Page. 356 Packet Page. 357 Development Criteria Page 3- 120 June 2008 Plant Palette for Fuel Modification Zones The palette in Table 3-9Appendix B shall be the landscape selection in the Fuel Modification Zones. Plants included in the plant palette for University Hills are designed to (1) limit the spread of fire, and (2) limit the spread of invasive species in the open space areas by complying with the California Invasive Plant Council’s California Invasive Plant Inventory. ADD TABLE TITLE: TABLE 3-9, PLANT PALETTE FOR FUEL MODIFICATION ZONES Botanical Names Common Names Fuel Modification Zones Plant Palette Trees Alnus rhombifolia White Alder Heteromles arbutifolia Toyon Juglans californica Lagerstroemia indica ‘Tuskogee’ California Black Walnut Crape Myrtle, Multi Trunk Version Lagerstroemia indica ‘Watermelon Red’ Crape Myrtle, Multi Trunk Version Lagerstroemia indica ‘Samuel Sommer’ Crape Myrtle, Multi Trunk Version Pistacia chinensis Chinese Pistache Platanus racemosa Quercus ilex California Sycamore Holly Oak Quercus kelloggii California Oak Quercus suber Cork Oak Rhus lancea African Sumac Ulmus parvifolia Chinese Evergreen Elm Shrubs Abelia grandiflora ‘Edward Goucher’ Glossy Abelia Anigozanthos flavidus Kanga Roo Paw Bougainvillea ‘San Diego Red’ Bougainvillea Carpenteria californica Ceanothus ‘Dark Star’ Bush Anemone Wild Lilac Ceanothus ‘Julia Phelps’ Wild Lilac Cistus ‘sunset’ Sunset Rock Rose Cistus purpureus Cotoneaster horizontalis Orchid Rock Rose Rock Cotoneaster Escallonia fradesii ‘Pink’ Escallonia Euonymus fortunei Euonymus Feijoa sellowiana Pineapple Guava Grevillea ‘Noellii’ Lavandula stoechas ‘Otto Quast’ Grevillea Spanish Lavender Mahonia ‘Golden Abundance’ Mahonia Osmanthus fragrans Sweet Olive Photinia fraseri Red Tip Photinia Pennsietum setaceum ‘Little Bunny’ Pittosporum tobira Dwarf Red Fescue Tobira Formatted: Font: Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 358 University Hills Specific Plan Page 3- 121 Botanical Names Common Names Prunus caroliniana ‘Bright ‘n Tight’ Rhaphiolepis indica ‘Dancer’ Flowering Plum Indian Hawthorn Rhus ovata Sugar Bush Rosmarinus officinalis Salvia greggii Rosemary Autumn Sage Trichostema lanatum Wholly Blue Curls Viburnum japonicum Japanese Viburnum Xylosma congestum Shiny Xylosma Groundcovers Bougainvilla ‘Oh la la’ Hypericum calycinum Lantana sp. Lonicera japonica ‘Halliana’ Myoporum parvifolium ‘Pink’ Bougainvilla St. John’s Wort Lantana Hall’s Honeysuckle Pink Myoporum Ophiopogon japonicus Rosmarinus officinalis Mondo grass Rosemary Trachelospermum jasminodes Star Jasmine Vines Ficus pumilla Gelsemium sempervirens Creeping Fig Carolina Jessamine Parthenocissus tricuspidata Boston Ivy Plant Removal List The following plant species shall be removed from all fuel modification zones: Adenostoma fasciculatum Wild Turnip, Yellow Mustard Adenostoma sparsifolium Anthemix cotula Red Shanks Mayweed Artemisia californica California Sagebrush Brassica nigra Black Mustard Brassica rapa Chamise Cardaria draba Centaurea solstitials Noary Cress, Perrennial Peppergrass Yellow Star Thistle Cirsium vulgare Wild Artichoke Conyza canadensis Horseweed Cortaderia selloana Pampas Grass Cupressus sp. Cynara cardunculus Cypress Artichoke Thistle Datura wright II Jimsonweed Eriognum fasciculatum Common Buckwheat Eucalyptus sp. Eucalyptus Foeniculum vulgare Heterothaca grandiflora Fennel Telegraph Plant Juniperus sp. Juniper Lactuca serriola Prickly Lettuce Malosma laurina Nicotiana bigelevil Laurel Sumac Indian Tobacco Packet Page. 359 Development Criteria Page 3- 122 June 2008 Botanical Names Common Names Nicotiana glauca Pinus sp. Tree Tobacco Pine Salvia mellifera Black Sage Salsola australis Silybum marianum Russian Thistle/Tumblewood Milk Thistle Ricinus communis Castor Bean Plant Urtica urens Burning Needle Packet Page. 360 University Hills Specific Plan Page 3- 123 This page intentionally left blank. Formatted: Left: 0.5", Right: 0.5", Top: 0.5", Bottom: 0.5", Header distance from edge: 0.5", Footer distance from edge: 0.5" Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 361 University Hills Specific Plan Page 5- 1 Formatted: Header SUSTAINABILITY GUIDELINES Chapter 5: Sustainability Guidelines University Hills is committed to creating a sustainable, resource-efficient community. To that end, this Specific Plan addresses sustainable and green building practices for the individual building as well as overall community design. These Sustainability Guidelines are organized into six major topic areas: ■■ Site Design and Community Planning ■■ Green Infrastructure ■■ Landscaping ■■ Building-Level Sustainability ■■ Resource Conservation ■■ Construction Practices: Erosion and Dust Control ■■ Commitment to Sustainable Building Practices A Sustainability Resource Guide offering a consolidated list of providers and entities that offer sustainability programs immediately relevant to the University Hills Specific Plan can be found at the end of this chapter. Intent and Application These guidelines are intended to contribute to the development of a sustainable and resource-efficient community, exceeding what would be achieved from standard compliance with the current Uniform, International, and National Building Codes, and City and County ordinances. Development within University Hills will occur from a perspective that sees current local, state, and national requirements as a starting point rather than an ultimate goal. These guidelines apply to all development within University Hills and establish a framework that will be used to evaluate how proposed developments meet the objectives for sustainable development. It is incumbent upon project applicants to demonstrate how they will comply with these guidelines through the development review process. Style Definition: Revision Style Definition: Table Paragraph Style Definition ... Style Definition: Comment Reference Style Definition ... Style Definition ... Style Definition: Body Text: Font: (Default) Arial, 10 pt, Space Before: 6 pt, After: 6 pt Style Definition: Heading 3: Font: (Default) Tw Cen MT, (Intl) Times New Roman, Indent: Left: 0", Hanging: 0.6", Space Before: 12 pt, After: 6 pt, Widow/Orphan control, Keep with next, Tab stops: 0.75", Left Style Definition: Heading 2: Font: (Default) Tw Cen MT, 12 pt, Bold, Font color: Custom Color(RGB(100,175,189)), (Intl) Times New Roman, Do not check spelling or grammar, Indent: Left: 0", Hanging: 0.5", Space Before: 12 pt, After: 6 pt, Widow/Orphan control, Keep with next, Tab stops: 0.75", Left Style Definition: Heading 1: Font: (Default) Tw Cen MT, 14 pt, Bold, Font color: Custom Color(RGB(14,52,86)), Do not check spelling or grammar, Indent: Left: 0", Hanging: 0.5", Space Before: 12 pt, After: 12 pt, Widow/Orphan control, Keep with next Style Definition: Normal: Font: (Default) Arial, 10 pt, Space After: 6 pt, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 362 Sustainability Sustainability is “meeting the needs of the present without compromising the ability of future generations to meet their own needs,” as generally defined by the 1987 Bruntland Report of the United Nations World Commission on Environment and Development. Incorporating sustainable design from the earliest stages has benefits for both the builder and future occupants. Many sustainable design principles have minimal cost impacts if incorporated early in the design phase, and initial costs can frequently be offset by reduced construction time and long- term operations and maintenance savings. In addition, sustainable neighborhood design and green homes are a desirable amenity for many potential home buyers who are often willing to pay a premium to Packet Page. 363 University Hills Specific Plan Page 5- 1 storm water runoff. Plan natural pedestrian or multiuse trails throughout the community. This bioswale trail demonstrates how green infrastructure and natural drainage provides opportunities for pedestrian and recreational amenities along with minimizing Clustering homes utilizes land efficiently and reduces site disturbance, freeing space for recreational uses and common open space that enhance the community. As other programs and standards evolve, the University Hills Sustainability Guidelines may evolve as well to ensure that the goal of sustainability is met. In some cases, topics and issues are described in general terms to allow for the incorporation of new technologies as they are developed. These Sustainability Guidelines are based upon overarching and measurable performance standards. There are a number of ways to meet the performance standards and these guidelines include both required measures and flexible Best Management Practices (BMPs). Overarching Performance Standards Development in University Hills shall comply with the following Performance Standards: ■■ All buildings shall exceed Title 24 standards (2005) for energy efficiency by 15% ■■ Development in University Hills shall reduce potable water consumption for irrigation by 25%, as calculated from a mid-summer baseline case. ■■ Development in University Hills shall use 15% less potable water then the baseline calculated for a typical building (not including irrigation). Site Design and Community Planning There are many sustainable development practices relating to site design and community planning that can be implemented from the early stages of a project. Some of the most cost-efficient and cost-saving sustainable development practices are implemented at a large scale, and thus afford benefits throughout the whole community. Measures as simple as orienting sites and lots to take full advantage of the sun for daylighting can be Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Commented [LG1]: TBD if these need to be updated Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 364 Sustainability Guidelines Page 5-2 June2008 Packet Page. 365 University Hills Specific Plan Page 5- 3 achieved with little or no cost impact. Development in University Hills will generate innovative and context-sensitive design solutions that lay a framework of sustainability for the entire life of the project and enhance residents’ quality of life. ■■ Required–As shown in Figure 2-9.1, limit the reach of construction activities and minimize development footprints. ■■ Suggested BMP–As feasible, orient buildings so that the long axis of the building is oriented east–west to maximize the opportunity for north- and south-facing windows. Sunlight entering through north- facing windows provides indirect, diffused light with low heat gain for the building, reducing cooling costs during summer months. Also, minimizing the area of roof and wall facing west reduces the amount of solar radiation absorbed during the summer season. In addition, south-facing windows are a key design feature for winter months as they receive about 90 percent of optimal winter solar heat gain, reducing energy needed for heating and cooling. ■■ Required–Plan streets and lot layouts on an east–west axis, as represented in “Figure 2-9, University Hills.1: Land Use Plan,”, so that shading of streets and homes by trees is maximized. Shading reduces the heating of pavement and buildings by the sun, thereby reducing the trapping of heat by paved areas and the energy needed for cooling interiors. An east–west street layout also maximizes the opportunity for optimal building orientation for passive solar techniques, with the long axis of the building oriented east–west. ■■ Suggested BMP–Increase tree canopy and place trees strategically to reduce energy demand for adjacent buildings, enhance roadway safety, and provide for a more aesthetically pleasing environment. ■■ Suggested BMP–Allow narrow streets to reduce paved area and make them easier to shade by trees. ■■ Required–Incorporate walking and bicycling paths, as represented on “Figure 3-11,.3: Trails, Parks, and Open Space Plan,”, and “Figure 3.1: Vehicular Circulation Plan”, to provide transportation alternatives and contribute to a healthy lifestyle. Ensure connections and access for pedestrian and bicycle paths to nonresidential uses and recreational facilities. ■■ Required – Include stormwater management systems to retain and/or treat on-site stormwater runoff. Bioswales are an effective green infrastructure technique that serves a dual purpose; they not only provide a cost-effective alternative to traditional stormwater drainage systems, Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 366 Sustainability Guidelines Permeable paving materials allow water and air to filter through to the ground underneath, reducing stormwater runoff and Packet Page. 367 University Hills Specific Plan Page 5- 3 Green Infrastructure Embracing an approach to green infrastructure is intended to counterbalance the effects of more traditional land development patterns and associated infrastructure that often fragments and degrades natural open spaces and ecosystems with minimal consideration to long-term sustainability. Green infrastructure integrates natural systems, and capitalizes on opportunities for creating multipurpose systems, thereby using land and resources more efficiently. Implementing green infrastructure and related methods for watershed management improves water quality, conserves water, and reduces runoff volumes as well as peak flows and durations. In addition to these direct benefits to the watershed, implementing such methods also benefits the quality and availability of biological habitat, provides energy conservation by reducing the heat trapping and impervious areas of typical land development, and can be aesthetically pleasing. ■■ Required–Collect rainwater on site through the use of stormwater management practices such as the incorporation of infiltration basins and bioswales. ■■ Required–As shown on “Figure 2-9, University Hills.1: Land Use Plan,” maintain natural drainage corridors to provide open space buffers for wildlife, vegetative cover for wildlife movement, and infrastructure systems for drainage and ground water recharge. ■■ Suggested BMP–Grade property to divert stormwater flow to permeable areas, following natural drainage contours to the greatest extent possible. ■■ Suggested BMP–Where applicable, create curb cuts to allow stormwater flows to drain to permeable or landscaped areas. ■■ Suggested BMP–Where possible, use pervious or open grid paving for driveways, walkways, plazas, and parking areas. ■■ Suggested BMP–Use pervious paving materials wherever possible to reduce the negative effects of stormwater runoff and to facilitate groundwater recharge. ■■ Suggested BMP–Utilize bioswales, particularly with native or drought-tolerant grasses, to collect and filter water runoff. Parking lots constructed of permeable paving materials and permeable paving products that allow for turf or other plant materials to grow are examPpalegseo5f-4methods for reducing stormwater runoff and the need for standard drainage June2008 Formatted ... Formatted ... Commented [LG2]: Should be reviewed by drainage ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 368 Sustainability Guidelines Page 5- 5 Landscaping Sustainable landscaping practices and techniques help promote water conservation and reduce water demand as well as help to control water and irrigation costs. Efficient irrigation techniques help reduce water demand while sustainable landscape design can lead to the reduction of the heat- island effect (the absorption of solar heat in paved surfaces), improved environmental habitat, and reduced overall maintenance and replacement cost. ■■ Required–Install high efficiency, xeriscape irrigation systems to reduce the amount of water devoted to landscaped areas, such as drip and bubbler irrigation and low-angle, low-flow nozzles on sprayheads. ■■ Required–Install and correctly program automated irrigation systems to reduce water use. ■■ Required–Install properly programmed EvapoTranspiration (ET) based controllers on homeowner’s properties, which are weather based controllers with greater efficiency. In addition, supply homeowners with information on how to properly program their controller using the Metropolitan Water District’s guidelines as a reference tool. ■■ Required–Install moisture sensors and other similar irrigation technology to ensure that landscaping is watered only as needed. ■■ Required–Employ the use of water budgets for landscape irrigation to monitor and regulate outdoor water usage. ■■ Required–Plant selection should be based on species that are drought tolerant, heat resistant, and hardy. Native plant material should also be closely examined and considered for most landscape areas., except Fuel Modification Zones. Sources of reference for such plant materials can be obtained from the Metropolitan Water District and the California Department of Water Resources. Plant selection should strive to use up to 75 percent water-wise/drought-tolerant, native, or Mediterranean plant materials. ■■ Required–Prohibit the use of large turf areas in landscaping by substituting water-conserving native groundcovers or perennial grasses, shrubs, and trees. ■■ Required–Landscaped areas installed by individual builders shall not exceed 20 percent turf. University Hills Specific Plan An example of the type of landscaping that would be Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... 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A plant reference is available from the California Department of Water Resources. ■■ Suggested BMP–Increase tree cover in developed areas to reduce solar heat gain into buildings and to reduce the amount of heat absorbed by paved areas. In general, plant drought-tolerant or native tree species around and near buildings, walls, windows, and paved areas. Plant deciduous trees on the south side of buildings to allow for increased solar heat gain in winter months (reducing energy needed for heating interiors) and shading in summer months (reducing energy needed for cooling interiors). ■■ Required–Minimize disruption of and preserve existing trees and plants on site throughout the planning, design, development, and construction processes. ■■ Suggested BMP–Mulch planting beds and apply compost and environmentally friendly fertilizers to promote healthy topsoil, maximize plant growth, and reduce plant replacement. This will also reduce the need for longer or more frequent irrigation run times. Building-Level Sustainability There are many sustainable building practices and techniques that offer safe and healthy living environments. Materials and actions that improve indoor Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted ... Packet Page. 370 Page 5- 6 Sustainability Guidelines June200 8 many t can be air quality and the comfort of homes as well as reduce the impacts of light pollution are critical to community health and well-being. All new development within the Specific Plan area is required to meet the California Building Energy Efficiency Standards and CALGreen Building Standards (California Code of Regulations Title 24, Parts 6 and 11) to reduce environmental impacts, decrease energy costs, and create healthier living. The CALGreen Code sets forth mandatory and voluntary measures that address planning and site design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental quality during and after construction. The Building Energy Efficiency Standards (“Title 24”) outlines energy/water efficiency and air quality requirements. Title 24 does not require every efficiency item to be implemented. A certain threshold needs to be met and the developer has the option to choose, via either the prescriptive or performance methods, which items to implement that meet the specified threshold. Building Materials ■■ Suggested BMP–Use 20 percent locally manufactured and produced building materials, defined as materials manufactured or produced within a 500-mile radius of the project. ■■ Suggested BMP–Strive to utilize a minimum of 50 percent sustainable and recycled wood for wood building components and flooring materials, such as engineered or FSC-certified wood (Forest Stewardship Council). ■■ Suggested BMP–Strive to utilize rapidly renewable or recycled building materials and products for at least 5 percent of the total value of materials. Flooring alternatives like bamboo, wheatboard, and cork are rapidly renewable materials. Linoleum, exposed concrete, and recycled-content ceramic tiles are also desirable materials. ■■ Suggested BMP–Encourage the installation of insulation with at least 75 percent recycled content, such as cellulose, newspaper, or recycled cotton. 75 percent recycled content, such as cellulose, newspaper, or recycled cotton. Indoor/Outdoor Air Quality ■■ Required–Use only flooring and insulation products that are low emitters of volatile organic compounds (VOC) and formaldehyde. ■■ Required–Use only low- and zero-VOC paints, finishes, adhesives, caulks, and other substances to improve indoor air quality and reduce the harmful health effects of off-gassing. ■■ Suggested BMP–All homes should use only electric or gas fireplaces to minimize smoke from wood burning fireplaces and pollutants (e.g. CO, NO, and VOC’s). Lighting ■■ Required–Reduce light pollution by avoiding outdoor lighting where it is not needed and providing adequate as opposed to excessive lighting. 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Packet Page. 371 University Hills Specific Plan Page 5- 7 ■■ R e q u i r e d – U t i l i z e s h i e l d e d f i x t u r e s , a v o i d i n g o v e rhead lighting of areas such as walkways. Reduce light pollution (top) by installing lighting fixtures that direct light downward or only where it is needed (bottom). 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Follow guidelines suggested by the International Dark Sky Association (www.darksky.org). Factors to be considered in sensitive lighting design include those listed above as well as the mounting height of the lighting luminaire above the ground, the horizontal spacing of one pole to the next, and the cutoff angle of the luminaire. Include nighttime lighting restrictions in the CC&Rs. Energy-Efficient Appliances and Fixtures ■■ Required–Install water and energy saving fixtures and appliances, such as showerheads, toilets, washing machines, clothes dryers, refrigerators, and dishwashers certified as EnergyStar compliant. ■■ Required–Use only high efficiency toilets and waterless urinals to reduce water usage. ■■ Suggested BMP–Install built-in recycling centers in homes next to trash bins to offer convenient and clean methods for separating recyclables from trash. ■■ Required–Install re-circulating hot water systems to reduce the need to heat water, or tankless water heaters that heat water as needed instead of storing hot water in tanks, thus reducing standby energy use. ■■ Required–Utilize a minimum insulation value of R30 in cielingsceilings. ■■ Required–Install programmable thermostats in all homes. ■■ Required–Assure solar access for energy collection along locations such as roofs, walls, and patio/window overhangs. 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Packet Page. 373 University Hills Specific Plan Page 5- 9 Building DesignEnvelope ■■ Suggested BMP–As practical, design windows that are taller and start closer to the ceiling to optimize daylighting of interiors. ■■ Suggested BMP–As practical, utilize external shading strategies, such as protection of glazed fenestration, eyebrows, and appropriately sized eave overhangs. ■■ Suggested BMP–Install architectural features that increase daylighting, such as light shelves that bounce light farther into interior spaces, to reduce the need for additional electrical light. ■■ Required–Install radiant barriers to reduce summer heat gain and winter heat loss. Radiant barriers consist of a highly reflective material, such as aluminum, that prevents radiant heat from being absorbed by the interior of the home. ■■ Required–Use natural ventilation techniques, such as operable windows, to take advantage of airflow for cooling interiors, reducing the amount of energy needed for cooling. ■■ Suggested BMP–Consider the use of “cool roofs,” which are painted with a highly reflective coating or employ light-colored materials. Resource Conservation Actions that increase water and energy efficiency and conserve resources offer tremendous cost savings to both builders and future residents. Through techniques such as building design that maximizes shading and insulation, high performance HVAC systems, and use of natural daylighting, a substantial reduction in energy use can be achieved. The use of high performance appliances and irrigation systems that minimize water and energy use can substantially impact the amount of resources that flow into and out of the community. Water ■■ Required–Install only low water consumption, EnergyStar-compliant appliances and fixtures. Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted ... Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Not Highlight, Ligatures: Standard + Contextual Formatted ... Formatted ... 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Packet Page. 374 Sustainability Guidelines Page 5- 10 June200 8 ■■ Suggested BMP–Install dual flush or other toilets using less than 1.6 GPF. ■■ Suggested BMP–Install faucets and showerheads using 2.5 GPM or less. ■■ Required–Use water-saving landscaping techniques, such as drip irrigation systems and drought tolerant plant species. (For a more detailed list of water-saving techniques and practices see the Landscaping section of this chapter.) Energy ■■ Required–Use methods of energy conservation. For residential units, consider incorporating techniques outlined in Southern California Gas Company’s Builder Resource Guide and other applicable resources. Also, consider appropriate solar building orientation to augment efforts toward energy conservation. ■■ Required–Install only energy-efficient windows, such as models with spectrally selective low-e glass and with wood, vinyl, or fiberglass frames. frames. Energy e ■■ SuggestedRequired BMP– Install solar panelsphotovoltaic systems on all homes. product fluoresc percent 10 times incande ■■ Suggested BMP–Distribute hot water efficiently through homes, minimizing the distance between hot water heaters and fixtures. ■■ Required–Install only energy-efficient lighting products, such as compact fluorescent bulbs. ■■ Required–Incorporate building materials that take advantage of heat storage or thermal mass to reduce energy needed for heating and cooling interiors. Materials such as concrete, masonry, and wallboard store heat absorbed during the day and slowly release it throughout the evening, thereby moderating indoor temperatures over a 24-hour period. ■■ Suggested BMP–Encourage participation in energy efficiency rebate programs offered by utility providers and government agencies. 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Construction Practices: Erosion and Dust Control, Materials Reuse and Landfill Diversion There are many ways to reduce the impact of construction practices on the site, surrounding areas, and the environment in general. Integrating salvaged or refurbished materials from the site back into the project is an effective and cost-efficient way to minimize resources needed for transporting materials during the construction process. Using salvaged or refurbished materials also contributes to landfill diversion, thus reducing the amount of material created during the construction process that is transported to landfills. ■■ Suggested BMP–Strive to exceed the landfill diversion requirements of AB 939, which requires at least 50 percent diversion of materials generated during construction. In addition, soil erosion and fugitive dust can negatively impact the project site and surrounding areas during construction phases. Soil, cement wash, asphalt, oil, and other hazardous debris from construction sites often make their way into the San Bernardino County storm drain system and flow untreated into local waterways. Although erosion and dust resulting from construction practices are already regulated by San Bernardino County’s National Pollutant Discharge Elimination System (NPDES) permit program and the South Coast Air Quality Management District’s (SCAQMD) Rule 403 regarding fugitive dust, it is encouraged that all construction practices in University Hills strive to retain the integrity of the land beyond what is required by local, state, and federal regulations. Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted ... Formatted ... 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Packet Page. 376 Sustainability Guidelines Page 5- 12 June200 8 Many measures can be followed to reduce soil erosion and the release of par- ticulatesparticulates into the air. See the SCAQMD’s Rule 403 for required dust control measures. Also, refer to the information provided through the San Bernardino County Stormwater Pollution Prevention program, as well as other local agencies, for best management practices to reduce construction impacts on soil, air, and water quality. Beyond these required practices, individual builders in University Hills are required to develop an Erosion Control Plan tailored to the specific site context, and exceeding the referenced standards. An Erosion Control Plan that addresses erosion control and stormwater management, and their interrelationship is optimal. Several strategies to be addressed in an Erosion Control Plan that exceeds minimum standards include: ■■ Statement of erosion control and stormwater control objectives. ■■ Comparison of post development stormwater runoff conditions with predevelopment conditions. ■■ Description of all temporary and permanent erosion control and stormwater control measures implemented on the project site. ■■ Description of the type and frequency of maintenance activities required for the chosen erosion control methods. Trip Reduction In addition to the energy efficiency that can be realized through building design, fixtures, and appliances, University Hills includes several features Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 3.35" + 3.35" Formatted ... Formatted ... Formatted ... Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Packet Page. 377 University Hills Specific Plan Page 5- 13 that are intended to reduce the number of vehicular trips. This has many benefits, including reduced congestion and pollution levels. The following features are discussed in other sections of the Specific Plan but are highlighted here to reinforce the commitment to sustainability embodied in University Hills. ■■ Development in University Hills is limited to 42 percent of the total site. ■■ Class II bicycle parking will be provided at onsite parks, ■■ The onsite trail system promotes non-vehicular access throughout the project and to offsite destinations. ■■ University Hills is only ¾ mile to the transit station at CSUSB. This transit station is the end of Omnitrans BRT line, a major regional transit hub, with access to Metrolink. Sustainability Resource Guide This tableTable 5.1 presents a consolidated list of available programs, resources, and potential funding sources to assist the master developer and individual builders in implementing the sustainability guidelines presented in this Section. Since the programs and efforts of the various agencies and providers that serve the University Hills community may change over time, it is encouraged to check with the relevant entity for current programming and incentives. Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 Formatted ... Commented [LG4]: TBD - may increase Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 1.35" Formatted ... Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted ... Packet Page. 378 Sustainability Guidelines Page 5- 14 June200 8 Table 5-1 Sustainability Resource Guide Provider Program Description For More Information Energy Southern California Edison (SCE) Sustainable Communities Program For multiple building and/or mixed-use projects. Provides design assistance, training, education, and financial incentives relating to energy efficiency, demand response, and self-generation. For nonresidential projects. Provides design assistance, energy analysis, and financial incentives. www.sce.com SCE and Southern California Gas Company Savings By Design www.socalgas.com/business Southern California Gas Company Advanced Home Program ( Part of ENERGY STAR New Homes Program) For residential projects. Offers financial incentives through either a performance- based or measure-based approach. http://www.socalgas.com/#construction /ahp/ http://www.sce.com/#RebatesandSavin gs/ Infrastructure No current programs; see policies and strategies outlined earlier in this chapter. Also see resource listed below. Fuscoe Engineering and City of Irvine Redevelopment Dept. Sustainable Travelways Guidelines Guidelines for street development created in partnership with the Orange County Fire Authority for the Great Park Community. http://www.cityofirvine.org/depts/ cd/redevelopment/ Water and Wastewater Metropolitan Water District California Friendly Homes; California Friendly Landscape General provisions and design standards for residential landscaping. www.bewaterwise.com Building Level U.S. Green Building Council LEED (Leadership in Energy and Environmental Design) ENERGY STAR Sustainable community and building-level rating system. www.usgbc.org U.S. Department of Energy Certifies homes and products for energy efficiency. www.energystar.gov Packet Page. 379 University Hills Specific Plan Page 5- 15 This page is intentionally left blank. Formatted: Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Left: 0.5", Right: 0.5", Top: 0.5", Bottom: 0.5", Header distance from edge: 0.5", Footer distance from edge: 0.5" Formatted: Font: (Default) Aptos, 11 pt, Not Italic, Ligatures: Standard + Contextual Packet Page. 380 University Hills Specific Plan Page 6- 1 Formatted: Header IMPLEMENTATION Chapter 6: Implementation All specific plans must contain a “program of implementation measures, including regulations, programs, public works projects, and financing measures” pursuant to California Government Code, Section 65451(a)(4). This section sets forth the procedures needed to implement the approved Specific Plan and the procedures required for all subsequent amendments, if necessary. Administering the Plan The City of San Bernardino shall administer the provisions of the University Hills Specific Plan shall comply with all procedural requirements cited in accordance with the CityState of San Bernardino DevelopmentCalifornia Government Code, Chapter 19.64, Specific Plans. Whenever the the San Bernardino General Plan, the San Bernardino Municipal Code, and other applicable State and City regulations. The development procedures, regulations, standards, and specifications contained in this Specific Plan conflict with the regulations of the City of San Bernardino Development Code, the provisions of thisthe adopted Specific Plan shall take precedence.supersede the relevant provisions of the City’s Municipal Code, as they currently exist or may be amended in the future. Responsibility Following approval of this Specific Plan by the Planning Commission and City Council of the City of San Bernardino, the City’s Director of Community Development Services shall be responsible for administering the provisions of the University Hills Specific Plan in accordance with the provisions of this Specific Plan, the State of California Government Code, and the Subdivision Map Act. All necessary permits and approvals shall be processed through the City’s existing permit and application processes as noted in Article IV, Administration, of the Development Code (, unless modified pursuant to this Specific Plan and except for projects subject to Senate Bill 330).. Applicability Style Definition: Revision Style Definition: Table Paragraph Style Definition ... Style Definition: Comment Reference Style Definition ... Style Definition ... Style Definition: Body Text: Font: (Default) Arial, 10 pt, Space Before: 6 pt, After: 6 pt Style Definition: Heading 4: Font: (Default) Roboto Medium, 10.5 pt, Condensed by 0.25 pt, Ligatures: Standard + Contextual, Indent: Left: 0", Space Before: 12 pt, After: 6 pt, Widow/Orphan control, Keep with next, Keep lines together, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Style Definition: Heading 3: Font: (Default) Tw Cen MT, 12 pt, Not Italic, (Intl) Times New Roman, Left, Indent: Left: 0", Hanging: 0.6", Space Before: 12 pt, After: 6 pt, Widow/Orphan control, Keep with next, Tab stops: 0.75", Left Style Definition: Heading 2: Font: (Default) Tw Cen MT, 12 pt, Bold, Font color: Custom Color(RGB(100,175,189)), (Intl) Times New Roman, Do not check spelling or grammar, Indent: Left: 0", Hanging: 0.5", Space Before: 12 pt, After: 6 pt, Widow/Orphan control, Keep with next, Tab stops: 0.75", Left Style Definition: Heading 1: Font: (Default) Tw Cen MT, 14 pt, Bold, Font color: Custom Color(RGB(14,52,86)), Do not check spelling or grammar, Left, Indent: Left: 0", Hanging: 0.5", Space Before: 12 pt, After: 12 pt, Widow/Orphan control, Keep with next Style Definition: Normal: Font: (Default) Arial, 10 pt, Space After: 6 pt, Widow/Orphan control, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 381 Page 6- 2 June 2008 All development within the Specific Plan area shall comply with the requirements and standards set forth in this document. Where conflicts exist between the following standards and those found in the City of San Bernardino Development Code, the standards contained in this document shall apply. The provisions of the City of San Bernardino Development Code shall apply to any area of site development, administration, review procedures, environmental review, landscaping requirements, and parking regulations not expressly addressed by this Specific Plan document. 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When there is a question or ambiguity regarding the interpretation of any provision of this Specific Plan, the Director of Community Development Services has the authority to interpret the intent of such provision. In interpreting this Specific Plan, the City’s Director of Development Services shall give consideration to the Vision and Guiding Objectives of this Specific Plan while ensuring that development can proceed in accordance with the terms and objectives of this Specific Plan and the approved tentative map. The Director of Community Development Services may, at his/her discretion, refer interpretations to the Planning Commission for its consideration and action. Such a referral shall be accompanied by specific details, information, and analysis that tie the information to the Director’s decision. The Planning Commission shall make similar findings in conjunction with its decision. The Planning Commission action may be appealed to the City Council. All interpretations made by the Director of Community Development Services may be appealed to the Planning Commission in accordance with the appeal procedures set forth in the City’s Development Code. 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Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 383 Page 6- 4 June 2008 Implementation Severability If any section, subsection, sentence, clause, or phrase of this Specific Plan, or future amendments or additions hereto, 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 plan. Specific Plan Amendment It is anticipated that certain modifications to the Specific Plan text and/or exhibits may be necessary during the development of the project. Any modifications to the Specific Plan shall occur in accordance with the amendment process described in this section. These amendments, should they occur, are divided into two categories, major and minor amendments. Depending on the nature of the proposed Specific Plan amendment, additional environmental analysis may be required, pursuant to the California Environmental Quality Act (CEQA). Major Amendments If, after making written and factual findings, an amendment is deemed major by the Director of Community Development Services, it will be processed in the same manner as the original Specific Plan. Specific Plan amendments shall be processed in the same manner as the original Specific Plan as described under Chapter 19.64, Specific Plans, of the City of San Bernardino Development Code. This requires Planning Commission and City Council approval. 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Packet Page. 384 University Hills Specific Plan Page 6- 5 Minor Adjustments Minor amendments include simple modifications to text or exhibits that do not: change the meaning, intent, or materially alter the nature or scope of the Specific Plan; increase the maximum density; or exceed the allowable total units of the Specific Plan. Minor adjustments include, without limitation, minor changes in locations of streets, public improvements, or infrastructure; minor changes in the configuration or size of parcels; density transfers (as described below); minor modification of land use boundaries; and interpretations that facilitate or streamline the approval of unlisted uses that are similar in nature and impact to listed uses. Minor modifications may be accomplished administratively by the Director of Development Services, using the spirit and intent of the University Hills Specific Plan as a guide. The decision of the Director of Development Services may be appealed to the Planning Commission and City Council. Review and Approval Process Approval of the University Hills Specific Plan indicates acceptance by the City of San Bernardino City Council of a general framework of development for site. Part of that framework establishes specific development standards that constitute the zoning regulations for this Specific Plan. It is further anticipated that this Specific Plan will be implemented through a series of tentative tract maps, final maps, and plot plans which shall be reviewed and approved by the Director and the appropriate hearing body to ensure consistency with this Specific Plan. Subsequent projects may be subject to SB 330, which limits the number of public hearings for a project, among other procedural modifications. Administrative Development Review The following additional applications may not be identified as “Principle Permitted Uses” or “Accessory Permitted Uses” in Section 3 Development Standards, but they are considered ancillary to the inherent land uses. The following applications may be submitted as an Administrative Permit, and may be approved or conditionally approved by the Director through approval of said Administrative Permit: Concept for parks and landscaping; Residential architecture and final site of development plans; Landscape plans and selected landscape materials for all open space areas; Signage and entry monumentation; and Private property landscape plans and selected landscape materials such as front yard landscaping. 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Packet Page. 385 Page 6- 6 June 2008 Implementation Severability If any section, subsection, sentence, clause, or phrase of this Specific Plan, or future amendments or additions hereto, 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 plan. check the PAs Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li, Page break before Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 386 University Hills Specific Plan Page 6- 7 Packet Page. 387 Page 6- 8 June 2008 Implementation Location of Land Use Designations The locations of the land use designations are approximate. Minor changes in boundary alignment and use location are permissible with approval by the Director of Community Development Services. However, the intended development character and density/unit restrictions described in this Specific Plan shall be maintained. Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Packet Page. 388 University Hills Specific Plan Page 6- 9 character and density/unit restrictions described in this Specific Plan shall be maintained. Transfer of Units The ability to transfer residential units provides flexibility to respond to market demands and physical realities while ensuring that the vision and guiding objectives of the University Hills Specific Plan are maintained. Residential unit transfers are allowable within the Specific Plan subject to the following criteria: check the PAs ■■ Any unused residential units from an entitled/developed Planning Area may be transferred to another residentially designated Planning Area per the provisions of this section, except that units may not be transferred into the area north of the South Branch of the San Andreas Fault. ■■ Residential unit transfers are permitted; however, 1) the maximum number of residential units in the Specific Plan area shall not exceed 437327 units; and 2), regardless of the maximum density listed for any Planning Area shall not be exceededlot types used. ■■ The maximum residential density may not exceed 2010 dwelling units per adjusted-gross acre without approval by the Planning Commission. ■■ The residential unit transfers shall be administratively reviewed and approved by the Director of Community Development Services. The Director’s findings may be appealed to the Planning Commission and, subsequently, to the City Council. Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... Formatted ... 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All infrastructure improvements will be developed in conjunction with the roadway improvements. revise Financing may also involve a combination of impact fees and exactions, special assessment districts, community finance districts (CFDs), landscaping and lighting districts, and other mechanisms agreed to by the developer and the City as noted below. Developer- or builder-funded improvements may be subject to a reimbursement agreement or credits against fees pursuant to provisions of a development agreement or conditions of approval. The City and developer or builder will cooperate to ensure that the public facilities are built in accordance with all requirements of the Specific Plan and EIR. A development agreement and conditions of approval may be used to facilitate this process. Development Phasing University Hills is expected to be developed starting in 20112026 and built out in approximately 20162030. It is anticipated that the following sequence will be followed during the buildout of University Hills: Development Phasing Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, No bullets or numbering, Tab stops: Not at 0.69" Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted ... 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Packet Page. 390 University Hills Specific Plan Page 6- 11 Phase 1 revise each phase as needed ■■ Backbone circulation plan detailed on “Figure 3-.1,: Vehicular Circulation Plan.”. ■■ Conceptual master grading plan detailed on “Figure 3-26,.18: Conceptual Grading Plan”. ■■ Backbone water system detailed on “Figure 3-27,.19: Conceptual Water Plan,”, necessary to serve the 1720 and 1880 pressure zones excluding Formatted: Font: (Default) Aptos, 11 pt, Bold, Not Italic, Font color: Auto, Ligatures: Standard + Contextual Formatted: Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, Page break before Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Not Highlight, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Not Highlight, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Not Highlight, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Not Highlight, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", First line: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Not Italic, Not Highlight, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Highlight, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Highlight, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Expanded by / Condensed by , Not Highlight, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Highlight, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Highlight, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Highlight, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Not Highlight, Ligatures: Standard + Contextual Packet Page. 391 Page 6- 12 June 2008 Implementation the system necessary to serve pressure zone 2040 . ■■ Backbone drainage system detailed on “Figure 3-28,.20: Conceptual Drainage Plan.”. ■■ Backbone sewer system detailed on ”Figure 3-29,.21: Conceptual Sewer Plan.”. Phase 2 In-tract improvements: In-tract water system In-tract drainage system In-tract sever system Precise grading It should be emphasized that the phasing program described in this section is a projection based on a judgment of future planning and market factors. Therefore, this phasing program is not to be taken as a compulsory develop- mentdevelopment sequence. Development area sequencing may change as the result of future conditions that neither the City nor the developer has knowledge of as of the date of this submittal. However, the basic standards will not change and are required to be complied with regardless of shifts in the composition of each development phase. The developers of property within University Hills will be required to comply with all grading, drainage, and road improvements as specified in the Specific Plan. Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted ... Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Packet Page. 392 University Hills Specific Plan Page 6- 13 Maintenance The creation and operation of a maintenance assessment district(s) will be an important factor in maintaining the aesthetic quality of University Hills. Maintenance responsibilities will be assigned to a Landscape and Lighting Maintenance District(sCommunity Facility Agreement (CFD), and/or other maintenance mechanisms. The public and private entities are described below and in Table 6-2.1, Maintenance Plan. Open Space and Parks Open space and parks shall be the responsibility of a landscape and lighting district or a public facilities maintenance district. Project Roadways All public roadways shall be incorporated into the City’s system of roads for operation and maintenance. Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Left, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... 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Packet Page. 393 Implementation Page 6- 10 June 2008 Packet Page. 394 University Hills Specific Plan Page 6- 11 Table 6-1 Maintenance Plan Type Developed By Maintained By Owned By Streetscape Community Roadways (arterials, secondary arterials, and collectors) Neighborhood Roadways (local streets) Master Developer City of San BernardinoHOA City of San BernardinoHOA Neighborhood Roadways (local streets) Master Developer City of San BernardinoHOA City of San BernardinoHOA Community Roadway Medians (arterials, secondary arterials, and collectors) Master Developer City of San BernardinoHOA LLD/ City of San BernardinoHOA Neighborhood Roadway Medians (local streets) Guest Builder City of San BernardinoHOA LLD/ City of San BernardinoHOA Community and Secondary Entries Guest BuilderMaster Developer LLMDHOA LLMDHOA Street Lighting (community and neighborhood roadways) Master Developer City of San BernardinoHOA LLD/ City of San BernardinoHOA Community Walls and Fences Master Developer LLMD LLMD Table 6.1: Maintenance Plan (Continued) Type Developed By Maintained By Owned By Formatted ... 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Packet Page. 395 Implementation Page 6- 12 June 2008 Community Walls and Fences Master Developer HOA HOA Interior Neighborhood Walls and Fences Guest Builder Homeowner Homeowner Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li Packet Page. 396 University Hills Specific Plan Page 6- 13 Parks and Open Space Glider Open Space Master Developer LLMD City of San Bernardino Regional Multipurpose Trail Master Developer City of San Bernardino City of San Bernardino Planning Area 312 Slopes Master Developer LLMDHOA LLMD/City of San BernardinoHOA Public Trails in the PA3Planning Area 2 Existing LLMDHOA City of San BernardinoHOA Passive Public Parks and Open Space Guest Builder LLMDHOA City of San BernardinoHOA Fuel Modification Zones Master Developer LLMD LLMD Rear Yard Slopes Master Developer/Guest Builder Homeowner Homeowner Fuel Modification Zones Master Developer HOA HOA Infrastructure Water systems (on- and off-site) Master Developer City of San Bernardino City of San Bernardino Nonpotable water systems Master Developer City of San Bernardino City of San Bernardino Sewer systems (on- and off-site) Master Developer City of San Bernardino City of San Bernardino Formatted: Font: (Default) Aptos, 11 pt, Bold, Font color: Auto, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li, Page break before Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Italic, Not Superscript/ Subscript, Ligatures: Standard + Contextual Formatted: Normal, Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Formatted ... 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LLD = Landscape and Lighting District or special maintenance district HOA = Home Owner’s Asociation SBCFC = San Bernardino County Flood Control LLMD=Landscape and Lighting Maintenance CFD = Community Facilities District CSUSB=California State University, San Bernardino Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Formatted: Normal, Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: Aptos, Italic, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Formatted: Font: Aptos, Italic, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Italic, Character scale: 100%, Ligatures: Standard + Contextual Formatted: Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Formatted: Indent: Left: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Formatted: Font: (Default) Aptos, 11 pt, Italic, Ligatures: Standard + Contextual Formatted: Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Packet Page. 398 University Hills Specific Plan Page 6- 15 Financing Strategies The financing of construction, operation, and maintenance of public improvements and facilities will include a combination of financing mechanisms. However, the developer shall ultimately be responsible for all fair-share costs associated with implementing the project, including but not limited to the costs of providing infrastructure and complying with all mitigation measures, conditions of approval, and other requirements of the project. Various financing strategies may be used to fund the public facility improvements specified by the Specific Plan. Financing may involve a combination of impact fees and exactions, special assessment districts, landscaping and lighting districts, community facilities districts, and other mechanisms as agreed to by the developer and City. The City and developer will cooperate to ensure that the public facilities are built in accordance with all requirements of the Specific Plan. A Development Agreement and conditions of approval may be used to facilitate this process. Formatted: Font: (Default) Aptos, 11 pt, Font color: Auto, Check spelling and grammar, Ligatures: Standard + Contextual Formatted: Normal, Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Formatted: Font: (Default) Aptos, 11 pt, Ligatures: Standard + Contextual Formatted: Normal, Left, Indent: Left: 0", Right: 0", Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted ... Packet Page. 399 Implementation Page 6- 16 June 2008 This page intentionally left blank. Formatted: Left: 0.5", Right: 0.5", Top: 0.5", Bottom: 0.5", Suppress Endnotes, Header distance from edge: 0.5", Footer distance from edge: 0.5" Formatted: Indent: Left: 0", Space Before: 0 pt, After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: (Default) Aptos, 11 pt, Not Italic, Ligatures: Standard + Contextual Packet Page. 400 Packet Page. 401 Packet Page. 402 Public Hearing: Agenda Item No. 2 City of San Bernardino Request for Planning Commission Action Date: January 13, 2026 To: Honorable Chairperson and Planning Commissioners From: Gabriel Elliott, Director of Community Development and Housing By: Michael Rosales, Senior Planner Subject: Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595) University Hills Specific Plan Owner Applicant Encore University Hills, LLC David Hardy 770 Tamalpais Drive, #401B 3333 Michelson Drive, Suite 620 Corte Madera, CA 94925 Irvine, CA 92612 Request The applicant is requesting the following: (1) adopt the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with the California Environmental Quality Act; (2) approve Specific Plan Amendment No. 23-01 to amend the development standards and guidelines of the original development plan and reduce the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan; (3) approve Subdivision No. 23- 05 (Tentative Tract Map No. 20595) to allow the subdivision of a 404.3-acre site into 327 single-family residential lots; and (4) dissolve Development Agreement No. 08-02 and replace with a Memorandum of Understanding (Attachment A, Exhibit “C”, and Attachment E). The project site is located at Badger Canyon Road and W. Frontline Road in Ward 5. APN: 0265-041-12, 0265-051-12 and -13 ; 0 265-061-16; 0265-011-06, -07, and -08; 0265-051-09; and 0265-021-13 Zones: University Hills Specific Plan (SP-UH) Recommendation Planning Division of the Community Development and Housing Department recommends that the Planning Commission take the following action: 1) Adopt Resolution No. 2026-001 of the Planning Commission of the City of San Bernardino, California, recommending that the Mayor and City Council: (1) adopt the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Packet Page. 403 Program (SCH #2007071155) in compliance with California Environmental Quality Act Section 15164(a); (2) Approve Specific Plan Amendment No. 23-01 to amend the development standards and guidelines of the original development plan and reduce the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan; (3) Approve Subdivision No. 23-05 (Tentative Tract Map No. 20595) to allow the subdivision of a 404.3-acre site into 327 single-family residential lots; for properties located at APNs: 265-041-12, 265-051-12, 265-051-13, 265-061-16, 265-051-09, 265-021-13, 265-011-07, and 265-011-08, and 265-011-06 within the University Hills Specific Plan; and (4) Dissolve Development Agreement No. 08-02 (Attachment A, Exhibit “C”,). Public Hearing Noticing December 18, 2025: Notices were mailed to all owners’ property located within 1,000 feet 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 January 13, 2026, for Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595) – University Hills Specific Plan. January 3, 2026: Display advertisement was published in the San Bernardino Sun Newspaper. Project Description Pursuant to the requirements of Chapter 19.64 (Specific Plans), and Chapter 19.66 (Subdivision Maps) of the City of San Bernardino Development Code and California Government Code Section 65450, the applicant is requesting the first amendment to the City of San Bernardino’s 2008-approved University Hills Specific Plan (SP-UH) Specific Plan. The amendment proposes revisions to the land use plan and significantly reduce development intensity within the 404-acre site. The amendment consolidates 24 planning areas into 4; lowers residential density from 20 to 3.1 dwelling units per acre; increases permanent open space from 235 to 300 acres; reduces total units from 980 to 327; updates park concepts; revises circulation to connect Badger Canyon Road to Campus Drive adding emergency access; and updates development standards to emphasize single-family homes. Subdivision 23-05 (Tentative Tract Map No. 20595) is requested to allow for the subdivision of a 404.3-acre site into 327 single family lots, along with parcels for landscaping, parks, water quality basins, roads, trails, 46.86 acres of parks and open space, and an additional 300.44 acres of open space preserved within a remainder lot. Packet Page. 404 Background 1993: The Paradise Hills Specific Plan, approved in 1993 and based on the former General Plan, included a certified Environmental Impact Report and proposed a 229-acre development area extending north into Badger Canyon. The plan called for 504 residential units and 175 acres of open space, with two housing types—Foothill Residential at 3.5 units per acre and Hillside Residential at 1 unit per acre— resulting in overall densities of 1.25 and 2.2 units per acre. The Paradise Hills Specific Plan was later revised to cluster development south of the San Andreas Fault, which crosses the property, eliminate development in Upper Badger Canyon, and create a land plan in association with California State University San Bernardino (CSUSB). The project was never built, and no development has occurred on the site since. 2005: After adoption of the new General Plan in 2005, The Paradise Hills Specific Plan was renamed the University Hills Specific Plan (SP-UH) via Resolution 2005-362 adopted November 1, 2005. The University Hills Specific Plan (SP-UH) applied updated goals, policies, and land-use designations to the site which included Residential Suburban (4.5 units/acre) on the southern third, Residential Low (3.1 units/acre) in the center, and Open Space along the northern edge, all designations consistent with the original plan. No movement on the plan occurred at this time. 2008: The Environmental Review Committee determined that the University Hills Specific Plan could have negative effects on the environment and warranted preparation of a Subsequent Environmental Impact Report. The Draft SEIR was distributed for the 45-day public review period from August 1, 2008 to September 1, 2008. On November 17, 2008 the Mayor and Common Council accepted the Subsequent Environmental Impact Report (SEIR) and adopted the University Hills Specific Plan No. 07-01. 2008-2025: It is anticipated that the project in its current form will ultimately be developed. Setting and Site Characteristics The Project site is located within the northern end of the City of San Bernardino, just north of the California State University San Bernardino (CSUSB) campus and several large debris basins maintained by the County of San Bernardino Flood Control District. Packet Page. 405 The Project site occupies approximately 404 acres of vacant land in the western edge foothills of the San Bernardino Mountains which run for approximately 60 miles east from the Cajon Pass to the Coachella Valley. The elevation of the Project site ranges between 1,600 feet above sea level (asl) at its southerly boundary to an upper elevation of approximately 2,600 feet asl. An observatory to the south is located at Badger Hill which is utilized by CSUSB for educational purposes (Attachments C and D). Table 1 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 Vacant University Hills Specific Plan Single Family Residential North San Bernardino National Forest National Forest N/A South Public Flood Control Public Flood Control (PFC) Public Flood Control East San Bernardino National Forest National Forest N/A West Public Flood Control Public Flood Control (PFC) Public Flood Control Analysis The Project consists of the first amendment to the approved University Hills Specific Plan (SP-UH) Project. The original Project was adopted by the City of San Bernardino in 2008. This first amendment of the approved Project is a proposal to adopt the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) (Exhibit “B”), modify the land use plan and reduce the development intensity and residential dwelling units allowed within the 404-acre site, Subdivide for 327 single family lots (Exhibit “A”), and dissolve and remove Development Agreement 08-02 from the property title and replace with a Memorandum of Understanding (Attachment E). Amendment Specifically, the amendment would include the following changes: x Reduce the number of Planning Areas from 24 to 4. x Reduce the residential density of the Project from a maximum of 20 dwelling units per acre (du/acre) to 3 du/acre. x Increase the amount of land preserved in perpetuity as open space from approximately 235 acres to approximately 300 acres, to better accommodate environmental site constraints, such as seismic and biological constraints. x Reduce the number of allowed residential dwelling units (DU) from 980 DU to 327 DU. x Redesign of the conceptual park plans. x Update the circulation plan to connect Badger Canyon Road south to Campus Drive and add additional emergency vehicle access roads. x Update of development standards and design guidelines to focus on single-family residential development. Packet Page. 406 Approvals associated with the Specific Plan Amendment (SPA) include an amendment to the University Hills Specific Plan and a Tentative Tract Map (TTM): Subdivision The Tentative Tract Map is a subdivision proposing to implement the land uses identified in the first amendment to the University Hills Specific Plan (SP-UH). Subdivision 23-05 (TTM No. 20595) proposes the subdivision of approximately 338.80 acres into 327 single family residential lots with a minimum lot size of 2,750 sq. ft. This includes lots for landscaping, passive park, water quality basin, roadways, trails and 46.86 acres of open space; 300.44 acres will be allotted to additional open space within a remainder lot. Pedestrian and Bicycle Connectivity The amendment would improve the Project site with pedestrian and bicycle infrastructure, as follows: x The Pedestrian and bicycle routes along roadways would incorporate pedestrian amenities such as benches, bike racks, shade structures, and lighting where appropriate. x Pedestrian connections would link residential neighborhoods with recreation areas. x Bike racks would be located at strategic points throughout the open space system, such as parks and other recreational amenities, to encourage non-vehicular circulation. x Trails would be clearly marked with consistent signage and well-lit with bollard lighting as appropriate. Roadways, Traffic, and Circulation The originally approved Project of 2008 was designed with main access (to the site) through the Campus Parkway extension, with Badger Canyon Road (a dirt road) used only as an Emergency Vehicle Access (EVA) route. The current amended Project keeps these same roadways—Campus Parkway extension and EVA No. 1 (Badger Canyon Road)—as part of its land use plan. In addition, the Project would add two new vehicle access points: x Campus Parkway Access: A new driveway would connect to a future road off Campus Parkway. This new road is expected to link Campus Parkway with North Campus Circle at a future intersection located just north of the existing West Campus Circle/North Campus Circle intersection. x Badger Canyon Road Access: A second driveway would connect to a future fire access road along EVA No. 1 (Badger Canyon Road). Badger Canyon Road would tie into Devils Canyon Road just north of the current Campus Parkway and Northpark Boulevard/Devils Canyon Road intersection. Packet Page. 407 Utilities and Infrastructure The Project presented would require the installation of utilities and infrastructure systems including potable water, water to fight fires, wastewater, storm drainage, electricity, natural gas, street lighting, and sidewalks would be installed to serve the Project. The updated UHSP includes utility master plans for water, sewer, storm drain, etc. All Project utility connections would be located underground. Eight aboveground Frontier electricity power poles/power lines are located within the Project site. These electric power lines would go underground and relocated away from the residential lots as part of the Project onsite development activities. Landscaping Landscaping within Project site would consist of evergreen and deciduous canopy trees with flowering evergreen shrubs and groundcovers. It is intended that the landscaping would provide visual themes and continuity throughout the Project site, enhance desirable views, screen undesirable views, beautify and control erosion of graded slopes exposed to public views, preserve existing landscape material (whenever possible), and enhance interfaces between graded and natural open space areas. Streetscape elements, such as landscaping, lighting, street furniture, and signage, would create an attractive, consistent, and cohesive community image and would complement the surrounding architectural styles. Landscaping along major roadways and at Project entries would be designed to create an attractive and cohesive community identity. Water usage would be minimized through the planting of native and low-water species and the utilization of water-efficient and drip irrigation systems. Medians and parkways would be used for water treatment and to reduce runoff, when possible. Overall, landscaping would include the installation of shade trees throughout the Project site including fire-safe and drought tolerant landscaping that is located to help reduce the effect of harsh winds, provide shade, and highlight significant features. The Project would be maintained via Homeowners Association (HOA) agreements and Landscape and Lighting Maintenance Districts (LLMDs). Recreation Areas The Project would develop recreation and open space areas as follows: • Recreation and open space areas would be designed to accommodate the needs of different ages and abilities. • Canopy trees would be used to provide shade. • Outdoor furniture would be provided in parks and common open space areas that would complement the surrounding architectural styles, materials, and colors. • A combination of hard and soft paving would be used depending on the function of the recreational amenities. • Active areas would utilize turf, grass, and ornamental plantings. Passive areas would primarily be composed of drought-tolerant species. Packet Page. 408 Lighting Lighting within the Project is intended to help define vehicular and pedestrian circulation patterns, provide safe pedestrian movement, distinguish community entries and activity areas, and contribute to the overall landscape theme of the community. The goal is to provide a sense of place by varying fixtures and illumination levels. Due to the proximity of Project site to the CSUSB observatory at Badger Hill, the use of lighting within the community shall not be excessive and would be consistent with the dark sky guidelines suggested by the International Dark Sky Association. Additionally, the Project lighting would implement the following features: • Streetlights would implement the use of Light-Emitting Diode (LED) in accordance with City Standard No’s, SL-1, SL-2, and SL-3. Also, when more than three streetlights are proposed, a lighting plan would be prepared for all public areas within University Hills in accordance with the City of San Bernardino Street Lighting Design Policies. The lighting plan would establish uniform lighting standards regarding style, materials, and colors to ensure consistent design. The lighting plan would be submitted to the City’s Public Works Department for review and approval, prior to installation. • All exterior lights would be shielded and focused on driveways to minimize spill light into the night sky or adjacent properties (residential land uses located approximately 600 feet southeast of the Project site, along North “I” Street). • Exterior lighting would be consistent with City safety and illumination requirements for rural areas. Exterior lighting on homes would be set to automatic timers. Light standards would be energy efficient and in scale with the height and use of the structures on-site. • Light standards would not exceed 15 feet in height above finish grade. Lighting in parks may exceed this limit where deemed appropriate by the University Hills Design Review Committee and approved by the City. The 15-foot height limit may be waived as deemed necessary by the City Engineer. • Lighting would be decorative, in keeping with the architectural theme of the facility served and shall be located within landscape planter areas. • All lighting, including security lighting, would be directed away from adjoining properties and the public right-of-way. • Parking areas would have lighting that provides adequate illumination for safety and security. Parking lot lighting fixtures would maintain a minimum of 1 foot- candle of illumination at ground level at any location within the parking facility. • The level of lighting would not exceed 0.5 foot-candle at any residential property line or at the perimeter of the developed areas adjacent to the areas designated as Open Space. • Game-court lighting is permitted on a case-by-case basis. Prior to installation, all game court lighting shall be reviewed and approved by the City of San Bernardino and any other responsible governing agency. Court lighting fixtures shall not exceed 30 feet in height. • Exterior lighting may be used to illuminate significant exterior features and landscaping. Packet Page. 409 Off-site Improvements to the Project: Offsite street improvements would include drainage, water, and sewer improvements. A fuel modification zone would be constructed on San Bernardino County Flood Control properties within public easement and reservoirs. The Project would also require the construction and realignment of main ingress and egress roads, and EVA roadway alignments. Construction Schedule The Project does not contain a specific phasing plan or construction schedule for the Project; however, the Project would include backbone infrastructure that would include roads, water, and sewer lines prior to developing any planning areas. Assumed Project construction timelines are as follows: x Site Preparation: January 2, 2027 to March 1, 2027 x Grading: March 5, 2027 to September 3, 2027 x Building Construction: September 4, 2027 to February 28, 2028 x Paving: May 1, 2028 to July 1, 2028 x Architectural Coating: October 1, 2028 to March 28, 2029 The Project site preparation is anticipated to occur over a period of 2 years, which the Specific Plan Amendment identified as 2027 to 2029. These timeframes are also assumed for air quality modeling purposes. However, these timeframes are subject to changes depending on various factors, including economic conditions and market demand. Development Agreement 08-02 The applicant has requested Development Agreement 08-02 to be dissolved and removed from the property title. Section 3.1.1 within the agreement defines the “5 Year Performance Plan”, requiring that within the first five years of the Effective date of 4/19/2012, off-site rights of way “must have been acquired,” construction plans for the backbone infrastructure “shall be submitted” and deemed complete plans for the first phase of residential structures and park “shall have been submitted.” None of these mandatory requirements were satisfied, so the developer failed to meet the obligations under Section 3.1.1. As a result of the failure to meet these obligations, the DA shall be terminated per Section 3.2. In addition to the above, terms within Development Agreement 08-02 are no longer applicable to the proposed Specific Plan Amendment. Such terms include the City maintenance of the roadways and landscape areas, the provision of public parks and buildings, vested impact fee schedules, and the provision of multifamily housing including student/faculty housing. In place of Development Agreement 08-02 there will be a Memorandum of Understanding as the expired Development Agreement referenced separate agreements between California State University San Bernardino (CSUSB) and the original developer. To preserve CSUSB’s intended protections and interests regarding roadway access, maintenance, open space access, and safeguards for campus facilities, Planning Conditions of Approval were incorporated into the Resolution as follows: Packet Page. 410 (Added as number 18) COA1: Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall provide a copy of a recorded agreement between applicant/developer/property owner and California State University, San Bernardino for access into the University Hills project for limited, educational purposes. (Added as number 19) COA 2. Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall obtain easements or acquire all property necessary from the California State University, San Bernardino, San Bernardino County Flood Control, and any other property owner necessary to provide access to the site from an existing public right of way. (Added as number 20) COA 3: Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall enter into a Memorandum of Understanding (MOU), or any other agreement deemed appropriate by both parties, with California State University, San Bernardino to address a variety of issues that could include access rights and conditions, construction management and campus protection, fault and land laboratory access, lighting and observatory protection, agency review and approval, term and termination, and dispute resolution. A current draft of the MOU will be included for reference as part of the staff report. (Amended) COA 8: The applicant shall coordinate with other outside agencies including but not limited to California State University, San Bernardino, San Bernardino County Flood Control, and San Bernardino County Fire. All required approvals, permits, and clearances shall be obtained from all outside agencies prior to recordation of the final map and prior to issuance of grading, building, and occupancy permits, as applicable, for the project. Examples include but are not limited to encroachment permits, access agreements or Memorandums of Understanding. In addition, CSUSB has prepared the Memorandum of Understanding to outline the key deal points between the CSUSB the new developer Encore University hills, LLC. These provisions will ultimately be formalized through an encroachment agreement, which will be recorded against the property title General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: Land Use Element 2.1 Preserve and Enhance San Bernardino’s Unique Neighborhoods. The University Hills Specific Land Use Plan is designed to be compatible with the surrounding residential and future commercial uses within the vicinity. 2.3 Create and Enhance Dynamic, Recognizable Places for San Bernardino’s Residents, Employees, and Visitors. The Specific Plan Design Guidelines provide for the creation of unique, quality residential development. 2.5 Enhance the Aesthetic Quality of Land Uses and Structures in San Bernardino. Packet Page. 411 The Specific Plan Design Guidelines provide for the creation of unique, quality residential development. Housing Element Policy 1.3 Design Features. Require new and rehabilitated housing to be well designed, with appropriate attention to site planning, materials and colors, building treatments, landscaping, open space, parking, and sustainable green designs. The Addendum to the University Specific Plan will increase the amount of land preserved in perpetuity as open space, Update the Parks Plan, and update the circulation to accommodate the project. Community Design Element 5.3 Recognize Unique Features in Individual Districts and Neighborhoods and Develop a Program to Create Unifying Design Themes to Identify Areas Throughout the City. The Specific Plan Design Guidelines provide for the creation of unique, quality residential and commercial development. Circulation Element 6.1 Provide a Well-Maintained Street System. The interior local roads will be maintained by a homeowner’s association. Parks, Recreational and Trails Element 8.1 Improve the Quality of Life in San Bernardino by Providing Adequate Parks and Recreation Facilities and Services to Meet the Needs of Our Residents. The University Hills Specific Plan (SP-UH) provides for a variety of private parks and open space. Utilities Element 9.1 Provide a System of Wastewater Collection and Treatment Facilities that will Adequately Convey and Treat wastewater Generated by Existing and Future Development in the City’s Service Area. The University Hills Specific Plan provides for the creation of a wastewater system that will tie into existing facilities. 9.3 Provide Water Supply, Transmission, Distribution, Storage, and Treatment Facilities to Meet Present and Future Water Demands in a Timely and Cost-Effective Manner. The University Hills Specific Plan provides for the creation of a water system that will tie into existing facilities. 9.4 Provide Appropriate Storm Drain and Flood Control Facilities where Necessary. The University Hills Specific Plan provides for the creation of a drainage system that will tie into existing facilities. 9.10 Ensure that the Costs of Infrastructure Improvements are Borne by those who Benefit. The infrastructure improvements required by the University Hills Specific Plan will be financed by the builder. Safety Element 10.5 Reduce Urban Run-Off from New and Existing Development. The Specific Plan Design Guidelines provide a variety of measures to reduce urban run- off, including a drainage basin and bio-swales. Packet Page. 412 Energy and Water Conservation Element 13.1 Conserve Scarce Energy Resources. The University Hills Specific Plan contains a chapter on Sustainable Guidelines to reduce energy and water use and conserve natural resources. Noise Element 14.1 Ensure that Residents are Protected from Excessive Noise Through Careful Land Planning. Through site planning and construction techniques, residents will be protected from excessive noise. 2020-2025 Key Strategic Targets and Goals Specific Plan Amendment 23-01 and Subdivision 23-05-aligns with Key Target No. 4: Economic Growth & Development. The proposed development will add needed attainable housing and grow the tax base in the City of San Bernardino. California Environmental Quality Act In accordance with CEQA Guidelines Section 15164(a), the applicant submitted, and the Planning Division accepted, an Addendum to the previously certified Subsequent Environmental Impact Report (SEIR), State Clearinghouse No. 2007071155. In conjunction with the Addendum, the Mitigation Monitoring and Reporting Program was amended to reflect the proposed project modifications (Exhibit “C”). Based on the Addendum, the previously certified SEIR, the adopted Environmental Findings, Mitigation Monitoring and Reporting Program, Statement of Overriding Considerations, and the entire administrative record, the Planning Commission finds that preparation of a new subsequent or supplemental EIR is not required. The project modifications evaluated in the Addendum: (1) do not constitute substantial changes to the project requiring major revisions to the 2008 SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) do not constitute substantial changes in the circumstances under which the project is undertaken that would require major revisions to the 2008 SEIR; and (3) do not involve new information of substantial importance that was not known, and could not have been known with the exercise of reasonable diligence at the time the 2008 SEIR was certified, that demonstrates any of the following: (a) the project would have one or more significant effects not discussed in the 2008 SEIR; (b) previously identified significant effects would be substantially more severe; (c) previously infeasible mitigation measures or alternatives would be feasible and would substantially reduce one or more significant effects; or (d) mitigation measures or alternatives considerably different from those analyzed in the 2008 SEIR would substantially reduce one or more significant effects on the environment. Packet Page. 413 Conclusion The development and establishment of the proposed Specific Plan Amendment is consistent with the policies of the City’s General Plan and complies with the standards of the City’s Development Code. Staff recommends that the Planning Commission take the following action: 1) Adopt Resolution No. 2026-001 of the Planning Commission of the City of San Bernardino, California, recommending that the Mayor and City Council: (1) adopt the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with California Environmental Quality Act Section 15164(a); (2) Approve Specific Plan Amendment No. 23-01 to amend the development standards and guidelines of the original development plan and reduce the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan; (3) Approve Subdivision No. 23-05 (Tentative Tract Map No. 20595) to allow the subdivision of a 404.3-acre site into 327 single-family residential lots; for properties located at APNs: 265-041-12, 265-051-12, 265-051-13, 265-061-16, 265-051-09, 265- 021-13, 265-011-07, and 265-011-08, and 265-011-06 within the University Hills Specific Plan; and (4) Dissolve Development Agreement No. 08-02 (Attachment A, Exhibit “C”,). Attachments Attachment A Resolution No. 2026-001 Attachment B Project Justification Letter Attachment C Location/Zoning Map Attachment D Aerial Map Attachment E University Hills-Draft MOU Attachment F Original approval of SP-UH Resolution No. 2008-422 Attachment G Final Subsequent Environmental Impact Report Addendum (link) Attachment H Final Subsequent Environmental Impact Report Appendices (link) Attachment I University Hills-Fire Protection Plan (Draft) Attachment J Power Point Packet Page. 414 ATTACHMENT A Resolution No. 2026-001 Packet Page. 415 RESOLUTION NO. 2026-001 - PC 1 RESOLUTION NO. 2026-001 - PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FORWARDING A RECOMMENDATION TO THE MAYOR AND CITY COUNCIL RECOMMENDING (1) ADOPTION OF THE ADDENDUM TO THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT AND MITIGATION MONITORING AND REPORTING PROGRAM (SCH #2007071155) IN COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15164(a); (2) APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 23-01 TO AMEND THE DEVELOPMENT STANDARDS AND GUIDELINES OF THE ORIGINAL DEVELOPMENT PLAN AND REDUCE THE NUMBER OF PROPOSED SINGLE- FAMILY RESIDENTIAL LOTS FROM 980 TO 327 WITHIN THE UNIVERSITY HILLS SPECIFIC PLAN; (3) APPROVE SUBDIVISION NO. 23-05 (TENTATIVE TRACT MAP NO. 20595) TO ALLOW THE SUBDIVISION OF A 404.3-ACRE SITE INTO 327 SINGLE-FAMILY RESIDENTIAL LOTS; AND (4) DISSOLVE DEVELOPMENT AGREEMENT NO. 08-02. THE PROJECT IS LOCATED AT APNS: 265-041-12, 265-051- 12, 265-051-13, 265-061-16, 265-051-09, 265-021-13, 265-011-07, 265-011-08, AND 265-011-06 WITHIN THE UNIVERSITY HILLS SPECIFIC PLAN (SP-UH). WHEREAS, In 1993, the City of San Bernardino Mayor and Common Council approved the Paradise Hills Specific Plan; and WHEREAS, after adoption of the City of San Bernardino General Plan in 2005, The Paradise Hills Specific Plan was renamed the University Hills Specific Plan (SP -UH) via Resolution 2005-362 adopted November 1, 2005; and WHEREAS, on November 17 2008, the Mayor and Common Council of the City of San Bernardino adopted Resolution No. 2008-422 certifying the Final Subsequent Environmental Impact Report (California State Clearinghouse No. 2007071155), adopting the Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, and approving Specific Plan 07-01 for the University Hills Specific Plan (SP-UH); and WHEREAS, on February 27, 2023, pursuant to the requirements of Chapter 19.64 (Specific Plans), and Chapter 19.66 (Subdivisions) of the City of San Bernardino Development Code, an application for Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595), was duly submitted by: Property Owner: Encore University Hills, LLC 770 Tamalpais Drive, #401B Corte Madera, CA 94925 Packet Page. 416 RESOLUTION NO. 2026-001 - PC 2 Applicant: David Hardy 3333 Michelson Drive, Suite 620 Irvine, CA 92612 APN: 0265-041-12, 0265-051-12 and -13 ; 0265 -061-16; 0265-011-06, -07, and -08; 0265-051-09; and 0265-021-13 Lot Area: 404.3 acres WHEREAS, together, Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595), constitute the University Hills Specific Plan Project ("Project"); and WHEREAS, Specific Plan Amendment 23-01 is a request to adopt the amendment to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155), and amend the development standards and guidelines of the original development plan reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan; and WHEREAS, Subdivision 23-05 (Tentative Tract Map 20595) is a request to allow the subdivision of a 404.3-acre site into 327 single-family residential lots; and WHEREAS, The applicant has requested Development Agreement 08-02 to be dissolved and removed from property title, and replaced with a Memorandum of Understanding between California State University San Bernardino and the Applicant only, agreeing to preserve California State University San Bernardino intended protections and interests regarding roadway access, maintenance, open space access, and safeguards for campus facilities; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, Section 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code Regulations, Section 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, pursuant to the requirements of Section 15164(a) (Addendum to an EIR) of the California Environmental Quality Act, the Planning Division of the Community Development and Housing Department accepted the Addendum to the Subsequent Final Environmental Impact Report prepared by Kimly-Horn, environmental consultant for SP 23-01 and SUB 23-05 (TTM 20595) on behalf of the applicant due to the fact that: 1) there are no substantial changes in the proposed project that would require major revisions of the previous Subsequent Final Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) there are no substantial changes that have occurred with respect to the circumstances under which the proposed project is undertaking which will require major revisions of the previous Subsequent Final Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and, 3) there is no new information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time that the previous Subsequent Final Environmental Impact Report was certified; and Packet Page. 417 RESOLUTION NO. 2026-001 - PC 3 WHEREAS, the Planning Division of the Community Development and Housing Department has reviewed Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595 for consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code and University Hills Specific Plan; and WHEREAS, on December 10, 2025, pursuant to Section 19.44.030 (Project Review) of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and forwarded (1) the Addendum to the Subsequent Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155), (2) Specific Plan Amendment 23-01, (3) Subdivision 23-05 (TTM 20595), and (4) the dissolution and removal of Development Agreement 08-02 from the property title to the Planning Commission for consideration; and WHEREAS, on January 3, 2026, 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 owners of property located within 1,000 feet of the exterior boundary of the subject property of the holding of a public hearing at which the “Project” would be considered; and WHEREAS, on January 13, 2026, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held the duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the Addendum to the Subsequent Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155), Specific Plan Amendment 23-01 and Subdivision 23-05 (TTM 20595), and the dissolution and removal of Development Agreement 08-02 from the property title; and WHEREAS, no comments made in the public hearing conducted by the Planning Commission, and no additional information submitted to the Planning Commission, has produced substantial new information requiring substantial revisions that would trigger additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearing and Appeals), Chapter of the City of San Bernardino Development Code, the Planning Commission has the authority to recommend to the Major and City Council the adoption of the Addendum to the Subsequent Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155), Specific Plan Amendment 23-01 and Subdivision 23-05 (TTM 20595), and the dissolution and removal of Development Agreement 08-02 from the property title. NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows: SECTION 1. ENVIRONMENTAL DETERMINATION: Packet Page. 418 RESOLUTION NO. 2026-001 - PC 4 In accordance with Section 15164(a) (Addendum to an EIR), as the decision-making body for the project, the Planning Commission has reviewed and considered the information contained in the administrative record for the University Hills Specific Plan and the Addendum to the Final Subsequent Environmental Impact Report (SEIR) and Mitigation Monitoring and Reporting Program (SCH #2007071155), certified on November 17, 2008. Based upon the facts and information contained in the administrative record and the previously certified Final EIR, including all written and oral evidence presented to the Planning Commission, the Planning Commission finds as follows: (1) The environmental impacts of this project were previously analyzed in the Final Subsequent Environmental Impact Report (SEIR) certified on November 17, 2008 and within the Addendum for the approval of Specific Plan Amendment 23-01 and Subdivision 23-05 (TTM 20595); (2) The certified Final SEIR and the Addendum contains a complete and accurate reporting of the environmental impacts associated with the project; (3) The certified Final SEIR and the Addendum was completed in compliance with CEQA and the Guidelines promulgated thereunder; (4) The certified Final SEIR and the Addendum reflects the independent judgment of the Planning Commission; and (5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the certified Final SEIR, and all mitigation measures previously adopted with the Mitigation Monitoring and Reporting Program and the Addendum are incorporated herein by this reference. SECTION 2. FINDINGS FOR SPECIFIC PLAN AMENDMENT 23-01: Finding No. 1: The proposed plan is consistent with the General Plan. Finding of Fact: The University Hills Specific Plan (SP-UH) is a comprehensive land use and zoning document encompassing approximately 404 acres, of which approximately 42 percent (169.5 acres) were dedicated for construction of 980 residential dwelling units and related uses. The balance of the UHSP included parks and recreational uses (10.2 acres), among streets, lighting, landscaping, natural open space (234.8 acres) to the north of the developed area, among other common features generally associated with residential communities. Specific Plan Amendment 23-01 proposes to amend development standards and guidelines of the original development plan and reduce the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan. The following demonstrates how the “Project” meets the General Plan Goals and Policies: Packet Page. 419 RESOLUTION NO. 2026-001 - PC 5 Land Use Element 2.1 Preserve and Enhance San Bernardino’s Unique Neighborhoods. The University Hills Specific Land Use Plan is designed to be compatible with the surrounding residential and future commercial uses within the vicinity. 2.3 Create and Enhance Dynamic, Recognizable Places for San Bernardino’s Residents, Employees, and Visitors. The Specific Plan Design Guidelines provide for the creation of unique, quality residential development. 2.5 Enhance the Aesthetic Quality of Land Uses and Structures in San Bernardino. The Specific Plan Design Guidelines provide for the creation of unique, quality residential development. Housing Element Policy 1.3 Design Features. Require new and rehabilitated housing to be well designed, with appropriate attention to site planning, materials and colors, building treatments, landscaping, open space, parking, and sustainable green designs. The Addendum to the University Specific Plan will increase the amount of land preserved in perpetuity as open space, Update the Parks Plan, and update the circulation to accommodate the project. Community Design Element 5.3 Recognize Unique Features in Individual Districts and Neighborhoods and Develop a Program to Create Unifying Design Themes to Identify Areas Throughout the City. The Specific Plan Design Guidelines provide for the creation of unique, quality residential and commercial development. Circulation Element 6.1 Provide a Well-Maintained Street System. The interior local roads will be maintained by a homeowner’s association. Parks, Recreational and Trails Element 8.1 Improve the Quality of Life in San Bernardino by Providing Adequate Parks and Recreation Facilities and Services to Meet the Needs of Our Residents. The University Hills Specific Plan (SP-UH) provides for a variety of private parks and open space. Utilities Element 9.1 Provide a System of Wastewater Collection and Treatment Facilities that will Adequately Convey and Treat wastewater Generated by Existing and Future Development in the City’s Service Area. The University Hills Specific Plan provides for the creation of a wastewater system that will tie into existing facilities. 9.3 Provide Water Supply, Transmission, Distribution, Storage, and Treatment Facilities to Meet Present and Future Water Demands in a Packet Page. 420 RESOLUTION NO. 2026-001 - PC 6 Timely and Cost-Effective Manner. The University Hills Specific Plan provides for the creation of a water system that will tie into existing facilities. 9.4 Provide Appropriate Storm Drain and Flood Control Facilities where Necessary. The University Hills Specific Plan provides for the creation of a drainage system that will tie into existing facilities. 9.10 Ensure that the Costs of Infrastructure Improvements are Borne by those who Benefit. The infrastructure improvements required by the University Hills Specific Plan will be financed by the builder. Safety Element 10.5 Reduce Urban Run-Off from New and Existing Development. The Specific Plan Design Guidelines provide a variety of measures to reduce urban run-off, including a drainage basin and bio-swales. Energy and Water Conservation Element 13.1 Conserve Scarce Energy Resources. The University Hills Specific Plan contains a chapter on Sustainable Guidelines to reduce energy and water use and conserve natural resources. Noise Element 14.1 Ensure that Residents are Protected from Excessive Noise Through Careful Land Planning. Through site planning and construction techniques, residents will be protected from excessive noise. Finding No. 2: The proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed Specific Plan Amendment would establish a land use and development framework to serve as a marketing tool for attracting developers to key sites and for boosting economic development. The Specific Plan is dedicated to creating a mixed-use neighborhood that compliments the surrounding community by type and quality of development. The project provides quality homes and options for interested parties looking to relocate to the area. Additionally, the University Hills Specific Plan promotes water and energy conservation through sustainable development requirements for drought tolerant landscaping, guidelines for implementing renewable energy sources for utilities, and creating a walkable and convenient neighborhood with open spaces for families to gather. Therefore, the proposed Specific Plan will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding No. 3: The subject properties are physically suitable for the requested land use designations and the anticipated land use developments. Packet Page. 421 RESOLUTION NO. 2026-001 - PC 7 Finding of Fact: The original University Hills Specific Plan (SP-UH) adopted in November of 2008 was a comprehensive land use and zoning document encompassing approximately 404 acres, of which approximately 42 percent (169.5 acres) was dedicated to the construction of 980 residential dwelling units and related uses. The remaining area of the SP-UH included parks and recreational uses (10.2 acres), as well as streets, lighting, landscaping, and natural open space (234.8 acres) located north of the developed area, along with other common features generally associated with residential communities. Specific Plan Amendment 23-01 proposes to amend the development standards and guidelines of the original development plan per the following: • Reduce the number of Planning Areas from 24 to 4. • Reduce the residential density of the Project from a maximum of 20 dwelling units per acre (du/acre) to 3 per du/acre. • Increase the amount of land preserved in perpetuity as open space to better accommodate environmental site constraints, such as seismic and biological constraints from approximately 235 acres to approximately 300 acres. • Reduce the number of allowed residential dwelling units (DU) from 980 DU to 327 DU. • Redesign of the conceptual park plans. • Update the circulation plan to connect Badger Canyon Road south to Campus Drive and add additional emergency vehicle access roads. • Update of development standards and design guidelines to focus on single-family residential development. Therefore, as presented Specific Plan Amendment 23-01 is physically suitable for the requested land use designations and the anticipated land use developments. Finding No. 4: The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. Finding of Fact: The University Hills Specific Plan (SP-UH) has been created with the great consideration for the surrounding neighborhood and future development of the Specific Plan area will create a low density, walkable neighborhood with open spaces for children and families to enjoy, while maintaining high quality design for the “Project” in whole. Specific Plan Amendment 23-01 proposes to amend the development standards and guidelines of the original development plan by reducing the number of Planning Areas from 24 to 4 and lowering the residential density of the Project from a maximum of 20 dwelling units per acre to 3 dwelling units per acre. The Amendment also increases the amount of land preserved in perpetuity as open space from approximately 235 acres to approximately 300 acres to better accommodate Packet Page. 422 RESOLUTION NO. 2026-001 - PC 8 environmental site constraints, including seismic and biological constraints. In addition, the Amendment reduces the number of allowed residential dwelling units from 980 to 327, includes a redesign of the conceptual park plans, and updates the circulation plan to connect Badger Canyon Road south to Campus Drive while adding additional emergency vehicle access roads. Lastly, the Amendment updates development standards and design guidelines to focus on single-family residential development. Finding No. 5: The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live. Finding of Fact: The University Hills Specific Plan (SP-UH) has been created with consideration for the surrounding neighborhood, and future development of the Specific Plan area is intended to create a low-density, walkable neighborhood with open spaces for children and families to enjoy, while maintaining high-quality design for the Project as a whole. Specific Plan Amendment 23-01 proposes to amend the development standards and guidelines of the original development plan by reducing the number of Planning Areas from 24 to 4 and lowering the residential density of the Project from a maximum of 20 dwelling units per acre to 3 dwelling units per acre. The Amendment also increases the amount of land preserved in perpetuity as open space from approximately 235 acres to approximately 300 acres to better accommodate environmental site constraints, including seismic and biological constraints. In addition, the Amendment reduces the number of allowed residential dwelling units from 980 to 327, includes a redesign of the conceptual park plans, and updates the circulation plan to connect Badger Canyon Road south to Campus Drive while adding additional emergency vehicle access roads. Lastly, the Amendment updates development standards and design guidelines to focus on single-family residential development. Therefore, The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live SECTION 3. FINDINGS FOR SUBDIVISION 23-05 (TENTATIVE TRACT MAP 20595): Finding No. 1: The proposed map is consistent with the General Plan. Finding of Fact: The proposal is consistent with General Plan Land Use Element Policy 2.10.1 in which requires that all decisions related to the physical development and growth of the City of San Bernardino complies with the General Plan. Specifically, the provisions of this plan shall be applied to proposed private development projects Finding No. 2: The design and improvements of the proposed subdivision is consistent with the General Plan. Packet Page. 423 RESOLUTION NO. 2026-001 - PC 9 Finding of Fact: General Plan Land Use Goal 2.2 states: Promote development that integrates with surrounding land uses. "The proposed Tentative Parcel Map will be consistent with the pattern of the surrounding residential development. General Plan Land Use policy 2. 7.5 states: "Require that developments conform to the availability of public infrastructure to accommodate its demands and mitigate its impacts. "The proposed Tentative Parcel Map will connect to existing water and sewer services, create roads and storm drains, and private utilities. Finding No. 3: The site is physically suitable for the type of development. Finding of Fact: The proposed project is permitted within the University Hills Specific Plan (SP-UH), subject to the approval of Subdivision 23-05 (Tentative Parcel Map 20595) and the appropriate Conditions of Approval and adoption of the Addendum to the Final Subsequent Environmental Impact Report (SEIR) and Mitigation Monitoring and Reporting Program (SCH #2007071155). The subject site as a residential development is sufficient in size to accommodate the proposal under Subdivision 23-05 as required by the City of San Bernardino Development Code and the University Hills Specific Plan (SP-UH). Therefore, the subject site is physically suitable for the proposal. Finding No. 4: The site is physically suitable for the proposed density of development. Finding of Fact: The proposed site has been designed to meet all of the standards required by the Development Code for the University Hills Specific Plan (SP-UH) in which it is located. The subdivision of the site will not create any inconsistencies with regard to the standard requirements for the Specific Plan as analyzed. Therefore, the site is physically suitable for the type of development proposed. Finding No. 5: The design of the subdivision(s) and the proposed improvements will not cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. Finding of Fact: The design of the subdivision will not have any significant negative impacts to wildlife or their habitat. The project site was analyzed through a SEIR approved in November 2008 and re-analyzed through the Specific Plan Addendum 23-01. No significant negative impacts on the environment are anticipated to result from the proposed development that are not mitigated by the Mitigation Monitoring and Reporting Program. Finding No. 6: The design of the subdivision(s) or type of improvements will not cause serious public health problems. Packet Page. 424 RESOLUTION NO. 2026-001 - PC 10 Finding of Fact: The design of the proposed subdivision meets all of the applicable Development Code and Specific Plan requirements and will not result in any serious public health problems. The proposed parcels will have access to existing public streets and utilities, and public services will be available to serve the project site and ensure the maintenance of public health and safety. Finding No. 7: The design of the subdivision(s) or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Finding of Fact: The design of the subdivision will not conflict with any public or private easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Map. Existing easements will be reserved in place or relocated, as necessary. SECTION 4. CONDITIONS OF APPROVAL: The approval of General Plan Amendment 23-01, Specific Plan Amendment 23-01 and Subdivision 23-05 shall be subject to the following Conditions of Approval: 1. This approval is for the following; Adopt the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with the California Environmental Quality Act; (2) approve Specific Plan Amendment No. 23-01 to amend the development standards and guidelines of the original development plan and reduce the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan; (3) approve Subdivision No. 23-05 (Tentative Tract Map No. 20595) to allow the subdivision of a 404.3-acre site into 327 single-family residential lots; and (4) dissolve Development Agreement No. 08-02. The project is located at APNs: 0265-041-12, 0265- 051-12 and -13; 0265-061-16; 0265-011-06, -07, and -08; 0265-051-09; and 0265-021-13 within the University Hills Specific Plan (SP-UH). 2. The project site shall be developed and maintained in accordance with the plans stamped January 13, 2026 (Exhibit “A”), approved by the City, which includes a site plan, floor plan, exterior elevations and concept landscaping plan on file in the Planning Division; the Conditions of Approval contained herein; and, the City’s Municipal Code regulations. 3. The project shall be subject to all of the mitigation measures contained within the Mitigation Monitoring and Reporting Program (Exhibit “B”), dated January 13, 2026 and incorporated herein by reference, as Conditions of Approval. 4. Within two (2) years of the approval of the Development Permit, the commencement of construction shall have occurred, or the permit/approval shall become null and void. In addition, if at any time after the commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. Packet Page. 425 RESOLUTION NO. 2026-001 - PC 11 However, approval of the Development Permit does not authorize the commencement of construction. All necessary permits must be obtained prior to the commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: January 13, 2028 5. 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. 6. 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. 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 Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. Planning Division 7. 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 shall only occur Monday through Friday. 8. (Amended) The applicant shall coordinate with other outside agencies including but not limited to California State University, San Bernardino, San Bernardino County Flood Control, San Bernardino County Fire. All required approvals, permits, and clearances shall be obtained from all outside agencies prior to recordation of the final map and prior to issuance of grading, building, and occupancy permits, as applicable, for the project. Examples include but are not limited to encroachment permits, access agreements or Memorandums of Understanding. 9. Development of the residential tracts will require the approval of a Development Permit Type- P prior to the issuance of building, grading, on-site, and off-site permits. Packet Page. 426 RESOLUTION NO. 2026-001 - PC 12 10. The applicant/property owner must sign and have notarized an affidavit acknowledging acceptance of the Conditions of Approval and return it to the Planning Division within thirty (30) days of the effective date of this approval. 11. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code, section 19.28.120 (Water Efficient Landscaping Standards). 12. Minor Modifications to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. 13. The project shall comply with all applicable requirements of the Building and Safety Division, San Bernardino Police Department, San Bernardino Municipal Water Department, Public Works Department, and the City Clerk’s Office/Business Registration Division. 14. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Flood Control, San Bernardino County Fire Department, and California Board of Equalization), as applicable. 15. The property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter or any other undesirable material(s). Vandalism, graffiti, trash, and other debris shall be removed and cleaned up within twenty- four (24) hours of being reported. 16. Signs are not approved as part of this permit. Prior to establishing any new signs, or to replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 17. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval printed on the plan sheets. 18. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to the commencement of work. 19. All new construction shall require permits prior to commencement. 20. (Added) Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall provide a copy of a recorded agreement between applicant/developer/property owner and California State University, San Bernardino for access into the University Hills project for limited, educational purposes. Packet Page. 427 RESOLUTION NO. 2026-001 - PC 13 21. (Added) Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall obtain easements or acquire all property necessary from the California State University, San Bernardino, San Bernardino County Flood Control, and any other property owner necessary to provide access to the site from an existing public right of way. 22. (Added) Prior to recordation of the Final Map or the issuance of building permits, whichever comes first, the applicant/developer/property owner shall enter into a Memorandum of Understanding (MOU), or any other agreement deemed appropriate by both parties, with California State University, San Bernardino to address a variety of issues that could include access rights and conditions, construction management and campus protection, fault and land laboratory access, lighting and observatory protection, agency review and approval, term and termination, and dispute resolution. A current draft of the MOU will be included for reference as part of the staff report. 23. All Conditions of Approval and standard requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. Building & Safety Division 24. The Building and Safety Division has no material objection to the present proposal that would prevent the project from proceeding in the entitlement process. Please note that our review is limited to project feasibility and was not reviewed for building code compliance or to establish project conditions of approval. 25. The subdivision will require geotechnical reports for each prepared by a qualified geotechnical engineer. Public Works Department – Engineering Division 26. Drainage and Flood Control a) All necessary drainage and flood control measures shall be subject to requirements of the Building Official, which may be based in part on the recommendations of the San Bernardino County Department of Transportation and Flood Control. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. b) A permit will be required from the San Bernardino County Department of Transportation and Flood Control, if any work is required within the Flood Control District's right-of-way. c) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right- of-way dedicated as necessary. d) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. Packet Page. 428 RESOLUTION NO. 2026-001 - PC 14 e) If site drainage is to be discharged into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. f) A Final Full-Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the County of San Bernardino’s Flood Control web page for the template and Technical Guidance Document. The Land Development Division, prior to issuance of any permit, shall approve the WQMP. A CD/USB copy of the approved WQMP and Hydrology Study shall be required prior to grading permit issuance. g) A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD/USB copy of the approved SWPPP shall be submitted to City prior to grading permit issuance. h) A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. i) The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 27. Grading and Landscaping a) The grading and on-site improvement plan shall be signed by a Registered Civil Engineer, and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the Building Official. b) If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. c) If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. d) One 4' x 11' PCC pad at least 4" thick shall be provided in the rear or side yard area of each lot for storage of recycling containers. The pad shall be screened from public view and a 3' wide concrete walkway shall be provided from the driveway to the pad. All gates along the access way shall have a minimum clear width of 3'-6". Packet Page. 429 RESOLUTION NO. 2026-001 - PC 15 e) A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. f) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’. Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted. g) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. h) No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner’s agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee. All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition. i) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. j) The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking. k) The public right-of-way, between the property line and top of curb (also known as “parkway”) along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project’s on-site landscape plan. 28. On-Site Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. Packet Page. 430 RESOLUTION NO. 2026-001 - PC 16 c) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. d) Utility services shall be placed underground and easements provided as required. e) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer. f) Sewers within private streets or private parking lots will be maintained by SBMWD but shall be designed and constructed to City Standards and inspected under a City On-Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 29. Mapping a) A Final Tract Map based upon field survey will be required. b) The applicant‘s surveyor/engineer shall submit a Final Tract Map with supporting documents for review and approval to Land Development. The Final Tract map shall be recorded prior to building permit issuance. 30. Off-Site Street Improvement and Dedications a) For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan (Chapter 6) and Municipal Code (19.20.030-18-A,19.30.290, 19.30.300), 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 shall be Right of Way(ft.) From Centerline Curb Widening shall be Curb Line(ft) From Centerline Campus Parkway PRIVATE (265-011-06, 265-011-07 265-011-08, 265-021-13 265-041-12, 265-051-09 265-051-12, 265-051-13 265-061-16) 0’ Existing 30’ – 60’ Dedication/Road Easement for a total ½ width of 30’ – 60’ Total “Secondary Arterial” 0’ Existing 32’ – 64’ Proposed w/o Median 34’ – 68’ w/median for a total ½ width of 32’ – 64’ or 34’ – 68’ Total Per General Plan Secondary Road Badger Canyon Road PRIVATE (265-011-06, 265-011-07 265-011-08, 265-021-13 265-041-12, 265-051-09 265-051-12, 265-051-13 265-061-16) 0’ Existing 22’ - 44’ Dedication/Road Easement for a total ½ width of 22’ – 44’ “Collector Street” No Parking 0’ Existing 20’ - 40’ Proposed for a total ½ width of 20’ – 40’ Per General Plan ”No Parking” Continuous Streets (Main Loop Streets) A and C (PRIVATE) (265-011-06, 265-011-07 0’ Existing 30’ Dedication for a total ½ width of 30’ 60’ Total 0’ Existing 22’ – 44’ Proposed for a total ½ width of 22’ – 44’ Per General Plan Packet Page. 431 RESOLUTION NO. 2026-001 - PC 17 Any changes from private roads shall require streets to follow City General Plan standards. b) Campus Parkway– TI = 7.5 : * - ** i. The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index, or The City’s has a minimum standard for new streets (4” AC over 8” Base) except truck usage (9”AC over 12” Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used. ii. For transitioning from new curb alignment to existing edge of pavement outside project limits the edge shall be a deepened or thickened. Use Caltrans Design Manual or A Policy on Geometric Design of Highways and Streets for taper requirements. iii. Both sides of Campus Parkway Street shall be paved as indicated above, As directed by the City Engineer. iv. When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications. v. The corner shall be a 35’ Radius including a compliant ADA ramp with By-Pass and Truncated Domes. City of San Bernardino - Street Improvement Policy. vi. Installation of a bridge shall be determined by the reports and as directed by the City Engineer. vii. Construct 8" Curb and Gutter per City Standard No. 200, type “B”, As directed by the City Engineer. City of San Bernardino - Street Improvement Policy. viii. Construct 6’ wide Cross Gutter with Apron per City Standard No 201 City of San Bernardino - Street Improvement Policy. 265-011-08, 265-021-13 265-041-12, 265-051-09 265-051-12, 265-051-13 265-061-16) “Continuous Street” (Main Loop Streets) Continuous Streets B, D, E, F, G, H, I, J, K, L, M, N, O, X, Y, Z PRIVATE (265-011-06, 265-011-07 265-011-08, 265-021-13 265-041-12, 265-051-09 265-051-12, 265-051-13 265-061-16) 0’ Existing 25’ – 50’ Dedication for a total ½ width of 25’ – 50’ Total “Continuous Street” (Neighborhood Local) Required 48” ADA By-pass 0’ Existing 18’ -36’ Proposed for a total ½ width of 18’ – 36’ Per General Plan Cul-De-Sac Streets G, I, M, L PRIVATE (265-011-06, 265-011-07 265-011-08, 265-021-13 265-041-12, 265-051-09 265-051-12, 265-051-13 265-061-16) 0’ Existing 25’ Dedication for a total ½ width of 25’ “Cul-De-Sac” Required 48” ADA By-pass 0’ Existing 18’ Proposed for a total ½ width of 18’ Per General Plan Packet Page. 432 RESOLUTION NO. 2026-001 - PC 18 ix. Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb), as directed by the City Engineer. MC12.92.050, MC19.30.170, Ord. MC-1027, 9- 09-98; Ord. MC-691, 12-19-89, City of San Bernardino - Street Improvement Policy. x. Construction of a median/fire lane on Campus Parkway shall be per City Standard 206. xi. Verify with planning about a Trial System, Include Horse Trail, Running Trail, connect to existing trials systems. xii. An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A, as directed by the City Engineer. Federal Highway – DIB82-04, City of San Bernardino - Street Improvement Policy. xiii. Install Dark Sky Solar LED Street Lights adjacent to the site in accordance with City Standards. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in the Offsite Improvement set in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. xiv. Install Storm Drain per County of San Bernardino’s CSDP (Comprehensive Storm Drain Plan), as directed by the City Engineer. xv. Install Class II Bike Lane per “Manual Uniform Traffic Control Devices - California”, as directed by the City Traffic Engineer, SBCTA (San Bernardino County Transportation Authority) Non-Motorized Transportation Plan rev. 2018. xvi. Install a city approved trash screen and filtration device in the catch basins, City of San Bernardino Phase I MS4 - Trash Provisions 13383 Order – 8-30-2017 by City Manager. xvii. Appropriate Permits from Fish and Game, Army Corp of Engineers, Regional Water, and any others shall be required if Badger Canyon and percolation Basins are determined to be a blue line stream. xviii. Appropriate Permits from County Flood Control, Municipal Water, Metro Water District and any others shall be required when adjacent, over, or under any of these Municipalities. xix. No Parking/Stopping will be allowed on Campus Parkway install signs per city standards. xx. 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. xxi. No Residential Driveway Access xxii. Install a Traffic barrier on the south side of Campus parkway in areas adjacent to the existing CSUSB facilities yard. Packet Page. 433 RESOLUTION NO. 2026-001 - PC 19 xxiii. If a gate is constructed on Campus parkway, it shall be placed east of the future Campus Circle connection to allow free flow of traffic from Campus Parkway to CSUSB. Badger Canyon Road Secondary Access Street – TI = 7.5 : * - ** xxiv. The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index, or The City’s has a minimum standard for new streets (4” AC over 8” Base) except truck usage (9”AC over 12” Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used. xxv. For transitioning from new curb alignment to existing edge of pavement outside project limits the edge shall be a deepened or thickened. Use Caltrans Design Manual or A Policy on Geometric Design of Highways and Streets for taper requirements. xxvi. Both sides of Little Mountain Drive, Secondary Access Road called Future Connection shall be paved as indicated above, As directed by the City Engineer. xxvii. Installation of a bridge shall be determined by the reports and as directed by the City Engineer. xxviii. When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications. xxix. The corner shall be a 35’ Radius including a compliant ADA ramp with By-Pass and Truncated Domes. City of San Bernardino - Street Improvement Policy. xxx. Construct 8" Curb and Gutter per City Standard No. 200, type “B”, as directed by the City Engineer. City of San Bernardino - Street Improvement Policy. xxxi. Construct 6’ wide Cross Gutter with Apron per City Standard No 201, as directed by the City Engineer. City of San Bernardino - Street Improvement Policy. xxxii. An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A, as directed by the City Engineer. Federal Highway – DIB82-04, City of San Bernardino - Street Improvement Policy. xxxiii. Install Solar LED Street Lights adjacent to the site in accordance with City Standards. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in the Offsite Improvement set in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. xxxiv. Install Storm Drain per County of San Bernardino’s CSDP (Comprehensive Storm Drain Plan), as directed by the City Engineer. xxxv. Install a city approved trash screen and filtration device in the catch basins, City of San Bernardino Phase I MS4 - Trash Provisions 13383 Order – 8-30-2017 by City Manager. xxxvi. Appropriate Permits from Fish and Game, Army Corp of Engineers, Regional Water, and any others shall be required if Devils Canyon Levy facility is determined to be a blue line stream. Packet Page. 434 RESOLUTION NO. 2026-001 - PC 20 xxxvii. Appropriate Permits from County Flood Control, Municipal Water, Metro Water District and any others shall be required when adjacent, over, or under any of these Municipalities. xxxviii. No Parking/Stopping will be allowed on Badger mountain Canyon Road Secondary Access Road called Future, install signs per city standards. xxxix. At least 28 feet of pavement shall be provided along streets adjacent to the subdivision, unless otherwise approved by the City Engineer. xl. Two Independent means of access 28’ wide paved and dedicated shall be provided to the project. Additional width may be required for drainage control and traffic safety. xli. 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. xlii. No Residential Driveway Access Continuous (Main Loops Streets)/Continuous Streets (Neighborhood Local Streets) – TI = 5.5 : * - ** xliii. The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index, or The City’s has a minimum standard for new streets (4” AC over 8” Base) except truck usage (9”AC over 12” Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used. xliv. When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications. xlv. The corner shall be a 35’ Radius including a compliant ADA ramp with By-Pass and Truncated Domes. City of San Bernardino - Street Improvement Policy. xlvi. Construct Residential Driveway Approach per City Standard No. 203, including an accessible by-pass around the top of the drive approach. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. On corner lots only one frontage may have a driveway. MC12.28.060, MC12-28-100, MC15.04.230, MC16.20.030, 19.24.060, MC19.30.200, Ord. MC-1027, 9-09-98; Ord. MC-460, 5-15-85; Ord. MC-320, 12-06-83; Ord. 3918, 2-25-80; Ord. 2519, 8-20-63; Ord. 1963, 11-18-52, Ord. MC-1531, 6-03-20, City of San Bernardino - Street Improvement Policy. xlvii. If public street, construct 8" Curb and Gutter per City Standard No. 200, type “B”. City of San Bernardino - Street Improvement Policy. If private street, 6” Curb and Gutter is allowed. xlviii. Construct 6’ wide Cross Gutter with Apron per City Standard No 201 City of San Bernardino - Street Improvement Policy. xlix. Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb), MC12.92.050, MC19.30.170, Ord. MC-1027, 9-09-98; Ord. MC-691, 12-19-89, City of San Bernardino - Street Improvement Policy. Packet Page. 435 RESOLUTION NO. 2026-001 - PC 21 l. Verify with planning about a Trial System, Include Horse Trail, Running Trail, connect to existing trials systems. li. An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. Federal Highway – DIB82-04, City of San Bernardino - Street Improvement Policy. lii. Install Solar LED Street Lights adjacent to the site in accordance with City Standards. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in the Offsite Improvement set in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Supply one (1) additional head for each solar head installed, As Directed by the City Traffic Engineer. liii. Install Storm Drain per County of San Bernardino’s CSDP (Comprehensive Storm Drain Plan), as directed by the City Engineer. liv. Install type II Bike Lane per “Manual Uniform Traffic Control Devices - California”, as directed by the City Traffic Engineer, SBCTA (San Bernardino County Transportation Authority) Non-Motorized Transportation Plan rev. 2018. lv. Install a city approved trash screen and filtration device in the catch basins, City of San Bernardino Phase I MS4 - Trash Provisions 13383 Order – 8-30-2017 by City Manager. lvi. Appropriate Permits from County Flood Control, Municipal Water, Metro Water District and any others shall be required when adjacent, over, or under any of these Municipalities. lvii. 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. lviii. Driveway Access from one frontage only lix. B Street shall post signs to allow parking on one side of the street only for fire safety reason. Cul-De-Sac Streets – TI = 4.5 : * - ** lx. The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index, or The City’s has a minimum standard for new streets (4” AC over 8” Base) except truck usage (9”AC over 12” Base); However, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used. lxi. When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications. lxii. The corner shall be a 35’ Radius including a compliant ADA ramp with By-Pass and Truncated Domes. City of San Bernardino - Street Improvement Policy. Packet Page. 436 RESOLUTION NO. 2026-001 - PC 22 lxiii. Construct “Cul-De-Sac” Per City Standard No. 101, or by the approval of the City Engineer. lxiv. Construct Residential Driveway Approach per City Standard No. 203, including an accessible by-pass around the top of the drive approach. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. On corner lots only one frontage may have a driveway. MC12.28.060, MC12-28-100, MC15.04.230, MC16.20.030, 19.24.060, MC19.30.200, Ord. MC-1027, 9-09-98; Ord. MC-460, 5-15-85; Ord. MC-320, 12-06-83; Ord. 3918, 2-25-80; Ord. 2519, 8-20-63; Ord. 1963, 11-18-52, Ord. MC-1531, 6-03-20, City of San Bernardino - Street Improvement Policy. lxv. If public street, construct 8" Curb and Gutter per City Standard No. 200, type “B”. City of San Bernardino - Street Improvement Policy. If private street, construct 6” Curb and Gutter is allowed. lxvi. Construct 6’ wide Cross Gutter with Apron per City Standard No 201 City of San Bernardino - Street Improvement Policy. lxvii. Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb), MC12.92.050, MC19.30.170, Ord. MC-1027, 9-09-98; Ord. MC-691, 12-19-89, City of San Bernardino - Street Improvement Policy. lxviii. Verify with planning about a Trial System, Include Horse Trail, Running Trail, connect to existing trials systems. lxix. An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. Federal Highway – DIB82-04, City of San Bernardino - Street Improvement Policy. lxx. Install Solar LED Street Lights adjacent to the site in accordance with City Standards. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in the Offsite Improvement set in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Supply one (1) additional head for each solar head installed, As Directed by the City Traffic Engineer. lxxi. Install Storm Drain per County of San Bernardino’s CSDP (Comprehensive Storm Drain Plan), as directed by the City Engineer. lxxii. Install a city approved trash screen and filtration device in the catch basins, City of San Bernardino Phase I MS4 - Trash Provisions 13383 Order – 8-30-2017 by City Manager. lxxiii. 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. lxxiv. Driveway Access from one frontage only Packet Page. 437 RESOLUTION NO. 2026-001 - PC 23 * 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. ** If 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). c) With Submittal of improvement plans including but not limited to grading plans, Street improvement plans, storm drain and retention/detention basin plans, and erosion/sediment control plans, The Applicant shall cause to be formed, or shall be annexed into an existing, Community Facilities District(s) (CFD) (2019-1 Maintenance if Public & 2018-1 Safety) for landscaping, lighting, streets, drainage facilities, street sweeping, graffiti removal, or other infrastructure, and safety as required by the City to the satisfaction of the City Engineer. If Public, The Applicant shall initiate the maintenance and benefit assessment district(s) formation, or annexation, by submitting a landowner petition and consent form (provided by the City) and deposited necessary fees concurrent with the application for street and grading plan review and approval; and said maintenance and benefit assessment district(s) shall be established concurrent with the approval of the final map in the case of the subdivision of land, or prior issuance of any certificate of occupancy where there is no subdivision of land, and as approved by the City Engineer. Reso 2018-264, Reso 2019-178. d) If a drainage report is required by Land Development, 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. e) City approved trash screens and filtration devices shall be installed in all catch basins or manhole connections. City of San Bernardino Phase I MS4 - Trash Provisions 13383 Order – 8-30-2017 by City Manager. f) 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. g) Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. h) The applicant must post a performance bond (Insurance, Deposit) prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. MC12.03.110, Ord. MC-1027, 9-09-98; Ord. MC-1004, 10-21-97. i) The above conditions shall comply with current codes, policies, and standards at time of construction. j) No Direct Connections to City’s underground Storm Drain Systems or Catch Basins. Packet Page. 438 RESOLUTION NO. 2026-001 - PC 24 k) Prior to Certificate of Occupancy or Completion of Project all As-builts and Centerline Ties shall be submitted to Public Works. l) Release of “Offsite Bond” requires an application and fees paid along with As -Builts signed by the Contractor and Inspector on a signed approved set of plans issued with permits, Centerline ties for all locations disturbed or created, and an electronic set of as-builts plans. 31. Required Engineering Plans a) A complete submittal for plan checking shall consist of (MC19.30.170, City of San Bernardino Public Works - Improvement Policies): ▪ street improvement plans (include general notes, engineering conditions, city standards, and cross sections in these plans), ▪ if storm drain plans are required then public storm drains must be included on separate sheets with profiles in the street improvement plans, private storm drains shall be shown separate sheets with profiles in the on-site improvement plans, ▪ if traffic signal modifications are required, then traffic signal plans shall be submitted on separate plan sheets included in the street improvement plans, ▪ if signing and striping are required, then the signing and striping plan shall be on separate sheets included in the street improvement plans, ▪ if lighting is required (more than 2) then the lighting for offsite plans shall be on separate sheets included in the street improvement plans, if two (2) or less then they can be included directly on the street improvement sheets, ▪ If there are public common areas, 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) All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block (city standard block) satisfactory to the City Engineer or his designee can be found on the City Web Site http://www.sbcity.org/city_hall/public_works/engineering_division/engineering_deve lopment_resources Engineering conditions of the project shall be inserted in the last pages of the plans. c) After completion of plan checking, final mylar drawings with city standard block, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. Packet Page. 439 RESOLUTION NO. 2026-001 - PC 25 d) 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. e) Copies of the City’s 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/city_hall/public_works/engineering_division/design_policy_an d_procedure_documents . 32. Traffic Requirements a) In general, as applicable, all roadway design, traffic signing and striping, traffic signal, street lighting, sidewalks and traffic control improvements relating to the proposed project should be constructed in accordance with applicable engineering standards and to the satisfaction of the City of San Bernardino Traffic Engineering Division. b) In conjunction with standard City of San Bernardino development review procedures, on‐site traffic signing, and striping plans should be prepared in accordance with applicable State and Federal standards. c) The final grading, landscaping, and street improvement plans should demonstrate that sight distance standards are met in accordance with applicable City of San Bernardino /California Department of Transportation sight distance standards. d) Payment of applicable of local and regional development impact fees shall be paid to the City of San Bernardino. e) The developer will submit engineered plans for the improvements for University Parkway at Northpark Boulevard: Add a second northbound left-turn lane. f) Prior to submission of the offsite improvement plans, the developer will prepare a Traffic signal warrant analysis study for the intersection of Campus Parkway and Devils Canyon Road. Public Works Department – Integrated Waste Division 33. Integrated Solid 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) Project Description: Amend the development plan for the University Hills Specific Plan c) Burrtec Waste review: Construct a 437-unit small lot residential subdivision with a minimum parcel size of 2,750 square feet. The Site Plan dated 8/19/22, presents a preliminary design for a subdivision. Lots front a series of looped streets and cul-de-sacs. No dimensions are provided. Burrtec comments are as follows: 1. Please provide dimensions for all streets and cul-de-sacs. In order to safely provide residential cart service, all streets must have a paved section of at least 30 feet. 2. All cul-de-sacs must meet City of San Bernardino standards for cul-de-sac radii. 3. Residential collection services require a minimum of ten feet of curb frontage in order to stage the three carts for trash, mixed recyclables, and residential organics. Packet Page. 440 RESOLUTION NO. 2026-001 - PC 26 4. Carts shall not be staged in driveways or in front of garages. Carts cannot be staged in front of parked carts on the street. 5. In the event that cart service cannot be provided due to a lack of available curb face for cart staging, the locations of trash enclosures shall be provided on the Site Plan. Enclosures must be within 150 feet of any residential unit. Any changes to the overall project design, enclosure specifications or location, or access may adversely impact Burrtec's ability to service the project. Any design modifications that could impact Burrtec's service will be subject to review and approval 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 our 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. End of Burrtec comments. d) Each single-family residential unit requires approximately 10 feet of clear space on the street along the curb adjacent to the driveway, for placement of the residential carts for trash, mixed recyclables, and residential organics on collection day, with a minimum 2- foot setback and 23-foot vertical clearance of all obstructions such as walls, trees, streetlight poles, mailboxes, fences, and raised landscaping. e) Each single-family residential unit requires a minimum 4’x11’concrete pad located out of view of the public right-of-way for the storage of residential carts. If visible from the public right-of-way, the storage area shall be screened. f) A minimum 10.5-foot space on the street along the curb adjacent to the driveway of each unit shall be clear for placement of the units’ residential carts on collection day, with a minimum 2-foot setback and 23-foot vertical clearance of all obstructions such as walls, trees, street light poles, mailboxes, fences, and raised landscaping. g) Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways, 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) 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. i) If gated, access shall be provided by means of a key, code, or remote. Packet Page. 441 RESOLUTION NO. 2026-001 - PC 27 j) Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. k) 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. 34. Required Engineering Permits a) Grading and On-site improvements permit (LD). b) WQMP/Hydrology (THR). c) Lot Merger (LM). d) Off-site improvement construction permit. (E). e) Traffic Control and Right-of-Way permit (ROW). f) CFD/Street Dedication permit (RP). 35. Applicable Engineering Fees a) 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. The amount of t he fee is subject to adjustment at time of issuance. b) The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org or http://www.ci.san- bernardino.ca.us/cityhall/publicworks/engineering_division/engineering_fee_schedul e.asp 36. Water Department-Engineering a) If there are any street improvements associated with the project then it is the developer/s and/or engineer/s responsibility to submit a copy of the street improvements plans to SBMWD’S engineering section for review. b) -Water and sewer main extensions with easements may be required. c) -Water and sewer main extensions required per rule and regulation no. 20. d) -Development of new pressure zone required to meet water demand. e) R.P.P. Backflow Device Required at Service Connection for Domestic Service. f) Double Check Backflow Device Required at Service Connection for Fire and Irrigation. g) Backflow Device to be Inspected before Water Service can be Activated. h) Sewer capacity fee must be 0 gallons a day paid to the Water Department. i) Subject to Recalculation of Fee prior to the Issuance of Building Permit. 37. Water Department Environmental Control a) No comments until the development of the residential units. Packet Page. 442 RESOLUTION NO. 2026-001 - PC 28 San Bernardino County Fire Department Consolidated Conditions of Approval 38. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein “Fire Department”. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable statutes, codes, ordinances, and standards of the Fire Department. 39. The FMZ report as included in University Hills Specific Plan dated May 2024 has been approved as submitted. A copy of this approved report shall be kept onsite in the HOA Office to reference FMZ areas for future yearly inspections. Building permits shall not be issued for this project until all fuel modifications are completed by contractor and inspected by the San Bernardino County Fire Protection District, Office of the Fire Marshal. 40. The required fire fees shall be paid to the San Bernardino County Fire Department/Community Safety Division. 41. Prior to combustibles being placed on the project site an approved all-weather fire apparatus access surface and operable fire hydrants with acceptable fire flow shall be installed. The topcoat of asphalt does not have to be installed until final inspection and occupancy. 42. Building plans shall be submitted to the Fire Department for review and approval. 43. The development shall have a minimum of three points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. b. Multi-Story Road Access Width. Fire apparatus access roadways serving buildings that are three (3) or more stories or thirty (30) feet or more in height shall be a minimum of thirty (30) feet in unobstructed width and vertically to fourteen (14) feet six (6) inches in height. One of the access points shall be an EVA located on the north west corner of the tract as shown on approved TTM. 44. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Road surface shall meet the approval of the Fire Chief prior to installatio n. All roads shall be designed to 85% compaction and/or paving and hold the weight of Fire apparatus at a minimum of 80K pounds. 45. Turnaround. An approved turnaround shall be provided at the end of each roadway one hundred and fifty (150) feet or more in length. Cul-de-sac length shall not exceed six hundred (600) feet; all roadways shall not exceed a 12% grade and have a minimum of forty-five (45) foot radius for all turns. In the Fire Safety Overlay District areas, there are additional requirements. Packet Page. 443 RESOLUTION NO. 2026-001 - PC 29 46. Prior to building permits being issued to any new structure, the primary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance and turnouts. 47. Prior to building permits being issued to any new structure, the secondary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance and turnouts. 48. A water system approved by the Fire Department is required. The system shall be operational prior to any combustibles being stored on the site. Detached single family residential developments may increase the spacing between hydrants to be no more than six hundred (600) feet and no more than three hundred (300) feet (as measured along vehicular travel-ways) from the driveway on the address side of the proposed single-family structure. 49. Please provide a fire flow test report from your water purveyor that has been completed in the last six months demonstrating that the fire flow demand is satisfied. 50. Prior to any land disturbance, the water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using California Fire Code. The Fire Flow for this project shall be: 2250 GPM for a two-hour duration at 20 psi residual operating pressure. Fire Flow is based on a 6700 sqrft. structure. 51. A water system approved by the Fire Department is required. The system shall be operational prior to any combustibles being stored on the site. Detached single family residential developments may increase the spacing between hydrants to be no more than six hundred (600) feet and no more than three hundred (300) feet (as measured along vehicular travel-ways) from the driveway on the address side of the proposed single-family structure. 52. Combustible vegetation shall be removed as follows: a. Where the average slope of the site is less than 15% -Combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less. b. Where the average slope of the site is 15% or greater - Combustible vegetation shall be removed a minimum one hundred (100) feet from all structures or to the property line, whichever is less. 53. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. The "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan. 54. This project is required to have an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street corner to the project. Installation of the temporary sign shall be prior any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed. 55. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road. Packet Page. 444 RESOLUTION NO. 2026-001 - PC 30 56. An automatic fire sprinkler system complying with NFPA Pamphlet #13, and the Fire Department standards is required. The applicant shall hire a Fire Department approved fire sprinkler contractor. The fire sprinkler contractor shall submit plans to the with hydraulic calculation and manufacturers specification sheets to the Fire Department for approval and approval. The contractor shall submit plans showing type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal. 57. The street address shall be installed on the building with numbers that are a minimum of four (4) inches in height and with a one half (½) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source. Numbers shall contrast with their background and be legible from the street. Where the building is one hundred (100) feet or more from the roadway, the street address shall be displayed at the property entrances with numbers that are a minimum of four (4) inches in height and one half (½) inch stroke. 58. Where an automatic electric security gate is used, an approved Fire Department override switch (Knox ®) is required. 59. An approved spark arrestor is required. Every chimney that is used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel are used, shall have an approved spark arrestor visible from the ground that is maintained in conformance with the California Fire Code. 60. Permission to occupy or use the building (certificate of Occupancy or shell release) will not be granted until the Fire Department inspects, approves, and signs off on the Building and Safety job card for “fire final”. 61. Fire Condition Letters shall expire on the date determined by the Planning Division or Building and Safety. 62. The County General Plan designates this property as being within the Fire Safety Review Area. All construction shall adhere to all applicable standards and requirements of the Fire Safety Review Area as adopted in the San Bernardino County Development Code. 63. A Fuel Modification Zone (FMZ) plan designed specifically for the subject project is required and shall be designed by a consultant approved by the Fire Department. The FMZ plan shall be submitted to the Fire Department for review and approval in compliance with County standards. 64. The applicant shall construct and maintain all such roads. In addition, the applicant shall provide to the Fire Department a signed maintenance agreement as detailed in the General Requirement conditions for ongoing road maintenance and snow removal (where applicable). This shall include all primary and secondary access routes that are not otherwise maintained by a public agency. 65. Where the natural grade between the access road and building is more than thirty percent (30%), an access road shall be provided within one hundred and fifty (150) feet of all buildings. Packet Page. 445 RESOLUTION NO. 2026-001 - PC 31 Where such access cannot be provided, a fire protection system shall be installed. Plans shall be submitted to and approved by the Fire Department. 66. Fire access roadways shall not exceed a maximum of twelve (12%) percent grade at any point. Fire access roadways or driveways may be increased to fourteen (14%) percent grade for a distance not to exceed five hundred (500) feet. Fire access roadways providing access to no more than two (2) one or two-family dwellings may be increased to a maximum of sixteen (16%) percent grade not to exceed five hundred (500) feet. Grades across the width of a fire access roadway shall not exceed five (5%) percent. In order to accommodate proper angles of approach and departure, gradient shall not exceed five (5%) percent change along any ten (10) foot section. 67. Roadways exceeding one hundred fifty (150) feet in length shall be approved by the Fire Department. Roadways shall be extended to within one hundred fifty (150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building. 68. Each residential structure shall obtain a Residential Fire Letter form the County of San Bernardino County Fire protection District prior to any construction. 69. Any changes to the proposal shall require new Fire Department review and Condition Letter. SECTION 5. PLANNING COMMISSION ACTION: The Planning Commission hereby takes the following action: 1. Adoption of Planning Commission Resolution No. 2026-001 - PC forwarding a recommendation that the Mayor and City Council: a. Consider the Addendum to the certified Final Subsequent Environmental Impact Report (SCH #2007071155) for Specific Plan Amendment 23-01 and Subdivision 23- 05, in accordance with Section 15164(a) of the Public Resources Code, and direct the Planning Commission Secretary to prepare and file with the Clerk of the County of San Bernardino a Notice of Determination as provided under Public Resources Code, Section 21152(c) and California Code of Regulations, Title 14, Section 15094; and b. Approve Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595) based on the Findings of Fact and subject to the recommended Conditions of Approval. SECTION 7. 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. Packet Page. 446 RESOLUTION NO. 2026-001 - PC 32 SECTION 8. CUSTODIAN OF RECORDS: The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Planning Commission based its decision, is as follows: Telicia Lopez, City Clerk, 201 North E Street (Building A), 909-998-2680. PASSED, APPROVED AND ADOPTED this 13th day of January 2026. Lisa Sherrick, Chairperson San Bernardino Planning Commission ATTEST: Gabriel Elliott, Planning Commission Secretary City of San Bernardino, California Packet Page. 447 RESOLUTION NO. 2026-001 - PC 33 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. 2026-001 - PC, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 13th day of January 2026, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Alyssa Blancas, Recording Secretary City of San Bernardino, California Packet Page. 448 RESOLUTION NO. 2026-001 - PC 34 EXHIBIT A PROJECT PLANS Packet Page. 449 RESOLUTION NO. 2026-001 - PC 35 EXHIBIT B MITIGATION MONITORING AND REPORTING SYSTEM Packet Page. 450 RESOLUTION NO. 2026-001 - PC 36 EXHIBIT C DRAFT MEMORANDUM OF UNDERSTANDING Packet Page. 451 RESOLUTION NO. 2026-001 - PC 33 EXHIBIT A 352-(&7 PLANS Packet Page. 452 7 1 TI T L E S H E E T TT M 2 0 5 9 5 UN I V E R S I T Y H I L L S SH E E T L I S T T A B L E T E N T A T I V E T R A C T M A P N O . 2 0 5 9 5 F O R UN I V E R S I T Y H I L L S CI T Y O F S A N B E R N A R D I N O OF F I C I A L U S E O N L Y LE G E N D : AB B R E V I A T I O N S : RA W G R A D I N G : Packet Page. 453 7 2 BO U N D A R Y & L E G A L TT M 2 0 5 9 5 UN I V E R S I T Y H I L L S Packet Page. 454 7 3 LO T L A Y O U T & G R A D I N G T T M 2 0 5 9 5 UN I V E R S I T Y H I L L S LE G E N D PR O P O S E D A C P A V E M E N T NO T E SE E S H E E T 4 SEE SHEET 5 NE I G H B O R H O O D L O C A L ST R E E T S B , D , E , F , G , H , I , J , K , L , M , N , O , X , Y , A N D Z SE C O N D A R Y C O L L E C T O R ST R E E T S A & C PR I M A R Y C O L L E C T O R CA M P U S P A R K W A Y Packet Page. 455 7 4 LO T L A Y O U T & G R A D I N G T T M 2 0 5 9 5 UN I V E R S I T Y H I L L S LE G E N D PR O P O S E D A C P A V E M E N T SE E S H E E T 3 SEE SH E E T 5 NO T E SEE SH E E T 7 SE E S H E E T 7 Packet Page. 456 7 5 LO T L A Y O U T & G R A D I N G T T M 2 0 5 9 5 UN I V E R S I T Y H I L L S SEE SHEET 3 LE G E N D PR O P O S E D A C P A V E M E N T NO T E SE E B O T T O M R I G H T SE E T O P L E F T SEE SHEET 4 Packet Page. 457 7 6 AC C E S S R O A D S T T M 2 0 5 9 5 UN I V E R S I T Y H I L L S LE G E N D PR O P O S E D A C P A V E M E N T NO T E ST A 4 5 + 5 0 ± T O S T A 5 3 + 0 0 ± ST A 1 0 + 0 0 . 0 0 T O S T A 4 5 + 5 0 ± BA D G E R C A N Y O N A C C E S S R O A D BA D G E R C A N Y O N A C C E S S R O A D SEE SHEET 7SEE SHEET 7 Packet Page. 458 7 7 AC C E S S R O A D S T T M 2 0 5 9 5 UN I V E R S I T Y H I L L S LE G E N D PR O P O S E D A C P A V E M E N T NO T E SEE SHEET 6 SEE SHEET 6 Packet Page. 459 RESOLUTION NO. 2026-001 - PC 34 EXHIBIT B 0,7,*$7,21021,725,1*$1' 5(3257,1*6<67(0 Packet Page. 460 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 1 Oc t o b e r 2 0 2 5 MI T I G A T I O N M O N I T O R I N G AN D R E P O R T I N G P R O G R A M Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s Ai r Q u a l i t y a n d G r e e n h o u s e G a s E m i s s i o n s MM A I R - 1 a : P r i o r t o c o n s t r u c t i o n o f t h e p r o p o s e d i m p r o v e m e n t s , th e p r o j e c t p r o p o n e n t w i l l p r o v i d e a F u g i t i v e D u s t C o n t r o l P l a n ( F D C P ) t h a t w i l l de s c r i b e t h e a p p l i c a t i o n o f s t a n d a r d b e s t m a n a g e m e n t p r a c t i c e s t o co n t r o l d u s t d u r i n g c o n s t r u c t i o n . B e s t m a n a g e m e n t p r a c t i c e s w i l l in c l u d e : Ap p l i c a t i o n o f w a t e r o n d i s t u r b e d s o i l s a m i n i m u m o f t w o t i m e s pe r d a y . Us i n g t r a c k - o u t p r e v e n t i o n d e v i c e s a t c o n s t r u c t i o n s i t e a c c e s s po i n t s . St a b i l i z i n g c o n s t r u c t i o n a r e a e x i t p o i n t s . Li m i t i n g o n s i t e c o n s t r u c t i o n t r a f f i c t o 1 5 m i l e s p e r h o u r o n un p a v e d r o a d s . Li m i t i n g o n s i t e c o n s t r u c t i o n t r a f f i c t o 2 5 m i l e s p e r h o u r o n p a v e d ro a d s . Pa v i n g o r p r o v i d i n g a h a r d s u r f a c e f o r o n s i t e r o a d s t o r e d u c e fu g i t i v e d u s t . Co v e r i n g d i r t h a u l v e h i c l e s ; a n d Re p l a n t i n g d i s t u r b e d a r e a s a s s o o n a s p r a c t i c a l a n d o t h e r me a s u r e s , a s d e e m e d a p p r o p r i a t e t o t h e s i t e , t o c o n t r o l f u g i t i v e du s t . Th e F u g i t i v e D u s t C o n t r o l P l a n s h a l l b e s u b m i t t e d t o t h e C i t y f o r re v i e w a n d a p p r o v a l p r i o r t o g r a d i n g . Pr i o r t o Co n s t r u c t i o n a n d Gr a d i n g A c t i v i t i e s Pr o v i d e a F u g i t i v e D u s t Co n t r o l P l a n Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM A I R - 1 b : P r i o r t o c o n s t r u c t i o n o f t h e p r o p o s e d i m p r o v e m e n t s , a Co n s t r u c t i o n T r a f f i c C o n t r o l P l a n ( C T C P ) w i l l b e r e v i e w e d a n d ap p r o v e d b y t h e C i t y . C T C P w i l l d e s c r i b e i n d e t a i l s a f e d e t o u r s a r o u n d th e p r o j e c t c o n s t r u c t i o n s i t e a n d p r o v i d e t e m p o r a r y t r a f f i c c o n t r o l (i . e . , f l a g p e r s o n ) d u r i n g c o n s t r u c t i o n - r e l a t e d t r u c k h a u l i n g a c t i v i t i e s . Pr i o r t o Co n s t r u c t i o n Ac t i v i t i e s Pr o v i d e C o n s t r u c t i o n Tr a f f i c C o n t r o l P l a n (C T C P ) Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t Packet Page. 461 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 2 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s MM A I R - 1 c : D u r i n g c o n s t r u c t i o n o f t h e p r o p o s e d i m p r o v e m e n t s , co n s t r u c t i o n e q u i p m e n t s h a l l b e p r o p e r l y m a i n t a i n e d a t a n o f f s i t e lo c a t i o n , i n c l u d i n g p r o p e r t u n i n g a n d t i m i n g o f e n g i n e s . E q u i p m e n t ma i n t e n a n c e r e c o r d s a n d e q u i p m e n t d e s i g n s p e c i f i c a t i o n d a t a sh e e t s s h a l l b e k e p t o n - s i t e d u r i n g c o n s t r u c t i o n . Du r i n g Co n s t r u c t i o n a n d Gr a d i n g A c t i v i t i e s Co n s t r u c t i o n Eq u i p m e n t t o o c c u r a t an o f f s i t e l o c a t i o n . Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM A I R - 1 d : D u r i n g c o n s t r u c t i o n o f t h e p r o p o s e d i m p r o v e m e n t s , a l l co n t r a c t o r s w i l l b e a d v i s e d n o t t o i d l e c o n s t r u c t i o n e q u i p m e n t o n t h e si t e f o r m o r e t h a n f i v e m i n u t e s . Du r i n g Co n s t r u c t i o n a n d Gr a d i n g A c t i v i t i e s Co n s t r u c t i o n eq u i p m e n t t o n o t i d l e fo r l o n g e r t h a n f i v e mi n u t e s . Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM A I R - 1 e : D u r i n g c o n s t r u c t i o n o f t h e p r o p o s e d i m p r o v e m e n t s , on s i t e e l e c t r i c a l h o o k u p s s h a l l b e p r o v i d e d f o r e l e c t r i c c o n s t r u c t i o n to o l s i n c l u d i n g s a w s , d r i l l s a n d c o m p r e s s o r s , t o e l i m i n a t e t h e n e e d fo r d i e s e l p o w e r e d e l e c t r i c g e n e r a t o r s . Du r i n g Co n s t r u c t i o n Ac t i v i t i e s Pr o v i d e E l e c t r i c a l H o o k up s Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM A I R - 1 f : O n s i t e g r a d i n g e q u i p m e n t w i l l c o m p l y w i t h o n e o r m o r e of t h e f o l l o w i n g : Us e o f o n s i t e g r a d i n g a n d c o n s t r u c t i o n e q u i p m e n t e q u i p p e d wi t h o x i d i z e d d i e s e l c a t a l y s t a n d f u e l e d w i t h a q u e o u s d i e s e l f u e l du r i n g g r a d i n g a n d c o n s t r u c t i o n o p e r a t i o n s w i t h a r e d u c e d eq u i p m e n t f l e e t o r h o u r s o f o p e r a t i o n t o t a l i n g a m a x i m u m o f 17 , 0 0 0 h o r s e p o w e r h o u r s p e r d a y . Us e o f o n s i t e g r a d i n g a n d c o n s t r u c t i o n e q u i p m e n t e q u i p p e d wi t h o x i d i z e d d i e s e l c a t a l y s t w i t h a r e d u c e d e q u i p m e n t f l e e t o r ho u r s o f o p e r a t i o n t o t a l i n g a m a x i m u m o f 1 4 , 0 0 0 h o r s e p o w e r ho u r s p e r d a y . Us e o f o n s i t e g r a d i n g a n d c o n s t r u c t i o n e q u i p m e n t f u e l e d w i t h aq u e o u s d i e s e l f u e l d u r i n g g r a d i n g a n d c o n s t r u c t i o n o p e r a t i o n s Du r i n g G r a d i n g Ac t i v i t i e s On s i t e G r a d i n g Eq u i p m e n t t o C o m p l y wi t h G r a d i n g Eq u i p m e n t s t a n d a r d s Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t Packet Page. 462 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 3 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s wi t h a r e d u c e d e q u i p m e n t f l e e t o r h o u r s o f o p e r a t i o n t o t a l i n g a ma x i m u m o f 1 3 , 0 0 0 h o r s e p o w e r h o u r s p e r d a y ; a n d Re d u c e t h e g r a d i n g a n d c o n s t r u c t i o n e q u i p m e n t f l e e t o r h o u r s of o p e r a t i o n t o a m a x i m u m t o t a l o f 1 0 , 0 0 0 h o r s e p o w e r h o u r s pe r d a y . MM A I R - 1 g : I m p l e m e n t a t i o n o f t h e S h o r t - T e r m A i r Q u a l i t y Mi t i g a t i o n M e a s u r e s s h a l l b e d o c u m e n t e d i n a n A i r Q u a l i t y Mi t i g a t i o n I m p l e m e n t a t i o n P l a n . T h i s p l a n w i l l d e t a i l e a c h m i t i g a t i o n me a s u r e a n d i n c l u d e d a i l y l o g s d o c u m e n t i n g i m p l e m e n t a t i o n o f e a c h mi t i g a t i o n m e a s u r e . D a i l y l o g s f o r e a c h p i e c e o f c o n s t r u c t i o n eq u i p m e n t w i l l i n c l u d e t h e h o u r s p e r d a y t h e e q u i p m e n t r a n . A ma s t e r d a i l y l o g w i l l d o c u m e n t t h e h o u r s o f o p e r a t i o n a l l e q u i p m e n t ra n e a c h d a y . T h e m a s t e r d a i l y l o g w i l l a l s o d o c u m e n t t i m i n g a n d tu n i n g o f e q u i p m e n t , t h e t y p e o f f u e l u s e d o n c o n s t r u c t i o n eq u i p m e n t , a n d a n y a d d - o n e m i s s i o n s r e d u c t i o n e q u i p m e n t u s e d su c h a s o x i d i z e d d i e s e l c a t a l y s t s . Du r i n g Co n s t r u c t i o n Ac t i v i t i e s Do c u m e n t t h e H o u r s o f Op e r a t i o n o f A l l Eq u i p m e n t R a n E a c h Da y Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM A I R - 3 a : T h e p r o j e c t p r o p o n e n t s h a l l i n s t a l l b i c y c l e r a c k s a t t h e cl u b h o u s e , M D A a n d A ( a t t a c h e d ) h o u s i n g a r e a s ( P l a n n i n g A r e a s 6 , 8- 1 1 , 1 3 , 1 4 , 1 6 , 1 8 , a n d 2 0 ) , a n d a l l p a r k s i t e s t o e n c o u r a g e n o n - ve h i c u l a r t r i p s w i t h i n t h e p r o j e c t . Du r i n g Co n s t r u c t i o n Ac t i v i t i e s In s t a l l B i c y c l e R a c k s a t Ho u s i n g A r e a s a n d P a r Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM A I R - 3 b : T h e p r o j e c t d e s i g n s h a l l i n c l u d e s i g n s p o s t e d i n v i s i b l e pl a c e s i n a n y t r u c k p a r k i n g a r e a s t h a t s t a t e , “ N o I d l i n g . ” Du r i n g Co n s t r u c t i o n a n d Op e r a t i o n a l Ac t i v i t i e s In s t a l l S i g n s O n V i s i b l e Pl a c e s i n A n y T r u c k Pa r k i n g A r e a s t h a t St a t e , “ N o I d l i n g . ” Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM A I R - 9 a : A r e a s a n d / o r f a c i l i t i e s t o e n c o u r a g e r e c y c l i n g s h a l l b e pr o v i d e d a n d i n s t a l l e d i n a l l M D A a n d A ( a t t a c h e d ) r e s i d e n t i a l a r e a s co n s i s t e n t w i t h C i t y r e q u i r e m e n t s . Du r i n g O p e r a t i o n a l Ac t i v i t i e s En c o u r a g e R e c y c l i n g C i t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Packet Page. 463 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 4 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s Ho u s i n g De p a r t m e n t MM A I R - 9 b : T o i n c r e a s e e n e r g y e f f i c i e n c y , t h e f o l l o w i n g m e a s u r e s sh a l l b e i m p l e m e n t e d t o t h e s a t i s f a c t i o n o f t h e C i t y o f S a n Be r n a r d i n o : a ) t h e r e s h a l l b e a m i n i m u m 1 0 p e r c e n t r e d u c t i o n i n a l l bu i l d i n g s , c o m b i n e d s p a c e h e a t i n g , c o o l i n g , a n d w a t e r h e a t i n g en e r g y c o m p a r e d t o t h e c u r r e n t T i t l e 2 4 S t a n d a r d s ; b ) t h e p r o j e c t sh a l l i n c o r p o r a t e l i g h t r o o f c o l o r s a n d c o o l p a v e m e n t s i n t h e re s i d e n t i a l d r i v e w a y a r e a s ; c ) e a c h a p p l i a n c e ( i . e . , w a s h e r / d r y e r s , re f r i g e r a t o r s , s t o v e s , e t c . ) p r o v i d e d b y t h e b u i l d e r m u s t b e E n e r g y St a r q u a l i f i e d i f a n E n e r g y S t a r d e s i g n a t i o n i s a p p l i c a b l e f o r t h a t ap p l i a n c e ; d ) l o w - f l o w a p p l i a n c e s ( i . e . , t o i l e t s , d i s h w a s h e r s , s h o w e r he a d s , w a s h i n g m a c h i n e s ) s h a l l b e i n s t a l l e d a n d ; e ) s o l a r p o w e r e d wa t e r h e a t e r s a n d p h o t o v o l t a i c c e l l s ( s o l a r p a n e l s ) s h a l l b e o f f e r e d to h o m e b u y e r s a s a n o p t i o n c o n s t r u c t e d i n a c c o r d a n c e w i t h T i t l e 2 4 pe r f o r m a n c e s t a n d a r d s . Du r i n g O p e r a t i o n a l Ac t i v i t i e s En c o u r a g e E n e r g y Sa v i n g Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t Bi o l o g i c a l R e s o u r c e s MM B I O - 1 a : P l u m m e r ’ s M a r i p o s a L i l y . D u r i n g t h e s p r i n g p r i o r t o gr a d i n g , t h e d e v e l o p e r s h a l l r e t a i n a q u a l i f i e d b i o l o g i s t t o c o n d u c t a fo c u s e d s u r v e y o f t h e p r o p o s e d d e v e l o p m e n t a r e a s t o d e t e r m i n e i f th i s s p e c i e s i s p r e s e n t o n s i t e . T h e s u r v e y s h a l l b e c o n d u c t e d ac c o r d i n g t o t h e s t a n d a r d p r o t o c o l e s t a b l i s h e d b y C D F G C D F W . I f t h e sp e c i e s i s p r e s e n t , t h e d e v e l o p e r s h a l l f u n d r e l o c a t i o n o f t h e p l a n t s to a s u i t a b l e l o c a t i o n w i t h i n t h e p e r m a n e n t o p e n s p a c e a r e a . Pr i o r t o P r o j e c t - Re l a t e d Di s t u r b a n c e o f So i l s ( 1 4 d a y s ) Pr i o r t o G r a d i n g Ac t i v i t i e s , P r e p a r e a Fo c u s e d S u r v e y Qu a l i f i e d Bi o l o g i s t MM B I O - 1 b : B u r r o w i n g O w l . W i t h i n 3 0 d a y s o f g r a d i n g o r a n y g r o u n d di s t u r b a n c e a c t i v i t i e s o n t h e p r o j e c t s i t e , a q u a l i f i e d b i o l o g i s t s h a l l co n d u c t a f o c u s e d s u r v e y t o d e t e r m i n e i f B u r r o w i n g o w l s a r e p r e s e n t on s i t e . T h e s u r v e y s h a l l b e c o n d u c t e d a c c o r d i n g t o t h e S t a n d a r d pr o t o c o l e s t a b l i s h e d b y C D F G C D F W . I f b u r r o w i n g o w l s a r e de t e r m i n e d t o b e p r e s e n t o n t h e s i t e , m i t i g a t i o n s h a l l f o l l o w t h e CD F G C D F W g u i d e l i n e s i n c l u d i n g p a s s i v e r e l o c a t i o n . th e d e v e l o p e r sh a l l c o o r d i n a t e w i t h t h e C i t y a n d C D F W t o d e v e l o p a B u r r o w i n g O w l Pl a n , a s d e s c r i b e d b e l o w , t o b e a p p r o v e d b y t h e C i t y a n d C D F W p r i o r to c o m m e n c i n g p r o j e c t a c t i v i t i e s . A d d i t i o n a l l y , t h e d e v e l o p e r m a y b e Pr i o r t o P r o j e c t - Re l a t e d Di s t u r b a n c e o f So i l s ( w i t h i n 3 0 da y s o f g r a d i n g ) Pr i o r t o G r a d i n g Ac t i v i t i e s , C o n d u c t a Fo c u s e d S u r v e y Qu a l i f i e d Bi o l o g i s t Packet Page. 464 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 5 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s re q u i r e d t o o b t a i n a S e c t i o n 2 0 8 1 i n c i d e n t a l T a k e P e r m i t , i f i m p a c t s to B u r r o w i n g O w l c a n n o t b e a v o i d e d . T h e d e v e l o p e r s h a l l i m p l e m e n t th e 2 0 8 1 I n c i d e n t a l T a k e P e r m i t i f r e q u i r e d . I f a p p l i c a b l e , t h e Bu r r o w i n g O w l P l a n s h a l l d e s c r i b e p r o p o s e d a v o i d a n c e , r e l o c a t i o n , mo n i t o r i n g , m i n i m i z a t i o n , a n d / o r m i t i g a t i o n a c t i o n s . T h e B u r r o w i n g Ow l P l a n s h a l l i n c l u d e t h e n u m b e r a n d l o c a t i o n o f o c c u p i e d b u r r o w si t e s a n d d e t a i l s o n p r o p o s e d b u f f e r s i f a v o i d i n g t h e b u r r o w i n g o w l s or i n f o r m a t i o n o n t h e a d j a c e n t o r n e a r b y s u i t a b l e h a b i t a t a v a i l a b l e ne a r b y f o r r e l o c a t i o n , d e t a i l s r e g a r d i n g t h e c r e a t i o n a n d f u n d i n g o f ar t i f i c i a l b u r r o w s ( n u m b e r s , l o c a t i o n , a n d t y p e o f b u r r o w s ) a n d ma n a g e m e n t a c t i v i t i e s f o r r e l o c a t e d o w l s s h a l l a l s o b e i n c l u d e d i n th e B u r r o w i n g O w l P l a n . T h e C i t y s h a l l i m p l e m e n t t h e B u r r o w i n g O w l Pl a n f o l l o w i n g C D F W r e v i e w a n d a p p r o v a l . I f v e g e t a t i o n r e m o v a l o r gr o u n d d i s t u r b a n c e b e g i n s w i t h i n 3 0 d a y s o f t h e f o c u s e d s u r v e y , n o pr e - c o n s t r u c t i o n s u r v e y w o u l d b e r e q u i r e d . I f v e g e t a t i o n r e m o v a l o r gr o u n d d i s t u r b a n c e a c t i v i t i e s b e g i n a f t e r 3 0 d a y s o f t h e f o c u s e d su r v e y , a s u b s e q u e n t p r e - c o n s t r u c t i o n s u r v e y w o u l d b e r e q u i r e d . MM B I O - 1 c : N e s t i n g B i r d s . I f t r e e s o r l a r g e s h r u b s ( o v e r 4 f e e t i n he i g h t ) w i l l b e r e m o v e d d u r i n g t h e n e s t i n g s e a s o n ( F e b r u a r y 1 th r o u g h A u g u s t 3 1 ) , a q u a l i f i e d b i o l o g i s t s h a l l c o n d u c t a n e s t i n g b i r d su r v e y n o m o r e t h a n 3 0 d a y s p r i o r t o a n y d i s t u r b a n c e t o i d e n t i f y a n y po t e n t i a l n e s t i n g a c t i v i t y . I f p a s s e r i n e b i r d s a r e f o u n d t o b e n e s t i n g , or t h e r e i s e v i d e n c e o f n e s t i n g b e h a v i o r w i t h i n 2 5 0 f e e t o f t h e i m p a c t ar e a , t h e b i o l o g i s t s h a l l d e t e r m i n e a n a p p r o p r i a t e b u f f e r t h a t s h a l l be r e q u i r e d a r o u n d t h e n e s t s . N o v e g e t a t i o n r e m o v a l o r g r o u n d di s t u r b a n c e w o u l d o c c u r w i t h i n t h i s b u f f e r . F o r r a p t o r s p e c i e s – b i r d s of p r e y ( e . g . , h a w k s a n d o w l s ) – t h i s b u f f e r w o u l d g e n e r a l l y b e 5 0 0 fe e t . A q u a l i f i e d b i o l o g i s t s h a l l m o n i t o r t h e n e s t s c l o s e l y u n t i l i t i s de t e r m i n e d t h a t t h e n e s t s a r e n o l o n g e r a c t i v e , a t w h i c h t i m e co n s t r u c t i o n a c t i v i t i e s m a y c o m m e n c e w i t h i n t h e b u f f e r a r e a . Co n s t r u c t i o n a c t i v i t y m a y e n c r o a c h i n t o t h e b u f f e r a r e a a t t h e di s c r e t i o n o f t h e b i o l o g i c a l m o n i t o r . Pr i o r t o P r o j e c t - Re l a t e d Di s t u r b a n c e o f So i l s Ne s t i n g B i r d S u r v e y Q u a l i f i e d Bi o l o g i s t Packet Page. 465 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 6 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s MM B I O - 3 a : J u r i s d i c t i o n a l L a n d . P r i o r t o g r a d i n g , t h e d e v e l o p e r s h a l l ob t a i n a C l e a n W a t e r A c t S e c t i o n 4 0 4 P e r m i t f r o m U S A C E , a C l e a n Wa t e r A c t S e c t i o n 4 0 1 C e r t i f i c a t i o n f r o m t h e R W Q C B ( S a n t a A n a Re g i o n ) , a n d a S t r e a m b e d A l t e r a t i o n A g r e e m e n t f r o m C D F G C D F W i f ju r i s d i c t i o n a l l a n d w i l l b e i m p a c t e d . O f f s i t e m i t i g a t i o n , i f n e c e s s a r y , sh a l l b e p r o v i d e d a t a m i n i m u m 1 : 1 r a t i o d e p e n d i n g o n l o c a t i o n a n d im p o r t a n c e o f t h e j u r i s d i c t i o n a l l a n d r e m o v e d . I f t h e p r o j e c t p r o v i d e s on s i t e m i t i g a t i o n e q u a l o r i n e x c e s s o f i t s i d e n t i f i e d i m p a c t ( i . e . , re m o v a l o f j u r i s d i c t i o n a l l a n d ) , n o p e r m i t s m a y b e n e c e s s a r y . I f t h e r e ar e i m p a c t s t h e r e w i l l b e a p e r m i t n e e d e d r e g a r d l e s s o f m i t i g a t i o n ty p e , t h i s d e t e r m i n a t i o n s h a l l b e m a d e b y q u a l i f i e d b i o l o g i s t s i n co n s u l t a t i o n w i t h C i t y P l a n n i n g , U S A C E , R W Q C B , a n d C D F G C D F W st a f f b a s e d o n t h e f i n a l l a n d p l a n a n d v a l u e a s s i g n e d t o t h e p r o p o s e d bi o - s w a l e s a n d o t h e r d r a i n a g e i m p r o v e m e n t s o n s i t e . To f u r t h e r p r o t e c t a n d o f f s e t r e m o v a l o f s u i t a b l e h a b i t a t t h r o u g h t h e pr e s e r v a t i o n o f o p e n s p a c e a n d p r e s e r v e w a t e r q u a l i t y t h r o u g h t h e im p l e m e n t a t i o n o f s t a n d a r d B e s t M a n a g e m e n t P r a c t i c e s ( B M P s ) : Cl e a r l y d e l i n e a t i n g t h e l i m i t s o f d i s t u r b a n c e . Av o i d i n g i m p a c t s i n p r e s e r v e d o p e n s p a c e a r e a . Pr e s e r v i n g o f o p e n s p a c e t h r o u g h a d e e d r e s t r i c t i o n . Us i n g p r o p e r l y m a i n t a i n e d e q u i p m e n t a n d s t o r i n g e q u i p m e n t ou t s i d e o f j u r i s d i c t i o n a l w a t e r s . Pr o p e r l y i m p l e m e n t i n g a n d m o n i t o r i n g w a t e r q u a l i t y B M P s . Av o i d i n g u s e o f c h e m i c a l s n e a r s e n s i t i v e a r e a s . Mi n i m i z i n g i m p a c t s t o s e n s i t i v e b i o l o g i c a l r e s o u r c e s o n s i t e in c l u d i n g s e n s i t i v e p l a n t c o m m u n i t i e s , j u r i s d i c t i o n a l w a t e r s , a n d se n s i t i v e w i l d l i f e s p e c i e s t h r o u g h t h e u s e o f a b i o l o g i c a l m o n i t o r du r i n g v e g e t a t i o n r e m o v a l . Im p l e m e n t i n g a w o r k e r e d u c a t i o n p r o g r a m t h r o u g h a p r e - co n s t r u c t i o n m e e t i n g w i t h a b i o l o g i s t , w h i c h w i l l i n c l u d e de v e l o p i n g p r o c e d u r e s f o r m i n i m i z i n g t h e l i k e l i h o o d o f s p i l l s , en s u r i n g w o r k e r s a f e t y , e d u c a t i o n r e g a r d i n g n e s t i n g b i r d s a n d se n s i t i v e s p e c i e s , s u r v e y i n g f o r s e n s i t i v e s p e c i e s p r i o r t o co n s t r u c t i o n , a n d o b t a i n i n g a n y n e c e s s a r y p e r m i t s p r i o r t o Pr i o r t o G r a d i n g Ac t i v i t i e s Ob t a i n S e c t i o n 4 0 4 Pe r m i t , S e c t i o n 4 0 1 Ce r t i f i c a t i o n , a n d St r e a m b e d A l t e r a t i o n Ag r e e m e n t Qu a l i f i e d Bi o l o g i s t a n d Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t Packet Page. 466 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 7 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s in i t i a t i o n o f c o n s t r u c t i o n , i n c l u d i n g t h o s e l i s t e d i n t h i s mi t i g a t i o n , S t a t e E S A p e r m i t s , a n d / o r F e d e r a l E S A p e r m i t s . Cr o t c h ’ s b u m b l e b e e ( Bo m b u s c r o t c h i i ) i s l i s t e d a s a c a n d i d a t e sp e c i e s u n d e r t h e C a l i f o r n i a E n d a n g e r e d S p e c i e s A c t . A c c o r d i n g to C D F W , t h e P r o j e c t s i t e i s w i t h i n t h e g e o g r a p h i c r a n g e f o r Cr o t c h ’ s b u m b l e b e e . A d d i t i o n a l l y , t h e S t r e a m b e d A l t e r a t i o n Ag r e e m e n t w o u l d r e q u i r e a v o i d a n c e , m i n i m i z a t i o n a n d / o r mi t i g a t i o n m e a s u r e s t o p r o t e c t f i s h a n d w i l d l i f e a n d t h e i r ha b i t a t . T h e r e f o r e , t o m i n i m i z e i m p a c t s t o C r o t c h ’ s b u m b l e b e e fr o m t h e P r o j e c t , a q u a l i f i e d b i o l o g i s t s h a l l c o n d u c t f o c u s e d su r v e y s w i t h i n o n e y e a r p r i o r t o v e g e t a t i o n r e m o v a l a n d / o r gr a d i n g f o r t h e p r e s e n c e / a b s e n c e o f C r o t c h ’ s b u m b l e b e e . Su r v e y s s h a l l b e c o n d u c t e d d u r i n g f l y i n g s e a s o n w h e n s p e c i e s i s mo s t l i k e l y t o b e d e t e c t e d a b o v e g r o u n d , b e t w e e n M a r c h 1 t o Se p t e m b e r 1 , b y a n a p p r o v e d q u a l i f i e d b i o l o g i s t , f a m i l i a r w i t h Cr o t c h ’ s b u m b l e b e e b e h a v i o r a n d l i v e h i s t o r y . S u r v e y s s h a l l b e co n d u c t e d w i t h i n t h e P r o j e c t s i t e a n d a r e a s a d j a c e n t t o t h e Pr o j e c t s i t e w h e r e s u i t a b l e h a b i t a t e x i s t s . S u r v e y r e s u l t s in c l u d i n g n e g a t i v e f i n d i n g s s h a l l b e s u b m i t t e d t o C D F W 3 0 d a y s pr i o r t o P r o j e c t - r e l a t e d v e g e t a t i o n r e m o v a l a n d / o r g r o u n d - di s t u r b i n g a c t i v i t i e s . I f t h e s p e c i e s i s i d e n t i f i e d o n s i t e , a n d i f “t a k e ” w o u l d o c c u r , t h e d e v e l o p e r s h a l l a p p l y f o r a n i n c i d e n t a l ta k e p e r m i t a n d o b t a i n “ t a k e ” c o v e r a g e p r i o r t o t h e i n i t i a t i o n o f Pr o j e c t a c t i v i t i e s . Cu l t u r a l R e s o u r c e s MM C U L - 2 : T h e d e v e l o p e r s h a l l r e t a i n a q u a l i f i e d a r c h a e o l o g i s t w i t h at l e a s t 3 y e a r s o f r e g i o n a l e x p e r i e n c e i n a r c h a e o l o g y t o m o n i t o r a l l gr o u n d - d i s t u r b i n g a c t i v i t i e s t h a t o c c u r w i t h i n t h e p r o p o s e d p r o j e c t ar e a ( w h i c h i n c l u d e s , b u t i s n o t l i m i t e d t o , t r e e / s h r u b r e m o v a l a n d pl a n t i n g , c l e a r i n g / g r u b b i n g , g r a d i n g , e x c a v a t i o n , t r e n c h i n g , co m p a c t i o n , f e n c e / g a t e r e m o v a l a n d i n s t a l l a t i o n , d r a i n a g e a n d ir r i g a t i o n r e m o v a l a n d i n s t a l l a t i o n , h a r d s c a p e i n s t a l l a t i o n [ b e n c h e s , si g n a g e , b o u l d e r s , w a l l s , s e a t w a l l s , f o u n t a i n s , e t c . ] , a n d ar c h a e o l o g i c a l w o r k ) , g r a d i n g t o t h e s a t i s f a c t i o n o f t h e s t a f f o f t h e Co u n t y M u s e u m , a n d C i t y D e v e l o p m e n t & H o u s i n g D e p a r t m e n t , a n d Pr i o r t o G r o u n d Di s t u r b i n g Ac t i v i t i e s Di r e c t O b s e r v a t i o n s , Si t e I n s p e c t i o n s Qu a l i f i e d Ar c h a e o l o g i s t Packet Page. 467 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 8 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s th e c o n s u l t i n g t r i b e s , i n c l u d i n g Y u h a a v i a t a m o f S a n M a n u e l N a t i o n Cu l t u r a l R e s o u r c e s M a n a g e m e n t D e p a r t m e n t ( Y S M N , a l s o k n o w n a s Sa n M a n u e l B a n d o f M i s s i o n I n d i a n s ) . A s u f f i c i e n t n u m b e r o f ar c h a e o l o g i c a l m o n i t o r s s h a l l b e p r e s e n t e a c h w o r k d a y t o e n s u r e th a t s i m u l t a n e o u s l y o c c u r r i n g g r o u n d d i s t u r b i n g a c t i v i t i e s r e c e i v e th o r o u g h l e v e l s o f m o n i t o r i n g c o v e r a g e . MM C U L - 3 : I f p o t e n t i a l l y s i g n i f i c a n t a r c h a e o l o g i c a l o r h i s t o r i c re s o u r c e s a r e e n c o u n t e r e d d u r i n g s u b s u r f a c e a c t i v i t i e s , a l l co n s t r u c t i o n w i t h i n a 6 0 1 0 0 - f o o t r a d i u s o f t h e f i n d s h a l l c e a s e u n t i l th e m o n i t o r d e t e r m i n e s w h e t h e r t h e r e s o u r c e r e q u i r e s f u r t h e r st u d y . T h e d e v e l o p e r s h a l l i n c l u d e a s t a n d a r d i n a d v e r t e n t d i s c o v e r y cl a u s e i n e v e r y c o n s t r u c t i o n c o n t r a c t t o i n f o r m c o n t r a c t o r s o f t h i s re q u i r e m e n t . A n y p r e v i o u s l y u n d i s c o v e r e d r e s o u r c e s f o u n d d u r i n g co n s t r u c t i o n s h a l l b e r e c o r d e d o n a p p r o p r i a t e D P R f o r m s a n d ev a l u a t e d f o r s i g n i f i c a n c e i n t e r m s o f C E Q A c r i t e r i a b y a q u a l i f i e d Se c r e t a r y o f t h e I n t e r i o r ( S O I ) A r c h a e o l o g i s t . P o t e n t i a l l y s i g n i f i c a n t cu l t u r a l r e s o u r c e s c o n s i s t o f , b u t a r e n o t l i m i t e d t o , g l a s s , c e r a m i c s , st o n e , b o n e , w o o d , r o c k a n d s h e l l a r t i f a c t s o r f e a t u r e s , i n c l u d i n g he a r t h s , s t r u c t u r a l r e m a i n s , o r p r e - h i s t o r i c d u m p s i t e s . I f t h e re s o u r c e i s d e t e r m i n e d t o b e s i g n i f i c a n t u n d e r C E Q A , a q u a l i f i e d S O I Ar c h a e o l o g i s t s h a l l p r e p a r e a n d i m p l e m e n t a r e s e a r c h d e s i g n a n d ar c h a e o l o g i c a l d a t a r e c o v e r y p l a n , i f n e c e s s a r y . T h e a r c h a e o l o g i s t sh a l l a l s o p e r f o r m a p p r o p r i a t e t e c h n i c a l a n a l y s e s , p r e p a r e a f u l l wr i t t e n r e p o r t a n d f i l e i t w i t h t h e a p p r o p r i a t e i n f o r m a t i o n c e n t e r , an d p r o v i d e f o r p e r m a n e n t c u r a t i o n o f t h e r e c o v e r e d r e s o u r c e s . Du r i n g G r o u n d Di s t u r b i n g Ac t i v i t i e s Si t e M o n i t o r i n g Q u a l i f i e d S O I Ar c h a e o l o g i s t MM C U L - 4 : P r i o r t o t h e s t a r t o f e x c a v a t i o n , a q u a l i f i e d pa l e o n t o l o g i c a l m o n i t o r w i l l b e r e t a i n e d t o c o n d u c t a n o n s i t e mo n i t o r i n g p r o g r a m t o e n s u r e p r o t e c t i o n o f p r e v i o u s l y u n k n o w n pa l e o n t o l o g i c a l s p e c i m e n s . I n t h e e v e n t a f o s s i l i s d i s c o v e r e d d u r i n g co n s t r u c t i o n o f t h e P r o j e c t w h e n t h e p a l e o n t o l o g i c a l m o n i t o r i s n o t pr e s e n t , e x c a v a t i o n w i t h i n 1 0 0 f e e t o f t h e f i n d s h a l l b e t e m p o r a r i l y ha l t e d u n t i l t h e d i s c o v e r y i s e x a m i n e d b y a q u a l i f i e d p a l e o n t o l o g i s t , in a c c o r d a n c e w i t h S o c i e t y o f V e r t e b r a t e P a l e o n t o l o g y s t a n d a r d s . Th e d e v e l o p e r s h a l l i n c l u d e a s t a n d a r d i n a d v e r t e n t d i s c o v e r y c l a u s e in e v e r y c o n s t r u c t i o n c o n t r a c t t o i n f o r m c o n t r a c t o r s o f t h i s Pr i o r t o Gr a d i n g / E x c a v a t i o n Ac t i v i t i e s Si t e M o n i t o r i n g Q u a l i f i e d Pa l e o n t o l o g i c a l Mo n i t o r Packet Page. 468 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 9 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s re q u i r e m e n t . T h e p a l e o n t o l o g i s t s h a l l n o t i f y t h e C i t y o f t h e pr o c e d u r e s t h a t m u s t b e f o l l o w e d b e f o r e c o n s t r u c t i o n i s a l l o w e d t o re s u m e a t t h e l o c a t i o n o f t h e f i n d . I f t h e f i n d i s d e t e r m i n e d t o b e si g n i f i c a n t a n d t h e P a l e o n t o l o g i s t d e t e r m i n e s t h a t a v o i d a n c e i s n o t fe a s i b l e , t h e p a l e o n t o l o g i s t s h a l l d e s i g n a n d c a r r y o u t a d a t a r e c o v e r y pl a n c o n s i s t e n t w i t h t h e S o c i e t y o f V e r t e b r a t e P a l e o n t o l o g y st a n d a r d s . T h e p l a n s h a l l b e s u b m i t t e d t o t h e C i t y f o r r e v i e w a n d ap p r o v a l . U p o n a p p r o v a l , t h e p l a n s h a l l b e i n c o r p o r a t e d i n t o t h e pr o j e c t . T h e P a l e o n t o l o g i s t s h a l l a l s o p e r f o r m a p p r o p r i a t e t e c h n i c a l an a l y s e s , p r e p a r e a f u l l w r i t t e n r e p o r t a n d f i l e i t w i t h t h e a p p r o p r i a t e in f o r m a t i o n c e n t e r , a n d p r o v i d e f o r p e r m a n e n t c u r a t i o n o f a n y re c o v e r e d r e s o u r c e s . MM C U L - 5 : I f h u m a n r e m a i n s a r e e n c o u n t e r e d d u r i n g e a r t h - di s t u r b i n g a c t i v i t i e s f o r t h e P r o j e c t , a l l w o r k w i t h i n 1 0 0 f e e t o f t h e fi n d s h a l l s t o p i m m e d i a t e l y , a n E n v i r o n m e n t a l l y S e n s i t i v e A r e a ( E S A ) ph y s i c a l d e m a r c a t i o n / b a r r i e r c o n s t r u c t e d , a n d t h e S a n B e r n a r d i n o Co u n t y C o r o n e r ’ s o f f i c e s h a l l b e n o t i f i e d . I f t h e C o r o n e r d e t e r m i n e s th e r e m a i n s a r e N a t i v e A m e r i c a n i n o r i g i n , t h e N A H C w i l l b e n o t i f i e d an d , i n t u r n , w i l l n o t i f y t h e p e r s o n d e t e r m i n e d t o b e t h e M o s t L i k e l y De s c e n d e n t ( M L D ) . T h e M L D w i l l p r o v i d e r e c o m m e n d a t i o n s f o r tr e a t m e n t o f t h e r e m a i n s ( C E Q A G u i d e l i n e s § 1 5 0 6 4 . 5 ; H e a l t h a n d Sa f e t y C o d e § 7 0 5 0 . 5 ; P u b l i c R e s o u r c e s C o d e § § 5 0 9 7 . 9 4 a n d 50 9 7 . 9 8 ) . On g o i n g Th r o u g h o u t Co n s t r u c t i o n Ac t i v i t i e s Si t e M o n i t o r i n g Q u a l i f i e d Ar c h a e o l o g i s t Ge o l o g y a n d S o i l s MM G E O - 1 b : P r i o r t o t h e r e c o r d a t i o n o f a n y t r a c t m a p i n t h e a r e a no r t h o f t h e S o u t h B r a n c h o f t h e S a n A n d r e a s F a u l t ( P l a n n i n g A r e a 1 5 ) , th e d e v e l o p e r m u s t d e m o n s t r a t e t h a t t h e R e s e r v o i r i n P l a n n i n g A r e a 2 w i l l h a v e n o i m p a c t o n a n y h o m e s i n P l a n n i n g A r e a 1 f r o m a s e i c h e ev e n t t h a t c o u l d o c c u r f r o m s t r o n g s e i s m i c g r o u n d s h a k i n g . T h e Re s e r v o i r m u s t b e d e s i g n e d t o w i t h s t a n d a n t i c i p a t e d s e i s m i c s h a k i n g an d m u s t b e d y k e d o r o t h e r w i s e p r o t e c t e d s o a s t o p r o t e c t do w n s t r e a m h o m e s f r o m s e i c h e f l o w d a m a g e . Pr i o r t o t h e re c o r d a t i o n o f a n y ma p i n t h e a r e a no r t h o f t h e S o u t h Br a n c h o f t h e S a n An d r e a s F a u l t . Di r e c t O b s e r v a t i o n s , Si t e I n s p e c t i o n s Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM G E O - 3 a : P r i o r t o t h e c o m m e n c e m e n t o f g r a d i n g a c t i v i t i e s , t h e ap p l i c a n t s h a l l r e t a i n a q u a l i f i e d g e o t e c h n i c a l c o n s u l t a n t t o t e s t a n y Pr i o r t o G r a d i n g Ac t i v i t i e s Di r e c t O b s e r v a t i o n s , Si t e I n s p e c t i o n s Ci t y o f S a n Be r n a r d i n o Packet Page. 469 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 1 0 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s ar e a s p l a n n e d f o r d e v e l o p m e n t t h a t a r e u n d e r l a i n b y e x i s t i n g im p o r t e d f i l l s o i l s t o d e t e r m i n e t h e i r i n - s i t u c o m p a c t i o n a n d su i t a b i l i t y f o r e x c a v a t i o n a n d r e u s e a s e n g i n e e r e d f i l l . S o i l t e s t i n g c a n be a v o i d e d i f t h e a p p l i c a n t e l e c t s t o r e m o v e t h e f i l l a n d p l a c e i t e i t h e r in a r e a s w h e r e i t w i l l n o t s u p p o r t b u i l d i n g s , b e l o c a t e d i n p a v e d o r la n d s c a p e d a r e a s , o r b e d i s p o s e d o f o f f s i t e . T h i s m e a s u r e s h a l l b e im p l e m e n t e d t o t h e s a t i s f a c t i o n o f t h e C i t y G e o l o g i s t . Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM G E O - 3 b : T h e d e v e l o p e r s h a l l i m p l e m e n t t h e g r a d i n g re c o m m e n d a t i o n s i d e n t i f i e d i n t h e 2 0 2 1 L e i g h t o n R e p o r t G e o M a t 20 0 7 a n d t h e C H J 2 0 0 6 r e p o r t s . P r i o r t o t h e c o m m e n c e m e n t o f bu i l d i n g c o n s t r u c t i o n , t h e a p p l i c a n t s h a l l r e t a i n a q u a l i f i e d e n g i n e e r to d e s i g n f o u n d a t i o n s a d e q u a t e t o s u p p o r t t h e P r o j e c t ’ s s t r u c t u r e s wh e r e n e c e s s a r y , b a s e d o n t h e r e c o m m e n d a t i o n s o f t h e 2 0 2 1 Le i g h t o n R e p o r t G e o M a t 2 0 0 7 s t u d y . S e t t l e m e n t a n a l y s i s s h a l l b e pe r f o r m e d o n c e t h e s t r u c t u r a l d e s i g n l o a d s a n d f o u n d a t i o n s y s t e m ge o m e t r y h a v e b e e n d e f i e d f o r e a c h b u i l d i n g . Pr i o r t o I s s u a n c e o f Bu i l d i n g P e r m i t Di r e c t O b s e r v a t i o n o f Gr a d i n g a n d Fo u n d a t i o n D e s i g n s Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t Ha z a r d s a n d H a z a r d o u s M a t e r i a l s MM H A Z - 1 : P r i o r t o i s s u a n c e o f o c c u p a n c y p e r m i t s , t h e d e v e l o p e r sh a l l p r e p a r e a P o s t - F i r e / F l o o d R e c o v e r y P l a n f o r r e v i e w a n d ap p r o v a l b y t h e C i t y . A s a p p r o p r i a t e , t h i s p l a n s h a l l i n c o r p o r a t e pl a n n i n g g u i d e l i n e s f r o m t h e A l l u v i a l F a n T a s k F o r c e ( A F T F ) es t a b l i s h e d b y t h e C a l i f o r n i a D e p a r t m e n t o f W a t e r R e s o u r c e s ( D W R ) . Th e p l a n w i l l i d e n t i f y t h e p o t e n t i a l r i s k s t o P r o j e c t r e s i d e n t s f r o m va r i o u s n a t u r a l h a z a r d s f r o m b e i n g l o c a t e d i n t h e f i r e - p r o n e f o o t h i l l s an d a d j a c e n t t o a l a r g e n a t u r a l w a t e r w a y ( B a d g e r C r e e k ) . T h e p l a n wi l l o u t l i n e m e a s u r e s t o b e i m p l e m e n t e d a f t e r m a j o r f i r e s o r f l o o d s th a t w i l l h e l p p r o t e c t f u t u r e p r o j e c t r e s i d e n t s t o t h e p r a c t i c a l d e g r e e . Wh e n a p p r o v e d , t h i s p l a n s h a l l b e i n c o r p o r a t e d i n t o t h e S p e c i f i c Pl a n . Pr i o r t o I s s u a n c e o f Oc c u p a n c y P e r m i t s Di r e c t O b s e r v a t i o n o f Po s t - F i r e / F l o o d Re c o v e r y P l a n . Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t Hy d r o l o g y a n d W a t e r Q u a l i t y MM H Y D - 1 a : P r i o r t o t h e i s s u a n c e o f g r a d i n g p e r m i t s f o r a n y p o r t i o n or p h a s e o f t h e p r o j e c t , t h e p r o j e c t a p p l i c a n t s h a l l r e c e i v e C i t y ap p r o v a l S W P P P a n d G r a d i n g P l a n t o t h e C i t y o f S a n B e r n a r d i n o t h a t id e n t i f y s p e c i f i c a c t i o n s a n d B M P s t o p r e v e n t s t o r m w a t e r p o l l u t i o n Pr i o r t o I s s u a n c e o f Gr a d i n g P e r m i t s Di r e c t O b s e r v a t i o n s an d R e v i e w o f S W P P P an d G r a d i n g P l a n Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Packet Page. 470 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 1 1 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s fr o m c o n s t r u c t i o n s o u r c e s . T h e s e B M P s s h a l l b e c o n s i s t e n t w i t h t h e Co n c e p t u a l W a t e r Q u a l i t y M a n a g e m e n t P l a n p r e p a r e d f o r t h e pr o j e c t b y P B S & J E n g i n e e r s ( s e e D E I R A p p e n d i x G ) Q 3 C o n s u l t i n g . T h e pl a n s s h a l l i d e n t i f y a p r a c t i c a l s e q u e n c e f o r s i t e r e s t o r a t i o n , B M P im p l e m e n t a t i o n , c o n t i n g e n c y m e a s u r e s , r e s p o n s i b l e p a r t i e s , a n d ag e n c y c o n t a c t s . T h e a p p l i c a n t s h a l l i n c l u d e c o n d i t i o n s i n co n s t r u c t i o n c o n t r a c t s r e q u i r i n g t h e p l a n s t o b e i m p l e m e n t e d a n d sh a l l h a v e t h e a b i l i t y t o e n f o r c e t h e r e q u i r e m e n t t h r o u g h f i n e s a n d ot h e r p e n a l t i e s . T h e p l a n s s h a l l i n c o r p o r a t e c o n t r o l m e a s u r e s i n t h e fo l l o w i n g c a t e g o r i e s : So i l s t a b i l i z a t i o n p r a c t i c e s . De w a t e r i n g p r a c t i c e s ( i f n e c e s s a r y ) . Se d i m e n t a n d r u n o f f c o n t r o l p r a c t i c e s . Mo n i t o r i n g p r o t o c o l s ; a n d Wa s t e m a n a g e m e n t a n d d i s p o s a l c o n t r o l p r a c t i c e s . On c e a p p r o v e d b y t h e C i t y , t h e a p p l i c a n t ’ s c o n t r a c t o r s h a l l b e re s p o n s i b l e t h r o u g h o u t t h e d u r a t i o n o f t h e p r o j e c t f o r i n s t a l l i n g , co n s t r u c t i n g , i n s p e c t i n g , a n d m a i n t a i n i n g t h e c o n t r o l m e a s u r e s in c l u d e d i n t h e S W P P P a n d G r a d i n g P l a n . Ho u s i n g De p a r t m e n t MM H Y D - 1 b : E a c h S W P P P s h a l l i d e n t i f y p o l l u t a n t s o u r c e s t h a t c o u l d af f e c t t h e q u a l i t y o f s t o r m w a t e r d i s c h a r g e s f r o m t h e c o n s t r u c t i o n si t e . C o n t r o l p r a c t i c e s s h a l l i n c l u d e t h o s e t h a t e f f e c t i v e l y t r e a t t a r g e t po l l u t a n t s i n s t o r m w a t e r d i s c h a r g e s a n t i c i p a t e d f r o m p r o j e c t co n s t r u c t i o n s i t e s . T o p r o t e c t r e c e i v i n g w a t e r q u a l i t y , t h e S W P P P sh a l l i n c l u d e , b u t i s n o t l i m i t e d t o , t h e f o l l o w i n g e l e m e n t s : Te m p o r a r y e r o s i o n c o n t r o l m e a s u r e s ( s u c h a s f i b e r r o l l s , s t a k e d st r a w b a l e s , d e t e n t i o n b a s i n s , t e m p o r a r y i n l e t p r o t e c t i o n , c h e c k da m s , g e o f a b r i c , s a n d b a g d i k e s , a n d t e m p o r a r y r e v e g e t a t i o n o r ot h e r g r o u n d c o v e r ) s h a l l b e e m p l o y e d f o r d i s t u r b e d a r e a s . No d i s t u r b e d s u r f a c e s w i l l b e l e f t w i t h o u t e r o s i o n c o n t r o l me a s u r e s i n p l a c e d u r i n g t h e w i n t e r a n d s p r i n g m o n t h s (S e p t e m b e r 3 0 – M a r c h 3 0 ) . Se d i m e n t s h a l l b e r e t a i n e d o n s i t e b y a s y s t e m o f s e d i m e n t ba s i n s , t r a p s , o r o t h e r a p p r o p r i a t e m e a s u r e s . O f c r i t i c a l Pr i o r t o I s s u a n c e o f Gr a d i n g P e r m i t s Di r e c t O b s e r v a t i o n s an d R e v i e w o f S W P P P Po l l u t a n t S o u r c e s Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t Packet Page. 471 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 1 2 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s im p o r t a n c e i s t h e p r o t e c t i o n o f e x i s t i n g c a t c h b a s i n s t h a t ev e n t u a l l y d r a i n t o C a j o n C r e e k . Th e c o n s t r u c t i o n c o n t r a c t o r s h a l l p r e p a r e S t a n d a r d O p e r a t i n g Pr o c e d u r e s f o r t h e h a n d l i n g o f h a z a r d o u s m a t e r i a l s o n t h e co n s t r u c t i o n s i t e t o e l i m i n a t e o r r e d u c e d i s c h a r g e o f m a t e r i a l s to s t o r m d r a i n s . BM P s p e r f o r m a n c e a n d e f f e c t i v e n e s s s h a l l b e d e t e r m i n e d e i t h e r by v i s u a l m e a n s w h e r e a p p l i c a b l e ( i . e . , o b s e r v a t i o n o f a b o v e - no r m a l s e d i m e n t r e l e a s e ) , o r b y a c t u a l w a t e r s a m p l i n g i n c a s e s wh e r e v e r i f i c a t i o n o f c o n t a m i n a n t r e d u c t i o n o r e l i m i n a t i o n , (i n a d v e r t e n t p e t r o l e u m r e l e a s e ) i s r e q u i r e d t o d e t e r m i n e ad e q u a c y o f t h e m e a s u r e . Na t i v e g r a s s e s o r o t h e r a p p r o p r i a t e v e g e t a t i v e c o v e r s s h a l l b e es t a b l i s h e d o n t h e c o n s t r u c t i o n s i t e a s s o o n a s p o s s i b l e a f t e r di s t u r b a n c e . MM H Y D - 2 a : L a n d s c a p i n g M a n a g e m e n t P l a n . Th e d e v e l o p e r s h a l l de v e l o p a n d i m p l e m e n t a L a n d s c a p i n g M a n a g e m e n t P l a n ( L M P ) f o r la n d s c a p e d a r e a s w i t h t h e g o a l o f r e d u c i n g p o t e n t i a l d i s c h a r g e o f he r b i c i d e s , p e s t i c i d e s , f e r t i l i z e r s , a n d o t h e r c o n t a m i n a n t s t o l o c a l wa t e r w a y s . A l l c o n t r a c t o r s i n v o l v e d i n p r o j e c t - r e l a t e d l a n d s c a p i n g co n d u c t e d d u r i n g t h e i n d i v i d u a l p h a s e s o f d e v e l o p m e n t , a s w e l l a s ma i n t e n a n c e o f l a n d s c a p i n g f o l l o w i n g p r o j e c t c o m p l e t i o n , s h a l l co m p l e t e t h e i r w o r k i n s t r i c t c o m p l i a n c e w i t h t h e L M P . T h e a p p l i c a n t sh a l l b e r e s p o n s i b l e f o r e n s u r i n g t h a t r e q u i r e m e n t s o f t h e L M P a r e pr o v i d e d t o a n d i n s t i t u t e d b y f u t u r e p r o j e c t l a n d o w n e r s a n d ma n a g e r s f o l l o w i n g p r o j e c t c o m p l e t i o n . T h e L M P s h a l l b e p r e p a r e d by a l i c e n s e d l a n d s c a p e a r c h i t e c t u r e f i r m w i t h e x p e r i e n c e i n m e t h o d s to r e d u c e o r e l i m i n a t e t h e u s e o f l a n d s c a p e c h e m i c a l s t h a t c o u l d ca u s e a d v e r s e e f f e c t s t o t h e e n v i r o n m e n t . A t a m i n i m u m , t h i s L M P sh a l l : 1. R e q u i r e t h a t p e s t i c i d e s a n d f e r t i l i z e r s n o t b e a p p l i e d i n e x c e s s i v e qu a n t i t i e s , a n d o n l y a p p l i e d a t t i m e s w h e n r a i n i s n o t e x p e c t e d fo r a t l e a s t 2 w e e k s , i n a n e f f o r t t o m i n i m i z e l e a c h i n g a n d r u n o f f in t o t h e s t o r m d r a i n a g e s y s t e m . Pr i o r t o I s s u a n c e o f Gr a d i n g P e r m i t Di r e c t O b s e r v a t i o n a n d Re v i e w o f L a n d s c a p i n g Ma n a g e m e n t P l a n Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t Packet Page. 472 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 1 3 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s 2. E n c o u r a g e t h e u s e o f o r g a n i c f e r t i l i z e r s a n d m u l c h i n g o f la n d s c a p e d a r e a s i n h i b i t w e e d g r o w t h a n d r e d u c e w a t e r de m a n d s . 3. U t i l i z e n a t i v e , p e r e n n i a l , d r o u g h t - t o l e r a n t v e g e t a t i o n t o m i n i m i z e ir r i g a t i o n n e e d s . 4. S p e c i f y t h e m a i n t e n a n c e m e a s u r e s t o b e u s e d ( e . g . , m o w i n g ) a n d wi l l s p e c i f y a n a p p l i c a t i o n s c h e d u l e f o r a l l f e r t i l i z e r a m e n d m e n t s an d p e s t i c i d e a p p l i c a t i o n s . 5. I d e n t i f y a l i s t o f p r e f e r r e d h e r b i c i d e s a n d p e s t i c i d e s a n d i n s t a n c e s in w h i c h t h e i r u s e w o u l d b e a p p r o p r i a t e a n d t h e a s s o c i a t e d ap p l i c a t i o n r a t e . MM H Y D - 2 b : W a t e r Q u a l i t y M a i n t e n a n c e R e p o r t s . Th e U H S P p r o j e c t sh a l l f o r m a L a n d s c a p i n g a n d L i g h t i n g M a i n t e n a n c e D i s t r i c t ( L L M D ) to m o n i t o r w a t e r q u a l i t y a n d p r o v i d e r e g u l a r r e p o r t s t o t h e C i t y re g a r d i n g w a t e r q u a l i t y o n t h e p r o j e c t s i t e . A q u a l i f i e d p r o f e s s i o n a l sh a l l b e r e t a i n e d t h r o u g h t h e L L M D t o p r e p a r e a n d p r o v i d e a n n u a l do c u m e n t a t i o n t o t h e C i t y E n g i n e e r t h a t t h e o n s i t e B M P s ( i . e . , w a t e r qu a l i t y d e v i c e s , i m p r o v e m e n t s , a n d p r o c e d u r e s ) a r e f u n c t i o n i n g a s pl a n n e d t o e f f e c t i v e l y p r o t e c t w a t e r q u a l i t y b o t h o n s i t e a n d o n do w n s t r e a m u s e s / d r a i n a g e s . T h i s i n c l u d e s t h e f u n c t i o n a n d co n d i t i o n o f b i o s w a l e s , s t r e e t s w e e p i n g , e t c . T h e s e r e p o r t s s h a l l b e ma d e t o t h e s a t i s f a c t i o n o f t h e C i t y E n g i n e e r i n c o n s u l t a t i o n w i t h t h e RW Q C B i f n e c e s s a r y . I f a r e p o r t i n d i c a t e s w a t e r q u a l i t y o b j e c t i v e s a r e no t b e i n g m e t a n d / o r t h e R W Q C B h a s e x p r e s s e d c o n c e r n s i n t h i s re g a r d , t h e L L M D w i l l t a k e a p p r o p r i a t e s t e p s a n d / o r m a k e ap p r o p r i a t e i m p r o v e m e n t s t o a c h i e v e t h e s e o b j e c t i v e s , t o t h e sa t i s f a c t i o n o f t h e C i t y E n g i n e e r . Pr i o r t o I s s u a n c e o f Gr a d i n g P e r m i t Di r e c t O b s e r v a t i o n a n d Re v i e w o f L a n d s c a p i n g an d L i g h t i n g Ma i n t e n a n c e D i s t r i c t (L L M D ) Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM H Y D - 5 : P r i o r t o a p p r o v a l o f a n y f i n a l m a p s , t h e d e v e l o p e r s h a l l su b m i t d r a i n a g e p l a n s t o t h e C i t y P u b l i c W o r k s D e p a r t m e n t f o r re v i e w a n d a p p r o v a l . T h e C i t y s h a l l r e v i e w a n d a p p r o v e a l l s t o r m dr a i n i m p r o v e m e n t p l a n s p r i o r t o i s s u a n c e o f a n y e n c r o a c h m e n t o r bu i l d i n g p e r m i t s t h a t i n v o l v e f l o o d c o n t r o l f a c i l i t i e s . Pr i o r t o A p p r o v a l of a n y F i n a l M a p s Di r e c t O b s e r v a t i o n o f Dr a i n a g e P l a n s Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t La n d U s e Packet Page. 473 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 1 4 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s MM L U - 1 : P r i o r t o i s s u a n c e o f a n y o c c u p a n c y p e r m i t s , t h e d e v e l o p e r sh a l l c o o r d i n a t e w i t h C i t y , C S U S B , a n d U S F S s t a f f s t o i d e n t i f y ne c e s s a r y a c c e s s p o i n t s a n d a p p r o p r i a t e l o c a t i o n s f o r s u c h s i g n a g e to c l e a r l y i d e n t i f y t h e U S F S b o u n d a r y a l o n g t h e p e r i m e t e r o f t h e Un i v e r s i t y H i l l s p r o p e r t y ( i . e . , P l a n n i n g A r e a 2 4 P l a n n i n g A r e a s 1 a n d 2) . S u c h s i g n a g e w i l l b e p l a c e d a t s t r a t e g i c l o c a t i o n s , i n c l u d i n g a n y ro a d o r t r a i l a c c e s s p o i n t s , t o t h e s a t i s f a c t i o n o f t h e C i t y i n co n s u l t a t i o n w i t h C S U S B a n d U S F S s t a f f s . Pr i o r t o I s s u a n c e o f Oc c u p a n c y P e r m i t s Di r e c t O b s e r v a t i o n a n d Si t e I n s p e c t i o n s Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t No i s e MM N O I - 1 a : A t t h e t i m e t h e g r a d i n g p e r m i t a p p l i c a t i o n i s s u b m i t t e d , th e p r o j e c t a p p l i c a n t s h a l l s u b m i t a C o n s t r u c t i o n N o i s e M i t i g a t i o n Pl a n t o t h e C i t y f o r r e v i e w a n d a p p r o v a l . T h e p l a n s h a l l d e p i c t t h e lo c a t i o n o f s t a g i n g a r e a s f o r c o n s t r u c t i o n e q u i p m e n t a n d d e s c r i b e ho w n o i s e w o u l d b e m i t i g a t e d f o r a n y n e a r b y s e n s i t i v e r e c e p t o r s . At t h e t i m e , t h e Gr a d i n g P e r m i t Ap p l i c a t i o n i s Su b m i t t e d Di r e c t O b s e r v a t i o n a n d Re v i e w o f C o n s t r u c t i o n No i s e M i t i g a t i o n P l a n Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM N O I - 1 b : S t a t i o n a r y n o i s e - g e n e r a t i n g e q u i p m e n t ( s u c h a s p u m p s an d g e n e r a t o r s ) w i l l b e l o c a t e d a s f a r a s p o s s i b l e f r o m n e a r b y n o i s e - se n s i t i v e r e c e p t o r s ( i . e . , h o m e s l o c a t e d i n P A 1 6 - 2 0 P l a n n i n g A r e a 1 ) an d n o c l o s e r t h a n 2 0 0 f e e t f r o m a n y e x i s t i n g h o m e w i t h i n t h e Pr o j e c t s i t e o n c e o c c u p a n c y h a s b e g u n . Pr i o r t o G r o u n d Br e a k i n g Di s t u r b a n c e s Di r e c t O b s e r v a t i o n a n d Si t e I n s p e c t i o n Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM N O I - 1 c : N o i s e - g e n e r a t i n g e q u i p m e n t w i l l b e s h i e l d e d f r o m ne a r b y n o i s e - s e n s i t i v e r e c e p t o r s b y n o i s e - a t t e n u a t i n g b u f f e r s s u c h as s t r u c t u r e s o r h a u l t r u c k t r a i l e r s . Pr i o r t o G r o u n d Di s t u r b i n g Ac t i v i t i e s Di r e c t O b s e r v a t i o n a n d Si t e I n s p e c t i o n Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM N O I - 1 d : O n s i t e n o i s e s o u r c e s l o c a t e d l e s s t h a n 6 0 0 f e e t f r o m no i s e - s e n s i t i v e r e c e p t o r s w i l l b e e q u i p p e d w i t h n o i s e - r e d u c i n g en g i n e h o u s i n g s . Pr i o r t o G r o u n d Br e a k i n g Di s t u r b a n c e s Di r e c t O b s e r v a t i o n a n d Si t e I n s p e c t i o n Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t Packet Page. 474 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 1 5 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s MM N O I - 1 e : P o r t a b l e a c o u s t i c b a r r i e r s a b l e t o a t t e n u a t e a t l e a s t 6 dB w i l l b e p l a c e d a r o u n d n o i s e - g e n e r a t i n g e q u i p m e n t i n t h e “ E a s t Vi l l a g e ” p o r t i o n P l a n n i n g A r e a 2 o f t h e p r o j e c t s i t e . Pr i o r t o G r o u n d Br e a k i n g Di s t u r b a n c e s Di r e c t O b s e r v a t i o n a n d Si t e I n s p e c t i o n Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM N O I - 1 f : W a t e r t a n k s a n d e q u i p m e n t s t o r a g e , s t a g i n g , a n d w a r m - up a r e a s w i l l b e l o c a t e d a s f a r f r o m n o i s e - s e n s i t i v e r e c e p t o r s a s po s s i b l e , a n d a t l e a s t 2 0 0 f e e t f r o m a n y e x i s t i n g h o m e w i t h i n t h e Pr o j e c t s i t e o n c e o c c u p a n c y h a s b e g u n . Pr i o r t o G r o u n d Br e a k i n g Di s t u r b a n c e s Di r e c t O b s e r v a t i o n a n d Si t e I n s p e c t i o n Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM N O I - 1 g : A l l c o n s t r u c t i o n e q u i p m e n t s h a l l u t i l i z e n o i s e r e d u c t i o n fe a t u r e s ( e . g . , m u f f l e r s a n d e n g i n e s h r o u d s ) t h a t a r e n o l e s s e f f e c t i v e th a n t h o s e o r i g i n a l l y i n s t a l l e d b y t h e m a n u f a c t u r e r . Pr i o r t o G r o u n d Br e a k i n g Di s t u r b a n c e s Di r e c t O b s e r v a t i o n a n d Si t e I n s p e c t i o n Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM N O I - 1 h : N o c o n s t r u c t i o n e q u i p m e n t s h a l l b e a l l o w e d t o i d l e f o r mo r e t h a n 5 m i n u t e s i f i t i s w i t h i n 1 0 0 f e e t o f a n e x i s t i n g h o u s e . On g o i n g Th r o u g h o u t Co n s t r u c t i o n Ac t i v i t i e s Di r e c t O b s e r v a t i o n a n d Si t e I n s p e c t i o n Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM N O I - 1 i : P r i o r t o a p p r o v a l o f a n y s u b s e q u e n t t e n t a t i v e t r a c t ma p s , t h e d e v e l o p e r s h a l l s u b m i t n o i s e s t u d i e s a s a p p r o p r i a t e f o r a n y re s i d e n c e s w i t h i n t h e p r o j e c t t o a s s u r e t h a t e x t e r i o r a n d i n t e r i o r no i s e l e v e l s m e e t C i t y n o i s e s t a n d a r d s b a s e d o n a c t u a l f i n a l f l o o r el e v a t i o n s , a c t u a l r o a d w a y c r o s s s e c t i o n s a n d e l e v a t i o n s , o n s i t e to p o g r a p h y a f t e r g r a d i n g , e t c . W a l l s o r o t h e r a t t e n u a t i n g im p r o v e m e n t s s h a l l b e i n s t a l l e d a s n e e d e d b a s e d o n t h e r e s u l t s o f th e s e s t u d i e s t o e n s u r e o n s i t e r e s i d e n c e s m e e t t h e C i t y ’ s n o i s e re g u l a t i o n s . Pr i o r t o G r o u n d Br e a k i n g A p p r o v a l of a n y S u b s e q u e n t Te n t a t i v e T r a c t Ma p s Di r e c t O b s e r v a t i o n o f No i s e S t u d i e s Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t Packet Page. 475 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 1 6 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s Tr a n s p o r t a t i o n a n d C i r c u l a t i o n MM T R A N S - 2 : Re c o m m e n d e d i m p r o v e m e n t s m a y i n c l u d e a co m b i n a t i o n o f f e e p a y m e n t s t o e s t a b l i s h e d p r o g r a m s , c o n s t r u c t i o n of s p e c i f i c i m p r o v e m e n t s , p a y m e n t o f a f a i r - s h a r e c o n t r i b u t i o n to w a r d f u t u r e i m p r o v e m e n t s , o r a c o m b i n a t i o n o f t h e s e a p p r o a c h e s . Fo r p r o g r a m m e d i m p r o v e m e n t s , t h e d e v e l o p e r w i l l p a y i n t o t h e re g i o n a l t r a n s p o r t a t i o n f e e p r o g r a m . A s u m m a r y o f t h e i n t e r s e c t i o n op e r a t i o n s b e f o r e a n d a f t e r i m p l e m e n t a t i o n o f t h e s e r e c o m m e n d e d im p r o v e m e n t s i s p r o v i d e d o n E I R A d d e n d u m A p p e n d i x D T a b l e 9 . A su m m a r y o f t h e P r o j e c t f a i r s h a r e p e r c e n t a g e s f o r t h e s e re c o m m e n d e d i m p r o v e m e n t s i s p r o v i d e d o n E I R A d d e n d u m Ap p e n d i x D , T r a f f i c I m p a c t A n a l y s i s T a b l e 5 a n d s i m i l a r l y o n T a b l e 1 3 of t h e E I R A d d e n d u m . #5 – U n i v e r s i t y P a r k w a y a t I - 2 1 5 F r e e w a y N B R a m p s : A d d a th i r d w e s t b o u n d r i g h t - t u r n l a n e . #6 – U n i v e r s i t y P a r k w a y a t I - 2 1 5 F r e e w a y S B R a m p s : A d d a de d i c a t e d n o r t h b o u n d r i g h t - t u r n l a n e . Pr i o r t o I s s u a n c e o f th e B u i l d i n g Pe r m i t . Id e n t i f i e d f u t u r e im p r o v e m e n t s t h a t a r e no t c u r r e n t l y i n t h e Ci t y ' s M a s t e r F a c i l i t i e s Pl a n ( M F P ) w i l l b e ad d e d a n d t h e De v e l o p e r I m p a c t F e e (D I F ) a d j u s t e d t o in c l u d e t h e a d d i t i o n a l co s t s , t h e n t h e p r o j e c t wi l l p a y t h e ap p r o p r i a t e D I F am o u n t . T h e p r o j e c t wi l l p a y t h e ap p r o p r i a t e f e e f o r t h e in d i c a t e d f u t u r e im p r o v e m e n t s t h a t a r e al r e a d y i n t h e M F P a n d DI F p r o g r a m s . I t i s un d e r s t o o d t h a t s o m e fr e e w a y - r e l a t e d im p r o v e m e n t s , in c l u d i n g s o m e f u t u r e ra m p i m p r o v e m e n t s , ma y n o t b e f u l l y fu n d e d f r o m a v a i l a b l e so u r c e s i n t h e f u t u r e . (P l e a s e r e f e r t o Ta b l e 5 - 2 f o r im p l e m e n t a t i o n a n d fu n d i n g o f t h i s mi t i g a t i o n ) . Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t Packet Page. 476 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 1 7 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s MM T R A N S - 8 : P r i o r t o t h e c o m m e n c e m e n t o f c o n s t r u c t i o n , t h e de v e l o p e r s h a l l p r o v i d e a C o n s t r u c t i o n T r a f f i c , S t a g i n g , a n d P a r k i n g Ma n a g e m e n t P l a n t o t h e C i t y o f S a n B e r n a r d i n o f o r r e v i e w a n d ap p r o v a l . A l l c o n s t r u c t i o n c o n t r a c t s s h a l l i n c l u d e a c l a u s e r e q u i r i n g co m p l i a n c e w i t h t h e C o n s t r u c t i o n T r a f f i c , S t a g i n g , a n d P a r k i n g Ma n a g e m e n t P l a n a n d t h e d e v e l o p e r s h a l l b e a b l e t o e n f o r c e t h e pr o v i s i o n s o f t h e p l a n t h r o u g h p e n a l t i e s , u p t o a n d i n c l u d i n g , te r m i n a t i o n o f t h e c o n t r a c t . T h e p l a n s h a l l i n c l u d e t h e f o l l o w i n g pr o v i s i o n s : Co n s t r u c t i o n t r u c k t r a f f i c s h a l l b e l i m i t e d t o t h e f o l l o w i n g de s i g n a t e d r o u t e s : C a m p u s P a r k w a y f r o m t h e s i t e a n d w e s t o f No r t h p a r k B o u l e v a r d t o K e n d a l l D r i v e , a n d K e n d a l l D r i v e f r o m Ca m p u s P a r k w a y t o P a l m A v e n u e . C o n s t r u c t i o n t r u c k t r a f f i c s h a l l be p r o h i b i t e d o n a l l o t h e r r o a d w a y s , u n l e s s c o m p e l l i n g ci r c u m s t a n c e s w a r r a n t s u c h m o v e m e n t s ( e . g . , a m a j o r t r a f f i c ac c i d e n t ) . Si g n a g e s h a l l b e i n s t a l l e d a t c o n s t r u c t i o n t r u c k i n g r e s s a n d eg r e s s p o i n t s a l e r t i n g m o t o r i s t s t o s u c h m o v e m e n t s . So i l , d e b r i s , o r o t h e r l o o s e m a t e r i a l s s h a l l b e c o v e r e d w i t h t a r p s or o t h e r r e s t r a i n i n g m a t e r i a l d u r i n g h a u l m o v e m e n t s o n ro a d w a y s . On - s i t e a n d o f f - s i t e c o n s t r u c t i o n s t a g i n g a n d p a r k i n g l o c a t i o n s sh a l l b e i d e n t i f i e d , a s w e l l a s a n y n e c e s s a r y s h u t t l e s e r v i c e ne e d e d t o t r a n s p o r t w o r k e r s f r o m o f f - s i t e l o c a t i o n s . F o r s a f e t y re a s o n s , o f f - s i t e s t a g i n g o r p a r k i n g s h a l l n o t b e a l l o w e d w e s t o f No r t h p a r k B o u l e v a r d o r o n t h e C S U S B C a l S t a t e S a n B e r n a r d i n o ca m p u s . A p r e - c o n s t r u c t i o n c o n f e r e n c e s h a l l b e h e l d a d v i s i n g a l l co n s t r u c t i o n c o n t r a c t o r s o f t h e r e q u i r e m e n t s o f t h e Co n s t r u c t i o n T r a f f i c , S t a g i n g , a n d P a r k i n g M a n a g e m e n t P l a n . Pr i o r t o Co n s t r u c t i o n Ac t i v i t i e s Re v i e w o f C o n s t r u c t i o n Tr a f f i c , S t a g i n g , a n d Pa r k i n g M a n a g e m e n t Pl a n Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t Packet Page. 477 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 1 8 Oc t o b e r 2 0 2 5 Ve r i f i c a t i o n Mi t i g a t i o n M e a s u r e s ( M M s ) Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / R e p o r t i n g Me t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s Ut i l i t i e s a n d S e r v i c e S y s t e m s MM U S - 4 a : P r i o r t o t h e i s s u a n c e o f b u i l d i n g p e r m i t s , t h e a p p l i c a n t sh a l l s u b m i t a C o n s t r u c t i o n D e b r i s R e c y c l i n g P l a n t o t h e C i t y o f Sa n B e r n a r d i n o i d e n t i f y i n g t h e p r o c e d u r e s b y w h i c h c o n s t r u c t i o n an d d e m o l i t i o n w o u l d b e s a l v a g e d a n d r e c y c l e d t o t h e m a x i m u m ex t e n t f e a s i b l e . T h e p l a n s h a l l i n c l u d e p r o o f t h a t a c o n s t r u c t i o n a n d de m o l i t i o n d e b r i s r e c y c l e r i s u n d e r c o n t r a c t t o t h e a p p l i c a n t t o pe r f o r m t h i s w o r k . T h i s P l a n s h a l l a c h i e v e a t l e a s t a 5 0 p e r c e n t re d u c t i o n i n c o n s t r u c t i o n w a s t e , t o t h e s a t i s f a c t i o n o f t h e C i t y Pl a n n e r . Pr i o r t o t h e Is s u a n c e o f Bu i l d i n g P e r m i t s Re v i e w o f C o n s t r u c t i o n De b r i s R e c y c l i n g P l a n Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t MM U S - 4 b : P r i o r t o t h e i s s u a n c e o f o c c u p a n c y p e r m i t s , t h e de v e l o p e r s h a l l p r o v i d e t h e C i t y w i t h w r i t t e n a s s u r a n c e t h a t a l l pr o j e c t r e s i d e n t s w i l l b e p r o v i d e d w i t h i n f o r m a t i o n o n C i t y a n d Co u n t y w a s t e r e d u c t i o n a n d d i s p o s a l a c t i v i t i e s . T h i s i n f o r m a t i o n m a y be p r o v i d e d b y t h e d e v e l o p e r o r h o m e o w n e r s a s s o c i a t i o n ( H O A ) a s ap p r o p r i a t e . T h i s m e a s u r e s h a l l b e i m p l e m e n t e d t o t h e s a t i s f a c t i o n of t h e C i t y P l a n n e r . Pr i o r t o I s s u a n c e o f Oc c u p a n c y P e r m i t s Re v i e w o f I n f o r m a t i o n on C i t y a n d C o u n t y Wa s t e R e d u c t i o n a n d Di s p o s a l A c t i v i t i e s Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t Packet Page. 478 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 1 9 Oc t o b e r 2 0 2 5 Co n d i t i o n s o f A p p r o v a l ( C O A s ) Ve r i f i c a t i o n Tr i b a l C u l t u r a l R e s o u r c e s Im p l e m e n t a t i o n Ti m i n g Mo n i t o r i n g / Re p o r t i n g M e t h o d s Re s p o n s i b l e f o r Ap p r o v a l / Mo n i t o r i n g Da t e In i t i a l s CO A T C R - 1 D u e t o t h e h e i g h t e n e d c u l t u r a l s e n s i t i v i t y o f t h e p r o p o s e d pr o j e c t a r e a , a t t h e d i s c r e t i o n o f t h e c o n s u l t i n g t r i b e ( s ) , T r i b a l mo n i t o r ( s ) a u t h o r i z e d t o r e p r e s e n t Y S M N s h a l l b e p r e s e n t f o r a l l gr o u n d - d i s t u r b i n g a c t i v i t i e s t h a t o c c u r w i t h i n t h e p r o p o s e d p r o j e c t ar e a ( w h i c h i n c l u d e s , b u t i s n o t l i m i t e d t o , t r e e / s h r u b r e m o v a l a n d pl a n t i n g , c l e a r i n g / g r u b b i n g , g r a d i n g , e x c a v a t i o n , t r e n c h i n g , co m p a c t i o n , f e n c e / g a t e r e m o v a l a n d i n s t a l l a t i o n , d r a i n a g e a n d ir r i g a t i o n r e m o v a l a n d i n s t a l l a t i o n , h a r d s c a p e i n s t a l l a t i o n [ b e n c h e s , si g n a g e , b o u l d e r s , w a l l s , s e a t w a l l s , f o u n t a i n s , e t c . ] , a n d ar c h a e o l o g i c a l w o r k ) . A t t h e d i s c r e t i o n o f t h e c o n s u l t i n g t r i b e s , a su f f i c i e n t n u m b e r o f T r i b a l m o n i t o r s s h a l l b e p r e s e n t e a c h w o r k d a y to e n s u r e t h a t s i m u l t a n e o u s l y o c c u r r i n g g r o u n d d i s t u r b i n g a c t i v i t i e s re c e i v e t h o r o u g h l e v e l s o f m o n i t o r i n g c o v e r a g e .  A M o n i t o r i n g a n d Tr e a t m e n t P l a n t h a t i s r e f l e c t i v e o f t h e p r o j e c t m i t i g a t i o n ( “ C u l t u r a l Re s o u r c e s ” a n d “ T r i b a l C u l t u r a l R e s o u r c e s ” ) s h a l l b e c o m p l e t e d b y th e q u a l i f i e d S O I A r c h a e o l o g i s t a n d s u b m i t t e d t o t h e L e a d A g e n c y f o r di s s e m i n a t i o n t o Y S M N . O n c e a l l p a r t i e s r e v i e w a n d a g r e e t o t h e p l a n , it s h a l l b e a d o p t e d b y t h e L e a d A g e n c y – t h e p l a n m u s t b e a d o p t e d pr i o r t o p e r m i t t i n g f o r t h e p r o j e c t . A n y a n d a l l f i n d i n g s w i l l b e s u b j e c t to t h e p r o t o c o l d e t a i l e d w i t h i n t h e M o n i t o r i n g a n d T r e a t m e n t P l a n . Du r i n g A l l Gr o u n d Di s t u r b i n g Ac t i v i t i e s Mo n i t o r i n g T r i b a l M o n i t o r Ap p r o v e d b y YS M N a n d Ci t y o f S a n Be r n a r d i n o Co m m u n i t y De v e l o p m e n t & Ho u s i n g De p a r t m e n t CO A T C R - 2 I f a p r e - c o n t a c t c u l t u r a l r e s o u r c e i s d i s c o v e r e d d u r i n g pr o j e c t i m p l e m e n t a t i o n , g r o u n d - d i s t u r b i n g a c t i v i t i e s s h a l l b e su s p e n d e d 6 0 f e e t a r o u n d t h e r e s o u r c e ( s ) , a n d a n E n v i r o n m e n t a l l y Se n s i t i v e A r e a ( E S A ) p h y s i c a l d e m a r c a t i o n / b a r r i e r c o n s t r u c t e d . Th e S O I P r o j e c t A r c h a e o l o g i s t s h a l l d e v e l o p a r e s e a r c h d e s i g n t h a t sh a l l i n c l u d e a p l a n t o e v a l u a t e t h e r e s o u r c e f o r s i g n i f i c a n c e u n d e r CE Q A c r i t e r i a . R e p r e s e n t a t i v e s f r o m Y S M N , t h e A r c h a e o l o g i s t , a n d th e L e a d A g e n c y s h a l l c o n f e r r e g a r d i n g t h e r e s e a r c h d e s i g n , a s w e l l as a n y t e s t i n g e f f o r t s n e e d e d t o d e l i n e a t e t h e r e s o u r c e b o u n d a r y . Fo l l o w i n g t h e c o m p l e t i o n o f e v a l u a t i o n e f f o r t s , a l l p a r t i e s s h a l l c o n f e r re g a r d i n g t h e r e s o u r c e ' s a r c h a e o l o g i c a l s i g n i f i c a n c e , i t s p o t e n t i a l a s a T r i b a l C u l t u r a l R e s o u r c e ( T C R ) , a n d a v o i d a n c e ( o r o t h e r a p p r o p r i a t e tr e a t m e n t ) o f t h e d i s c o v e r e d r e s o u r c e . Du r i n g A l l Gr o u n d Di s t u r b i n g Ac t i v i t i e s Si t e M o n i t o r i n g Q u a l i f i e d S O I Ar c h a e o l o g i s t Packet Page. 479 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 2 0 Oc t o b e r 2 0 2 5 Co n d i t i o n s o f A p p r o v a l ( C O A s ) It i s t h e p r e f e r e n c e o f Y S M N t h a t r e m o v e d c u l t u r a l m a t e r i a l b e re b u r i e d a s c l o s e t o t h e o r i g i n a l f i n d l o c a t i o n a s p o s s i b l e . H o w e v e r , sh o u l d r e b u r i a l w i t h i n / n e a r t h e o r i g i n a l f i n d l o c a t i o n d u r i n g p r o j e c t im p l e m e n t a t i o n n o t b e f e a s i b l e , t h e n a r e b u r i a l l o c a t i o n f o r f u t u r e re b u r i a l s h a l l b e d e c i d e d u p o n b y Y S M N , t h e l a n d o w n e r , a n d t h e L e a d Ag e n c y , a n d a l l f i n d s s h a l l b e r e b u r i e d w i t h i n t h i s l o c a t i o n . Ad d i t i o n a l l y , i n t h i s c a s e , r e b u r i a l s h a l l n o t o c c u r u n t i l a l l g r o u n d - di s t u r b i n g a c t i v i t i e s a s s o c i a t e d w i t h t h e p r o j e c t h a v e b e e n co m p l e t e d , a l l m o n i t o r i n g h a s c e a s e d , a l l c a t a l o g u i n g a n d b a s i c re c o r d a t i o n o f c u l t u r a l r e s o u r c e s h a v e b e e n c o m p l e t e d , a n d a f i n a l mo n i t o r i n g r e p o r t h a s b e e n i s s u e d t o L e a d A g e n c y , C H R I S , a n d Y S M N . Al l r e b u r i a l s a r e s u b j e c t t o a r e b u r i a l a g r e e m e n t t h a t s h a l l b e de v e l o p e d b e t w e e n t h e l a n d o w n e r a n d Y S M N o u t l i n i n g t h e de t e r m i n e d r e b u r i a l p r o c e s s / l o c a t i o n a n d s h a l l i n c l u d e m e a s u r e s a n d pr o v i s i o n s t o p r o t e c t t h e r e b u r i a l a r e a f r o m a n y f u t u r e i m p a c t s . Sh o u l d i t o c c u r t h a t a v o i d a n c e , p r e s e r v a t i o n i n p l a c e , a n d o n - s i t e re b u r i a l a r e n o t a n o p t i o n f o r t r e a t m e n t , t h e l a n d o w n e r s h a l l re l i n q u i s h a l l o w n e r s h i p a n d r i g h t s t o t h i s m a t e r i a l a n d c o n f e r w i t h YS M N t o i d e n t i f y a n A m e r i c a n A s s o c i a t i o n o f M u s e u m s ( A A M ) - ac c r e d i t e d f a c i l i t y w i t h i n t h e C o u n t y t h a t c a n a c c e s s i o n t h e m a t e r i a l s in t o t h e i r p e r m a n e n t c o l l e c t i o n s a n d p r o v i d e f o r t h e p r o p e r c a r e o f th e s e o b j e c t s i n a c c o r d a n c e w i t h t h e 1 9 9 3 C A C u r a t i o n G u i d e l i n e s .   A cu r a t i o n a g r e e m e n t w i t h a n a p p r o p r i a t e q u a l i f i e d r e p o s i t o r y s h a l l b e de v e l o p e d b e t w e e n t h e l a n d o w n e r a n d m u s e u m t h a t l e g a l l y a n d ph y s i c a l l y t r a n s f e r s t h e c o l l e c t i o n s a n d a s s o c i a t e d r e c o r d s t o t h e fa c i l i t y .   T h i s a g r e e m e n t s h a l l s t i p u l a t e t h e p a y m e n t o f f e e s n e c e s s a r y fo r p e r m a n e n t c u r a t i o n o f t h e c o l l e c t i o n s a n d a s s o c i a t e d r e c o r d s a n d th e o b l i g a t i o n o f t h e P r o j e c t d e v e l o p e r / a p p l i c a n t t o p a y f o r t h o s e fe e s .   Al l d r a f t r e c o r d s / r e p o r t s c o n t a i n i n g t h e s i g n i f i c a n c e a n d t r e a t m e n t fi n d i n g s a n d d a t a r e c o v e r y r e s u l t s s h a l l b e p r e p a r e d b y t h e ar c h a e o l o g i s t a n d s u b m i t t e d t o t h e L e a d A g e n c y a n d Y S M N f o r t h e i r re v i e w a n d c o m m e n t . A f t e r a p p r o v a l f r o m a l l p a r t i e s , t h e f i n a l re p o r t s a n d s i t e / i s o l a t e r e c o r d s a r e t o b e s u b m i t t e d t o t h e l o c a l CH R I S I n f o r m a t i o n C e n t e r , t h e L e a d A g e n c y , a n d Y S M N . Packet Page. 480 Ad d e n d u m t o t h e U n i v e r s i t y H i l l s S p e c i f i c P l a n P r o j e c t Ci t y o f S a n B e r n a r d i n o Mi t i g a t i o n M o n i t o r i n g a n d R e p o r t i n g P r o g r a m Pa g e C - 2 1 Oc t o b e r 2 0 2 5 Co n d i t i o n s o f A p p r o v a l ( C O A s ) Tr a n s p o r t a t i o n a n d C i r c u l a t i o n Ta b l e 1 3 : S u m m a r y o f P r o j e c t F a i r S h a r e f o r R e c o m m e n d e d I m p r o v e m e n t s AM P e a k H o u r PM P e a k H o u r To t a l V o l u m e To t a l V o l u m e In t . # In t e r s e c t i o n 20 2 2 20 2 6 To t a l Gr o w t h Pr o j e c t Tr i p s % 20 2 2 20 2 6 To t a l Gr o w t h Pr o j e c t Tr i p s % Op e n i n g Y e a r 2 0 2 6 C u m u l a t i v e C o n d i t i o n s 5 U n i v e r s i t y P k w . A t I 2 1 5 Fr e e w a y N B R a m p s 3, 6 6 3 4 , 2 3 7 57 8 1 2 8 2 2 . 3 % 4 , 1 6 5 4, 8 4 2 67 7 1 6 9 2 5 . 0 % Fu t u r e B u i l d - O u t Y e a r 2 0 4 0 C u m u l a t i v e C o n d i t i o n s 5 U n i v e r s i t y P k w . A t I 2 1 5 Fr e e w a y N B R a m p s 3, 6 6 3 4 , 3 7 9 71 6 1 2 8 1 7 . 9 % 4 , 1 6 5 4, 9 2 6 76 1 1 6 9 2 2 . 2 % 6 U n i v e r s i t y P k w . A t I 2 1 5 Fr e e w a y S B R a m p s 2, 4 4 8 3 , 1 1 2 66 4 1 0 4 1 5 . 7 % 2 , 9 7 0 3, 9 8 6 1, 0 1 6 9 1 9 . 0 % So u r c e : K i m l e y - H o r n . 2 0 2 5 . T r a f f i c I m p a c t A n a l y s i s : Ta b l e 5 , S u m m a r y o f P r o j e c t F a i r S h a r e f o r R e c o m m e n d e d I m p r o v e m e n t s . Packet Page. 481 RESOLUTION NO. 2026-001 - PC 35 EXHIBIT C '$5(029$/-867,),&$7,21 Packet Page. 482 ENCORE CAPITAL MANAGEMENT 770 TAMALPAIS DRIVE, #401B, CORTE MADERA, CA 94925 Phone: (415) 561-0600 Fax: (415) 561-0601 www.EncoreCM.com February 23, 2023 Stephanie Sanchez Economic Development Project Manager City of San Bernardino 201 North E St, 3rd Floor San Bernardino, CA 92401 Re: DA Removal Justification Letter University Hills Specific Plan Badger Canyon Road & W Frontline Road Dear Mrs. Sanchez, We appreciate your continued assistance with our revitalization of the University Hills Specific Plan. Your team’s engagement and responsiveness has been monumental in helping us tailor the revised site plan to fit the needs of the community. Pursuant to continued conversations with city staff, we hereby formally request to remove the previous Development Agreement from title for the reasons below: Significant Changes to Design Standards The provisions of the previous agreement no longer apply since we no longer satisfy Section 1.1 of developing the project “in accordance with the Project Approvals” from 2012, given we are changing the density and intensity of use, size of buildings, zoning standards, and the size of the dedicated mitigation land area. The unit count has been significantly reduced from 980 medium to high density units to 437 single-family homes and the permanent open space acreage has grown from 235 to 251 acres. Our unit mix below, no longer comprises 515 two-story townhomes. x 2,750 (50’ wide x 55’ deep) square foot lots x 3,600 (40’ wide x 90’ deep) square foot lots x 4,500 (50’ wide x 90’ deep) square foot lots 5-Year Performance Requirement The project is also out of compliance with Section 3.1.1 and Exhibit F which states: Prior to the fifth anniversary of the effective date [April 19, 2012] of the development agreement the Owner/Developer shall: Acquire the necessary rights (easements, licenses, rights of way, encroachment permits, etc) to construct the Phase 1 Infrastructure, including roads, intersections, drainage facilities, slopes, fuel [modification] areas, water storage tank and water lines. Complete a full submittal of completed construction plans, which will include the civil engineering and landscape architecture, for a phase of single family homes consisting of at least 25 lots, with an associated park. Packet Page. 483 ENCORE CAPITAL MANAGEMENT 770 TAMALPAIS DRIVE, #401B, CORTE MADERA, CA 94925 Phone: (415) 561-0600 Fax: (415) 561-0601 www.EncoreCM.com After meeting with San Bernardino County Flood Control and CSU San Bernardino, we have confirmed that these tasks were never completed by the April 19, 2017 deadline. We are meeting with these agencies regularly to discuss alternative options that may better serve all parties involved. As always, we appreciate your continued attention to our project and look forward to delivering this community to the city. Please feel free to contact me with any questions or comments at julian.nan@encorefunds.com. Sincerely, Julian Nan Vice President Encore University Hills LLC Applicant Packet Page. 484 ATTACHMENT B Project Justification Letter Packet Page. 485 ENCORE CAPITAL MANAGEMENT 770 TAMALPAIS DRIVE, #401B, CORTE MADERA, CA 94925 Phone: (415) 561-0600 Fax: (415) 561-0601 www.EncoreCM.com February 15, 2023 Elizabeth Mora-Rodriguez Senior Planner City of San Bernardino 201 North E St, 3rd Floor San Bernardino, CA 92401 Re: Justification Letter University Hills Specific Plan Amendment Badger Canyon Road & W Frontline Road Applications: Specific Plan Amendment Tentative Tract Map Dear Mrs. Elizabeth Mora-Rodriguez, On behalf of Encore University Hills LLC, we thank you for the City of San Bernardino’s continued attentiveness to our proposed development of 437 residential single-family homes as part of the formerly approved University Hills Specific Plan (“Project”). We look forward to working with the City to deliver a quality community designed to enhance this neighborhood within the City. Site Plan The Project proposes three primary lot configurations: x 2,750 (50’ wide x 55’ deep) square foot lots x 3,600 (40’ wide x 90’ deep) square foot lots x 4,500 (50’ wide x 90’ deep) square foot lots The proposed configurations had to be designed around the San Bernardino Valley Municipal Water District’s (SBVMWD) 75” Foothill Pipeline which runs through the property. SBVMWD requirements over the pipeline presented three constraints: (1) a 50’ wide easement to be maintained over the Project, (2) only streets and parkways allowed within the easement, and (3) minimum and maximum coverage of 6’ and 20’, respectively, over the pipeline at any given location within the Project. The pre-application site plan satisfies all three requirements and SBVMWD has provided their approval of our plan. In order to keep home prices within reason for this Project that is being designed for the local community, we minimized our grading and wall costs by designing a site that balances and incorporates slopes in lieu of retaining walls where possible. To achieve a balanced site, we set the grade at the pipeline’s highest elevation located in the northwest region of “Parcel 1”, then lowered the site by maximizing slope fall toward the lowest point of the property while still meeting street circulation requirements for Fire and ADA. In conjunction with these slope conditions, the introduction of shallower 50’x55’ lots made balancing the site possible. The majority of the layout adheres to the original Specific Plan. Approximately 251 acres will remain permanent open space and no structures will be built within fault zones. Primary access to “Parcel 1” remains on a future road that will run parallel to Badger Canyon Road and connect to Devils Canyon Road, and access to “Parcel 2” and “Parcel 3” remains on a future road that will connect to Campus Circle. A Specific Plan Amendment will be processed to accommodate the design guidelines needed for single-family detached homes throughout the entire site. Packet Page. 486 ENCORE CAPITAL MANAGEMENT 770 TAMALPAIS DRIVE, #401B, CORTE MADERA, CA 94925 Phone: (415) 561-0600 Fax: (415) 561-0601 www.EncoreCM.com 19.64.070 Findings 1. The proposed plan is consistent with the General Plan The 437-unit single family detached residential plan is consistent with the city’s General Plan and is subject to Senate Bill 330 (SB 330), the Housing Crisis Act of 2019, because the Specific Plan was approved for up to 980 residential units in 2008. Although the overall unit count has decreased, the project remains in compliance with SB 330 because of its location within a Very High Fire Severity Zone, for which a full Fire Protection Plan was not previously prepared. The formerly approved Specific Plan also did not fully study two other important constraints on the site: (1) the SBVMWD Foothill Pipeline and (2) home construction within the fault zone. Due to constraints presented by the Very High Fire Severity Zone designation, the SBVMWD Foothill Pipeline mentioned above, and our desire to avoid building homes within the fault zone, the submitted site plan offers the best possible product configuration that can realistically be developed and built. 2. The proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City Now that the unit count is less than half the originally approved unit count, the project will not have more significant impacts than the previously certified EIR. We are avoiding plotting homes in the fault zones to put the safety of our future residents first, which also allows us to grow the overall open space areas north of the development. Pedestrians will be able to traverse the site and continue to access the trails that lead up into the foothills. All design standards will be coordinated with their respective city departments and local agencies to ensure they prioritize the public welfare of the community. 3. The subject property is physically suitable for the requested land use designation(s) and the anticipated land use development(s) The site plan conforms to the guidelines of SBVWMD, ADA street circulation, SB County Fire, and fault zone setbacks while minimizing the impact of earthwork by keeping the site as balanced as possible. It was designed to reduce the quantity and costs of offsite and onsite infrastructure in consideration of the surrounding community. Reduced improvement costs will most often lead to more attainable home prices for future homebuyers. 4. The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood The project maintains 251 acres of open space to preserve the natural landscape in the foothills north of the site. The intent is to preserve the natural environment around the project and find ways to integrate its features into the future community. The density is now much more compatible with surrounding neighborhoods in the University District and Verdemont by offering only single family detached livability. 5. The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live California is in dire need of housing, especially workforce housing for first-time homebuyers and young families undergoing household formation growth. University Hills is intended to serve this demographic by delivering the American dream of homeownership to the local community. The development will support local retail by establishing a population base of frequent visitors exploring their local neighborhood. California State University San Bernardino may provide employment options, and the proximity to the 215 Freeway will provide commuters access to nearby employment hubs. Packet Page. 487 ENCORE CAPITAL MANAGEMENT 770 TAMALPAIS DRIVE, #401B, CORTE MADERA, CA 94925 Phone: (415) 561-0600 Fax: (415) 561-0601 www.EncoreCM.com Thank you again for the opportunity to deliver this exciting new community to the local neighborhood. We look forward to your feedback through an in-person follow up meeting with each department. Please feel free to contact me with any questions or comments at julian.nan@encorefunds.com. Sincerely, Julian Nan Vice President Encore University Hills LLC Applicant Packet Page. 488 ATTACHMENT C Location/Zoning Map Packet Page. 489 ATTACHMENT C – LOCATION/ZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: SP 23-01 and SUB 23- LOCATION MAP HEARING DATE: January 13, 2026 NORTH PROJECT SITE Packet Page. 490 ATTACHMENT D Aerial Map Packet Page. 491 ATTACHMENT D – AERIAL MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: SP23-01 and SUB23-05 LOCATION MAP HEARING DATE: January 13,2026 NORTH PROJECT SITE Packet Page. 492 ATTACHMENT E Draft University Hills Memorandum of Understanding Packet Page. 493 MEMORANDUM OF UNDERSTANDING For Access to University Hills Development Between Encore Capital Management (“Encore”) and California State University, San Bernardino (“CSUSB”) FOR REVIEW PURPOSES ONLY NOT VALID This Memorandum of Understanding (“MOU”) establishes mutual understandings and commitments between Encore Capital Management (“Encore”) and California State University, San Bernardino (“CSUSB”) regarding access, construction coordination, and environmental and operational protections associated with the University Hills development adjacent to the CSUSB campus. The intent is to allow limited use of CSUSB property for roadway access while preserving the University’s academic, research, and operational interests. 1. BACKGROUND x Encore is working in coordination with the City of San Bernardino and the San Bernardino County Flood Control District to amend the University Hills Specific Plan as last approved in 2008. x The proposed access improvements at the intersection of Devil’s Canyon Road and Campus Circle involve a small portion (~7,900 sq. ft.) of CSUSB property. x CSUSB maintains adjacent facilities including the Campus Land Laboratory, Geological Fault Study Area, and Murillo Family Observatory, which require protection from grading, dust, noise, vibration, stormwater alteration & erosion control, vector control, and light pollution. x Both parties wish to cooperate in good faith to facilitate compatible development, emergency safety, and environmental stewardship. 2. ACCESS RIGHTS AND CONDITIONS Limited Access Grant: CSUSB agrees to grant Encore non-exclusive access to approximately 7,900 sq. ft. of land at the Devil’s Canyon–Campus Circle intersection for roadway construction, grading, operations and maintenance, and the installation, operations and maintenance of utilities consistent with approved project plans, conditioned upon approval of the University Hills Specific Plan amendment and all other project entitlements and agreement upon the form of an easement per Section 8 below. Access Conditions: Packet Page. 494 x All work shall be limited to the area shown in Exhibit A and shall avoid interference with CSUSB’s Land Laboratory or facilities yard. x Encore shall provide written notice to the University at least 30 days prior to commencing any activity on or within 100 feet of CSUSB property. x Encore shall provide all proposed traffic control and mitigation plans to the University 30 days prior to commencing any temporary road and traffic alterations on or adjacent to CSUSB property x The constructed road shall not be gated or restricted in a way that impedes University access. x The University Hills HOA shall maintain all improvements and indemnify CSUSB against liabilities arising from construction or operation within the easement area. 3. CONSTRUCTION MANAGEMENT AND CAMPUS PROTECTION Encore shall: x Coordinate construction schedules and traffic control and mitigation plans with CSUSB Facilities Management and University Police. x Limit construction activities to 7:00 a.m.–5:00 p.m., Monday through Friday. x Implement dust, noise, and vibration controls to protect nearby research sites and observatory equipment. x Prohibit construction staging or material storage within 100 feet of the Land Laboratory or fault access areas. x Restore any disturbed CSUSB property to pre-construction conditions to the satisfaction of the University. 4. FAULT AND LAND LABORATORY ACCESS x CSUSB shall retain unrestricted access to its Land Laboratory and geological research zones, including the San Andreas fault exposure, for educational and scientific purposes. x Encore shall design grading, retaining walls, and fencing to maintain continuous physical access to these research zones. x No construction may occur that would obstruct, bury, or destabilize the exposed fault face. x Access routes shall remain open for educational use at all times during and after construction. 5. LIGHTING AND OBSERVATORY PROTECTION x All outdoor lighting shall comply with International Dark-Sky Association (IDA) standards: o Fully shielded, downward-directed fixtures o Correlated color temperature ≤ 3000K o No uplighting or exposed bulbs x Encore shall submit a photometric plan to CSUSB Facilities Management for review before installation. x Any lighting found to violate dark-sky requirements shall be corrected within 60 days of written notice from CSUSB. 6. ENVIRONMENTAL, SAFETY, AND EMERGENCY RESPONSE COORDINATION Packet Page. 495 x Encore shall provide CSUSB with all hydrology, stormwater, and traffic control and mitigation plans affecting the campus or adjacent flood control facilities prior to final approval. x Roadway design speeds adjacent to CSUSB shall not exceed 40 mph. x Emergency Response: Encore shall coordinate with the City of San Bernardino Fire Department, Police Department, and CSUSB University Police to ensure the development does not negatively impact emergency response times to the CSUSB campus or surrounding areas. o An Emergency Services Access Plan shall be submitted for joint review by the City and CSUSB prior to final roadway approval. o Encore shall implement mitigation measures recommended by those agencies to maintain or improve current response times. o If monitoring after construction shows degradation of response times, Encore or the HOA shall cooperate with the City and CSUSB to fund or implement corrective improvements. 7. ENVIRONMENTAL AND BIOLOGICAL PROTECTION Encore shall implement measures to protect biological, geological, and ecological resources near CSUSB property, including: x Preservation of native vegetation and wildlife corridors adjacent to the Land Lab; x Protection of existing drainage flows and prevention of erosion or sedimentation onto CSUSB lands; and x Compliance with all CEQA mitigation measures applicable to University Hills. 8. UTILITIES, EASEMENTS, AND DOCUMENTATION x Encore shall not use or amend any existing CSUSB easements without express written approval in its sole discretion. x Public utilities (including the University Hills sewer main) shall not cross CSUSB property unless separately negotiated. x Separate Recorded Easement: The parties shall prepare, execute, and record a separate easement agreement based on CSUSB’s standard easement template to formally document: o The exact boundaries of the access area (approx. 7,900 sq. ft.); o Construction and maintenance responsibilities; o Provisions for fault access, lighting compliance, and emergency coordination; and o Applicable indemnities and insurance. x The easement shall be recorded with the County of San Bernardino prior to commencement of construction affecting CSUSB land. 9. AGENCY REVIEW AND APPROVAL Encore shall submit final roadway, lighting, and drainage designs to CSUSB for review and written concurrence before approval by the City of San Bernardino or San Bernardino County Flood Control District. No agency submittals or construction permits involving CSUSB property shall proceed without such written concurrence. Encore shall obtain a construction permit from CSUSB for all improvements on CSUSB property.’ Packet Page. 496 10. INSURANCE AND INDEMNIFICATION Encore shall maintain: x Commercial General Liability Insurance with minimum limits of $2,000,000 per occurrence and $5,000,000 aggregate, naming The Trustees of the California State University as additional insured; x Automobile and Contractor’s Liability Insurance with limits not less than $1,000,000; and x Workers’ Compensation Insurance as required by law. Encore and the University Hills HOA shall defend, indemnify, and hold harmless CSUSB and the State of California from any claims arising from the activities contemplated under this MOU. 11. TERM AND TERMINATION This MOU shall remain in effect for three (3) years from the Effective Date unless: x Superseded by a definitive agreement or recorded easement; or x Terminated by the University if there has not been reasonable progress toward approval within 1 year; or x Terminated earlier by mutual written consent of both parties. 12. DISPUTE RESOLUTION Any disputes regarding the interpretation or implementation of this MOU shall first be resolved through good-faith negotiation between designated representatives. If unresolved, the matter may be submitted to non-binding mediation before either party seeks other remedies. 13. NON-BINDING NATURE This MOU represents the mutual intent of the parties and shall not create any legally binding obligations except as expressly provided in Section 8 regarding execution of a separate easement agreement. 14. EXHIBITS x Exhibit A: Vicinity and Access Map (~7,900 sq. ft. parcel) x Exhibit B: Preliminary Road Alignment and Retaining Wall Concept x Exhibit C: Emergency Services Circulation Plan 10. Signatures ___________________________________ Encore University Hills, LLC David Hardy, Vice President Encore Capital Management 770 Tamalpais Drive, Suite 401B Packet Page. 497 Corte Madera, CA 94925 Phone: (951) 704-4508 | Email:david.hardy@encorefunds.com __________________________________________ California State University, San Bernardino Samuel Sudhakar, Vice President & CFO California State University, San Bernardino 5500 University Parkway San Bernardino, CA 92407 Phone: (909)537-5995 | Email:SSudhakar@csusb.edu Packet Page. 498 ATTACHMENT F Original Approval of the SP-UH Resolution 2008-422 Packet Page. 499 Packet Page. 500 Packet Page. 501 Packet Page. 502 Packet Page. 503 Packet Page. 504 Packet Page. 505 Packet Page. 506 Packet Page. 507 Packet Page. 508 Packet Page. 509 Packet Page. 510 Packet Page. 511 Packet Page. 512 Packet Page. 513 Packet Page. 514 Packet Page. 515 Packet Page. 516 Packet Page. 517 Packet Page. 518 Packet Page. 519 Packet Page. 520 Packet Page. 521 Packet Page. 522 Packet Page. 523 Packet Page. 524 Packet Page. 525 Packet Page. 526 Packet Page. 527 Packet Page. 528 Packet Page. 529 Packet Page. 530 Packet Page. 531 Packet Page. 532 Packet Page. 533 Packet Page. 534 Packet Page. 535 Packet Page. 536 Packet Page. 537 Packet Page. 538 Packet Page. 539 Packet Page. 540 Packet Page. 541 Packet Page. 542 Packet Page. 543 Packet Page. 544 Packet Page. 545 Packet Page. 546 Packet Page. 547 Packet Page. 548 Packet Page. 549 Packet Page. 550 Packet Page. 551 Packet Page. 552 Packet Page. 553 Packet Page. 554 Packet Page. 555 Packet Page. 556 Packet Page. 557 Packet Page. 558 Packet Page. 559 Packet Page. 560 Packet Page. 561 Packet Page. 562 Packet Page. 563 Packet Page. 564 Packet Page. 565 Packet Page. 566 Packet Page. 567 Packet Page. 568 Packet Page. 569 Packet Page. 570 Packet Page. 571 Packet Page. 572 Packet Page. 573 Packet Page. 574 Packet Page. 575 Packet Page. 576 Packet Page. 577 Packet Page. 578 Packet Page. 579 Packet Page. 580 Packet Page. 581 ATTACHMENT G University Hill Final SEIR Addendum Link Packet Page. 582 https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:5a989e44-6d36-4740-8cdd- 68c1fe5fde28 Packet Page. 583 ATTACHMENT H University Hills Final SEIR Addendum Appendix’s Link Packet Page. 584 https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:47e97317-553a-4951-b780- 35d4f7fc18bd Packet Page. 585 ATTACHMENT I University Hills-Fire Protection Plan (Draft) Packet Page. 586 DRAFT Preliminary Fire Protection Plan University Hills JULY 2025 Prepared for: ENCORE UNIVERSITY HILLS LLC 3333 Michelson Drive, #620 Irvine, California 92612 Contact: David Hardy, Director of Forward Planning and Entitlements Prepared by: 3600 Lime Street Building 2 Riverside, California 92501 Packet Page. 587 Printed on 30% post-consumer recycled material. Packet Page. 588 14428 i JULY 2025 Table of Contents SECTION PAGE NO. Acronyms and Abbreviations.............................................................................................................................................v Executive Summary ......................................................................................................................................................... vii 1 Introduction..........................................................................................................................................................1 1.1 Intent.......................................................................................................................................................2 1.2 Applicable Codes and Existing Regulations..........................................................................................2 1.3 Project Summary....................................................................................................................................3 1.3.1 Location.....................................................................................................................................3 1.3.2 Project Description ...................................................................................................................4 2 Project Site Risk Analysis.................................................................................................................................. 11 2.1 Field Assessment ................................................................................................................................ 11 2.2 Project Site Characteristics and Fire Environment............................................................................ 11 2.2.1 Topography............................................................................................................................. 12 2.2.2 Climate ................................................................................................................................... 12 2.2.3 Vegetation .............................................................................................................................. 13 2.2.4 Fire History ............................................................................................................................. 13 2.3 Analysis of Wildfire Risk from Adding New Development ................................................................. 14 2.4 Off-site Wildfire Impacts...................................................................................................................... 19 2.4.1 Vegetation Management....................................................................................................... 20 2.4.2 Firefighter Response ............................................................................................................. 21 2.4.3 Ignition Resistant and Noncombustible Construction......................................................... 21 2.4.4 Shelter in Place Capability..................................................................................................... 22 2.4.5 Wildfire Risk Awareness Education ...................................................................................... 24 3 Anticipated Fire Behavior ................................................................................................................................. 27 3.1 Fire Behavior Modeling ....................................................................................................................... 27 3.2 Fire Behavior Modeling Analysis......................................................................................................... 27 3.3 Fire Behavior Modeling Results.......................................................................................................... 29 3.3.1 Existing Conditions................................................................................................................. 30 3.3.2 Post-Development Conditions...............................................................................................30 3.4 Project Area Fire Risk Assessment..................................................................................................... 32 4 Emergency Response and Service................................................................................................................... 35 4.1 Emergency Response Fire Facilities................................................................................................... 35 4.1.1 Emergency Response Travel Time Coverage....................................................................... 36 4.2 Estimated Calls and Demand for Service from the Project .............................................................. 38 Packet Page. 589 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 ii JULY 2025 5 Fire Safety Requirements-Infrastructure, Building Ignition Resistance, and Defensible Space.................. 43 5.1 Fire Apparatus Access......................................................................................................................... 43 5.1.1 Roads...................................................................................................................................... 44 5.1.2 Gates ...................................................................................................................................... 46 5.1.3 Premises Identification.......................................................................................................... 47 5.1.4 Ongoing Infrastructure Maintenance.................................................................................... 48 5.1.5 Pre-Construction Requirements............................................................................................ 48 5.2 Infrastructure and Fire Protection Systems....................................................................................... 48 5.2.1 Water Supply.......................................................................................................................... 48 5.2.2 Hydrants................................................................................................................................. 48 5.2.3 Automatic Fire Sprinkler Systems......................................................................................... 48 5.3 Ignition Resistant Construction and Fire Protection Systems .......................................................... 49 5.4 Defensible Space and Vegetation Management............................................................................... 50 5.4.1 San Bernardino County Fuel Modification Zone Standards and Defensible Space .......... 51 5.4.2 San Bernardino County Fuel Modification Zones ................................................................ 51 5.4.3 Ongoing Infrastructure and FMZ Maintenance.................................................................... 54 5.4.4 Construction Phase Vegetation Management ..................................................................... 54 5.5 Pre-Construction Defensible Space Requirements........................................................................... 55 6 Wildfire Education Program.............................................................................................................................. 67 6.1 Recognition for Fire Safety and Maintaining Fire Insurance ............................................................ 67 7 Conclusion......................................................................................................................................................... 69 8 List of Preparers................................................................................................................................................ 73 9 References ........................................................................................................................................................ 75 TABLES 1 Fuel Models Used for Fire Behavior Modeling ................................................................................................ 28 2A Fuel Moisture and Wind Inputs........................................................................................................................ 28 2B Fuel Moisture and Wind Inputs........................................................................................................................ 28 3 Modeling Results for Existing Conditions ........................................................................................................ 30 4 Modeling Results for Post-Project Conditions................................................................................................. 31 5 Fire Suppression Interpretation ....................................................................................................................... 32 6 Closest Responding SBCFPD Fire Station Summary ...................................................................................... 36 7 Project Emergency Response Analysis using Speed Limit Formula .............................................................. 37 8 Project Emergency Response Analysis using ISO Formula............................................................................. 37 9 Calculated Call Volume (Conceptual Based on 1,050 residents) for Project Site........................................ 39 Packet Page. 590 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 iii JULY 2025 EXHIBITS 1 Example of “higher density” development. ..................................................................................................... 16 2 Example of “moderate density” development................................................................................................. 17 3 Example of “lower density” development........................................................................................................ 18 FIGURES 1 Fire Hazard Severity Zone....................................................................................................................................5 2 Project Location ...................................................................................................................................................7 3 Proposed Site Plan...............................................................................................................................................9 4 BehavePlus Analysis Map................................................................................................................................. 33 5 SBCFPD Fire Stations Map............................................................................................................................... 41 6 View 1 Fuel Modification Plan — Parcel 1........................................................................................................ 57 6 View 2 Fuel Modification Plan — Parcel 1........................................................................................................ 59 6 View 3 Fuel Modification Plan — Parcel 1........................................................................................................ 61 6 View 4 Fuel Modification Plan — Parcel 1........................................................................................................ 63 6 View 5 Fuel Modification Plan — Parcel 1........................................................................................................ 65 APPENDICES A Representative Photo Log B Fire History Map C BehavePlus Fire Behavior Modeling Summary D Ignition-Resistant Construction Requirements E Prohibited Plant List Packet Page. 591 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 iv JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 592 14428 v JULY 2025 Acronyms and Abbreviations AA c r o n y m aa n dd AA b b r e v i a t i o nn DD e f i n i t i o n AMR American Medical Response AMSL above mean sea level APN Assessor’s Parcel Number BOA Bill of Assurance BTU British Thermal Unit CAL FIRE California Department of Forestry and Fire Protection CBC California Building Code CDI California Department of Insurance CC&R Covenants, Conditions and Restrictions CFC California Fire Code CRC California Residential Code SBCMWD San Bernardino County Municipal Water District FAHJ Fire Authority Having Jurisdiction FHSZ Fire Hazard Severity Zone FMZ Fuel Modification Zone FPP Fire Protection Plan FRA Federal Responsibility Area FRAP Fire and Resource Assessment Program FS Fire Station HOA Homeowners Association (HOA) IBC International Building Code ICEMA Inland Counties Emergency Medical Agency IFC International Fire Code IRC International Residential Code I-215 Interstate 215 LRA Local Responsibility Area MPH miles per hour NFPA National Fire Protection Association PRC Public Resources Code Project University Hills SBCFPD San Bernardino County Fire Protection District SRA State Responsibility Area VHFHSZ Very High Fire Hazard Severity Zone WUI Wildland Urban Interface Packet Page. 593 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 vi JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 594 14428 vii JULY 2025 Executive Summary This Preliminary Fire Protection Plan (FPP) has been prepared for the University Hills (Project) single-family detached residential units located north of California State University San Bernardino campus on the opposite side of Badger Hill in the County of San Bernardino, California. The Project is proposed construction of three-hundred and twenty- seven (327) single-family detached residential units; to include related on-site improvements that encompasses a span of 338.80 acres total gross area. This FPP provides measures for fire protection that meet the applicable portions of San Bernardino County Fire Protection District (SBCFPD) standards and further evaluates and identifies the potential fire risk associated with the Project’s land uses and identifies requirements for water supply, fuel modification and defensible space, access, building ignition and fire resistance, and fire protection systems, among other pertinent fire protection criteria. The purpose of this plan is to generate and memorialize the fire safety requirements and standards of the SBCFPD along with project-specific measures based on the site, its intended use, and its fire environment. This document provides analysis of the site’s fire environment and its potential impact on the Project as well as the Project’s potential impact on the existing fire protection service. Tasks completed in preparation of this FPP include data review, code review, site fire risk analysis, land use plan review, fire behavior modeling, and site-specific recommendations. Requirements and recommendations herein are based on site-specific fire environment analysis and Project characteristics and incorporates area fire planning documents, site risk analysis, and standard principles of fire protection planning. As determined during the analysis of this site and its fire environment, the Project, in its current condition, may include characteristics that, under favorable weather conditions, could have the potential to facilitate fire spread. Under extreme conditions, wind-driven wildfires from the north and/or east could cast embers onto the property. Once the Project site is developed, the on-site fire potential will be much lower than its current condition due to conversion of wildland fuels to building footprints, parking areas, managed landscapes, fuel modification areas, improved accessibility for fire personnel, and structures built to the latest ignition and ember resistant fire codes. It is important to note that the fire safety requirements that will be implemented on this site, including ignition resistant construction standards, along with requirements for water supply, fire apparatus access, fuel modification and defensible space, the installation of National Fire Protection Association (NFPA) 13D automatic interior fire sprinkler systems within each of the residential buildings, and fire response travel times were integrated into the code requirements and internal guidelines based on results of post-fire assessments, similar to the After Action Reports that are now prepared after large fire events. When it became clear that specifics of how structures were built, how fire and embers contributed to ignition of structures, what effects fuel modification had on structure ignition, how fast firefighters could respond, and how much (and how reliable) water was available, were critically important to structure survivability, the Fire and Building codes were revised appropriately. San Bernardino County now boasts some of the most restrictive codes for building within Wildland Urban Interface (WUI) areas that focus on preventing structure ignition from heat, flame, and burning embers. The proposed Project of three-hundred twenty-seven (327) single-family detached residential units encompass a span of 338.80 acres total gross area. The Project represents an amendment to the previously approved University Hills Specific Plan, incorporating 36.46 acres for residential uses, 20.64 acres for streets, alongside 46.86 acres dedicated to open space and parks. Additionally, 234.84 acres are deemed as a designated remainder. This area has been identified as a Hazardous Fire Area in the City of San Bernardino. The entire site has been designed with Packet Page. 595 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 viii JULY 2025 fire protection as a key objective. The site improvements are designed to facilitate emergency apparatus and personnel access throughout the site. Driveway and road improvements with fire engine turnouts and turnarounds provide access to within 150 feet of the structures. Water availability and flow will be consistent with requirements including fire flow and hydrant distribution required by local and state codes. These features along with the ignition resistance of all structures, NFPA 13D automatic interior fire sprinkler systems, and the pre-planning, training and awareness will assist responding firefighters through prevention, protection, and suppression capabilities. As detailed in this FPP, the Project’s fire protection systems will include a redundant layering of protection methods that have been proven to reduce overall fire risk. The fire safety measures included herein, both required and recommended, are performance based and site–specific, considering the Project’s unique characteristics rather than a prescriptive, one-size-fits-all approach. The fire protection systems are designed to increase building safety, as well as the safety of those occupying the structure, reduce the fire risk on site, minimize risks associated with typical uses, and aid the responding firefighters during an emergency. No singular measure is intended to be relied upon for the site’s fire protection, but rather, a system of fire protection measures, methods, and features combine to result in enhanced fire safety, reduced fire potential, and improved safety in the development. Based on the results of this FPP’s analysis and findings, the following FPP implementation measures will be provided as part of the proposed development plan. Based on the analysis conducted herein, the Project meets all fire and building code requirements and includes appropriate protections for the fire environment in which it is located. These measures are discussed in more detail throughout this FPP. 1. The proposed buildings will be constructed of ignition resistant1 construction materials and each single- family detached residential unit will include the installation of a National Fire Protection Association (NFPA) 13D automatic interior fire sprinkler system based on the latest adopted Building and Fire Codes for occupancy types. 2. Fuel Modification will be provided around the perimeter of Project site, as required by SBCFPD and will be a minimum of 100 feet wide in all directions through on-site Fuel Modification Zones (FMZ) and Defensible Space or a combination of on-site and off-site FMZ equivalent areas. 3. Paved roads are provided throughout the Project site. 4. Landscape plantings will not utilize prohibited plants that have been found to be highly flammable; landscape plant material must be drought tolerant and fire-resistant plantings recommended by the SBCFPD for use in Fuel Modification Zones (See Appendix E,Prohibited Plant List). 5. Fire apparatus access roads (i.e., public, and private streets) will be provided throughout the residential development and will vary in width and configuration but will all provide at least the minimum required unobstructed travel lanes, lengths, turnouts, turnarounds, width, and clearances required by applicable codes. Primary access and internal circulation will comply with the requirements of the SBCFPD. 6. Each of the single-family detached residential units will be equipped with automatic residential interior fire sprinkler systems respectively meeting NFPA 13D and SBCFPD requirements for the occupancy type. 7. Water capacity and delivery will be provided by a reliable water source for operations and during emergencies requiring extended fire flow. 1 A type of building material that resists ignition or sustained flaming combustion sufficiently to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames, as prescribed in CBC, Chapter 7A and State Fire Marshal Standard 12-7A-5, Ignition-Resistant Materials. Packet Page. 596 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 ix JULY 2025 8. FMZ Inspections. The University Hills Homeowners Association (HOA) will hire a 3rd party, SBCFPD- approved, FMZ inspector and landscape plan reviewer to provide annual certification (written report submitted to SBCFPD by May 1) that the HOA maintained property including all FMZs and met the requirements of this FPP. 9. Should future iterations of the Project’s site plan result in buildings that do not achieve a minimum of 100 feet of defensible space, then alternative materials and methods may be proposed to provide the functional equivalency of a full 100 feet of defensible space. Alternative materials and methods will be to the satisfaction of the SBCFPD and may include structural hardening enhancements or landscape features, like non-combustible walls. The following measures shall be established in the Covenants, Conditions and Restrictions (CC&Rs) for the Project and implemented by the Project’s Bill of Assurance (BOA) or Property Manager. Annual maintenance should occur before May 1st of each year and be inspected by SBCFPD or an approved third party. 1. On-going maintenance of all fuel modification zones would occur at least annually or as needed by the Project’s Property Manager and/or BOA, or another approved entity. 2. The property owner and/or property management company will provide informational brochures at time of occupancy, which will include an outreach and educational role to ensure fire safety measures detailed in this FPP have been implemented and development-wide “Ready, Set, Go!”2 plans prepared. Early evacuation for any type of wildfire emergency within the development is the preferred method of providing business safety, consistent with the SBCFPD’s current approach for evacuation. As such, the Project will formally adopt, practice, and implement a “Ready, Set, Go!” approach to Project site evacuation. The “Ready, Set, Go!” concept is widely known and encouraged by the state of California and most fire agencies, including; Pre-planning for emergencies, including wildfire emergencies, focuses on being prepared, having a well-defined plan, minimizing potential for errors, maintaining the Project site’s fire protection systems, and implementing a conservative (evacuate as early as possible) approach to evacuation and Project site uses during periods of fire weather extremes. This FPP provides a detailed analysis of the Project, the potential risk from wildfire, and potential impacts on the SBCFPD, as well as analysis on meeting or exceeding the requirements of San Bernardino County. Further, this FPP provides requirements, recommendations, and measures to reduce the risk and potential impacts to acceptable levels, as determined by the SBCFPD. 2 https://sbcfire.org/readysetgofire/ Packet Page. 597 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 x JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 598 14428 1 JULY 2025 1 Introduction This Preliminary Fire Protection Plan (FPP) has been prepared for the proposed University Hills single-family detached residential unit development (Project) in the County of San Bernardino (County), California. The purpose of this FPP is to evaluate the potential impacts resulting from wildland fire hazards associated with the Project’s land uses and identify and verify the proposed implementation measures adequately mitigate those risks to a level consistent with the County thresholds. Additionally, this plan established and memorializes the fire safety requirements and standards of the Fire Authority Having Jurisdiction (FAHJ), which is the San Bernardino County Fire Protection District (SBCFPD). Requirements, standards, and recommendations are based on Project-specific design features and incorporate input from the Project applicant, planners, engineers, and architects, as well as the SBCFPD. As part of the assessment, the FPP has considered the fire risks presented by the Project site including the property location, the site’s topography, geology, surrounding combustible vegetation (fuel types), climatic conditions, fire history, and proposed land uses for the Project site and the surrounding area. The plan addresses water supply, access, structural ignitability and fire resistive building features, fire protection systems and equipment, impacts to existing emergency services, defensible space, and vegetation management for the Project site and to address potential fire impacts to the surrounding area. This FPP also identifies and prioritizes areas for hazardous fuel reduction treatments and recommends the types and methods of treatment that will protect structures and essential infrastructures within the Project site. The FPP also recommends measures that developer and builders and the Property Manager will take to reduce the probability of structural and vegetation ignition. The Project is located within the boundaries of the SBCFPD and thus the FPP addresses the SBCFPD’s response capabilities and response travel time within the Project area, along with projected funding for facility improvements and fire service maintenance. The following tasks were performed toward the completion of this plan: Gather Project site specific climate, terrain, and fuel data; Collect Project site photographs; Process and analyze the data using the latest geographic information system (GIS) technology; Predict fire behavior using scientifically based fire behavior models, comparisons with actual wildfires in similar terrain and fuels, and experienced judgment; Analyze and guide design of proposed infrastructure; Analyze the existing emergency response capabilities; Assess the potential fire risk posed by the construction and operation of the Project to the Project site and surrounding area; and Prepare this FPP detailing how fire risk will be mitigated on the Project site and in the surrounding areas, Through a system of fuel modification, structural ignition resistance enhancements, and fire protection delivery system upgrades. Packet Page. 599 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 2 JULY 2025 Field observations were utilized to augment existing digital Project site data in generating the fire behavior models and formulating the recommendations presented in this FPP. Refer to Appendix A,Representative Photo Log for Project site photographs of existing conditions. 1.1 Intent The intent of this FPP is to provide fire planning guidance and requirements for reducing fire risk and demand for fire protection services associated with the Project. To that end, the fire protection “system” detailed in this FPP includes redundant layering of measures, including pre-planning, fire prevention, fire protection, passive and active suppression, and related measures proven to reduce fire risk. The fire protection system planned for the Project has proven, through real-life wildfire encroachment examples throughout Southern California, to reduce the fire risk associated with this type of residential development. 1.2 Applicable Codes and Existing Regulations The FPP demonstrates that the Project site would comply with the San Bernardino County Fire Protection District (SBCFPD) Fire Code (Ordinance No. FPD 23-01), San Bernardino County Development Code, Chapter 82.13 Fire Safety Overlay and California Code of Regulations, Title 24, Part 2, 2022 California Building Code (CBC), including Chapter 7A, which is based on the 2021 International Building Code, Part 2.5, 2022 California Residential Code (CRC), which is based on the 2021 International Residential Code (IRC), and Part 9, 2022 California Fire Code (CFC), including Chapter 49, which is based on 2021 International Fire Code (IFC). Additionally, SBCFPD references Fire Standards for informational purposes in clarifying and interpreting provisions of CFC, National Fire Protection Association (NFPA) and California Public Resources Code (PRC). Chapter 7A of the CBC addresses structural ignition resistance and reducing ember penetration into structures, a leading cause of structure loss from wildfires (California Building Standards Commission, 2023). Thus, code compliance is a critical component of the requirements of the FPP, given the Project’s wildland-urban interface (WUI) location and fire hazard severity zone designation. The entire Project site is located within an area considered to be a Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone (VHFHSZ) as designated by CAL FIRE3. Areas to west and south of the Project site are LRA High Fire Hazard Severity Zones (HFHSV) and Moderate Fire Hazard Severity Zones (MFHSVZ) (see Figure 1, Fire Hazard Severity Zone). It should be noted that CAL FIRE released new LRA FHSZ maps for Southern California on March 24, 2025. Local agencies have 120 days from receiving the maps from CAL FIRE to adopt the new maps or provide modifications that are additive. The review and possible acceptance of FHSZ designations in State Responsibility Area (SRA), LRA, and FRA will be in compliance with California Government Code Sections 51175 through 51189. Fire hazard designations are based on topography, vegetation, and weather, among other factors with more hazardous sites, including steep terrain, unmaintained fuels, and vegetation, and WUI locations. Projects situated in high and very high FHSZ areas require fire hazard analysis and the application of fire protection measures to create ignition-resistant structures and defensible communities within these WUI locations. HFHSZ and VHFHSZ designations do not, in and of themselves, indicate that it is unsafe to build in these areas. As described in this FPP, the University Hills Project site will meet all applicable fire and building code requirements for building in these higher fire hazard areas or meet the intent of the code through the application of Project site- specific fire protection measures. These codes have been developed through decades of post-fire structure saving 3 https://experience.arcgis.com/experience/6a9cb66bb1824cd98756812af41292a0 Packet Page. 600 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 3 JULY 2025 and loss evaluations to determine what causes building loss during wildfires. The resulting fire codes now focus on mitigating former structural vulnerabilities through construction techniques and materials so that the buildings are resistant to ignitions from direct flames, heat, and embers, as indicated in the 2022 CBC (Chapter 7A, Section 701A Scope, Purpose, and Application) (California Building Standards Commission, 2023). The Proposed Project will also be consistent with the following codes and regulations: A e s f e 2 a g ,g .A Materials and Construction Methods for Exterior Wildfire Exposure: minimum standards for a new building located in a WUI area to resist the intrusion of flame or burning embers projected by a vegetation fire. Applicable s f e 2 a e ,g r 9 s d d , d o y D 2 e )Requirements for Wildland-Urban Interface Fire Areas: minimum standards to increase the ability of a building to resist the intrusion of flame or burning embers being projected by a vegetation fire. California c s ,.,t ,.,.minimum fire safety standards related to defensible space in Hazardous Fire Areas; .Defensible space maintenance on Mountainous, Forest-, Brush- and Grass-Covered Lands. California t ,e ,.,t ,.,.Very High Fire Hazard Severity Zones. It should be noted the Project site is located within an area considered to be a LRA VHFHSZ as designated by CAL FIRE. California t ,e ,.,.4 .requirements for tentative map approval in a very high fire hazard severity zone. 1.3 Project Summary 1.3.1 Location The Project proposes construction of three hundred and twenty-seven (327) single-family detached residential units located north of California State University San Bernardino campus on the opposite side of Badger Hill in the County of San Bernardino, California. Regional access to the Project site is provided by Interstate 215 (I-215) from the University Parkway Exit. Local access to the site is provided along Badger Canyon Road. The existing site and surrounding areas are shown in Figure 2, Project Location. The Project site covers a total gross area of 338.80 acres, including 36.46 acres designated for three-hundred twenty-seven (327) single-family detached residential units, 20.64 acres for streets, and 46.86 acres allocated to open space and parks. An additional 234.84 acres are identified as a designated remainder within Tentative Tract Map No. 20595. The site is identified by Assessor’s Parcel Numbers (APNs) 0265-041-12-0-000, 0265-051-09-0- 000, 0265-021-13-0-00, 0265-011-07-0-000, 0265-01-08-0-000, and 0265-011-06-0-000. The site is bounded on the north by a designated remainder APN: 0265-021-13, on the east APN: 0265-031-25, on the south by open space flood control basin and further APN: 0265-041-15, and on west by open space and further APN: 0265-041- 15 (Figure 2). A site visit conducted on February 24, 2025, by a Dudek Fire Protection Planner indicated that the site is currently vacant and undeveloped with naturally occurring vegetation which consists of low growing highly combustible plant species. The site is characterized by a large flat valley that is slightly sloping south. The Project site’s existing conditions are shown in Appendix A, Representative Photo Log. Packet Page. 601 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 4 JULY 2025 1.3.2 Project Description The University Hills Project (Project) proposes the development of three-hundred twenty seven (327) residential lots on a parcel of approximately 338.80 acres, located within thein the Hazardous Fire Area in the City of San Bernardino (Figure 3, Proposed Site Plan). The Project represents an amendment to the previously approved University Hills Specific Plan, incorporating 36.46 acres for residential and related uses, alongside 46.86 acres dedicated to open space and parks. Additionally, 234.84 acres are deemed as a designated remainder. Packet Page. 602 y{ y{ y{ y{ ]^ Pr o j e c t S i t e - P a r c e l 1 FH S Z i n L R A - R e c l a s s i f i e d f r o m S R A Ve r y H i g h Hi g h Mo d e r a t e FH S Z i n L R A - R e c o m m e n d e d 2 0 0 7 - 2 0 1 1 Ve r y H i g h FH S Z i n S R A - E f f e c t i v e A p r i l 1 , 2 0 2 4 Ve r y H i g h Hi g h Mo d e r a t e 0 3 , 0 0 0 1, 5 0 0 Fe e t Date: 3/18/2025 User: lterry Path: Z:\Projects\j1442800\MAPDOC\UniversityHills_Fire.aprx Map: FHSZ Layout: Figure 3 FHSZ - Par1 SO U R C E : U S G S 2 0 2 4 ; C A L F I R E 2 0 2 4 FI G U R E 1 Fi r e H a z a r d S e v e r i t y Z o n e Fi r e P r o t e c t i o n P l a n - U n i v e r s i t y H i l l s P r o j e c t Packet Page. 603 UN I V E R S I T Y H I L L S / P R E L I M I N A R Y F I R E P R O T E C T I O N P L A N 14 4 2 8 6 JU L Y 2 0 2 5 IN T E N T I O N A L L Y L E F T B L A N K Packet Page. 604 18 18 20 6 21 5 Pr o j e c t L o c a t i o n Fi r e P r o t e c t i o n P l a n - U n i v e r s i t y H i l l s P r o j e c t SO U R C E : U S A T o p o M a p s 7 . 5 M i n u t e S e r i e s S a n B e r n a r d i n o N o r t h Q u a d r a n g l e To w n s h i p 1 N ; R a n g e 4 W ; S e c t i o n 4 - 5 a n d 8 - 9 Date: 3/18/2025 - Last saved by: lterry - Path: Z:\Projects\j1442800\MAPDOC\DOCUMENT\FPP\Figure 1 Project Location-Par1.mxd Pr o j e c t S i t e - P a r c e l 1 FI G U R E 2 I m p e r i a l C o u n t y I n y o C o u n t y R i v e r s i d e C o u n t y 39 5 66 95 24 3 18 24 7 74 91 20 6 33 0 17 8 17 3 86 17 7 79 78 60 14 2 58 38 11 1 13 8 12 7 5 15 60 5 21 5 10 15 21 0 40 40 5 S A N B E R N A R D I N O C O U N T Y Pr o j e c t Si t e 0 2 , 0 0 0 1, 0 0 0 Fe e t Pa r c e l 1 Packet Page. 605 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 8 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 606 Date: 7/7/2025 User: kholmes Path: Z:\Projects\j1442800\MAPDOC\UniversityHills_Fire.aprx Map: Proposed Site Plan Layout: Figure 3 - Proposed Site Plan_20250707 0 3 7 0 18 5 Fe e t SO U R C E : K i m l e y H o r n 2 0 2 5 Fi r e P r o t e c t i o n P l a n - U n i v e r s i t y H i l l s P r o j e c t Pr o p o s e d S i t e P l a n FI G U R E 3 SA N B E R N A R D I N O C O U N T Y FL O O D C O N T R O L D I S T R I C T PR O P E R T Y N C A M P U S P A R K W A Y ST A T E O F C A L I F O R N I A P R O P E R T Y EX. U N I V E R S I T Y CAM P U S C I R C L E SA N B E R N A R D I N O C O U N T Y FL O O D C O N T R O L D I S T R I C T PR O P E R T Y ST A T E O F C A L I F O R N I A P R O P E R T Y TO T A L L O T C O U N T = 3 2 7 Packet Page. 607 UN I V E R S I T Y H I L L S / P R E L I M I N A R Y F I R E P R O T E C T I O N P L A N 14 4 2 8 1 0 JU L Y 2 0 2 5 IN T E N T I O N A L L Y L E F T B L A N K Packet Page. 608 14428 11 JULY 2025 2 Project Site Risk Analysis 2.1 Field Assessment After reviewing available digital study area information, including topography, vegetation types, fire history, and the Project’s development footprint, a Dudek Fire Protection Planner conducted a field assessment of the University Hills Project area in February 24, 2025, in order to confirm and acquire Project site information, document existing conditions, and to determine potential actions for addressing the protection of the Project’s structures. While on the Project site, Dudek’s Fire Protection Planner assessed the area’s topography, natural vegetation, fuel loading, surrounding land use and general susceptibility to wildfire. The completed field tasks include: Vegetation estimates and mapping refinements. Fuel load analysis. Topographic features documentation. Photograph documentation. Confirmation and verification of hazard assumptions. Off-site, adjacent property fuel and topography conditions. The surrounding land use confirmations. Necessary fire behavior modeling data collection. Ingress and egress documentation. Nearby Fire Station reconnaissance. Study area photographs were collected (refer to Appendix A, Representative Photo Log), and fuel conditions were mapped using aerial images. Field observations were utilized to augment existing Project site data in generating the fire behavior models and formulating the recommendations detailed in this FPP report. 2.2 Project Site Characteristics and Fire Environment Fire environments are dynamic systems and include many types of environmental factors and Project site characteristics. Fires can occur in any environment where conditions are conducive to ignition and fire movement. Areas of naturally vegetated open space are typically comprised of conditions that may be favorable to wildfire spread. The three major components of fire environment are topography, climate, and vegetation (fuels). The state of each of these components and their interactions with each other determines the potential characteristics and behavior of a fire at any given moment. It is important to note that wildland fire may transition to urban fire if structures are receptive to ignition. Structure ignition depends on a variety of factors and can be prevented through a layered system of protective features including fire resistive landscapes directly adjacent to the structure(s), application of known ignition resistive materials and methods, and suitable infrastructure for firefighting purposes. Understanding the existing wildland vegetation and urban fuel conditions on and adjacent to the Project site is necessary to understand the potential for fire within and around the Project site. The following sections discuss the Project site characteristics, local climate, and fire history within and surrounding the Project site. The University Hills Project is similar concerning topography, vegetative cover, and proximity to Packet Page. 609 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 12 JULY 2025 adjacent residential areas, available access, and planned use. The following sections discuss the characteristics of the Project site at a regional scale. The intent of evaluating conditions at this macro-scale is providing a better understanding of the regional fire environment, which is not constrained by property boundary delineations. 2.2.1 Topography Topography influences fire risk by affecting fire spread rates. Typically, steep terrain results in faster fire spread up- slope and slower fire spread down-slope in the absence of wind. Terrain that forms a funneling effect, such as chimneys, chutes, or saddles on the landscape can result in especially intense fire behavior. Conversely, flat terrain similar to this Project site, tends to have an insignificant effect on fire spread, resulting in fires that are driven by vegetation and wind. The overall Project site is relatively flat as it sits in large flat valley that is slightly sloping south, away from the San Bernardino Mountains towards the base of Badger Hill. Elevations at the Project site range from approximately 1,613 feet above mean sea level (AMSL) at the southern boundary to 1,865 feet AMSL at the northern limits of the site. Adjacent open space slightly slopes down along the western and southern borders of the project site. 2.2.2 Climate Throughout Southern California and particularly at the Project site, climate plays a significant role in influencing fire risk. The region experiences a typical Mediterranean climate, characterized by warm, dry summers and cool, wet winters. Average high temperatures range from approximately 43°F in December to around 96°F in August. Precipitation has been averaging between 0.04 inches to 2.3 inches and typically occurs between November to April. The average hourly wind speed ranges between 5.3 mph and 7.1 mph. The prevailing wind direction is an onshore flow from the west.4 From a regional perspective, the fire risk in southern California can be divided into three distinct “seasons” (Nichols et al. 2011, Baltar et al 2014). The first season, the most active season and covering the summer months, extends from late May to late September. This is followed by an intense fall season characterized by fewer but larger fires. This season begins in late September and continues until early November. The remaining months, November to late May cover the mostly dormant, winter season. Mensing et al. (1999) and Keeley and Zedler (2009) found that large fires in the region consistently occur at the end of wet periods and the beginning of droughts. Fires can be a significant issue during summer and fall, before the rainy period, especially during dry Santa Ana wind events. Although Santa Ana events can occur anytime of the year, they generally occur during the autumn months, although the last few years have resulted in spring (April - May) and summer events. Santa Ana winds may gust up to 75 miles per hour (mph) or higher. This phenomenon markedly increases the wildfire danger and intensity in the Project area by drying out and preheating vegetation (fuel moisture of less than 5% for 1-hour fuels is possible) as well as accelerating oxygen supply, and thereby, making possible the burning of fuels that otherwise might not burn under cooler, moist conditions. The prevailing wind pattern is from the west (onshore), but the presence of the Pacific Ocean causes a diurnal wind pattern known as the land and sea breeze system. During the day, winds are from the west–southwest (sea), and at night winds are from the northeast (land). The highest wind velocities are associated with downslope, canyon, and Santa Ana winds. 4 https://weatherspark.com/y/1969/Average-Weather-in-San-Bernardino-California-United-States-Year-Round Packet Page. 610 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 13 JULY 2025 2.2.3 Vegetation 2.2.3.1 Fuels (Vegetation) The proposed Project site and surrounding areas primarily support low- to- moderate-load sage scrub plant communities intermixed with non-native grasslands, and disturbed habitat. Vegetation types were derived from an on-site field assessment of the Project site. The majority of the areas adjacent to the Project site are vegetated with sage scrub interspersed with grasses, riparian, and sparse deciduous trees. The vegetation cover types were assigned corresponding fuel models for use during Project site fire behavior modeling. Section 3.0 describes the fire modeling conducted for the Project Area. 2.2.3.2 Vegetation Dynamics The vegetation characteristics described above are used to model fire behavior, discussed in Section 3.0 of this FPP. Variations in vegetative cover type and species composition have a direct effect on fire behavior. Some plant communities and their associated plant species have increased flammability based on plant physiology (resin content), biological function (flowering, retention of dead plant material), physical structure (bark thickness, leaf size, branching patterns), and overall fuel loading. For example, non-native grass dominated plant communities become seasonally prone to ignition and produce lower intensity, higher spread rate fires. In comparison, sage scrub can produce higher heat intensity and higher flame lengths under strong, dry wind patterns, but does not typically ignite or spread as quickly as light, flashy grass fuels. As described, vegetation plays a significant role in fire behavior and is a critical component to the fire behavior models discussed in this report. A critical factor to consider is the dynamic nature of vegetation communities. Fire presence and absence at varying cycles or regimes disrupts plant succession, setting plant communities to an earlier state where less fuel is present for a period of time as the plant community begins its succession again. Simply stated, high frequency fires tend to convert shrublands to grasslands or maintain grasslands, while fire exclusion tends to convert grasslands to shrublands, over time. In general, biomass and associated fuel loading will increase over time, assuming that disturbance (fire, or grading) or fuel reduction efforts are not diligently implemented. It is possible to alter successional pathways for varying plant communities through manual alteration. This concept is a key component in the overall establishment and maintenance of the proposed fuel modification zones on-site. The fuel modification zones on the Project site will consist of irrigated and maintained landscapes as well as thinned native fuel zones that will be subject to regular “disturbance” in the form of maintenance and will not be allowed to accumulate excessive biomass (live or dead) over time, which results in reduced fire ignition, spread rates, and intensity. Conditions adjacent to the Project’s footprint (outside the fuel modification zones), where the wildfire threat will exist post-development, are classified as low to medium fuel loads due to the dominance of sage scrub-grass fuels. 2.2.4 Fire History Fire history is a critical component of an FPP. Fire history data provides valuable information regarding fire spread, fire frequency, most vulnerable areas, and significant ignition sources, amongst others. In turn, this understanding of why fires occur in an area and how they typically spread can then be used for pre-planning and designing defensible communities. Packet Page. 611 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 14 JULY 2025 Fire history represented in this FPP uses the Fire and Resource Assessment Program (FRAP) database. FRAP summarizes fire perimeter data dating to the early 1900s but is incomplete due to the fact that it mostly includes fires over 10 acres in size and has incomplete perimeter data, especially before the mid-20th century (Syphard and Keeley 2016). However, the data does provide a summary of recorded fires and can be used to show whether large fires have occurred in the Project area, which indicates whether they may be possible in the future. According to available data from the CAL FIRE in the FRAP database, there have been 135 fires that have burned within 5 miles of the site since the beginning of the historical fire data record, the majority of which have burned within the San Bernadino Mountains, northeast and northwest of the Project site. Recorded wildfires within 5 miles range from approximately .38 acres to approximately 91,428 acres (2003 Old Fire). The 2003 Old Fire merged with the 2003 Grand Prix Fire crossing into Los Angeles County (2003 Padua Fire), one of the fourteen fires creating the 2003 Fire Siege. The 2003 Fire Siege combined a total of fourteen wildfires scorching over 750,000 acres in seven southern California counties5. Prior to that, the 1980 Panorama Fire (approximately 23,626 acres) destroyed three- hundred and twenty-five (325) buildings and four (4) fatalities, had been the area’s most devasting fire. The 2020 El Dorado Fire (approximately 22,774 acres) is the most significant recent fire, resulting in ten (10) destroyed structures, six (6) damaged structures and one firefighter death. There have been only two (2) fires on record that have burned on the Project site, the 1967 County Roads #15 Fire (approximately 453 acres) and the 1979 Sierra Series (approximately 1,838 acres)6. SBCFPD may have data regarding smaller fires (other fires less than 10 acres) that have occurred on-site that have not been included herein. Fire history for the general vicinity of the Project site is illustrated in Appendix B,Fire History Map. Based on an analysis of the fire history data set, specifically, the years in which the fires burned, the average interval between wildfires within 5 miles of the site was calculated to be approximately every one to two years with intervals ranging between 0 (multiple fires in the same year) to 11 years. It should be noted that the longer end of this interval is from the first half of the 20th century, where the database is incomplete. Based on the analysis, it is expected that there will be wildland fires within 5 miles of the site at least every 11 years and on average, every one or two years, as observed in the fire history record. Based on fire history, wildfire risk for the site is associated primarily with a Santa Ana wind driven wildfire burning or spotting on-site from the north. 2.3 Analysis of Wildfire Risk from Adding New Development Humans (i.e., human related activities or human created features, services (i.e., powerlines and electrical equipment), or processes) are responsible for the majority of California wildfires (Syphard et al. 2007, 2008; Romero-Calcerrada et al. 2008). Certain human activities result in sparks, flames, or heat that may ignite vegetative fuels without proper prevention measures in place. These ignitions predominantly occur as accidents, but may also be purposeful, such as in the case of arson. Equipment and powerlines cause a substantial number of fires in San Bernardino County. After that, roadways are a particularly high source for wildfire ignitions due to high usage and vehicle-caused fires (catalytic converter failure, overheated brakes, dragging chains, tossed cigarettes, and others) (Romero-Calcerrada et al. 2008)). In Southern California, the population living at, working in, or traveling through the wildland urban interface is vast and provides a significant opportunity for ignitions every day. However, it is a relatively rare event when a wildfire occurs, and an even rarer event when a wildfire escapes initial containment efforts. Approximately 90 to 95% of wildfires are controlled below 10 acres (CAL FIRE 2019). 5 https://permanent.fdlp.gov/lps47731/2003FireStoryInternet.pdf 6 https://calfire-forestry.maps.arcgis.com/apps/mapviewer/index.html?layers=e3802d2abf8741a187e73a9db49d68fe Packet Page. 612 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 15 JULY 2025 Research indicates that contained development projects like the University Hills Project, are not associated with increased vegetation ignitions. Syphard and Keeley (2015) summarize all wildfire ignitions included in the CALFIRE Fire and Resource Assessment Program (FRAP) database dating back over 100 years. They found that equipment- caused fires were by far the most numerous – and these also accounted for most of the area burned – followed closely by the area burned by powerline fires. Ignitions classified as equipment caused frequently resulted from exhaust or sparks from power saws or other equipment with gas or electrical motors, such as lawn mowers, trimmers or tractors and associated with lower density housing. In San Diego County, and in areas like the open space areas near the Project site in San Bernardino County, ignitions were more likely to occur close to roads and structures, and at intermediate density land uses and structure densities. As Exhibits 1 through 3 illustrate, new project density directly influences susceptibility to fire because in high density projects like the University Hills Project, there is one interface (the Project perimeter) with the wildlands whereas lower density development creates more structural exposure to wildlands, less or no ongoing landscape maintenance (an intermix rather than interface), and consequently more difficulty for limited fire resources to protect well-spaced buildings. The intermix includes development amongst the unmaintained fuels whereas the proposed Project converts all fuels within the footprint and provides a wide, managed fuel modification zone separating buildings from unmaintained fuel and creating a condition that makes defense easier. The majority of the Project site will be non-combustible paved surfaces, which will function as a fuel break because it will not allow ignition or fire spread. Syphard and Keeley go on to state that “The WUI, where housing density is low to intermediate is an apparent influence in most ignition maps,” further enforcing the conclusion that lower density development poses a higher ignition risk than higher density development. They also state that “Development of low-density, exurban housing may also lead to more homes being destroyed by fire” (Syphard et al. 2013). As discussed in detail throughout this FPP, the University Hills Project site is a planned ignition resistant residential development designed to include professionally managed and maintained fire protection components, and modern fire code compliant safety features that will greatly reduce the hazard of fire spreading from the wildlands to the Project or from the Project to the adjacent wildlands. The conversion of the land within the current Project footprint to the proposed condition will reduce the amount of structures and their associated ignition potential from the dangerous state of low-density development described by Syphard and Keeley to ignition-resistant structures and Project perimeter. Therefore, the development of the Project would not be expected to materially increase the risk of vegetation ignitions and would rather be expected to have reduced ignition potential. Packet Page. 613 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 16 JULY 2025 EExhibit 11..Example of “higher density” development. Homes are ignition resistant and excludes readily ignitable vegetative fuels throughout and provides a perimeter fuel modification zone. This type of new development requires fewer fire resources to defend and can minimize the likelihood of on-site fires spreading off-site. Packet Page. 614 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 17 JULY 2025 EExhibit 22.. Example of “moderate density” development. Homes are located on larger properties and include varying levels of ignition resistance and landscape and fuel modification provision and maintenance. This type of development results in a higher wildland exposure level for all homes and does not provide the same buffers from wildfire encroaching onto the site or starting at a structure and moving into the wildlands as a higher density project. Packet Page. 615 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 18 JULY 2025 EExhibit 33.. Example of “lower density” development. Homes are interspersed amongst wildland fuels, are of varying ages, and include varying levels of fuel modification zone setbacks. Homes are exposed to most or all sides by flammable vegetation and properties rely solely on owners for maintenance, are often far distances from the nearest fire station, and have minimal buffer from on-site fire spreading to wildlands. Moreover, frequent fires and lower density housing growth may lead to the expansion of highly flammable exotic grasses that can further increase the probability of ignitions (Syphard et al. 2012). This is not the case with the Proposed Project as the landscapes are managed and maintained to remove exotic fuels that may establish over time. As discussed above, research indicates that it is less likely for higher density developments to be impacted by wildfires than lower density developments. The same protections that starve wildfire of fuels and minimize or prevent wildfire from transitioning into a contained, fuel-converted Project, such as the University Hills Project, also serve to minimize or prevent on-site fires from transitioning into the wildlands. Customized project FMZs are crucial as the strategic design and placement of fuels treatments can disrupt or slow fire spread, reduce fire intensity, and facilitate fire suppression within a landscape (Braziunas et al., 2021). This is true regardless of the direction a vegetation fire may be burning – whether toward a development or from within a development. The risk of a structure being destroyed is significantly lower when defensible space is implemented on both shallow and steep properties (Syphard et al., 2014). Even if just half the landscape is treated, the percentage of houses exposed to fire can decrease from 51% to 16% (Braziunas et al., 2021). Moreover, when FMZs are designed properly, they not only protect structures but also the surrounding environment. For example, when the Tahoe Basin experienced the Angora Fire in 2007, fuel treatments had the dual effect of saving homes and increasing forest survival (Safford et al., 2009). In areas where fuel management had been conducted prior to the Angora Fire, home loss was significantly reduced in the adjacent community and 85% of the trees survived, as compared to the 22% that Packet Page. 616 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 19 JULY 2025 survived in untreated areas (Safford et al., 2009).Fuel management treatments also facilitated the ecological benefit of reduced fire severity, including higher post-fire soil litter cover, higher herbaceous plant cover, higher diversity, and lower levels of invasive beetles (Safford et al., 2009). At a minimum, managing defensible space can reduce risk across multiple scales by damping fire risk, reducing the impact of fire, and in turn reducing annual fire risk (Braziunas et al., 2021). The University Hills Project can be compared to these high density developments as it shares similar characteristics. The majority of the Project site will be composed of non-combustible paved surfaces to reduce ignitions and fire spread. These measures will reduce the Project’s overall susceptibility to fire, compared to low density developments. Further, the requirement that all structures will include the installation of an automatic interior fire sprinkler system significantly reduces the likelihood that a building fire spreads to the point of flashover, where a structure will burn beyond control and produce embers. Interior sprinklers are very efficient, keeping fires to the room of origin, or extinguishing the fire before the responding firefighters arrive. Similarly, the irrigated fuel modification zones are positioned throughout the Project. Irrigated zones include plants with high internal moisture and spacing between plants and plant groups that 1) make it difficult to ignite and 2) make it difficult for fire to spread plant to plant. Further, much of the Project area will be converted to non-combustible paved surfaces where no fires can ignite or spread. Lastly, the additional humans on the site result in fast detection of fires and fast firefighter response, a key in limiting the growth of fires beyond the incipient stage. 2.4 Off-site Wildfire Impacts It is a relatively rare event when a wildfire occurs, and an even rarer event when a wildfire escapes initial containment efforts. Approximately 90 to 95% of wildfires are controlled below 10 acres (CAL FIRE 2019). Studies (Keeley & Syphard 2018; Syphard et al. 2007; Syphard & Keeley 2015) show the ignition resistance and fire safety awareness of the Project and its population influences the likelihood of fire ignitions and the potential for fire to spread off-site into adjacent wildland fuels and negative impact existing communities. As the research indicates, humans can drive wildfire ignition risk, but not discussed, they can also reduce it. When fire protection is implemented at the parcel level and leverages ignition resistant building materials, infrastructure improvements, and landscape design, the wildfire risk can be significantly reduced in the surrounding environment (Newman et al., 2013). When wildfire is planned for and incorporated into the building design, such as with the Project, it can not only withstand wildfire but prevent it. This prevention benefits the Project and the surrounding areas by reducing the landscape level fire risk. Further, given the Project’s multi-scale approach to fire protection, it is unlikely that the Project would be a significant source of ignitions and result in increased off-site impacts related to wildfire, as discussed herein. Common ignition sources in Southern California are related to powerlines and vehicles (Keeley & Syphard, 2018). Powerlines-based ignitions are a concern with respect to off-site wildfire impacts. The highest likelihood of vegetation ignitions in the Project area would be related to existing roadways such as the new Badger Canyon Road and existing North Campus Parkway. However, the Project provides roadside fuel modification through a fire break along Badger Canyon Road and North Campus Parkway. Ongoing maintenance of these irrigated landscapes will continue in perpetuity as part of the Project. These efforts reduce or minimize the ability for a vehicle related spark, catalytic converter failure, or other ignition source to ignite and spread fire from the roadsides towards the Project. The Project is not expected to significantly increase the already known fire risk associated with roads and in fact the Project- and road-adjacent fuel modification would aid in reducing the preexisting risk. Interior roadways in the parking lot are also not expected to result in significant vehicle ignitions. The on-site roadways would comply with all fire department access requirements and be encompassed by the ignition-resistant construction of the building, Packet Page. 617 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 20 JULY 2025 non-combustible paved surfaces, and irrigated landscaping. Therefore, even if ignition were to occur on the Project interior roadways it is highly unlikely, and less likely than current conditions that it would spread beyond the Project site due to the level of hardscape and the adjacent fuel modifications areas. Reducing WUI exposure can address the protection of a wide range of highly valued resources and can offer protection to critical resources, habitat communities, and landscapes (Scott et al., 2016). Despite the potential for more frequent fire ignitions from developments, when developments are planned accordingly, such as the Project, the fuel availability and fuel continuity decrease, while the probability of fire suppression increases (Fox et al., 2018). This is a result of planned alterations to fuel, increased ignition resistant construction, enhanced fire protection features, higher wildfire risk awareness, and maintenance of fire protection features. The dual benefit of building a fire-hardened project, like the University Hills Project, is that the same features that protect the development from wildfire also play a significant role in protecting wildlands and surrounding areas from Project- related fires. 2.4.1 Vegetation Management A study in Southern Italy found that the ignition potential of an area was significantly influenced by landcover types and human drivers were low or inconsistent (Elia et al., 2019). Urban interfaces with shrubland-dominated vegetation were found to be more fire-prone than those with grasslands or other natural spaces (Elia et al., 2019). The Project area is a mixture of non-native grasslands, sage scrub, and disturbed habitats. All the existing fuel on the site and within FMZ areas will be converted into hardscape or irrigated landscaping. The fuel conditions will be addressed through various vegetation management techniques, such as fuel modification zones (FMZs). The original intent of FMZs, also known as defensible space, was to protect natural resources from fires in developed areas and have since evolved to protect communities and structures. In an FMZ, combustible vegetation would be removed and/or modified and partially or totally replaced with more appropriately spaced drought-tolerant, fire- resistant plants. The goal is to provide a managed area where fire spread is not facilitated toward the Project or away from the Project into wildland areas. Fuel modification works by redistributing the risk of fire on a landscape and altering the interaction between fire, fuels, and weather (Cochrane et al., 2012). FMZs typically target surface fires but can also reduce the likelihood of canopy fires, lower ember cast, and have a shadow effect on the untreated landscape by lowering the probability of burning and the potential fire size (Cochrane et al., 2012). As a result, the risk of a structure being destroyed, whether from a fire from within the development or outside the development, is significantly lower when defensible space is implemented. The Project FMZ will serve to create defensible space around the structures. Defensible space adjacent to structures also functions to limit the spread of fire from the built environment into off-site vegetation because the irrigated and maintained landscapes do not readily facilitate vegetation ignition or fire spread. Implementing defensible space can reduce the likelihood of structural ignition and support landscape-level risk reduction. The FMZ areas function as fuel breaks which are crucial in reducing fire risk and facilitating effective fire prevention (Wang et al., 2021). The irrigated zone acts as a green barrier that uses specific vegetation growth, such a high-internal moisture, fire-resistive species, to reduce fire spread (Wang et al., 2021). The high-internal moisture and spacing between plant groups make it more difficult for ignition to occur and fires to spread from plant to plant. This affects fire behavior by reducing flame lengths, slowing spread rates, and lowering fire intensity. If a fire from a structure or vehicle spreads to the irrigated zone the fire-resistive species in this zone would be less likely to ignite, reducing the likelihood of the fire spreading off-site (Wang et al., 2021). The use of irrigated areas to reduce wildfire impacts can achieve wildfire mitigation and offer wildfire protection in fire-prone areas beyond the Project site (Wang et al., 2021). Further, fuel treatments also have an ecological benefit by reducing the potential fire Packet Page. 618 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 21 JULY 2025 severity which can result in high post-fire litter cover, higher herbaceous plant cover, higher biodiversity, and lower levels of invasive pests, benefiting adjacent open space areas (Safford et al., 2009). The benefits of defensible space and FMZs are not solely limited to the built environment. Positioning the low plant density, irrigated areas directly adjacent to the ember-resistant Zone 0, and implementing defensible space provides a significant buffer between structures and open space areas. These techniques aid in preventing ignitions in the built environment but also across the larger landscape. However, long-term protection of the development and the surrounding area is dependent on the maintenance of fuel modification as even fire-safe designs can degrade over time. To alleviate this the Project will conduct regular assessments of the FMZs. During this maintenance, dead and dying material and undesirable plants will be removed. Thinning will also be conducted as necessary to maintain plant spacing and fuel densities. This will keep the FMZs and landscaped areas in a highly fire resistive condition free of accumulated flammable debris and plants. Fuel treatments and defensible space do more than just protect structures. When they are a component of a place- based fire-hardened design, such as the Project, they can not only serve to protect structures from wildfire but function as a buffer for natural areas and surrounding communities. These features will further reduce the potential for wildfire in open space areas and potential impacts on surrounding communities. 2.4.2 Firefighter Response As discussed in Section 4 below, the Project is anticipated to have an insignificant impact on the workload or response capacity from the closest fire station. Further, the on-site roads would be able to provide sufficient access for fire apparatus in a high-risk area. The Project also provides water supply and fire flow which are critical resources in firefighting. The Project defensible space areas will allow firefighters to safely position themselves at the development edge and begin tactical protection efforts (Warziniack et al., 2019). This allows firefighters to not only readily protect structures and reduce the likelihood of building ignitions but also gives them a safe position to respond to off-site wildfires. Using the Project’s fire protection features firefighters would be able to use the Project as a tactical resource for protecting open space areas, whether it be from on-site or off-site fires. The Project would create additional access for fire apparatuses that were not previously existing. Enhancing firefighters’ ability to respond to an incident increases their ability to suppress a fire whether on-site or off-site. The presence of on-site fire resources increases response capacity and could be the difference between a small fire or a full conflagration. 2.4.3 Ignition Resistant and Noncombustible Construction The WUI fire problem is largely structures lacking ignition resistant features (i.e., ember resistant vents, interior sprinklers); therefore, the best mitigation is to reduce the likelihood of building ignition occurring (Zhou, 2013). Structural characteristics play a significant role in whether a building burns, which is important in WUI environments as structures also serve as fuel (Gorte, 2011). The benefit of structure-based mitigation is that it not only lowers the on-site risk but also lowers the risk of wildfire across a landscape (Mockrin et al., 2020). In WUI areas, this is because structures are also fuels that can spread a fire into open space. With the incorporation of ignition-resistant construction, the likelihood of structural ignition occurring within the Project area is minimized. The Project will provide new code compliant, ignition resistive structures, which lowers the threat from on-site fires impacting off- site areas as the structures themselves are highly unlikely to function as fuel. The Project includes vent coverings to prevent ember penetration, and the Project buildings will also include NFPA 13D automatic interior fire sprinkler systems for occupancy type in every residential building. This is crucial in preventing off-site impacts as embers can also be generated by a structure fire and can be blown over the fuel modification into native fuels. Automatic Packet Page. 619 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 22 JULY 2025 sprinklers can isolate a fire to the point of origin, limit its ability to spread to the rest of the building, and even extinguish a fire before the responding firefighters arrive, thus damping the likelihood of ember production. The installation of an interior fire sprinkler system within each structure also reduces impacts on fire response capacity as the automatic sprinklers will allow firefighters to focus on reducing additional ignitions beyond the point of origin. Structure design, such as Project’s, is crucial in protecting an area against wind-driven fires. The Project provides features that not only prevent fire intrusion but prevent structures fires from escaping into off-site areas. This allows the Project to not only protect the immediate area but the surrounding environment. 2.4.4 Shelter in Place Capability Sheltering-in-place is the practice of going or remaining indoors during or following an emergency event. This procedure is recommended if there is little time for the public to react to an incident and it is safer for the public to stay indoors for a brief time rather than travel outdoors. According to common Emergency Operations Plan language, shelter-in-place is an approach that has been used and is actively contemplated for emergencies, including wildfires. Shelter-in-place advises people to stay secure at their current location. Consistent with the Project’s approach, this tactic shall only be used if an evacuation causes a higher potential loss of life. Consideration should be given to assigning incident personnel to monitor the safety of citizens remaining in place. The concept of shelter-in-place is an available option in those instances where physical evacuation is impractical. Sheltering-in-place provides a safe haven within the impacted area. This FPP provides significant evaluation and conclusions regarding the shelter-in-place capability of the Project’s buildings. Among other things, the Project has been designed to include ignition-resistant structures with the use of ignition resistant construction materials, effective defensible space and fuel management zones, ember protection, and other redundant structure, infrastructure, building code, and water supply and flow requirements established as containing adequate protective features to function as temporary shelters during wildfires. All the on-site structures could be utilized for temporary refuge during wildfire. In addition, there may be protected open- air areas that would be enhanced to serve as temporary sheltering sites as a contingency plan if evacuation is considered undesirable. These sites would be designated with input from SBCFD and may include green spaces, leeside of buildings, or other protected areas. Sheltering-in-place also has many advantages because it can be implemented immediately, allowing people to remain in their familiar surroundings, and providing individuals with everyday necessities such as telephone, radio, television, food, and clothing. However, the amount of time people can stay sheltered-in-place is dependent upon availability of food, water, medical care, utilities, and access to accurate and reliable information. It is not anticipated that any wildfire related shelter-in-place action would require longer than a few hours of on-site refuge. The decision on whether to evacuate or shelter-in-place is carefully considered with the timing and nature of the incident. Sheltering-in-place is the preferred method of protection for people that are not directly impacted or in the direct path of a hazard. This will reduce congestion and transportation demand on the major transportation routes for those that have been directed to evacuate by police or fire personnel. Like with most new developments that incorporate ignition resistant construction, wide fuel modification zones, ember protection, and fire defensibility throughout, responding fire and law enforcement personnel will be able to direct people temporarily refuge on-site in designated buildings in the rare situation where shelter-in-place is determined to be safer than evacuating. Packet Page. 620 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 23 JULY 2025 Shelter-in-place at this location in the planned structures will also be an option available to emergency managers during a wildfire event. A shelter-in-place plan will be prepared and provided to all on-site personnel outlining the actions to take if shelter in place notification is provided by emergency management sources. The Project buildings will be constructed of ignition resistant construction. Because of the ignition resistant construction, fuel modification zone setbacks and the type of lower fire intensity vegetative fuels in the vicinity of the site, sheltering in place is considered to be a safe option if a fast-moving wildfire precludes complete evacuation of the Project site. The heat flux produced by the nearest unmaintained vegetative fuels is not at a high enough temperature to ignite a concrete building even if it is directly next to the building. In this case, the heat would dissipate rapidly in the provided building setbacks and the concrete or stucco structures would be capable of absorbing any residual heated air that may intersect with the buildings. The primary concern is anticipated to be with smoke and air quality rather than exposure to flames and heated air. Measures to safely refuge persons within the buildings and minimize smoke and air quality issues would be enacted in this scenario. For example, when wildfire ignites, it is common for HVAC systems to be turned off and they can be fitted with sensors that turn them off automatically when smoke is detected. This minimizes the potential for drafting smoke through the ventilation system into the buildings. P t n Most of the primary components of the Project’s layered fire protection system are required by Fire and Building codes, because they have been evaluated in the lab and in real-time wildfires and found to result in saved structures. They are worth listing because they have been proven effective for minimizing structural vulnerability to wildfire. They also make shelter-in-place possible as an evacuation contingency option when evacuation is not possible. Even though current Building and Fire Codes require these measures, at one time, many of them were used as mitigation measures for buildings in fire hazard areas, because they were known to reduce structure vulnerability to wildfire. These measures were adopted into the 2007 California Building Code and have been retained and enhanced in code updates since then. The following Project features are required for new development in fire hazard areas and would form the basis of the system to provide adequate access by emergency responders and provide the protection necessary to minimize structural ignitions: Application of the latest adopted ignition-resistant building codes; Exterior wall coverings are to be ignition resistant; For structures that achieve the minimum 100 feet of on-site fuel modification, all exterior windows, skylights, and exterior glazed door assemblies shall be constructed of multipaned glazing with a minimum of one tempered pane. All windows shall be UL listed, not of vinyl construction, and shall have a fire- resistant rating of not less than 20 minutes when evaluated according to NFPA 257/UL 263. Ember-resistant vents mesh screening should be between 1/16- and 1/8-inch noncombustible, corrosion resistant material (recommend BrandGuard, O’Hagin, or similar vents); NFPA 13D interior, automatic fire sprinkler systems within all residential buildings; Boxed or no eaves or soffits. There would be no use of paper-faced insulation or combustible installation in attics or other ventilated areas; There would be no use of plastic, vinyl (with the exception of vinyl windows with metal reinforcement and welded corners), or light wood on the exterior. - Any vinyl frames to have welded corners and metal reinforcement in the interlock area to maintain integrity of the frame certified to ANSI/AAMA/NWWDA 101/I.S 2 97 requirements. Packet Page. 621 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 24 JULY 2025 Skylights to be tempered glass (as applicable). Rain gutters and downspouts shall be non-combustible. They would be designed to prevent the accumulation of embers, leaf litter or debris, which can ignite roof edges, by requiring the installation of non-combustible debris covers and mesh over the top of rain gutters to minimize a common ignition point. Doors to be of approved noncombustible construction or would be solid core wood having stiles and rails not less than 1 3/8 inches thick or have a 20-minute fire rating. Doors to comply with City Building Code, There would be no combustible awnings, canopies, or similar combustible overhangs. No combustible fences to be allowed within 5 feet of structures. All chimneys and other vents on heating appliances using liquid fuel (no solid fuel burning appliances), including outdoor fireplaces and permanent barbeques and grills, shall have spark arrestors that comply with the City Code. The code requires that openings would be between 1/16- and 1/8-inch and the screen would have comparable heat and corrosion resistance to 19-gauge galvanized or 24-gauge stainless steel. Arrestors would be visible from the ground. Modern infrastructure, access roads, and water delivery system; Maintained FMZs. Notably, automatic interior fire sprinklers, which would be provided in all structures (required by code since 2010), have an extremely high reliability track record (NFPA 2021) of controlling fire in 96% of reported fires, and statistics indicate that fires in structures with sprinklers resulted in 82% lower property damage and 68% lower loss of life (Hall 2013). NFPA 13D fire sprinklers are designed for structure protection and life safety. For wildland fire defense, should embers succeed in entering a structure, sprinklers provide an additional layer of life safety and structure protection. S e s n e y n Sheltering-in-place or providing temporary refuge when evacuation is considered undesirable is not a new idea. Sheltering-in-place has been a useful tool in the emergency management toolbox since the 1950’s. In some wildfire scenarios, temporarily sheltering in a protected structure is safer than evacuating. Huntzinger (2010) states that: “If sheltering in place can provide the community with the same level of protection from an emergency incident as mass evacuation, this will be the recommended practice to use.” Many civilian deaths have occurred when the population evacuated late and was exposed to wildfire on unprotected roadways (Braun, 2002, CFA 2004). By contrast, fire hardened projects that have implemented similar fire protection, setbacks, and building standards have fared well in fire events, making them suitable for temporary shelter. Developments constructed in accordance with modern fire-safe development standards also survived the 2003 Simi Fire, the 2008 Freeway Complex Fire, and the 2020 Silverado Fire without a single building lost. Nasiatka (2003) points out that another advantage to sheltering in place in an appropriately protected location is that there would be a substantial reduction in the number of evacuees that would need to be managed, allowing those evacuees at greater risk (i.e., in older, less protected communities) to evacuate more quickly. 2.4.5 Wildfire Risk Awareness Education The Project includes an education awareness program that is a key piece in wildfire prevention in the area (Steffey et al., 2020). This program will provide wildfire information for the area and create greater risk awareness for employees and customers. The wildfire education program will be facilitated by the BOA, property manager, or similar entity and will disclose the potential wildfire risk and the requirements of the FPP. The educational program will also include information regarding the necessary landscape maintenance and structural-based fire protection Packet Page. 622 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 25 JULY 2025 features. Having ongoing education included in the Project creates a heightened level of wildfire risk awareness and fire protection measures. This benefits both the Project and the surrounding areas as people would be more aware of the wildfire risk and potential impacts. Further, it decreases the likelihood the Project employees, customers, and other users would cause an uncontrolled ignition, and they would be aware of what steps to take if they observe an ignition. As such the impact on off-site areas would be further lowered by reducing the probability of ignition. As described above it is not as simple to say development in areas with high fire hazards will equate to increased wildfire risk. It is possible to develop in these areas when fire is incorporated into Project design and create a site that is not only hardened against fire but designed to prevent fires. The dual benefit of creating a development that can prevent a fire is that it offers protection to the surrounding developed areas and the environment. The requirements and recommendations outlined in the FPP have been designed specifically for the proposed construction in the Project’s location and can significantly reduce the potential threat to off-site areas. Packet Page. 623 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 26 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 624 14428 27 JULY 2025 3 Anticipated Fire Behavior 3.1 Fire Behavior Modeling Following field data collection efforts and available data analysis, fire behavior modeling was conducted to document the type and intensity of fire that would be expected to be adjacent to the Project site given characteristic site features such as topography, vegetation, and weather (see Figure 1, Fire Hazard Severity Zone and Appendix B, Fire History). Dudek utilized BehavePlus software package (Andrews, Bevins, and Seli 2008) to analyze potential fire behavior on and adjacent to the Project site, with assumptions made for the pre- and post-Project slope and fuel conditions. Results are provided below and a more detailed presentation of the BehavePlus analysis, including fuel moisture and weather input variables, is provided in Appendix C, Fire Behavior Modeling Summary. BehavePlus modeling is described below followed by the fire spread modeling details. 3.2 Fire Behavior Modeling Analysis An analysis was conducted to evaluate both pre- and post- Project vegetation fire behavior variables and to objectively predict flame lengths, intensities, and spread rates for two pre- proposed Project scenarios were evaluated, including one average summer weather conditions (southwest of the proposed Project site and northeast of the Project site). Additionally, two scenarios were run for post-Project conditions (one average and one extreme weather condition respectively). These fire scenarios incorporated observed fuel types representing the dominant vegetation representative within and adjacent to the development site, in addition to slope gradients, wind, and fuel moisture values for both the 50th percentile weather (summer, on-shore and off-shore winds) and the 97th percentile weather (fall, off-shore winds). Modeling scenario locations were selected to better understand different fire behavior that may be experienced on or adjacent to the Project site. To support the fire behavior modeling efforts conducted, a Dudek Fire Protection Planner analyzed the different vegetation types observed on and adjacent to the site and were classified into the aforementioned numeric fuel models. As is customary for this type of analysis, the terrain, and fuels directly adjacent to the site and proposed fuel modification zones (FMZ) are used for determining flame lengths and fire spread. Vegetation types, which were derived from the field assessment, were classified into fuel models. Fuel models are selected by their vegetation type, fuel stratum most likely to carry the fire, and depth and compactness of the fuels. Fire behavior modeling was conducted for vegetative types that are both on and adjacent to the proposed development. Fuel models were also assigned to illustrate post-Project fire behavior changes. Fuel models were selected from Standard Fire Behavior Fuel Models: a Comprehensive Set for Use with Rothermel’s Surface Fire Spread Model (Scott and Burgan 2005). Fuel models were also assigned to the fuel FMZs to illustrate post-Project fire behavior changes. Based on the anticipated existing and post-Project vegetation conditions, six different fuel models were used in the fire behavior modeling effort presented herein. Fuel model attributes are summarized in Table 1. Packet Page. 625 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 28 JULY 2025 Table 1. Fuel Models Used for Fire Behavior Modeling FF u e ll MM o d e ll TT y p ee TT i t l e DD e s c r i p t i o n AA p p l ic a t i o nn (B e h a v ee R u n ) E x i s t i n gg c o n d i t i o n s SH5 High load dry climate shrub Heavy shrub load, depth 4 to 6 feet. Spread rate very high; flame length very high. Native chaparral vegetation SH2 Moderate load dry climate shrub vegetation buckwheat sparse grass. climate grass-combined. Shrubs are about one maintained native landscaping/ compact litter lesser amounts landscaping material is generally hydrated with high suburban parking, hardscape Tables 2A and 2B summarize the weather and wind input variables used in the BehavePlus modeling process. Table 2A. Fuel Moisture and Wind Inputs Table 2B. Fuel Moisture and Wind Inputs Packet Page. 626 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 29 JULY 2025 Table 2B. Fuel Moisture and Wind Inputs VV a r i a b l e WW e a t h e rr C o n d i t i o nn (9 7 t hh P e r c e n t i l e ) Live Woody Moisture 60% 20-foot Wind Speed (mph)40 BehavePlus Wind Adjustment Factor 0.4 3.3 Fire Behavior Modeling Results The results presented in Tables 3 and 4 depict values based on inputs to the BehavePlus software and are not intended to capture changing fire behavior as it moves across a landscape. Changes in slope, weather, or pockets of different fuel types are not accounted for in this analysis; rather, the models provide a worse-case wildfire behavior condition as part of a conservative approach. For planning purposes, the averaged worst-case fire behavior is the most useful information for conservative fuel modification design. Model results should be used as a basis for planning only, as actual fire behavior for a given location would be affected by many factors, including unique weather patterns, small-scale topographic variations, or changing vegetation patterns. The results of fire behavior modeling analysis for pre- and post-Project conditions are presented in Tables 3 and 4, respectively. Identification of modeling run (fire scenarios) locations is presented graphically in Figure 4, BehavePlus Analysis Map. Fire Scenario locations and descriptions: S o Fire flaming front approaching from the northeast towards the northern side of Parcel 1 Project boundary with 40 mph north/northeast winds; 18% downhill slope within 100 to 300 feet of edge of grading. -Existingg conditions:undeveloped land off-site (to be preserved as open space) and on site with native vegetation (chaparral, sage scrub). -Post-development include the same off-site conditions with irrigated manufactured slopes, fuel modification zones, and paved roadways on site. Scenarioo 2.Fire flaming front approaching from the southwest towards the western boundary of the Parcel 1 western boundary with 20 mph west/southwest winds; 6% uphill slope within 400 feet of edge of grading. -Existing : undeveloped land off-site and on-site with native vegetation (sage scrub, forbs). -Post-development : include the same off-site conditions with irrigated manufactured slopes, fuel modification zones, and paved roadways on site. The results presented in Tables 3 and 4 depict values based on inputs to the BehavePlus software reflecting a “moment in time” and are not intended to capture changing fire behavior as it moves across a landscape. Changes in slope, weather, or pockets of different fuel types are not accounted for in this analysis, but the models provide the worst-case wildfire behavior condition as part of a conservative approach. For planning purposes, the averaged worst-case fire behavior is the most useful information for conservative fuel modification design. Model results should be used as a basis for planning only, as actual fire behavior for a given location would be affected by many factors, including unique weather patterns, small-scale topographic variations, or changing vegetation patterns. Packet Page. 627 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 30 JULY 2025 3.3.1 Existing Conditions As presented in Figure 4, BehavePlus Analysis Map, wildfire behavior in the off-site chaparral, modeled as SH5, would exhibit the most intense fire behavior with the sage/buckwheat vegetation, modeled as SCAL18 exhibiting similar fire behavior (refer to Table 3, Fire Behavior Results for Existing Conditions). A worst-case fire under gusty Santa Ana winds and low fuel moistures is expected to be moving up to 4.7 mph. Flame length values were modeled at 35.5 to 36.3 feet. Spotting is projected to occur up to 1.8 miles from the flaming front. The results of fire behavior modeling analysis for pre- and post-Project conditions are presented in Tables 3 and 4, respectively. Identification of modeling run (fire scenarios) locations is presented graphically in Figure 4, BehavePlus Analysis Map. Table 3. Modeling Results for Existing Conditions N : 1 Spotting distance from a wind driven surface fire. 3.3.2 Post-Development Conditions As presented in Table 4, Fire Behavior Results for Post-Project Conditions, Dudek conducted modeling of the Project site for post-development fuel recommendations for the Project. The fuel modification area includes thinning and maintained vegetation, irrigated landscaping, and paved roadways on the periphery of the proposed Project. For modeling the post-development condition, fuel modification was modeled as thinned native vegetation (Fuel Model GS1) and irrigated landscaping (Fuel Model 8). Fuel model assignments for all other areas remained the same as those classified for the existing condition. The fuel modification areas experienced a significant reduction in flame length and intensity. The flames predicted during pre-development modeling during extreme weather conditions are reduced to less than 3.0 feet in length at the outer edges of the development due to the lack of combustible material present and the higher live and dead fuel moisture content for the irrigated landscaping. Packet Page. 628 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 31 JULY 2025 Table 4. Modeling Results for Post-Project Conditions SS c e n a r i o F l a m ee L e n g t hh (f ee t ) F i r e l i n ee I n t e n s i t yy (B T U /f e et /s e c o n d ) S p r e a dd R a t ee (m p h ) S p o t t i n gg D i s t a n c e 1 (m i l e s ) S c e n a r i o ss 1 :: 2 5 %% d o w n h i l ll ss l o p e ,, 4 00 m p hh w i n dd f r o mm N EE Fuel Model GS1 – maintained shrubs for fuel modification 11.1 1067 2.0 0.8 Fuel Model 8 – Irrigated landscaping/FMZ 2.6 46 0.1 0.3 Fuel Model NB1 – paved roadway NA NA NA NA S c e n a r i o ss 2 :: 2 0 %% u p h i l ll s l o p e ,, 2 00 m p hh w i n dd f r o mm S WW Fuel Model GS1 – maintained shrubs for fuel modification 7.2 411 0.8 0.4 Fuel Model 8 – Irrigated landscaping/FMZ 2.0 26 0.1 0.2 Note: 1 Spotting distance from a wind driven surface fire. The results presented in Tables 3 and 4 depict values based on inputs to the BehavePlus software and are not intended to capture changing fire behavior as it moves across a landscape. Changes in slope, weather, or pockets of different fuel types are not accounted for in this analysis, but the models provide the worst-case wildfire behavior condition as part of a conservative approach. For planning purposes, the averaged worst-case fire behavior is the most useful information for conservative fuel modification design. Model results should be used as a basis for planning only, as actual fire behavior for a given location would be affected by many factors, including unique weather patterns, small-scale topographic variations, or changing vegetation patterns. The following describes the fire behavior variables (Heisch and Andrews 2010) as presented in Tables 4 and 5: e : Flame h :The flame length of a spreading surface fire within the flaming front is measured from midway in the active flaming combustion zone to the average tip of the flames. Fireline y Fireline intensity is the heat energy release per unit time from a one-foot-wide section of the fuel bed extending from the front to the rear of the flaming zone. Fireline intensity is a function of rate of spread and heat per unit area and is related to flame length. Fireline intensity and the flame length are related to the heat felt by a person standing next to the flames. Surface e f d Surface rate of spread is the "speed" the fire travels through the surface fuels. Surface fuels include litter, grass, brush, and other dead and live vegetation within about 6 feet of the ground. The information in Table 5 presents an interpretation of the outputs for five fire behavior variables as related to fire suppression efforts. The results of fire behavior modeling efforts are presented in Tables 3 and 4. Identification of modeling run locations is presented graphically in Figure 4 of this FPP. Packet Page. 629 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 32 JULY 2025 Table 5. Fire Suppression Interpretation FF la m ee L e n g t hh (f t ) FF i r e l i n ee I n t en s i t yy ((B t u /f t /s ) II n t e r p r e t a t i o n s Under 4 feet Under 100 BTU/ft/s Fires can generally be attacked at the head or flanks by people using hand tools. Hand line should hold the fire. 4 to 8 feet 100-500 BTU/ft/s Fires are too intense for direct attack on the head by people hold the fire. Equipment such as dozers, pumpers, and out, crowning, and spotting. Control efforts at the fire 3.4 Project Area Fire Risk Assessment Wildland fires are a common natural hazard in most of southern California with a long and extensive history. Southern California landscapes include a diverse range of plant communities, including vast tracts of grasslands and shrublands, like those found adjacent to the Project site. Wildfire in this Mediterranean-type ecosystem ultimately affects the structure and functions of vegetation communities (Keeley 1984) and will continue to have a substantial and recurring role (Keeley and Fotheringham 2003). Supporting this are the facts that 1) native landscapes, from forest to grasslands, become highly flammable each fall and 2) the climate of southern California has been characterized by fire climatologists as the worst fire climate in the United States (Keeley 2004) with high winds (Santa Ana) occurring during autumn after a six-month drought period each year. Based on this research, the anticipated growing population of western San Bernardino County WUI areas, and the regions fire history, it can be anticipated that periodic wildfires may start on, burn onto, or spot into the Project site. The most common type of fire anticipated in the vicinity of the Project area is a wind-driven fire from the north moving through the chaparral and sage scrub vegetation on the adjacent lands. With the conversion of the landscape to ignition-resistant development, wildfires may still encroach upon and drop embers on the site but would not be expected to burn through the site or produce sustainable spot fires due to the lack of available fuels. Studies indicate that even with older developments that lacked the fire protection provided in the Project, wildfires declined steadily over time (Syphard, et. al., 2007 and 2013) and further, the acreage burned remained relatively constant, even though the number of ignitions temporarily increased. This is due to the conversion of landscapes to ignition resistant, maintained areas, more humans monitoring areas resulting in early fire detection and discouragement of arson, and fast response from the fire suppression resources that are located within these developing areas. Therefore, it will be critical that the latest fire protection technologies, developed through intensive research and real-world wildfire observations and findings by fire professionals, for both ignition resistant construction and for creating defensible space in the ever-expanding WUI areas, are implemented, and enforced. The Project, once developed, would not facilitate wildfire spread and would reduce projected flame lengths to levels that would be manageable by firefighting resources for protecting the Project site’s structures, especially given the ignition resistance of the structures and the planned ongoing maintenance of the entire Project site landscape. Packet Page. 630 Pa r c e l 1 20 6 Path: Z:\Projects\j1442800\MAPDOC\DOCUMENT\FPP\Figure 5 BehavePlusAnalysisMap-Par1.mxd Pr o j e c t S i t e - P a r c e l 1 0 1 , 5 0 0 75 0 Fe e t SO U R C E : A E R I A L - E S R I I M A G E R Y ( a c c e s s e d 2 0 2 5 ) FI G U R E 4 Be h a v e P l u s A n a l y s i s M a p Fi r e P r o t e c t i o n Pl a n - U n i v e r s i t y H i l l s P r o j e c t SC E N A R I O RU N # 1 B 1 d Fu e l M o d e l S H 5 – C h a p a r r a l 4. 7 36 . 3 13 9 5 8 1. 8 Fu e l M o d e l S C A L 1 8 – S a g e , b u c k w h e a t 2. 1 35 . 5 13 3 4 2 1. 8 Fu e l M o d e l S H 2 – S a g e , f o r b s 0. 7 13 . 1 15 1 5 0. 9 B P : % s Fu e l M o d e l G S 1 – m a i n t a i n e d s h r u b s f o r f u e l mo d i f i c a t i o n 11 . 1 2. 0 10 6 7 0. 8 Fu e l M o d e l 8 – I r r i g a t e d l a n d s c a p i n g / F M Z 2. 6 0. 1 46 0. 3 Fu e l M o d e l N B 1 – p a v e d r o a d w a y NA NA NA NA SC E N A R I O RU N # 2 Scenario 2: Fu e l M o d e l S H 2 – S a g e , f o r b s 0. 3 8. 6 60 3 0. 4 Scenario 2 Fu e l M o d e l G S 1 – m a i n t a i n e d s h r u b s f o r f u e l mo d i f i c a t i o n 0. 8 41 1 7. 2 0. 4 Fu e l M o d e l 8 – I r r i g a t e d l a n d s c a p i n g / F M Z 0. 1 26 2. 0 0. 2 Packet Page. 631 UN I V E R S I T Y H I L L S / P R E L I M I N A R Y F I R E P R O T E C T I O N P L A N 14 4 2 8 3 4 JU L Y 2 0 2 5 IN T E N T I O N A L L Y L E F T B L A N K Packet Page. 632 14428 35 JULY 2025 4 Emergency Response and Service 4.1 Emergency Response Fire Facilities The Project site is located within the San Bernardino County Fire Protection District (SBCFPD) jurisdictional response area. Regionally, SBCFPD fire, emergency medical, and rescue services from 57 fire stations (full time and paid/volunteer)7. Inland Counties Emergency Medical Agency (ICEMA) provides emergency medical services and transportation (ambulance service) for residents of San Bernardino, Inyo, and Mono Counties.8 The Valley Region Operating Area is American Medical Response (AMR)9. The SBCFPD serves over 2 million residents throughout 24 incorporated cities and all unincorporated portions of San Bernardino County’s Southern California Inland Empire. At 20,160 square miles, San Bernardino County is the largest county in the continental United States. Figure 5 illustrates the fire station locations and Table 6 provides a summary of the location, equipment, and staffing levels for the closest responding fire stations. The Project site lies within Battalion 4, East Valley Zone (Division 2) response area.10 SBCFPD has mutual aid agreements through CONFIRE, a Joint Powers Authority located in San Bernardino County California established to provide communications, dispatch, computer information systems support, and geographic information systems to CONFIRE members and contract agencies.11 CONFIRE member agencies are: Apple Valley Fire Protection District, Chino Valley Independent Fire District, Colton Fire Department, Loma Linda Fire Department, Rancho Cucamonga Fire District, Redlands Fire Department, Rialto Fire Department, San Bernardino County Fire District, Victorville Fire Department. The SBCFPD is the sponsoring agency of the California Office of Emergency Services Regional Task Force 6 (CA-RTF-6). CA-RTF-6 consists of 30 personnel specially trained and equipped for large or complex Urban Search and Rescue operations. Primary response will be provided by Fire Station No. 232 (FS 232), located at 6065 N. Palm Avenue in the Verdemont neighborhood of northern San Bernardino. FS 232 is approximately five minutes from the Project site and serves the foothill suburban community known as Verdemont Heights. The station operates 24 hours a day, seven days a week, and is staffed by a three-person Engine Company consisting of a Captain, an Engineer, and a firefighter-paramedic. It is equipped with a Type 1 Medic Engine and a Type 3 Brush Engine (cross-staffed). Secondary response will be provided by Fire Station No. 75 (FS 75), located at 2852 Macy Avenue in Muscoy, a nearby unincorporated community in San Bernardino County. FS 75 is approximately seven minutes from the Project site and provides service to the valley region at the base of the foothills. The station operates 24 hours a day, seven days a week, and is staffed by a three-person Engine Company consisting of a Captain, an Engineer, and a firefighter-paramedic. It is equipped with a Type 1 Medic Engine and a Type 3 Brush Engine (cross-staffed). Additional emergency response will be available from Fire Station No. 227 (FS 227), located at 282 W. 40th Street in the Wildwood Park neighborhood of San Bernardino. FS 227, which is slightly over seven minutes from the Project site, provides paramedic and fire services to northern portions of the city. The station operates 24 hours a day, 7 https://sbcfire.org/fp5/ 8 https://icema.sbcounty.gov/ 9 https://www.sbcounty.gov/uploads/LAFCO//Downloads/Service_Review_Fire/Report/Fire_Service_Review.pdf 10 https://sbcfire.org/fp5/ 11 https://www.confire.org/about Packet Page. 633 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 36 JULY 2025 seven days a week, and is staffed by a three-person Engine Company consisting of a Captain, an Engineer, and a firefighter-paramedic. It is equipped with a Type 1 Medic Engine and a Type 3 Brush Engine (cross-staffed). Further support may be provided by Fire Station No. 224 (FS 224), located at 2641 N. E Street, just north of downtown San Bernardino. FS 224 is approximately 10 minutes and 30 seconds from the Project site and serves central urban areas of the city. The station operates 24 hours a day, seven days a week, and is staffed by a three- person Engine Company consisting of a Captain, an Engineer, and a firefighter-paramedic, a three-person Truck Company consisting of a Captain, an Engineer, and a firefighter, a two-person Squad Company consisting of two firefighter-paramedics, and a Battalion Chief. Available apparatus at FS 224 includes a Type 1 Medic Engine, a Medic Aerial Truck, a Medic Squad, and a Battalion Chief vehicle, enhancing its capacity to support major incidents. In 2022, Medic Engine 224 was the fourth (4th) busiest fire engine in the nation.12 Table 6. Closest Responding SBCFPD Fire Station Summary San Bernardino, California (1) Medic Aerial Truck (1) Medic Squad S :SBCFPD - https://www.iafflocal935.org/division-2 Within the area’s emergency services system, fire and emergency medical services can be provided by other agencies. Generally, each agency is responsible for structural fire protection and wildland fire protection within their area of responsibility. However, mutual aid agreements enable non-lead fire agencies to respond to fire emergencies outside their district boundaries. In the Project area, fire agencies cooperate under a statewide master mutual aid agreement for wildland fires. There are also mutual aid agreements in place with neighboring fire agencies and typically include interdependencies that exist among the region’s fire protection agencies for structural and medical responses but are primarily associated with the peripheral “edges” of each agency’s boundary. 4.1.1 Emergency Response Travel Time Coverage In an effort to understand fire department response capabilities, Dudek conducted an analysis of the travel-time response coverage from the closest responding fire stations. The response time analysis was conducted using travel distances that were derived from Google Road data. Travel times were calculated by applying the distance at speed limit formula (T=(D/S) * 60, where T=time, D=distance in miles, and S=speed in MPH) as well as the nationally recognized Insurance Services Office (ISO) Public Protection Classification Program’s Response Time Standard formula (T=0.65 + 1.7 D, where T= time and D = distance) for comparison. Tables 7 and 8 present tabular results of the emergency response time analysis using the distance at speed formula and the ISO formula, respectively. 12 https://www.instagram.com/sanbernardinocountyfire/p/CdgzlEOM6T4/ Packet Page. 634 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 37 JULY 2025 Table 7. Project Emergency Response Analysis using Speed Limit Formula SS t a t i o n TT r a v e ll D i s t a n c ee t oo P r o j e c tt SS i t e TT r a v e ll T i m ee t oo PP r o j e c tt EE n t r a n c e ** TT o t a ll R e s p on s ee TT i m e ** Fire Station 232 2.9 miles 4 minutes 58 seconds 6 minutes 58 seconds Fire Station 75 4.1 miles 7 minutes 2 seconds 9 minutes 2 seconds Fire Station 227 4.4 miles 7 minutes 33 seconds 9 minutes 33 seconds Fire Station 224 6.1 miles 10 minutes 27 seconds 12 minutes 27 seconds Notes: * Assumes travel distance and time to the Project site into the development for the respective fire station. Also assumes application of the distance at speed limit formula (T=(D/S) * 60, where T=time, D=distance in miles, and S=speed in MPH), a 35-mph travel speed, and does not include turnout time. ** Assumes travel distance and time to the Project site into development from the respective fire station, and application of the distance at speed limit formula (T=(D/S) * 60, where T=time, D=distance in miles, and S=speed in MPH), a 35 mph travel speed along with dispatch and turnout time, which can add an additional two minutes to travel time. Table 8. Project Emergency Response Analysis using ISO Formula : * Assumes travel distance and time to the Project site into the development for the respective fire station. Also assumes application of the ISO formula, T=0.65+1.7(Distance), a 35-mph travel speed, and does not include turnout time. ** Assumes travel distance and time to the Project site into the development for the respective fire station. Also assumes application of the ISO formula, T=0.65+1.7(Distance), a 35-mph travel speed, and dispatch and turnout time, which can add an additional two minutes to travel time. The ISO response travel time formula discounts speed for intersections, vehicle deceleration, and acceleration, and does not include turnout time. As such, per the ISO response travel time formula: FS 232 is located approximately 2.9 miles from the Project site and is the closet fires station to the Project site. FS 232 can respond to an incident at the Project site within approximately 7 minutes and 35 seconds. The second closet fire station is FS 75, located approximately 4.1 miles from the Project site. FS 75 can respond to an incident at the Project site within approximately 9 minutes and 37 seconds. FS 227 located approximately 4.4 miles from the Project site can respond to an incident within 10 minutes and 8 seconds. FS 224 is located approximately 6.1 miles from the Project site. FS 224 can respond to an incident at Project site within approximately 13 minutes and 1 second. Packet Page. 635 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 38 JULY 2025 Emergency response time target thresholds include travel time along with dispatch and turnout time, which can add two minutes to travel time. FS 232 would provide an initial response as the closest fire station. As indicated in Table 7 and Table 8, the total response time from FS 232 to the Project site does meet the response time standard of 6 minutes according to the nationally recognized National Fire Protection Association (NFPA) 1710. According to LAFCO for San Bernardino County 3231 , the objective is to have a less than 5-minute response time 90% of the time in the district. FS 232 to the Project site is outside the response time standard of less than 5 minutes for the objective in the district. FS 232 is estimated to arrive at the Project site approximately 4 minutes 58 seconds (Speed Limit Formula) or 5 minutes and 35 seconds (ISO Formula) after departing the station. All response calculations are based on an average response speed of 35 mph and are consistent with NFPA 1710. 4.2 Estimated Calls and Demand for Service from the Project Determining the potential impact associated with the Project’s estimated population increase is required to compare how many additional calls may be realized and determine what effects they may have on the available response resources. The estimated incident call volume of the Project is based on a conservatively calculated estimate from the maximum potential number of additional people that would be expected on site. Emergency call volumes related to typical projects can be reliably estimated based on the historical per-capita call volume from a particular fire jurisdiction. The following estimated annual emergency call volume generated by the Project is based upon per capita data for SBCFPD Division 2 (East Valley) July 1, 2024 – April 30, 2025.13 Total population served: 5 14. Total annual calls: 4 , per capita call generation: . Total annual fire calls (Structure, Vegetation, Vehicle, Other): 4 , per capita call generation: . Total annual medical aid calls: 3 , per capita call generation: . Total other calls (Investigation, Hazardous Materials, Public Service, Rescue, Traffic Collisions): 5 , per capita call generation: .0 Total miscellaneous calls: 8 , per capita call generation: .0 5 Using the data above, the estimated annual emergency call volume for the Project site as calculated. In order to provide this conceptual estimate, Dudek made assumptions regarding the single-family detached residential units population within the Project site to estimate at 3.21 persons per household15. The Project site estimated population for three hundred twenty-seven (327) single-family detached residential units is approximately 1,050 residents. Based on this estimate, the calculated call volume by type of call is provided in Table 9. 13 https://sbcfire.org/statistics/ 14 Dudek estimated the census population for Division 2 (East Valley) from census tract populations within the SBCFPD Division 2 boundaries https://data.census.gov/all?q=san+bernardino 15 https://data.census.gov/all?q=san+bernardino Packet Page. 636 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 39 JULY 2025 Table 9. Calculated Call Volume (Conceptual Based on 1,050 residents) for Project Site TT y p ee o ff C a l l PP err C a p i t aa C a ll GG e n e r a t i o nn F a c t o r NN u m b e rr o ff E s t i m a t e dd AA n n u a ll C a l l ss TTotall Calls ..088477 889 TTotall Fires ..0087 99 TTotall Medicall Aidd ..0642 667 TTotall Other ..0100 1111 TTotall MISC ..0015 22 As mentioned, the single-family detached residential units will increase the call volume at a rate of conservatively calculated (the actual number of calls may be lower than this estimate) up to eighty-nine (89) calls per year (.24 calls per day or 7.4 calls per month). Fire Station 232 emergency response time in 2021 totaled 1,579 calls per year16 (approximately 4.3 calls per day or 131 calls per month). The level of service demand for the Project raises the overall call volume but it is not expected to impact FS 232 to a point where they cannot meet the demand. For perspective, 5 calls per day are typical in an urban or suburban area. A busy fire station company would be one with 10 to 15 or more calls per day. When University Hills Project site is built out, FS 232 could potentially respond to additional .24 calls per day or 7.48 calls per month, although the number may be likely lower that based on the conservative nature of the population and calls per capita data used in this estimate. 16 https://www.iafflocal935.org/2018-call-stats/ Packet Page. 637 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 40 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 638 Wa t e r m a n A v e W Ken d a l l D r E S t W Highland Ave N Riv e r side Ave Highland Ave Kenda l lDr y210 y259 ]^215 Fire Station 232 Fire Station 75 Fire Station 227 Fire Station 224 Project Boundary Fire Station 0 5,0002,500 Feet Da t e : 6 / 1 2 / 2 0 2 5 U s e r : r s t r o b r i d g e P a t h : Z : \ P r o j e c t s \ j 1 4 4 2 8 0 0 \ M A P D O C \ F P P \ E n c o r e H i l l s F i r e P r o t e c t i o n P l a n . a p r x M a p : S B C F P D F i r e S t a t i o n s M a p L a y o u t : F i g u r e 5 S B C F P D F i r e S t a t i o n s M a p SOURCE: Bing Maps 2024, CALFIRE 2023 Fire Protection Plan - University Hills Project SBCFPD Fire Stations Map FIGURE 5 Packet Page. 639 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 42 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 640 14428 43 JULY 2025 5 Fire Safety Requirements- Infrastructure, Building Ignition Resistance, and Defensible Space The FPP demonstrates that the development site would comply with applicable portions of the San Bernardino County Fire Protection District Fire Code, Ordinance No. FPD 23-01, SBCFPD Fire Code Fire Prevention Standards A-1, A-2, A-3, A-4, SRA-1, as well as applicable portions of the San Bernardino County Development Code, Chapter 82.13 Fire Safety Overlay. SBCFPD Fire Code adopts with amendments the 2022 CFC, including Chapter 49, California Code of Regulations, Title 24, Part 9, based on the 2021 edition of the International Fire Code. Furthermore, the Project will be consistent with applicable portions of Article III, Section 5-61 – Building Code, which adopts with amendments the 2022 edition of the CBC, including Chapter 7A, California Code of Regulations Title 24, Part 2 governs the building, infrastructure, and defensible space requirements detailed in this FPP. The Project will meet or exceed applicable codes or will provide alternative materials and/or methods (as warranted). While these standards will provide a high level of protection to structures within the development, there are no guarantees that compliance with these standards will prevent damage or destruction of structures by fire in all cases. The following summaries highlight important fire protection features. Prior to bringing combustible materials onto the site, utilities should be in place, fire hydrants operational, an approved all-weather roadway, or an approved road surface alternative in place, and interim defensible space zones established and approved. A response map update, including roads and fire hydrant locations, in a format compatible with current SBCFPD mapping shall be provided to the SBCFPD. The following summaries highlight important fire protection features. 5.1 Fire Apparatus Access The proposed Project site will be accessible via two (2) access points, one on the existing North Campus Parkway and the other on the new Badger Canyon Road. Project site access, including road widths and connectivity, will comply with the requirements of the SBCFPD Fire Code Fire Prevention Standards A-1, A-2, A-3, A-4, SRA-1, the 2022 California Fire Code, and all other applicable codes including: Roadways and/or driveways will provide fire department access to within 150 feet of all portions of the exterior walls of the first floor of each structure (CFC 503.1.1). Further, there must be a walkway approved by the SBCFPD leading from fire apparatus access roads to exterior openings (CFC 504.1). Roadway design features (e.g., speed bumps, humps, speed control dips, planters, and fountains) that could interfere with emergency apparatus response speeds and required unobstructed access road widths will not be installed or allowed to remain on roadways without approval of an SBCFPD official (CFC 503.4). Given the Project is required by CFC D104.1 to have at least two access points, those access points shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses (D104.3). Packet Page. 641 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 44 JULY 2025 5.1.1 Roads All fire access roads associated with the Project will be in compliance with SBCFPD Fire Code Fire Prevention Standards A-1, A-2, A-3, SRA-1, the 2022 California Fire Code, and all other applicable codes. Fire apparatus access roads shall be provided to within 150 feet of all exterior portions of the first story of every building, facility or structure as measured by an approved route around the exterior building or structure. 5.1.1.1 Maximum Dead-End Road Length There are no dead-end fire apparatus access roads planned in the Project area. The fire access lanes around are continuous and loop around the entirety of the development. Dead-end roads between 150 feet and 750 feet in length require a 96-foot diameter cul-de-sac or other approved method of fire apparatus turnaround (CFC Section D103.4). All dead-end fire access roads included at any phase of the development shall comply with the following: The maximum length of dead-end fire access roadways shall be six hundred (six hundred) feet in length in all residential developments (SBCFPD Standard A-1). 5.1.1.2 Surface and Grade Fire access roads must be able to support fully loaded fire engines and be of a subtle enough grade to facilitate their travel. The surface and grade of all fire apparatus access roads associated with the Project comply with SBCFPD Fire Prevention Standard Fire Apparatus Access Road Design, Construction and Maintenance (SBCFPD Standard A-1): All roads comply with access road standards of the capability of supporting an imposed load of at least 75,000 pounds, fire apparatus weight is distributed as 55,000 lbs. on the rear dual axles and 20,000 lbs. on the front axle. Fire access roadways shall be paved with a concrete or asphalt material in order to provide “all weather” safe driving. Unless otherwise approved, the grade of a fire apparatus access road shall not exceed 12% and the cross slope shall not exceed 5%. The angles of approach and departure for fire apparatus access roads shall be a maximum of 5% grade change for ten feet of approach and departure. All turns within fire access roadways that accommodate two-way traffic of fire apparatus shall be a minimum of 19 feet inside radius and 45 feet outside radius. Fire access roadways require at least a 50-foot straight section of roadway between radius turns. 5.1.1.3 Width and Clearance Fire apparatus access roads must be of an appropriate width and clearance to facilitate the ingress and egress of engines. The width and clearance of fire access roads associated with the Project comply with SBCFPD Fire Prevention Standard Fire Apparatus Access Road Designation and Marking (SBCFPD Standard A-2): Fire apparatus access roadways serving all buildings, structures, or facilities, shall be a minimum of 26 feet in unobstructed width. Roadways that have raised medians shall have an unobstructed one-way width of Packet Page. 642 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 45 JULY 2025 20 feet with signage posted ‘per SBCFPD Standard A-2. Such medians shall be a maximum of 50 feet in width except where approved by the Fire Code Official. Roadways with raised medians shall have intersections or median breaks located at a maximum of 600 feet apart or as approved by the Fire Code Official. All fire access roadways shall be no less than 14 feet 6 inches in unobstructed vertical clearance, as measured from the roadway surface at the highest elevation to the lowest point of any obstruction. Parking is not permitted on roadways that are less than 32 feet in width. In addition, parking that is perpendicular or diagonal to the edge of the roadway shall not obstruct the required minimum width of 26 feet for fire access. 5.1.1.3.1 Aerial Fire Apparatus Access Roads Approved aerial fire apparatus access roads shall be provided for buildings that are three (3) stories or more or thirty feet or more in height associated with the Project comply with SBCFPD Fire Prevention Standard Fire Apparatus Access Road Design, Construction and Maintenance (SBCFPD Standard A-1): Aerial fire apparatus access roads shall have a minimum unobstructed width of thirty (30) feet. All fire access roadways shall be no less than 14 feet 6 inches in unobstructed vertical clearance, as measured from the roadway surface at the highest elevation to the lowest point of any obstruction Overhead utilities, powerlines, and any other items that could be considered obstructions shall not be located within the aerial fire apparatus access area. Aerial fire apparatus access shall be provided in locations to enable rapid and safe access to the roof of the building. The location of all roof access points shall be approved by SBCFPD. 5.1.1.4 Fire Lane Marking All roadways equal to or less than SBCFPD Standards for width, including private roads, where the roadway width would preclude any parking along the sides of the road or where parking along only one side of the road is allowed shall be designated and marked as a fire lane associated with the Project comply with SBCFPD Fire Prevention Standard Fire Apparatus Access Road Designation and Marking (SBCFPD Standard A-2): All roadways encircling and/or providing direct access to commercial developments shall be designated as a fire lane. Areas within fifteen feet (15’) of any fire appliance shall be designated as a fire lane. All fire apparatus access roads shall be identified by approved signs, approved red curbs and/or approved pavement striping. S : Signs shall be no less than eighteen inches (18”) high by twelve inches (12”) wide and made of durable material. Signs shall be labeled, “NO PARKING,” “FIRE LANE,”and “CVC 22500.1” in all upper-case letters. Letting shall be no less than three inches (3”) high with red letting on white background. “CVC 22500.1” shall have one inch (1”) letters. Packet Page. 643 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 46 JULY 2025 The perimeter of the sign shall have a one inch (1’’) red boarder. Signs shall be installed with no less than a seven-foot (7’) clearance from the bottom of the sign to finish grade. Signs shall be installed with twenty-four inches (24”) of the curb face. Signs shall be located no more the fifty feet (50’) apart when installed on one side of the street and one hundred feet (100’) apart when installed on both sides of the street. There shall be a sign within five feet (5’) of the beginning and end of any fire lane. R d Curbing used to designate fire lanes shall be painted in a weather-resistant red paint. Reflective paint may be used for higher visibility. Curbing shall be labeled, “NO PARKING – FIRE LANE – CVC 22500.1” in all upper-case letters. Lettering shall be no less than three inches (3”) high with white lettering on a red background and placed on the face and top of the curb. Lettering shall be located no more than fifty feet (50’) apart and within five feet (5’) of the beginning and end of any fire lane. 5.1.2 Gates Multiple gates may be proposed as part of the Project, one along the existing North Campus Parkway and another on the newly constructed Badger Canyon Road. All gates associated with the Project shall comply with the SBCFPD Fire Prevention Standard Gates and Other Obstructions to Fire Apparatus Access (SBCFPD Standard A-3): y d y : Manual gates shall have a means of emergency operation that allows manual operation by one person. Manually operated gates shall be equipped with an approved “Knox” padlock or equivalent locking system acceptable to SBCFPD. Manual gates shall either slide open horizontally or swing inward in the direction of emergency vehicle ingress. Gates provide emergency access to fuel modification zones or wildland areas shall have a clear open width of the access road. Parking of vehicles shall not obstruct any entrance, or the operation of any gate installed per the requirements of SBCFPD. “NO PARKING” signs designed and installed in accordance with SBCFPB Standard A-2 may by required as directed by SBCFPD. When required by SBCFPD, entry gates shall be installed to provide a minimum of forty feet (40’) of fire apparatus stacking from the intersecting road. Electrically Operated Security Gates Electrically operated security gates at multifamily residential properties (apartments, gated housing tracts, etc.) shall be equipped with an emergency preemption device, or an automatic means of opening the gate for emergency access by SBCFPD. The location and type of emergency opening devices shall be approved Packet Page. 644 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 47 JULY 2025 by the SBCFPD and may include Opticom, or equivalent sensors and/or Knox key switches as deemed necessary by SBCFPD. Any preemption devices on electric gates shall override all normal gates operations and completely open the gate(s). After preemption devices are activated, gates shall be maintained in an open position for a minimum of twenty (20) minutes, after which the gate controller shall automatically reset and close the gates. All electric motors operation security gates that obstruct fire apparatus access roadways or systems shall be listed in accordance with ASTM F2200 and UL 325 and shall reach the fully open position within a total time not to exceed one second for each one foot of obstructed required width. A safety loop or device that prevents the gate from closing on vehicles going through the gate shall be installed on all electric gates. An automatic exit loop that activates the gate in the direction of egress shall be installed on all electric gates, or an additional preemption device/Knox switch may be installed in the direction of emergency vehicle egress with approved by SBCFPD. Electric gates without battery backup power shall be provided with a manual release to allow the gate to be operated manually when electrical service is interrupted. 5.1.3 Premises Identification Identification of roads and structures will comply with SBCFPD Fire Prevention Standard Building and Premises Identification (SBCFPD Standard B-1) as follows: The address identification shall be legible and affixed to the building and placed in a position that is visible from the street or fire department access road fronting the property. All address identification characters shall contrast with their background. Address identification shall be Arabic numerals or alphabetical letters. Numbers shall be spelled out. Each character shall not be less than eight inches (8”) high with a minimum stroke width of one inch (1”). During the hours of darkness, they shall be electrically illuminated with an internal low voltage light source. Where building setbacks exceed 200 feet from the street, or where address identification would not be visible or would otherwise be obstructed, additional non-illuminated address identification shall be displayed on a monument, sign or other approved means used to identify structures. Additional address identification characters shall not be less than six inches (6”) in height, with a minimum stroke width of three-quarter inches (3/4”). Where required, address identification shall be provided in additional approved locations to facilitate emergency response. Address identification shall be maintained. Buildings which have vehicular access to the rear side by means of a drive aisle, alley, or parking lot shall also display address identification meeting the minimum requirements of this Standard on the rear of the building Packet Page. 645 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 48 JULY 2025 5.1.4 Ongoing Infrastructure Maintenance The Project BOA and/or Property Manager(s) shall be responsible for long term funding and maintenance of internal private roads, communal fuel modification zones, and fire protection systems (including fire sprinklers). The maintenance responsibilities of fuel modification zones and defensible space are discussed in more detail in section 5.4. 5.1.5 Pre-Construction Requirements Prior to bringing lumber or combustible materials onto the site, site improvements within the active development area shall be in place, including utilities, operable fire hydrants, an approved, temporary roadway surface, and fuel modification zones established. These features shall be approved by the fire department designee prior to combustibles being brought on-site. Any combustible scrap materials will be noticed on a daily basis or more frequently, as required by the SBCFPD. 5.2 Infrastructure and Fire Protection Systems 5.2.1 Water Supply Water service for Project site will be provided by San Bernardino County Municipal Water District, Division 117 (SBCMWD). All water storage and hydrant locations, mains, and water pressures would be designed to fully comply with SBCFPD Fire Flow Requirements. As detailed in the SBCFPD Fire Code Section 507 and California Fire Code Section 903.2, all residential structures are required to have NFPA 13D property protection internal fire sprinklers. Therefore, water supply must meet a two-hour fire flow requirement. The water supply will be capable of supplying the required fire flow for fire protection and sized according to the applicable codes and design standards. An SBCFPD official will be notified prior to a water supply test or provided with approved documentation before approval of the water supply system (CFC Section 507.4). 5.2.2 Hydrants Fire Hydrant systems shall comply with SBCFPD Fire Code 507.5.1 through 507.5.6 and SBCFPD Fire Prevention Standards. 5.2.3 Automatic Fire Sprinkler Systems Fire sprinklers systems shall be in accordance with SBCFPD Fire Prevention Standard Fire Sprinkler Systems in Non-Residential Buildings (SBCFPD Standard F-1), and National Fire Protection Association (NFPA) Standard 13. Fire sprinkler plans for each structure will be submitted and reviewed by SBCFPD for compliance with the applicable fire and life safety regulations, codes, and ordinances as well as the SBCFPD Standard F-1. 17 https://open.sbcounty.gov/datasets/c84c98f3562e497db74ab82af4c1c6a7/explore?location=34.091056%2C- 117.329611%2C11.53 Packet Page. 646 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 49 JULY 2025 5.3 Ignition Resistant Construction and Fire Protection Systems All new structures within the Project site will be constructed to Fire Code standards. Each of the proposed buildings will comply with the enhanced ignition-resistant construction standards of the 2022 CBC (Chapter 7A). These requirements address roofs, eaves, exterior walls, vents, appendages, windows, and doors and result in hardened structures that have been proven to perform at high levels (resist ignition) during the typically short duration of exposure to burning vegetation from wildfires. Appendix D,Ignition-Resistant Construction Requirements provides a summary of the requirements for ignition resistant construction. While these standards will provide a high level of protection to structures in this development, there is no guarantee that compliance with these standards will prevent damage or destruction of structures by fire in all cases. There are three primary concerns for structure ignition: 1) radiant and/or convective heat, 2) burning embers, and 3) direct flame impingement (NFPA 1144 2008, IBHS 2008, and others). Burning embers have been a focus of building code updates for at least the last decade, and new structures in the Wildland Urban Interface (WUI) built to these codes have proven to be very ignition resistant. Likewise, radiant, and convective heat impacts on structures have been minimized through Chapter 7A exterior fire ratings for walls, windows, and doors. Additionally, provisions for modified fuel areas separating wildland fuels from structures have reduced the number of fuel-related structure losses. As such, most of the primary components of the layered fire protection system provided the Project are required by the SBCFPD but are worth listing because they have been proven effective for minimizing structural vulnerability to wildfire and, with the inclusion of required NFPA 13D automatic interior fire sprinklers within all residential buildings for extinguishing interior fires, should embers succeed in entering a structure. Even though these measures are now required by the latest Building and Fire Codes, at one time, they were used as mitigation measures for buildings in WUI areas, because they were known to reduce structure vulnerability to wildfire. These measures performed so well; they were adopted into the code. The following Project features are required for new development in WUI areas and form the basis of the system of protection necessary to minimize structural ignitions as well as providing adequate access by emergency responders: 1. The 7A Materials and Construction Methods for Exterior Wildfire Exposure CBC chapter details the ignition resistant requirements for the following key components of building safely in wildland urban interface and fire hazard severity zones: a. Roofing Assemblies (covering, valleys and gutters) b. Vents and Openings c. Exterior wall covering d. Open Roof Eaves e. Closed Roof Eaves and Soffits f. Exterior Porch Ceilings g. Floor projections and underfloor protection h. Underfloor appendices i. Windows, Skylights and Doors j. Decking k. Accessory structures Packet Page. 647 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 50 JULY 2025 2. New class-A fire rated roof and associated assembly. With the proposed class-A fire rated roof, areas where there will be attic or void spaces requiring ventilation to the outside environment, the attic spaces will require either ember-resistant roof vents or a minimum 1/16-inch mesh (smaller sizes restrict air flow) and shall not exceed 1/8-inch mesh for side ventilation (recommend Vulcan, BrandGuard, O’Hagin or similar vents. Structures along the perimeter of the development shall not have any vents on the side of the structures that face the fuel modification zones and/or off-site vegetation areas. All vents used for this Project will be approved by SBCFPD. 3. Per Chapter 7A of the CBC, for structures that achieve the minimum 100 feet of on-site fuel modification, all exterior windows, skylights, and exterior glazed door assemblies shall be constructed of multipaned glazing with a minimum of one tempered pane. All windows shall be UL listed, not of vinyl construction, and shall have a fire-resistant rating of not less than 20 minutes when tested according to NFPA 257/UL 263 (such as SaftiFirst, SuperLite 20-minute rated glass product), or be tested to meet the performance requirements of State Fire Marshal Standard 12-7A-2. 4. The proposed Project structures would be constructed of ignition resistant18 construction materials and include the installation of National Fire Protection Association (NFPA) 13D automatic interior fire sprinkler systems within all residential buildings, based on the latest adopted Building and Fire Code requirements for each occupancy type. 5. Modern infrastructure, access roads, and water delivery system. 5.4 Defensible Space and Vegetation Management WUI fire protection requires a systematic approach, which includes the components of infrastructure and water, structural safeguards (addressed in the FPP), and adequate defensible space setbacks. A critical component of a fire protection system for this Project is the provision for ignition-resistant landscapes. A fuel modification zone (FMZ) is a strip of land where combustible vegetation has been removed and/or modified and partially or totally replaced with more adequately spaced, drought-tolerant, fire resistant plants in order to provide a reasonable level of protection to structures from wildland fire. FMZs are designed to provide vegetation buffers that gradually reduce fire intensity and flame lengths from advancing fire by strategically placing thinning zones, restricted vegetation zones, and irrigated zones adjacent to each other on the perimeter of the WUI exposed structures. Cohen (1995) performed structure ignition fire research studies that suggest, as a rule-of-thumb, larger flame lengths and widths require wider fuel modification zones to reduce structure ignition. For example, valid Structure Ignition Assessment Modeling results indicate that a 20-foot-high flame has minimal radiant heat to ignite a structure (bare wood) beyond thirty-three feet (horizontal distance). Whereas a 70-foot-high flame requires about 130 feet of clearance to prevent structure ignitions from radiant heat (Cohen and Butler 1996). For this fire study example, bare wood was used, which is more combustible unlike the ignition-resistant construction of the Project. For the Project, assuming 42-foot flame lengths (modeled under a Santa Ana wind gust), the 100 feet of fuel modification is more than sufficient. Based on the modeled extreme weather flame lengths for the Project site once developed and FMZs are in place, wildfire flame lengths are projected to be approximately between 1 and 3 feet in height within the areas of the Project Footprint that are not paved (the well-maintained irrigated areas of the development). The adjacent sage 18 A type of building material that resists ignition or sustained flaming combustion sufficiently to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames, as prescribed in CBC, Chapter 7A and State Fire Marshal Standard 12-7A-5, Ignition-Resistant Materials. Packet Page. 648 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 51 JULY 2025 scrub intermixed with non-native grasslands would remain unaltered and retain the fire behavior of existing conditions. This can be altered when neighboring property owners perform weed abatement. The fire behavior modeling system used to predict these flame lengths was not intended to determine sufficient FMZ widths, but it does provide the average predicted length of the flames, which is a key element for determining “defensible space” distances for providing firefighters with room to work and minimizing structure ignition. Due to site constraints, it is not possible to achieve a minimum 100 feet of on-site fuel modification width for every building on the Project site. Areas of the development that do not achieve the required minimum 100 feet of defensible space on site will provide off site equivalent defensible space and FMZs or provide a non-combustible, six-foot heat-deflecting wall. 5.4.1 San Bernardino County Fuel Modification Zone Standards and Defensible Space Defensible space, coupled with property hardening, is essential to improve a building’s chance of surviving wildfire. Defensible space is the buffer created between a building and the grass, trees, shrubs, or any wildland area that surrounds it. This space is needed to slow or stop the spread of wildfire, and it helps protect buildings from catching fire—either from embers, direct flame contact or radiant heat. Proper defensible space also provides firefighters with a safe area to work in, to defend the building. The purpose of this section is to document SBCFPD’s standards and make them available for reference. SBCFPD’s Fire Code are consistent with the 2022 California Fire Code (Section 4907 — Defensible Space), Government Code 51175 – 51189, and Public Resources Code 4291, which require that fuel modification zones be provided around every building that is designed primarily for human habitation or use within an SRA or a LRA VHFHSZ. FMZ and Defensible Space, when properly maintained, along with other fire hazard reducing features, will effectively minimize the potential for structure ignition from direct flame impingement or radiant heat within the Project area. Assembly Bill 3074, passed into law in 2020, requires a third zone for defensible space. This law required the Board of Forestry and Fire Protection to develop the regulation for a new ember-resistant zone (Zone 0) within 0 to 5 feet of the home by January 1, 2023. The intensity of wildfire fuel management for a traditional FMZ varies within the 100-foot perimeter of the structure, with more intense fuels’ reduction occurring closer to the structure. A Fuel Modification Plan shall be reviewed and approved by a SBCFPD Fire Safety Specialist for consistency with defensible space and fire safety guidelines. The Project’s Fuel Modification Plan — Parcel 1 (Figure 6) conceptually displays a non-combustible and fully irrigated FMZ area for the Project site. To ensure long-term identification and maintenance, a fuel modification area shall be identified by a permanent zone marker meeting the approval of SBCFPD. All markers will be located along the perimeter of the fuel modification area at a minimum of 500 feet apart or at any direction change of the fuel modification zone boundary. This applies only to the on-site FMZ areas and would not be provided off-site on roadways and similar landscapes that are providing FMZ equivalent. FMZs will be maintained on at least an annual basis or more often as needed to maintain the fuel modification buffer function. 5.4.2 San Bernardino County Fuel Modification Zones The Fuel Modification Zones affect new structures and developments built in the high fire hazard areas. A plan shall be approved by the SBCFPD that helps protect developments by requiring vegetation planted in zones around structures to be selected from an approved list and identifies areas that require brush clearance or thinning. The entire property from the exterior of the building to the property lines will be either irrigated landscaping or Packet Page. 649 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 52 JULY 2025 non-combustible paved surfaces in the form of roads, walkways, parking areas, and loading and unloading areas. The landscaping requirements for each zone is described below. Z E ”–r t e Zone 0 applies around all project structures. The first five (5) feet from the home is the most important for preventing ember ignition. Keeping the area closet to buildings, structures, and decks clear will prevent embers from igniting materials that can spread the fire to the structure. The majority of homes lost to wildfire are ignited by flying embers. Embers can travel miles ahead of the active front of wildfires. What to do: 1. Use hard scape like gravel, pavers, or concrete. No combustible bark or mulch. 2. Remove all dead and dying plants, weeds, debris (leaves, needles, etc.) from your roof, gutter, deck, porch, stairways, and under any areas of your home. 3. Remove all branches within ten feet (10’) of any chimney or stovepipe outlet. 4. Limit combustible items (like outdoor furniture and planters) on top of decks. 5. Relocate firewood and lumber to Zone 2. 6. Replace combustible fencing, gates, and arbors attached to the homes with noncombustible alternatives. 7. Consider relocating garbage and recycling containers outside this zone. 8. Consider relocating boats, RV’s vehicles, and other combustible items outside this zone. –t ”p t ,n d n n 0 t f . Zone 1 applies to all project structures and facilities including parks and retention basins. Regularly clear dead or dry vegetation and create space between trees. Vegetation to be irrigated. During drought times when watering is limited, pay special attention to clearing dead or dying material. Removing dead plants and creating space between trees and shrubs creates a buffer on the property and reduces potential fuel for fire. What to do: 1. Remove all the dead plants, grass, and weeds. 2. Remove dead or dry leaves and pine needles. 3. Trim trees regularly to keep branches at a minimum of ten feet (10’) from structures. 4. Plantings should be limited to well irrigated, well-spaced low fuel volume, high fuel moisture, drought tolerant, low profile fire resistive groundcover, shrubs or lawn 5. Spacing between shrubs should be two times the height of the shrub. Trees shall be limbed and pruned 1/3 of the height or six feet (6')from ground, spacing shall be thirty feet (30') for mature trees. 6. Create a separation between trees, shrubs, and items that could catch fire, such as patio furniture, wood piles, swing sets, etc. Packet Page. 650 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 53 JULY 2025 Z E ”0 t m . Zone 2 applies around all project structures beginning at the edge of Zone 1 (30 feet) and continuing outwards up to 100 feet. Zone 2 treatments continue to reduce potential fuel within 100 feet of structures. 100 feet of defensible space is required by Public Resource Code (PRC) 4291. What to do: 1. Manufactured slopes and landscape plantings to be well-irrigated. 2. Natural vegetation should be maintained to have horizontal space between shrubs and trees and vertical space between grass, shrubs, and trees. Spacing between shrubs should be two times the height of the shrub. Trees shall be limbed and pruned 1/3 of the height or six feet (6') from ground, spacing shall be thirty feet (30') for mature trees. 3. Maintain all vegetation free of deadwood. 4. Cut or mow annual grass down to maximum height of four inches (4”), no dry grass is allowed. 5. Remove fallen leaves, needles, twigs, bark, cones, and small branches. However, they may be permitted as mulch to a depth of three inches (3”). 6. Keep ten feet (10’) of clearance around exposed wood piles, down to bare mineral soil, in all directions. 7. Clear areas around outbuildings and propane tanks. Keep ten feet (10’) of clearance to bare mineral soil and no flammable vegetation for an additional ten feet (10’) around the exterior. E ”0 t m y e d s s . Zone 2 applies between the Project and unmaintained open space measured from the Property Line 100 feet inward. Remove and reduce fuel from a potential fire pathway from unmaintained open space towards the structures. What to do: 1. Manufactured slopes and landscape plantings to be well-irrigated. 2. Interrupt continuous fuel beds by providing horizontal space between shrubs and trees and vertical space between grass, shrubs, and trees. Spacing between shrubs should be two times the height of the shrub, with twenty feet (20’) between large groupings of shrubs or trees. Trees shall be limbed and pruned 1/3 of the height or six feet (6’) from ground, spacing shall be thirty feet (30') for mature trees. 3. Maintain all vegetation free of deadwood. 4. Cut or mow annual grass down to maximum height of four inches (4”), no dry grass is allowed. 5. Remove fallen leaves, needles, twigs, bark, cones, and small branches. However, they may be permitted as mulch to a depth of three inches (3”). 6. Keep ten feet (10’) of clearance around exposed wood piles, down to bare mineral soil, in all directions. 7. Clear areas around outbuildings and propane tanks. Keep ten feet (10’) of clearance to bare mineral soil and no flammable vegetation for an additional ten feet (10’) around the exterior. Packet Page. 651 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 54 JULY 2025 5.4.3 Ongoing Infrastructure and FMZ Maintenance Vegetation management, i.e., assessment of fuel modification zone conditions and removal of dead and dying and undesirable species; as well as thinning as necessary to maintain specified plant spacing and fuel densities, shall be completed annually by May 1 of each year and more often as needed for fire safety. The Project’s BOA and/or Property Manager shall be responsible for all fuel modification vegetation management in compliance with the plan and the SBCFPD requirements for all areas of the Project site, including fuel modification zones. The Project’s BOA and/or Property Manager will assure lots comply with the plan initially and on an ongoing basis. Chapter 7A requirements for ongoing maintenance of fire-resistive building materials and fire sprinkler systems will be maintained to a code-complying level, as-approved in this or similar documents, in perpetuity. Additionally, the Project’s BOA and/or Property Manager shall be responsible for ensuring long-term funding and ongoing compliance with all provisions of the FPP, including vegetation planting, fuel modification on the perimeter, and maintenance requirements on all communal areas and roadsides. Maintenance of FMZ’s and Defensible Space is a critical component for the long-term fire safety of the Project. maintenance obligations will be as follows: All future plantings shall be in accordance with SBCFPD fuel modification requirements. The SBCFPD will review landscape plans and provide corrections where necessary so that they are in compliance with SBCFPD standards. Changing landscaping in communal areas will be reviewed by the SBCFPD and approved prior to installation. P s A r y : The Project’s BOA and/or Property Manager will maintain the access roads within the Development Footprint adjacent to open space areas. The Project’s BOA and/or Property Manager will be required to annually maintain the FMZs (or as needed). The Project’s BOA and/or Property Manager will maintain all communal areas, including trees planted along internal roadways and in other areas throughout the Project. 5.4.4 Construction Phase Vegetation Management Vegetation management requirements shall be implemented at commencement and throughout the construction phase. Vegetation management for the Project area shall be performed pursuant to the FPP and FAHJ on all building locations prior to the start of work and prior to any import of combustible construction materials. Adequate, code complying, fuel breaks shall be created around all grading, site work, and other construction activities in areas where there is flammable vegetation. Fuel Modification Zones will be maintained, as approved, throughout construction and in perpetuity thereafter. Caution must be used not to cause erosion or ground (including slope) instability or water runoff due to vegetation removal, vegetation management, maintenance, landscaping, or irrigation. Combustible materials will not be brought on-site without prior fire department approval. Packet Page. 652 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 55 JULY 2025 5.5 Pre-Construction Defensible Space Requirements Per SBCFPD, a fuel modification plan (refer to Figure 6) shall be submitted and have preliminary approval prior to any subdivision of land; or, have final approval prior to the issuance of a permit for any permanent structure used for habitation; where, such structure or subdivision is located within areas designated as a Fire Hazard Severity Zone within SRA or within the LRA. An on-site inspection must be conducted by the SBCFPD, and final approval of the fuel modification plan issued prior to a certificate of occupancy being granted by the building code official. As an additional consultant recommendation, prior to bringing lumber or combustible materials onto the Project site, improvements within the active development area shall be in place, including utilities, operable fire hydrants, an approved, temporary roadway surface, and fuel modification zones established. As demonstrated in Figure 6, Fuel Modification Plan — Parcel 1, there are some areas where 100 feet of Fuel Modification cannot be achieved on site. This section allows for a conservative fire analysis of the Project area. Packet Page. 653 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 56 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 654 Date: 7/2/2025 - Last saved by: kholmes - Path: Z:\Projects\j1442800\MAPDOC\UniversityHills_Fire.aprx 0( 5 * ( 1 & < ((+ , & / ( 9 && ( 6 6 $ OP E N SP A C E LO T OP E N SP A C E LO T PA R K PA R K DE S I G N A T E D RE M A I N D E R 79 f t 66 f t 79 f t SO U R C E : A E R I A L - E S R I I M A G E R Y 2 0 2 2 ; D E V E L O P M E N T - K I M L E Y - H O R N 2 0 2 5 0 1 5 0 75 Fe e t Pa r c e l 1 Pr o j e c t S i t e - P a r c e l 1 Pr o p e r t y L i n e Gr a d i n g L i m i t s La n d U s e De v e l o p m e n t Ro a d w a y A c c e s s Ac c e s s R o a d Em e r g e n c y V e h i c l e A c c e s s Wa t e r Q u a l i t y B a s i n Fu e l M o d i f i c a t i o n Z o n e Zo n e 0 ( 0 - 5 f t ) Zo n e 1 ( 5 - 3 0 f t ) Zo n e 2 ( 3 0 - 1 0 0 f t ) Zo n e 3 P r o p e r t y l i n e ( P L ) t o 1 0 0 f t i n w a r d 0- 1 0 0 - f t ( W a t e r T a n k ) 20 - f t R o a d s i d e Z o n e FI G U R E 6 - V i e w 1 Fu e l M o d i f i c a t i o n P l a n - P a r c e l 1 Fi r e P r o t e c t i o n P l a n - U n i v e r s i t y H i l l s P r o j e c t Packet Page. 655 UN I V E R S I T Y H I L L S / P R E L I M I N A R Y F I R E P R O T E C T I O N P L A N 14 4 2 8 5 8 JU L Y 2 0 2 5 IN T E N T I O N A L L Y L E F T B L A N K Packet Page. 656 Date: 7/2/2025 - Last saved by: kholmes - Path: Z:\Projects\j1442800\MAPDOC\UniversityHills_Fire.aprx OP E N SP A C E LO T WA T E R TA N K SO U R C E : A E R I A L - E S R I I M A G E R Y 2 0 2 2 ; D E V E L O P M E N T - K I M L E Y - H O R N 2 0 2 5 0 1 5 0 75 Fe e t FI G U R E 6 - V i e w 2 Pa r c e l 1 Pr o j e c t S i t e - P a r c e l 1 Pr o p e r t y L i n e Gr a d i n g L i m i t s La n d U s e De v e l o p m e n t Ro a d w a y A c c e s s Ac c e s s R o a d Em e r g e n c y V e h i c l e A c c e s s Wa t e r Q u a l i t y B a s i n Fu e l M o d i f i c a t i o n Z o n e Zo n e 0 ( 0 - 5 f t ) Zo n e 1 ( 5 - 3 0 f t ) Zo n e 2 ( 3 0 - 1 0 0 f t ) Zo n e 3 P r o p e r t y l i n e ( P L ) t o 1 0 0 f t i n w a r d 0- 1 0 0 - f t ( W a t e r T a n k ) 20 - f t R o a d s i d e Z o n e Fu e l M o d i f i c a t i o n P l a n - P a r c e l 1 Fi r e P r o t e c t i o n P l a n - U n i v e r s i t y H i l l s P r o j e c t Packet Page. 657 UN I V E R S I T Y H I L L S / P R E L I M I N A R Y F I R E P R O T E C T I O N P L A N 14 4 2 8 6 0 JU L Y 2 0 2 5 IN T E N T I O N A L L Y L E F T B L A N K Packet Page. 658 Date: 7/2/2025 - Last saved by: kholmes - Path: Z:\Projects\j1442800\MAPDOC\UniversityHills_Fire.aprx OP E N SP A C E LO T OP E N S P A C E L O T PA R K SO U R C E : A E R I A L - E S R I I M A G E R Y 2 0 2 2 ; D E V E L O P M E N T - K I M L E Y - H O R N 2 0 2 5 0 1 5 0 75 Fe e t FI G U R E 6 - V i e w 3 Pa r c e l 1 Pr o j e c t S i t e - P a r c e l 1 Pr o p e r t y L i n e Gr a d i n g L i m i t s La n d U s e De v e l o p m e n t Ro a d w a y A c c e s s Ac c e s s R o a d Em e r g e n c y V e h i c l e A c c e s s Wa t e r Q u a l i t y B a s i n Fu e l M o d i f i c a t i o n Z o n e Zo n e 0 ( 0 - 5 f t ) Zo n e 1 ( 5 - 3 0 f t ) Zo n e 2 ( 3 0 - 1 0 0 f t ) Zo n e 3 P r o p e r t y l i n e ( P L ) t o 1 0 0 f t i n w a r d 0- 1 0 0 - f t ( W a t e r T a n k ) 20 - f t R o a d s i d e Z o n e Fu e l M o d i f i c a t i o n P l a n - P a r c e l 1 Fi r e P r o t e c t i o n P l a n - U n i v e r s i t y H i l l s P r o j e c t Packet Page. 659 UN I V E R S I T Y H I L L S / P R E L I M I N A R Y F I R E P R O T E C T I O N P L A N 14 4 2 8 6 2 JU L Y 2 0 2 5 IN T E N T I O N A L L Y L E F T B L A N K Packet Page. 660 Date: 7/2/2025 - Last saved by: kholmes - Path: Z:\Projects\j1442800\MAPDOC\UniversityHills_Fire.aprx CA M P U S P A R K W A Y BA D G E R C A N Y O N R D SO U R C E : A E R I A L - E S R I I M A G E R Y 2 0 2 2 ; D E V E L O P M E N T - K I M L E Y - H O R N 2 0 2 5 0 1 5 0 75 Fe e t Pa r c e l 1 Pr o j e c t S i t e - P a r c e l 1 Pr o p e r t y L i n e Gr a d i n g L i m i t s La n d U s e De v e l o p m e n t Ro a d w a y A c c e s s Ac c e s s R o a d Em e r g e n c y V e h i c l e A c c e s s Wa t e r Q u a l i t y B a s i n Fu e l M o d i f i c a t i o n Z o n e Zo n e 0 ( 0 - 5 f t ) Zo n e 1 ( 5 - 3 0 f t ) Zo n e 2 ( 3 0 - 1 0 0 f t ) Zo n e 3 P r o p e r t y l i n e ( P L ) t o 1 0 0 f t i n w a r d 0- 1 0 0 - f t ( W a t e r T a n k ) 20 - f t R o a d s i d e Z o n e FI G U R E 6 - V i e w 4 Fu e l M o d i f i c a t i o n P l a n - P a r c e l 1 Fi r e P r o t e c t i o n P l a n - U n i v e r s i t y H i l l s P r o j e c t Packet Page. 661 UN I V E R S I T Y H I L L S / P R E L I M I N A R Y F I R E P R O T E C T I O N P L A N 14 4 2 8 6 4 JU L Y 2 0 2 5 IN T E N T I O N A L L Y L E F T B L A N K Packet Page. 662 Date: 7/2/2025 - Last saved by: kholmes - Path: Z:\Projects\j1442800\MAPDOC\UniversityHills_Fire.aprx CA M P U S P A R K W A Y BA D G E R C A N Y O N R D NORTH P A R K BLVD W C A M P U S P K W Y SO U R C E : A E R I A L - E S R I I M A G E R Y 2 0 2 2 ; D E V E L O P M E N T - K I M L E Y - H O R N 2 0 2 5 0 1 5 0 75 Fe e t Pa r c e l 1 Pr o j e c t S i t e - P a r c e l 1 Pr o p e r t y L i n e Gr a d i n g L i m i t s La n d U s e De v e l o p m e n t Ro a d w a y A c c e s s Ac c e s s R o a d Em e r g e n c y V e h i c l e A c c e s s Wa t e r Q u a l i t y B a s i n Fu e l M o d i f i c a t i o n Z o n e Zo n e 0 ( 0 - 5 f t ) Zo n e 1 ( 5 - 3 0 f t ) Zo n e 2 ( 3 0 - 1 0 0 f t ) Zo n e 3 P r o p e r t y l i n e ( P L ) t o 1 0 0 f t i n w a r d 0- 1 0 0 - f t ( W a t e r T a n k ) 20 - f t R o a d s i d e Z o n e FI G U R E 6 - V i e w 5 Fu e l M o d i f i c a t i o n P l a n - P a r c e l 1 Fi r e P r o t e c t i o n P l a n - U n i v e r s i t y H i l l s P r o j e c t Packet Page. 663 UN I V E R S I T Y H I L L S / P R E L I M I N A R Y F I R E P R O T E C T I O N P L A N 14 4 2 8 6 6 JU L Y 2 0 2 5 IN T E N T I O N A L L Y L E F T B L A N K Packet Page. 664 14428 67 JULY 2025 6 Wildfire Education Program Early evacuation for any type of wildfire emergency at the Project site is the preferred method of providing for employees and customer safety, consistent with the SBCFPD’s current approach. As such, the Project’s BOA and/or Project’s Property Manager would formally adopt, practice, and implement a “Ready, Set, Go!” approach to evacuation19. The “Ready, Set, Go!” concept is widely known and encouraged by the State of California and most fire agencies. Pre-planning for emergencies, including wildfire emergencies, focuses on being prepared, having a well-defined plan, minimizing the potential for errors, maintaining the Project site’s fire protection systems, and implementing a conservative (evacuation as early as possible) approach to evacuation and Project area activities during periods of fire weather extremes. Project occupants would be provided ongoing education by the BOA/Property Management regarding wildfires and the FPP’s requirements. The educational information must include maintaining the landscape and structural components according to the appropriate standards designed for the development. Informational handouts, website pages, mailers, fire-safe council participation, inspections, and seasonal reminders are some methods that would be used to disseminate wildfire and relocation awareness information. SBCFPD would review and approve all wildfire educational material and programs before printing and distribution. Additionally, management of on-site entities occupying the site’s structures will be required to register for Countywide alerts via the Telephone Emergency Notification Systems (TENS) and San Bernardino Ready App (SB Ready)20. Personnel and employees will be strongly encouraged to also register to receive emergency alerts. 6.1 Recognition for Fire Safety and Maintaining Fire Insurance Insurance companies have begun to assess communities against guidelines above and beyond the fire code and local standards documented within this FPP. Due to the heightened standard assessed by the insurance industry, homeowners and communities have been dropped from insurance or have experienced rate increases despite complying with the minimum codes and standards. The Firewise USA program administered by NFPA is a certification program for communities to gain recognition for the fire-wise design and maintenance of their community. Firewise USA began in 2019 with seven sites that were challenged to improve the fire resilience of their communities through a focused approach to active wildfire risk reduction. This is done through a collaborative framework created to empower neighbors to get organized and take action to reduce wildfire risk at a local level. The program has grown to include over 1.5 million residents living in Firewise USA communities (Firewise USA, n.d.a). The insurance industry, due to Department of Insurance Regulation #REG-2020-00015, is required to recognize the Firewise certification and consider it when it comes to determining if a community is insurable; cuts to insurance premiums have been made based on this certification. Given the established framework of Firewise USA, its direct mention in regulatory language, and its existing adoption by multiple insurance companies, it can be reasonably anticipated that more companies will require the same certification from customers that attempt to pursue discounted policies. 19 https://www.sbcounty.gov/uploads/SBCFire/documents/programs/20231130_sbcfire_ready_set_go_flyer.pdf 20 https://sbcfire.org/alertwarning/ Packet Page. 665 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 68 JULY 2025 There are several requirements to become a Firewise USA community and multiple living documents must be prepared. Firewise USA communities must have a minimum of 8 dwelling units and a maximum of 2,500, meaning the proposed Project, in its entirety, would be able to participate in the program (Firewise USA, n.d.b). To become certified, a board or committee of volunteers made up of residents and partners such as a representative of the local FD would first need to be formed. A community wildfire risk assessment (CWRA) would then need to be completed, either independently or with assistance from a third-party consultant such as Dudek. The CWRA would need to be updated at least every five years. From the CWRA, a three-year action plan would be created that prioritizes risk reduction actions to be taken within the community and would need to be updated at least every three years. Every year, a worksheet would need to be filled out compiling the volunteer hours performed towards the goals outlined in the three-year action plan. One volunteer hour is required to be performed per dwelling unit within the community, or an investment of monetary equivalent in mitigation efforts can be made in lieu of volunteer hours (Firewise USA, n.d.b). In addition to the Firewise certification, the community can hire a qualified individual such as Dudek to assess the community regularly to document compliance with not only the fire code but the insurance industry minimums. Wildfire Risk Assessments have proven valuable in helping communities maintain fire insurance or even apply for reduced premiums, given that the insurance industry evaluates fire resistant features above and beyond what the fire code requires. Packet Page. 666 14428 69 JULY 2025 7 Conclusion This FPP for the University Hills Project provides guidance for vegetation maintenance for the landscaped areas on the Project site. As described, vegetation maintenance measures will be provided on all landscaped areas of the proposed Project. The requirements and recommendations provided in this FPP have been designed specifically for the Project. This analysis and its fire protection justifications are supported by fire science research, results from previous wildfire incidents, and fire agencies that have approved these concepts. The fire protection system provided for the Project site includes a redundant layering of code-compliant, fire-resistant construction materials and methods that have been shown through post-fire damage assessments to perform extremely well against wildfire and ember storm conditions. To address areas where the Project is unable to meet the Fire Code due to site constraints, code-exceeding measures have been suggested to meet the intent of the provisions of the Fire Code. The use of these methods and materials along with ongoing maintenance will result in a development that will be highly defensible with minimal firefighting resource demands. It is Dudek’s professional opinion that this project, like any project built to the most recent fire safety code requirements, will not be vulnerable to fire losses experienced by older, less ignition resistant projects and the Project is considered to represent a low wildfire risk to its occupants based on its ability to provide for evacuations. It is necessary to understand that Projects occurring within fire hazard severity zones and wildland urban interface areas with higher potential fire hazards represent lower overall fire safety risk when the buildings and community are built to ignition resistant levels as required by code. Conversely, older communities that do not include the ignition resistant strategies may occur in a location that represents lower potential fire hazards outside of a fire hazard severity zone or wildland urban interface but may actually be at higher overall fire risk due to the vulnerabilities inherent in their construction. Ultimately, it is the intent of this FPP to guide the fire protection efforts for the Project in a comprehensive manner. Implementation of the measures detailed in this FPP will reduce the risk of wildfire spreading from the Project site into surrounding areas and will improve the ability of firefighters to fight fires on the Project property and neighboring properties and resources, irrespective of the cause or location of ignition. Note that this is a conceptual plan, which provides enough detail for SBCFPD’s approval. Detailed plans, such as improvement plans and building permits, demonstrating compliance with the concepts in the FPP and with City and County Fire Code requirements, would be submitted to SBCFPD at the time they are developed. Fire is a dynamic and somewhat unpredictable occurrence and as such, this FPP does not guarantee that a fire will not occur or will not result in injury, loss of life, or loss of property. There are no warranties, expressed or implied, regarding the suitability or effectiveness of the recommendations and requirements in this FPP, under all circumstances. The Project’s developers, contractors, engineers, and architects are responsible for the proper implementation of the concepts and requirements set forth in the FPP. The Project’s BOA and/or property managers are also responsible for maintaining their structures and lots, including fuel modification and landscape, as required by this FPP, the SBCFPD, and as required by the City and County Fire Codes. Alternative methods of compliance with this FPP can be submitted to the fire authority for consideration. It will be extremely important for all employees, the Project’s BOA and/or property managers, and occupants to comply with the recommendations and requirements described and required by the FPP on their property. The responsibility to maintain the fuel modification and fire protection features required for the Project site lies with the Project’s BOA, and/or Property Manager or similar entity. Said the responsible party would oversee ongoing education and maintenance of the communal areas, and the SBCFPD would enforce the vegetation management Packet Page. 667 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 70 JULY 2025 requirements detailed in this FPP. Such requirements would be made as part of deed encumbrances and CC&Rs for each lot, as appropriate. It is recommended that the University Hills Project maintain a conservative approach to fire safety. This approach must include maintaining the landscape and structural components according to the appropriate standards and embracing a “Ready, Set, Go!” stance on evacuation. The Project is not to be considered a shelter-in-place development. However, the fire agencies and/or law enforcement officials may, during an emergency, as they would for any new development providing the layers of fire protection as the Project, determine that it is safer to temporarily refuge employees or visitors on the Project site. When an evacuation is ordered, it will occur according to pre-established evacuation decision points or as soon as notice to evacuate is received, which may vary depending on many environmental and other factors. Fire is a dynamic and somewhat unpredictable occurrence, and it is important for anyone living at the WUI to educate themselves in practices that will improve safety. The goal of the fire protection features, both required and those offered beyond the Codes, provided for the Project is to provide the structures with the ability to survive a wildland fire with little intervention of firefighting forces. Preventing ignition to structures results in a reduction of the exposure of firefighters and occupants to hazards that threaten personal safety. It will also reduce property damage and losses. Mitigating ignition hazards and fire spread potential reduces the threat to structures and can help the fire department optimize the deployment of personnel and apparatus during wildfire. The analysis in this FPP provides support and justifications for acceptance of the proposed fuel modification zones for the proposed Project Development Footprint based on the site-specific fire environment. This plan is intended to outline the generally accepted protocols which it is anticipated will be designed and, as appropriate, refined by SBCFPD at the appropriate time(s) into the final site-specific plan for the University Hills Project. Inasmuch as fire is a dynamic and often unpredictable occurrence, it cannot be guaranteed that, despite precautionary measures, a fire will not occur or that it will not result in injury, loss of life, or damage to or loss of property. No warranties expressed or implied are made herein, notwithstanding that the goal remains to identify a suite of appropriate measures calculated, to the extent feasible under the circumstances, which would mitigate the potential for such injury or damage. Although the SBCFPD may determine to recommend, or mandate, particular ameliorative measures in advance, the responsibility to react to and implement suitable fire protection features required for the project site lies with the Project’s BOA and/or Property Manager. In the event the Project’s HOA and/or Property Management Company undertakes ongoing education and maintenance of the communal areas, this would be additive and support the common mission. Likewise, the SBCFPD may elect to develop and/or implement enforcement of vegetation management requirements. It is common to plan for these contingencies by adopting a “Ready, Set, Go” stance on emergency response (whether fire, earthquakes, flooding, chemical spills, etc.) and on dislocation or evacuation, along with other components discussed below, where appropriate. Experience garnered from other situations tends to support that “shelter-in-place” may be, but is not always, the preferred option. Fire and/or law enforcement officials may, during an emergency, determine that it is safer to temporarily refuge residents on-site. Again, where evacuation is ordered, ideally it will align with pre-established evacuation decision-tree points. Meetings and even drills are considered beneficial to augment the preparedness of owners, occupants, workers, and other potentially affected persons within the development for an incident that could occur with little or no warning. Packet Page. 668 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 71 JULY 2025 L n n e r e n t Any person or entity furnished with this report and/or who reviews it agrees that the advance written consent of Dudek be sought and furnished to such person or entity prior to the review, reliance or authorization as to any matters that are the subject of the reports by any person or entity (whether through act or omission as set forth in the report), other than Dudek’s direct client. In such case, obtaining Dudek’s consent shall not be subject to any fee or charge (other than reasonable copy costs, where applicable). Dudek expressly disavows, does not assume any responsibility for, nor will be liable for any claims, losses, or damages associated with any matters that are the subject of this or other reports it prepares or contributes to respecting this project, however characterized (including without limitation as sounding in tort, breach of contract, misrepresentation by act or omission, failure to adhere to applicable standards of professionalism, statutory liability, etc.), whether in law or equity, whether known or unknown, and whether actual or contingent, excepting only Dudek’s direct client, as to which the limitation of liability provisions in the contract between Dudek and its client shall govern. Packet Page. 669 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 72 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 670 14428 73 JULY 2025 8 List of Preparers P t r d e t Austin Ott Fire Protection Planner V Dudek e r g Doug Nickles Fire Protection Planner V Dudek e n r Dave Stimson Fire Protection Planner II Dudek S t d g Rachel Strobridge Geospatial Analyst Dudek Packet Page. 671 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 74 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 672 14428 75 JULY 2025 9 References Alexander, M. E. 1998. Crown fire thresholds in exotic pine plantations of Australia. Canberra, Australia: Australian National University. 228 p. Ph.D. Thesis Anderson, Hal E. 1982. Aids to Determining Fuel Models for Estimating Fire Behavior. USDA Forest Service Gen. Tech. Report INT-122. Intermountain Forest and Range Experiment Station, Ogden, UT. https://www.fs.usda.gov/rm/pubs_int/int_gtr122.pdf Andrews, P.L. 1980. Testing the fire behavior model. In Proceedings 6th conference on fire and forest meteorology. April 22–24, 1980. Seattle, WA: Society of American Foresters. Pp. 70–77. Andrews, Patricia L.; Collin D. Bevins; and Robert C. Seli. 2008. BehavePlus fire modeling system, version 3.0: User’s Guide. Gen. Tech. Rep. RMRS-GTR-106 Ogden, Utah: Department of Agriculture, Forest Service, Rocky Mountain Research Station. 132p. Arca, B., Laconi, M., Maccioni, A., Pellizzaro, G. and Salis, M., 2005. Validation of FARSITE model in Mediterranean area.University of Sassari. Baltar, M., J.E. Keeley, and F. P. Schoenberg. 2014. County-level Analysis of the Impact of Temperature and Population Increases on California Wildfire Data. Environmetrics 25; 397-405. Braun, K. 2002. Bushfire Threat to Homeowners. Community Perspectives about Fire, 2, 64-71. Braziunas, K. H., Seidl, R., Rammer, W., & Turner, M. G. (2021). Can we manage a future with more fire? Effectiveness of defensible space treatment depends on housing amount and configuration. Landscape Ecology, 36(2), 309–330. https://doi.org/10.1007/s10980-020-01162-x Brown, J.K. 1982. Fuel and fire behavior prediction in big sagebrush. USDA Forest Service Res. Pap. INT-290. 10p. Brown, J.K., 1972.Field test of a rate-of-fire-spread model in slash fuels (Vol. 116). Intermountain Forest & Range Experiment Station, Forest Service, US Department of Agriculture. Bushey, C.L. 1985. Comparison of observed and predicted fire behavior in the sagebrush and bunchgrass vegetation-type. In J.N. Long (ed.), Fire management: The challenge of protection and use: Proceedings of a symposium. Society of American Foresters. Logan, UT. April 17–19, 1985. Pp. 187–201. California Building Standards Commission. 2023. California Building Standards Code (California Code of Regulations, Title 24). Published July 1, 2022; effective January 1, 2023. http:/ www.bsc.ca.gov/ Codes.aspx. California Fire Alliance (CFA). 2004. California Fire Siege, 2003, The Story. CAL FIRE. 2019. Scott McLean interview AP news. Wildfire Acreage Way Down in California. Web site: https://apnews.com/article/3e9d569f05b34f218fab4461dee935d5 Packet Page. 673 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 76 JULY 2025 CAL FIRE. 2006. General Guidelines for Creating Defensible Space. May 8, 2006. https://bof.fire.ca.gov/ media/4mwdav3l/rpc-2-c-defensible-space-guidance-document_ada.pdf Cochrane, M. A., Moran, C. J., Wimberly, M. C., Baer, A. D., Finney B, M. A., Beckendorf, K. L., Eidenshink, J., & Zhu, Z. 2012. Estimation of wildfire size and risk changes due to fuels treatments. International Journal of Wildland Fire, 21, 357–367. https://doi.org/10.1071/WF11079 Cohen, J.D., and Butler, B.W., 1996, October. Modeling potential structure ignitions from flame radiation exposure with implications for wildland urban interface fire management. In Thirteenth Fire and Forest Meteorology Conference, Lorne, Australia (p. 82). Cohen, Jack D. 1995. Structure ignition assessment model (SIAM). In: Weise, D.R.; Martin, R.E., technical coordinators. Proceedings of the Biswell symposium: fire issues and solutions in urban interface and wildland ecosystems. 1994 February 15¬17; Walnut Creek, California. Gen. Tech. Rep. PSW-GTR-158. Albany, Elia, M., Giannico, V., Lafortezza, R., & Sanesi, G. 2019. Modeling fire ignition patterns in Mediterranean urban interfaces. Stochastic Environmental Research and Risk Assessment, 33(1), 169–181. https://doi.org/10.1007/s00477-018-1558-5 FireFamily Plus. 2008. U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station. 124 p http://www.firelab.org/project/firefamilyplus. Fox, D. M., Carrega, P., Ren, Y., Caillouet, P., Bouillon, C., & Robert, S. 2018. How wildfire risk is related to urban planning and Fire Weather Index in SE France (1990–2013). Science of the Total Environment, 621, 120–129. https://doi.org/10.1016/j.scitotenv.2017.11.174 FRAP (Fire and Resource Assessment Program). 2007. Fire Hazard severity Zones in SRA. Adopted by California Department of Forestry and Fire Protection on November 7, 2007. Accessed July 2023. https://frap.fire.ca.gov Gorte, R. W. 2011. Wildfire protection in the Wildland-Urban interface. In Wildfires and Wildfire Management. Grabner, K. W.; Dwyer, J.P.; Cutter, B. E. 2001. Fuel model selection for BEH AVE in midwestern oak savannas. Northern Journal of Applied Forestry. 18: 74-80. Grabner, K., Dwyer, J. and Cutter, B., 1997. Validation of BEHAVE fire behavior predictions in oak savannas using five fuel models.UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE GENERAL TECHNICAL REPORT NC, pp.202-215. Hall, John R. 2013. US Experience with Sprinklers. National Fire Protection Association Report. 91 pp. Holland, R. F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Nongame- Heritage Program, California Department of Fish and Wildlife. Huntzinger, R. (2010). Determining the Necessary Components of an Evacuation and Shelter in Place. Emmitsburg: National Fire Academy. Packet Page. 674 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 77 JULY 2025 Keeley, J.E. and Syphard, A.D., 2018. Historical patterns of wildfire ignition sources in California ecosystems.International journal of wildland fire,27(12), pp.781-799. Keeley, J.E., and P.H. Zedler. 2009. “Large, High-Intensity Fire Events in Southern California Shrublands: Debunking the Fine-Grain Age Patch Model.” Ecological Applications 19:69–94. Keeley, J.E., 2004. Impact of antecedent climate on fire regimes in coastal California.International Journal of Wildland Fire,13(2), pp.173-182. Keeley, J.E. and Fotheringham, C.J., 2003. Impact of past, present, and future fire regimes on North American Mediterranean shrublands. In Fire and climatic change in temperate ecosystems of the Western Americas (pp. 218-262). New York, NY: Springer New York. Keeley, J.E. and S.C. Keeley. 1984. Post fire recovery of California coastal sage scrub. The American Midland Naturalist 111:105-117. Lawson, B.D. 1972. Fire spread in lodgepole pine stands. Graduate Student Theses, Dissertations, & Professional Papers. 2357. https://scholarworks.umt.edu/etd/2357 Linn, R. 2003. “Using Computer Simulations to Study Complex Fire Behavior.” Los Alamos National Laboratory, MS D401. Los Alamos, NM. Marsden-Smedley, J.B. and Catchpole, W.R., 1995. Fire behaviour modelling in Tasmanian buttongrass moorlands. II. Fire behaviour.International Journal of Wildland Fire,5(4), pp.215-228. McAlpine, R.S. and Xanthopoulos, G., 1989. Predicted vs Observed fire spread rates in ponderosa pine fuel beds: a test of American and Canadian systems. In Proceedings of the 10th Conference on Fire and Forest Whitewood= Compte rendu du 10ieme Congress sur les incendies et la meterologie forestiere and editeurs DC Maiver, H. Auld, R. Whitewood. Ottawa, Ont.? Forestry Canada 1989. Mensing, S.A., Michaelsen, J. and Byrne, R., 1999. A 560-year record of Santa Ana fires reconstructed from charcoal deposited in the Santa Barbara Basin, California.Quaternary Research,51(3), pp.295-305. Mockrin, M.H., Fishler, H.K. and Stewart, S.I., 2020. After the fire: Perceptions of land use planning to reduce wildfire risk in eight communities across the United States.International journal of disaster risk reduction,45, p.101444. Nasiatka, P. 2003. Southern California Firestorm 2003 Report for the Wildland Fire Lessons Learned Center. Mission Centered Solutions. National Fire Protection Association. 2021. Myths vs Facts About Home Sprinklers. NFPA Web site at: NFPA’s Fire Sprinkler Initiative-Myths and facts about home fire sprinklers Newman, S.M., Carroll, M.S., Jakes, P.J. and Paveglio, T.B., 2013. Land development patterns and adaptive capacity for wildfire: Three examples from Florida.Journal of Forestry,111(3), pp.167-174. Nichols, K., F.P. Schoenberg, J. Keeley, and D. Diez. 2011. “The Application of Prototype Point Processes for the Summary and Description of California Wildfires.” Journal of Time Series Analysis 32(4): 420–429. Packet Page. 675 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 78 JULY 2025 Romero-Calcerrada R, Novillo CJ, Millington JDA, Gomez-Jimenez I (2008) GIS analysis of spatial patterns of human-caused wildfire ignition risk in the SW of Madrid (Central Spain). Landscape Ecology 23, 341-354. doi:10.1007/S10980-008-9190-2 Rothermel, R.C. 1983. How to predict the spread and intensity of forest and range fires. GTR INT-143. Ogden, Utah: USDA Forest Service Intermountain Research Station.161. Rothermel, R.C., and G.C. Rinehart. 1983. Field Procedures for Verification and Adjustment of Fire Behavior Predictions. Res. Pap. INT-142. Ogden, Utah: U.S. Department of Agriculture, Forest Service, Intermountain Forest, and Range Experiment Station. 25 p. Safford, H. D., Schmidt, D. A., & Carlson, C. H. (2009). Effects of fuel treatments on fire severity in an area of wildland-urban interface, Angora Fire, Lake Tahoe Basin, California. Forest Ecology and Management, 258, 773–787. https://doi.org/10.1016/j.foreco.2009.05.024 San Bernardino County Fire Protection District. 2024. Ready, Set, Go! program. https://www.sbcounty.gov/ uploads/SBCFire/documents/programs/20231130_sbcfire_ready_set_go_flyer.pdf San Bernardino County Fire Protection District. 2024. 2021-2022 Annual Report. Accessed March 2024. https://sbcfire.org/annualreports/fy-21-22/ San Bernardino County Fire Protection District. 2024. Safety. https://sbcfire.org/safety/ Sawyer, J.O, T. Keeler-Wolf, and J.M. Evens. 2009. A Manual of California Vegetation. Second Edition. California Native Plant Society Press. Sacramento, California. 1,300 pp. Scott, Joe H., and Robert E. Burgan. 2005. Standard Fire Behavior Fuel Models: A Comprehensive Set for Use with Rothermel’s Surface Fire Spread Model. Gen. Tech. Rep. RMRS-GTR-153. Fort Collins, CO: U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station. 72 p. Scott, J.H. and Reinhardt, E.D., 2001.Assessing crown fire potential by linking models of surface and crown fire behavior (No. 29). US Department of Agriculture, Forest Service, Rocky Mountain Research Station. Scott, J. H., Thompson, M. P., & Gilbertson-Day, J. W. 2016. Examining alternative fuel management strategies and the relative contribution of National Forest System land to wildfire risk to adjacent homes - A pilot assessment on the Sierra National Forest, California, USA. Forest Ecology and Management, 362, 29–37. https://doi.org/10.1016/j.foreco.2015.11.038 Sneeuwjagt, R.J. and Frandsen, W.H., 1977. Behavior of experimental grass fires vs. predictions based on Rothermel’s fire model.Canadian Journal of Forest Research,7(2), pp.357-367. Steffey, E., Budruk, M. and Vogt, C., 2020. The mitigated neighborhood: Exploring homeowner associations’ role in resident wildfire-mitigation actions.Journal of Forestry,118(6), pp.613-624. Stone, D.R., 1990. California’s endemic vernal pool plants: some factors influencing their rarity and endangerment.Vernal pool plants-their habitat and biology, pp.89-107. Packet Page. 676 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 79 JULY 2025 Syphard AD, Radeloff VC, Keuler NS, Taylor RS, Hawbaker TJ, Stewart SI, Clayton MK (2008) Predicting spatial patterns of fire on a southern California landscape. International Journal of Wildland Fire 17, 602–613. doi:10.1071/WF07087 Syphard, Alexander D, Volker C Radeloff, Jon E. Keeley, Todd J. Hawbaker, Murray K. Clayton, Susan I. Stewart, Roger B. Hammer. 2007. Human Influence on California Fire Regimes. Ecological Applications. https://doi.org/10.1890/06-1128.1 Syphard AD, Bar Massada A, Butsic V, Keeley JE (2013) Land use planning and wildfire development policies influence future probability of housing loss. PLoS ONE 8(8), e71708. doi:10.1371/JOURNAL. PONE.0071708 Syphard, Alexandra D. and Jon E. Keeley. 2015. Location, timing, and extent of wildfire vary by cause of ignition. International Journal of Wildland Fire. 11 pp. Syphard, Alexandra & Brennan, Teresa & Keeley, Jon. (2014). The role of defensible space for residential structure protection during wildfires. International Journal of Wildland Fire. 23. 1165-1175. 10.1071/WF13158. Syphard, Alexandra & Keeley, Jon & Massada, Avi & Brennan, Teresa & Radeloff, Volker. (2012). Housing Arrangement and Location Determine the Likelihood of Housing Loss Due to Wildfire. PloS one. 7. e33954. 10.1371/journal.pone.0033954. Syphard, A.D. and Keeley, J.E., 2016. Historical reconstructions of California wildfires vary by data source.International Journal of Wildland Fire,25(12), pp.1221-1227. Wang, H.H., Finney, M.A., Song, Z.L., Wang, Z.S. and Li, X.C., 2021. Ecological techniques for wildfire mitigation: Two distinct fuel break approaches and their fusion.Forest Ecology and Management,495, p.119376. Warziniack, T., Champ, P., Meldrum, J., Brenkert-Smith, H., Barth, C.M. and Falk, L.C., 2019. Responding to risky neighbors: testing for spatial spillover effects for defensible space in a fire-prone WUI community.Environmental and Resource Economics,73, pp.1023-1047. Weather Spark. 2023. Climate and Average Weather Year-Round in San Bernardino, San Bernardino Climate, Weather By Month, Average Temperature (California, United States) - Weather Spark Weise, D.R. and J. Regelbrugge. 1997. Recent chaparral fuel modeling efforts. Prescribed Fire and Effects Research Unit, Riverside Fire Laboratory, Pacific Southwest Research Station. 5p. Zhou, A. 2013. Performance evaluation of ignition-resistant materials for structure fire protection in the WUI. Fire and Materials 2013 - 13th International Conference and Exhibition, Conference Proceedings, January 2013, 355–366. Packet Page. 677 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 80 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 678 Appendix A Representative Photo Log Packet Page. 679 Packet Page. 680 UNIVERSITY HILLS (2/24/2025) ATTACHMENT 1 PHOTO LOG Packet Page. 681 PHOTO LOCATION KEY 1: IMG 0476- 0483 2: IMG 0485- 0492 3: IMG 0494- 0501 4: IMG 0503- 0510 Packet Page. 682 Picture 1: IMG 0477 Taken at the southwest corner of the Project along Badger Canyon Road looking northeast over the Project area. Topography slopes upwards to north. Vegeta on is dense 4-5-foot-tall shrubs. Packet Page. 683 Picture 2: IMG 0481 Taken at the southwest corner of the Project along Badger Canyon Road looking southwest away from the Project area. Some shrub vegeta on is present on the other side of the wash visible in the picture. Packet Page. 684 Picture 3: IMG 0509 Taken at the eastern boundary of the Project area looking west over the Project area. Topography slopes upwards towards the north. Vegeta on on-site is 4-5-foot-tall dense shrubs. Packet Page. 685 Picture 4: IMG 0506 Taken at the eastern boundary of the project site looking east away from the project area. Topography slopes downwards towards the south and east. Vegeta on on and oﬀ-site is 4-5-foot-tall dense shrubs. Packet Page. 686 Appendix B Fire History Map Packet Page. 687 Packet Page. 688 3URMHFW6LWH3DUFHO 0LOH%XIIHU +LVWRULF)LUH3HULPHWHUV<HDU SOURCE: BASE MAP- ESRI MAPPING SERVICE; FIRE DATA-CALFIRE 2023 0 21 Miles Da t e : 6 / 1 0 / 2 0 2 5 - L a s t s a v e d b y : c g a r d n e r - P a t h : Z : \ P r o j e c t s \ j 1 4 4 2 8 0 0 \ M A P D O C \ U n i v e r s i t y H i l l s _ F i r e . a p r x APPENDIX B Fire History Map Fire Protection Plan - University Hills Project Packet Page. 689 Packet Page. 690 Appendix C BehavePlus Fire Behavior Modeling Summary Packet Page. 691 Packet Page. 692 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-1 JULY 2025 1 BehavePlus Fire Behavior Modeling History Fire behavior modeling has been used by researchers for approximately 50+ years to predict how a fire will move through a given landscape (Linn 2003). The models have had varied complexities and applications throughout the years. One model has become the most widely used as the industry standard for predicting fire behavior on a given landscape. That model, known as “BEHAVE,” was developed by the U. S. Government (USDA Forest Service, Rocky Mountain Research Station) and has been in use since 1984. Since that time, it has undergone continued research, improvements, and refinement. The current version, BehavePlus 6.0, includes the latest updates incorporating years of research and testing. Numerous studies have been completed evaluating the validity of the fire behavior models’ ability to predict fire behavior given site specific inputs. One of the most successful ways the model has been improved has been through post-wildfire modeling (Brown 1972, Lawson 1972, Sneeuwjagt and Frandsen 1977, Andrews 1980, Brown 1982, Rothermel and Rinehart 1983, Bushey 1985, McAlpine and Xanthopoulos 1989, Marsden-Smedley, and Catchpole 1995, Grabner et. al. 1997, Alexander 1998, Grabner et al. 2001, Arca et al. 2007). In this type of study, Behave is used to model fire behavior based on pre-fire conditions in an area that recently burned. Real-world fire behavior, documented during the wildfire, can then be compared to the predicted results of Behave and refinement to the fuel models incorporated, retested, and so on. Fire behavior modeling conducted on this site includes a relatively high-level of detail and analysis which results in reasonably accurate representations of how wildfire may move through available fuels on and adjacent to the property. Fire behavior calculations are based on site-specific fuel characteristics supported by fire science research that analyzes heat transfer related to specific fire behavior. To objectively predict flame lengths, spread rates, and fireline intensities, this analysis incorporated predominant fuel characteristics, slope percentages, and representative fuel models observed on site. The BehavePlus fire behavior modeling system was used to analyze anticipated fire behavior in key areas within and adjacent to the proposed Project site. Predicting wildland fire behavior is not an exact science. As such, the movement of a fire will likely never be fully predictable, especially considering the variations in weather and the limits of weather forecasting. Nevertheless, practiced, and experienced judgment, coupled with a validated fire behavior modeling system, results in useful and accurate fire prevention planning information. To be used effectively, the basic assumptions and limitations of BehavePlus must be understood. First, it must be realized that the fire model describes fire behavior only in the flaming front. The primary driving force in the predictive calculations is dead fuels less than one-quarter inch in diameter. These are fine fuels that carry fire. Fuels greater than one inch have an insignificant effect while fuels greater than three inches have no effect on fire behavior. Second, the model bases calculations and descriptions on a wildfire spreading through surface fuels that are within six feet of the ground and contiguous to the ground. Surface fuels are often classified as grass, brushes, litter, or slash. Third, the software assumes that weather and topography are uniform. However, because wildfire almost always burns under non-uniform conditions, the length of the projection period and choice of fuel model must be carefully considered to obtain useful predictions. Packet Page. 693 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-2 JULY 2025 Fourth, the BehavePlus fire behavior computer modeling system was not intended for determining sufficient fuel modification zone/defensible space widths. However, it does provide the average length of the flames, which is a key element for determining “defensible space” distances for minimizing structure ignition. Although BehavePlus has some limitations, it can still provide valuable fire behavior predictions which can be used as a tool in the decision-making process. In order to make reliable estimates of fire behavior, one must understand the relationship of fuels to the fire environment and be able to recognize the variations in these fuels. Natural fuels are made up of the various components of vegetation, both live and dead, that occur on a site. The type and quantity will depend upon the soil, climate, geographic features, and the fire or other disturbance history of the site. The major fuel groups of grass, shrub, trees, and slash are defined by their constituent types and quantities of litter and duff layers, dead woody material, grass and forbs, shrubs, regeneration, and trees. Fire behavior can be predicted largely by analyzing the characteristics of these fuels. Fire behavior is affected by seven principal fuel characteristics: fuel loading, size and shape, compactness, horizontal continuity, vertical arrangement, moisture content, and chemical properties. 2 Modeling Inputs Dudek utilized the BehavePlus software package to analyze fire behavior potential for the proposed development site in San Bernardino County, California. For this analysis, two pre- proposed Project scenarios were evaluated, including one average summer weather conditions northeast of the proposed Project site and southwest of the Project site. Additionally, two scenarios were run for post-project conditions (One average and one extreme weather condition respectively). The proposed Project site currently is undeveloped with largely unmaintained vegetation throughout the site. It is generally flat with minor change in elevation throughout the site and is covered with non- native grasses, sage scrub, and dispersed large shrubs. With that said, fuels and terrain adjacent to the development area could produce flying embers that may affect the proposed Project, but defenses will be built into the structures to prevent ember penetration and to extinguish fires that may result from ember penetration. It is the fuels directly adjacent to and within fuel modification zones that could have the potential to affect the proposed Project’s structures from a radiant and convective heat perspective as well as from direct flame impingement, however, the ignition resistant structures would be surrounded by irrigated landscape and hardscape areas. BehavePlus software requires site-specific variables for surface fire spread analysis, including fuel type, fuel moisture, wind speed, and slope data. The output variables used in this analysis include flame length (feet), rate of spread (feet/minute), fireline intensity (BTU/feet/second), and spotting distance (miles), crown fire flame length (feet), crown fire intensity (BTU/feet/second), crown fire spotting distance (miles). The following provides a description of the input variables used in processing the BehavePlus models for the proposed Project site. In addition, data sources are cited and any assumptions made during the modeling process are described. 2.1 Vegetation (Fuels) The seven fuel characteristics help define the 13 standard fire behavior fuel modelsand the five custom fuel models developed for Southern California (Anderson 1982; Weise & Regelbrugge 1997). According to the model classifications, fuel models used in BehavePlus have been classified into four groups, based upon fuel loading (tons/acre), fuel height, and surface to volume ratio. Observation of the fuels in the field (on site) determines which Packet Page. 694 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-3 JULY 2025 fuel models should be applied in BehavePlus. The following describes the distribution of fuel models among general vegetation types for the standard 13 fuel models and the custom Southern California fuel models: Grasses Fuel Models 1 through 3 Brush Fuel Models 4 through 7, SCAL 14 through 18 Timber Fuel Models 8 through 10 Logging Slash Fuel Models 11 through 13 In addition, the aforementioned fuel characteristics were utilized in the development of 40 more fire behavior fuel models developed for use in BehavePlus modeling efforts (Scott & Burgan 2005). These new models attempt to improve the accuracy of the standard 13 fuel models outside of severe fire season conditions, and to allow for the simulation of fuel treatment prescriptions. The following describes the distribution of fuel models among general vegetation types for the new 40 fuel models: Grass Models GR1 through GR9 Grass-shrub Models GS1 through GS4 Shrub Models SH1 through SH9 Timber-understory Models TU1 through TU5 Timber litter Models TL1 through TL9 Slash blowdown Models SB1 through SB4 To support the fire behavior modeling efforts conducted for the proposed, a Dudek Fire Protection Planner analyzed the different vegetation types observed on and adjacent to the site and they were subsequently classified into the aforementioned numeric fuel models. As is customary for this type of analysis, the terrain, and fuels directly adjacent to the site and proposed fuel modification zones (FMZ) are used for determining flame lengths and fire spread. Table 1. Existing Fuel Model Characteristics : 1 Listed fuel bed depths are a reflection of the fuel models that best depict the vegetation in and around the Proposed Project site and not an exact measure of local vegetation (Anderson 1982; Scott & Burgan 2005). Packet Page. 695 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-4 JULY 2025 Table 2. Post-development Fuel Model Characteristics FF u e ll M o d e ll AAs s i g n m e n t VV e ge t a t i o n DD e s cr i p t i o n LL o c a tio n FF u e ll B e dd D e p t hh ((F e e t )1 landscaping/compact perimeter of the Project site : 1 Listed fuel bed depths are a reflection of the fuel models that best depict the vegetation in and around the Proposed Project site and not an exact measure of local vegetation (Anderson 1982; Scott & Burgan 2005). 2.2 Topography Topography influences fire risk by affecting fire spread rates. Typically, steep terrain results in faster fire spread up- slope and slower fire spread down-slope in the absence of wind. Flat terrain tends to have insignificant effect on fire spread, resulting in fires that are driven by wind. The proposed Project site is relatively flat and gently slopes from approximately 1,613 feet above mean sea level (AMSL) in the southeastern corner to approximately 1,865 feet AMSL in the northwest corner. The open space surrounding the Project maintains the same relatively flat slope. 2.3 Weather Analysis Historical weather data for the San Bernardino County region was utilized in determining appropriate fire behavior modeling inputs for the proposed Project area. Average, on-shore (50th weather percentile and extreme off-shore (97th percentile) weather conditions were derived from Remote Automated Weather Stations (RAWS) and utilized in the fire behavior modeling efforts conducted in support of this report. The Devore RAWS Station (RAWS ID 045113) was utilized to find average and extreme weather values for the proposed Project area. The station was closest as it is the closest at approximately 3 miles northeast of the proposed Project site and would adequately approximate proposed Project site weather conditions. Data from fire seasons dating back to 2017 and up through 2025 were included in the analysis. RAWS fuel moisture and wind speed data were processed utilizing the Fire Family Plus software package to determine atypical (97th percentile) and typical (50th percentile) weather conditions. Data from the RAWS was evaluated from August 1 through December 31 for each year between 2017 and 2025 for 97th percentile weather conditions and from May 1 through September 30 for each year between 2017 and 2025 for 50th percentile weather conditions. Following analysis in Fire Family Plus, fuel moisture information was incorporated into the Initial Fuel Moisture file used as an input in BehavePlus. Wind speed data resulting from the Fire Family Plus analysis was also determined. Initial wind direction and wind speed values for the five BehavePlus runs were manually entered during the data input phase. The input wind speed and direction are an average surface wind at 20 feet above the vegetation over the analysis area. Table 3 summarizes the wind and weather input variables used in the Fire BehavePlus modeling efforts. Packet Page. 696 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-5 JULY 2025 Table 3. Wind and Weather Input Variables MMo d e ll V a r i a b l e SS u m m e rr W e a t h e rr (5 0 tt h P e r c e n t i l e ) O nn a n dd OO f f s h o r ee W i n d PP e a kk W ea th e rr (9 7 t 3 Fire Behavior Modeling Efforts As mentioned, the BehavePlus fire behavior modeling software package was utilized in evaluating anticipated fire behavior adjacent to the proposed Project site. Two focused scenarios were completed for pre-Project existing fuels conditions, and two were completed for the post proposed Project conditions. The results of the modeling effort included anticipated values for surface fires flame length (feet), rate of spread (mph), fireline intensity (Btu/ft/s), and spotting distance (miles). The aforementioned fire behavior variables are a vital component in understanding fire risk and fire agency response capabilities. Flame length, the length of the flame of a spreading surface fire within the flaming front, is measured from midway in the active flaming combustion zone to the average tip of the flames (Andrews, Bevins, and Seli 2008). Fireline intensity is a measure of heat output from the flaming front and also affects the potential for a surface fire to transition to a crown fire. Fire spread rate represents the speed at which the fire progresses through surface fuels and is another important variable in initial attack and fire suppression efforts (Rothermel and Rinehart 1983). Spotting distance is the distance a firebrand or ember can travel down wind and ignite receptive fuel beds. Two pre-Project and two post-Project fire modeling scenario locations were selected to better understand the different fire behavior that may be experienced on or adjacent to the site based on slope and fuel conditions; these fire scenarios are explained in more detail below: e o s d : Scenario Fire flaming front approaching from the northeast towards the northern side of Parcel 1 Project boundary with 40 mph north/northeast winds; 18% downhill slope within 100 to 300 feet of edge of grading. -Existing undeveloped land off-site (to be preserved as open space) and on site with native vegetation (chaparral, sage scrub). -Post-development include the same off-site conditions with irrigated manufactured slopes, fuel modification zones, and paved roadways on site. Scenario Fire flaming front approaching from the southwest towards the western boundary of the Parcel 1 western boundary with 20 mph west/southwest winds; 6% uphill slope within 400 feet of edge of grading. -Existing : undeveloped land off-site and on-site with native vegetation (sage scrub, forbs). Packet Page. 697 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-6 JULY 2025 -P t : include the same off-site conditions with irrigated manufactured slopes, fuel modification zones, and paved roadways on site. 4 Fire Behavior Modeling Results The results presented in Tables 4 and 5 depict values based on inputs to the BehavePlus software and are not intended to capture changing fire behavior as it moves across a landscape. Changes in slope, weather, or pockets of different fuel types are not accounted for in this analysis. For planning purposes, the averaged worst-case fire behavior is the most useful information for conservative fuel modification design. Model results should be used as a basis for planning only, as actual fire behavior for a given location will be affected by many factors, including unique weather patterns, small-scale topographic variations, or changing vegetation patterns. The proposed Project site maintains similar slope and vegetation types on and offsite. The fire behavior models have been run considering pre-Project and post-Project conditions. Under the summer weather conditions modeled in Scenario 1, a fire burning in the off-site chaparral, modeled as SH5, would exhibit the most intense fire behavior with the sage/buckwheat vegetation, modeled as SCAL18 exhibiting similar fire behavior (refer to Table 3, Fire Behavior Results for Existing Conditions). A worst-case fire under gusty Santa Ana winds and low fuel moistures is expected to be moving up to 4.7 mph. Flame length values were modeled at 35.5 to 36.3 feet. Spotting is projected to occur up to 1.8 miles from the flaming front. The results of fire behavior modeling analysis for pre- and post-Project conditions are presented in Tables 4 and 5, respectively. Identification of modeling run (fire scenarios) locations is presented graphically in Figure 4, BehavePlus Analysis Map. Table 4. Modeling Results for Existing Conditions F i r ee S c e n a r io s F l a m ee L e n g th 1 (f e e t ) F i r e l i n ee I n t e n s it y 1 (B T U /fe e t / s e c o n d) S p r e a dd Ra te 1 (m p h ) S p o t t i n gg D i s t a n c e 11 (m i l e s ) Sc e n a r i oo 11 (PP re -PP ro je c t ):: 1 8 %% d o w n h i l ll ss l o p e ,, 44 00 m p hh w i n dd f r o mm N EE Fuel Model SH5 – Chaparral 36.3 13,958 4.7 1.8 Fuel Model SCAL18 – Sage, buckwheat 35.5 13,342 2.1 1.8 Fuel Model SH2 – Sage, forbs 13.1 1,515 0.7 0.9 Sc e n a r i oo 22 (P re --P ro je c t ):: 66 %% u p h i l ll s l o p e ,, 2 00 m p hh w i n dd f r o mm W /SWW Model SH2 – Sage, forbs 8.6 603 0.3 0.4 Note: 1 Wind-driven surface fire. Packet Page. 698 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-7 JULY 2025 Table 5. Modeling Results for Post-Project Conditions FF i r ee S c e n a r io s F l a m ee L e n g th 1 (f e e t ) F i r e l in ee I n t e n s i ty 1 (B T U /f e e t / s e c o n d ) S p r e a dd R a t e 1 (m p h ) S p o t t i n gg D i s t a n c e 11 (m i l e s ) Sc e n a r i oo 11 (PP o s t --P r o j e c t o n s i t e )):: 2 5 %% d o w n h i l ll s l o pe ,, 4 00 m p hh w i n dd fr o mm N E Fuel Model GS1 – maintained shrubs for fuel modification 11.1 1,067 2.0 0.8 Fuel Model 8 – Irrigated landscaping/FMZ 2.6 46 0.1 0.3 Fuel Model NB1 – paved roadway N/A N/A N/A N/A Sc e n a r i oo 22 (PP o s t -PP r o j e c tt o n s i t e )):: 2 0 %% u p h i l ll s l o p e ,, 2 00 m p hh w in dd f r o mm S W Fuel Model GS1 – maintained shrubs for fuel modification 7.2 411 0.8 0.4 Non-burnable N/A N/A N/A N/A Note: 1 Wind-driven surface fire. The following describes the fire behavior variables (Heisch and Andrews 2010) as presented in Tables 4 and 5: e : Flame h :The flame length of a spreading surface fire within the flaming front is measured from midway in the active flaming combustion zone to the average tip of the flames. Fireline y Fireline intensity is the heat energy release per unit time from a one-foot wide section of the fuel bed extending from the front to the rear of the flaming zone. Fireline intensity is a function of rate of spread and heat per unit area and is related to flame length. Fireline intensity and the flame length are related to the heat felt by a person standing next to the flames. Surfacee Ratee off Spreadd (mph):Surface rate of spread is the "speed" the fire travels through the surface fuels. Surface fuels include litter, grass, brush, and other dead and live vegetation within about 6 feet of the ground. The information in Table 6 presents an interpretation of the outputs for five fire behavior variables as related to fire suppression efforts. The results of fire behavior modeling efforts are presented in Tables 4 and 5. Identification of modeling run locations is presented graphically in Figure 4 of the FPP. Table 6. Fire Suppression Interpretation Equipment such as dozers, pumpers, and retardant aircraft Packet Page. 699 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-8 JULY 2025 Table 6. Fire Suppression Interpretation FF la m ee L e n g t hh ((f t ) FF i r e l i n ee I n t e n s i t yy ((B t u /f t /s ) II n t e r p r e t a t i o n s 8 to 11 feet 500-1000 BTU/ft/s Fires may present serious control problems -- torching out, crowning, and spotting. Control efforts at the fire head will Packet Page. 700 Appendix D Ignition-Resistant Construction Requirements Packet Page. 701 Packet Page. 702 APPENDIX D / IGNITION-RESISTANT CONSTRUCTION REQUIREMENTS 14428 JULY 2025 D-1 As of the date of this fire protection plan, the following are the requirements for ignition resistant construction for The Proposed Project, including requirements under Chapter 7A of the California Building Code (CBC). In addition, exterior building construction including roofs, eaves, exterior walls, doors, windows, decks, and other attachments must meet the most current CBC Chapter 7A ignition resistance requirements at the time of building permit application. 1. All structures will be built with a Class A roof assembly, including a Class A roof covering. Roofs shall have a roofing assembly installed in accordance with its listing and the manufacturer’s installation instructions. 2. Where the roof profile allows a space between the roof covering and roof decking, the spaces shall be constructed to prevent the intrusion of flames and embers, be fire stopped with approved materials or have one layer of minimum 72-pound mineral-surfaced non-perforated cap sheet complying with ASTM D 3909 installed over the combustible decking. However, openings on barrel tiles or similar roof coverings, must be fire stopped (bird stopped) with approved materials to prevent the accumulation of debris, bird nests, etc. between the tiles and decking material. 3. When provided, exposed valley flashings shall be not less than 0.019-inch (No. 26 galvanized sheet gage) corrosion-resistant metal installed over a minimum 36-inch-wide underlayment consisting of one layer of minimum 72-pound mineral-surfaced non-perforated cap sheet complying with ASTM D 3909 running the full length of the valley. 4. All rain gutters, down spouts and gutter hardware shall be constructed from metal or other non-combustible material to prevent wildfire ignition along eave assemblies. 5. All chimney, flue or stovepipe openings attached to a fireplace, stove, or other solid or liquid fuel burning equipment or device shall be equipped with an approved spark arrester. An approved spark arrester is defined as a device intended to prevent sparks from escaping into the atmosphere and constructed of nonflammable materials, having a 12-gauge minimum thicknesses with openings no greater than ½ inch, or other alternative material the SBCFPD determines to provide equal or better protection. It shall be installed to be visible for the purposes of inspection and maintenance. 6. The exterior surface materials shall be non-combustible, including hard or ignition resistant, such as stucco. In all construction, exterior walls shall extend from the top of the foundation to the roof and terminate at 2- inch nominal solid blocking between rafters at all roof overhangs, or in the case of enclosed eaves, terminate at the enclosure. 7. All eaves, fascias, and soffits will be enclosed (boxed) with non-combustible materials. This shall apply to the entire perimeter of each structure. Eaves of heavy timber construction are not required to be enclosed as long as attic venting is not installed in the eaves. For the purposes of this section, heavy timber construction shall consist of a minimum of 4”x 6” rafter tails. 8. Paper-faced insulation shall be prohibited in attics or ventilated spaces. 9. Automatic interior fire sprinklers for residential buildings shall be installed according to the National Fire Protection Association (NFPA) 13D requirements. 10. Roof vents, dormer vents, gable vents, foundation ventilation openings, ventilation openings in vertical walls, or other similar ventilation openings shall be louvered and covered with 1/16-inch, noncombustible, corrosion-resistant metal mesh or other approved material that offers equivalent protection. 11. Attic or foundation ventilation louvers or ventilation openings in vertical walls shall not exceed 144 square inches per opening and shall be covered with 1/16” inch mesh corrosion-resistant metal screen or other approved material that offers equivalent protection. Ventilation louvers and openings may be incorporated as part of access assemblies. Packet Page. 703 APPENDIX D / IGNITION-RESISTANT CONSTRUCTION REQUIREMENTS 14428 JULY 2025 D-2 12. No attic ventilation openings or ventilation louvers shall be permitted in soffits, in eave overhangs, between rafters at eaves, or in other overhanging areas. 13. All fences and gate assemblies (fences, gates, and fence posts) attached or within five feet of a structure shall be of non-combustible material or pressure-treated exterior fire-retardant wood. 14. All projections (exterior balconies, decks, patio covers, unenclosed roofs and floors, and similar architectural appendages and projections) or structures less than five feet from a building shall be of non- combustible material, one-hour fire resistive construction on the underside, heavy timber construction, pressure-treated exterior fire- retardant wood or ignition resistant construction. When such appendages and projections are attached to exterior fire- resistive walls, they shall be constructed to maintain same fire-resistant standards as the exterior walls of the structure. 15. Accessory structures attached to buildings with habitable spaces and projections shall be in accordance with Chapter 7A of the CBC. 16. Detached accessory structures located less than 50 feet from a building containing habitable space shall be constructed in accordance with Chapter 7A of the CBC. a. Exception: Accessory structures less than 120 square feet in floor area located at least 30 feet from a building containing a habitable space. 17. Exterior doors shall be approved non-combustible construction, solid core wood and shall conform to the performance requirements of standard SFM 12-7A-1 or shall be of approved noncombustible construction, or solid core wood having stiles and rails not less than 1⅜ inches thick with interior field panel thickness no less than 1¼ inches thick, or shall have a fire-resistance rating of not less than 20 minutes when tested according to National Fire Protection Association (NFPA) 252. 18. All glass or other transparent, translucent or opaque glazing materials, that is used in exterior windows, including skylights, or exterior glazed door assemblies shall be constructed of multipane glazing with one tempered pane meeting the requirements of Section 2406 (2016 CBC) Safety Glazing. 19. Vinyl window assemblies are deemed acceptable if the windows have the following characteristics: a. Frame and sash are comprised of vinyl material with welded corners. b. Metal reinforcements in the interlock area. c. Glazed with insulating glass, annealed or tempered (one layer of which must be tempered glass). d. Frame and sash profiles are certified in AAMA Lineal Certification Program. e.Certified and labeled to ANSI/AAMA/NWWDA 101/LS2-97 for Structural Requirements. Packet Page. 704 Appendix E Prohibited Plant List Packet Page. 705 Packet Page. 706 APPENDIX E FUEL MODIFICATION ZONE PROHIBITED PLANTS LIST 14428 July 2025 TTrees Abies species Agonis juniperina Casuarina cunninghamiana Chamaecyparis species (numerous) Cryptomeria japonica Cupressocyparis leylandii Cupressus species (C. fobesii, C. glabra, C. sempervirens,) Eucalyptus species (numerous) Juniperus species (numerous) Lithocarpus densiflorus Melaleuca species (M. linariifolia, M. nesophila, M. quinquenervia) Picea (numerous) Palm species (numerous) Pinus species (P. brutia, P. canariensis, P. b. eldarica, P. halepensis, P. pinea, P. radiata, numerous others) Platycladus orientalis Pseudotsuga menziesii Tamarix species (T. africana, T. aphylla, T. chinensis, T. parviflora) Taxodium species (T. ascendens, T. distichum, T. mucronatum) Taxus species (T. baccata, T. brevifolia, T. cuspidata) Thuja species (T. occidentalis, T. plicata) GGroundcovers, SShrubs && VVines Acacia species Adenostoma fasciculatum Adenostoma sparsifolium Agropyron repens Anthemis cotula Arctostaphylos species Arundo donax Artemisia species (A. abrotanium, A. absinthium, A. californica, A. caucasica, A. dracunculus, A. Sagebrush (Southernwood, Wormwood, California, Silver, True tarragon, Big, Sandhill) Atriplex species (numerous) Avena fatua Baccharis pilularis Bambusa species Bougainvillea species Brassica species (B. campestris, B. nigra, B. rapa) Packet Page. 707 APPENDIX E FUEL MODIFICATION ZONE PROHIBITED PLANTS LIST 14428 July 2025 Bromus rubens Castanopsis chrysophylla Cardaria draba Cirsium vulgare Conyza bonariensis Coprosma pumila Cortaderia selloana Cytisus scoparius Eriogonum species (E. fasciculatum) Fremontodendron species Heterotheca grandiflora Hordeum leporinum Juniperus species Lactuca serriola Larrea tridentata Lolium multiflorum Lonicera japonica Mimulus aurantiacus Miscanthus species Muhlenbergia species Nicotiana species (N. bigelovii, N. glauca) Pennisetum setaceum Perovskia atroplicifolia Phoradendron species Pickeringia montana Rhus (R. diversiloba, R. laurina, R. lentii) Ricinus communis Rhus Lentii Salvia species (numerous) Salsola australis Solanum Xantii Silybum marianum Thuja species Urtica urens *F = flammable, I = Invasive N : 1. Plants on this list that are considered invasive are a partial list of commonly found plants. There are many other plants considered invasive that should not be planted in a fuel modification zone and they can be found on The California Invasive Plant Council’s Website www.cal-ipc.org/ip/inventory/index.php. Other plants not considered invasive at this time may be determined to be invasive after further study. 2. For the purpose of using this list as a guide in selecting plant material, it is stipulated that all plant material will burn under various conditions. 3. The absence of a particular plant, shrub, groundcover, or tree, from this list does not necessarily mean it is fire resistive. 4. Allvegetation used in Fuel Modification Zones and elsewhere in this development shall be subject to approvalof the Fire Code Official. 5. Landscape architects may submit proposals for use of certain vegetation on a project specific basis. They shall also submit justifications as to the fire resistivity of the proposed vegetation. Packet Page. 708 ATTACHMENT J University Hills-Power Point Packet Page. 709 PL A N N I N G C O M M I S S I O N Ja n u a r y 1 3 , 2 0 2 6 It e m 2 S p e c i f i c P l a n A m e n d m e n t 2 3 - 0 1 an d S u b d i v i s i o n 2 3 - 0 5 Co m m u n i t y D e v e l o p m e n t & H o u s i n g D e p a r t m e n t Packet Page. 710 Ad o p t i o n o f t h e A d d e n d u m t o t h e F i n a l E n v i r o n m e n t a l I m p a c t R e p o r t a n d M i t i g a t i o n Mo n i t o r i n g a n d R e p o r t i n g P r o g r a m ( S C H # 2 0 0 7 0 7 1 1 5 5 ) i n c o m p l i a n c e w i t h t h e Ca l i f o r n i a E n v i r o n m e n t a l Q u a l i t y A c t . Ap p r o v a l o f S p e c i f i c P l a n A m e n d m e n t N o . 2 3 - 0 1 Ap p r o v a l o f S u b d i v i s i o n 2 3 - 0 5 Di s s o l v e D e v e l o p m e n t A g r e e m e n t N o . 0 8 - 0 2 40 4 . 3 - a c r e AP N s : 0 2 6 5 - 0 4 1 - 1 2 , 0 2 6 5 - 0 5 1 - 1 2 a n d - 1 3 ; 0 2 6 5 - 0 6 1 - 1 6 ; 0 2 6 5 - 0 1 1 - 0 6 , - 0 7 , a n d - 0 8 ; 02 6 5 - 0 5 1 - 0 9 ; a n d 0 2 6 5 - 0 2 1 - 1 3 Un i v e r s i t y H i l l s S p e c i f i c P l a n ( S P - U H ) Co m m u n i t y D e v e l o p m e n t & Ho u s i n g D e p a r t m e n t Pr o p o s e d P r o j e c t Packet Page. 711 LO C A T I O N / Z O N I N G M A P : Packet Page. 712 AE R I A L M A P : Packet Page. 713 PL A N N I N G A R E A S : R E F E R E N C E Packet Page. 714 AN A L Y S I S : Pr o j e c t Ba c k g r o u n d Am e n d m e n t Su b d i v i s i o n Pe d e s t r i a n a n d B i c y c l e C o n n e c t i v i t y Ro a d w a y s , T r a f f i c , a n d C i r c u l a t i o n Ut i l i t i e s a n d I n f r a s t r u c t u r e Co m m u n i t y D e v e l o p m e n t & H o u s i n g D e p a r t m e n t Packet Page. 715 AN A L Y S I S : La n d s c a p i n g Re c r e a t i o n A r e a s Li g h t i n g Of f - S i t e I m p r o v e m e n t s Co n s t r u c t i o n S c h e d u l e Di s s o l u t i o n o f D e v e l o p m e n t A g r e e m e n t 0 8 - 0 2 Ge n e r a l P l a n C o m p a t i b i l i t y Co m m u n i t y D e v e l o p m e n t & H o u s i n g D e p a r t m e n t Packet Page. 716 AC C E S S T O P R O P O S E D D E V E L O P M E N T Pr o j e c t S i t e Packet Page. 717 AC C E S S 1 : C O N N E C T I O N F R O M C A M P U S C I R C L E T O B A D G E R C A N Y O N RD Pr o j e c t S i t e Packet Page. 718 EX I S T I N G S I T E : C A M P U S C I R C L E A N D B A D G E R C A N Y O N AC C E S S 1 Packet Page. 719 EX I S T I N G S I T E : S O U T H T O C S U S B F R O M A C C E S S 1 Packet Page. 720 AC C E S S 2 : C O N N E C T I O N F R O M W D E V I L S C A N Y O N T O B A D G E R CA N Y O N R D Pr o j e c t S i t e Packet Page. 721 EX I S T I N G S I T E : D E V I L S C A N Y O N A N D B A D G E R C A N Y O N A C C E S S 2 Packet Page. 722 TE N T A T I V E P A R C E L M A P 2 0 5 9 5 : Packet Page. 723 TE N T A T I V E P A R C E L M A P 2 0 5 9 5 : Packet Page. 724 TE N T A T I V E P A R C E L M A P 2 0 5 9 5 : Packet Page. 725 SI T E P L A N : Packet Page. 726 FI R E D E P A R T M E N T F U E L M O D I F I C A T I O N P L A N L A Y O U T : Packet Page. 727 RE C O M M E N D A T I O N : Th e P l a n n i n g C o m m i s s i o n a d o p t R e s o l u t i o n N o . 2 0 2 6 - 0 X X f o r w a r d i n g a Re c o m m e n d a t i o n t h a t t h e M a y o r a n d C i t y C o u n c i l : 1. CO N S I D E R th e A d d e n d u m t o t h e c e r t i f i e d S u b s e q u e n t F i n a l En v i r o n m e n t a l I m p a c t R e p o r t ( S C H # 2 0 0 7 0 7 1 1 5 5 ) f o r S p e c i f i c P l a n Am e n d m e n t 2 3 - 0 1 a n d S u b d i v i s i o n 2 3 - 0 5 , i n a c c o r d a n c e w i t h S e c t i o n 15 1 6 4 ( a ) o f t h e P u b l i c R e s o u r c e s C o d e , a n d d i r e c t t h e P l a n n i n g Co m m i s s i o n S e c r e t a r y t o p r e p a r e a n d f i l e w i t h t h e C l e r k o f t h e C o u n t y o f Sa n B e r n a r d i n o a N o t i c e o f D e t e r m i n a t i o n a s p r o v i d e d u n d e r P u b l i c Re s o u r c e s C o d e , S e c t i o n 2 1 1 5 2 ( c ) a n d C a l i f o r n i a C o d e o f R e g u l a t i o n s , T i t l e 14 , S e c t i o n 1 5 0 9 4 ; a n d 2. AP P R O V E Sp e c i f i c P l a n A m e n d m e n t 2 3 - 0 1 a n d S u b d i v i s i o n 2 3 - 0 5 ba s e d o n t h e F i n d i n g s o f F a c t a n d s u b j e c t t o t h e r e c o m m e n d e d Co n d i t i o n s o f A p p r o v a l . Packet Page. 728 Packet Page. 729 Packet Page. 730 Packet Page. 731 Packet Page. 732 Packet Page. 733 Packet Page. 734 Packet Page. 735 Packet Page. 736 Packet Page. 737 Packet Page. 738 Packet Page. 739 Packet Page. 740 Packet Page. 741 Packet Page. 742 Packet Page. 743 Packet Page. 744 Packet Page. 745 Packet Page. 746 Packet Page. 747 Packet Page. 748 Packet Page. 749 Packet Page. 750 Packet Page. 751 Packet Page. 752 Packet Page. 753 Packet Page. 754 Packet Page. 755 Packet Page. 756 Packet Page. 757 Packet Page. 758 Packet Page. 759 Packet Page. 760 Packet Page. 761 Packet Page. 762 Packet Page. 763 Packet Page. 764 Packet Page. 765 Packet Page. 766 Packet Page. 767 Packet Page. 768 Packet Page. 769 Packet Page. 770 Packet Page. 771 Packet Page. 772 Packet Page. 773 Packet Page. 774 Packet Page. 775 Packet Page. 776 Packet Page. 777 Packet Page. 778 Packet Page. 779 Packet Page. 780 Packet Page. 781 Packet Page. 782 Packet Page. 783 Packet Page. 784 Packet Page. 785 Packet Page. 786 Packet Page. 787 Packet Page. 788 Packet Page. 789 Packet Page. 790 Packet Page. 791 Packet Page. 792 Packet Page. 793 Packet Page. 794 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, 4 CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT 5 REPORT, ADOPTING THE MITIGATION MONITORING AND REPORTING PLAN, AMENDING THE GENERAL PLAN AND THE UNIVERSITY DISTRICT 6 SPECIFIC PLAN, ADOPTING THE UNIVERSITY HILLS SPECIFIC PLAN 7 AND APPROVING TENTATIVE PARCEL MAP NO. 18969, TENTATIVE TRACT MAP NO. 186% AND TENTATIVE TRACT MAP NO. 18140. 8 9 10 11 12 13 RESOLUTION NO. 2008-422 SECTION I. RECITALS a)WHEREAS, the Mayor and Common Council of the City of San Bernardino ("City") adopted the General Plan for the City, and the University District Specific Plan, by Resolution No. 2005-362 on November 1, 2005; and b)WHEREAS, Inland Communities Corp. made application for the 14 University Hills Specific Plan and associated Tentative Parcel Map No, 18969, Tentative 15 16 17 Tract Map No. 18696 and Tentative Tract Map No. 18140; and c)WHEREAS, a Subsequent Environmental Impact Report was completed 18 for the project by Michael Brandman Associates; and 19 20 21 d)WHEREAS, the University District Specific Plan includes the area proposed for development under the University Hills Specific Plan; and e)WHEREAS, on Apri117, 2008, the Environmental Review 22 Committee determined that the University Hills Specific Plan could have significant 23 24 25 26 27 28 effects on the environment, and thus warranted preparation of a Subsequent Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA); and f)WHEREAS, the Notice of Preparation, indicating the intent of the City to prepare a Draft Subsequent Environmental Impact Report was made known to the 1 Packet Page. 795 2008-422 comments from April 24, 2008 to May 23, 2008; and g) WHEREAS, on May 7, 2008, the City held a public scoping meeting to solicit public comments on the preparation of the Draft Subsequent EIR; and h) WHEREAS, the City considered the concerns and comments received during the Notice of Preparation comment period in the preparation of the Draft Subsequent ErR, pursuant to CEQA; and i) WHEREAS, a Draft Subsequent EIR was distributed for a 45-day public review period from August 1,2008 to September 15, 2008; and 2 Packet Page. 796 2008-422 3 Packet Page. 797 2008-422 Division staff report, and the recommendation of the Planning Commission; and r) WHEREAS, the Mayor and Common Council made no substantial modifications to the University Hills Specific Plan, Tentative Parcel Map No. 18969, Tentative Tract Map No. 18696, and Tentative Tract Map No, 18140 which were not considered by the Planning Commission during its public hearing; NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL HEREBY 4 Packet Page. 798 2008-422 1. 2. 3. 4. 5. 6. Initial Study; Notice of Preparation; Responses to the Notice of Preparation; Draft Subsequent EIR; 7. Notice of Completion; List of persons, organizations and public agencies commenting on the Draft Subsequent EIR; Comments received on the Draft Subsequent EIR during and after the public review period; Responses to comments on the Draft Subsequent EIR. 5 Packet Page. 799 2008-422 E. Although the Final SEIR identifies certain significant adverse environmental effects that would result if the University Hills Specific Plan, Tentative Parcel Map No. 18969, Tentative Tract Map No. 18696 and Tentative Tract Map No. 18140 are adopted and approved, all significant adverse environmental effects that can feasibly be avoided or mitigated will be avoided or mitigated by the implementation of the mitigation measures as set forth in the Mitigation Monitoring and Reporting Plan for the Final SEIR, The Mitigation Monitoring and Reporting Plan is attached to this Resolution as Exhibit C and incorporated herein by reference, F, The Final SEIR has described the alternatives to the University Hills Specific Plan, even though these alternatives may impede the attainment of the objectives 6 If Packet Page. 800 2008-422 1 Specific Plan, set forth ill the Facts, Findings and Statement of Overriding 2 Considerations. 3 I. The Final Subsequent Environmental Impact Report, the Mitigation 4 5 Monitoring and Reporting Plan, and the Facts, Findings and Statement of Overriding 6 Considerations reflect the independent review, analysis and judgment of the Mayor and 7 Common Council of the City of San Bernardino. 8 SECTION III. GENERAL PLAN AMENDMENT FINDINGS 9 10 11 12 A. The proposed General Plan Amendment No. 08-03 is consistent with the 13 following General Plan goals and policies: 14 2.2 Promote development that integrates with and minimizes impacts on 15 surrounding land uses. 16 2.2.2 Require new uses to provide mitigation or buffers between existing uses 17 where potential adverse impacts could occur, including, as appropriate, 18 decorative walls, landscape setbacks, restricted vehicular access, 19 enclosure of parking structures to prevent sound transmission, and control 20 of lighting and ambient illumination. 21 2,2.4 Hillside development and development adjacent to natural areas shall be 22 designed and landscaped to reserve natural features and habitat and 23 protect structures from the threats from natural disasters, such as wildfires 24 and floods. 25 The proposed project will cluster residential development, provide more open space than 26 the currently approved Specific Plan, and has integrated a comprehensive fire protection 27 buffer into the document to assure protection of the residents in the future. The plan also 28 Based upon substantial evidence in the record, the Mayor and Common Council hereby find: 7 Packet Page. 801 2008-422 1 2 3 4 5 6 7 8 9 10 11 the open space area will not be impacted by development, and can also be studied 12 further. 13 B. The proposed amendments will not be detrimental to the public interest, 14 health, safety, convenience, or welfare of the City. The proposed General Plan 15 Amendment is consistent with General Plan policies, and the projects associated with the 16 Specific Plan will be required to comply with all City requirements for infrastructure 17 development, including sanitary sewer and domestic water. Further, the Specific Plan 18 has been designed to protect the future residents from fire through integration of a fire 19 protection plan; and from geotechnical hazards through restrictions on development in 20 and near earthquake fault zones. 21 C. The proposed amendments will maintain the appropriate balance of land 22 uses within the City. The proposed Amendment is located in an area where open space 23 and residential land uses are proposed in the General Plan and University District 24 Specific Plan currently. General Plan Amendment No. 08-03 proposes an increase in the 25 amount of open space land, and proposes residential densities greater than those 26 currently planned in the Paradise Hills Specific Plan, in order to allow a clustered 27 development plan. The proposed Specific Plan will impact less land and cluster the 28 residential land uses, rather than impacting natural resources in Badger Canyon. Land uses open space to minimize the hazards associated with flooding and earthquake faulting on the site, 2.6 Control development and the use of land to minimi7.e adverse impacts on significant natural, historic, cultural, habitat and hillside resources. 2.6.1 Hillside development and development adjacent to natural areas shall be designed and sited to maintain the character of the City's significant open spaces and historic and cultural landmarks. The proposed Amendment will allow for the preservation of Badger Canyon for biological and geologic study. In addition, historic resources identified as occurring in 8 Packet Page. 802 2008-422 1 use and circulation element amendments proposed by General Plan Amendment No. 08- 2 3 03 apply equally to corresponding elements of the University District Specific Plan, which was adopted concurrently with the General Plan by Resolution No. 2005-362, D. Being a case of an amendment to the General Plan Land Use Map, the subject parcels are physically suitable (including but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development. The proposed project has integrated designs which will minimize slope impacts, provide a backbone circulation and utility system, and be visually buffered from the surrounding 4 5 6 7 8 9 10 11 areas. 12 SECTION IV, UNIVERSITY HILLS SPECIFIC PLAN FINDINGS 13 14 15 hereby find: 16 A, The proposed plan is consistent with the General Plan and the University 17 District Specific Plan. The University Hills Specific Plan is located within the University 18 District Specific Plan area, and is consistent with that Plan's Vision, in that it will 19 provide physical connectivity between the Specific Plan area and the University; be a 20 part of the University Town concept by providing an area where faculty housing will be 21 provided within the Plan; participate in transit efforts to connect the Plan area to the 22 University and other parts of the City; and enhance the regional recreational link in the 23 area by extending planned regional trails through the University Hills Specific Plan area. 24 B. The proposed plan will not be detrimental to the public interest, health, 25 safety, convenience or welfare of the City. The Specific Plan includes standards which 26 will protect residents from the San Andreas Fault, and the potential for ground rupture 27 associated with the Fault, through prohibitions on development in those areas. The Plan 28 also incorporates bio-swales into open space and slopes to allow for the filtration of 9 Based upon substantial evidence in the record, the Mayor and Common Council Packet Page. 803 2008-422 1 2 3 4 5 6 7 8 9 10 11 are shallow enough to build upon. The site will be terraced to allow for flatter 12 development areas. The intensity of development proposed allows for 234,8 acres to be 13 preserved as permanent open space, which will provide a valuable resource for the 14 project's residents, the University, and the City as a whole, 15 D. The proposed plan will ensure the development of a desirable character 16 which will be compatible with existing and proposed development in the surrounding 17 neighborhood. The site is visually isolated from surrounding neighborhoods, and 18 development of the project will have only minimal impacts on surrounding views, as 19 demonstrated in the Specific Plan and SEIR. The character of the development, although 20 more intense than lands to the south and west, is consistent with the University District 21 Specific Plan concepts of an urban village in association with the University, which is 22 adjacent to the property, 23 E. The proposed plan will contribute to a balance of land uses so that local 24 residents may work and shop in the community in which they live. The Specific Plan 25 will include connections to local transit, and will be within walking distance of the 26 California State University, San Bernardino (CSUSB) campus. The Plan also includes a 27 planning area reserved for University faculty housing, which could generate up to 60 28 units within close proximity to CSUSB. In addition, the project is convenient to local surface water, which will prevent pollution. The Specific Plan also requires the clubhouse be constructed to meet LEED requirements, which will reduce potential impacts on greenhouse gases. The. mitigation measures included in the EIR will also protect the residents and visitors to the project area from environmental hazards, C. The subject property is physically suitable for the requested land use designation(s) and the anticipated land use development. The areas designated for restricted or prohibited development within the Specific Plan are those where hazards could occur, The balance of the site where development will be permitted is gently sloping, and outside the City's Hillside Management Overlay, meaning that the slopes 10 Packet Page. 804 2008-422 1 commercial areas, and with the extension of pathways, trails and sidewalks as planned in 2 the Specific Plan, will be easily accessible for shopping and employment. 3 Based upon substantial evidence in the record, the Mayor and Common Council 11 Packet Page. 805 2008-422 D, The site is physically suitable for the proposed density of development. The tentative parcel map implements the Specific Plan planning areas, which are designed to accommodate higher densities of residential units in areas suitable for development, to allow greater open space preservation. The open space land is also included in the parcel map, and will be restricted as open space in perpetuity upon recordation of the parcel map, E. The design of the subdivision is not likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat. The design of the parcel map, and the mitigation measures included in the SEIR for the project, assure that areas of environmental hazards are restricted or prohibited 12 Packet Page. 806 2008-422 1 parcel map will also provide a connection to Campus Parkway through the University, 2 pursuant to a written agreement between the University and the applicant. 3 4 5 6 hereby find: 7 A. The proposed tentative tract map is consistent with the General Plan, the 8 University Hills Specific Plan and the Development Code, The proposed tract map will 9 create 26 single family residential lots which are consistent with the development 10 standards established in the Specific Plan. 11 B. The design of the proposed subdivision is consistent with the General 12 13 Plan. The tract map implements planning area 12 of the Specific Plan, which allows for 14 single family residential units on lots of the size proposed. The tentative tract map is 15 also consistent with the high quality design goals and policies of the General Plan, 16 insofar as it implements a master planned community which will have extensive 17 amenities for its residents, 18 19 20 21 22 23 24 25 26 27 28 SECTION VI. TENTATIVE TRACT MAP NO, 18696 FINDINGS Based upon substantial evidence in the record, the Mayor and Common Council C. The site is physically suitable for the type of proposed development. The tract map does not occur in areas designated for restricted or prohibited development within the Specific Plan. The site is gently sloping, and outside the City's Hillside Management Overlay District, The lots within the tentative tract map will be terraced to allow for flatter development areas, D. The site is physically suitable for the proposed density of development. The Tract Map proposes 26 lots on 3,11 acres, consistent with the density of 3.2 to 9.0 units per acre allowed in the Standard Lot Detached (SLD) designation assigned to the 13 Packet Page. 807 2008-422 acre. 14 Packet Page. 808 2008-422 c.The site is physically suitable for the type of proposed development. The 15 Packet Page. 809 2008-422 1 development areas in the Specific Plan, nor does it occur adjacent to any open space area 2 proposed north of the tract map, 3 F, The design of the subdivision is not likely to cause serious public health 4 5 problems. The tentative tract map is not within a restricted development area, and is not 6 on the San Andreas Fault. The design of the tentative tract, as conditioned, will meet 7 City requirements for sight-lines and street widths for surrounding streets, to allow safe 8 transport through the site. 9 G, The design of the subdivision and the type of improvements do not 10 conflict with any easements, acquired by the public at large, for access through or use of 11 property within the proposed subdivision. The tentative tract map incorporates existing 12 13 easernents without interfering with them, Any easements created through the master 14 parcel map (TPM No. 18969) for the project, will be implemented in the tentative tract 15 map as necessary, 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION VIII. CERTIFICATION OF THE SUBSEOUENT ENVIRONMENTAL IMPACT REPORT NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council of the City of San Bernardino that the Final Subsequent Environmental Impact Report (SCH #2007071155) is adequate and complete in that it addresses the environmental effects of General Plan Amendment No. 08-03, the University Hills Specific Plan, Tentative Parcel Map No, 18969, Tentative Tract Map No. 18696 and Tentative Tract Map No. 18140, and fully complies with the requirements of the California Environmental Quality Act, the CEQA Gnidelines and the City's Environmental Review Procedures. The Final Subsequent Environmental Impact Report 16 Packet Page. 810 2008-422 1 . is hereby certified; the Facts, Findings and Statement of Overriding Considerations are 2 hereby adopted; and the Mitigation Monitoring and Reporting Plan is hereby adopted. 3 SECTION IX. ADOPTION OF THE GENERAL PLAN AMENDMENT AND 4 5 UNIVERSITY HILLS SPECIFIC PLAN 6 Based upon the above-referenced findings, General Plan Amendment No. 08-03 7 and the University Hills Specific Plan No. 07-01 (attached and incorporated herein as 8 Exhibits D and E, respectively) are hereby adopted. 9 SECTION X. APPROVAL OF TENTATIVE PARCEL MAP NO. 18%9. TENTATIVE 10 TRACT MAP NO. 18696 AND TENTATIVE TRACT MAP NO. 18140 11 Based upon the above-referenced findings, Tentative Parcel Map No. 18969, Tentative 12 13 Tract Map No. 18696 and Tentative Tract Map No, 18140 (attached and incorporated 14 herein as Exhibits F, G, and H, respectively) are hereby approved. 15 SECTION XI. NOTICE OF DETERMINATION 16 17 hereby directed to file a Notice of Determination with the County of San Bernardino 18 19 20 Environmental Quality Act in preparing and certifying the Final Subsequent 21 Environmental Impact Report and adopting the Facts, Findings and Statement of 22 Overriding Considerations, the Mitigation Monitoring and Reporting Plan, General Plan 23 Amendment No. 08-03, the University Hills Specific Plan, Tentative Parcel Map No. 24 25 26 27 28 In accordance with the provisions of this Resolution, the Planning Division is Clerk of the Board of Supervisors certifying the City's compliance with the California 18969, Tentative Tract Map No. 18696 and Tentative Tract Map No. 18140. A copy of the Notice ofDetennination will be forwarded to the State Clearinghouse. 17 Packet Page. 811 2008-422 18 Packet Page. 812 2008-422 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE 2 FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT 3 REPORT, ADOPTING THE MITIGATION MONITORING AND REPORTING PLAN, AMENDING THE GENERAL PLAN AND THE UNIVERSITY DISTRICT 4 SPECIFIC PLAN, ADOPTING THE UNIVERSITY HILLS SPECIFIC PLAN 5 AND APPROVING TENTATIVE PARCEL MAP NO. 18969, TENTATIVE TRACT MAP NO. 18696 AND TENTATIVE TRACT MAP NO. 18140. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 joint . Common Council of the City of San Bernardino at a regular meeting thereof, held 8 9 on the 17~h day of November 2008, by the following vote to wit: 10 Council Members: 11 12 13 14 15 16 17 18 19 20 21 Navs Abstain AbsentAves ESTRADA L BAXTER x BRINKER x DERRY x KELLEY x JOHNSON L xMCCAMMACK k~ 22 23 24 25 26 27 28 Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this /~ day ofNoverilber, 2008, PATRICK J. MORRIS, Mayor City of San Bernardino By: J esF.Penman ity Attorney 19 Packet Page. 813 I' .. Exhibits to the Resolution of the city of San Bernardino adopting the Facts, Findings and Statement of Overriding Considerations, certifying the Final Subsequent Environmental Impact Report, adopting the Mitigation Monitoring and Reporting Plan, amending the General Plan and the Univenity District Specific Plan, adopting the Univenity BiOs Specific Plan and approving Tentative Parcel Map No. 18969, Tentative Tract Map No. 18696 and Tentative Tract Map No. 18140: Exhibit A 1 - 4 (Bound Document) 1. Initial Study Z. Notiee of Preparation (NOP) 3. Responses to NOP 4. Draft Subsequent Environmental Impaet Report Exhibit A 5: Notiee of Completion Exhibit A 6 - 8 (Bound Document) 6. List of persons, organizations and pub1ie agencies commenting on the Draft Subsequent Environmental Impaet Report (DSEIR) 7. Comments received on the DSEIR during and after the public comment period 8. Responses to comments on the DSEIR Exhibit B: Environmental Findings of Faet and Statement of Overriding Considerations Exhibit C: Mitigation Monitoring and Reporting Plan (Bound with Exhibit A 6 - 8) Exhibit D: General Plan Amendment No. 08-03 Exhibit E: University Hills Specific Plan (Bound Doeument) Exhibit F: Tentative Parcel Map No. 18969 (Large Format Map) Exhibit G: Tentative Traet Map No. 18696 (Large Format Map) Exhibit H: Tentative Traet Map No. 18140 (Large Format Map) Packet Page. 814 EXHIBIT A 1- 4 Bound Document) DRAFT Environmental Impact Report University Hills Specific Plan City of San Bernardino, California SCH #2007071155 EXHIBIT A 1. Initial Study 2. Notice of Preparation (NOP) 3. Responses to NOP 4. Draft Subsequent Environmental Impact Report il'L, rl~' V Ii Prepared by: Michael Brandman Associates 621 Carnegie Drive, Suite 100 San Bernardino, CA 92408 Contact: Kent Norton, Project Director l;Jll l;ch.ldl1r:mJm,1,} h",.;u.!<'s Draft EIR August 1, 2008 Packet Page. 815 I . EXHIBIT A 5 I City of San Bernardino Development Services Department Notice of Completion and Availability of Draft Subsequent EIR To:Responsible and Interested Agencies, Special Interest Groups, Local Residents, and Other Interested Persons From:City of San Bernardino Development Services Department 300 North D Street, San Bernardino, CA 92418 Contact: Terri Rahhal, City Planner CLERK OF THE BOARD AUG . 1 7.008 COUNlY OF SAN BERNARDINO The City of San Bernardino is the Lead Agency and has released for public review a Draft Subsequent Environmental Impact Report (EIR) for the proposed project. The Draft Subsequent EIR is supported by the previously certified EIR for the Paradise Hills Specific Plan, Subject:University Hills Specific Plan Draft Subsequent EIR Project Title:University Hills Specific Plan Project Location: The Proposed Project is located in the northern portion of the City of San Bernardino in San Bernardino County, California, It is located just north of the California State University San Bernardino (CSUSB) campus on 404 acres of vacant land in the foothills of the San Bernardino Mountains, Access to the project area is proposed via Campus Parkway offNorthpark Boulevard to the west and from Little Mountain Road off Northpark Boulevard to the east. Project Description: The UHSP consists of 404,3 total acres, with 169,5 acres or 42 percent of the site proposed for residential and related uses, including 10,2 acres of parks and recreational uses, The project proposes a total of980 units with a gross density of2.4 dwelling units per acre (980 units divided by 404.3 acres) and a net density of 5,8 units per acre, excluding natural open space (980 units divided by 169,5 acres). Residential densities range from 0,0 to 20 dwelling units per acre, The lowest densities (0-3,1 units per acre) are located north of the San Andreas Fault and include single-family detached estate homes. Immediately south of the San Andreas Fault in the West Village area are standard detached lots (3,2-9 units per acre). Mixed Detached and Attached units (9,1-15 units per acre and 17 units per acre, reSl>ectively) are located in the interior and perimeter of the site, The highest densities (15.1-20 units per acre) are generally located in the interior portions of the West Village area around the clubhouse and in the East Village area behind Badger Hill, Four (4) acres of the highest density area (Planning Area 16) will be dedicated to CSUSB for exclusive use as faculty housing (approx, 60 units), Three subdivisions are currently proposed: Tentative Parcel Map No, 18969, Tentative Tract Map 18696 and Tentative Tract Map 18140. Significant Environmental Effects: The Draft Subsequent EIR identifies significant unavoidable adverse impacts on air quality, populationlhousing growth inducementlSCAG consistency, and transportation, Public Review Period: The Draft Subsequent EIR is available for public review beginning August 1, 2008 and ending September 15, 2008, during which time the public and interested parties are invited to comment on the Draft Subsequent E1R for the proposed project. Public comments may be sent during this time period to the following name and address: City of San Bernardino Development Services Department 300 North D Street, San Bernardino, CA 92418 Contact: John Oquendo, Assistant Planner or cn i v er<;i!.Y.biJ I s(i~5hiilW_rg See Counter Planning Staff to View Documents c m r- m c Qo 0 o en I m C 1'_. Packet Page. 816 I . The Draft Subsequent ElR is Available for Public Review at the following locations: City of San Bernardino Development Services Department, 300 N, "D" Street, 3'" Floor, San Bernardino, CA 92418, Feldheym Central Library, 555 W, 6" Street, San Bernardino, CA 92410 City of San Bernardino web site, www.sbcitv.on.: Public Meetings: The City of San Bernardino Planning Commission and the Mayor and Common Council will consider the University Hills Specific Plan and the Draft Subsequent Environmental Impact Report (EIR) at noticed public hearings, Agendas for the public meetings of the City of San Bernardino are routinely posted on the City's web page, Presence of the Site on Lists Enumerated under Sedion 65962.5 of the Government Code: The proposed project site is not included on any lists compiled pursuant to Section 65962,5 of the Government Code, Packet Page. 817 I ,. . " ill I I I I I I I I I I I I I I EXHIBIT A 6 - 8 and EXHIBIT C U_"'~~'-'='~""'''~-'''''~~'~ L;.,~~;:it'F:..~~ Bound Document) ~;l 5r~~:..':,~~~;:,~;'_:':W~' :;:?~~:,/;;~~~~~S~f:~?i:~':,;.:: ::f Final Environmemallmpact Repon UniversilV Hills Specific Plan CilV of San Bernardino SGB #2001011155 October 22, 2008 EXHIBIT A 6. Ust of persons, organizations and public agencies commenting on the Draft Subsequent Environmental Impact Report (DSEIR) 7. Comments received on the DSEIR during and after the public comment period 8. Responses to comments on the DSEIR EXHIBIT C: Mitigation Monitoring and Reporting Pian Iichacl Brandman Associates 621 E. Carnegie Drive, Suite 100 San Bernardino, CA 924118 Packet Page. 818 I' EXHIBIT B Environmental Findings of Fact for the Environmental Impact Report University Hills Specific Plan State Clearinghouse # 2007071155) Prepared for: City of San Bernardino Planning Department 300 N, D Street San Bemardino, CA 92418 909.384,5080 Contact: Terri Rahhal, City Planner P. DiJl",... A~, J. 4{j T .. , J,...... t/t, ....(v L=t!Ii"-':: Prepared by: Michael Brandman Associates 621 E, Carnegie Drive, Suite 100 San Bernardino, CA 92408 909,884,2255 Contact: Kent Norton, AICP, REA, Director of Environmental Services Draft October 9, 2008 Packet Page. 819 EnIl#lonnlMIaI FIndIngs of hct UrIlvwWIy"'" SpecIfIc""'" EIR InttDdut:fIon TABLE OF CONTENTS SectIon 1: Introduction ....................................................................................................... 2 1,1 - Project Description ................,...........................................................................2 1.2 - Background and Project History .......................................................................,3 1,3 - Statutory and Regulatory Requirements.............,.....................,.....................,,, 4 1,4 - Summary of Environmental Findings .................................................................5 Section 2: Finding Regarding Impacts that are Leu Than Significant and, Therefore, do not Require Mitigation ............................................................................ 7 2,1 - Aesthetics, Light, and Glare......................,..,..........................,.......................... 7 2,2 - Agricultural and Mineral Resources,.......................,.........,.,.....,......................,. 7 2,3 - Recreation"...... '.',....,......,....., ,..,..,.."..,........,....,.. ,.........,..,................, ...." ....,..,8 2,4 - Cumulative Impacts..."."..,..,.............,..,..,............"..".....,......,...............,..,......,8 2,5 - Summary............"....,..,.."..,...,..,....."..,..,.......,...............,.....,..,..........,..........,,16 Section 3: Finding Regarding Potentially Significant Effects that have been Mitigated to Below a Level of Significance with the Adoption of Mitigation lI_u.... ....................................................................................................17 3,1 - Biological Resources................,................,...........................,........................, 17 3,2 - Cultural Resources"....,.."..,...,..,..,.."..,.....,..".."..,..,..".,..,...,....,..........,..,..,.... 18 3,3 - Geology and Soils ......,..............,........,................,........................,..,...............20 3,4 - Hazards and Hazardous Materials.........................,..,................................,...., 21 3,5 - Hydrology and WaterQuality..,..................,...........................................,......... 22 3,6 - Land use ................"..,..,..,..,......,..,..,..........,.....,...,...........,........,..,..,..,.,..,....., 24 3,7 - Noise..,.., ..., ,.,..,.."..... '.,........" ,.".. ,.. '...,..'.."",.., ,....,.., .......... ....,...,....,..,..,..,.... 25 3,8 - Public Services,..,..,..,........,.."..,......,...,.....,....."..,.,....,....,.."..,.,........,....,..,....,27 3,9 - Utilities,.,...,..,..,..,..,..,.....,.., ......,..,..,... ,........,..",.. ......,..,..,..".., ............,.. ,....,.... 27 3,10 - Cumulative Impacts..............,.....,..,.."..,..,..,..."...."..,........,..,....,............,..,..,28 Section 4: Finding Regarding Impacts not Mitigated to Below a Level of Slgnlflcance30 4,1 - Air Quality,.....,.."....,..,......,.............,..,....,....."."..,......,....".......,............,.."..." 30 4,2 - Population and Housing and SCAG Consistency ..........................,.................32 4.3 - Transportation ..,...,....,..,.....,..,.."....,......,.."..,.."..'...........,'.',........"....,..,..'..,." 33 4.4 - Cumulative, ....,..,.... ........ ,.......",..,.. ,."..,..,.., ,......... ,...."....,.., '.,..,... ....,....,.....,.. 36 Section 5: Finding Regarding Growth Inducing, Unavoidable Adverse, and Irreversible Impacts .......................................................................................................39 5,1 - Growth Inducing Impacts................................................................................, 39 5.2 -Irreversible Impacts .................,...,..............,...,..".............,..,..,..,.."....,..,..,..,...40 Section 6: Finding Regarding Alternatives to the Propo.ed ProJ8Ct.............................42 6,1 - No ProjectlNo Development Altemative,............,.............................................43 6,2 - No Project - General Plan Development A ltemative.......................,................44 6,3 - Modified Specific Plan Altemative......,..................................,..........................44 6.4 - EducationallnstitutionITechnology Park Altemative ........................................46 6,5 - Alternative Sites ,........,.............."..,.."..,..,..,..,..,..,..,..,..,..,....,....,..,..,..,....,.......46 Section 7: Statement of Overriding Con. lderatlons.......................................................50 Packet Page. 820 EnvInJnmene./ Fllldlt",. of FfIct SpecHfc"""EIR nfJoducIIon SK'DOit't;>~.. '"""' ' c. '. ",-. - "" " L! ., ^ +C....,_.!I.."._._~.,.~.__ ".C-.,-., .'._~.' '. . ,', ,,' ~.'_. _,' '_ ,.,' _,.._'..,." i .. ',:c,o.. .,,' _: .,". __.: '..'. -_.__ ,',' ''._"__-._,. _ _ ;f~Y;;J\:iL'T~;;:+,O:;:<,'k'Z--_~;;<(,--;i::{-~:ti::Jt'x~__:-'_;.',_-;-::.:',';(,'-,_; -_'",/>_,1';'"i'_~fi';i -"~?-g~n~~;,;:;~~~.:- ~~~ This document contains the findings required under the California Environmental Quality Act CEQA) (Public Resources Code, ~ 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, fi 15000 et seq.), specifically CEQA Guidelines fi 15091, supporting the certification of the University Hills Specific Plan (UHSP) Environmental Impact Report (EIR) and approval of the project by the City of San Bernardino (City). 1.1 - Project Description The University Hills Specific Plan consists of 404.3 total acres, with 169.5 acres or 42 percent of the site proposed for residential and related uses, including 10,2 acres ofpmts and recreational uses. The project proposes a total of 980 units with a gross density of 2.4 dwelling units per acre (980 units divided by 404.3 tota1 acres) and a net density of 5,8 units per acre, excluding natura1 open space (980 units divided by 169.5 acres). A tabular summary of the project components is provided in Table 3-3. A conceptual land plan for the Proposed Project is shown in Exhibit 3-5 and photographs of the site are shown in Exhibit 3-6. Residential densities range from 0.0 to 20 dwelling units per acre. The lowest densities (0-3.1 units per acre) are located north of the San Andreas Fault and include single-family detached estate homes. Immediately south of the San Andreas Fault in the West Village area are standard detached lots (3.2-9 units per acre). Mixed Detached and Attached units 9.1-15 units per acre and 17 units per acre, respectively) are located in the interior and perimeter of the site. The highest densities (15.1-20 units per acre) are generally located in the interior portions of the West Village area around the clubhouse and in the East Village area behind Badger Hill. Four (4) acres of the highest density area (planning Area 16) will be dedicated to CSUSB for exclusive use as faculty housing (approx. 60 units). It is estimated the UHSP project will eventually support a population of 3,283 persons based upon the maximum buildout of980 units times an average of3.35 persons per unit. This household size is based on 2000 US census data and the latest City demographic factors. The UHSP contains 10.3 acres ofpmts including a .2.2-acre private clubhouse in the West Village area which can accommodate a pool and tennis courts and other active amenities, two O.5-acre recreational facilities in the East Village area, a 5-acre "California Walnut Grove Linear Park" along Badger Creek, and the 2.1-acre Glider Park (planning Area 1) in the northwest comer of the site which will provide a safe approach zone for the hang gliders landing at the adjacent Andy Jackson Airpark. The project has an internal pedestrian/walking trails system that connects to a multi-purpose trail consistent with the planned regional trail for this area. The Project will preserve 234.8 acres (or 58 percent of the site) as natura1 open space that is proposed to be used by the nearby CSUSB as a land laboratory" called the "Akkad Preserve," The land laboratory will have minimal improvements but may include limited trails, signage, fencing, and various teaching stations, A detailed summary of the proposed land use plan for the UHSP is provided in Table 3-4, Planning Area Land Uses, Packet Page. 821 Env#nJnInMIIIII'ItHIIIIp of_ Unlvwslty _ SpecItIc ",." EIR InfI'DducfIon 1.2. Background and Project History 1.2.1 - Background Pursuant to CEQA Guidelines ~15051, the City of San Bernardino is the lead agency for the University Hills Specific Plan, with primary land use authority over the Proposed Project. The City determined that the project may have significant impacts on the environment; therefore, a Draft Subsequent Environmental Impact Report (EIR) was prepared. The City issued a Notice of Preparation ofa Subsequent Environmental Impact Report between August 28, 2007 through September 27,2007, inviting comments from responsible agencies, other regu1atory agencies, organizations and individuals pursuant to CEQA Guidelines ~ 15082, In response to the Notice of Preparation (NOP), the City received written comments which assisted the City in identifying the issues and alternatives for analysis in the Draft EIR. The City also held a scoping meeting at City of San Bernardino City Hall on September 18, 2007 to inform the public and interested agencies about the project and to solicit public comments on the scope of the environmental issues to be addressed in the Draft EIR. Pursuant to the CEQA Guidelines, the City prepared a Draft EIR (State Clearinghouse No. 2007091039) to analyze the project's potential adverse environmental impacts. Upon completion of the Draft EIR dated May 16, 2008, the City initiated a 45-day public comment period from May 16, to June 30, 2008, by filing a Notice of Completion (NOC) with the State Clearinghouse for the Governor's Office of Planning and Research and publishing a Notice of Availability (NOA) for the Draft EIR in a newspaper of general circulation within the City's jurisdiction (CEQA Guidelines ~ 15087). Copies of the Draft EIR were distributed to state agencies through the State Clearinghouse. The NOA was sent to public agencies, organizations, and individuals and indicated where copies of the Draft EIR could be obtained, or available fur review. The City made copies of the Draft EIR available for local review at the City of San Bernardino Public Library 510 E, Florida Avenue, San Bernardino, CA 92543; San Bernardino Unified School District 2350 W. IAltl1am Ave, San Bernardino, CA 92545; City of San Bernardino Planning Dept 445 Florida Avenue San Bernardino, CA 92543. During the public review period for the Draft EIR, the City consulted with and requested comments from all responsible and trustee agencies, other regu1atol)' agencies and other interested parties pursuant to CEQA Guidelines ~ 15086, During the public review period, the City received 303 written comments on the Draft EIR. The City provided written response to comments received from the commenting agencies/individuals pursuant to Public Resources Code ~ 21092.5. The response to comments includes the comments received on the Draft EIR, a list of those commenting, and the City's response to the significant environmental points raised in the review and consultation process. The Final EIR for the project consists of the Draft EIR (incorporated by reference), the response to comments, mitigation monitoring report program (MMRP), and changes to the Draft EIR which clarifY, supplement, or update the information provided in the Draft EIR, None of the changes or supplemental information in the Final EIR Packet Page. 822 J. En__IaI Rnd/nfIS ofFllct Un'-""Y Hills s"ldflc,.,." SR In_ constitute significant new information as defined by CEQA Guidelines ~15508,5, Therefore, CEQA does not require recirculation of the Draft EIR In summary, the Final EIR includes the Draft EIR, Response to Comments (RTC), corrections and additions to the Draft EIR, and a Mitigation Monitoring Report Program (MMRP), 1.2.2 - Project HIstory The project, which was fonner1y known as The Paradise Hills Specific Plan, was submitted to the City of San Bernardino in 1991 and approved in 1993. The City of San Bernardino General Plan and Development Code govern land use and zoning on the project site. Both of these plans identify the project site as governed by the Paradise Hills Specific Plan. Currently, the proposed University Hills Specific Plan is not consistent with the City of San Bernardino General Plan Land Use. However, the project proposes to do a General Plan amendment, making the proposed project site consistent with the General Plan Land Use. If approved, the University Hills Specific Plan (UHSP) would replace the Paradise Hills Specific Plan relative to land use on the Proposed Project site. The approved Paradise Hills Specific Plan proposed 504 residential units on approximately 229 acres (56.7 percent) with 175 acres (43.3 percent) to remain as natural open space. The residential units were divided into areas in the "foothill" development zone (383 units on 110.6 acres or 3.5 units per acre average density) and areas in the "hillside" development zone (121 units on 117,9 acres or 1 unit per acre average density). The PHSP has a gross density of 1.25 units per acre (504 units on 404 acres) and a net density of2.2 units per acre (504 units on 229 acres - total size minus open space). Due to economic conditions, the project was never built. 1.3 - Statutory and Regulatory Requlrementa These fmdings are based upon the information in the record of proceedings, including, but not limited to, the Final EIR, staffreports, project applicant's materials, MMRP, and the testimony presented at public hearings. Section 15091 of the CEQA Guidelines precludes the City from approving or carrying out a project for which a Draft EIR has been certified that identifies any significant environmental effects unless the City makes one or more of the following written finding(s) for each of those significant effects accompanied by a brief explanation of the rationale for each finding: 1. Changes or alterations have been required in, or incorporated into, the project which will avoid or substantially lessen the significant environmental impact as identified in the Draft EIR; or 2, Such changes or alterations are within the responsibility and jurisdiction of a public agency other than the City, and such changes have been adopted by such other agency, or can and should be adopted by such other agency; or 3, Specific economic, social, legal, or other considerations make infeasible the mitigation measures or project alternatives identified in the Draft EIR. Packet Page. 823 is':&~~\iLiZ',':~;, En"""""'**' RndIrIt1s of F8ct CJnI--"Y ",.. Spec:Hfc ,."", EIR Sections 15092 and 15093 of the CEQA Guidelines require that if the project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the projecL A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts, 1.4. Summary of Environmental Findings As set forth in more detail below, the City of San Bernardino Planning Department bas endeavored in good faith to set forth the basis for its decision to approve the Proposed Project. All of the findings made by the City of San Bernardino are based upon its consideration of the Final ElRand the substantial evidence within the record as a whole. Each of these environmental issues is described in Section 2 (Introduction) and in Section 1 (Executive Summary) of the Draft EIR. Environmental impacts identified in the Final EIR which the City of San Bernardino finds are less than significant and do not require mitigation are as follows: Aesthetics, Light, and Glare; Agricultural and Mineral Resources; Mineral Resources; and Recreation. Environmental impacts identified in the Final EIR as potentially significant, but which the City of San Bernardino finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions set forth herein are as follows: Biological Resources; Cultural Resources; Geology, Soils, and Seismicity; Global Climate Change; Hazards and Hazardous Materials; Hydrology and Water Quality; Land Use and Planning; Noise; Public Services; Utilities. Environmental impacts identified in the Final EIR as potentially significant but which the City of San Bernardino finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures are as follows: Air Quality; Population and housing and SCAG Consistency; and Transportation and Circulation. Environmental impacts identified in the Final EIR as cumulative, unavoidable adverse, and irreversible are described in Section 5 of this document Packet Page. 824 ij;'::i'~:';:;:i; En_tIIIRndI... 01_ Unw..lfy HIlls SpecHfc Plan ElR 1nln>ducll0I/ Environmental impacts identified in the Final ElR as growth-inducing, unavoidable adverse, and irreversible are described in Section 6 of this document. Alternatives to the Proposed Project that might eliminate or reduce significant environmental impacts are described in Section 7 of this document. Public Resources Code ~ 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures, Prior to taking action to approve the project, the City of San Bernardino was presented with, heard, reviewed, and considered all of the infonnation and data in the administrative record, including, but not limited to, the Final ElR and all oral and written testimony presented to it during meetings and hearings. The Final ElR reflects the independent judgment of the City of San Bernardino and is deemed adequate for pwposes of making decisions on the merits of the project and its related actions. No comments made in the public hearings conducted by the City of San Bernardino Planning Department or any additional information submitted to the City have produced any substantial new information requiring recirculation or additional environmental review of the Draft ElR WIder CEQA because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur and no feasible mitigation measures, as defined in CEQA Guidelines Section 15088.5, were rejected, Packet Page. 825 1aI FIndInga of F/Jct Un'--"Y HIlla SpecIfIc""" EIR Rn"lJfI "-"*'" Impects Ihat... L_ _ SIfInIIfcant and, 77I...ro... do""'Requ/I'e~fIo,l 1 ... ~ {... I' ~,,~ 'f 't I j, I '0 i1;' W',. 2* '".;> -:.t>~~,~. _4~J j.."'i,'f,,'i-"~'lt~' l,,~4.t-l!ist ,$1,' :t'".J>J%::i!;j tI' ' I ~ \ i .'" '" ~ . ~ ' -.. \ ~ . ~ '" '" ' ~ ~! I ~ ; L;~:~~:4;~~~t4 OIf'J.! The City of San Bernardino Planning Department finds that the following environmental impacts identified in the Draft EIR are less than significant, and as a result, mitigation is not required under CEQA. 2.1 . Aesthetics, Light, and Glare From the visual simulations, it appears most views of the site would be obstructed by Badger Hill, especially from existing residences to the southeast, and by the Kendall Hills, which will block views from the southwest including the 1-215 Freeway. Limited views of the site, especially the upper portions adjacent to the San Andreas Fault and Badger Canyon, will occur with distance from the site, including from residences across Northpark Boulevard to the southwest and from the Cal State University San Bernardino campus. The Specific Plan landscaping guidelines indicate that manufactured slopes will be replanted, but some of these slopes may be visible vom locations south and southwest of the site, The upper slopes of the San Bernardino Mountains and Badger Canyon will remain as permanent open space and views of these areas will not change from present conditions. Several policies in the City of San Bernardino General Plan recognize that the project site (as the PHSP site) will be developed with residential uses. The proposed UHSP land plan increases development intensity on the alluvial fan areas bnt clusters or concentrates residences south of the San Andreas Fault and out of Badger Canyon. On balance, the proposed UHSP land plan appears to be equivalent or superior to the previously approved PHSP in terms of visual impacts, The project site is not visible from 1-215 or SR-18, and neither of these are designated scenic routes in the vicinity of the project site. Development of the Proposed Project would not affect views of the hills from 1-215 because of the intervening Kendall Hills. For these reasons, the Proposed Project will have a less than significant impact on Aesthetics Light and Glare. 2.2 - Agricultural and Mineral Resources According to the Farmland Mapping and Monitoring Program (FMMP) maps prepared by the California Resources Agency, there is no designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance on the project site or adjacent areas, In addition, the site does not contain enough prime agricultural soils or other physical characteristics that would yield a significant LESA Model score, Furthermore, according to the City of San Bernardino General Plan, the project area is not designated for agricultural use, and there are no active Williamson Act contracts in place for any portion of the project area or adjacent areas, According to the California Department of Conservation's Mineral Land Classification report for the area, the project site occurs within an area that has been classified as MRZ- 3, These are areas where Packet Page. 826 En.".""".",. RndInrIs of_ Unlvwslty HIlls SpecIIfc ",." ElR Rmllng RlJgaIdng Impecfa _... Lea ",." Sl/lnlflcMt and, ."..,aAn. do not RequIte IIltItIatlv.. the significance of mineral deposits cannot be evaluated from available data. However, it should be noted that no mineral production currently occurs on or adjacent to the project area. Soil composition, depth-to-bedrock, and other factors make the site unattractive for sand and gravel operations, These types of operations are better suited to valley bottoms and arroyo channels, not the mountain foothills where the project is located, Other valuable mineral resource constituents are not known to occur in the project area. For these reasons, the Proposed Project will have a less than significant impact on Agriculture and Mineral Resources, 2.3 - Recreation The Proposed Project would increase the City's population and have a corresponding increase in park usage. However, the Proposed Project would provide 10.3 acres of onsite park facilities and the equivalent of 6.1 acres of in-lieu fee payments to acquire and develop additional parkland to offset its contribution to increase park usage. The City's General Plan shows the Foothills Regional Trail goes through the Proposed Project site. The University Hills Specific Plan proposes a regional trail along the extension of Campus Parkway through the site in a northwest-southeast direction to provide connections to the future planned extension of the Foothills Trail to the east and west of the project site. In addition, the project would provide non-vehicular paths, sidewalks, etc. for project residents to travel within the project and to the CSUSB campus without using personal vehicles. For these reasons, the Proposed Project will have a less than significant impact on Recreation. 2.4 - Cumulative Impac1B 2.4.1 - Aesthetics, LIght, and Glare The analysis area for evaluation of cumulative impacts to aesthetics resources includes views of the southwestern portion of the San Bernardino Mountains to the north. Views of the site from surrounding areas are somewhat limited by the Kendall Hills to the southwest and Badger Hill immediately south of the site. The slopes with elevations above 2,000 feet are readily visible from downtown San Bernardino and other locations in this portion of the San Bernardino Valley where views are not blocked to the north. Views of the site from the 1-215 Freeway are effectively blocked by the low Kendall Hills (along the north side of Kendall Drive west of University Parkway), Development of the project as proposed will not require grading above 1,900 feet elevation other than the one reservoir pad, which means no manufactured slopes will be visible at a distance away from this project. Similarly, planned structures are residential in nature and generally one to three stories in height, Since views of the site are restricted on an area-wide basis, so too would be glare from reflections off windows or direct views of night lighting such as streetlights. The project does not contain any lighted athletic fields so there will be no glare from this potential source. For these reasons, the project will not have cumulative impacts relative to views or glare, Packet Page. 827 EmIl"""".",., FlndI_ 01_ UnIVW1llly HIlla SpecIIfc _ EIR FInding RegIIn1Ing",."..". _... Lea _ SIgnIbnt 71terwtoIw. do not".".",. ~I This area is essentially vacant at present and bounded by national forest land on the north. Nighttime lighting levels are very low at present, although there is considerable spillover from night lighting at the CSUSB to the south. If the Proposed Project is built, it will contribute to an overall increase in ambient nighttime light levels referred to as "sky glow" by the International Dark Sky Association, the most prominent group that monitors this urban and suburban development impact www,darkskies.onz), The development standards of the Specific Plan limit the insta1lation of lighting fixtures to the degree required for public safety by police and fire personnel. In addition, lighting levels will be relatively low, in tenns of urban development, since the project is all residential and will have no commercial or institutional facilities that are lighted at night (e.g., shopping center). Potential impacts would be reduced further by review of proposed lighting plans during subsequent development review of the project as specific maps or buildings are proposed. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan, Within the City and surrounding vacant areas, approved and additional development would result in additional lighting and surfaces that will create glare. The General Plan estimates the City will grow by 23,568 units from now until buildout, which will disturb thousands of acres of land (fable LU-3, City General Plan 2(05), but a relatively small amount of this planned growth will occur in the foothills and areas surrounding the Proposed Project site, While the Proposed Project will incrementally contribute to an increase in sky glow, this area is planned for residential development and its contributions to ambient lighting levels is considered to be not cumulatively considerable. 2.4.2 - Agricultural and Minerai Resources The analysis area for evaluation of cumulative impacts to the entire City and this portion of the San Bernardino Valley. The project, when combined with other projects anticipated in the General Plan, would not result in cumulative impacts, Other projects that would occur under Genera1 Plan bui1dout may affect the availability of existing or historical agricultural land or areas with identified mineral resources. Future development would also be required to comply with the City of San Bernardino General Plan, Fulfillment of these requirements would ensure that no significant impacts on these specialized land uses will occur from other projects that would occur under buildouL 2.4.3 - BIological Resources The analysis area for evaluation of cumulative impacts to biological resources includes this westem portion of the San Bernardino Mountains, its foothills along the southern slope of the mountains, as well as the canyons that drain these slopes, down to Cajon Creek and ultimately to the Santa Ana River southwest of the project area. The project will develop 160 acres of alluvial fan terrace area covered by chaparral with vegetation of disturbed grassland and native scrub vegetation. Some of these lands overlap critical habitat for the Califomia gnatcatcher and San Bernardino kangaroo rat, However, neither of these species were found on the project site. Conversely, the project would preserve 235 acres of land comprising the foothills and canyons of middle and upper Badger Canyon, J>. Packet Page. 828 y,;.,t_'''''+ {i:\,--;i;:;&:' En"""""**' RtdtIrIa of Fact HI" SpecIfIc""" ElR Rndng RejJ8nllIIfI""""'" fhat _ t..a -. S/prJfIcIJnt d, ~ do_"-quI"~_ which is a major drainage in this portion of the foothills. With mitigation, potential impacts to listed animal species were reduced to less than significant levels. With the preservation of Badger Creek and its feeder canyons, potential regional impacts from this project on biological resources are not considered to be cumulatively considerable, 2.4.4 - Cultural Resources The analysis area for evaluation of cumulative impacts to cultural resources includes the entire City as outlined in the San Bernardino General Plan. The project vicinity represents an area with prehistoric settlement by several Native American groups prior to Spanish and Mexican settlement, and then American settlement during the mid-nineteenth century, The project site and surrounding areas are largely vacant at present. The site appears to contain remnants of a small residential "camp" and homestead but this area will remain in pennanent open space so there are no impacts in this regard. Development of the project site will contribute to the incremental loss of vacant lands that may contain cultural artifacts or resources, Potentially significant impacts were found for historic, archaeological, and paleontological resources, and for human remains, due to the possibility of encountering an unanticipated find during excavation. Mitigation measures are proposed to reduce the potentially significant impact to less than significant levels. With implementation of these mitigation measures, impacts to cultural resources would not be cumulatively considerable. 2.4.5 - Geology, Solis, and Seismicity The analysis area for evaluation of cumulative impacts to geology, soils, and seismicity includes this portion of San Bernardino County, due to the presence of several branches of the San Andreas Fault that cross the site. The various geotechnical investigations evaluated subsurface soil and groundwater conditions at the project site. The existing documents contained the results of extensive field explorations, laboratory testing, engineering analyses, and design recommendations for previous development projects at or near the project site. From these documents, geotechnical conclusions and preliminary recommendations for planning of the proposed development were developed. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan, Within the City and surrounding vacant areas, approved and additional development would result in additional excavation activities and further intensification of land use that could potentially impact geology, soils, and seismicity in the area. The General Plan estimates the City will grow by 23,568 units from now until buildout, which will disturb thousands of acres ofland (Table LU-3, City General Plan 2005). Potentially significant project-level impacts were found concerning exposure of persons or structures to seismic hazards due to the presence of several faults onsite. Potentially significant impacts were also found concerning substantial erosion or loss oftopsoil during site construction, The Proposed Project would develop 980 residential units in this portion of the City. The General Plan identifies areas in the City where additional growth will occur that contain various geotechnical constraints, including faults and soil erosion. However, only a small amount of this growth will occur proximate to the San Andreas Fault Zone. The City's General Plan, Development Code, development review Packet Page. 829 EmIt~ RtIfMn(pI ofF8ct UnlvwsIty HIlla SpecIfIc Plan EIR R"'*'lI Regeldllfl""""'" _.. LMa",." SIgnIIIcant end, TIreI.... do not Requh _.,.,so.. process, and uniform building code all require detailed geotechnical studies for proposed development which identilY impacts and appropriate mitigation for suspected geotechnical hazards, similar to the process applied to the USHP project. Implementation of the UHSP project and future development under the General Plan, consistent with development guidelines from required geotechnical studies, will help reduce potential earth-related cumulative impacts to less than significant levels, Therefore, the Proposed Project will not make a substantial contribution to cumulatively considerable impacts relative to geology, soils, and seismicity, 2.4.6. Huards and Huardous Materials The analysis area for evaluation of cumulative impacts to hazards and hazardous materials includes the University District subarea identified in the San Bernardino General Plan as well as the City as a whole. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Citywide, approved and additional development will result in additional excavation activities and further intensification of land use that could potentially impact hazards and hazardous materials in the area. Development of the City is expected to increase housing by 23,568 units from now until buildout, with some of that land being vacant while other lands have been developed. Development of the Proposed Project would result in an increased demand for fire protection services, resulting in the need for additional fire protection facilities and personnel to cover the Proposed Project, Potentially significant impacts were not found concerning: (1) location on a site that would create a potential hazard to the public and the environment; (2) exposure of sensitive receptors to hazardous emissions, materials, substances, or waste; or (3) impeding the implementation of or physically interfering with an adopted emergency response or evacuation plan. The Proposed Project would develop 980 residential units in an outlying vacant area, but residential development in general does not generate significant amounts of hazardous materials. Growth of industrial and to a lesser degree commercial uses in the City would generate more risk and potential impacts relative to hazardous materials on a cumulative basis, With implementation of best management practices and by following regulations, the Proposed Project would not make a substantial contribution to a cumulatively considerable impact relative to hazardous materials. 2.4.7. Hydrology and Water Quality The analysis area for evaluation of cumulative impacts to hydrology and water quality includes the University District sub-area, identified in the San Bernardino General Plan as well as the City as a whole. The project site is currently vacant and does not consume potable water. The Preliminary Hydrology Report was prepared to present an initial analysis of the Proposed Project's effects on the local and regional drainage basin and to serve as a background for subsequent reports, such as a Stormwater Control Plan and a SWPPP, that are required during the development process. These and other subsequent documents will detail the design recommendations for the control of stormwater for the project site and be used to meet local and regional regulatory requirements. Packet Page. 830 I' . . EnvtIOllllHJ/llJll FIntItnp of".", JrrNwsIIy Hm. SpecIIIc ,.,." EIR Flm611f1 ~ Impecta tIrM... L_1IIan S/fInIIIcMf 8IId, TIleI..... do not RwquIrellllle-_ Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Citywide, approved and additional development will result in additional excavation activities and further intensification of land use, which could potentially impact hydrology and water quality in the area. The tota1 residential units are expected to increase from 59,146 at present to 82,714 at buildout, representing an increase of 23,568 units, Potentially significant impacts were not found concerning the creation of additional impervious surface coverage and alteration of existing drainage patterns, potentially leading to downs1ream flooding or substantial erosion or siltation on- or offsite. Potentially significant impacts were found relating to adverse impacts to water quality during construction, adverse impacts to water quality from land use activities associated with the Proposed Project, substantial depletion of groundwater supplies or substantial interference with groundwater recharge, and creation of runoff water that could exceed the capacity of existing or planned stonnwater drainage systems. The Proposed Project would develop 980 residential units in this University District subarea. When taken into account with all residential and commercial buildout anticipated in the General Plan, the Proposed Project would result in a significant cumulative effect. However, the design of the project will incorporate water retention basins and bio-swales to increase infiltration of water as the new project is built. The Proposed Project would cause a net increase in potable water demand by almost a million gallons per day in relation to existing demand on the project site. The City's WSA bas indicated that this demand is accounted for in their long-tenn water supply planning and would not require the development of additional supplies. Unfortunately, City staff indicate that reclaimed water is not and will not be available to the project area at a cost effective rate due to its elevation (i.e., too high), and there is no infrastructure in place or planned to provide reclaimed water to the project site. Even with the ongoing uncertainty of imported water for Southern Califomia and the City's General Plan goal of using recycled water whenever practical, this impact is considered less than significant due to the design and location of the project relative to water and reclaimed water. Furthermore, with the design of the project and recommended mitigation measures, the EIR concluded that water-related impacts of the Proposed Project would be reduced to less than significant levels. Therefore, the project will not have a cumulatively considerable impact regarding hydrology and water quality, 2.4.8 - Land Use The analysis area for evaluation of cumulative impacts to land use includes the University District subarea and the City as a whole, as identified in the San Bernardino General Plan. The project site and its surroundings are vacant. The General Plan designation for the project site is Residential Low RL) in the steeper areas and Residential Suburban (RS) in the flatter portions of the site - these designations would allow from 750 to 966 residential units to be built on the site, depending on how units were placed or clustered in hillside areas (see Section 4.8, Land Use, and 4.10, Population and Housing, for more infonnation on potential bui1dout estimates). In addition, the City approved the Paradise Hills Specific Plan which would allow 504 units to be built on the site. Packet Page. 831 U.'I' . FfndItI(Jaofl'Kt IJrI/-wty HII/a SpecHfc""" ElR Rn"/JfI Rep....1I /mpacIs _... LMa"" Slgnlllcant and, 171.-, do not RequI,.IIIIIp_ Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan, Within the City, approved and additional residential and commercial development will result in additional excavation activities and further intensification of land use. Total residential units will increase from 59,146 units at present to 82,714 units at buildout. The University Hills project would increase the intensity of development on the project site by 95 percent compared to the PHSP (980 vs, 504 units). However, it is estimated that approximately 750 to 966 units could be built on the UHSP project site under the RL and RS designations of the General Plan, depending on how units were actually clustered in hillside areas. Development under the UHSP would represent an increase of 1.5 to 31 percent over that allowed under the Genera Plan. Section 4.10, Population and Housing, of the EIR concluded that the Project would have siguificant population and housing impacts because it was not consistent with SCAG growth projections, however, it does not appear the Project would make significant contributions to cumulative land use impacts related to growth. The project will intensify the land use designated by the General Plan by up to 31 percent. When combined with other projects anticipated in the General Plan, it is not anticipated that this potential amount of change would result in cumulatively considerable land use impacts, Other projects that would occur under General Plan buildout would not physically divide an established community, and they would be required to demonstrate compatibility with surrounding land uses and comply with the City of San Bernardino General Plan and Development Code, Fulfillment of these requirements would ensure that no significant impacts on land use occur from other projects that would occur under buildout, 2.4.9 - Noi.. The analysis area for evaluation of cumulative noise impacts encompasses the ambient noise environment around the project site as well as roadways that would experience increases in traffic volumes from project-generated trips. The cumulative noise impact analysis is gnided by evaluating increases in ambient noise levels in the project vicinity relative to existing conditions. Construction noise would result in temporary increases in ambient noise levels, and mitigation is proposed that would require implementation of noise control measures during construction activities. Because construction would be tempormy, ambient noise levels would not experience a pennanent increase and, therefore, no cumulatively considerable increase would occur. The Proposed Project would result in construction and operational vibration. Construction and operational vibration would not exceed significance thresholds at the nearest land uses (the residences south of Planning Areas 18 and 20 off of North I Street) and, therefore, would not be cumulative considerable. Project residential units would not be exposed to substantial vibration from vehicular activities due to the nature of the project (i.e., suburban residential), Therefore, project residents would not be exposed to significant sources of vibration or noise, and impacts would not be cumulatively considerable. Vehicular trips generated by the Proposed Project would not cause ambient noise levels along any affected roadway segments to exceed acceptable noise standards under opening year or buildout conditions, Therefore, the Proposed Project would not have a cumulative considerable impact related to increased ambient Packet Page. 832 En_,., Flnd/tIf1a of_ UnIvwsIty HIlla SpecIIIc ",." ElR FlndllIfI Reg/IIdIIfI """"'* _... LMs .... SItP""CIlIJ' lIIId, 7llerebw, do not RequIre -.,.,,0.1 noise levels on nearby roadways. Onsite noise associated with the Proposed Project would not result in ambient noise levels increasing to unacceptable levels at any surrounding land uses, Therefore, the Proposed Project would not have a cumulative considerable impact related to increased ambient noise levels at surrounding land uses. Onsite noise associated with the Proposed Project may expose project residents to unacceptable levels. Mitigation is proposed that would require the installation of various structural noise attenuation measures to ensure that interior residential noise levels are within acceptable standards to reduce impacts to a less than significant level. Therefore, the Proposed Project would not have a cumulative considerable impact related to exposure of project residents to unacceptable noise levels. In summary, the Proposed Project would not resuh in increases in ambient noise that would be cumulatively considerable. According to the City of San Bernardino General Plan Environmental Impact Report (2005 EIR), noise impacts would be significant after buildout until the San Bernardino Airport Master Plan has been adopted by the San Bernardino International Airport Authority (SBIAA) and corresponding noise contours have been established the extent of impact to parkland near the airport cannot be detennined, Parkland is designated as a sensitive use in the General Plan and should the noise contour exceed the limitations established by the General Plan no foreseeable mitigation could be accomplished if the park were to remain in use. Under those circumstances, the impact would be considered a significant adverse and unavoidable impact. The proposed UHSP is approximately 7.5 miles from the San Bemardino International Airport and is therefore outside the five (5) mile noise contour and will not impacted be impacted, 2.4.10 - Population and Housing The analysis area for evaluation of cumulative impacts to population and housing encompasses the SANBAG area and the entire Southern California region as monitored by SCAG. Cumulative impact analysis is guided by the population growth assumptions included in the City of San Bernardino General Plan and SANBAG's projections, The City of San Bernardino General Plan anticipates significant growth in San Bernardino between 2005 and 2030, The California Department of Finance estimated San Bernardino's population to be 200,280 in 2005, The General Plan projected a five-year increment for the City's population; the projected 2007 population for the City is 205,010. According to SCAG the City's population for the year 2010 will be 207,021. The average annual increase in the City's population is 1.5 percent. The average annual increasein the City's 2007 population in combination with a 1.5 percent annual increase would make the total population 214,466 by the year 2010, The Proposed Project is anticipated to open in 2010, SCAG anticipates that the City's population would be 207,021 persons that year, indicating that actual growth has occurred at a much lower rate than anticipated. The Proposed Project's residential uses would directly add an estimated 3,283 residents to the City's population over approximately a 5-year period or through 2015, The Proposed Project would not create substantial new employment opportunities because this is a residential project. Packet Page. 833 II' ElI_,., I'IndInrIa of_ Unl-.lly Hills Spet:ItIc ,.,." EIR FIndInrI Regan1Ing /mpIIcfJI- aN Las _ Slfl/lllkMt 17NIw/ln, donotRequh~J For the purposes of providing a worst-case scenario analysis, it is assumed that all of the 3,283 new residents of the project would also be new residents to the City, SANBAG's forecast for population growth in San Bernardino is the same as that contained in the General Plan. Based on the existing population (205,010) and accounting for expected population growth between 2010 and 2015 (1.5 percent annually) , the City's estimated population in 2010 without the Proposed Project would be 207,021 residents. The addition of the 3,283 new residents associated with the Proposed Project would bring the population to 210,304, exceeding the City and SCAG's 2010 population projection of 207,021 persons by two (2) percent. With the addition of population growth induced by the Proposed Project, the City's 2015 population is estimated to be 212,143 persons, which would slightly exceed the SANBAG's 2015 projection (208,860) by two (2) percent. Although the slight addition of population from the proposed project is projected to exceed SANBAG's 2010 projections by two (2) percent, the Proposed Project would not represent a cumulatively considerable growth-inducing impact relative to population and housing. 2.4.11 . Public Services and Recreation The analysis area for evaluation of cumulative impacts to public services and recreation includes the entire City of San Bernardino. The City of San Bernardino Parks and Community Services Department owns and maintains 52 park sites totaling 540 acres. Of these sites, 10 are dedicated community parks, 19 are neighborhood parks, 3 are special use parks, and 17 are pocket or mini- parks. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Within the subareas that constitute the City, approved and additional residential and commercial development will resuh in a further intensification of land use and continue to place demands on public services and recreation resources compared with existing conditions. Within the City, residential development will increase the housing stock from 59,146 units to 82,714 units (+72 percent), and substantial development will also occur in the Sphere of Influence area (a total of95,664 units at bui1dout [Table LU-3, CSB General Plan 2005]). Among public services and recreation resources, potentially significant impacts were found only for fue protection and emergency medical services, and trails. Potentially significant impacts were found regarding fire protection and emergency medical services that were due to the location of the project relative to existing police and fue facilities. Other projects that would occur under buildout could include mixed use projects with multistory buildings and both residential and commercial uses combined. Therefore, when considered with other projects associated with bui1dout, the Proposed Project would resuh in cumulative impacts for fue protection and emergency medical services. Since impacts for these resources are potentially significant for the Proposed Project separately, there would be a cumulatively considerable impact regarding fue protection and emergency medical services. However, the same types of mitigations that would reduce these project specific impacts to less than significant would be developed for other projects associated with buildout (i,e" dedication of sites for new police and fue facilities). After mitigation, therefore, no cumulatively considerable impacts to fire protection and emergency medical services would occur. An incremental increase in impacts to Packet Page. 834 r En_ FlndInp ofFect umvw.IIy HI" SpecHIc Plan Ell! Finding R-e-,.. /mpIJcIs _.. ..... ..... Slgllllfcant and, 7IJ..lIIIn. do not Requ/Iw-"etlon local and regional trails was also found associated with increased numbers of residents and trail users in outlying areas. Other projects that would occur during buildout would also increase numbers of residents and new employees and create additional use of the Foothill Trail and other trails beyond that anticipated for the Proposed Project. The project is installing the section of trail within its boundaries, so the Proposed Project is not expected to result in cumulative impacts to trails. 2.4.12. Utilities The project, when combined with other projects anticipated in the General Plan, would not result in cumulative impacts. However, other projects that would occur under General Plan bui1dout may increase the amount of energy consumed by the City. Other projects in the planning area would be required to provide adequate assessment of local and regional energy facilities to conclude the future project would not significantly increase demands on energy consumption. Furthennore, future development would be required to comply with the City of San Bernardino General Plan. Therefore, because increased consumption of energy by the Proposed Project and other developments in the City have to comply with the City's General Plan, or are already anticipated by local or regional energy facilities, the cumulative energy impacts of the Proposed Project would be less than significant. A detailed discussion of impacts and mitigation measure can be found in Section 4.14, Utility Systems, 2.5 - Summary Regional growth may eventually result in a number of cumulatively considerable impacts, including traffic and air quality. However, the Proposed Project will not make significant contribution to any of these cumulatively considerable impacts either during construction or from use of the planned improvements. Packet Page. 835 En_1III RndllIfIS ofF/lct HIlla SpecIfIc""" E1R FInd"" /tefIaIdtIfI-lfaIIy SIgnI/IcMt EIIIIcla haw /)eM II1II:. I rllv _. UIIeI of S/gIJ/flcence wIIh llleAdoptJon of~l_ The City of San Bernardino Planning Department finds that the following environmental impacts identified in the Final EIR are potentially significant but can be mitigated to 8 less than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and summarized below, 3.1 - Biological Resources 3.1.1 - Potentially Slgnlflcantlmpact Implementation of the project has the potential to adversely impact Plummer's mariposa lily, burrowing owl, nesting birds, and jurisdictional land. 3.1.2 - Finding With consideration of the above infonnation and the implementation of mitigation measures BIO-18 through BIO-lc, and BIO-38, the project's impacts to biological resources are found to be less than significant. 3.1.3 - Facts In Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM Blo-1. MM BlO-1b Plummer's Marisposa Lily. During the spring prior to grading, the developer shall retain 8 qualified biologist to conduct a focused survey of the proposed development areas to detennine if this species is present onsite. The survey shall be conducted according to the standard protocol established by CDFG. If the species is present, the developer shall fund relocation of the plants to 8 suitable location within the permanent open space area. Burrowing OwL Within 30 days of grading or any ground disturbance activities on the project site, 8 qualified biologist shall conduct 8 focused survey to detennine if burrowing owls are present onsite, The survey shall be conducted according to the standard protocol established by CDFG. If burrowing owls are detennined to be present on the site, mitigation shall follow the CDFG guidelines including passive relocation. If vegetation removal or ground disturbance begins within 30 days of the focused survey, no pre-construction survey would be required. Ifvegetation removal or ground disturbance activities begin after 30 days of the focused survey, 8 subsequent pre-construction survey would be required. Packet Page. 836 En."""",."., Rodlllga 01 Feet JlIIvwsHy HIla SpecIIIc""" SR RmInfI~ -...ySlflnl/ff:Mlt~ fIrat""". _ -If\.. I r/ II> Below al.ewl oIS/fIIIIIIcMCfI Adoption 0I11111t,dw. ......... MM BIO-1c NestiDg Birds. If trees or large shrubs (over 4 feet in height) will be removed during the nesting season (February 1 through August 31), a qualified biologist shall conduct a nesting bird survey no more than 30 days prior to any disturbance to identifY any potential nesting activity. If passerine birds are found to be nesting, or there is evidence of nesting behavior within 250 feet of the impact area, the biologist shall determine an appropriate buffer that shall be required around the nests, No vegetation removal or ground disturbance would occur within this buffer, For raptor species---birds of prey (e.g., hawks and ow1s}-this buffer would generally be 500 feet. A qualified biologist shall monitor the nests closely until it is detennined that the nests are no longer active, at which time construction activities may commence within the buffer area, Construction activity may encroach into the buffer area at the discretion of the biological monitor, MM-BIO-3a Jurisdictional Laud. Prior to grading, the developer shall obtain a Clean Water Act Section 404 Pennit from USACE, a Clean Water Act Section 401 Certification from the RWQCB (Santa Ana Region), and a Streambed Alteration Agreement from CDFG ifjurisdictiona11and will be impacted. Offsite mitigation, if necessary, shall be provided at a minimum 1: I ratio depending on location and importance of the jurisdictional land removed, If the project provides onsite mitigation equal or in excess of its identified impact (i,e., removal ofjurisdictiona11and), no permits may be necessary. This determination shall be made by qualified biologists in consultation with City Planning, USACE, and CDFG staffbased on the final land plan and value assigned to the proposed bio-swales and other drainage improvements onsite, 3.2 - Cultural Resources 3.2.1 - Potentially Significant Impact Implementation of the project has the potential to adversely impact unidentified cultural, archaeological, paleontological resources, 3.2.2 - Finding With consideration of the above information and the implementation of mitigation measures CUL-1 through CUL-4, the project's impacts to cultural resources are found to be less than significant 3.2.3. Facts In Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM CUL-1 The developer shall retain a qualified historian to survey the building remnants between Planning Areas 18 and 20 to detennine if they have any historical significance prior to excavation of the site. Due to their condition, they could not be Packet Page. 837 11 . Rnd1ttg8 oIFect I.InIvenIty HJIg SpecIfIc ",." SR Rndlng Regal"'''' PoIL.1IMIy SIgn/fIc8nt ElIlIcts IIIUIt-..JlID _. L.wIoISIo.~ with ilia AdoptIon oIl111~"""__ MM CUL-2 MM CUL-3 preserved or protected in place even if it is determined they bad bistorical significance, If they are determined to be significant, the developer sball retain a qualified bistorian to document the resource cbaracteristics for arcbival purposes prior to demolition. The historian will prepare a report and submit it to the appropriate infonnation center for their records, The developer sbal1 retain a qualified arcbaeo1ogist to monitor grading to the satisfaction of the staffs of the County Museum and City Development Services Department. If potentially significant archaeological or bistoric resources are encountered during subsurface activities, all construction within a 100-foot radius of the find sball cease until the monitor determines wbether the resource requires fw1her study. The developer shall include a standard inadvertent discoveIY clause in every construction contract to inform contractors of this requirement. Any previously undiscovered resources found during construction sball be recorded on appropriate DPR forms and evaluated for significance in terms of CEQA criteria by a qualified archaeologist. Potentially significant culturaI resources consist of, but are not limited to, glass, ceramics, stone, bone, wood, rock and shell artifacts or features, including hearths, stroctura1 remains, or pre-bistoric dumpsites, If the resource is determined to be significant under CEQA, a qualified archaeologist shall prepare and implement a researcb design and archaeological data recoveIY plan, if necessary. The archaeologist shall also perform appropriate technical analyses, prepare a full written report and file it with the appropriate information center, and provide for pennanent curation of the recovered resources. Prior to the start of excavation, a qualified paleontological monitor will be retained to conduct an oosite monitoring program to ensure protection of previously unknown paleontological specimens, In the event a fossil is discovered during construction of the Proposed Project when the paleontological monitor is not present, excavation within 100 feet of the find shall be temporarily baited until the discoveIY is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The developer shall include a standard inadvertent discoveIY clause in every construction contract to inform contractors of this requirement, Tbe paleontologist sbal1 notifY the City of the procedures that must be followed before construction is allowed to resume at the location of the fmd. If the find is determined to be significant and the Paleontologist determines that avoidance is not feasible, the paleontologist shall design and carry out a data recoveIY plan consistent with the Society of Vertebrate Paleontology standards. The plan shall be submitted to the City for review and approval, Upon approval, the plan shall be incorporated into the project. The Paleontologist sball also perform appropriate technical analyses, prepare a full written report and file it with the appropriate information center, and provide for permanent curation of any recovered resources, Packet Page. 838 En"'_ F/tIdInfIS of Feet UnJvenlty HIlla Spec:IfIc Plett EIR Rndlng ~"..,.. PDtenIIIIIIy SIgnIffcent EII'ecCs IIIIIt haw been "',,-"".1110 Below. IAoIeI of ~1IfIcan". willi 1M Adapffaft of IfIIJs..,.lIoW1 ........... MM CUL-4 Ifhuman remains are encountered during earth-disturbing activities for the Proposed Project, all work within 100 feet of the find shan stop immediately and the San Bernardino County Coroner's office shall be notified, If the Coroner detennines the remains are Native American in origin, the NAHC will be notified and, in turn, will notifY the person determined to be the Most Likely Descendent (MLD). The MLD will provide recommendations for treatment of the remains (CEQA Guidelines 15064.5; Health and Safety Code ~ 7050.5; Public Resources Code ~~ 5097,94 and 5097,98). 3.3 - Geology and Soils 3.3.1 - Potentially Significant Impact Because the project is located in a seismically active region, the impacts in regard to geology and soil are considered potentially significant. California has stringent permitting and building design standards designed to minimize the adverse impacts in the event of an earthquake. However, the Project may be damaged by seiche flows, soil erosion or topsoil loss, unstable geologic units, and expansive soils. 3.3.2 - FInding With consideration of the above infonnation and the implementation of mitigation measure GE0-1a, GEO-1b, GEO-3a, and GE0-3b, the project's impacts to Geology and Soils are found to be less than significant. 3.3.3 - Facta in Support of FindIng The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM GEO-1a Prior to the recordation of any map in the area north of the South Branch of the San Andreas Fault (planning Area 15), detailed geologic investigations shall be prepared to detennine slope stability, landslide limits, and specific structura1 and grading requirements to identifY the most appropriate design and construction requirements for specific building foundations. This study must demonstrate that any residences to be built in this area will not be subject to landslides, or that risks associated with any landslide features or conditions can be alleviated or reduced to a level equivalent to that of other residential planning areas in the project. This measure shall be implemented to the satisfaction of the City Planner in consultation with the City Geologist or qualified geotechnical personnel retained by the City, MM GEO-1 b Prior to the recordation of any tract map in the area north of the South Branch of the San Andreas Fault (Planning Area 15), the developer must demonstrate that the reservoir in Planning Area 22 will have no impact on any homes in Planning Area 15 Packet Page. 839 FlndInfIa ofFoJct um-.IIy HIla SpecIIfc Plan SR FInding R."enIIng ~ SIooll/lcant ~ u". ,..., lIIIJ:.-t..4I1l1_. UveI of SIglIllkM". AdGpIIon oflfll%o-.....- MM GEO-3a MM GE0-3b from a seiche event that could occur from strong seismic ground shaking. The reservoir must be designed to withstand anticipated seismic shaking, and must be dyked or otherwise protected so as to protect downstream homes from seiche flow damage. Prior to the commencement of grading activities, the applicant shall retain a qualified geotechnical consultant to test any areas planned for development that are underlain by existing imported fill soils to determine their in situ compaction and suitability for excavation and reuse as engineered fill. Soil testing can be avoided if the applicant elects to remove the fill and place it either in areas where it will not support buildings, be located in paved or landscaped areas, or be disposed of offsite, This measure shall be implemented to the satisfaction of the City Geologist. The developer shall implement the grading recommendations identified in the GeoMat 2007 and the CHJ 2006 reports, Prior to the commencement of building construction, the applicant shall retain a qualified engineer to design foundations adequate to support the Proposed Project's structures where necessary, based on the recommendations of the GeoMat 2007 study. Settlement analysis shall be performed once the structural design loads and foundation system geometJy have been defined for each building, 3.4 - Hazards and Hazardous Materials 3.4.1 - Potentially SIgnificant Impact The drainage protection and planned improvements of the project do not rely on any USFS facilities or improvements to protect the site. In addition, a post-disaster recovery plan will be incorporated into the Specific Plan and the following mitigation measure is being added to address this concern raised by the City Planning Commission, 3.4.2 - Finding With consideration of the above information and the implementation of mitigation measure HAZ-1, the project's impacts to hazards and hazardous material are found to be less than significant. 3.4.3 - Facts In Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM HAZ-1 Prior to issuance of occupancy permits, the developer shall prepare a Post-FirelFlood Recovery Plan for review and approval by the City. As appropriate, this plan shall incorporate planning guidelines from the Alluvial Fan Task Force (AFTF) established by the California Department of Water Resources (DWR). The plan will Packet Page. 840 EnIlllunlnMlW ~ oIFact UIII-.Hy HIlla $fMdIIc ,.,." ElR RndIIIfI R.".,..,." ~ SIgnIIIant-- eM II/IIf,oIWIo Below. LenI oI~ wIfh the AdoptIon of .1Iit-IM ......".. identifY the potential risks to project residents from various natural hazards from being located in the fire-prone foothills and adjacent to a large natural waterway Badger Creek). The plan will outline measures to be implemented after major fires or floods that will help protect future project residents to the degree practical. When approved, this plan shall be incorporated into the Specific Plan. 3.5 - Hydrology and Water Quality 3.5.1 - Po18ntlally Significant Impact Implementation of the project has the potential to adversely impact water quality and groundwater. Mitigation is required to offset any impacts to waters quality and groundwater. 3.5.2 - Finding With consideration of the above infonnation and the implementation of mitigation measures HYD-1a, HYD-1 b, HYD-2a, HYD-2b, and HYD-S, the project's impacts to water quality and groundwater are found to be less than significant after mitigation, 3.5.3 - Facta In Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitigation measures, as identified in the Final EIR: MM HYD-1a Prior to the issuance of grading permits for any portion or phase of the project, the project applicant shall receive City approval SWPPP and Grading Plan to the City of San Bernardino that identifY specific actions and BMPs to prevent stonnwater pollution from construction sources. These BMPs shall be consistent with the Conceptual Water Quality Management Plan prepared for the project by PBS&] Engineers (see OElR Appendix G). The plans shall identifY a practical sequence for site restoration, BMP implementation, contingency measures, responsible parties, and agency contacts. The applicant shall include conditions in construction contracts requiring the plans to be implemented and shall have the ability to enforce the requirement through fmes and other penalties. The plans shall incorporate control measures in the following categories: Soil stabilization practices; Dewatering practices (if necessary); Sediment and runoff control practices; Monitoring protocols; and Waste management and disposal control practices, Once approved by the City, the applicant's contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting, and maintaining the control measures included in the SWPPP and Grading Plan, Packet Page. 841 En"""""-'" RndI,.". 01 FIlet UnIvwdy HIlla SpecIfIc Plan ElR FIndItrt1 RIJlMd.IfI "-',.", S/gfI/flcMt E/IlocIs fINJt haw .....1II1Ipted ID ___. t..v8I 01 SIgnIIIance the AdGp/Ion 0I111f1pf1on ......... MM HYD-1b MM HYD.2a Each SWPPP shall identify pollutant sources that could affect the quality of stonnwater discharges from the construction site. Control practices shall include those that effectively treat target pollutants in stonnwater discharges anticipated from project construction sites. To protect receiving water quality, the SWPPP shall include, but is not limited to, the following elements: Temporary erosion control measures (such as fiber rolls, staked straw bales, detention basins, temporary inlet protection, check dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover) shall be employed for disturbed areas, No disturbed surfaces will be left without erosion control measures in place during the winter and spring months (September 30 - March 30), Sediment shall be retained onsite by a system of sediment basins, traps, or other appropriate measures. Of critical importance is the protection of existing catch basins that eventually drain to Cajon Creek. The construction contractor shall prepare Standard Operating Procedures for the handling of hazardous materials on the construction site to eliminate or reduce discharge of materials to stonn drains, BMPs performance and effectiveness sha1l be determined either by visual means where applicable (i,e., observation of above-nonnal sediment release), or by actual water sampling in cases where verification of contaminant reduction or elimination, (inadvertent petroleum release) is required to determine adequacy of the measure. Native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance. Landscaping Maullgement Plan. The developer shall develop and implement a Landscaping Management Plan (LMP) for landscaped areas with the goal of reducing potential discharge of herbicides, pesticides, fertilizers, and other contaminants to local waterways, All contractors involved in project-related landscaping conducted during the individual pbases of development, as well as maintenance oflandscaping following project completion, shall complete their work in strict compliance with the LMP. The applicant shall be responsible for ensuring that requirements of the LMP are provided to and instituted by future project land owners and managers following project completion. The LMP shall be prepared by a licensed landscape architecture fmu with experience in methods to reduce or eliminate the use oflandscape chemicals that could cause adverse effects to the environment. At a minimum, this LMP shall: Packet Page. 842 I En"""""""'''' RndllIfIS of"-ct UnIvwsIty Hilla SpecIfIc ",." EIR RndIng R,pnIng Pofwr1IMIy SIgnII/<:anf EIIKW that have "-ifill. IW ID __. '-- ofSlgnHlcance wIfh IIIe Adop/IDn 01111........' ......... Require that pesticides and fertilizers not be applied in excessive quantities, and only applied at times when rain is not expected for at least 2 weeks, in an effort to minimize leaching and runoff into the stonn drainage system, 2. Encourage the use of organic fertilizers and mulching of landscaped areas to inhibit weed growth and reduce water demands, 3, Utilize native, perennial, drought-tolerant vegetation to minimize irrigation needs. 4. Specify the maintenance measures to be used (e.g" mowing) and will specify an application schedule for all fertilizer amendments and pesticide applications, 5. Identify a list of preferred herbicides and pesticides and instances in which their use would be appropriate and the associated application rate. MM HYD-2b Water QuaUty MalntenaDc:e Reports. The UHSP project shall fonn a Landscaping and Lighting Maintenance District (LLMD) to monitor water quality and provide regular reports to the City regarding water quality on the project site. A qualified professional shall be retained through the LLMD to prepare and provide annual documentation to the City Engineer that the onsite BMPs (i.e., water quality devices, improvements, and procedures) are functioning as planned to effectively protect water quality both onsite and on downstream uses/drainages. This includes the function and condition of bioswales, street sweeping, etc. These reports shall be made to the satisfaction of the City Engineer in consultation with the RWQCB if necessary, If a report indicates water quality objectives are not being met and/or the RWQCB has expressed concerns in this regard, the LLMD will take appropriate steps and/or make appropriate improvements to achieve these objectives, to the satisfaction of the City Engineer, MM HYD-6 Prior to approval of any final maps, the developer shall submit drainage plans to the City Public Works Department for review and approval. The City shall review and approve all storm drain improvement plans prior to issuance of any encroachment or building pennits that involve flood control facilities, 3.8 - Land use 3.8.1 - Potentially Significant Impact Planning Area 24, which is the only planning area adjacent to USFS land, is proposed as pennanent open space that will be a "land laboratory" for the California State University San Bernardino CSUSB) campus, The Project developer is requested to work with the City and United States Forestry Service staff to install signage at appropriate locations clearly identifying the USFS Packet Page. 843 11 Enlllronmenflll FIrKIIngs of F..:t Unlvwsfty HI" SpecHIc Plan EIR RtKlng ~ F-.tIaIIy SIg/IHICIJnt EII'ecls III haw ......1IItIir<..d 10 Below. '-- of SiflJrIIIance with the AdoptIon 01 "'~I __ boundmy adjacent to the Proposed Project site, especially where any fU'e road or trails enter USFS property from the University Hills site, 3.6.2 - Finding With consideration of the above infonnation and the implementation of mitigation measure LU-1, the project's impacts to hazards and hazardous material are found to be less than significant. 3.6.3 - Facts In Support of FindIng The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM LU-1 Prior to issuance of any occupancy permits, the developer shall coordinate with City, CSUSB, and USFS staffs to identifY necessary access points and appropriate locations for such signage to clearly identify the USFS boundmy along the perimeter of the University Hills property (i.e., Planning Area 24). Such signage will be placed at strategic locations, including any road or trai1 access points, to the satisfaction of the City in consultation with CSUSB and USFS staffs. 3.7 - Nol.e 3.7.1 - Potentially Significant Impact Implementation of the project has the potential to adversely impact sensitive receptors from short- term construction activities and temporary or periodic increase in ambient noise levels. Mitigation is required to offset any impacts to noise and sensitive receptors. 3.7.2 - Finding With consideration of the above infonnation and the implementation of mitigation measures NOI-1 through NOI-I i, the project's impacts to noise are found to be less than significant. 3.7.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitigation measures, as identified in the Final EIR: MM NOM.At the time the grading pennit application is submitted, the project applicant shall submit a Construction Noise Mitigation Plan to the City for review and approval. The plan shall depict the location of staging areas for construction equipment and describe how noise would be mitigated for any nearby sensitive receptors.. MM NOI-1b Stationary noise-generating equipment (such as pumps and generators) will be located as far as possible from nearby noise-sensitive receptors (i.e., homes south of j Packet Page. 844 Envl,.."".,W RndIt1f18 at Fact Un~ Hills SpecIIIc Plan E1R Rndlng RepnI1ng PoIMtIaIIy Slgn/llcMI E/I'ecflI that """" -1II1lIt,.dW to Below. ~ of SIgn/IIcMa lINJ Adopf/on of 111....._ ......... MM NOl-1e MM NOI-id MM NOI-ie MM NOt-if MM NOI-ig MM NOI-ih MM NOI-il PA 16-20) and no closer than 200 feet from any existing home within the Proposed Project site once occupancy has begun. Noise-generating equipment will be shielded from nearby noise-sensitive receptors by noise-attenuating buffers such as structures or haul truck trailers, Onsite noise sources located less than 600 feet from noise-sensitive receptors will be equipped with noise-reducing engine bousings. Portable acoustic barriers able to attenuate at least 6 dB will be placed around noise- generating equipment in the "East Village" portion of the project site, Water tanks and equipment storage, staging, and warm-up areas will be located as far from noise-sensitive receptors as possible, and at least 200 feet from any existing borne within the Proposed Project site once occupancy has begun. All construction equipment shall utilize noise reduction features (e,g., muftlers and engine shrouds) that are no less effective than those originally installed by the manufacturer. No construction equipment shall be allowed to idle for more than 5 minutes if it is within 100 feet of an existing house, Prior to approval of any subsequent tentative tract maps, the developer shall submit noise studies as appropriate for any residences within the project to assure that exterior and interior noise levels meet City noise standards based on actual final floor elevations, actual roadway cross sections and elevations, onsite topography after grading, etc. Walls or other attenuating improvements shall be installed as needed based on the results of these studies to assure onsite residences meet the City's noise regulations, Packet Page. 845 En."."",."", FIrHI/nt1S of FKt UnIYwslly HIlls SpecJ1fc ,.,., EIR R~~_~Slgn/lfcMtEIIKIs haw _11114. !wI III Below. ....., of Sll/llllflCMce flJaAdaptIonofJIHI:. ...._ 3.8 - Public Services 3.8.1 - Potentially Significant Impact Implementation of the project has the potential to adversely impact library services, Mitigation is required to offset any impacts to library services. 3.8.2 - Finding With consideration of the above information and the implementation of mitigation PSR-4a and PSR- 4b, the project's impacts to libnuy services are found to be less than significant. 3.8.3 - Facts In Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitigation measures, as identified in the Final EIR: MM PSR....Prior to issuance of the first building permit for the project, the developer shall contact the City Library Director in writing and offer to provide up 2,000 square feet of building space in the clubhouse (plus parking), for a future satellite library facility, The developer shall provide the City Planning Department with written confirmation whether or not the Library Director chooses to locate a library facility on the Specific Plan property, based on the needs of the Department at that time relative to staffing and facilities. MM PSR-4b Prior to issuance of the first building permft for the project, the developer shall demonstrate that the project can be connected via the internet to City library and other information technology systems, This may involve wireless or hard-wired connections, dapending on the City's requirements at the time of hookup, 3.9 - Utilities 3.9.1 - Potentially Significant Impact Implementation of the project has the potential to adversely impact solid waste capacity. Mitigation is required to offset any impacts to solid waste capacity. 3.9.2 - Finding With consideration of the above information and the implementation of mitigation measures US-4a and US-4b, the project's impacts to solid wast are found to be less than significant 3.9.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitigation measures, as identified in the Final EIR: Packet Page. 846 En_fill RndI"fIII ofFect Un~H/IIa SpecHfc Plan EIR RndIIIfI Rllllr1fng PoIJtnflally Slgn/ffcllnt ~ IWIo~. L.w ofStt,.""*_ wIfh fheMopl/otl of~....... MM US4 Prior to the issuance of building pennits, the applicant shall submit a Construction Debris Recycling Plan to the City of San Bernardino identifying the procedures by which construction and demolition would be salvaged and recycled to the maximum extent feasible. The plan shall include proof that a construction and demolition debris recycler is under contract to the applicant to perfonn this work, This Plan shall achieve at least a 50 percent reduction in construction waste, to the satisfaction of the City Planner, MM US-4b Prior to the issuance of occupancy pennits, the developer shall provide the City with written assurance that all project residents will be provided with infonnation on City and County waste reduction and disposal activities, This infonnation may be provided by the developer or home owners association (HOA) as appropriate. This measure shall be implemented to the satisfaction of the City Planner. 3.10 - Cumulative Impacts Potentially Significant Impact The Proposed Project may have the potential to have cumulative impacts within three (3) miles of the project site. Finding With consideration of the above information, implementation of project specific mitiglltion measures was found to reduce impacts fiom the cumulative projects to less than significant levels, Therefore, no additional mitiglltion is needed other than project level mitigation measures, Facts In Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitiglltion measures, as identified in the Final EIR: 3.10.1 - Global Climate Change Potentially Significant Impact The Project may have potential impact to contribute to global green house gasses and global climate change, Finding With consideration of the above information and the implementation of mitigation measure A1R-9a and A1R-9b, the project's direct or indirect contribution to greenhouse gas emissions will be reduced to less than significant levels. Packet Page. 847 Enlll_tIII FItJd/nfIs ofFer:t Un/vwslly Hilla Spec///c ",." EIR RndI"II ~ FIoIWI-,. SlQn/llC8nt~ tltathlNebeM.B_ T~fo8elaw.LlWfllot_~ wIfh 1M Adop/IoII of II/IIeIIIIOd ......".. Fac1B In Support of FindIng The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM AIR'"Areas and/or facilities to encourage recycling shall be provided and installed in all MDA and A (attached) residential areas (planning Areas 5, 6, 8-11, 13, 14, 16, '8, and 20) and in the clubhouse (planning Area 7) consistent with City requirements. MM AlR-8b To increase energy efficiency, the following measures shall be implemented to the satisfaction of the City of San Bernardino: a) there shall be a minimum 10 percent reduction in all buildings, combined space heating, cooling, and water heating energy compared to the current Title 24 Standards; b) the project shall incorporate light roof colors and cool pavements in the residential driveway areas; c) each appliance (i,e" washer/dryers, refrigerators, stoves, etc.) provided by the builder must be Energy Star qualified if an Energy Star designation is applicable for that appliance; d) low-flow appliances (i.e., toilets, dishwashers, shower heads, washing machines) shall be installed and; e) solar powered water heaters and photovo1taic cells (solar panels) shall be offered to homebuyers as an option. Packet Page. 848 En"""""."., FlndIn(Ja 01 FIIct SpecIIfc Plan EIR Flnclng RiIgIItcIng Impecfa not IIIIIgMed III Below. '-- oISi...~ f';,1' , I t.t"" . ,~i'~t~~~ .-; vl . . < I; ~ ~ l~--'&""'T~ 11M OWny'~'"""'~,'!l!:~ A' S~,,-(,-:_:-::~, :~'_-;;' ~"-:::':"'~ .,'(:-: :;;.'-?c.~~; ;--;:;:,?t:--Jt'~'_:'-X(:3,;:~S(Y:<:5-;-:-~>'T<':: :::-'.,:. ..::< CEQA Guidelines Section 15126,2(a)(b) requires an Final EIR to identify and focus on the significant environmental effects of the Proposed Project, including effects that cannot be avoided if the Proposed Project were implemented, This section describes significant impacts, including those that can be mitigated but not reduced to a less than significant level. Where there are impacts that cannot be alleviated without imposing a project a1temative, the EIR implications, and the reason why the project is being proposed, notwithstanding the Final EIR effect, are described. With implementation of the proposed mitigation measures, the Project will not create any significant environmental impacts. 4.1 - Air Quality 4.1.1 . Potentially Significant Impact Implementation of the project has the potential to adversely impact air quality and existing emissions of greenhouse gases. In addition the Proposed Project has the potential to adversely impact PM!o and PM2.s levels, and may exceed SCAQMD localized daily thresholds. Other potentially significant impact can occur over the short-term duration of the Proposed Project (i.e., during construction), 4.1.2. Finding With consideration of the above information and even with the implementation of mitigation measures AIR-I a through AIR-1g, and AIR-3a through AIR-3d, the project's impacts to air quality criteria pollutants are found to be significant and unavoidable, 4.1.3. Facts In Support of Finding After the implementation of the identified mitigation measures, emissions of volatile organic compounds (VOC), nitrogen oxides (ND,J, carbon monoxide (CO), su1fiu oxides (SO,.), and particulate matter 2.5 (PM2.5) will continue to exceed the South Coast Air Quality Management Plan's (SCAQMD) regional emission significance thresholds during construction and VOC, NOx" and CO during operations and, thus, are considered significant and unavoidable impacts. MM A1R-1a Prior to construction of the proposed improvements, the project proponent will provide a Fugitive Dust Control Plan (FDCP) that will describe the application of standard best management practices to control dust during construction. Best management practices will include: Application of water on disturbed soils a minimum of two times per day; Using track-out prevention devices at construction site access points; Stabilizing construction area exit points; Limiting onsite construction traffic to 15 miles per hour on unpaved roads; Limiting onsite construction traffic to 25 miles per hour on paved roads; Packet Page. 849 l1li FlndInga 0IF8t:t IJnIvWslly HJb SpecIfIc""" BR MM AlR-ib MM AlR-ic MM AlR-id MM AIR-i. MM AIR-if MM AlR-ig FlndInt1~~not II/IJgafed fD Below. '-- 01 Slpdllcence Paving or providing a hard surface for onsite roads to reduce fugitive dust; Covering dirt haul vehicles; and Replanting disturbed areas as soon as practical and other measures, as deemed appropriate to the site, to control fugitive dust, The Fugitive Dust Control Plan shall be submitted to the City for review and approval prior to grading. Prior to construction of the proposed improvements, a Construction Traffic Control Plan (CTCP) will be reviewed and approved by the City. The CTCP will describe in detail safe detours around the project construction site and provide temponuy traffic control (Le" flag person) during construction related truck hauling activities. During construction of the proposed improvements, construction equipment shall be properly maintained at an offsite location, including proper tuning and timing of engines, Equipment maintenance records and equipment design specification data sheets shall be kept on-site during construction. During construction of the proposed improvements, all contractors wiu be advised not to idle construction equipment on the site for more than five minutes. During construction of the proposed improvements, onsite electrical hook ups shall be provided for electric construction tools including saws, drills and compressors, to eliminate the need for diesel powered electric generators. Onsite grading equipment will comply with one or more of the following: Use of onsite grading and construction equipment equipped with oxidized diesel catalyst and fueled with aqueous diesel fuel during grading and construction operations with a reduced equipment fleet or hours of operation totaling a maximum of 17,000 horsepower hours per day; Use of onsite grading and construction equipment equipped with oxidized diesel catalyst with a reduced equipment fleet or hours of operation totaling a maximum of 14,000 horsepower hours per day; Use of onsite grading and construction equipment fueled with aqueous diesel fuel during grading and construction operations with a reduced equipment fleet or hours of operation totaling a maximum of 13,000 horsepower hours per day; and Reduce the grading and construction equipment fleet or hours of operation to a maximum total of 10,000 horsepower hours per day, Implementation of the Short- Tenn Air Quality Mitigation Measures shall be documented in an Air Quality Mitigation Implementation Plan, This plan will detail each mitigation measure and include daily logs documenting implementation of each Packet Page. 850 En"'''''''''''''''' FIndInga of Feet HIlla SpecHfc Pfen ElR RndI"II Reg8Id"ll1mpects not to _.1.fIIIeI ofSlflnIlk:8nce mitigation measure. Daily logs for each piece of construction equipment will include the hours per day the equipment ran. A master daily log will document the hours of operation all equipment ran each day, The master daily log will also document timing and tuning of equipment, the type of fuel used on construction equipment, and any add-on emissions reduction equipment used such as oxidized diesel catalysts, MM A1R-3lI The project proponent shall install bicycle racks at the clubhouse, MDA and A attached) housing areas (Planning Areas 6,8-11, 13, 14, 16, 18, and 20), and all park sites to encourage non-vehicular trips within the project, MM A1R-3b The project design shall include signs posted in visible places in any truck parking areas that state, ''No Idling," MM A1R-3c The project proponent will coordinate with CSUSB to install improvements that will support future shuttle transit service for project residents, including bus turnouts, bus shelterslbenches, street lighting, and safe ingress/egress between the designated bus stop and adjacent uses. The developer will install identified improvements when the applicable road is constructed. , MM A1R-3d Provide onsite infonnation for clubhouse employees regarding local car pools, bus schedules and shuttle services in the area that service the project site, including maps showing the routes of transit services and employee carpool destinations. 4.2 - Population and Housing and SCAG Conslst8ncy 4.2.1 . Potentially Significant Impact Implementation of the project has the potential to induce population growth beyond the SCAG local and regional forecasts, 4.2.2 - Finding With consideration of the above infonnation, implementation of the Proposed Project will cause the SCAG Consistency and regional growth to be significant and unavoidable. 4.2.3. Facts In Support of Finding Although forecasted population growth in San Bernardino for 2010 is projected to exceed the SCAG projections, the proposed UHSP project would significantly exacerbate this condition by adding an additional 476 units (980 - 504) or 12 percent of growth. SCAG population numbers are the basis for other regional plans (e.g., regional housing allocation strategies), and population growth in excess of the forecast represents a significant growth inducement impact. No mitigation is available to reduce this impact to a less than significant level; therefore, growth inducement beyond the SCAG local and regional forecasts is a significant unavoidable impact of the Proposed Project, Furthennore, the Proposed Project is generally consistent with the policies of the City's general Plan, except for the provision of employment in a housing rich sub-region. The Draft EIR concluded that Packet Page. 851 En_,., FIndIngs of FIlet Un~_ SpecIIfcl'tan EIR FI".. RegenIng /mpIIcts not Mlfleal>ed II> Below. UtnJI of S/fInIIINnce these inconsistencies mean the project will have a significant impact relative to growth inducement and minor inconsistencies with regional growth policies and there is no feasible mitigation available to eliminate this impact, 4.3 - Transportation 4.3.1 - Potentially Significant Impact Implementation of the project has the potential to create operations at intersections to degrade to unacceptable levels without planned improvements in the opening year, In addition, five intersections are expected to operate at unacceptable levels of service by 2030. With mitigation measures TRANS- 1, TRANS-2, and TRANS-8, impacts to intersections will be less than significant, However, impacts to freeway operations are significant and unavoidable, 4.3.2 - Finding With consideration of the above infonnatiOD, implementation of the Proposed Project will cause freeway operations to be significant and unavoidable. 4.3.3 - Facts in Support of Finding MM TRANS-1 Prior to the issuance of the flTSt building permit, the developer shall install or provide fair share payments to the City to install improvements referred to in Table 5 in the TIA (KA 2008).). Iffair share payments are not paid prior to issuance of the first building permits, the UHSP will be required to install improvements, and be reimbursed by the City upon completion. . Improvements include: Traffic signal at Northpark Boulevard and Campus Parkway; Cross Street Stop at Little Mountain Drive and Project Access; Add two (2) 1eft- turn lanes on northbound leg of University Parkway at Northpark Boulevard; Add two (2) 1eft- turn lane on northbound 1-215 Freeway ramp; Add a left-turn lane on the northbound leg of Little Mountain Drive at Project Access; Add a right-turn lane on the northbound leg of Little Mountain Drive at Project Access; Add a left-turn lane on the southbound leg of Northpark Boulevard at Campus Parkway; Add a through lane to the eastbound leg of Little Mountain Drive at Project Access; Add a right-turn-over1ap to the eastbound leg of University Parkway at Northpark Boulevard; Add a right-turn lane to the eastbound leg of Little Mountain Drive at Project Access; Packet Page. 852 En_ RndItogs of,..." UnWwslly Hils SpecIIIc ",." EIR RndlrtgR,,"'1lfI1g"""""'_ M/tlf1ItIed 10 _. LeIIwI of~ Add a left-turn lane to the westbound leg of North park boulevard at Campuss Parkway; Ad~ three (3) left-turn lanes to the westbound leg of University Parkway at Notthpark Boulevard; Add a left turn lane to the westbound leg of Little Mounntain Drive at Project Access; Add a through lane to the westbound leg of Northpark Boulevard and Campus Parkway; and Add a through lane to the westbound leg of Little Mountain Drive atProject Access; Add a right-turn lane to the westbound leg of University Parkway at Northpark Boulevard. To implement this measure, a right- turn lane can be striped or unstriped, but to function as a right- turn lane, there must be sufficient width for right- turn vehicles to travel outside the through lanes. The TIA for this project estimated that the fair share cost for these improvements would be just over 4.1 miIlion as of when the TIA was prepared (July 2, 2008). Exhibit 4.12-3 iIlustrates the proposed improvements that the project will need to implement. With construction of these improvements, LOS at local intersections will meet the City's General Plan thresholds. MM TRAMS-2 Prior to the issuance of the 600111 building pennit, the developer sha11 install or provide fair share payments to the City for installation of improvements refeJTed to in Table 8 in the TIA (KA 2008).). If fair share payments are not paid prior to the issuance of the 600111 building permit, the UHSP wiIl be required to install improvements, and be reimbursed by the City upon completion. Improvements include: Cross street stop at Campus Parkway at 1-215 Freeway northbound ramp; Cross street stop at Campus Parkway at 1-215 Freeway southbound ramp; Add a thorough lane on northbound leg of campus Parkway and Kendall Drive; Add a thorough lane on the northbound leg of campus Parkway and at 1-215 Freeway northbound ramp; Add a thorough lane onnorthbound leg of campus Parkway and at 1-215 Freeway southbound ramp; Add a right-turn lane onnorthbound leg of University Parkway at Kendall Drive; Add a right-turn lane on the northbound leg of University Parkway at 1-215 Freeway southbound ramp; Add a left-turn lane on the southbound leg of Campus Parkway at 1-215 Freeway southbound ramp; Packet Page. 853 EnvltDmnental FInd... of Feet IJnIveIWty HIlla SpecIfIc Plan EIR Flndllfl R Iii .,p'l1 /mpecIs not III11pled to 8eIow. L.w of Slf/nlffance Add a thorough lane on the southbound leg of Campus Parkway at Kendall Drive; Add a thorough lane on the southbound leg of Campus Parkway at 1-215 Freeway northbound ramp; Add a thorough lane on the southbound leg of Campus Parkway at 1-215 Freeway southbound ramp; Add a right-turn lane on the southbound leg of University Parkway at 1-215 Freeway northbound ramp; Add a right-turn lane on the eastbound leg of University Parkway at 1-215 Freeway northbound ramp; Add a left-turn lane on the eastbound leg of Campus Parkway at Kendall Drive; Add a left-turn lane on the eastbound leg of Campus Parkway at 1-215 Freeway northbound ramp; Add a right-turn lane on the westbound leg of Campus Parkway at 1-215 Freeway northbound ramp. To implement this measure, a right- turn lane can be striped or unstriped, but to function as a right- turn lane, there must be sufficient width for right-turn vehicles to travel outside the through lanes. As shown in Table 4.12-6, all intersections would meet the City's General Plan thresholds with improvements by 2030 after the implementation of the improvements outlined in Measure MM-- TRAN8-2. MM T~ Prior to the commencement of construction, the developer shall provide a Construction Traffic, Staging, and Parking Management Plan to the City of San Bernardino for review and approval. All construction contracts sha1l include a clause requiring compliance with the Construction Traffic, Staging, and Parking Management Plan and the developer shall be able to enforce the provisions of the plan through penalties, up to and including, termination of the contract. The plan shall include the following provisions: Construction truck traffic shall be limited to the following designated routes: Campus Parkway from the site and west ofNorthpmk Boulevard to Kendall Drive, and Kendall Drive from Campus Parkway to Palm Avenue, Construction truck traffic shall be prohibited on all other roadways, unless compelling circumstances warrant such movements (e.g., a major traffic accident). Signage shall be installed at construction truck ingress and egress points alerting motorists to such movements. Soil, debris, or other loose materials shall be covered with tarps or other restraining material during haul movements on roadways Packet Page. 854 En_ FIndInga ofFect Un/vwwlly Hills SpecIfIc ,.,." EIR Rn<<ng RIll dltg /mpacIa not fIIJCed 10 Below alAll-' of Slgnllfcanca On-site and off-site construction staging and parking locations shall be identified, as weU as any necessary. shuttle service needed to transport workers from off-site locations, For safety reasons, off-site staging or parking shall not be allowed west of North park Boulevard or on the CSUSBCal State San Bernardino campus. A pre-construction conference shall be held advising all construction contractors of the requirements of the Construction Traffic, Staging, and Parking Management Plan. 4.4 - Cumulative 4.4.1 - PotentiaUy Significant Impact The Proposed Project may have the potential to create cumulative impacts within three (3) miles of the project site. Areas that have a cumulative impact by the Proposed Project that are significant and unavoidable are listed and defined below, Air Quality The analysis area for evaluation of cumu1ative impacts to air quality includes the South Coast Air Basin (SCAB), which is identical to the boundaries of the SCAQMD. The SCAB includes the counties of Orange, Los Angeles, Imperial, and Ventura, Riverside, and San Bernardino (including the City of San Bernardino), Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan, Within the project region, and the SCAB, approved and additional development will result in additional excavation activities and further intensification of land use, which could potentially lead to impacts to air quality in the area. Within the City of San Bernardino, the total residential units will increase from 59,146 units at present to 82,714 units at buildout 23,568 units or I.S percent average annual growth). Construction and operation of these additional land uses would emit substantial quantities of criteria pollutants that would likely exceed SCAQMD's daily significance thresholds. Potentially significant impacts were not found for exposure of construction workers or the public to substantial amounts of toxic air pollutants, creation of carbon monoxide bot spots that would exceed federal or State concentration standards, exposure of sensitive receptors to substantial pollutant concentrations, or generation of objectionable odors that would affect a substantial number of people, Significant, unavoidable impacts were found concerning construction and operational emissions that exceed SCQMD thresholds, inconsistency with the projections contained in the Air Quality Management Plan, and emissions representing only an incremental contribution of global greenhouse gases, The Proposed Project would develop 980 residential units in this vacant outlying area of the City. This represents 4,2 percent of the growth expected in the City from now until buildout. When taken into account with all residential and commercial buildout anticipated in the General Plan, the Proposed Project would result in a significant cumulative effect. Therefore, this effect would be Packet Page. 855 EnvlTol_W F/ndInfp ofFect Un~_ SpecIffc""" EIR FItJdIIfI~~not MII1gaIH '" ___. u..I of SIgn/lfcence cumulatively considerable without mitigation applied, since the effect of this project by itself is a potentially significant impact. However, according to the City of San Bernardino General Plan Environmental Impact Report (2005 ElR), air quality would be significant after buildout during long tenn and short term construction, and contributing to cumulatively considerable net increase of criteria pollutants for which the project region is in a state of non-attainment. Therefore, project-level emissions would be cumulatively significant and unavoidable due to the City's significant and unavoidable buildout projections for regional air quality. Mitigation in the fonn of extensive air pollution control measures is proposed, but it would not reduce project construction and operation emissions below SCQMD thresholds; however, it would prevent project greenhouse gas emissions from being cumulatively considerable. Transportation The analysis area for evaluation of cumulative impacts to transportation includes the University District subarea identified in the San Bernardino General Plan, as well as the City as a whole. The Traffic Impact Analysis analyzed the traffic impacts of the Proposed Project and looked at traffic impacts at opening year and at buildout of the project. Project-level traffic impacts are found in several intersections that would exceed the General Plan threshold of LOS C at peak hour, and, will therefore have a significant impact. N addition, significant impacts are related to cumulative traffic and congestion on the 1-215 Freeway in the vicinity of the Proposed Project. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Within the University District subarea, approved and additional development will result in additional excavation activities and further intensification of land use that could potentially impact transportation in San Bernardino. Furthermore, the Proposed Project will contribute to cumulatively considerable traffic impacts even with implementation of all feasible project specific mitigation. A number of roadway improvements would be implemented in conjunction with the Proposed Project that would help reduce cumulative traffic impacts. Potentia11y significant impacts were not found concerning the creation of inadequate access for emergency services or conflicts with the General Plan. Potentially significant impacts were found for congestion during peak hours along this portion of the 1-215 Freeway, When taken into account with all residential and commercial buildout anticipated in the General Plan, the Proposed Project would result in a significant cumulative effect on area traffic. Therefore, this effect would be cumulatively considerable without mitigation applied, since the effect of this project by itself is a potentially significant impact. Wilh implementation of project mitigation measures MM TRANS-1 through MM TRANS-8, project impacts will not make substantial contributions to cumulatively considerable degradation of intersection performance but will contribute to ongoing freeway congestion. Packet Page. 856 En"'_1aI FIrodItIp of Feet lInl...ny HIlla SpecI/fc Plan EIR RndltI/II ~"''11 /mpecfs- fa Below. L.etfeI of SJspdllcMce However, according to the City of San Bernardino Environmental Impact Report (2005 EIR), the City does not cooperate with the regional transportation agencies toward mitigating impacts to regional transportation facilities, However, potential traffic impacts to the freeway mainline segments and ramps were evaluated and mitigation measures were suggested to reduce impacts. However, the City stated that improvements to the freeway system are the responsibility of the existing regional transportation agencies and not the City of San Bernardino, Without the authority to implement the mitigation measures, the impact to freeway segments would remain significant and unavoidable requiring a statement of overriding considerations. Therefore, project-level traffic would be cumulatively significant and unavoidable due to the City's significant and unavoidable buildout projections. Packet Page. 857 EnI/tnJnmenfJI/ FItItIIttg. of Feet lJn/YwsIfy HIlla Spedffc Plan SR Rnclng~rtfI_Io"" I'ropoaC PruJect 5.1 - Growth InducIng Impacts 5.1.1 - Description There are two types of growth-inducing impacts that a project may have: direct and indirect. To assess the potential for growth-inducing impacts, the project's characteristics that may encourage and facilitate activities that individually or cumulatively may affect the environment must be evaluated CEQA Guidelines Section 15126.2[d]). 5.1.2 - Finding Direct growth-inducing impacts occur when the development of a project imposes new burdens on a community by directly inducing population growth, or by leading to the consln1ction of additional developments in the same area. Also included in this category are projects that remove physical obstacles to population growth (such as a new road into an undeveloped area or a wastewater treatment plant with excess capacity that could allow additional development in the service area). Construction of these types of inftastructure projects cannot be considered iso1ated from the development they facilitate and serve. Projects that physically remove obstacles to growth or projects that indirectly induce growth may provide a catalyst for future unre1ated development in an area, such as a new residential community, that requires additional commercial uses to support residents, The Proposed Project would result in the development of 980 units on 404 acres in an outlying but somewhat suburbanizing area (e.g" development to the west along Campus Parkway). The residential units included in the Proposed Project would be expected to result in direct population growth of 3,283 new residents. The Proposed Project is expected to create only a few new jobs at the clubhouse. Section 4,10 of the Draft EIR examined the project's contributions to local as well as regional housing and population growth and found it to be in excess of that outlined in the City's General Plan that was used for estimating growth impacts by SCAG, Although by itself the project would only incrementally increase growth, it would contribute to an overall cumulative increase that may not have been anticipated in regional planning efforts. Therefore, the project is considered somewhat growth inducing. This increase will be offiet somewhat by the fact that the project is in an area that is not planned for additional suburban development, so its actual influence on area-wide growth will likely be limited. The project site is not currently served by infrastructure although roads and utilities are generally adjacent or nearby to the site. However, the Proposed Project would require the extension of roadways and utility systems into areas not presently served; therefore, the Proposed Project could be considered to be removing a barrier to potential growth through the extension of urban infrastructure. Packet Page. 858 J.JL "" Envlmnmenlal RndltIfIS of Feet HIlls SpecItIc Plan EJR R"dIng Repldltfl AIfIenIaIIw8 10 ",. Prrlpt>>ed Prf1/eCf The Riverside-Corona Feeder supplies several southern California Counties, including San Bernardino. The supplier connects to the Santa Ana River watershed and supplies over 400,000 acre- feet of ground water per year, New wet year water will corne from local runoff, including regulated releases from Seven Oaks Reservoir and the State Water Project. The R-C Feeder is a multiple benefit regional water supply project. The water will be stored in San Bernardino Valley and Chino groundwater basins. Stored water will be delivered to consumers through a new groundwater pumping capacity. The new pumping and delivery capacity will enable water to be stored safely by providing the means to control local water tables, The water supply assessment proposes the UHSP will connect to reservoirs, similar to the Riverside- Corona Feeder. The reservoirs will include a common inlet/outlet pipe with flexible connections, isolation valves and an altitude valve to prevent overflow. To improve mixing in the tank, each inlet/outlet pipeline would have two check valves, forcing water to travel a greater distance from inlet to outlet in a circular motion. The reservoirs would have separate overflow pipes and drain pipes that would discharge to a concrete gutter. The gutter would convey stonn flows, reservoir overflows and drainage along the access road to the downstream development stonn drain. 5.1.3 - Facts in Support of Finding Because of its size and intensity, as well as its destination potential, the Proposed Project may be a catalyst for future unrelated projects. This may include new development projects or redevelopment of existing properties. Note that no such projects have been identified at the time of this writing, and it would be speculative to identify any potential locations or types of projects, 5.2 - IrreV81'81bl8 Impacts 5.2.1 - Description Section 15126,2{ c) of the CEQA Guidelines requires a discussion of the extent to which a Proposed Project will commit nonrenewable resources to uses those future generations will probably be unable to reverse so that such current consumption may be justified, 5.2.2. Finding The CEQA Guidelines describe three distinct categories of significant irreversible changes; they are defined as "changes in land use that would commit future generations", "irreversible changes from environmental actions", "and consumption of non-renewable resources", The Draft EIR has evaluated the project's commitment to these irreversible changes in the implementation of the project and has found that the use of such resources is justified by the long-term benefits of the project. However, the Proposed Project would not be consistent with Air Quality, PopulationIHousinglSCAG Consistency, and Freeway Transfonnationa1 uses, 5.2.3 - Facts In Support of Finding The project site will be in long-term used as a residential development. In addition, the new uses will be utilized as a resource for the City over the long-term, In addition, 10ng-tenn development of the Packet Page. 859 L1J ," Env/n)nm..."" FItHIInp of FfM:t umv..IIy'" SpecIfIc""" E1R F1....IIfI~~Ia".. Proposed Project project wilI be similar to other residential development projects in the City of San Bernardino. Analyses of all three distinct categories of significant irreversible changes are defined as: Ch8ngw In Land Use That Would Commit Future Generet/ons The project proposes to construct 980 residential units. The Proposed Project will consists of 404.3 total acres, with 169.5 acres or 42 percent of the site proposed for residential and related uses, including 10.2 acres of parks and recreational uses. The project proposes a gross density of2.4 dwelling units per acre (980 units divided by 404.3 tota1 acres) and a net density of 5,8 units per acre, excluding natural open space (980 units divided by 169.5 acres). Residential densities range from 0.0 to 20 dwelIing units per acre, This change in land use is more compatible with the sUlTOunding area, therefore, the change in land use would not commit future generations to a significant change in land use, Irreversible CIItmges from Environmental Actions Irreversible changes to the environment could occur ifhazardous substances are released associated with development of the Project. Compliance with the requirements and mitigation measures would reduce impact to less than significant. No other sources of irreversible changes from environmental actions are forecast to occur. Consumption of Non-Reneweb1e Resources Consumption of non-renewable resources would be the conversion of agricu1turalland to urban uses, consumption of energy resources such as electricity and natura1 gas, and the loss of potential mining resources, The Draft EIR detennined that development of the project site would not result in a significant impact on land that is considered suitable for agricu1tura1 use. IN addition, the site is not identified as a mineral resource site and more suitable locations in the sUlTOunding regions are currently being used as mineral resource sites. Given the proximity to CSUSB, the site would not be a suitable for mining of mineral resources in the future. The project wilI consume non-renewable energy resources during construction and operation such as petroleum products, construction materials, electricity and natura1 gas. Construction impacts to non- renewable would be short-term. Operation of the Project is required to comply with mandatoI)' requirements of Title 24 in regard to energy efficient building design and is required to utilize energy conservation measures during operations of the facilities within the project. Packet Page. 860 Enlll_taI -1If1lJ of Fact UnIvw8lly HI/I8 SpedIfc Plan EIR RndIng~~Io"" PrvJet:t CEQA requires that a Final EIR evaluate a reasonable range of alternatives to a project, or to the location of the project, which: 1) are capable of avoiding or substantially lessening any significant adverse environmental impact associated with the project; and 2) may be feasibly accomplished in a successful manner within a reasonable period of time considering the economic, environmental, social and technological factors involved (CEQA Guidelines ~ 15126,6). A Final EIR must only evaluate reasonable alternatives to a project which could feasibly attain most of the project objectives and evaluate the comparative merits of the alternatives (CEQA Guidelines A 15126.6; Sierra Club 1/. COU1ItyofNapa, 121 Cal. App. 4th 1490 [2004]). In all cases, the consideration of alternatives is to be judged against a rule of reason (CEQA Guidelines A 15126.6,). The lead agency is not required to select the environmentally superior alternative identified in the Final EIR if the alternative does not provide substantial advantages over the Proposed Project and: 1) through the imposition of mitigation measures the environmental effects of a project can be reduced to a less than significant level; or 2) there are social, economic, technological or other considerations which make the alternative infeasible. The discussion of alternatives is required to include the "No project" alternative. CEQA further requires that the City identify an environmentally superior alternative. If the "No project" alternative is the environmentally superior alternative, an environmentally superior alternative must be identified from among the other a1tematives (CEQA Guidelines, A 15126.6.). CEQA Guidelines A 15126.6 requires a Final EIR to evaluate an alternative site when an alternative location would avoid or substantially lessen significant effects. The Final EIR considered five (5) alternatives that may reduce anticipated impacts to less than significant levels, or will improve the acceptability or successful implementation of the residential improvements. A swnmary of Project Alternative Impacts are contained in Table 1. The objectives for the project as identified in the Final EIR and considered by the City are the following: Include high-quality, high-density housing in a mixed-use setting to increase the diversity of housing opportunities in San Bernardino and provide housing options that are not currently available to local residents; Use high-quality architecture and landscaping that will maintain and enhance the aesthetic character of the City of San Bernardino; Packet Page. 861 Envlnlnm8llW FInd... of Fact U111wta11y HIlla SpecIIfc ,.,." SR F/ndInfI Repdfl/l AIIJtmatIvN 10 tile Propa..d Project Provide a "sustainable" community that encompasses construction as well as daily living in tenns of energy and water conservation, wise choice and use of building materials, reduction of air pollutants, safety, wa1kability and connectivity to surrounding uses, etc,; Provide ample amenities including a community clubhouse and extensive trail system to encourage healthy and enjoyment of open space, Maximize roadway safety through the provision of multiple vehicular ingress and egress opportunities to the Proposed Project internal roadways and parking facilities and improvements to the surrounding circulation system; Create increased new property and sales taxes annually, in perpetuity, for the City of San Bernardino, and increased annual property taxes for San Bernardino County and various other local government agencies; and Increase property values in the City of San Bernardino and surrounding unincorporated County areas. 6.1 - No ProjectlNo Development Alternative 6.1.1 - Description CEQA requires that a "No Project" a1ternative be evaluated compared to the Proposed Project, The No Project alternative evaluates existing conditions on the site in the absence of the Proposed Project, Under this a1ternative, the project site would remain vacant would not be developed into a residential community, Assuming the project site remains vacant, all significant impacts will be avoided. However, any benefits of the project related to providing housing opportunities for families as well as providing infrastructure in an area that is undergoing surrounding residential development would not be realized. 6.1.2 - Finding This alternative would eliminate any adverse environmental impacts associated with developing the project site into a residential community, It would also eliminate the significant impacts associated with the project (i.e. air quality, population, housing, and SCAG consistency, transportation), 6.1.3 - Facta In Support of Finding The No Project - No Development Alternative would eliminate the seven significant impacts of the Proposed Project relative to construction and occupancy of the proposed UHSP. However, it would result in an indirect impact to future growth of the City. Furthennore, this alternative does not achieve any of the objectives of the Proposed Project. Packet Page. 862 I Envll'OlJlDMI8I Flnd/nfIS of Feet Unlwtslly HIlls SpecH/c Plan ElR Flm.ng Rill...... AIIlIrrIlIffws 10 the 1'raposC Pruject 6.2 - No Project - General Plan Development Alternative 6.2.1 - Description Under this alternative, the site would be developed under the approved PHSP as outlined under the previous ElR certified in 1993, which allowed 504 residential units. 6.2.2 - Finding Under this alternative, there would be similar impacts associated with the Proposed Project, as the land use designation is the similar for the existing General Plan/Specific Plan as the Proposed Project, Developing the Project area for residential uses could have potential adverse impacts on the adjacent residential development. It would potentially increase impacts related to Aesthetics, Light, and Glare, Biological Resources, Cultural Resources Geology, Soils, and Seismicity, Hazards and Hazardous Materials, and Hydrology and Water Quality, 6.2.3 - Facts In Support of Finding The No Project - General Plan Development Alternative would have incrementally fewer impacts related to 10ng-tenn occupancy of the project site since it would allow the development of approximately half the number of units compared to the Proposed Project (504 vs. 980 or 48.5%)1 However, the UHSP proposes aggressive water and energy conservation measures that would substantially reduce the differences in these impacts. This alternative would have similar or increased short-term air quality impacts from grading but reduced construction-related impacts (i.e., fewer units). Long-tenn air quality impacts under this alternative would be reduced to less than significant levels, This alternative may have increased impacts on biological and cultural resources, and the City's water distribution system if development were to occur as outlined in the previously approved Paradise Hills Specific Plan, This alternative would also create increased risks to project residents and residences related to wildand fues and geotechnical constraints. Growth inducement and impacts related to consistency with SCAG growth policies would be reduced to less than significant levels under this alternative. This alternative does not meet the objectives of the project to the same degree as the Proposed Project in that the PHSP does not contain CUJTent water or energy conservation strategies, 6.3 - Modified Specific Plan Alternative 6.3.1 - Description To reduce air quality and growth inducement impacts, this alternative would be phased and have more "mixed" uses (i,e., 100,000 square feet of commercial and other non-residential) on the site. It would also have fewer residential lots (approximately 700 units) but with higher densities than those allowed under the UHSP to be able to cluster units more effectively. This alternative would likely require many buildings with 3-4 stories rather than 2-3 story buildings under the current UHSP. The CUJTent "clubhouse" area would become more of a community center under this alternative, with taller buildings and approximately 100,000 square feet of a mixture of commercial and professional office uses, Each residential planning area would be larger overall than under the UHSP, and each would be Packet Page. 863 En"""'......"" FlndIrIp of F8ct HI" SpecIIIc Plan E1R FIn...." ~1IfI AJ/IJIn."".1o the ProposN ProJet:I built on pads that could be more isolated in tenns of grading. At present, the land plan requires that the entire development area (approximately 170 acres) be graded at one time to balance earthwork onsite (i.e" no substantial import of soil onto or export of soil off of the site), Balancing earthwork within a development area is an important consideration of project design, not only for cost, but to minimize the import or export of soil from the site, which could significantly increase short-tenn traffic, noise, and air quality impacts. The only feasible way to accomplish this balancing with smaller planning areas would be to "pair" two planning areas, one upslope and one downslope, and use the cut material from the upper area to create a pad for the lower area. This would necessarily create a more terraced look to the development, The road system would be similar to that of the proposed UHSP but there would be more open space between the Planning Areas and the project would be built over a longer period of time to reduce short-tenn construction impacts, 6.3.2. Finding Under this alternative, impacts from residential development woud be either equivalent or reduced; however, the alternative would not reduce environmental impacts in regard to Air Quality and Transportation, 6.3.3. Facta in Support of Finding The Modified Specific Plan Alternative would have incrementally fewer impacts related to long-tenn occupancy of the project site since it would allow the development of fewer residential units compared to the Proposed Project (700 vs. 980 or 40 percent less), However, the addition of commercial and office uses under this "mixed use" plan would generate a greater amount of traffic than the Proposed Project, especially during peak periods. The mixed uses would help reduce the number and length of vehicular trips off of the project site, This alternative could reduce short-term (daily) air quality impacts from grading and construction to less than significant levels, however, it would extend those impacts over a longer period of time if development phasing were increased (i.e., from 5 to 10 years), Long-term air quality impacts under this alternative would increased by adding non-residential uses, and would still exceed significance thresholds. This alternative would have equivalent impacts on biological and cultural resources, and would likely create similar risks to project residents and residences (and businesses and employees) related to wildand fires and geotechnical constraints, Growth inducement and impacts related to consistency with SCAG growth policies would be reduced to less than significant levels under this alternative. This alternative would meet some of the objectives of the project, Packet Page. 864 Em/t"""".,.w RIIdtngs of F/Jct Un,.,.,..", HIls SpecIIIc Plan E1R Rrdl/fllfeprdllfl-"'Io lite Propoad ProJect 6.4 - EducationallnatitutlonfTechnology Park Alternative 6.4.1 - Description The University District Specific Plan identifies the general area for technology park uses, which would be supported and will benefit from research at the University , To reduce air quality and growth inducement impacts, this alternative would eliminate residential uses and place an educational institution and related technology uses in this area to support CSUSB. These uses could be in conjunction with or in support of the Cal State San Bernardino campus. The proposed alternative would house approximately 2,75 million square feet of office space, industrial use, and educational research for information technologies. Based on discussions with the San Bernardino City Unified School District, this plan does not envision K-12 facilities at this time, The road system would be similar to that of the proposed UHSP but there might be more open space between various buildings or uses, and they may be built over a longer period of time to reduce short-term construction impacts. 6.4.2 - Finding Long-term air quality impacts would not be reduced as the educational institutionltechnology park uses would generate more vehicular peak hour traffic. However, additional impacts would be similar or reduced compared to the Proposed Project. 6.4.3. Facts In Support of Finding The Educational Institutionffechno10gy Park Altemative would produce very different impacts compared to those from the residential uses of the Proposed Project. It would likely generate more peak hour traffic, but non-peak hour traffic may be substantially less that that of the Proposed Project. The addition of educational and institutional uses under this plan would likely not reduce short-term daily) air quality impacts from grading and construction to less than significant levels due to the need to grade the entire area for efficient site planning, Long-term air quality impacts under this alternative would probably be higher than those produced by residential uses, and would still exceed significance thresholds. This alternative would have equivalent impacts on biological and cultural resources, and would likely create similar risks to project employees and students rather than to project residents and residences in terms of wildand fires and geotechnical constraints. Growth inducement and impacts related to consistency with SCAG growth policies would be reduced to less than significant levels under this alternative. Although the alternative project may meet certain objectives to the same degree as the Proposed Project, it does not meet all the specific project objectives already outlined in the approved PHSP. 6.5 - Alternative Sites 6.5.1 - Description CEQA requires the evaluation of alternative sites if moving the Proposed Project to another site would eliminate or avoid one or more significant impacts of the Proposed Project. The impacts to both short-term and long-term air quality would occur regardless of location, The significant impact Packet Page. 865 1' " Env#1DIIIJ..IaI FIndInp ofFect HIII8 SpecIlJc Plan EIR RndhItIIhpIl'''lI~ fa /he Frvpoeed PrlJject to freeway traffic might be reduced by a different location, but the 1-215 Freeway experiences similar levels of congestion from its intersection with the 1-15 four miles to the north down to its intersection with the 1-10 Freeway six miles to the south 6.5.2. Finding It is not likely that an aItemative location would eliminate the significant traffic impact of the Proposed Project. Unless the UHSP project can be buih with mixed uses or adjacent to a transit center (no sites of this size available near the San Bernardino center), the Proposed Project cannot be made consistent with the growth projections or policies of SCAG. 6.5.3. Facts In Support of Finding The ahernative location would not eliminate the significant impacts of the Proposed Project. Based on discussions with City staff and a survey of the surrounding area, there are no other vacant sites of this size in the northern portion of San Bernardino. This analysis demonstrates that impacts of development as proposed under the UHSP on an alternative site would be equivalent to those of the UHSP developed on this location. Therefore, an ahernative site is not a feasible or viable option for this project Packet Page. 866 EnwrorJl/flll/al F/ndInf1a of F8ct UnIvwslty HIlls SpecIlJc Plan EIR RndhItI "-'*"'~ fa /he Frvpoeed PrlJject Table 1: Summary of Project Altematlva 'mpacta Em.1ror~,nrnt ProtIa.... No,Prvjeot-Ho::.::r::.; IfodIIIM ~U'.IJIIllI ]at.....;' ProI'i!t ~'" ' · .,.. , SIl.......... 'fTr ...,,.... 1III,m..a~.,'..... .~ Aesthetics, Less than No impact Somewhat i Equivalent but Increased but I...I Ligb~ and significant i increased i more non- than significantGlare' I ---J residential uses ! __J,I Air Quality ---! SlllDifkut i No impact j'Less Slgnithanll.. nt i Less than I " SillDlflcant I Iii significantI =: on I S11lD11I..nt : No impact i Slgnifkut i Sl1lD11Icut i I Biological I Less than 1:0 impact i ~:=~t- I t:i:.., mixed ~+ LeSSiIi8D----1 E~ r:~:::'~ ' NNoO: ~:-In'~ banudtl...--+-~ thth:anM: J~Less:-than~----- j i Geology, Soils, I Less than _...-' I and Seismic' Significant than si - cant si&1>!f!cant significant __ Hazards and Less than No impact I Reduced but I... I Less than , Significant i HaDrdous Significant ~ than significant significant ' Inusecreased bam181 i~~ -LHydrologyandLessthanNoimpactIncreasedbutlessILess than - -Less tbaD---- I t:-;u~: ~:: t No impact ~ ;~ fi~ f~=~ut leSS I ~~~:~f-Noise-- I ~::t ----i- No impBCt ~:;;:::"d I... - ~ =~-:I= tIDCfeased bUll...L Si . cant ~ l than significant _ f ilia.. significant . than significant _ I, Population. Slgnlllcant No impact I Less than ! Less than I Less than Housing, and Growth Inducing ' I significant I significant i significantSCAG1_& SCAG policies l_<;:onsistency + f-==: ..I Public Services Less than No impact Reduced but lesS-~educed but....i- Mixed but I... 1'_ and Recreation Si' cant than si 'cant than significant __I than significant'l Tnmsportation S....III..nt , No impact Slgnlllcut Slgnlllcut i Slplflcut I and_~ilwlati:", ~ con~: _I Fwy congestion Local traffic ,& I Local traffic _& I Agriculture and Less than L No impact -- - -!- Less ttWi------ t-~ :,,~!'!!... . ..~ :.:-on Mineral Significant I I, significant I significant . significantResources ftility sYstems I Less thantNo impact i Reduced------j Reduce<t---- + Reduced-- -i I--MeetSProjecl I ~~ ifican!--1--NO -- - ! NoItOsame--+NoltO-_--tNo-----iIQbiectiv~__ L______ 1 _____..lde~___.ld~____ ! ... _.. _~ ..._..1 Packet Page. 867 En""""'-'IaI R..,.. of F8ct HIlla SpecItrc Plan EIR Rndlng RltJ ...... AIflImdtIw fa /he Frvpoeed PrlJject 6.5.4. Finding The Final EIR detennined that the Proposed Project would produce significant impacts to Air Quality, Population, Housing and SCAG Consistency, and Transportation, The Final EIR also determined the project could potentially contribute to cumulatively considerable impacts to Air Quality and Transportstion; however, the recommended measures do not reduce impacts under the less than significant threshold. All five alternatives reduce at least one of the three significant and unavoidable impacts; however, they create potential land use compatibility conflicts between the alternate uses and the General Plan. In addition the alternatives would not fully implement the project's objectives of providing an active residential community with connectivity to the existing residential uses. Since none of the alternatives are considered environmentsIly superior to the Proposed Project, they are rejected in favor of the Proposed Project. 6.5.5. Facts In Support of Finding None of the aItematives achieve the objectives of the project to the same degree as the Proposed Project. The environmentsI effects of each alternative in relation to the Proposed Project are summarized in Table 1. Packet Page. 868 EnIllronmMIaI RIIfI1nt1a of F8ct HIlls SpecIIIc""" ElR SIlIIlt._t of OvwrIdIng Cona/deI-' S~'1':fta~_^:,_'-:--"TION8ctlii~fi """" V'lf~"'",," ~_"'" CEQA Guidelines Section 15093 (a) states that: CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a Proposed Project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a Proposed Project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." Where the decision of the public agency allows the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. This ststement may be necessary if the agency also makes a fmding under Section I 509 I (a)(2) or 15091 (a)(3). As identified above, the City of San Bernardino fmds that the project does produce significant and un-mitigable impacts to Air Quality, Population, Housing and SCAG Consistency, and Transportation, and, therefore, requires a Statement of Overriding Considerations. The findings have also analyzed a number of alternatives to determine whether they are reasonable and feasible alternatives to the proposed action and whether they might reduce or eliminate the significant impacts of the proposed action. The City of San Bernardino finds that the project will provide specific economic, social, and other benefits that outweigh the unavoidable adverse environmental impacts of the project, such that those impacts are considered acceptable. Each of the benefits of the Proposed Project cited is hereby determined to be, in itself and independently of the other project benefits, a basis for overriding all significant adverse environmental impacts identified in the EIR and in these fmdings. These benefits are as follows: I, The Paradise Hills project land plan proposed extensive grading and development within the middle and upper reaches of Badger Canyon, however, that project was never built. In addition to the General Plan designating the project site as a Specific Plan, the Land Use Plan in the City's Land Use Element designates the lower (southern) portion of the site for Residential Suburban RS) uses with a density of 4.5 units per acre (7,200 square foot lots), and the northern portion i.e" north of the San Andreas Fault and in the middle and upper reaches of Badger Canyon) for Residential Low (RL) development at 3.1 units per acre. The University Hills Specific plan addresses the steep slopes surrounding Badger Creek and designated it as Open Space (OS). 2, The northern portions of the site are mitigated with a Hillside Management Overlay as well as a Foothill Fire Zone Overlay to help to minimize the spread of wildfires, property damage, and reduce the risk to the public health and safety. Packet Page. 869 l,-- . En""",."..", FImIIngs of F8ct 1Jn'--"Y HI" SpecIlJc ,.,." EIR SIlt"-nent ofOvwrldlntl ConBidel-' 3. The University Hills Specific Plan replaces the Paradise Hills Specific Plan and includes a new land use map, zoning districts, development standards, design guidelines, and infrastructure requirements for the development of the site. The following elements of the Specific Plan promote the land use goals of the General Plan: Placing housing in close proximity to CSUSB. Accommodating up to 60 faculty units, which will create a direct and long-1asting relationship with CSUSB. Orienting the development and clubhouse toward CSUSB. Allowing CSUSB to share conference facilities in the clubhouse. Dedicating approximately 235 acres of permanent open space to CSUSB as a "land laboratory." Carefully weaving University Hills into its physical surroundings by clustering development on the lower slopes and away from physical hazards, preserving significant drainage ways. 4. The Project allows residents the opportunity to live, work, and play in the immediate area. This reduces the need to use the automobile, which in turn reduces congestion, improves air quality, fosters walking, and improves overall health and wellness. 5. University Hills is a significant opportunity for the City to achieve many goals described in its General Plan, such as providing housing types suitable for a variety of lifestyles and incomes. University Hills accommodates a range of living opportunities including estate, single-family detached, small-lot detached, cluster court homes, townhomes, and stacked flats, In addition, University Hills provides fOur acres that will be dedicated to CSUSB and can accommodate up to 60 units for exclusive use as faculty housing. 6. University Hills accommodates 980 residences situated in several neighborllOods, which are separated by open space corridors, drainage ways, and sloped areas and interconnected by a series of trails and roadways, 7. Development is focused onto approximately 170 acres, or 42 percent of the totsI site and is mainly concentrated south of the South Branch of the San Andreas Fault on the lower portions of the site where the average slopes are generally below 15 percent. North of the South Branch of the San Andreas Fault, approximately 235 acres, or 58 percent of the site, remains undeveloped and is designated as permanent open space. It will be dedicated to CSUSB for use as a laboratory to study the local biology, habitat, and geology. The compact design limits the development footprint so that open lands are maximized; natural drainage ways are maintained and w Packet Page. 870 En"',.""".",., FInd/nrIS ofF8ct HI" SpecIlJc,."". EIR StiI,.,-.tofo..mav.IV ~ incorporated into the design of the project as open space amenities; landscaping and hazards are avoided or mitigated. 8, The land laboratory contains a variety of native plant species; natural drainages, including Badger Creek; and the San Andreas Fault system. The proximity of these features to the CSUSB campus provides unique educational opportunities. It is envisioned that the biology, geology, geography and environmental studies, and science education departments would be the primary users of the land laboratory, but it could be used by other disciplines. 9. Uuiversity Hills is designed and programmed to create a long-term and synergistic relationship with CSUSB. In particular, University Hills directly responds to input from the University through the provision ofland for faculty housing, the 235-acre land laboratory, pathways, bike lanes, and the California Walnut Grove Linear Park. 10. University Hills is designed to minimhe the impacts ofIight inlrusion and spillover. CSUSB is contemp1ating building an observatory on Badger Hill immediately adjacent to University Hills. To help preserve a dark nighttime sky, this Specific Plan includes strict controls on the type and design of lighting. II. Uuiversity Hills is also located within the University District Specific Plan, which was approved November 1,2005, The University District Specific Plan acts as the umbrella document for a 6,375-acre area, of which University Hills is a part. The intent of the University District Specific Plan is to "lay a foundation for the integration of the University into the surrounding community." The University District Specific Plan focuses on creating: Pedestrian-oriented developments A seamless connection between the community and University Integrated cwriculum with CSUSB A ''university town" Enhanced link to regional recreation An efficient vehicular and pedestrian system A range of housing types to accommodate a wide range of population, including University faculty and staff. Quality housing The University District Specific Plan assumed the Paradise Hills Specific Plan in its land use plan and was amended to reflect the land plan for University Hills in conjunction with this project. Packet Page. 871 EXHffiIT D General Plan Amendment 08-03 consists of the following changes: 1. Amendment of the Land Use Map to change the land use designations within the project area to: Large Lot Detached (LLD) Standard Lot Detached (SLD) Mixed Detached/Attached Residential (MDA) Attached Residential (A) Parks (P) Clubhouse Internal Slopes Open Space Consistent with Figure 2-9 of the University Hills Specific Plan. 2. Amendment of the University District Specific Plan to change the following: University District SP Fi2Ure Chanlle Consistent With University Hills Snecific Plan Filrure Figure 2-9 Figure 3-1 Figure 3-11 Figure 2-6 (Open Space) Figure 7 Land Use Plan Figure 8 Vehicular Circulation Plan Figure 9 Trails Plan Figure 10 Open Space Plan I...... Packet Page. 872 Ii 1\ I: wt., Packet Page. 873 J EXHIBIT F Large-Format Map) DEVB.OPER / APPLICANT INLAND COMMUNITIES CORP, 1801 AVENUE OF THE STARS, SUITE 1205 LOS ANGELES, CA 90067 PH: (310) 277-7551 CONTACT: MOHAMAD YOUNES ARED UNDER THE SUPrRIASION OF: Engineering Planning Surveying Construction Services 7 !Jl'J$ DAlE'" Rea D#'. DlJ/.JO,It>> 10370 Hemet sl Suite 200 Riverside. CA 92503 Phone: (951) 358-1433 Fox: (951) 358-1434 MASTER PARCEL MAP NO. 18969 stBJIVISION NO. PAGE t OF 5 OWItER FONTANA CORNERS III A LIMITED CALIFORNIA PARTNERSHIP 1801 AVENUE at THE STARS, SUITE 1205 LOS ANGELES,CA 90067 PH: (310) 277-7551 CONTACT: JIM AHMAD RflfSION NO. DAlE' ~7ION BY Packet Page. 874 III EXHIBIT G Large-Format Map) DEVELOPER / APPLICANT INLAND COMMUNITIES CORP. 1801 AVENUE OF THE STARS, SUITE 1205 LOS ANGELES, CA 90067 PH: (310) 277-7551 CONTACT: MOHAMAD YOUNES PREPARED IJNDCR THE: SlJl'ERVISION OF': k/.'. ABBAS I'AIIlZ 1I.c.E./IIo. H~ PREPARED Bn i (n /0/ 1MIE' 11m DIP. 1lIJ/.J01l>> 0310 Hemet st Suite 200 Riverside, CA 92503 Phone: (95/) 358-1433 Fax: (951) 358-1434 J Engineering Planning Surveying Construction Services TENTAnVE TRACT MAP NO. 1B696 SI.E1DMSION NO. PAGE 1 OF 1 OWlloER FONTANA CORNERS 11/ A LIMITED CALIFORNIA PARTNERSHIP 1801 A VENUE OF THE STARS, SUITE 1205 LOS ANGELES, CA 90067 PH: (310) 277-7551 CONTACT: JIM AHMAD RE1AS1ON NO. 1M IE' 0ESafIPT/ON BY b. Packet Page. 875 EXHIBIT H III Large-Format Map) DEVELOPER / APPLICANT INLAND COMMUNITIES CORP, 1801 AVENUE OF THE STARS, SUITE 1205 LOS ANGELES, CA 90067 PH: (310) 277-7551 CONTACT: MOHAMAD YOUNES PREPARED UNDER THC StJPER'tfSION OF: AMUFA R.CL No. 64]J4 PREPARED B)! Engineering Planning Surveying Construction Services q/l1/of DAlE' Rm CXP. t1lf,/.JO/llII 10370 Hemel sl Suile 200 RiverSide, CA 92503 Phone: (951) 358-1433 Fax: (951) 358-1434 TENTATM TRACT MAP NO. 18UO SU1DfVISION NO. PAGE 1 OF 1 NO. OWllER FONTANA CORNERS 1/1 A LIMITED CALIFORNIA PARTNERSHIP 1801 A VENUE OF THE STARS, SUITE 1205 LOS ANGELES, CA 90067 PH: (310) 277-7551 CONTACT: JIM AHMAD RE1IISION DESCRIPTIONDAlE'BY b. Packet Page. 876 Addendum to the Subsequent EIR Link: https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:47e97317-553a-4951-b780- 35d4f7fc18bd Appendixes for SFIER: https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:5a989e44-6d36-4740-8cdd- 68c1fe5fde28 Packet Page. 877 DRAFT Preliminary Fire Protection Plan University Hills JULY 2025 Prepared for: ENCORE UNIVERSITY HILLS LLC 3333 Michelson Drive, #620 Irvine, California 92612 Contact: David Hardy, Director of Forward Planning and Entitlements Prepared by: 3600 Lime Street Building 2 Riverside, California 92501 Packet Page. 878 Printed on 30% post-consumer recycled material. Packet Page. 879 14428 i JULY 2025 Table of Contents SECTION PAGE NO. Acronyms and Abbreviations ............................................................................................................................................. v Executive Summary ......................................................................................................................................................... vii 1 Introduction .......................................................................................................................................................... 1 1.1 Intent ....................................................................................................................................................... 2 1.2 Applicable Codes and Existing Regulations .......................................................................................... 2 1.3 Project Summary .................................................................................................................................... 3 1.3.1 Location ..................................................................................................................................... 3 1.3.2 Project Description ................................................................................................................... 4 2 Project Site Risk Analysis .................................................................................................................................. 11 2.1 Field Assessment ................................................................................................................................ 11 2.2 Project Site Characteristics and Fire Environment ............................................................................ 11 2.2.1 Topography ............................................................................................................................. 12 2.2.2 Climate ................................................................................................................................... 12 2.2.3 Vegetation .............................................................................................................................. 13 2.2.4 Fire History ............................................................................................................................. 13 2.3 Analysis of Wildfire Risk from Adding New Development ................................................................. 14 2.4 Off-site Wildfire Impacts ...................................................................................................................... 19 2.4.1 Vegetation Management ....................................................................................................... 20 2.4.2 Firefighter Response ............................................................................................................. 21 2.4.3 Ignition Resistant and Noncombustible Construction ......................................................... 21 2.4.4 Shelter in Place Capability ..................................................................................................... 22 2.4.5 Wildfire Risk Awareness Education ...................................................................................... 24 3 Anticipated Fire Behavior ................................................................................................................................. 27 3.1 Fire Behavior Modeling ....................................................................................................................... 27 3.2 Fire Behavior Modeling Analysis ......................................................................................................... 27 3.3 Fire Behavior Modeling Results .......................................................................................................... 29 3.3.1 Existing Conditions................................................................................................................. 30 3.3.2 Post-Development Conditions ............................................................................................... 30 3.4 Project Area Fire Risk Assessment ..................................................................................................... 32 4 Emergency Response and Service ................................................................................................................... 35 4.1 Emergency Response Fire Facilities ................................................................................................... 35 4.1.1 Emergency Response Travel Time Coverage ....................................................................... 36 4.2 Estimated Calls and Demand for Service from the Project .............................................................. 38 Packet Page. 880 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 ii JULY 2025 5 Fire Safety Requirements-Infrastructure, Building Ignition Resistance, and Defensible Space .................. 43 5.1 Fire Apparatus Access ......................................................................................................................... 43 5.1.1 Roads ...................................................................................................................................... 44 5.1.2 Gates ...................................................................................................................................... 46 5.1.3 Premises Identification .......................................................................................................... 47 5.1.4 Ongoing Infrastructure Maintenance.................................................................................... 48 5.1.5 Pre-Construction Requirements ............................................................................................ 48 5.2 Infrastructure and Fire Protection Systems ....................................................................................... 48 5.2.1 Water Supply .......................................................................................................................... 48 5.2.2 Hydrants ................................................................................................................................. 48 5.2.3 Automatic Fire Sprinkler Systems ......................................................................................... 48 5.3 Ignition Resistant Construction and Fire Protection Systems .......................................................... 49 5.4 Defensible Space and Vegetation Management ............................................................................... 50 5.4.1 San Bernardino County Fuel Modification Zone Standards and Defensible Space .......... 51 5.4.2 San Bernardino County Fuel Modification Zones ................................................................ 51 5.4.3 Ongoing Infrastructure and FMZ Maintenance .................................................................... 54 5.4.4 Construction Phase Vegetation Management ..................................................................... 54 5.5 Pre-Construction Defensible Space Requirements ........................................................................... 55 6 Wildfire Education Program .............................................................................................................................. 67 6.1 Recognition for Fire Safety and Maintaining Fire Insurance ............................................................ 67 7 Conclusion ......................................................................................................................................................... 69 8 List of Preparers ................................................................................................................................................ 73 9 References ........................................................................................................................................................ 75 TABLES 1 Fuel Models Used for Fire Behavior Modeling ................................................................................................ 28 2A Fuel Moisture and Wind Inputs ........................................................................................................................ 28 2B Fuel Moisture and Wind Inputs ........................................................................................................................ 28 3 Modeling Results for Existing Conditions ........................................................................................................ 30 4 Modeling Results for Post-Project Conditions ................................................................................................. 31 5 Fire Suppression Interpretation ....................................................................................................................... 32 6 Closest Responding SBCFPD Fire Station Summary ...................................................................................... 36 7 Project Emergency Response Analysis using Speed Limit Formula .............................................................. 37 8 Project Emergency Response Analysis using ISO Formula ............................................................................. 37 9 Calculated Call Volume (Conceptual Based on 1,050 residents) for Project Site ........................................ 39 Packet Page. 881 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 iii JULY 2025 EXHIBITS 1 Example of “higher density” development. ..................................................................................................... 16 2 Example of “moderate density” development. ................................................................................................ 17 3 Example of “lower density” development. ....................................................................................................... 18 FIGURES 1 Fire Hazard Severity Zone .................................................................................................................................... 5 2 Project Location ................................................................................................................................................... 7 3 Proposed Site Plan ............................................................................................................................................... 9 4 BehavePlus Analysis Map ................................................................................................................................. 33 5 SBCFPD Fire Stations Map ............................................................................................................................... 41 6 View 1 Fuel Modification Plan — Parcel 1 ........................................................................................................ 57 6 View 2 Fuel Modification Plan — Parcel 1 ........................................................................................................ 59 6 View 3 Fuel Modification Plan — Parcel 1 ........................................................................................................ 61 6 View 4 Fuel Modification Plan — Parcel 1 ........................................................................................................ 63 6 View 5 Fuel Modification Plan — Parcel 1 ........................................................................................................ 65 APPENDICES A Representative Photo Log B Fire History Map C BehavePlus Fire Behavior Modeling Summary D Ignition-Resistant Construction Requirements E Prohibited Plant List Packet Page. 882 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 iv JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 883 14428 v JULY 2025 Acronyms and Abbreviations Acronym and Abbreviation Definition AMR American Medical Response AMSL above mean sea level APN Assessor’s Parcel Number BOA Bill of Assurance BTU British Thermal Unit CAL FIRE California Department of Forestry and Fire Protection CBC California Building Code CDI California Department of Insurance CC&R Covenants, Conditions and Restrictions CFC California Fire Code CRC California Residential Code SBCMWD San Bernardino County Municipal Water District FAHJ Fire Authority Having Jurisdiction FHSZ Fire Hazard Severity Zone FMZ Fuel Modification Zone FPP Fire Protection Plan FRA Federal Responsibility Area FRAP Fire and Resource Assessment Program FS Fire Station HOA Homeowners Association (HOA) IBC International Building Code ICEMA Inland Counties Emergency Medical Agency IFC International Fire Code IRC International Residential Code I-215 Interstate 215 LRA Local Responsibility Area MPH miles per hour NFPA National Fire Protection Association PRC Public Resources Code Project University Hills SBCFPD San Bernardino County Fire Protection District SRA State Responsibility Area VHFHSZ Very High Fire Hazard Severity Zone WUI Wildland Urban Interface Packet Page. 884 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 vi JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 885 14428 vii JULY 2025 Executive Summary This Preliminary Fire Protection Plan (FPP) has been prepared for the University Hills (Project) single-family detached residential units located north of California State University San Bernardino campus on the opposite side of Badger Hill in the County of San Bernardino, California. The Project is proposed construction of three-hundred and twenty- seven (327) single-family detached residential units; to include related on-site improvements that encompasses a span of 338.80 acres total gross area. This FPP provides measures for fire protection that meet the applicable portions of San Bernardino County Fire Protection District (SBCFPD) standards and further evaluates and identifies the potential fire risk associated with the Project’s land uses and identifies requirements for water supply, fuel modification and defensible space, access, building ignition and fire resistance, and fire protection systems, among other pertinent fire protection criteria. The purpose of this plan is to generate and memorialize the fire safety requirements and standards of the SBCFPD along with project-specific measures based on the site, its intended use, and its fire environment. This document provides analysis of the site’s fire environment and its potential impact on the Project as well as the Project’s potential impact on the existing fire protection service. Tasks completed in preparation of this FPP include data review, code review, site fire risk analysis, land use plan review, fire behavior modeling, and site-specific recommendations. Requirements and recommendations herein are based on site-specific fire environment analysis and Project characteristics and incorporates area fire planning documents, site risk analysis, and standard principles of fire protection planning. As determined during the analysis of this site and its fire environment, the Project, in its current condition, may include characteristics that, under favorable weather conditions, could have the potential to facilitate fire spread. Under extreme conditions, wind-driven wildfires from the north and/or east could cast embers onto the property. Once the Project site is developed, the on-site fire potential will be much lower than its current condition due to conversion of wildland fuels to building footprints, parking areas, managed landscapes, fuel modification areas, improved accessibility for fire personnel, and structures built to the latest ignition and ember resistant fire codes. It is important to note that the fire safety requirements that will be implemented on this site, including ignition resistant construction standards, along with requirements for water supply, fire apparatus access, fuel modification and defensible space, the installation of National Fire Protection Association (NFPA) 13D automatic interior fire sprinkler systems within each of the residential buildings, and fire response travel times were integrated into the code requirements and internal guidelines based on results of post-fire assessments, similar to the After Action Reports that are now prepared after large fire events. When it became clear that specifics of how structures were built, how fire and embers contributed to ignition of structures, what effects fuel modification had on structure ignition, how fast firefighters could respond, and how much (and how reliable) water was available, were critically important to structure survivability, the Fire and Building codes were revised appropriately. San Bernardino County now boasts some of the most restrictive codes for building within Wildland Urban Interface (WUI) areas that focus on preventing structure ignition from heat, flame, and burning embers. The proposed Project of three-hundred twenty-seven (327) single-family detached residential units encompass a span of 338.80 acres total gross area. The Project represents an amendment to the previously approved University Hills Specific Plan, incorporating 36.46 acres for residential uses, 20.64 acres for streets, alongside 46.86 acres dedicated to open space and parks. Additionally, 234.84 acres are deemed as a designated remainder. This area has been identified as a Hazardous Fire Area in the City of San Bernardino. The entire site has been designed with Packet Page. 886 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 viii JULY 2025 fire protection as a key objective. The site improvements are designed to facilitate emergency apparatus and personnel access throughout the site. Driveway and road improvements with fire engine turnouts and turnarounds provide access to within 150 feet of the structures. Water availability and flow will be consistent with requirements including fire flow and hydrant distribution required by local and state codes. These features along with the ignition resistance of all structures, NFPA 13D automatic interior fire sprinkler systems, and the pre-planning, training and awareness will assist responding firefighters through prevention, protection, and suppression capabilities. As detailed in this FPP, the Project’s fire protection systems will include a redundant layering of protection methods that have been proven to reduce overall fire risk. The fire safety measures included herein, both required and recommended, are performance based and site–specific, considering the Project’s unique characteristics rather than a prescriptive, one-size-fits-all approach. The fire protection systems are designed to increase building safety, as well as the safety of those occupying the structure, reduce the fire risk on site, minimize risks associated with typical uses, and aid the responding firefighters during an emergency. No singular measure is intended to be relied upon for the site’s fire protection, but rather, a system of fire protection measures, methods, and features combine to result in enhanced fire safety, reduced fire potential, and improved safety in the development. Based on the results of this FPP’s analysis and findings, the following FPP implementation measures will be provided as part of the proposed development plan. Based on the analysis conducted herein, the Project meets all fire and building code requirements and includes appropriate protections for the fire environment in which it is located. These measures are discussed in more detail throughout this FPP. Implementation Measures: 1. The proposed buildings will be constructed of ignition resistant1 construction materials and each single- family detached residential unit will include the installation of a National Fire Protection Association (NFPA) 13D automatic interior fire sprinkler system based on the latest adopted Building and Fire Codes for occupancy types. 2. Fuel Modification will be provided around the perimeter of Project site, as required by SBCFPD and will be a minimum of 100 feet wide in all directions through on-site Fuel Modification Zones (FMZ) and Defensible Space or a combination of on-site and off-site FMZ equivalent areas. 3. Paved roads are provided throughout the Project site. 4. Landscape plantings will not utilize prohibited plants that have been found to be highly flammable; landscape plant material must be drought tolerant and fire-resistant plantings recommended by the SBCFPD for use in Fuel Modification Zones (See Appendix E, Prohibited Plant List). 5. Fire apparatus access roads (i.e., public, and private streets) will be provided throughout the residential development and will vary in width and configuration but will all provide at least the minimum required unobstructed travel lanes, lengths, turnouts, turnarounds, width, and clearances required by applicable codes. Primary access and internal circulation will comply with the requirements of the SBCFPD. 6. Each of the single-family detached residential units will be equipped with automatic residential interior fire sprinkler systems respectively meeting NFPA 13D and SBCFPD requirements for the occupancy type. 7. Water capacity and delivery will be provided by a reliable water source for operations and during emergencies requiring extended fire flow. 1 A type of building material that resists ignition or sustained flaming combustion sufficiently to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames, as prescribed in CBC, Chapter 7A and State Fire Marshal Standard 12-7A-5, Ignition-Resistant Materials. Packet Page. 887 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 ix JULY 2025 8. FMZ Inspections. The University Hills Homeowners Association (HOA) will hire a 3rd party, SBCFPD- approved, FMZ inspector and landscape plan reviewer to provide annual certification (written report submitted to SBCFPD by May 1) that the HOA maintained property including all FMZs and met the requirements of this FPP. 9. Should future iterations of the Project’s site plan result in buildings that do not achieve a minimum of 100 feet of defensible space, then alternative materials and methods may be proposed to provide the functional equivalency of a full 100 feet of defensible space. Alternative materials and methods will be to the satisfaction of the SBCFPD and may include structural hardening enhancements or landscape features, like non-combustible walls. The following measures shall be established in the Covenants, Conditions and Restrictions (CC&Rs) for the Project and implemented by the Project’s Bill of Assurance (BOA) or Property Manager. Annual maintenance should occur before May 1st of each year and be inspected by SBCFPD or an approved third party. 1. On-going maintenance of all fuel modification zones would occur at least annually or as needed by the Project’s Property Manager and/or BOA, or another approved entity. 2. The property owner and/or property management company will provide informational brochures at time of occupancy, which will include an outreach and educational role to ensure fire safety measures detailed in this FPP have been implemented and development-wide “Ready, Set, Go!”2 plans prepared. Early evacuation for any type of wildfire emergency within the development is the preferred method of providing business safety, consistent with the SBCFPD’s current approach for evacuation. As such, the Project will formally adopt, practice, and implement a “Ready, Set, Go!” approach to Project site evacuation. The “Ready, Set, Go!” concept is widely known and encouraged by the state of California and most fire agencies, including; Pre-planning for emergencies, including wildfire emergencies, focuses on being prepared, having a well-defined plan, minimizing potential for errors, maintaining the Project site’s fire protection systems, and implementing a conservative (evacuate as early as possible) approach to evacuation and Project site uses during periods of fire weather extremes. This FPP provides a detailed analysis of the Project, the potential risk from wildfire, and potential impacts on the SBCFPD, as well as analysis on meeting or exceeding the requirements of San Bernardino County. Further, this FPP provides requirements, recommendations, and measures to reduce the risk and potential impacts to acceptable levels, as determined by the SBCFPD. 2 https://sbcfire.org/readysetgofire/ Packet Page. 888 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 x JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 889 14428 1 JULY 2025 1 Introduction This Preliminary Fire Protection Plan (FPP) has been prepared for the proposed University Hills single-family detached residential unit development (Project) in the County of San Bernardino (County), California. The purpose of this FPP is to evaluate the potential impacts resulting from wildland fire hazards associated with the Project’s land uses and identify and verify the proposed implementation measures adequately mitigate those risks to a level consistent with the County thresholds. Additionally, this plan established and memorializes the fire safety requirements and standards of the Fire Authority Having Jurisdiction (FAHJ), which is the San Bernardino County Fire Protection District (SBCFPD). Requirements, standards, and recommendations are based on Project-specific design features and incorporate input from the Project applicant, planners, engineers, and architects, as well as the SBCFPD. As part of the assessment, the FPP has considered the fire risks presented by the Project site including the property location, the site’s topography, geology, surrounding combustible vegetation (fuel types), climatic conditions, fire history, and proposed land uses for the Project site and the surrounding area. The plan addresses water supply, access, structural ignitability and fire resistive building features, fire protection systems and equipment, impacts to existing emergency services, defensible space, and vegetation management for the Project site and to address potential fire impacts to the surrounding area. This FPP also identifies and prioritizes areas for hazardous fuel reduction treatments and recommends the types and methods of treatment that will protect structures and essential infrastructures within the Project site. The FPP also recommends measures that developer and builders and the Property Manager will take to reduce the probability of structural and vegetation ignition. The Project is located within the boundaries of the SBCFPD and thus the FPP addresses the SBCFPD’s response capabilities and response travel time within the Project area, along with projected funding for facility improvements and fire service maintenance. The following tasks were performed toward the completion of this plan: ▪ Gather Project site specific climate, terrain, and fuel data; ▪ Collect Project site photographs; ▪ Process and analyze the data using the latest geographic information system (GIS) technology; ▪ Predict fire behavior using scientifically based fire behavior models, comparisons with actual wildfires in similar terrain and fuels, and experienced judgment; ▪ Analyze and guide design of proposed infrastructure; ▪ Analyze the existing emergency response capabilities; ▪ Assess the potential fire risk posed by the construction and operation of the Project to the Project site and surrounding area; and ▪ Prepare this FPP detailing how fire risk will be mitigated on the Project site and in the surrounding areas, ▪ Through a system of fuel modification, structural ignition resistance enhancements, and fire protection delivery system upgrades. Packet Page. 890 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 2 JULY 2025 Field observations were utilized to augment existing digital Project site data in generating the fire behavior models and formulating the recommendations presented in this FPP. Refer to Appendix A, Representative Photo Log for Project site photographs of existing conditions. 1.1 Intent The intent of this FPP is to provide fire planning guidance and requirements for reducing fire risk and demand for fire protection services associated with the Project. To that end, the fire protection “system” detailed in this FPP includes redundant layering of measures, including pre-planning, fire prevention, fire protection, passive and active suppression, and related measures proven to reduce fire risk. The fire protection system planned for the Project has proven, through real-life wildfire encroachment examples throughout Southern California, to reduce the fire risk associated with this type of residential development. 1.2 Applicable Codes and Existing Regulations The FPP demonstrates that the Project site would comply with the San Bernardino County Fire Protection District (SBCFPD) Fire Code (Ordinance No. FPD 23-01), San Bernardino County Development Code, Chapter 82.13 Fire Safety Overlay and California Code of Regulations, Title 24, Part 2, 2022 California Building Code (CBC), including Chapter 7A, which is based on the 2021 International Building Code, Part 2.5, 2022 California Residential Code (CRC), which is based on the 2021 International Residential Code (IRC), and Part 9, 2022 California Fire Code (CFC), including Chapter 49, which is based on 2021 International Fire Code (IFC). Additionally, SBCFPD references Fire Standards for informational purposes in clarifying and interpreting provisions of CFC, National Fire Protection Association (NFPA) and California Public Resources Code (PRC). Chapter 7A of the CBC addresses structural ignition resistance and reducing ember penetration into structures, a leading cause of structure loss from wildfires (California Building Standards Commission, 2023). Thus, code compliance is a critical component of the requirements of the FPP, given the Project’s wildland-urban interface (WUI) location and fire hazard severity zone designation. The entire Project site is located within an area considered to be a Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone (VHFHSZ) as designated by CAL FIRE3. Areas to west and south of the Project site are LRA High Fire Hazard Severity Zones (HFHSV) and Moderate Fire Hazard Severity Zones (MFHSVZ) (see Figure 1, Fire Hazard Severity Zone). It should be noted that CAL FIRE released new LRA FHSZ maps for Southern California on March 24, 2025. Local agencies have 120 days from receiving the maps from CAL FIRE to adopt the new maps or provide modifications that are additive. The review and possible acceptance of FHSZ designations in State Responsibility Area (SRA), LRA, and FRA will be in compliance with California Government Code Sections 51175 through 51189. Fire hazard designations are based on topography, vegetation, and weather, among other factors with more hazardous sites, including steep terrain, unmaintained fuels, and vegetation, and WUI locations. Projects situated in high and very high FHSZ areas require fire hazard analysis and the application of fire protection measures to create ignition-resistant structures and defensible communities within these WUI locations. HFHSZ and VHFHSZ designations do not, in and of themselves, indicate that it is unsafe to build in these areas. As described in this FPP, the University Hills Project site will meet all applicable fire and building code requirements for building in these higher fire hazard areas or meet the intent of the code through the application of Project site- specific fire protection measures. These codes have been developed through decades of post-fire structure saving 3 https://experience.arcgis.com/experience/6a9cb66bb1824cd98756812af41292a0 Packet Page. 891 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 3 JULY 2025 and loss evaluations to determine what causes building loss during wildfires. The resulting fire codes now focus on mitigating former structural vulnerabilities through construction techniques and materials so that the buildings are resistant to ignitions from direct flames, heat, and embers, as indicated in the 2022 CBC (Chapter 7A, Section 701A Scope, Purpose, and Application) (California Building Standards Commission, 2023). The Proposed Project will also be consistent with the following codes and regulations: ▪ Applicable sections of the 2022 California Building Code, including Ch. 7A – Materials and Construction Methods for Exterior Wildfire Exposure: minimum standards for a new building located in a WUI area to resist the intrusion of flame or burning embers projected by a vegetation fire. ▪ Applicable sections of the 2022 California Fire Code, including Chapter 49 (as adopted and amended, added to by SBCFPD 2022 Fire Code) – Requirements for Wildland-Urban Interface Fire Areas: minimum standards to increase the ability of a building to resist the intrusion of flame or burning embers being projected by a vegetation fire. ▪ California Public Resources Code, Div. 4, Part 2, Ch. 3, Sec. 4290: minimum fire safety standards related to defensible space in Hazardous Fire Areas; Sec. 4291: Defensible space maintenance on Mountainous, Forest-, Brush- and Grass-Covered Lands. ▪ California Government Code, Title 5, Div. 1, Part 1, Ch. 6.8, Sec. 51175-51189: Very High Fire Hazard Severity Zones. It should be noted the Project site is located within an area considered to be a LRA VHFHSZ as designated by CAL FIRE. ▪ California Government Code, Title 7, Div. 2, Ch. 4 Sec. 66474.02: requirements for tentative map approval in a very high fire hazard severity zone. 1.3 Project Summary 1.3.1 Location The Project proposes construction of three hundred and twenty-seven (327) single-family detached residential units located north of California State University San Bernardino campus on the opposite side of Badger Hill in the County of San Bernardino, California. Regional access to the Project site is provided by Interstate 215 (I-215) from the University Parkway Exit. Local access to the site is provided along Badger Canyon Road. The existing site and surrounding areas are shown in Figure 2, Project Location. The Project site covers a total gross area of 338.80 acres, including 36.46 acres designated for three-hundred twenty-seven (327) single-family detached residential units, 20.64 acres for streets, and 46.86 acres allocated to open space and parks. An additional 234.84 acres are identified as a designated remainder within Tentative Tract Map No. 20595. The site is identified by Assessor’s Parcel Numbers (APNs) 0265-041-12-0-000, 0265-051-09-0- 000, 0265-021-13-0-00, 0265-011-07-0-000, 0265-01-08-0-000, and 0265-011-06-0-000. The site is bounded on the north by a designated remainder APN: 0265-021-13, on the east APN: 0265-031-25, on the south by open space flood control basin and further APN: 0265-041-15, and on west by open space and further APN: 0265-041- 15 (Figure 2). A site visit conducted on February 24, 2025, by a Dudek Fire Protection Planner indicated that the site is currently vacant and undeveloped with naturally occurring vegetation which consists of low growing highly combustible plant species. The site is characterized by a large flat valley that is slightly sloping south. The Project site’s existing conditions are shown in Appendix A, Representative Photo Log. Packet Page. 892 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 4 JULY 2025 1.3.2 Project Description The University Hills Project (Project) proposes the development of three-hundred twenty seven (327) residential lots on a parcel of approximately 338.80 acres, located within thein the Hazardous Fire Area in the City of San Bernardino (Figure 3, Proposed Site Plan). The Project represents an amendment to the previously approved University Hills Specific Plan, incorporating 36.46 acres for residential and related uses, alongside 46.86 acres dedicated to open space and parks. Additionally, 234.84 acres are deemed as a designated remainder. Packet Page. 893 ÄÆ138 ÄÆ189 ÄÆ206 ÄÆ18 §¨¦215 Project Site - Parcel 1 FHSZ in LRA - Reclassified from SRA Very High High Moderate FHSZ in LRA - Recommended 2007-2011 Very High FHSZ in SRA - Effective April 1, 2024 Very High High Moderate 0 3,0001,500 Feet Da t e : 3 / 1 8 / 2 0 2 5 U s e r : l t e r r y P a t h : Z: \ P r o j e c t s \ j 1 4 4 2 8 0 0 \ M A P D O C \ U n i v e r s i t y H i l l s _ F i r e . a p r x M a p : F H S Z L a y o u t : F i g u r e 3 F H S Z - P a r 1 SOURCE: USGS 2024; CAL FIRE 2024 FIGURE 1 Fire Hazard Severity Zone Fire Protection Plan - University Hills Project Packet Page. 894 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 6 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 895 18 18 206 215 Project Location Fire Protection Plan - University Hills Project SOURCE: USA Topo Maps 7.5 Minute Series San Bernardino North Quadrangle Township 1N; Range 4W; Section 4-5 and 8-9 Da t e : 3 / 1 8 / 2 0 2 5 - L a s t s a v e d b y : l t e r r y - P a t h : Z : \ P r o j e c t s \ j 1 4 4 2 8 0 0 \ M A P D O C \ D O C U M E N T \ F P P \ F i g u r e 1 P r o j e c t L o c a t i o n - P a r 1 . m x d Project Site - Parcel 1 FIGURE 2 Adelanto Apple Valley Barstow Big Bear Lake Blythe Bradbury Brea California City Canyon Lake Coachella Colton Desert Hot Springs Indian Wells Lancaster Needles Palm Springs Palmdale Rancho Mirage Ridgecrest San Jacinto Temecula Tustin Twentynine Palms Victorville Wildomar Yucca Valley I m p e r i a l C o u n t y I n y o C o u n t y R i v e r s i d eC o u n t y 395 66 95 243 18 247 74 91 206 330 178 173 86 177 79 78 60 14 2 58 38 111 138 127 5 15 605 215 10 15 210 40 405 S A N B E R N A R D I N O C O U N T YProject Site 0 2,0001,000 Feet Parcel 1 Packet Page. 896 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 8 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 897 Da t e : 7 / 7 / 2 0 2 5 U s e r : k h o l m e s P a t h : Z: \ P r o j e c t s \ j 1 4 4 2 8 0 0 \ M A P D O C \ U n i v e r s i t y H i l l s _ F i r e . a p r x M a p : P r o p o s e d S i t e P l a n L a y o u t : F i g u r e 3 - P r o p o s e d S i t e P l a n _ 2 0 2 5 0 7 0 7 0 370185Feetn SOURCE: Kimley Horn 2025 Fire Protection Plan - University Hills Project Proposed Site Plan FIGURE 3 SAN BERN A R D I N O C O U N T Y FLOOD CO N T R O L D I S T R I C T PROPERT Y N CAMPU S P A R K W A Y STATE O F C A L I F O R N I A P R O P E R T Y EX. U N I V E R S I T Y CAM P U S C I R C L E SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT PROPERTY STATE OF CALIFORNIA PROPERTY TOTAL LOT COUNT = 327 Packet Page. 898 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 10 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 899 14428 11 JULY 2025 2 Project Site Risk Analysis 2.1 Field Assessment After reviewing available digital study area information, including topography, vegetation types, fire history, and the Project’s development footprint, a Dudek Fire Protection Planner conducted a field assessment of the University Hills Project area in February 24, 2025, in order to confirm and acquire Project site information, document existing conditions, and to determine potential actions for addressing the protection of the Project’s structures. While on the Project site, Dudek’s Fire Protection Planner assessed the area’s topography, natural vegetation, fuel loading, surrounding land use and general susceptibility to wildfire. The completed field tasks include: ▪ Vegetation estimates and mapping refinements. ▪ Fuel load analysis. ▪ Topographic features documentation. ▪ Photograph documentation. ▪ Confirmation and verification of hazard assumptions. ▪ Off-site, adjacent property fuel and topography conditions. ▪ The surrounding land use confirmations. ▪ Necessary fire behavior modeling data collection. ▪ Ingress and egress documentation. ▪ Nearby Fire Station reconnaissance. Study area photographs were collected (refer to Appendix A, Representative Photo Log), and fuel conditions were mapped using aerial images. Field observations were utilized to augment existing Project site data in generating the fire behavior models and formulating the recommendations detailed in this FPP report. 2.2 Project Site Characteristics and Fire Environment Fire environments are dynamic systems and include many types of environmental factors and Project site characteristics. Fires can occur in any environment where conditions are conducive to ignition and fire movement. Areas of naturally vegetated open space are typically comprised of conditions that may be favorable to wildfire spread. The three major components of fire environment are topography, climate, and vegetation (fuels). The state of each of these components and their interactions with each other determines the potential characteristics and behavior of a fire at any given moment. It is important to note that wildland fire may transition to urban fire if structures are receptive to ignition. Structure ignition depends on a variety of factors and can be prevented through a layered system of protective features including fire resistive landscapes directly adjacent to the structure(s), application of known ignition resistive materials and methods, and suitable infrastructure for firefighting purposes. Understanding the existing wildland vegetation and urban fuel conditions on and adjacent to the Project site is necessary to understand the potential for fire within and around the Project site. The following sections discuss the Project site characteristics, local climate, and fire history within and surrounding the Project site. The University Hills Project is similar concerning topography, vegetative cover, and proximity to Packet Page. 900 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 12 JULY 2025 adjacent residential areas, available access, and planned use. The following sections discuss the characteristics of the Project site at a regional scale. The intent of evaluating conditions at this macro-scale is providing a better understanding of the regional fire environment, which is not constrained by property boundary delineations. 2.2.1 Topography Topography influences fire risk by affecting fire spread rates. Typically, steep terrain results in faster fire spread up- slope and slower fire spread down-slope in the absence of wind. Terrain that forms a funneling effect, such as chimneys, chutes, or saddles on the landscape can result in especially intense fire behavior. Conversely, flat terrain similar to this Project site, tends to have an insignificant effect on fire spread, resulting in fires that are driven by vegetation and wind. The overall Project site is relatively flat as it sits in large flat valley that is slightly sloping south, away from the San Bernardino Mountains towards the base of Badger Hill. Elevations at the Project site range from approximately 1,613 feet above mean sea level (AMSL) at the southern boundary to 1,865 feet AMSL at the northern limits of the site. Adjacent open space slightly slopes down along the western and southern borders of the project site. 2.2.2 Climate Throughout Southern California and particularly at the Project site, climate plays a significant role in influencing fire risk. The region experiences a typical Mediterranean climate, characterized by warm, dry summers and cool, wet winters. Average high temperatures range from approximately 43°F in December to around 96°F in August. Precipitation has been averaging between 0.04 inches to 2.3 inches and typically occurs between November to April. The average hourly wind speed ranges between 5.3 mph and 7.1 mph. The prevailing wind direction is an onshore flow from the west.4 From a regional perspective, the fire risk in southern California can be divided into three distinct “seasons” (Nichols et al. 2011, Baltar et al 2014). The first season, the most active season and covering the summer months, extends from late May to late September. This is followed by an intense fall season characterized by fewer but larger fires. This season begins in late September and continues until early November. The remaining months, November to late May cover the mostly dormant, winter season. Mensing et al. (1999) and Keeley and Zedler (2009) found that large fires in the region consistently occur at the end of wet periods and the beginning of droughts. Fires can be a significant issue during summer and fall, before the rainy period, especially during dry Santa Ana wind events. Although Santa Ana events can occur anytime of the year, they generally occur during the autumn months, although the last few years have resulted in spring (April - May) and summer events. Santa Ana winds may gust up to 75 miles per hour (mph) or higher. This phenomenon markedly increases the wildfire danger and intensity in the Project area by drying out and preheating vegetation (fuel moisture of less than 5% for 1-hour fuels is possible) as well as accelerating oxygen supply, and thereby, making possible the burning of fuels that otherwise might not burn under cooler, moist conditions. The prevailing wind pattern is from the west (onshore), but the presence of the Pacific Ocean causes a diurnal wind pattern known as the land and sea breeze system. During the day, winds are from the west–southwest (sea), and at night winds are from the northeast (land). The highest wind velocities are associated with downslope, canyon, and Santa Ana winds. 4 https://weatherspark.com/y/1969/Average-Weather-in-San-Bernardino-California-United-States-Year-Round Packet Page. 901 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 13 JULY 2025 2.2.3 Vegetation 2.2.3.1 Fuels (Vegetation) The proposed Project site and surrounding areas primarily support low- to- moderate-load sage scrub plant communities intermixed with non-native grasslands, and disturbed habitat. Vegetation types were derived from an on-site field assessment of the Project site. The majority of the areas adjacent to the Project site are vegetated with sage scrub interspersed with grasses, riparian, and sparse deciduous trees. The vegetation cover types were assigned corresponding fuel models for use during Project site fire behavior modeling. Section 3.0 describes the fire modeling conducted for the Project Area. 2.2.3.2 Vegetation Dynamics The vegetation characteristics described above are used to model fire behavior, discussed in Section 3.0 of this FPP. Variations in vegetative cover type and species composition have a direct effect on fire behavior. Some plant communities and their associated plant species have increased flammability based on plant physiology (resin content), biological function (flowering, retention of dead plant material), physical structure (bark thickness, leaf size, branching patterns), and overall fuel loading. For example, non-native grass dominated plant communities become seasonally prone to ignition and produce lower intensity, higher spread rate fires. In comparison, sage scrub can produce higher heat intensity and higher flame lengths under strong, dry wind patterns, but does not typically ignite or spread as quickly as light, flashy grass fuels. As described, vegetation plays a significant role in fire behavior and is a critical component to the fire behavior models discussed in this report. A critical factor to consider is the dynamic nature of vegetation communities. Fire presence and absence at varying cycles or regimes disrupts plant succession, setting plant communities to an earlier state where less fuel is present for a period of time as the plant community begins its succession again. Simply stated, high frequency fires tend to convert shrublands to grasslands or maintain grasslands, while fire exclusion tends to convert grasslands to shrublands, over time. In general, biomass and associated fuel loading will increase over time, assuming that disturbance (fire, or grading) or fuel reduction efforts are not diligently implemented. It is possible to alter successional pathways for varying plant communities through manual alteration. This concept is a key component in the overall establishment and maintenance of the proposed fuel modification zones on-site. The fuel modification zones on the Project site will consist of irrigated and maintained landscapes as well as thinned native fuel zones that will be subject to regular “disturbance” in the form of maintenance and will not be allowed to accumulate excessive biomass (live or dead) over time, which results in reduced fire ignition, spread rates, and intensity. Conditions adjacent to the Project’s footprint (outside the fuel modification zones), where the wildfire threat will exist post-development, are classified as low to medium fuel loads due to the dominance of sage scrub-grass fuels. 2.2.4 Fire History Fire history is a critical component of an FPP. Fire history data provides valuable information regarding fire spread, fire frequency, most vulnerable areas, and significant ignition sources, amongst others. In turn, this understanding of why fires occur in an area and how they typically spread can then be used for pre-planning and designing defensible communities. Packet Page. 902 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 14 JULY 2025 Fire history represented in this FPP uses the Fire and Resource Assessment Program (FRAP) database. FRAP summarizes fire perimeter data dating to the early 1900s but is incomplete due to the fact that it mostly includes fires over 10 acres in size and has incomplete perimeter data, especially before the mid-20th century (Syphard and Keeley 2016). However, the data does provide a summary of recorded fires and can be used to show whether large fires have occurred in the Project area, which indicates whether they may be possible in the future. According to available data from the CAL FIRE in the FRAP database, there have been 135 fires that have burned within 5 miles of the site since the beginning of the historical fire data record, the majority of which have burned within the San Bernadino Mountains, northeast and northwest of the Project site. Recorded wildfires within 5 miles range from approximately .38 acres to approximately 91,428 acres (2003 Old Fire). The 2003 Old Fire merged with the 2003 Grand Prix Fire crossing into Los Angeles County (2003 Padua Fire), one of the fourteen fires creating the 2003 Fire Siege. The 2003 Fire Siege combined a total of fourteen wildfires scorching over 750,000 acres in seven southern California counties5. Prior to that, the 1980 Panorama Fire (approximately 23,626 acres) destroyed three- hundred and twenty-five (325) buildings and four (4) fatalities, had been the area’s most devasting fire. The 2020 El Dorado Fire (approximately 22,774 acres) is the most significant recent fire, resulting in ten (10) destroyed structures, six (6) damaged structures and one firefighter death. There have been only two (2) fires on record that have burned on the Project site, the 1967 County Roads #15 Fire (approximately 453 acres) and the 1979 Sierra Series (approximately 1,838 acres)6. SBCFPD may have data regarding smaller fires (other fires less than 10 acres) that have occurred on-site that have not been included herein. Fire history for the general vicinity of the Project site is illustrated in Appendix B, Fire History Map. Based on an analysis of the fire history data set, specifically, the years in which the fires burned, the average interval between wildfires within 5 miles of the site was calculated to be approximately every one to two years with intervals ranging between 0 (multiple fires in the same year) to 11 years. It should be noted that the longer end of this interval is from the first half of the 20th century, where the database is incomplete. Based on the analysis, it is expected that there will be wildland fires within 5 miles of the site at least every 11 years and on average, every one or two years, as observed in the fire history record. Based on fire history, wildfire risk for the site is associated primarily with a Santa Ana wind driven wildfire burning or spotting on-site from the north. 2.3 Analysis of Wildfire Risk from Adding New Development Humans (i.e., human related activities or human created features, services (i.e., powerlines and electrical equipment), or processes) are responsible for the majority of California wildfires (Syphard et al. 2007, 2008; Romero-Calcerrada et al. 2008). Certain human activities result in sparks, flames, or heat that may ignite vegetative fuels without proper prevention measures in place. These ignitions predominantly occur as accidents, but may also be purposeful, such as in the case of arson. Equipment and powerlines cause a substantial number of fires in San Bernardino County. After that, roadways are a particularly high source for wildfire ignitions due to high usage and vehicle-caused fires (catalytic converter failure, overheated brakes, dragging chains, tossed cigarettes, and others) (Romero-Calcerrada et al. 2008)). In Southern California, the population living at, working in, or traveling through the wildland urban interface is vast and provides a significant opportunity for ignitions every day. However, it is a relatively rare event when a wildfire occurs, and an even rarer event when a wildfire escapes initial containment efforts. Approximately 90 to 95% of wildfires are controlled below 10 acres (CAL FIRE 2019). 5 https://permanent.fdlp.gov/lps47731/2003FireStoryInternet.pdf 6 https://calfire-forestry.maps.arcgis.com/apps/mapviewer/index.html?layers=e3802d2abf8741a187e73a9db49d68fe Packet Page. 903 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 15 JULY 2025 Research indicates that contained development projects like the University Hills Project, are not associated with increased vegetation ignitions. Syphard and Keeley (2015) summarize all wildfire ignitions included in the CALFIRE Fire and Resource Assessment Program (FRAP) database dating back over 100 years. They found that equipment- caused fires were by far the most numerous – and these also accounted for most of the area burned – followed closely by the area burned by powerline fires. Ignitions classified as equipment caused frequently resulted from exhaust or sparks from power saws or other equipment with gas or electrical motors, such as lawn mowers, trimmers or tractors and associated with lower density housing. In San Diego County, and in areas like the open space areas near the Project site in San Bernardino County, ignitions were more likely to occur close to roads and structures, and at intermediate density land uses and structure densities. As Exhibits 1 through 3 illustrate, new project density directly influences susceptibility to fire because in high density projects like the University Hills Project, there is one interface (the Project perimeter) with the wildlands whereas lower density development creates more structural exposure to wildlands, less or no ongoing landscape maintenance (an intermix rather than interface), and consequently more difficulty for limited fire resources to protect well-spaced buildings. The intermix includes development amongst the unmaintained fuels whereas the proposed Project converts all fuels within the footprint and provides a wide, managed fuel modification zone separating buildings from unmaintained fuel and creating a condition that makes defense easier. The majority of the Project site will be non-combustible paved surfaces, which will function as a fuel break because it will not allow ignition or fire spread. Syphard and Keeley go on to state that “The WUI, where housing density is low to intermediate is an apparent influence in most ignition maps,” further enforcing the conclusion that lower density development poses a higher ignition risk than higher density development. They also state that “Development of low-density, exurban housing may also lead to more homes being destroyed by fire” (Syphard et al. 2013). As discussed in detail throughout this FPP, the University Hills Project site is a planned ignition resistant residential development designed to include professionally managed and maintained fire protection components, and modern fire code compliant safety features that will greatly reduce the hazard of fire spreading from the wildlands to the Project or from the Project to the adjacent wildlands. The conversion of the land within the current Project footprint to the proposed condition will reduce the amount of structures and their associated ignition potential from the dangerous state of low-density development described by Syphard and Keeley to ignition-resistant structures and Project perimeter. Therefore, the development of the Project would not be expected to materially increase the risk of vegetation ignitions and would rather be expected to have reduced ignition potential. Packet Page. 904 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 16 JULY 2025 Exhibit 1. Example of “higher density” development. Homes are ignition resistant and excludes readily ignitable vegetative fuels throughout and provides a perimeter fuel modification zone. This type of new development requires fewer fire resources to defend and can minimize the likelihood of on-site fires spreading off-site. Packet Page. 905 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 17 JULY 2025 Exhibit 2. Example of “moderate density” development. Homes are located on larger properties and include varying levels of ignition resistance and landscape and fuel modification provision and maintenance. This type of development results in a higher wildland exposure level for all homes and does not provide the same buffers from wildfire encroaching onto the site or starting at a structure and moving into the wildlands as a higher density project. Packet Page. 906 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 18 JULY 2025 Exhibit 3. Example of “lower density” development. Homes are interspersed amongst wildland fuels, are of varying ages, and include varying levels of fuel modification zone setbacks. Homes are exposed to most or all sides by flammable vegetation and properties rely solely on owners for maintenance, are often far distances from the nearest fire station, and have minimal buffer from on-site fire spreading to wildlands. Moreover, frequent fires and lower density housing growth may lead to the expansion of highly flammable exotic grasses that can further increase the probability of ignitions (Syphard et al. 2012). This is not the case with the Proposed Project as the landscapes are managed and maintained to remove exotic fuels that may establish over time. As discussed above, research indicates that it is less likely for higher density developments to be impacted by wildfires than lower density developments. The same protections that starve wildfire of fuels and minimize or prevent wildfire from transitioning into a contained, fuel-converted Project, such as the University Hills Project, also serve to minimize or prevent on-site fires from transitioning into the wildlands. Customized project FMZs are crucial as the strategic design and placement of fuels treatments can disrupt or slow fire spread, reduce fire intensity, and facilitate fire suppression within a landscape (Braziunas et al., 2021). This is true regardless of the direction a vegetation fire may be burning – whether toward a development or from within a development. The risk of a structure being destroyed is significantly lower when defensible space is implemented on both shallow and steep properties (Syphard et al., 2014). Even if just half the landscape is treated, the percentage of houses exposed to fire can decrease from 51% to 16% (Braziunas et al., 2021). Moreover, when FMZs are designed properly, they not only protect structures but also the surrounding environment. For example, when the Tahoe Basin experienced the Angora Fire in 2007, fuel treatments had the dual effect of saving homes and increasing forest survival (Safford et al., 2009). In areas where fuel management had been conducted prior to the Angora Fire, home loss was significantly reduced in the adjacent community and 85% of the trees survived, as compared to the 22% that Packet Page. 907 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 19 JULY 2025 survived in untreated areas (Safford et al., 2009).Fuel management treatments also facilitated the ecological benefit of reduced fire severity, including higher post-fire soil litter cover, higher herbaceous plant cover, higher diversity, and lower levels of invasive beetles (Safford et al., 2009). At a minimum, managing defensible space can reduce risk across multiple scales by damping fire risk, reducing the impact of fire, and in turn reducing annual fire risk (Braziunas et al., 2021). The University Hills Project can be compared to these high density developments as it shares similar characteristics. The majority of the Project site will be composed of non-combustible paved surfaces to reduce ignitions and fire spread. These measures will reduce the Project’s overall susceptibility to fire, compared to low density developments. Further, the requirement that all structures will include the installation of an automatic interior fire sprinkler system significantly reduces the likelihood that a building fire spreads to the point of flashover, where a structure will burn beyond control and produce embers. Interior sprinklers are very efficient, keeping fires to the room of origin, or extinguishing the fire before the responding firefighters arrive. Similarly, the irrigated fuel modification zones are positioned throughout the Project. Irrigated zones include plants with high internal moisture and spacing between plants and plant groups that 1) make it difficult to ignite and 2) make it difficult for fire to spread plant to plant. Further, much of the Project area will be converted to non-combustible paved surfaces where no fires can ignite or spread. Lastly, the additional humans on the site result in fast detection of fires and fast firefighter response, a key in limiting the growth of fires beyond the incipient stage. 2.4 Off-site Wildfire Impacts It is a relatively rare event when a wildfire occurs, and an even rarer event when a wildfire escapes initial containment efforts. Approximately 90 to 95% of wildfires are controlled below 10 acres (CAL FIRE 2019). Studies (Keeley & Syphard 2018; Syphard et al. 2007; Syphard & Keeley 2015) show the ignition resistance and fire safety awareness of the Project and its population influences the likelihood of fire ignitions and the potential for fire to spread off-site into adjacent wildland fuels and negative impact existing communities. As the research indicates, humans can drive wildfire ignition risk, but not discussed, they can also reduce it. When fire protection is implemented at the parcel level and leverages ignition resistant building materials, infrastructure improvements, and landscape design, the wildfire risk can be significantly reduced in the surrounding environment (Newman et al., 2013). When wildfire is planned for and incorporated into the building design, such as with the Project, it can not only withstand wildfire but prevent it. This prevention benefits the Project and the surrounding areas by reducing the landscape level fire risk. Further, given the Project’s multi-scale approach to fire protection, it is unlikely that the Project would be a significant source of ignitions and result in increased off-site impacts related to wildfire, as discussed herein. Common ignition sources in Southern California are related to powerlines and vehicles (Keeley & Syphard, 2018). Powerlines-based ignitions are a concern with respect to off-site wildfire impacts. The highest likelihood of vegetation ignitions in the Project area would be related to existing roadways such as the new Badger Canyon Road and existing North Campus Parkway. However, the Project provides roadside fuel modification through a fire break along Badger Canyon Road and North Campus Parkway. Ongoing maintenance of these irrigated landscapes will continue in perpetuity as part of the Project. These efforts reduce or minimize the ability for a vehicle related spark, catalytic converter failure, or other ignition source to ignite and spread fire from the roadsides towards the Project. The Project is not expected to significantly increase the already known fire risk associated with roads and in fact the Project- and road-adjacent fuel modification would aid in reducing the preexisting risk. Interior roadways in the parking lot are also not expected to result in significant vehicle ignitions. The on-site roadways would comply with all fire department access requirements and be encompassed by the ignition-resistant construction of the building, Packet Page. 908 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 20 JULY 2025 non-combustible paved surfaces, and irrigated landscaping. Therefore, even if ignition were to occur on the Project interior roadways it is highly unlikely, and less likely than current conditions that it would spread beyond the Project site due to the level of hardscape and the adjacent fuel modifications areas. Reducing WUI exposure can address the protection of a wide range of highly valued resources and can offer protection to critical resources, habitat communities, and landscapes (Scott et al., 2016). Despite the potential for more frequent fire ignitions from developments, when developments are planned accordingly, such as the Project, the fuel availability and fuel continuity decrease, while the probability of fire suppression increases (Fox et al., 2018). This is a result of planned alterations to fuel, increased ignition resistant construction, enhanced fire protection features, higher wildfire risk awareness, and maintenance of fire protection features. The dual benefit of building a fire-hardened project, like the University Hills Project, is that the same features that protect the development from wildfire also play a significant role in protecting wildlands and surrounding areas from Project- related fires. 2.4.1 Vegetation Management A study in Southern Italy found that the ignition potential of an area was significantly influenced by landcover types and human drivers were low or inconsistent (Elia et al., 2019). Urban interfaces with shrubland-dominated vegetation were found to be more fire-prone than those with grasslands or other natural spaces (Elia et al., 2019). The Project area is a mixture of non-native grasslands, sage scrub, and disturbed habitats. All the existing fuel on the site and within FMZ areas will be converted into hardscape or irrigated landscaping. The fuel conditions will be addressed through various vegetation management techniques, such as fuel modification zones (FMZs). The original intent of FMZs, also known as defensible space, was to protect natural resources from fires in developed areas and have since evolved to protect communities and structures. In an FMZ, combustible vegetation would be removed and/or modified and partially or totally replaced with more appropriately spaced drought-tolerant, fire- resistant plants. The goal is to provide a managed area where fire spread is not facilitated toward the Project or away from the Project into wildland areas. Fuel modification works by redistributing the risk of fire on a landscape and altering the interaction between fire, fuels, and weather (Cochrane et al., 2012). FMZs typically target surface fires but can also reduce the likelihood of canopy fires, lower ember cast, and have a shadow effect on the untreated landscape by lowering the probability of burning and the potential fire size (Cochrane et al., 2012). As a result, the risk of a structure being destroyed, whether from a fire from within the development or outside the development, is significantly lower when defensible space is implemented. The Project FMZ will serve to create defensible space around the structures. Defensible space adjacent to structures also functions to limit the spread of fire from the built environment into off-site vegetation because the irrigated and maintained landscapes do not readily facilitate vegetation ignition or fire spread. Implementing defensible space can reduce the likelihood of structural ignition and support landscape-level risk reduction. The FMZ areas function as fuel breaks which are crucial in reducing fire risk and facilitating effective fire prevention (Wang et al., 2021). The irrigated zone acts as a green barrier that uses specific vegetation growth, such a high-internal moisture, fire-resistive species, to reduce fire spread (Wang et al., 2021). The high-internal moisture and spacing between plant groups make it more difficult for ignition to occur and fires to spread from plant to plant. This affects fire behavior by reducing flame lengths, slowing spread rates, and lowering fire intensity. If a fire from a structure or vehicle spreads to the irrigated zone the fire-resistive species in this zone would be less likely to ignite, reducing the likelihood of the fire spreading off-site (Wang et al., 2021). The use of irrigated areas to reduce wildfire impacts can achieve wildfire mitigation and offer wildfire protection in fire-prone areas beyond the Project site (Wang et al., 2021). Further, fuel treatments also have an ecological benefit by reducing the potential fire Packet Page. 909 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 21 JULY 2025 severity which can result in high post-fire litter cover, higher herbaceous plant cover, higher biodiversity, and lower levels of invasive pests, benefiting adjacent open space areas (Safford et al., 2009). The benefits of defensible space and FMZs are not solely limited to the built environment. Positioning the low plant density, irrigated areas directly adjacent to the ember-resistant Zone 0, and implementing defensible space provides a significant buffer between structures and open space areas. These techniques aid in preventing ignitions in the built environment but also across the larger landscape. However, long-term protection of the development and the surrounding area is dependent on the maintenance of fuel modification as even fire-safe designs can degrade over time. To alleviate this the Project will conduct regular assessments of the FMZs. During this maintenance, dead and dying material and undesirable plants will be removed. Thinning will also be conducted as necessary to maintain plant spacing and fuel densities. This will keep the FMZs and landscaped areas in a highly fire resistive condition free of accumulated flammable debris and plants. Fuel treatments and defensible space do more than just protect structures. When they are a component of a place- based fire-hardened design, such as the Project, they can not only serve to protect structures from wildfire but function as a buffer for natural areas and surrounding communities. These features will further reduce the potential for wildfire in open space areas and potential impacts on surrounding communities. 2.4.2 Firefighter Response As discussed in Section 4 below, the Project is anticipated to have an insignificant impact on the workload or response capacity from the closest fire station. Further, the on-site roads would be able to provide sufficient access for fire apparatus in a high-risk area. The Project also provides water supply and fire flow which are critical resources in firefighting. The Project defensible space areas will allow firefighters to safely position themselves at the development edge and begin tactical protection efforts (Warziniack et al., 2019). This allows firefighters to not only readily protect structures and reduce the likelihood of building ignitions but also gives them a safe position to respond to off-site wildfires. Using the Project’s fire protection features firefighters would be able to use the Project as a tactical resource for protecting open space areas, whether it be from on-site or off-site fires. The Project would create additional access for fire apparatuses that were not previously existing. Enhancing firefighters’ ability to respond to an incident increases their ability to suppress a fire whether on-site or off-site. The presence of on-site fire resources increases response capacity and could be the difference between a small fire or a full conflagration. 2.4.3 Ignition Resistant and Noncombustible Construction The WUI fire problem is largely structures lacking ignition resistant features (i.e., ember resistant vents, interior sprinklers); therefore, the best mitigation is to reduce the likelihood of building ignition occurring (Zhou, 2013). Structural characteristics play a significant role in whether a building burns, which is important in WUI environments as structures also serve as fuel (Gorte, 2011). The benefit of structure-based mitigation is that it not only lowers the on-site risk but also lowers the risk of wildfire across a landscape (Mockrin et al., 2020). In WUI areas, this is because structures are also fuels that can spread a fire into open space. With the incorporation of ignition-resistant construction, the likelihood of structural ignition occurring within the Project area is minimized. The Project will provide new code compliant, ignition resistive structures, which lowers the threat from on-site fires impacting off- site areas as the structures themselves are highly unlikely to function as fuel. The Project includes vent coverings to prevent ember penetration, and the Project buildings will also include NFPA 13D automatic interior fire sprinkler systems for occupancy type in every residential building. This is crucial in preventing off-site impacts as embers can also be generated by a structure fire and can be blown over the fuel modification into native fuels. Automatic Packet Page. 910 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 22 JULY 2025 sprinklers can isolate a fire to the point of origin, limit its ability to spread to the rest of the building, and even extinguish a fire before the responding firefighters arrive, thus damping the likelihood of ember production. The installation of an interior fire sprinkler system within each structure also reduces impacts on fire response capacity as the automatic sprinklers will allow firefighters to focus on reducing additional ignitions beyond the point of origin. Structure design, such as Project’s, is crucial in protecting an area against wind-driven fires. The Project provides features that not only prevent fire intrusion but prevent structures fires from escaping into off-site areas. This allows the Project to not only protect the immediate area but the surrounding environment. 2.4.4 Shelter in Place Capability Sheltering-in-place is the practice of going or remaining indoors during or following an emergency event. This procedure is recommended if there is little time for the public to react to an incident and it is safer for the public to stay indoors for a brief time rather than travel outdoors. According to common Emergency Operations Plan language, shelter-in-place is an approach that has been used and is actively contemplated for emergencies, including wildfires. Shelter-in-place advises people to stay secure at their current location. Consistent with the Project’s approach, this tactic shall only be used if an evacuation causes a higher potential loss of life. Consideration should be given to assigning incident personnel to monitor the safety of citizens remaining in place. The concept of shelter-in-place is an available option in those instances where physical evacuation is impractical. Sheltering-in-place provides a safe haven within the impacted area. This FPP provides significant evaluation and conclusions regarding the shelter-in-place capability of the Project’s buildings. Among other things, the Project has been designed to include ignition-resistant structures with the use of ignition resistant construction materials, effective defensible space and fuel management zones, ember protection, and other redundant structure, infrastructure, building code, and water supply and flow requirements established as containing adequate protective features to function as temporary shelters during wildfires. All the on-site structures could be utilized for temporary refuge during wildfire. In addition, there may be protected open- air areas that would be enhanced to serve as temporary sheltering sites as a contingency plan if evacuation is considered undesirable. These sites would be designated with input from SBCFD and may include green spaces, leeside of buildings, or other protected areas. Sheltering-in-place also has many advantages because it can be implemented immediately, allowing people to remain in their familiar surroundings, and providing individuals with everyday necessities such as telephone, radio, television, food, and clothing. However, the amount of time people can stay sheltered-in-place is dependent upon availability of food, water, medical care, utilities, and access to accurate and reliable information. It is not anticipated that any wildfire related shelter-in-place action would require longer than a few hours of on-site refuge. The decision on whether to evacuate or shelter-in-place is carefully considered with the timing and nature of the incident. Sheltering-in-place is the preferred method of protection for people that are not directly impacted or in the direct path of a hazard. This will reduce congestion and transportation demand on the major transportation routes for those that have been directed to evacuate by police or fire personnel. Like with most new developments that incorporate ignition resistant construction, wide fuel modification zones, ember protection, and fire defensibility throughout, responding fire and law enforcement personnel will be able to direct people temporarily refuge on-site in designated buildings in the rare situation where shelter-in-place is determined to be safer than evacuating. Packet Page. 911 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 23 JULY 2025 Shelter-in-place at this location in the planned structures will also be an option available to emergency managers during a wildfire event. A shelter-in-place plan will be prepared and provided to all on-site personnel outlining the actions to take if shelter in place notification is provided by emergency management sources. The Project buildings will be constructed of ignition resistant construction. Because of the ignition resistant construction, fuel modification zone setbacks and the type of lower fire intensity vegetative fuels in the vicinity of the site, sheltering in place is considered to be a safe option if a fast-moving wildfire precludes complete evacuation of the Project site. The heat flux produced by the nearest unmaintained vegetative fuels is not at a high enough temperature to ignite a concrete building even if it is directly next to the building. In this case, the heat would dissipate rapidly in the provided building setbacks and the concrete or stucco structures would be capable of absorbing any residual heated air that may intersect with the buildings. The primary concern is anticipated to be with smoke and air quality rather than exposure to flames and heated air. Measures to safely refuge persons within the buildings and minimize smoke and air quality issues would be enacted in this scenario. For example, when wildfire ignites, it is common for HVAC systems to be turned off and they can be fitted with sensors that turn them off automatically when smoke is detected. This minimizes the potential for drafting smoke through the ventilation system into the buildings. Project Design Feature: Most of the primary components of the Project’s layered fire protection system are required by Fire and Building codes, because they have been evaluated in the lab and in real-time wildfires and found to result in saved structures. They are worth listing because they have been proven effective for minimizing structural vulnerability to wildfire. They also make shelter-in-place possible as an evacuation contingency option when evacuation is not possible. Even though current Building and Fire Codes require these measures, at one time, many of them were used as mitigation measures for buildings in fire hazard areas, because they were known to reduce structure vulnerability to wildfire. These measures were adopted into the 2007 California Building Code and have been retained and enhanced in code updates since then. The following Project features are required for new development in fire hazard areas and would form the basis of the system to provide adequate access by emergency responders and provide the protection necessary to minimize structural ignitions: ▪ Application of the latest adopted ignition-resistant building codes; ▪ Exterior wall coverings are to be ignition resistant; ▪ For structures that achieve the minimum 100 feet of on-site fuel modification, all exterior windows, skylights, and exterior glazed door assemblies shall be constructed of multipaned glazing with a minimum of one tempered pane. All windows shall be UL listed, not of vinyl construction, and shall have a fire- resistant rating of not less than 20 minutes when evaluated according to NFPA 257/UL 263. ▪ Ember-resistant vents mesh screening should be between 1/16- and 1/8-inch noncombustible, corrosion resistant material (recommend BrandGuard, O’Hagin, or similar vents); ▪ NFPA 13D interior, automatic fire sprinkler systems within all residential buildings; ▪ Boxed or no eaves or soffits. ▪ There would be no use of paper-faced insulation or combustible installation in attics or other ventilated areas; ▪ There would be no use of plastic, vinyl (with the exception of vinyl windows with metal reinforcement and welded corners), or light wood on the exterior. - Any vinyl frames to have welded corners and metal reinforcement in the interlock area to maintain integrity of the frame certified to ANSI/AAMA/NWWDA 101/I.S 2 97 requirements. Packet Page. 912 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 24 JULY 2025 ▪ Skylights to be tempered glass (as applicable). ▪ Rain gutters and downspouts shall be non-combustible. They would be designed to prevent the accumulation of embers, leaf litter or debris, which can ignite roof edges, by requiring the installation of non-combustible debris covers and mesh over the top of rain gutters to minimize a common ignition point. ▪ Doors to be of approved noncombustible construction or would be solid core wood having stiles and rails not less than 1 3/8 inches thick or have a 20-minute fire rating. Doors to comply with City Building Code, ▪ There would be no combustible awnings, canopies, or similar combustible overhangs. ▪ No combustible fences to be allowed within 5 feet of structures. ▪ All chimneys and other vents on heating appliances using liquid fuel (no solid fuel burning appliances), including outdoor fireplaces and permanent barbeques and grills, shall have spark arrestors that comply with the City Code. The code requires that openings would be between 1/16- and 1/8-inch and the screen would have comparable heat and corrosion resistance to 19-gauge galvanized or 24-gauge stainless steel. Arrestors would be visible from the ground. ▪ Modern infrastructure, access roads, and water delivery system; ▪ Maintained FMZs. Notably, automatic interior fire sprinklers, which would be provided in all structures (required by code since 2010), have an extremely high reliability track record (NFPA 2021) of controlling fire in 96% of reported fires, and statistics indicate that fires in structures with sprinklers resulted in 82% lower property damage and 68% lower loss of life (Hall 2013). NFPA 13D fire sprinklers are designed for structure protection and life safety. For wildland fire defense, should embers succeed in entering a structure, sprinklers provide an additional layer of life safety and structure protection. Sheltering -In -Place as an Active Emergency Option Sheltering-in-place or providing temporary refuge when evacuation is considered undesirable is not a new idea. Sheltering-in-place has been a useful tool in the emergency management toolbox since the 1950’s. In some wildfire scenarios, temporarily sheltering in a protected structure is safer than evacuating. Huntzinger (2010) states that: “If sheltering in place can provide the community with the same level of protection from an emergency incident as mass evacuation, this will be the recommended practice to use.” Many civilian deaths have occurred when the population evacuated late and was exposed to wildfire on unprotected roadways (Braun, 2002, CFA 2004). By contrast, fire hardened projects that have implemented similar fire protection, setbacks, and building standards have fared well in fire events, making them suitable for temporary shelter. Developments constructed in accordance with modern fire-safe development standards also survived the 2003 Simi Fire, the 2008 Freeway Complex Fire, and the 2020 Silverado Fire without a single building lost. Nasiatka (2003) points out that another advantage to sheltering in place in an appropriately protected location is that there would be a substantial reduction in the number of evacuees that would need to be managed, allowing those evacuees at greater risk (i.e., in older, less protected communities) to evacuate more quickly. 2.4.5 Wildfire Risk Awareness Education The Project includes an education awareness program that is a key piece in wildfire prevention in the area (Steffey et al., 2020). This program will provide wildfire information for the area and create greater risk awareness for employees and customers. The wildfire education program will be facilitated by the BOA, property manager, or similar entity and will disclose the potential wildfire risk and the requirements of the FPP. The educational program will also include information regarding the necessary landscape maintenance and structural-based fire protection Packet Page. 913 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 25 JULY 2025 features. Having ongoing education included in the Project creates a heightened level of wildfire risk awareness and fire protection measures. This benefits both the Project and the surrounding areas as people would be more aware of the wildfire risk and potential impacts. Further, it decreases the likelihood the Project employees, customers, and other users would cause an uncontrolled ignition, and they would be aware of what steps to take if they observe an ignition. As such the impact on off-site areas would be further lowered by reducing the probability of ignition. As described above it is not as simple to say development in areas with high fire hazards will equate to increased wildfire risk. It is possible to develop in these areas when fire is incorporated into Project design and create a site that is not only hardened against fire but designed to prevent fires. The dual benefit of creating a development that can prevent a fire is that it offers protection to the surrounding developed areas and the environment. The requirements and recommendations outlined in the FPP have been designed specifically for the proposed construction in the Project’s location and can significantly reduce the potential threat to off-site areas. Packet Page. 914 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 26 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 915 14428 27 JULY 2025 3 Anticipated Fire Behavior 3.1 Fire Behavior Modeling Following field data collection efforts and available data analysis, fire behavior modeling was conducted to document the type and intensity of fire that would be expected to be adjacent to the Project site given characteristic site features such as topography, vegetation, and weather (see Figure 1, Fire Hazard Severity Zone and Appendix B, Fire History). Dudek utilized BehavePlus software package (Andrews, Bevins, and Seli 2008) to analyze potential fire behavior on and adjacent to the Project site, with assumptions made for the pre- and post-Project slope and fuel conditions. Results are provided below and a more detailed presentation of the BehavePlus analysis, including fuel moisture and weather input variables, is provided in Appendix C, Fire Behavior Modeling Summary. BehavePlus modeling is described below followed by the fire spread modeling details. 3.2 Fire Behavior Modeling Analysis An analysis was conducted to evaluate both pre- and post- Project vegetation fire behavior variables and to objectively predict flame lengths, intensities, and spread rates for two pre- proposed Project scenarios were evaluated, including one average summer weather conditions (southwest of the proposed Project site and northeast of the Project site). Additionally, two scenarios were run for post-Project conditions (one average and one extreme weather condition respectively). These fire scenarios incorporated observed fuel types representing the dominant vegetation representative within and adjacent to the development site, in addition to slope gradients, wind, and fuel moisture values for both the 50th percentile weather (summer, on-shore and off-shore winds) and the 97th percentile weather (fall, off-shore winds). Modeling scenario locations were selected to better understand different fire behavior that may be experienced on or adjacent to the Project site. To support the fire behavior modeling efforts conducted, a Dudek Fire Protection Planner analyzed the different vegetation types observed on and adjacent to the site and were classified into the aforementioned numeric fuel models. As is customary for this type of analysis, the terrain, and fuels directly adjacent to the site and proposed fuel modification zones (FMZ) are used for determining flame lengths and fire spread. Vegetation types, which were derived from the field assessment, were classified into fuel models. Fuel models are selected by their vegetation type, fuel stratum most likely to carry the fire, and depth and compactness of the fuels. Fire behavior modeling was conducted for vegetative types that are both on and adjacent to the proposed development. Fuel models were also assigned to illustrate post-Project fire behavior changes. Fuel models were selected from Standard Fire Behavior Fuel Models: a Comprehensive Set for Use with Rothermel’s Surface Fire Spread Model (Scott and Burgan 2005). Fuel models were also assigned to the fuel FMZs to illustrate post-Project fire behavior changes. Based on the anticipated existing and post-Project vegetation conditions, six different fuel models were used in the fire behavior modeling effort presented herein. Fuel model attributes are summarized in Table 1. Packet Page. 916 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 28 JULY 2025 Table 1. Fuel Models Used for Fire Behavior Modeling Fuel Model Type Title Description Application (Behave Run) Existing conditions SH5 High load dry climate shrub Heavy shrub load, depth 4 to 6 feet. Spread rate very high; flame length very high. Native chaparral vegetation SH2 Moderate load dry climate shrub The primary carrier of fire is woody shrubs and shrub litter. Depth about one foot, no grass fuel is present. Spread rate low; flame length low. Native sage and forb vegetation SCAL18 Sage scrub, buckwheat The primary carrier of fire is sage, buckwheat, and sparse grass. Average height about two to three feet. Spread rate moderate; flame length moderate. Native sage/buckwheat vegetation Post -Project GS1 Low load dry climate grass- shrub The primary carrier of fire is grass and shrubs combined. Shrubs are about one foot high; grass load is low. Spread rate moderate; flame length low. Thinned and maintained native vegetation FB8 Irrigated landscaping/ compact litter The primary carrier of fire is landscaping litter, though lesser amounts of fine dead fuel may be present. The landscaping material is generally hydrated with high moisture content. Spread rate low; flame length low. Irrigated landscaping NB1 Urban or suburban development Insufficient wildland fuel to carry wildland fire. Paved roadways, parking, hardscape Tables 2A and 2B summarize the weather and wind input variables used in the BehavePlus modeling process. Table 2A. Fuel Moisture and Wind Inputs Variable Weather Condition (50th Percentile) 1h Moisture 3% 10h Moisture 5% 100h Moisture 7% Live Herbaceous Moisture 60% Live Woody Moisture 90% 20-foot Wind Speed (mph) 20 BehavePlus Wind Adjustment Factor 0.4 Table 2B. Fuel Moisture and Wind Inputs Variable Weather Condition (97th Percentile) 1h Moisture 2% 10h Moisture 3% 100h Moisture 5% Live Herbaceous Moisture 30% Packet Page. 917 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 29 JULY 2025 Table 2B. Fuel Moisture and Wind Inputs Variable Weather Condition (97th Percentile) Live Woody Moisture 60% 20-foot Wind Speed (mph) 40 BehavePlus Wind Adjustment Factor 0.4 3.3 Fire Behavior Modeling Results The results presented in Tables 3 and 4 depict values based on inputs to the BehavePlus software and are not intended to capture changing fire behavior as it moves across a landscape. Changes in slope, weather, or pockets of different fuel types are not accounted for in this analysis; rather, the models provide a worse-case wildfire behavior condition as part of a conservative approach. For planning purposes, the averaged worst-case fire behavior is the most useful information for conservative fuel modification design. Model results should be used as a basis for planning only, as actual fire behavior for a given location would be affected by many factors, including unique weather patterns, small-scale topographic variations, or changing vegetation patterns. The results of fire behavior modeling analysis for pre- and post-Project conditions are presented in Tables 3 and 4, respectively. Identification of modeling run (fire scenarios) locations is presented graphically in Figure 4, BehavePlus Analysis Map. Fire Scenario locations and descriptions: ▪ Scenario 1. Fire flaming front approaching from the northeast towards the northern side of Parcel 1 Project boundary with 40 mph north/northeast winds; 18% downhill slope within 100 to 300 feet of edge of grading. - Existing conditions: undeveloped land off-site (to be preserved as open space) and on site with native vegetation (chaparral, sage scrub). - Post-development conditions : include the same off-site conditions with irrigated manufactured slopes, fuel modification zones, and paved roadways on site. ▪ Scenario 2. Fire flaming front approaching from the southwest towards the western boundary of the Parcel 1 western boundary with 20 mph west/southwest winds; 6% uphill slope within 400 feet of edge of grading. - Existing conditions: undeveloped land off-site and on-site with native vegetation (sage scrub, forbs). - Post-development conditions : include the same off-site conditions with irrigated manufactured slopes, fuel modification zones, and paved roadways on site. The results presented in Tables 3 and 4 depict values based on inputs to the BehavePlus software reflecting a “moment in time” and are not intended to capture changing fire behavior as it moves across a landscape. Changes in slope, weather, or pockets of different fuel types are not accounted for in this analysis, but the models provide the worst-case wildfire behavior condition as part of a conservative approach. For planning purposes, the averaged worst-case fire behavior is the most useful information for conservative fuel modification design. Model results should be used as a basis for planning only, as actual fire behavior for a given location would be affected by many factors, including unique weather patterns, small-scale topographic variations, or changing vegetation patterns. Packet Page. 918 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 30 JULY 2025 3.3.1 Existing Conditions As presented in Figure 4, BehavePlus Analysis Map, wildfire behavior in the off-site chaparral, modeled as SH5, would exhibit the most intense fire behavior with the sage/buckwheat vegetation, modeled as SCAL18 exhibiting similar fire behavior (refer to Table 3, Fire Behavior Results for Existing Conditions). A worst-case fire under gusty Santa Ana winds and low fuel moistures is expected to be moving up to 4.7 mph. Flame length values were modeled at 35.5 to 36.3 feet. Spotting is projected to occur up to 1.8 miles from the flaming front. The results of fire behavior modeling analysis for pre- and post-Project conditions are presented in Tables 3 and 4, respectively. Identification of modeling run (fire scenarios) locations is presented graphically in Figure 4, BehavePlus Analysis Map. Table 3. Modeling Results for Existing Conditions Fire Scenarios Spread Rate (mph) Fireline Intensity (BTU/feet/second) Flame Length (feet) Spotting Distance 1 (miles) Scenario 1: 18 % downhill slope, 40 mph wind from NE Fuel Model SH5 – Chaparral 4.7 13,958 36.3 1.8 Fuel Model SCAL18 – Sage, buckwheat 2.1 13,342 35.5 1.8 Fuel Model SH2 – Sage, forbs 0.7 1,515 13.1 0.9 Scenario 2: 6 % up hill slope, 2 0 mph wind from W /SW Fuel Model SH2 – Sage, forbs 0.3 603 8.6 0.4 Note: 1 Spotting distance from a wind driven surface fire. 3.3.2 Post-Development Conditions As presented in Table 4, Fire Behavior Results for Post-Project Conditions, Dudek conducted modeling of the Project site for post-development fuel recommendations for the Project. The fuel modification area includes thinning and maintained vegetation, irrigated landscaping, and paved roadways on the periphery of the proposed Project. For modeling the post-development condition, fuel modification was modeled as thinned native vegetation (Fuel Model GS1) and irrigated landscaping (Fuel Model 8). Fuel model assignments for all other areas remained the same as those classified for the existing condition. The fuel modification areas experienced a significant reduction in flame length and intensity. The flames predicted during pre-development modeling during extreme weather conditions are reduced to less than 3.0 feet in length at the outer edges of the development due to the lack of combustible material present and the higher live and dead fuel moisture content for the irrigated landscaping. Packet Page. 919 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 31 JULY 2025 Table 4. Modeling Results for Post-Project Conditions Scenario Flame Length (feet) Fireline Intensity (BTU/feet/second) Spread Rate (mph) Spotting Distance 1 (miles) Scenario s 1 : 25 % downhill slope, 40 mph wind from NE Fuel Model GS1 – maintained shrubs for fuel modification 11.1 1067 2.0 0.8 Fuel Model 8 – Irrigated landscaping/FMZ 2.6 46 0.1 0.3 Fuel Model NB1 – paved roadway NA NA NA NA Scenario s 2 : 20 % uphill slope, 20 mph wind from SW Fuel Model GS1 – maintained shrubs for fuel modification 7.2 411 0.8 0.4 Fuel Model 8 – Irrigated landscaping/FMZ 2.0 26 0.1 0.2 Note: 1 Spotting distance from a wind driven surface fire. The results presented in Tables 3 and 4 depict values based on inputs to the BehavePlus software and are not intended to capture changing fire behavior as it moves across a landscape. Changes in slope, weather, or pockets of different fuel types are not accounted for in this analysis, but the models provide the worst-case wildfire behavior condition as part of a conservative approach. For planning purposes, the averaged worst-case fire behavior is the most useful information for conservative fuel modification design. Model results should be used as a basis for planning only, as actual fire behavior for a given location would be affected by many factors, including unique weather patterns, small-scale topographic variations, or changing vegetation patterns. The following describes the fire behavior variables (Heisch and Andrews 2010) as presented in Tables 4 and 5: Surface Fire: ▪ Flame Length (feet): The flame length of a spreading surface fire within the flaming front is measured from midway in the active flaming combustion zone to the average tip of the flames. ▪ Fireline Intensity (Btu/ft/s): Fireline intensity is the heat energy release per unit time from a one-foot-wide section of the fuel bed extending from the front to the rear of the flaming zone. Fireline intensity is a function of rate of spread and heat per unit area and is related to flame length. Fireline intensity and the flame length are related to the heat felt by a person standing next to the flames. ▪ Surface Rate of Spread (mph): Surface rate of spread is the "speed" the fire travels through the surface fuels. Surface fuels include litter, grass, brush, and other dead and live vegetation within about 6 feet of the ground. The information in Table 5 presents an interpretation of the outputs for five fire behavior variables as related to fire suppression efforts. The results of fire behavior modeling efforts are presented in Tables 3 and 4. Identification of modeling run locations is presented graphically in Figure 4 of this FPP. Packet Page. 920 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 32 JULY 2025 Table 5. Fire Suppression Interpretation Flame Length (ft) Fireline Intensity (Btu/ft/s) Interpretations Under 4 feet Under 100 BTU/ft/s Fires can generally be attacked at the head or flanks by people using hand tools. Hand line should hold the fire. 4 to 8 feet 100-500 BTU/ft/s Fires are too intense for direct attack on the head by people using hand tools. Hand line cannot be relied on to hold the fire. Equipment such as dozers, pumpers, and retardant aircraft can be effective. 8 to 11 feet 500-1000 BTU/ft/s Fires may present serious control problems -- torching out, crowning, and spotting. Control efforts at the fire head will probably be ineffective. Over 11 feet Over 1000 BTU/ft/s Crowning, spotting, and major fire runs are probable. Control efforts at head of fire are ineffective. 3.4 Project Area Fire Risk Assessment Wildland fires are a common natural hazard in most of southern California with a long and extensive history. Southern California landscapes include a diverse range of plant communities, including vast tracts of grasslands and shrublands, like those found adjacent to the Project site. Wildfire in this Mediterranean-type ecosystem ultimately affects the structure and functions of vegetation communities (Keeley 1984) and will continue to have a substantial and recurring role (Keeley and Fotheringham 2003). Supporting this are the facts that 1) native landscapes, from forest to grasslands, become highly flammable each fall and 2) the climate of southern California has been characterized by fire climatologists as the worst fire climate in the United States (Keeley 2004) with high winds (Santa Ana) occurring during autumn after a six-month drought period each year. Based on this research, the anticipated growing population of western San Bernardino County WUI areas, and the regions fire history, it can be anticipated that periodic wildfires may start on, burn onto, or spot into the Project site. The most common type of fire anticipated in the vicinity of the Project area is a wind-driven fire from the north moving through the chaparral and sage scrub vegetation on the adjacent lands. With the conversion of the landscape to ignition-resistant development, wildfires may still encroach upon and drop embers on the site but would not be expected to burn through the site or produce sustainable spot fires due to the lack of available fuels. Studies indicate that even with older developments that lacked the fire protection provided in the Project, wildfires declined steadily over time (Syphard, et. al., 2007 and 2013) and further, the acreage burned remained relatively constant, even though the number of ignitions temporarily increased. This is due to the conversion of landscapes to ignition resistant, maintained areas, more humans monitoring areas resulting in early fire detection and discouragement of arson, and fast response from the fire suppression resources that are located within these developing areas. Therefore, it will be critical that the latest fire protection technologies, developed through intensive research and real-world wildfire observations and findings by fire professionals, for both ignition resistant construction and for creating defensible space in the ever-expanding WUI areas, are implemented, and enforced. The Project, once developed, would not facilitate wildfire spread and would reduce projected flame lengths to levels that would be manageable by firefighting resources for protecting the Project site’s structures, especially given the ignition resistance of the structures and the planned ongoing maintenance of the entire Project site landscape. Packet Page. 921 Parcel 1 206 Pat h: Z : \ Pr o je cts \ j 1 442 8 0 0\M AP D OC \ D O C U M ENT\FPP \ F ig ur e 5 B e h ave P l u sA n a ly si s M a p -Pa r 1.m x d Project Site - Parcel 1 0 1,500750 Feet SOURCE: AERIAL-ESRI IMAGERY (accessed 2025) FIGURE 4 BehavePlus Analysis Map Fire Protection Plan - University Hills Project SCENARIO RUN #1 BBehavePlus Modeling Results for Existing Conditions Fire Scenarios Spread Rate (mph) Fireline Intensity (BTU/feet/second) Flame Length (feet) Spotting Distance11 (miles) Scenario 1: 118% ddownhill slope, 40 mph wind from NE Fuel Model SH5 – Chaparral 4.7 36.313958 1.8 Fuel Model SCAL18 – Sage, buckwheat 2.1 35.513342 1.8 Fuel Model SH2 – Sage, forbs 0.7 13.11515 0.9 BBehavePlus Modeling Results for Post-PProject Conditions Scenario Flame Length (feet) Fireline Intensity (BTU/feet/second) Spread Rate (mph) Spotting Distance11 (miles) Scenario 1:: 25%% downhill sslope, 40 mph wind from NE Fuel Model GS1 – maintained shrubs for fuel modification 11.1 2.01067 0.8 Fuel Model 8 – Irrigated landscaping/FMZ 2.6 0.146 0.3 Fuel Model NB1 – paved roadway NA NANA NA SCENARIO RUN #2 Scenario 2:: 6% uphill slope, 20 mph wind from W/SW Fuel Model SH2 – Sage, forbs 0.3 8.6603 0.4 Scenario 2 : 220% uphill slope, 20 mph wind from SW Fuel Model GS1 – maintained shrubs for fuel modification 0.84117.2 0.4 Fuel Model 8 – Irrigated landscaping/FMZ 0.1262.0 0.2 Packet Page. 922 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 34 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 923 14428 35 JULY 2025 4 Emergency Response and Service 4.1 Emergency Response Fire Facilities The Project site is located within the San Bernardino County Fire Protection District (SBCFPD) jurisdictional response area. Regionally, SBCFPD fire, emergency medical, and rescue services from 57 fire stations (full time and paid/volunteer)7. Inland Counties Emergency Medical Agency (ICEMA) provides emergency medical services and transportation (ambulance service) for residents of San Bernardino, Inyo, and Mono Counties.8 The Valley Region Operating Area is American Medical Response (AMR)9. The SBCFPD serves over 2 million residents throughout 24 incorporated cities and all unincorporated portions of San Bernardino County’s Southern California Inland Empire. At 20,160 square miles, San Bernardino County is the largest county in the continental United States. Figure 5 illustrates the fire station locations and Table 6 provides a summary of the location, equipment, and staffing levels for the closest responding fire stations. The Project site lies within Battalion 4, East Valley Zone (Division 2) response area.10 SBCFPD has mutual aid agreements through CONFIRE, a Joint Powers Authority located in San Bernardino County California established to provide communications, dispatch, computer information systems support, and geographic information systems to CONFIRE members and contract agencies.11 CONFIRE member agencies are: Apple Valley Fire Protection District, Chino Valley Independent Fire District, Colton Fire Department, Loma Linda Fire Department, Rancho Cucamonga Fire District, Redlands Fire Department, Rialto Fire Department, San Bernardino County Fire District, Victorville Fire Department. The SBCFPD is the sponsoring agency of the California Office of Emergency Services Regional Task Force 6 (CA-RTF-6). CA-RTF-6 consists of 30 personnel specially trained and equipped for large or complex Urban Search and Rescue operations. Primary response will be provided by Fire Station No. 232 (FS 232), located at 6065 N. Palm Avenue in the Verdemont neighborhood of northern San Bernardino. FS 232 is approximately five minutes from the Project site and serves the foothill suburban community known as Verdemont Heights. The station operates 24 hours a day, seven days a week, and is staffed by a three-person Engine Company consisting of a Captain, an Engineer, and a firefighter-paramedic. It is equipped with a Type 1 Medic Engine and a Type 3 Brush Engine (cross-staffed). Secondary response will be provided by Fire Station No. 75 (FS 75), located at 2852 Macy Avenue in Muscoy, a nearby unincorporated community in San Bernardino County. FS 75 is approximately seven minutes from the Project site and provides service to the valley region at the base of the foothills. The station operates 24 hours a day, seven days a week, and is staffed by a three-person Engine Company consisting of a Captain, an Engineer, and a firefighter-paramedic. It is equipped with a Type 1 Medic Engine and a Type 3 Brush Engine (cross-staffed). Additional emergency response will be available from Fire Station No. 227 (FS 227), located at 282 W. 40th Street in the Wildwood Park neighborhood of San Bernardino. FS 227, which is slightly over seven minutes from the Project site, provides paramedic and fire services to northern portions of the city. The station operates 24 hours a day, 7 https://sbcfire.org/fp5/ 8 https://icema.sbcounty.gov/ 9 https://www.sbcounty.gov/uploads/LAFCO//Downloads/Service_Review_Fire/Report/Fire_Service_Review.pdf 10 https://sbcfire.org/fp5/ 11 https://www.confire.org/about Packet Page. 924 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 36 JULY 2025 seven days a week, and is staffed by a three-person Engine Company consisting of a Captain, an Engineer, and a firefighter-paramedic. It is equipped with a Type 1 Medic Engine and a Type 3 Brush Engine (cross-staffed). Further support may be provided by Fire Station No. 224 (FS 224), located at 2641 N. E Street, just north of downtown San Bernardino. FS 224 is approximately 10 minutes and 30 seconds from the Project site and serves central urban areas of the city. The station operates 24 hours a day, seven days a week, and is staffed by a three- person Engine Company consisting of a Captain, an Engineer, and a firefighter-paramedic, a three-person Truck Company consisting of a Captain, an Engineer, and a firefighter, a two-person Squad Company consisting of two firefighter-paramedics, and a Battalion Chief. Available apparatus at FS 224 includes a Type 1 Medic Engine, a Medic Aerial Truck, a Medic Squad, and a Battalion Chief vehicle, enhancing its capacity to support major incidents. In 2022, Medic Engine 224 was the fourth (4th) busiest fire engine in the nation.12 Table 6. Closest Responding SBCFPD Fire Station Summary Station Location Equipment Staffing Fire Station 232 6065 N. Palm Avenue San Bernardino, California (1) Type 1 Medic Engine (1) Type 3 Brush Engine 3 on-duty Fire Station 75 2852 Macy Avenue Muscoy, California (1) Type 1 Medic Engine (1) Type 3 Brush Engine 3 on-duty Fire Station 227 282 W. 40th Street San Bernardino, California (1) Type 1 Medic Engine (1) Type 3 Brush Engine 3 on-duty Fire Station 224 2641 N. E Street San Bernardino, California (1) Type 1 Medic Engine (1) Medic Aerial Truck (1) Medic Squad (1) Battalion Chief 8 on-duty Source: SBCFPD - https://www.iafflocal935.org/division-2 Within the area’s emergency services system, fire and emergency medical services can be provided by other agencies. Generally, each agency is responsible for structural fire protection and wildland fire protection within their area of responsibility. However, mutual aid agreements enable non-lead fire agencies to respond to fire emergencies outside their district boundaries. In the Project area, fire agencies cooperate under a statewide master mutual aid agreement for wildland fires. There are also mutual aid agreements in place with neighboring fire agencies and typically include interdependencies that exist among the region’s fire protection agencies for structural and medical responses but are primarily associated with the peripheral “edges” of each agency’s boundary. 4.1.1 Emergency Response Travel Time Coverage In an effort to understand fire department response capabilities, Dudek conducted an analysis of the travel -time response coverage from the closest responding fire stations. The response time analysis was conducted using travel distances that were derived from Google Road data. Travel times were calculated by applying the distance at speed limit formula (T=(D/S) * 60, where T=time, D=distance in miles, and S=speed in MPH) as well as the nationally recognized Insurance Services Office (ISO) Public Protection Classification Program’s Response Time Standard formula (T=0.65 + 1.7 D, where T= time and D = distance) for comparison. Tables 7 and 8 present tabular results of the emergency response time analysis using the distance at speed formula and the ISO formula, respectively. 12 https://www.instagram.com/sanbernardinocountyfire/p/CdgzlEOM6T4/ Packet Page. 925 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 37 JULY 2025 Table 7. Project Emergency Response Analysis using Speed Limit Formula Station Travel Distance to Project Site Travel Time to Project Entrance * Total Response Time** Fire Station 232 2.9 miles 4 minutes 58 seconds 6 minutes 58 seconds Fire Station 75 4.1 miles 7 minutes 2 seconds 9 minutes 2 seconds Fire Station 227 4.4 miles 7 minutes 33 seconds 9 minutes 33 seconds Fire Station 224 6.1 miles 10 minutes 27 seconds 12 minutes 27 seconds Notes: * Assumes travel distance and time to the Project site into the development for the respective fire station. Also assumes application of the distance at speed limit formula (T=(D/S) * 60, where T=time, D=distance in miles, and S=speed in MPH), a 35-mph travel speed, and does not include turnout time. ** Assumes travel distance and time to the Project site into development from the respective fire station, and application of the distance at speed limit formula (T=(D/S) * 60, where T=time, D=distance in miles, and S=speed in MPH), a 35 mph travel speed along with dispatch and turnout time, which can add an additional two minutes to travel time. Table 8. Project Emergency Response Analysis using ISO Formula Station Travel Distance to Project Entrance Travel Time to Project Entrance* Total Response Time** Fire Station 232 2.9 miles 5 minutes 35 seconds 7 minutes 35 seconds Fire Station 75 4.1 miles 7 minutes 37 seconds 9 minutes 37 seconds Fire Station 227 4.4 miles 8 minutes 8 seconds 10 minutes 8 seconds Fire Station 224 6.1 miles 11 minutes 1 second 13 minutes 1 second Notes: * Assumes travel distance and time to the Project site into the development for the respective fire station. Also assumes application of the ISO formula, T=0.65+1.7(Distance), a 35-mph travel speed, and does not include turnout time. ** Assumes travel distance and time to the Project site into the development for the respective fire station. Also assumes application of the ISO formula, T=0.65+1.7(Distance), a 35-mph travel speed, and dispatch and turnout time, which can add an additional two minutes to travel time. The ISO response travel time formula discounts speed for intersections, vehicle deceleration, and acceleration, and does not include turnout time. As such, per the ISO response travel time formula: ▪ FS 232 is located approximately 2.9 miles from the Project site and is the closet fires station to the Project site. FS 232 can respond to an incident at the Project site within approximately 7 minutes and 35 seconds. ▪ The second closet fire station is FS 75, located approximately 4.1 miles from the Project site. FS 75 can respond to an incident at the Project site within approximately 9 minutes and 37 seconds. ▪ FS 227 located approximately 4.4 miles from the Project site can respond to an incident within 10 minutes and 8 seconds. ▪ FS 224 is located approximately 6.1 miles from the Project site. FS 224 can respond to an incident at Project site within approximately 13 minutes and 1 second. Packet Page. 926 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 38 JULY 2025 Emergency response time target thresholds include travel time along with dispatch and turnout time, which can add two minutes to travel time. FS 232 would provide an initial response as the closest fire station. As indicated in Table 7 and Table 8, the total response time from FS 232 to the Project site does meet the response time standard of 6 minutes according to the nationally recognized National Fire Protection Association (NFPA) 1710. According to LAFCO for San Bernardino County 3231 , the objective is to have a less than 5-minute response time 90% of the time in the district. FS 232 to the Project site is outside the response time standard of less than 5 minutes for the objective in the district. FS 232 is estimated to arrive at the Project site approximately 4 minutes 58 seconds (Speed Limit Formula) or 5 minutes and 35 seconds (ISO Formula) after departing the station. All response calculations are based on an average response speed of 35 mph and are consistent with NFPA 1710. 4.2 Estimated Calls and Demand for Service from the Project Determining the potential impact associated with the Project’s estimated population increase is required to compare how many additional calls may be realized and determine what effects they may have on the available response resources. The estimated incident call volume of the Project is based on a conservatively calculated estimate from the maximum potential number of additional people that would be expected on site. Emergency call volumes related to typical projects can be reliably estimated based on the historical per-capita call volume from a particular fire jurisdiction. The following estimated annual emergency call volume generated by the Project is based upon per capita data for SBCFPD Division 2 (East Valley) July 1, 2024 – April 30, 2025. 13 ▪ Total population served: 519,58214. ▪ Total annual calls: 43,990, per capita call generation: .0847 ▪ Total annual fire calls (Structure, Vegetation, Vehicle, Other): 4,560, per capita call generation: .0087 ▪ Total annual medical aid calls: 33,395, per capita call generation: .0642 ▪ Total other calls (Investigation, Hazardous Materials, Public Service, Rescue, Traffic Collisions): 5,223, per capita call generation: .0100 ▪ Total miscellaneous calls: 811, per capita call generation: .0015 Using the data above, the estimated annual emergency call volume for the Project site as calculated. In order to provide this conceptual estimate, Dudek made assumptions regarding the single-family detached residential units population within the Project site to estimate at 3.21 persons per household15. The Project site estimated population for three hundred twenty-seven (327) single-family detached residential units is approximately 1,050 residents. Based on this estimate, the calculated call volume by type of call is provided in Table 9. 13 https://sbcfire.org/statistics/ 14 Dudek estimated the census population for Division 2 (East Valley) from census tract populations within the SBCFPD Division 2 boundaries https://data.census.gov/all?q=san+bernardino 15 https://data.census.gov/all?q=san+bernardino Packet Page. 927 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 39 JULY 2025 Table 9. Calculated Call Volume (Conceptual Based on 1,050 residents) for Project Site Type of Call Per Capita Call Generation Factor Number of Estimated Annual Calls Total Calls .0847 89 Total Fires .0087 9 Total Medical Aid .0642 67 Total Other .0100 11 Total MISC .0015 2 As mentioned, the single-family detached residential units will increase the call volume at a rate of conservatively calculated (the actual number of calls may be lower than this estimate) up to eighty-nine (89) calls per year (.24 calls per day or 7.4 calls per month). Fire Station 232 emergency response time in 2021 totaled 1,579 calls per year16 (approximately 4.3 calls per day or 131 calls per month). The level of service demand for the Project raises the overall call volume but it is not expected to impact FS 232 to a point where they cannot meet the demand. For perspective, 5 calls per day are typical in an urban or suburban area. A busy fire station company would be one with 10 to 15 or more calls per day. When University Hills Project site is built out, FS 232 could potentially respond to additional .24 calls per day or 7.48 calls per month, although the number may be likely lower that based on the conservative nature of the population and calls per capita data used in this estimate. 16 https://www.iafflocal935.org/2018-call-stats/ Packet Page. 928 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 40 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 929 Wa t e r m a n A v e W Ken d a l l D r E S t W Highland Ave NRiverside Ave Highland Ave KendallDr Ä210 Ä259 §¨215 Fire Station 232 Fire Station 75 Fire Station 227 Fire Station 224 Project Boundary Fire Station 0 5,0002,500 Feetn Da t e : 6 / 1 2 / 2 0 2 5 U s e r : r s t r o b r i d g e P a t h : Z : \ P r o j e c t s \ j 1 4 4 2 8 0 0 \ M A P D O C \ F P P \ E n c o r e H i l l s F i r e P r o t e c t i o n P l a n . a p r x M a p : S B C F P D F i r e S t a t i o n s M a p L a y o u t : F i g u r e 5 S B C F P D F i r e S t a t i o n s M a p SOURCE: Bing Maps 2024, CALFIRE 2023 Fire Protection Plan - University Hills Project SBCFPD Fire Stations Map FIGURE 5 Packet Page. 930 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 42 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 931 14428 43 JULY 2025 5 Fire Safety Requirements- Infrastructure, Building Ignition Resistance, and Defensible Space The FPP demonstrates that the development site would comply with applicable portions of the San Bernardino County Fire Protection District Fire Code, Ordinance No. FPD 23-01, SBCFPD Fire Code Fire Prevention Standards A-1, A-2, A-3, A-4, SRA-1, as well as applicable portions of the San Bernardino County Development Code, Chapter 82.13 Fire Safety Overlay. SBCFPD Fire Code adopts with amendments the 2022 CFC, including Chapter 49, California Code of Regulations, Title 24, Part 9, based on the 2021 edition of the International Fire Code. Furthermore, the Project will be consistent with applicable portions of Article III, Section 5-61 – Building Code, which adopts with amendments the 2022 edition of the CBC, including Chapter 7A, California Code of Regulations Title 24, Part 2 governs the building, infrastructure, and defensible space requirements detailed in this FPP. The Project will meet or exceed applicable codes or will provide alternative materials and/or methods (as warranted). While these standards will provide a high level of protection to structures within the development, there are no guarantees that compliance with these standards will prevent damage or destruction of structures by fire in all cases. The following summaries highlight important fire protection features. Prior to bringing combustible materials onto the site, utilities should be in place, fire hydrants operational, an approved all-weather roadway, or an approved road surface alternative in place, and interim defensible space zones established and approved. A response map update, including roads and fire hydrant locations, in a format compatible with current SBCFPD mapping shall be provided to the SBCFPD. The following summaries highlight important fire protection features. 5.1 Fire Apparatus Access The proposed Project site will be accessible via two (2) access points, one on the existing North Campus Parkway and the other on the new Badger Canyon Road. Project site access, including road widths and connectivity, will comply with the requirements of the SBCFPD Fire Code Fire Prevention Standards A-1, A-2, A-3, A-4, SRA-1, the 2022 California Fire Code, and all other applicable codes including: ▪ Roadways and/or driveways will provide fire department access to within 150 feet of all portions of the exterior walls of the first floor of each structure (CFC 503.1.1). ▪ Further, there must be a walkway approved by the SBCFPD leading from fire apparatus access roads to exterior openings (CFC 504.1). ▪ Roadway design features (e.g., speed bumps, humps, speed control dips, planters, and fountains) that could interfere with emergency apparatus response speeds and required unobstructed access road widths will not be installed or allowed to remain on roadways without approval of an SBCFPD official (CFC 503.4). ▪ Given the Project is required by CFC D104.1 to have at least two access points, those access points shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses (D104.3). Packet Page. 932 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 44 JULY 2025 5.1.1 Roads All fire access roads associated with the Project will be in compliance with SBCFPD Fire Code Fire Prevention Standards A-1, A-2, A-3, SRA-1, the 2022 California Fire Code, and all other applicable codes. Fire apparatus access roads shall be provided to within 150 feet of all exterior portions of the first story of every building, facility or structure as measured by an approved route around the exterior building or structure. 5.1.1.1 Maximum Dead-End Road Length There are no dead-end fire apparatus access roads planned in the Project area. The fire access lanes around are continuous and loop around the entirety of the development. Dead-end roads between 150 feet and 750 feet in length require a 96-foot diameter cul-de-sac or other approved method of fire apparatus turnaround (CFC Section D103.4). All dead-end fire access roads included at any phase of the development shall comply with the following: ▪ The maximum length of dead-end fire access roadways shall be six hundred (six hundred) feet in length in all residential developments (SBCFPD Standard A-1). 5.1.1.2 Surface and Grade Fire access roads must be able to support fully loaded fire engines and be of a subtle enough grade to facilitate their travel. The surface and grade of all fire apparatus access roads associated with the Project comply with SBCFPD Fire Prevention Standard Fire Apparatus Access Road Design, Construction and Maintenance (SBCFPD Standard A-1): ▪ All roads comply with access road standards of the capability of supporting an imposed load of at least 75,000 pounds, fire apparatus weight is distributed as 55,000 lbs. on the rear dual axles and 20,000 lbs. on the front axle. ▪ Fire access roadways shall be paved with a concrete or asphalt material in order to provide “all weather” safe driving. ▪ Unless otherwise approved, the grade of a fire apparatus access road shall not exceed 12% and the cross slope shall not exceed 5%. ▪ The angles of approach and departure for fire apparatus access roads shall be a maximum of 5% grade change for ten feet of approach and departure. ▪ All turns within fire access roadways that accommodate two-way traffic of fire apparatus shall be a minimum of 19 feet inside radius and 45 feet outside radius. ▪ Fire access roadways require at least a 50-foot straight section of roadway between radius turns. 5.1.1.3 Width and Clearance Fire apparatus access roads must be of an appropriate width and clearance to facilitate the ingress and egress of engines. The width and clearance of fire access roads associated with the Project comply with SBCFPD Fire Prevention Standard Fire Apparatus Access Road Designation and Marking (SBCFPD Standard A-2): ▪ Fire apparatus access roadways serving all buildings, structures, or facilities, shall be a minimum of 26 feet in unobstructed width. Roadways that have raised medians shall have an unobstructed one-way width of Packet Page. 933 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 45 JULY 2025 20 feet with signage posted ‘per SBCFPD Standard A-2. Such medians shall be a maximum of 50 feet in width except where approved by the Fire Code Official. Roadways with raised medians shall have intersections or median breaks located at a maximum of 600 feet apart or as approved by the Fire Code Official. ▪ All fire access roadways shall be no less than 14 feet 6 inches in unobstructed vertical clearance, as measured from the roadway surface at the highest elevation to the lowest point of any obstruction. ▪ Parking is not permitted on roadways that are less than 32 feet in width. In addition, parking that is perpendicular or diagonal to the edge of the roadway shall not obstruct the required minimum width of 26 feet for fire access. 5.1.1.3.1 Aerial Fire Apparatus Access Roads Approved aerial fire apparatus access roads shall be provided for buildings that are three (3) stories or more or thirty feet or more in height associated with the Project comply with SBCFPD Fire Prevention Standard Fire Apparatus Access Road Design, Construction and Maintenance (SBCFPD Standard A-1): ▪ Aerial fire apparatus access roads shall have a minimum unobstructed width of thirty (30) feet. ▪ All fire access roadways shall be no less than 14 feet 6 inches in unobstructed vertical clearance, as measured from the roadway surface at the highest elevation to the lowest point of any obstruction ▪ Overhead utilities, powerlines, and any other items that could be considered obstructions shall not be located within the aerial fire apparatus access area. ▪ Aerial fire apparatus access shall be provided in locations to enable rapid and safe access to the roof of the building. The location of all roof access points shall be approved by SBCFPD. 5.1.1.4 Fire Lane Marking All roadways equal to or less than SBCFPD Standards for width, including private roads, where the roadway width would preclude any parking along the sides of the road or where parking along only one side of the road is allowed shall be designated and marked as a fire lane associated with the Project comply with SBCFPD Fire Prevention Standard Fire Apparatus Access Road Designation and Marking (SBCFPD Standard A-2): ▪ All roadways encircling and/or providing direct access to commercial developments shall be designated as a fire lane. ▪ Areas within fifteen feet (15’) of any fire appliance shall be designated as a fire lane. ▪ All fire apparatus access roads shall be identified by approved signs, approved red curbs and/or approved pavement striping. Signage : ▪ Signs shall be no less than eighteen inches (18”) high by twelve inches (12”) wide and made of durable material. ▪ Signs shall be labeled, “NO PARKING,” “FIRE LANE,” and “CVC 22500.1” in all upper-case letters. ▪ Letting shall be no less than three inches (3”) high with red letting on white background. “CVC 22500.1” shall have one inch (1”) letters. Packet Page. 934 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 46 JULY 2025 ▪ The perimeter of the sign shall have a one inch (1’’) red boarder. ▪ Signs shall be installed with no less than a seven-foot (7’) clearance from the bottom of the sign to finish grade. ▪ Signs shall be installed with twenty-four inches (24”) of the curb face. ▪ Signs shall be located no more the fifty feet (50’) apart when installed on one side of the street and one hundred feet (100’) apart when installed on both sides of the street. ▪ There shall be a sign within five feet (5’) of the beginning and end of any fire lane. Red Curbing : ▪ Curbing used to designate fire lanes shall be painted in a weather-resistant red paint. Reflective paint may be used for higher visibility. ▪ Curbing shall be labeled, “NO PARKING – FIRE LANE – CVC 22500.1” in all upper-case letters. ▪ Lettering shall be no less than three inches (3”) high with white lettering on a red background and placed on the face and top of the curb. ▪ Lettering shall be located no more than fifty feet (50’) apart and within five feet (5’) of the beginning and end of any fire lane. 5.1.2 Gates Multiple gates may be proposed as part of the Project, one along the existing North Campus Parkway and another on the newly constructed Badger Canyon Road. All gates associated with the Project shall comply with the SBCFPD Fire Prevention Standard Gates and Other Obstructions to Fire Apparatus Access (SBCFPD Standard A-3): Manually Operated Security Gates : ▪ Manual gates shall have a means of emergency operation that allows manual operation by one person . Manually operated gates shall be equipped with an approved “Knox” padlock or equivalent locking system acceptable to SBCFPD. ▪ Manual gates shall either slide open horizontally or swing inward in the direction of emergency vehicle ingress. ▪ Gates provide emergency access to fuel modification zones or wildland areas shall have a clear open width of the access road. ▪ Parking of vehicles shall not obstruct any entrance, or the operation of any gate installed per the requirements of SBCFPD. “NO PARKING” signs designed and installed in accordance with SBCFPB Standard A-2 may by required as directed by SBCFPD. ▪ When required by SBCFPD, entry gates shall be installed to provide a minimum of forty feet (40’) of fire apparatus stacking from the intersecting road. Electrically Operated Security Gates ▪ Electrically operated security gates at multifamily residential properties (apartments, gated housing tracts, etc.) shall be equipped with an emergency preemption device, or an automatic means of opening the gate for emergency access by SBCFPD. The location and type of emergency opening devices shall be approved Packet Page. 935 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 47 JULY 2025 by the SBCFPD and may include Opticom, or equivalent sensors and/or Knox key switches as deemed necessary by SBCFPD. ▪ Any preemption devices on electric gates shall override all normal gates operations and completely open the gate(s). After preemption devices are activated, gates shall be maintained in an open position for a minimum of twenty (20) minutes, after which the gate controller shall automatically reset and close the gates. ▪ All electric motors operation security gates that obstruct fire apparatus access roadways or systems shall be listed in accordance with ASTM F2200 and UL 325 and shall reach the fully open position within a total time not to exceed one second for each one foot of obstructed required width. ▪ A safety loop or device that prevents the gate from closing on vehicles going through the gate shall be installed on all electric gates. ▪ An automatic exit loop that activates the gate in the direction of egress shall be installed on all electric gates, or an additional preemption device/Knox switch may be installed in the direction of emergency vehicle egress with approved by SBCFPD. Electric gates without battery backup power shall be provided with a manual release to allow the gate to be operated manually when electrical service is interrupted. 5.1.3 Premises Identification Identification of roads and structures will comply with SBCFPD Fire Prevention Standard Building and Premises Identification (SBCFPD Standard B-1) as follows: ▪ The address identification shall be legible and affixed to the building and placed in a position that is visible from the street or fire department access road fronting the property. ▪ All address identification characters shall contrast with their background. ▪ Address identification shall be Arabic numerals or alphabetical letters. Numbers shall be spelled out. ▪ Each character shall not be less than eight inches (8”) high with a minimum stroke width of one inch (1”). ▪ During the hours of darkness, they shall be electrically illuminated with an internal low voltage light source. ▪ Where building setbacks exceed 200 feet from the street, or where address identification would not be visible or would otherwise be obstructed, additional non-illuminated address identification shall be displayed on a monument, sign or other approved means used to identify structures. Additional address identification characters shall not be less than six inches (6”) in height, with a minimum stroke width of three-quarter inches (3/4”). ▪ Where required, address identification shall be provided in additional approved locations to facilitate emergency response. ▪ Address identification shall be maintained. ▪ Buildings which have vehicular access to the rear side by means of a drive aisle, alley, or parking lot shall also display address identification meeting the minimum requirements of this Standard on the rear of the building Packet Page. 936 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 48 JULY 2025 5.1.4 Ongoing Infrastructure Maintenance The Project BOA and/or Property Manager(s) shall be responsible for long term funding and maintenance of internal private roads, communal fuel modification zones, and fire protection systems (including fire sprinklers). The maintenance responsibilities of fuel modification zones and defensible space are discussed in more detail in section 5.4. 5.1.5 Pre-Construction Requirements Prior to bringing lumber or combustible materials onto the site, site improvements within the active development area shall be in place, including utilities, operable fire hydrants, an approved, temporary roadway surface, and fuel modification zones established. These features shall be approved by the fire department designee prior to combustibles being brought on-site. Any combustible scrap materials will be noticed on a daily basis or more frequently, as required by the SBCFPD. 5.2 Infrastructure and Fire Protection Systems 5.2.1 Water Supply Water service for Project site will be provided by San Bernardino County Municipal Water District, Division 117 (SBCMWD). All water storage and hydrant locations, mains, and water pressures would be designed to fully comply with SBCFPD Fire Flow Requirements. As detailed in the SBCFPD Fire Code Section 507 and California Fire Code Section 903.2, all residential structures are required to have NFPA 13D property protection internal fire sprinklers. Therefore, water supply must meet a two-hour fire flow requirement. The water supply will be capable of supplying the required fire flow for fire protection and sized according to the applicable codes and design standards. An SBCFPD official will be notified prior to a water supply test or provided with approved documentation before approval of the water supply system (CFC Section 507.4). 5.2.2 Hydrants Fire Hydrant systems shall comply with SBCFPD Fire Code 507.5.1 through 507.5.6 and SBCFPD Fire Prevention Standards. 5.2.3 Automatic Fire Sprinkler Systems Fire sprinklers systems shall be in accordance with SBCFPD Fire Prevention Standard Fire Sprinkler Systems in Non-Residential Buildings (SBCFPD Standard F-1), and National Fire Protection Association (NFPA) Standard 13. Fire sprinkler plans for each structure will be submitted and reviewed by SBCFPD for compliance with the applicable fire and life safety regulations, codes, and ordinances as well as the SBCFPD Standard F-1. 17 https://open.sbcounty.gov/datasets/c84c98f3562e497db74ab82af4c1c6a7/explore?location=34.091056%2C- 117.329611%2C11.53 Packet Page. 937 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 49 JULY 2025 5.3 Ignition Resistant Construction and Fire Protection Systems All new structures within the Project site will be constructed to Fire Code standards. Each of the proposed buildings will comply with the enhanced ignition-resistant construction standards of the 2022 CBC (Chapter 7A). These requirements address roofs, eaves, exterior walls, vents, appendages, windows, and doors and result in hardened structures that have been proven to perform at high levels (resist ignition) during the typically short duration of exposure to burning vegetation from wildfires. Appendix D, Ignition-Resistant Construction Requirements provides a summary of the requirements for ignition resistant construction. While these standards will provide a high level of protection to structures in this development, there is no guarantee that compliance with these standards will prevent damage or destruction of structures by fire in all cases. There are three primary concerns for structure ignition: 1) radiant and/or convective heat, 2) burning embers, and 3) direct flame impingement (NFPA 1144 2008, IBHS 2008, and others). Burning embers have been a focus of building code updates for at least the last decade, and new structures in the Wildland Urban Interface (WUI) built to these codes have proven to be very ignition resistant. Likewise, radiant, and convective heat impacts on structures have been minimized through Chapter 7A exterior fire ratings for walls, windows, and doors. Additionally, provisions for modified fuel areas separating wildland fuels from structures have reduced the number of fuel-related structure losses. As such, most of the primary components of the layered fire protection system provided the Project are required by the SBCFPD but are worth listing because they have been proven effective for minimizing structural vulnerability to wildfire and, with the inclusion of required NFPA 13D automatic interior fire sprinklers within all residential buildings for extinguishing interior fires, should embers succeed in entering a structure. Even though these measures are now required by the latest Building and Fire Codes, at one time, they were used as mitigation measures for buildings in WUI areas, because they were known to reduce structure vulnerability to wildfire. These measures performed so well; they were adopted into the code. The following Project features are required for new development in WUI areas and form the basis of the system of protection necessary to minimize structural ignitions as well as providing adequate access by emergency responders: 1. The 7A Materials and Construction Methods for Exterior Wildfire Exposure CBC chapter details the ignition resistant requirements for the following key components of building safely in wildland urban interface and fire hazard severity zones: a. Roofing Assemblies (covering, valleys and gutters) b. Vents and Openings c. Exterior wall covering d. Open Roof Eaves e. Closed Roof Eaves and Soffits f. Exterior Porch Ceilings g. Floor projections and underfloor protection h. Underfloor appendices i. Windows, Skylights and Doors j. Decking k. Accessory structures Packet Page. 938 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 50 JULY 2025 2. New class-A fire rated roof and associated assembly. With the proposed class-A fire rated roof, areas where there will be attic or void spaces requiring ventilation to the outside environment, the attic spaces will require either ember-resistant roof vents or a minimum 1/16-inch mesh (smaller sizes restrict air flow) and shall not exceed 1/8-inch mesh for side ventilation (recommend Vulcan, BrandGuard, O’Hagin or similar vents. Structures along the perimeter of the development shall not have any vents on the side of the structures that face the fuel modification zones and/or off-site vegetation areas. All vents used for this Project will be approved by SBCFPD. 3. Per Chapter 7A of the CBC, for structures that achieve the minimum 100 feet of on-site fuel modification, all exterior windows, skylights, and exterior glazed door assemblies shall be constructed of multipaned glazing with a minimum of one tempered pane. All windows shall be UL listed, not of vinyl construction, and shall have a fire-resistant rating of not less than 20 minutes when tested according to NFPA 257/UL 263 (such as SaftiFirst, SuperLite 20-minute rated glass product), or be tested to meet the performance requirements of State Fire Marshal Standard 12-7A-2. 4. The proposed Project structures would be constructed of ignition resistant18 construction materials and include the installation of National Fire Protection Association (NFPA) 13D automatic interior fire sprinkler systems within all residential buildings, based on the latest adopted Building and Fire Code requirements for each occupancy type. 5. Modern infrastructure, access roads, and water delivery system. 5.4 Defensible Space and Vegetation Management WUI fire protection requires a systematic approach, which includes the components of infrastructure and water, structural safeguards (addressed in the FPP), and adequate defensible space setbacks. A critical component of a fire protection system for this Project is the provision for ignition-resistant landscapes. A fuel modification zone (FMZ) is a strip of land where combustible vegetation has been removed and/or modified and partially or totally replaced with more adequately spaced, drought-tolerant, fire resistant plants in order to provide a reasonable level of protection to structures from wildland fire. FMZs are designed to provide vegetation buffers that gradually reduce fire intensity and flame lengths from advancing fire by strategically placing thinning zones, restricted vegetation zones, and irrigated zones adjacent to each other on the perimeter of the WUI exposed structures. Cohen (1995) performed structure ignition fire research studies that suggest, as a rule-of-thumb, larger flame lengths and widths require wider fuel modification zones to reduce structure ignition. For example, valid Structure Ignition Assessment Modeling results indicate that a 20-foot-high flame has minimal radiant heat to ignite a structure (bare wood) beyond thirty-three feet (horizontal distance). Whereas a 70-foot-high flame requires about 130 feet of clearance to prevent structure ignitions from radiant heat (Cohen and Butler 1996). For this fire study example, bare wood was used, which is more combustible unlike the ignition-resistant construction of the Project. For the Project, assuming 42-foot flame lengths (modeled under a Santa Ana wind gust), the 100 feet of fuel modification is more than sufficient. Based on the modeled extreme weather flame lengths for the Project site once developed and FMZs are in place, wildfire flame lengths are projected to be approximately between 1 and 3 feet in height within the areas of the Project Footprint that are not paved (the well-maintained irrigated areas of the development). The adjacent sage 18 A type of building material that resists ignition or sustained flaming combustion sufficiently to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames, as prescribed in CBC, Chapter 7A and State Fire Marshal Standard 12-7A-5, Ignition-Resistant Materials. Packet Page. 939 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 51 JULY 2025 scrub intermixed with non-native grasslands would remain unaltered and retain the fire behavior of existing conditions. This can be altered when neighboring property owners perform weed abatement. The fire behavior modeling system used to predict these flame lengths was not intended to determine sufficient FMZ widths, but it does provide the average predicted length of the flames, which is a key element for determining “defensible space” distances for providing firefighters with room to work and minimizing structure ignition. Due to site constraints, it is not possible to achieve a minimum 100 feet of on-site fuel modification width for every building on the Project site. Areas of the development that do not achieve the required minimum 100 feet of defensible space on site will provide off site equivalent defensible space and FMZs or provide a non-combustible, six-foot heat-deflecting wall. 5.4.1 San Bernardino County Fuel Modification Zone Standards and Defensible Space Defensible space, coupled with property hardening, is essential to improve a building’s chance of surviving wildfire. Defensible space is the buffer created between a building and the grass, trees, shrubs, or any wildland area that surrounds it. This space is needed to slow or stop the spread of wildfire, and it helps protect buildings from catching fire—either from embers, direct flame contact or radiant heat. Proper defensible space also provides firefighters with a safe area to work in, to defend the building. The purpose of this section is to document SBCFPD’s standards and make them available for reference. SBCFPD’s Fire Code are consistent with the 2022 California Fire Code (Section 4907 — Defensible Space), Government Code 51175 – 51189, and Public Resources Code 4291, which require that fuel modification zones be provided around every building that is designed primarily for human habitation or use within an SRA or a LRA VHFHSZ. FMZ and Defensible Space, when properly maintained, along with other fire hazard reducing features, will effectively minimize the potential for structure ignition from direct flame impingement or radiant heat within the Project area. Assembly Bill 3074, passed into law in 2020, requires a third zone for defensible space. This law required the Board of Forestry and Fire Protection to develop the regulation for a new ember-resistant zone (Zone 0) within 0 to 5 feet of the home by January 1, 2023. The intensity of wildfire fuel management for a traditional FMZ varies within the 100-foot perimeter of the structure, with more intense fuels’ reduction occurring closer to the structure. A Fuel Modification Plan shall be reviewed and approved by a SBCFPD Fire Safety Specialist for consistency with defensible space and fire safety guidelines. The Project’s Fuel Modification Plan — Parcel 1 (Figure 6) conceptually displays a non-combustible and fully irrigated FMZ area for the Project site. To ensure long-term identification and maintenance, a fuel modification area shall be identified by a permanent zone marker meeting the approval of SBCFPD. All markers will be located along the perimeter of the fuel modification area at a minimum of 500 feet apart or at any direction change of the fuel modification zone boundary. This applies only to the on-site FMZ areas and would not be provided off-site on roadways and similar landscapes that are providing FMZ equivalent. FMZs will be maintained on at least an annual basis or more often as needed to maintain the fuel modification buffer function. 5.4.2 San Bernardino County Fuel Modification Zones The Fuel Modification Zones affect new structures and developments built in the high fire hazard areas. A plan shall be approved by the SBCFPD that helps protect developments by requiring vegetation planted in zones around structures to be selected from an approved list and identifies areas that require brush clearance or thinning. The entire property from the exterior of the building to the property lines will be either irrigated landscaping or Packet Page. 940 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 52 JULY 2025 non-combustible paved surfaces in the form of roads, walkways, parking areas, and loading and unloading areas. The landscaping requirements for each zone is described below. ZONE “O” – Ember Resistant Zone Zone 0 applies around all project structures. The first five (5) feet from the home is the most important for preventing ember ignition. Keeping the area closet to buildings, structures, and decks clear will prevent embers from igniting materials that can spread the fire to the structure. The majority of homes lost to wildfire are ignited by flying embers. Embers can travel miles ahead of the active front of wildfires. What to do: 1. Use hard scape like gravel, pavers, or concrete. No combustible bark or mulch. 2. Remove all dead and dying plants, weeds, debris (leaves, needles, etc.) from your roof, gutter, deck, porch, stairways, and under any areas of your home. 3. Remove all branches within ten feet (10’) of any chimney or stovepipe outlet. 4. Limit combustible items (like outdoor furniture and planters) on top of decks. 5. Relocate firewood and lumber to Zone 2. 6. Replace combustible fencing, gates, and arbors attached to the homes with noncombustible alternatives. 7. Consider relocating garbage and recycling containers outside this zone. 8. Consider relocating boats, RV’s vehicles, and other combustible items outside this zone. ZONE “1” – “Wet Zone” Keep it Lean, Clean and Green within 30 feet of structures. Zone 1 applies to all project structures and facilities including parks and retention basins. Regularly clear dead or dry vegetation and create space between trees. Vegetation to be irrigated. During drought times when watering is limited, pay special attention to clearing dead or dying material. Removing dead plants and creating space between trees and shrubs creates a buffer on the property and reduces potential fuel for fire. What to do: 1. Remove all the dead plants, grass, and weeds. 2. Remove dead or dry leaves and pine needles. 3. Trim trees regularly to keep branches at a minimum of ten feet (10’) from structures. 4. Plantings should be limited to well irrigated, well-spaced low fuel volume, high fuel moisture, drought tolerant, low profile fire resistive groundcover, shrubs or lawn 5. Spacing between shrubs should be two times the height of the shrub. Trees shall be limbed and pruned 1/3 of the height or six feet (6') from ground, spacing shall be thirty feet (30') for mature trees. 6. Create a separation between trees, shrubs, and items that could catch fire, such as patio furniture, wood piles, swing sets, etc. Packet Page. 941 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 53 JULY 2025 ZONE “2” 31 -100 feet from structures . Zone 2 applies around all project structures beginning at the edge of Zone 1 (30 feet) and continuing outwards up to 100 feet. Zone 2 treatments continue to reduce potential fuel within 100 feet of structures. 100 feet of defensible space is required by Public Resource Code (PRC) 4291. What to do: 1. Manufactured slopes and landscape plantings to be well-irrigated. 2. Natural vegetation should be maintained to have horizontal space between shrubs and trees and vertical space between grass, shrubs, and trees. Spacing between shrubs should be two times the height of the shrub. Trees shall be limbed and pruned 1/3 of the height or six feet (6') from ground, spacing shall be thirty feet (30') for mature trees. 3. Maintain all vegetation free of deadwood. 4. Cut or mow annual grass down to maximum height of four inches (4”), no dry grass is allowed. 5. Remove fallen leaves, needles, twigs, bark, cones, and small branches. However, they may be permitted as mulch to a depth of three inches (3”). 6. Keep ten feet (10’) of clearance around exposed wood piles, down to bare mineral soil, in all directions. 7. Clear areas around outbuildings and propane tanks. Keep ten feet (10’) of clearance to bare mineral soil and no flammable vegetation for an additional ten feet (10’) around the exterior. ZONE “3 ” 100 feet from Property Line measured inwards towards project . Zone 2 applies between the Project and unmaintained open space measured from the Property Line 100 feet inward. Remove and reduce fuel from a potential fire pathway from unmaintained open space towards the structures. What to do: 1. Manufactured slopes and landscape plantings to be well-irrigated. 2. Interrupt continuous fuel beds by providing horizontal space between shrubs and trees and vertical space between grass, shrubs, and trees. Spacing between shrubs should be two times the height of the shrub, with twenty feet (20’) between large groupings of shrubs or trees. Trees shall be limbed and pruned 1/3 of the height or six feet (6’) from ground, spacing shall be thirty feet (30') for mature trees. 3. Maintain all vegetation free of deadwood. 4. Cut or mow annual grass down to maximum height of four inches (4”), no dry grass is allowed. 5. Remove fallen leaves, needles, twigs, bark, cones, and small branches. However, they may be permitted as mulch to a depth of three inches (3”). 6. Keep ten feet (10’) of clearance around exposed wood piles, down to bare mineral soil, in all directions. 7. Clear areas around outbuildings and propane tanks. Keep ten feet (10’) of clearance to bare mineral soil and no flammable vegetation for an additional ten feet (10’) around the exterior. Packet Page. 942 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 54 JULY 2025 5.4.3 Ongoing Infrastructure and FMZ Maintenance Vegetation management, i.e., assessment of fuel modification zone conditions and removal of dead and dying and undesirable species; as well as thinning as necessary to maintain specified plant spacing and fuel densities, shall be completed annually by May 1 of each year and more often as needed for fire safety. The Project’s BOA and/or Property Manager shall be responsible for all fuel modification vegetation management in compliance with the plan and the SBCFPD requirements for all areas of the Project site, including fuel modification zones. The Project’s BOA and/or Property Manager will assure lots comply with the plan initially and on an ongoing basis. Chapter 7A requirements for ongoing maintenance of fire-resistive building materials and fire sprinkler systems will be maintained to a code-complying level, as-approved in this or similar documents, in perpetuity. Additionally, the Project’s BOA and/or Property Manager shall be responsible for ensuring long-term funding and ongoing compliance with all provisions of the FPP, including vegetation planting, fuel modification on the perimeter, and maintenance requirements on all communal areas and roadsides. Maintenance of FMZ’s and Defensible Space is a critical component for the long-term fire safety of the Project. maintenance obligations will be as follows: ▪ All future plantings shall be in accordance with SBCFPD fuel modification requirements. ▪ The SBCFPD will review landscape plans and provide corrections where necessary so that they are in compliance with SBCFPD standards. ▪ Changing landscaping in communal areas will be reviewed by the SBCFPD and approved prior to installation. Project ’s B OA and/or Property Manager : ▪ The Project’s BOA and/or Property Manager will maintain the access roads within the Development Footprint adjacent to open space areas. ▪ The Project’s BOA and/or Property Manager will be required to annually maintain the FMZs (or as needed). ▪ The Project’s BOA and/or Property Manager will maintain all communal areas, including trees planted along internal roadways and in other areas throughout the Project. 5.4.4 Construction Phase Vegetation Management Vegetation management requirements shall be implemented at commencement and throughout the construction phase. Vegetation management for the Project area shall be performed pursuant to the FPP and FAHJ on all building locations prior to the start of work and prior to any import of combustible construction materials. Adequate, code complying, fuel breaks shall be created around all grading, site work, and other construction activities in areas where there is flammable vegetation. Fuel Modification Zones will be maintained, as approved, throughout construction and in perpetuity thereafter. Caution must be used not to cause erosion or ground (including slope) instability or water runoff due to vegetation removal, vegetation management, maintenance, landscaping, or irrigation. Combustible materials will not be brought on-site without prior fire department approval. Packet Page. 943 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 55 JULY 2025 5.5 Pre-Construction Defensible Space Requirements Per SBCFPD, a fuel modification plan (refer to Figure 6) shall be submitted and have preliminary approval prior to any subdivision of land; or, have final approval prior to the issuance of a permit for any permanent structure used for habitation; where, such structure or subdivision is located within areas designated as a Fire Hazard Severity Zone within SRA or within the LRA. An on-site inspection must be conducted by the SBCFPD, and final approval of the fuel modification plan issued prior to a certificate of occupancy being granted by the building code official. As an additional consultant recommendation, prior to bringing lumber or combustible materials onto the Project site, improvements within the active development area shall be in place, including utilities, operable fire hydrants, an approved, temporary roadway surface, and fuel modification zones established. As demonstrated in Figure 6, Fuel Modification Plan — Parcel 1, there are some areas where 100 feet of Fuel Modification cannot be achieved on site. This section allows for a conservative fire analysis of the Project area. Packet Page. 944 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 56 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 945 Da t e : 7 / 2 / 2 0 2 5 - L a s t s a v e d b y : k h o l m e s - P a t h : Z: \ P r o j e c t s \ j 1 4 4 2 8 0 0 \ M A P D O C \ U n i v e r s i t y H i l l s _ F i r e . a p r x MERGENCYE EHICLEV CCESSA OPEN SPACE LOT OPEN SPACE LOT PARK PARK DESIGNATED REMAINDER 79 ft 66 ft 79 ft SOURCE: AERIAL-ESRI IMAGERY 2022; DEVELOPMENT-KIMLEY-HORN 2025 0 15075 Feetn Parcel 1 1 2 345 Project Site - Parcel 1 Property Line Grading Limits Land Use Development Roadway Access Access Road Emergency Vehicle Access Water Quality Basin Fuel Modification Zone Zone 0 (0-5 ft) Zone 1 (5-30 ft) Zone 2 (30-100 ft) Zone 3 Property line (PL) to 100 ft inward 0-100-ft (Water Tank) 20-ft Roadside Zone FIGURE 6 - View 1 Fuel Modification Plan - Parcel 1 Fire Protection Plan - University Hills Project Packet Page. 946 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 58 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 947 Da t e : 7 / 2 / 2 0 2 5 - L a s t s a v e d b y : k h o l m e s - P a t h : Z: \ P r o j e c t s \ j 1 4 4 2 8 0 0 \ M A P D O C \ U n i v e r s i t y H i l l s _ F i r e . a p r x OPEN SPACE LOT WATER TANK SOURCE: AERIAL-ESRI IMAGERY 2022; DEVELOPMENT-KIMLEY-HORN 2025 0 15075 Feetn FIGURE 6 - View 2 Parcel 1 1 2 345 Project Site - Parcel 1 Property Line Grading Limits Land Use Development Roadway Access Access Road Emergency Vehicle Access Water Quality Basin Fuel Modification Zone Zone 0 (0-5 ft) Zone 1 (5-30 ft) Zone 2 (30-100 ft) Zone 3 Property line (PL) to 100 ft inward 0-100-ft (Water Tank) 20-ft Roadside Zone Fuel Modification Plan - Parcel 1 Fire Protection Plan - University Hills Project Packet Page. 948 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 60 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 949 Da t e : 7 / 2 / 2 0 2 5 - L a s t s a v e d b y : k h o l m e s - P a t h : Z: \ P r o j e c t s \ j 1 4 4 2 8 0 0 \ M A P D O C \ U n i v e r s i t y H i l l s _ F i r e . a p r x OPEN SPACE LOT OPEN SPACE LOT PARK SOURCE: AERIAL-ESRI IMAGERY 2022; DEVELOPMENT-KIMLEY-HORN 2025 0 15075 Feetn FIGURE 6 - View 3 Parcel 1 1 2 345 Project Site - Parcel 1 Property Line Grading Limits Land Use Development Roadway Access Access Road Emergency Vehicle Access Water Quality Basin Fuel Modification Zone Zone 0 (0-5 ft) Zone 1 (5-30 ft) Zone 2 (30-100 ft) Zone 3 Property line (PL) to 100 ft inward 0-100-ft (Water Tank) 20-ft Roadside Zone Fuel Modification Plan - Parcel 1 Fire Protection Plan - University Hills Project Packet Page. 950 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 62 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 951 Da t e : 7 / 2 / 2 0 2 5 - L a s t s a v e d b y : k h o l m e s - P a t h : Z: \ P r o j e c t s \ j 1 4 4 2 8 0 0 \ M A P D O C \ U n i v e r s i t y H i l l s _ F i r e . a p r x CAMPUS P A R K W A Y BADGER CANYON R D SOURCE: AERIAL-ESRI IMAGERY 2022; DEVELOPMENT-KIMLEY-HORN 2025 0 15075 Feetn Parcel 1 1 2 345 Project Site - Parcel 1 Property Line Grading Limits Land Use Development Roadway Access Access Road Emergency Vehicle Access Water Quality Basin Fuel Modification Zone Zone 0 (0-5 ft) Zone 1 (5-30 ft) Zone 2 (30-100 ft) Zone 3 Property line (PL) to 100 ft inward 0-100-ft (Water Tank) 20-ft Roadside Zone FIGURE 6 - View 4 Fuel Modification Plan - Parcel 1 Fire Protection Plan - University Hills Project Packet Page. 952 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 64 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 953 Da t e : 7 / 2 / 2 0 2 5 - L a s t s a v e d b y : k h o l m e s - P a t h : Z: \ P r o j e c t s \ j 1 4 4 2 8 0 0 \ M A P D O C \ U n i v e r s i t y H i l l s _ F i r e . a p r x CAMPUS P A R K W A Y BADGE R C A N Y O N R D NO R T H P A R K BL V D W CAMP U S P K W Y SOURCE: AERIAL-ESRI IMAGERY 2022; DEVELOPMENT-KIMLEY-HORN 2025 0 15075 Feetn Parcel 1 1 2 345 Project Site - Parcel 1 Property Line Grading Limits Land Use Development Roadway Access Access Road Emergency Vehicle Access Water Quality Basin Fuel Modification Zone Zone 0 (0-5 ft) Zone 1 (5-30 ft) Zone 2 (30-100 ft) Zone 3 Property line (PL) to 100 ft inward 0-100-ft (Water Tank) 20-ft Roadside Zone FIGURE 6 - View 5 Fuel Modification Plan - Parcel 1 Fire Protection Plan - University Hills Project Packet Page. 954 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 66 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 955 14428 67 JULY 2025 6 Wildfire Education Program Early evacuation for any type of wildfire emergency at the Project site is the preferred method of providing for employees and customer safety, consistent with the SBCFPD’s current approach. As such, the Project’s BOA and/or Project’s Property Manager would formally adopt, practice, and implement a “Ready, Set, Go!” approach to evacuation19. The “Ready, Set, Go!” concept is widely known and encouraged by the State of California and most fire agencies. Pre-planning for emergencies, including wildfire emergencies, focuses on being prepared, having a well-defined plan, minimizing the potential for errors, maintaining the Project site’s fire protection systems, and implementing a conservative (evacuation as early as possible) approach to evacuation and Project area activities during periods of fire weather extremes. Project occupants would be provided ongoing education by the BOA/Property Management regarding wildfires and the FPP’s requirements. The educational information must include maintaining the landscape and structural components according to the appropriate standards designed for the development. Informational handouts, website pages, mailers, fire-safe council participation, inspections, and seasonal reminders are some methods that would be used to disseminate wildfire and relocation awareness information. SBCFPD would review and approve all wildfire educational material and programs before printing and distribution. Additionally, management of on-site entities occupying the site’s structures will be required to register for Countywide alerts via the Telephone Emergency Notification Systems (TENS) and San Bernardino Ready App (SB Ready)20. Personnel and employees will be strongly encouraged to also register to receive emergency alerts. 6.1 Recognition for Fire Safety and Maintaining Fire Insurance Insurance companies have begun to assess communities against guidelines above and beyond the fire code and local standards documented within this FPP. Due to the heightened standard assessed by the insurance industry, homeowners and communities have been dropped from insurance or have experienced rate increases despite complying with the minimum codes and standards. The Firewise USA program administered by NFPA is a certification program for communities to gain recognition for the fire-wise design and maintenance of their community. Firewise USA began in 2019 with seven sites that were challenged to improve the fire resilience of their communities through a focused approach to active wildfire risk reduction. This is done through a collaborative framework created to empower neighbors to get organized and take action to reduce wildfire risk at a local level. The program has grown to include over 1.5 million residents living in Firewise USA communities (Firewise USA, n.d.a). The insurance industry, due to Department of Insurance Regulation #REG-2020-00015, is required to recognize the Firewise certification and consider it when it comes to determining if a community is insurable; cuts to insurance premiums have been made based on this certification. Given the established framework of Firewise USA, its direct mention in regulatory language, and its existing adoption by multiple insurance companies, it can be reasonably anticipated that more companies will require the same certification from customers that attempt to pursue discounted policies. 19 https://www.sbcounty.gov/uploads/SBCFire/documents/programs/20231130_sbcfire_ready_set_go_flyer.pdf 20 https://sbcfire.org/alertwarning/ Packet Page. 956 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 68 JULY 2025 There are several requirements to become a Firewise USA community and multiple living documents must be prepared. Firewise USA communities must have a minimum of 8 dwelling units and a maximum of 2,500, meaning the proposed Project, in its entirety, would be able to participate in the program (Firewise USA, n.d.b). To become certified, a board or committee of volunteers made up of residents and partners such as a representative of the local FD would first need to be formed. A community wildfire risk assessment (CWRA) would then need to be completed, either independently or with assistance from a third-party consultant such as Dudek. The CWRA would need to be updated at least every five years. From the CWRA, a three-year action plan would be created that prioritizes risk reduction actions to be taken within the community and would need to be updated at least every three years. Every year, a worksheet would need to be filled out compiling the volunteer hours performed towards the goals outlined in the three-year action plan. One volunteer hour is required to be performed per dwelling unit within the community, or an investment of monetary equivalent in mitigation efforts can be made in lieu of volunteer hours (Firewise USA, n.d.b). In addition to the Firewise certification, the community can hire a qualified individual such as Dudek to assess the community regularly to document compliance with not only the fire code but the insurance industry minimums. Wildfire Risk Assessments have proven valuable in helping communities maintain fire insurance or even apply for reduced premiums, given that the insurance industry evaluates fire resistant features above and beyond what the fire code requires. Packet Page. 957 14428 69 JULY 2025 7 Conclusion This FPP for the University Hills Project provides guidance for vegetation maintenance for the landscaped areas on the Project site. As described, vegetation maintenance measures will be provided on all landscaped areas of the proposed Project. The requirements and recommendations provided in this FPP have been designed specifically for the Project. This analysis and its fire protection justifications are supported by fire science research, results from previous wildfire incidents, and fire agencies that have approved these concepts. The fire protection system provided for the Project site includes a redundant layering of code-compliant, fire-resistant construction materials and methods that have been shown through post-fire damage assessments to perform extremely well against wildfire and ember storm conditions. To address areas where the Project is unable to meet the Fire Code due to site constraints, code-exceeding measures have been suggested to meet the intent of the provisions of the Fire Code. The use of these methods and materials along with ongoing maintenance will result in a development that will be highly defensible with minimal firefighting resource demands. It is Dudek’s professional opinion that this project, like any project built to the most recent fire safety code requirements, will not be vulnerable to fire losses experienced by older, less ignition resistant projects and the Project is considered to represent a low wildfire risk to its occupants based on its ability to provide for evacuations. It is necessary to understand that Projects occurring within fire hazard severity zones and wildland urban interface areas with higher potential fire hazards represent lower overall fire safety risk when the buildings and community are built to ignition resistant levels as required by code. Conversely, older communities that do not include the ignition resistant strategies may occur in a location that represents lower potential fire hazards outside of a fire hazard severity zone or wildland urban interface but may actually be at higher overall fire risk due to the vulnerabilities inherent in their construction. Ultimately, it is the intent of this FPP to guide the fire protection efforts for the Project in a comprehensive manner. Implementation of the measures detailed in this FPP will reduce the risk of wildfire spreading from the Project site into surrounding areas and will improve the ability of firefighters to fight fires on the Project property and neighboring properties and resources, irrespective of the cause or location of ignition. Note that this is a conceptual plan, which provides enough detail for SBCFPD’s approval. Detailed plans, such as improvement plans and building permits, demonstrating compliance with the concepts in the FPP and with City and County Fire Code requirements, would be submitted to SBCFPD at the time they are developed. Fire is a dynamic and somewhat unpredictable occurrence and as such, this FPP does not guarantee that a fire will not occur or will not result in injury, loss of life, or loss of property. There are no warranties, expressed or implied, regarding the suitability or effectiveness of the recommendations and requirements in this FPP, under all circumstances. The Project’s developers, contractors, engineers, and architects are responsible for the proper implementation of the concepts and requirements set forth in the FPP. The Project’s BOA and/or property managers are also responsible for maintaining their structures and lots, including fuel modification and landscape, as required by this FPP, the SBCFPD, and as required by the City and County Fire Codes. Alternative methods of compliance with this FPP can be submitted to the fire authority for consideration. It will be extremely important for all employees, the Project’s BOA and/or property managers, and occupants to comply with the recommendations and requirements described and required by the FPP on their property. The responsibility to maintain the fuel modification and fire protection features required for the Project site lies with the Project’s BOA, and/or Property Manager or similar entity. Said the responsible party would oversee ongoing education and maintenance of the communal areas, and the SBCFPD would enforce the vegetation management Packet Page. 958 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 70 JULY 2025 requirements detailed in this FPP. Such requirements would be made as part of deed encumbrances and CC&Rs for each lot, as appropriate. It is recommended that the University Hills Project maintain a conservative approach to fire safety. This approach must include maintaining the landscape and structural components according to the appropriate standards and embracing a “Ready, Set, Go!” stance on evacuation. The Project is not to be considered a shelter-in-place development. However, the fire agencies and/or law enforcement officials may, during an emergency, as they would for any new development providing the layers of fire protection as the Project, determine that it is safer to temporarily refuge employees or visitors on the Project site. When an evacuation is ordered, it will occur according to pre-established evacuation decision points or as soon as notice to evacuate is received, which may vary depending on many environmental and other factors. Fire is a dynamic and somewhat unpredictable occurrence, and it is important for anyone living at the WUI to educate themselves in practices that will improve safety. The goal of the fire protection features, both required and those offered beyond the Codes, provided for the Project is to provide the structures with the ability to survive a wildland fire with little intervention of firefighting forces. Preventing ignition to structures results in a reduction of the exposure of firefighters and occupants to hazards that threaten personal safety. It will also reduce property damage and losses. Mitigating ignition hazards and fire spread potential reduces the threat to structures and can help the fire department optimize the deployment of personnel and apparatus during wildfire. The analysis in this FPP provides support and justifications for acceptance of the proposed fuel modification zones for the proposed Project Development Footprint based on the site-specific fire environment. This plan is intended to outline the generally accepted protocols which it is anticipated will be designed and, as appropriate, refined by SBCFPD at the appropriate time(s) into the final site-specific plan for the University Hills Project. Inasmuch as fire is a dynamic and often unpredictable occurrence, it cannot be guaranteed that, despite precautionary measures, a fire will not occur or that it will not result in injury, loss of life, or damage to or loss of property. No warranties expressed or implied are made herein, notwithstanding that the goal remains to identify a suite of appropriate measures calculated, to the extent feasible under the circumstances, which would mitigate the potential for such injury or damage. Although the SBCFPD may determine to recommend, or mandate, particular ameliorative measures in advance, the responsibility to react to and implement suitable fire protection features required for the project site lies with the Project’s BOA and/or Property Manager. In the event the Project’s HOA and/or Property Management Company undertakes ongoing education and maintenance of the communal areas, this would be additive and support the common mission. Likewise, the SBCFPD may elect to develop and/or implement enforcement of vegetation management requirements. It is common to plan for these contingencies by adopting a “Ready, Set, Go” stance on emergency response (whether fire, earthquakes, flooding, chemical spills, etc.) and on dislocation or evacuation, along with other components discussed below, where appropriate. Experience garnered from other situations tends to support that “shelter-in-place” may be, but is not always, the preferred option. Fire and/or law enforcement officials may, during an emergency, determine that it is safer to temporarily refuge residents on-site. Again, where evacuation is ordered, ideally it will align with pre-established evacuation decision-tree points. Meetings and even drills are considered beneficial to augment the preparedness of owners, occupants, workers, and other potentially affected persons within the development for an incident that could occur with little or no warning. Packet Page. 959 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 71 JULY 2025 Limitation On Reliance Or Dependence Upon Report Any person or entity furnished with this report and/or who reviews it agrees that the advance written consent of Dudek be sought and furnished to such person or entity prior to the review, reliance or authorization as to any matters that are the subject of the reports by any person or entity (whether through act or omission as set forth in the report), other than Dudek’s direct client. In such case, obtaining Dudek’s consent shall not be subject to any fee or charge (other than reasonable copy costs, where applicable). Dudek expressly disavows, does not assume any responsibility for, nor will be liable for any claims, losses, or damages associated with any matters that are the subject of this or other reports it prepares or contributes to respecting this project, however characterized (including without limitation as sounding in tort, breach of contract, misrepresentation by act or omission, failure to adhere to applicable standards of professionalism, statutory liability, etc.), whether in law or equity, whether known or unknown, and whether actual or contingent, excepting only Dudek’s direct client, as to which the limitation of liability provisions in the contract between Dudek and its client shall govern. Packet Page. 960 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 72 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 961 14428 73 JULY 2025 8 List of Preparers Project Manager and Site Visit Austin Ott Fire Protection Planner V Dudek Fire Behavior Modeling Doug Nickles Fire Protection Planner V Dudek Fire Plan Preparer Dave Stimson Fire Protection Planner II Dudek GIS Analyst and Mapping Rachel Strobridge Geospatial Analyst Dudek Packet Page. 962 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 74 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 963 14428 75 JULY 2025 9 References Alexander, M. E. 1998. Crown fire thresholds in exotic pine plantations of Australia. Canberra, Australia: Australian National University. 228 p. Ph.D. Thesis Anderson, Hal E. 1982. Aids to Determining Fuel Models for Estimating Fire Behavior. USDA Forest Service Gen. Tech. Report INT-122. Intermountain Forest and Range Experiment Station, Ogden, UT. https://www.fs.usda.gov/rm/pubs_int/int_gtr122.pdf Andrews, P.L. 1980. Testing the fire behavior model. In Proceedings 6th conference on fire and forest meteorology. April 22–24, 1980. Seattle, WA: Society of American Foresters. Pp. 70–77. Andrews, Patricia L.; Collin D. Bevins; and Robert C. Seli. 2008. BehavePlus fire modeling system, version 3.0: User’s Guide. Gen. Tech. Rep. RMRS-GTR-106 Ogden, Utah: Department of Agriculture, Forest Service, Rocky Mountain Research Station. 132p. Arca, B., Laconi, M., Maccioni, A., Pellizzaro, G. and Salis, M., 2005. Validation of FARSITE model in Mediterranean area. University of Sassari. Baltar, M., J.E. Keeley, and F. P. Schoenberg. 2014. County-level Analysis of the Impact of Temperature and Population Increases on California Wildfire Data. Environmetrics 25; 397-405. Braun, K. 2002. Bushfire Threat to Homeowners. Community Perspectives about Fire, 2, 64-71. Braziunas, K. H., Seidl, R., Rammer, W., & Turner, M. G. (2021). Can we manage a future with more fire? Effectiveness of defensible space treatment depends on housing amount and configuration. Landscape Ecology, 36(2), 309–330. https://doi.org/10.1007/s10980-020-01162-x Brown, J.K. 1982. Fuel and fire behavior prediction in big sagebrush. USDA Forest Service Res. Pap. INT-290. 10p. Brown, J.K., 1972. Field test of a rate-of-fire-spread model in slash fuels (Vol. 116). Intermountain Forest & Range Experiment Station, Forest Service, US Department of Agriculture. Bushey, C.L. 1985. Comparison of observed and predicted fire behavior in the sagebrush and bunchgrass vegetation-type. In J.N. Long (ed.), Fire management: The challenge of protection and use: Proceedings of a symposium. Society of American Foresters. Logan, UT. April 17–19, 1985. Pp. 187–201. California Building Standards Commission. 2023. California Building Standards Code (California Code of Regulations, Title 24). 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Modeling potential structure ignitions from flame radiation exposure with implications for wildland urban interface fire management. In Thirteenth Fire and Forest Meteorology Conference, Lorne, Australia (p. 82). Cohen, Jack D. 1995. Structure ignition assessment model (SIAM). In: Weise, D.R.; Martin, R.E., technical coordinators. Proceedings of the Biswell symposium: fire issues and solutions in urban interface and wildland ecosystems. 1994 February 15¬17; Walnut Creek, California. Gen. Tech. Rep. PSW-GTR-158. Albany, Elia, M., Giannico, V., Lafortezza, R., & Sanesi, G. 2019. Modeling fire ignition patterns in Mediterranean urban interfaces. Stochastic Environmental Research and Risk Assessment, 33(1), 169–181. https://doi.org/10.1007/s00477-018-1558-5 FireFamily Plus. 2008. U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station. 124 p http://www.firelab.org/project/firefamilyplus. Fox, D. M., Carrega, P., Ren, Y., Caillouet, P., Bouillon, C., & Robert, S. 2018. How wildfire risk is related to urban planning and Fire Weather Index in SE France (1990–2013). Science of the Total Environment, 621, 120–129. https://doi.org/10.1016/j.scitotenv.2017.11.174 FRAP (Fire and Resource Assessment Program). 2007. Fire Hazard severity Zones in SRA. Adopted by California Department of Forestry and Fire Protection on November 7, 2007. Accessed July 2023. https://frap.fire.ca.gov Gorte, R. W. 2011. Wildfire protection in the Wildland-Urban interface. In Wildfires and Wildfire Management. Grabner, K. W.; Dwyer, J.P.; Cutter, B. E. 2001. Fuel model selection for BEH AVE in midwestern oak savannas. Northern Journal of Applied Forestry. 18: 74-80. Grabner, K., Dwyer, J. and Cutter, B., 1997. Validation of BEHAVE fire behavior predictions in oak savannas using five fuel models. UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE GENERAL TECHNICAL REPORT NC, pp.202-215. Hall, John R. 2013. US Experience with Sprinklers. National Fire Protection Association Report. 91 pp. Holland, R. F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Nongame- Heritage Program, California Department of Fish and Wildlife. Huntzinger, R. (2010). Determining the Necessary Components of an Evacuation and Shelter in Place. Emmitsburg: National Fire Academy. Packet Page. 965 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 77 JULY 2025 Keeley, J.E. and Syphard, A.D., 2018. Historical patterns of wildfire ignition sources in California ecosystems. International journal of wildland fire, 27(12), pp.781-799. Keeley, J.E., and P.H. Zedler. 2009. “Large, High-Intensity Fire Events in Southern California Shrublands: Debunking the Fine-Grain Age Patch Model.” Ecological Applications 19:69–94. Keeley, J.E., 2004. Impact of antecedent climate on fire regimes in coastal California. International Journal of Wildland Fire, 13(2), pp.173-182. Keeley, J.E. and Fotheringham, C.J., 2003. Impact of past, present, and future fire regimes on North American Mediterranean shrublands. In Fire and climatic change in temperate ecosystems of the Western Americas (pp. 218-262). New York, NY: Springer New York. Keeley, J.E. and S.C. Keeley. 1984. Post fire recovery of California coastal sage scrub. The American Midland Naturalist 111:105-117. Lawson, B.D. 1972. Fire spread in lodgepole pine stands. Graduate Student Theses, Dissertations, & Professional Papers. 2357. https://scholarworks.umt.edu/etd/2357 Linn, R. 2003. “Using Computer Simulations to Study Complex Fire Behavior.” Los Alamos National Laboratory, MS D401. Los Alamos, NM. Marsden-Smedley, J.B. and Catchpole, W.R., 1995. Fire behaviour modelling in Tasmanian buttongrass moorlands. II. Fire behaviour. International Journal of Wildland Fire, 5(4), pp.215-228. McAlpine, R.S. and Xanthopoulos, G., 1989. Predicted vs Observed fire spread rates in ponderosa pine fuel beds: a test of American and Canadian systems. In Proceedings of the 10th Conference on Fire and Forest Whitewood= Compte rendu du 10ieme Congress sur les incendies et la meterologie forestiere and editeurs DC Maiver, H. Auld, R. Whitewood. Ottawa, Ont.? Forestry Canada 1989. Mensing, S.A., Michaelsen, J. and Byrne, R., 1999. A 560-year record of Santa Ana fires reconstructed from charcoal deposited in the Santa Barbara Basin, California. Quaternary Research, 51(3), pp.295-305. Mockrin, M.H., Fishler, H.K. and Stewart, S.I., 2020. After the fire: Perceptions of land use planning to reduce wildfire risk in eight communities across the United States. International journal of disaster risk reduction, 45, p.101444. Nasiatka, P. 2003. Southern California Firestorm 2003 Report for the Wildland Fire Lessons Learned Center. Mission Centered Solutions. National Fire Protection Association. 2021. Myths vs Facts About Home Sprinklers. NFPA Web site at: NFPA’s Fire Sprinkler Initiative-Myths and facts about home fire sprinklers Newman, S.M., Carroll, M.S., Jakes, P.J. and Paveglio, T.B., 2013. Land development patterns and adaptive capacity for wildfire: Three examples from Florida. Journal of Forestry, 111(3), pp.167-174. Nichols, K., F.P. Schoenberg, J. Keeley, and D. Diez. 2011. “The Application of Prototype Point Processes for the Summary and Description of California Wildfires.” Journal of Time Series Analysis 32(4): 420–429. Packet Page. 966 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 78 JULY 2025 Romero-Calcerrada R, Novillo CJ, Millington JDA, Gomez-Jimenez I (2008) GIS analysis of spatial patterns of human-caused wildfire ignition risk in the SW of Madrid (Central Spain). Landscape Ecology 23, 341-354. doi:10.1007/S10980-008-9190-2 Rothermel, R.C. 1983. How to predict the spread and intensity of forest and range fires. GTR INT-143. Ogden, Utah: USDA Forest Service Intermountain Research Station.161. Rothermel, R.C., and G.C. Rinehart. 1983. Field Procedures for Verification and Adjustment of Fire Behavior Predictions. Res. Pap. INT-142. Ogden, Utah: U.S. Department of Agriculture, Forest Service, Intermountain Forest, and Range Experiment Station. 25 p. Safford, H. D., Schmidt, D. A., & Carlson, C. H. (2009). Effects of fuel treatments on fire severity in an area of wildland-urban interface, Angora Fire, Lake Tahoe Basin, California. Forest Ecology and Management, 258, 773–787. https://doi.org/10.1016/j.foreco.2009.05.024 San Bernardino County Fire Protection District. 2024. Ready, Set, Go! program. https://www.sbcounty.gov/ uploads/SBCFire/documents/programs/20231130_sbcfire_ready_set_go_flyer.pdf San Bernardino County Fire Protection District. 2024. 2021-2022 Annual Report. Accessed March 2024. https://sbcfire.org/annualreports/fy-21-22/ San Bernardino County Fire Protection District. 2024. Safety. https://sbcfire.org/safety/ Sawyer, J.O, T. Keeler-Wolf, and J.M. Evens. 2009. A Manual of California Vegetation. Second Edition. California Native Plant Society Press. Sacramento, California. 1,300 pp. Scott, Joe H., and Robert E. Burgan. 2005. Standard Fire Behavior Fuel Models: A Comprehensive Set for Use with Rothermel’s Surface Fire Spread Model. Gen. Tech. Rep. RMRS-GTR-153. Fort Collins, CO: U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station. 72 p. Scott, J.H. and Reinhardt, E.D., 2001. Assessing crown fire potential by linking models of surface and crown fire behavior (No. 29). US Department of Agriculture, Forest Service, Rocky Mountain Research Station. Scott, J. H., Thompson, M. P., & Gilbertson-Day, J. W. 2016. Examining alternative fuel management strategies and the relative contribution of National Forest System land to wildfire risk to adjacent homes - A pilot assessment on the Sierra National Forest, California, USA. Forest Ecology and Management, 362, 29–37. https://doi.org/10.1016/j.foreco.2015.11.038 Sneeuwjagt, R.J. and Frandsen, W.H., 1977. Behavior of experimental grass fires vs. predictions based on Rothermel’s fire model. Canadian Journal of Forest Research, 7(2), pp.357-367. Steffey, E., Budruk, M. and Vogt, C., 2020. The mitigated neighborhood: Exploring homeowner associations’ role in resident wildfire-mitigation actions. Journal of Forestry, 118(6), pp.613-624. Stone, D.R., 1990. California’s endemic vernal pool plants: some factors influencing their rarity and endangerment. Vernal pool plants-their habitat and biology, pp.89-107. Packet Page. 967 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 79 JULY 2025 Syphard AD, Radeloff VC, Keuler NS, Taylor RS, Hawbaker TJ, Stewart SI, Clayton MK (2008) Predicting spatial patterns of fire on a southern California landscape. International Journal of Wildland Fire 17, 602–613. doi:10.1071/WF07087 Syphard, Alexander D, Volker C Radeloff, Jon E. Keeley, Todd J. Hawbaker, Murray K. Clayton, Susan I. Stewart, Roger B. Hammer. 2007. Human Influence on California Fire Regimes. Ecological Applications. https://doi.org/10.1890/06-1128.1 Syphard AD, Bar Massada A, Butsic V, Keeley JE (2013) Land use planning and wildfire development policies influence future probability of housing loss. PLoS ONE 8(8), e71708. doi:10.1371/JOURNAL. PONE.0071708 Syphard, Alexandra D. and Jon E. Keeley. 2015. Location, timing, and extent of wildfire vary by cause of ignition. International Journal of Wildland Fire. 11 pp. Syphard, Alexandra & Brennan, Teresa & Keeley, Jon. (2014). The role of defensible space for residential structure protection during wildfires. International Journal of Wildland Fire. 23. 1165-1175. 10.1071/WF13158. Syphard, Alexandra & Keeley, Jon & Massada, Avi & Brennan, Teresa & Radeloff, Volker. (2012). Housing Arrangement and Location Determine the Likelihood of Housing Loss Due to Wildfire. PloS one. 7. e33954. 10.1371/journal.pone.0033954. Syphard, A.D. and Keeley, J.E., 2016. Historical reconstructions of California wildfires vary by data source. International Journal of Wildland Fire, 25(12), pp.1221-1227. Wang, H.H., Finney, M.A., Song, Z.L., Wang, Z.S. and Li, X.C., 2021. Ecological techniques for wildfire mitigation: Two distinct fuel break approaches and their fusion. Forest Ecology and Management, 495, p.119376. Warziniack, T., Champ, P., Meldrum, J., Brenkert-Smith, H., Barth, C.M. and Falk, L.C., 2019. Responding to risky neighbors: testing for spatial spillover effects for defensible space in a fire-prone WUI community. Environmental and Resource Economics, 73, pp.1023-1047. Weather Spark. 2023. Climate and Average Weather Year-Round in San Bernardino, San Bernardino Climate, Weather By Month, Average Temperature (California, United States) - Weather Spark Weise, D.R. and J. Regelbrugge. 1997. Recent chaparral fuel modeling efforts. Prescribed Fire and Effects Research Unit, Riverside Fire Laboratory, Pacific Southwest Research Station. 5p. Zhou, A. 2013. Performance evaluation of ignition-resistant materials for structure fire protection in the WUI. Fire and Materials 2013 - 13th International Conference and Exhibition, Conference Proceedings, January 2013, 355–366. Packet Page. 968 UNIVERSITY HILLS / PRELIMINARY FIRE PROTECTION PLAN 14428 80 JULY 2025 INTENTIONALLY LEFT BLANK Packet Page. 969 Appendix A Representative Photo Log Packet Page. 970 Packet Page. 971 UNIVERSITY HILLS (2/24/2025) ATTACHMENT 1 PHOTO LOG Packet Page. 972 PHOTO LOCATION KEY 1: IMG 0476- 0483 2: IMG 0485- 0492 3: IMG 0494- 0501 4: IMG 0503- 0510 Packet Page. 973 Picture 1: IMG 0477 Taken at the southwest corner of the Project along Badger Canyon Road looking northeast over the Project area. Topography slopes upwards to north. Vegetation is dense 4-5-foot-tall shrubs. Packet Page. 974 Picture 2: IMG 0481 Taken at the southwest corner of the Project along Badger Canyon Road looking southwest away from the Project area. Some shrub vegetation is present on the other side of the wash visible in the picture. Packet Page. 975 Picture 3: IMG 0509 Taken at the eastern boundary of the Project area looking west over the Project area. Topography slopes upwards towards the north. Vegetation on-site is 4-5-foot-tall dense shrubs. Packet Page. 976 Picture 4: IMG 0506 Taken at the eastern boundary of the project site looking east away from the project area. Topography slopes downwards towards the south and east. Vegetation on and off-site is 4-5-foot-tall dense shrubs. Packet Page. 977 Appendix B Fire History Map Packet Page. 978 Packet Page. 979 Project Site - Parcel 1 5-Mile Buffer Historic Fire Perimeters (Year) 2020 - 2023 2010 - 2019 2000 - 2009 1990 - 1999 1980 - 1989 1970 - 1979 1960 - 1969 1911 - 1959 SOURCE: BASE MAP- ESRI MAPPING SERVICE; FIRE DATA-CALFIRE 2023 0 21 Milesn Da t e : 6 / 1 0 / 2 0 2 5 - L a s t s a v e d b y : c g a r d n e r - P a t h : Z: \ P r o j e c t s \ j 1 4 4 2 8 0 0 \ M A P D O C \ U n i v e r s i t y H i l l s _ F i r e . a p r x APPENDIX B Fire History Map Fire Protection Plan - University Hills Project Packet Page. 980 Packet Page. 981 Appendix C BehavePlus Fire Behavior Modeling Summary Packet Page. 982 Packet Page. 983 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-1 JULY 2025 1 BehavePlus Fire Behavior Modeling History Fire behavior modeling has been used by researchers for approximately 50+ years to predict how a fire will move through a given landscape (Linn 2003). The models have had varied complexities and applications throughout the years. One model has become the most widely used as the industry standard for predicting fire behavior on a given landscape. That model, known as “BEHAVE,” was developed by the U. S. Government (USDA Forest Service, Rocky Mountain Research Station) and has been in use since 1984. Since that time, it has undergone continued research, improvements, and refinement. The current version, BehavePlus 6.0, includes the latest updates incorporating years of research and testing. Numerous studies have been completed evaluating the validity of the fire behavior models’ ability to predict fire behavior given site specific inputs. One of the most successful ways the model has been improved has been through post-wildfire modeling (Brown 1972, Lawson 1972, Sneeuwjagt and Frandsen 1977, Andrews 1980, Brown 1982, Rothermel and Rinehart 1983, Bushey 1985, McAlpine and Xanthopoulos 1989, Marsden-Smedley, and Catchpole 1995, Grabner et. al. 1997, Alexander 1998, Grabner et al. 2001, Arca et al. 2007). In this type of study, Behave is used to model fire behavior based on pre -fire conditions in an area that recently burned. Real-world fire behavior, documented during the wildfire, can then be compared to the predicted results of Behave and refinement to the fuel models incorporated, retested, and so on. Fire behavior modeling conducted on this site includes a relatively high-level of detail and analysis which results in reasonably accurate representations of how wildfire may move through available fuels on and adjacent to the property. Fire behavior calculations are based on site-specific fuel characteristics supported by fire science research that analyzes heat transfer related to specific fire behavior. To objectively predict flame lengths, spread rates, and fireline intensities, this analysis incorporated predominant fuel characteristics, slope percentages, and representative fuel models observed on site. The BehavePlus fire behavior modeling system was used to analyze anticipated fire behavior in key areas within and adjacent to the proposed Project site. Predicting wildland fire behavior is not an exact science. As such, the movement of a fire will likely never be fully predictable, especially considering the variations in weather and the limits of weather forecasting. Nevertheless, practiced, and experienced judgment, coupled with a validated fire behavior modeling system, results in useful and accurate fire prevention planning information. To be used effectively, the basic assumptions and limitations of BehavePlus must be understood. ▪ First, it must be realized that the fire model describes fire behavior only in the flaming front. The primary driving force in the predictive calculations is dead fuels less than one-quarter inch in diameter. These are fine fuels that carry fire. Fuels greater than one inch have an insignificant effect while fuels greater than three inches have no effect on fire behavior. ▪ Second, the model bases calculations and descriptions on a wildfire spreading through surface fuels that are within six feet of the ground and contiguous to the ground. Surface fuels are often classified as grass, brushes, litter, or slash. ▪ Third, the software assumes that weather and topography are uniform. However, because wildfire almost always burns under non-uniform conditions, the length of the projection period and choice of fuel model must be carefully considered to obtain useful predictions. Packet Page. 984 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-2 JULY 2025 ▪ Fourth, the BehavePlus fire behavior computer modeling system was not intended for determining sufficient fuel modification zone/defensible space widths. However, it does provide the average length of the flames, which is a key element for determining “defensible space” distances for minimizing structure ignition. Although BehavePlus has some limitations, it can still provide valuable fire behavior predictions which can be used as a tool in the decision-making process. In order to make reliable estimates of fire behavior, one must understand the relationship of fuels to the fire environment and be able to recognize the variations in these fuels. Natural fuels are made up of the various components of vegetation, both live and dead, that occur on a site. The type and quantity will depend upon the soil, climate, geographic features, and the fire or other disturbance history of the site. The major fuel groups of grass, shrub, trees, and slash are defined by their constituent types and quantities of litter and duff layers, dead woody material, grass and forbs, shrubs, regeneration, and trees. Fire behavior can be predicted largely by analyzing the characteristics of these fuels. Fire behavior is affected by seven principal fuel characteristics: fuel loading, size and shape, compactness, horizontal continuity, vertical arrangement, moisture content, and chemical properties. 2 Modeling Inputs Dudek utilized the BehavePlus software package to analyze fire behavior potential for the proposed development site in San Bernardino County, California. For this analysis, two pre- proposed Project scenarios were evaluated, including one average summer weather conditions northeast of the proposed Project site and southwest of the Project site. Additionally, two scenarios were run for post-project conditions (One average and one extreme weather condition respectively). The proposed Project site currently is undeveloped with largely unmaintained vegetation throughout the site. It is generally flat with minor change in elevation throughout the site and is covered with non- native grasses, sage scrub, and dispersed large shrubs. With that said, fuels and terrain adjacent to the development area could produce flying embers that may affect the proposed Project, but defenses will be built into the structures to prevent ember penetration and to extinguish fires that may result from ember penetration. It is the fuels directly adjacent to and within fuel modification zones that could have the potential to affect the proposed Project’s structures from a radiant and convective heat perspective as well as from direct flame impingement, however, the ignition resistant structures would be surrounded by irrigated landscape and hardscape areas. BehavePlus software requires site-specific variables for surface fire spread analysis, including fuel type, fuel moisture, wind speed, and slope data. The output variables used in this analysis include flame length (feet), rate of spread (feet/minute), fireline intensity (BTU/feet/second), and spotting distance (miles), crown fire flame length (feet), crown fire intensity (BTU/feet/second), crown fire spotting distance (miles). The following provides a description of the input variables used in processing the BehavePlus models for the proposed Project site. In addition, data sources are cited and any assumptions made during the modeling process are described. 2.1 Vegetation (Fuels) The seven fuel characteristics help define the 13 standard fire behavior fuel models and the five custom fuel models developed for Southern California (Anderson 1982; Weise & Regelbrugge 1997). According to the model classifications, fuel models used in BehavePlus have been classified into four groups, based upon fuel loading (tons/acre), fuel height, and surface to volume ratio. Observation of the fuels in the field (on site) determines which Packet Page. 985 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-3 JULY 2025 fuel models should be applied in BehavePlus. The following describes the distribution of fuel models among general vegetation types for the standard 13 fuel models and the custom Southern California fuel models: ▪ Grasses Fuel Models 1 through 3 ▪ Brush Fuel Models 4 through 7, SCAL 14 through 18 ▪ Timber Fuel Models 8 through 10 ▪ Logging Slash Fuel Models 11 through 13 In addition, the aforementioned fuel characteristics were utilized in the development of 40 more fire behavior fuel models developed for use in BehavePlus modeling efforts (Scott & Burgan 2005). These new models attempt to improve the accuracy of the standard 13 fuel models outside of severe fire season conditions, and to allow for the simulation of fuel treatment prescriptions. The following describes the distribution of fuel models among general vegetation types for the new 40 fuel models: ▪ Grass Models GR1 through GR9 ▪ Grass-shrub Models GS1 through GS4 ▪ Shrub Models SH1 through SH9 ▪ Timber-understory Models TU1 through TU5 ▪ Timber litter Models TL1 through TL9 ▪ Slash blowdown Models SB1 through SB4 To support the fire behavior modeling efforts conducted for the proposed, a Dudek Fire Protection Planner analyzed the different vegetation types observed on and adjacent to the site and they were subsequently classified into the aforementioned numeric fuel models. As is customary for this type of analysis, the terrain, and fuels directly adjacent to the site and proposed fuel modification zones (FMZ) are used for determining flame lengths and fire spread. Table 1. Existing Fuel Model Characteristics Fuel Model Assignment Vegetation Description Location Fuel Bed Depth (Feet) 1 SH5 High load, dry climate shrub Represents the chaparral vegetation and the shrubs within the proposed Project site 4-5 feet. SH2 Moderate load, dry climate shrub Dense shrubs vegetation throughout the proposed Project site 4-5 feet SCAL18 Sage scrub, buckwheat Brush vegetation throughout the proposed Project site 4-5 feet Note: 1 Listed fuel bed depths are a reflection of the fuel models that best depict the vegetation in and around the Proposed Project site and not an exact measure of local vegetation (Anderson 1982; Scott & Burgan 2005). Packet Page. 986 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-4 JULY 2025 Table 2. Post-development Fuel Model Characteristics Fuel Model Assignment Vegetation Description Location Fuel Bed Depth (Feet)1 GS1 Low load, dry climate grass shrub Onsite Zone 1 and 2 fuel modification 0.2 ft. FB8 Irrigated landscaping/compact litter Thinned landscape throughout the perimeter of the Project site <2.0 ft. NB1 Urban or suburban development Paved roadway. 0 ft. Note: 1 Listed fuel bed depths are a reflection of the fuel models that best depict the vegetation in and around the Proposed Project site and not an exact measure of local vegetation (Anderson 1982; Scott & Burgan 2005). 2.2 Topography Topography influences fire risk by affecting fire spread rates. Typically, steep terrain results in faster fire spread up- slope and slower fire spread down-slope in the absence of wind. Flat terrain tends to have insignificant effect on fire spread, resulting in fires that are driven by wind. The proposed Project site is relatively flat and gently slopes from approximately 1,613 feet above mean sea level (AMSL) in the southeastern corner to approximately 1,865 feet AMSL in the northwest corner. The open space surrounding the Project maintains the same relatively flat slope. 2.3 Weather Analysis Historical weather data for the San Bernardino County region was utilized in determining appropriate fire behavior modeling inputs for the proposed Project area. Average, on-shore (50th weather percentile and extreme off-shore (97th percentile) weather conditions were derived from Remote Automated Weather Stations (RAWS) and utilized in the fire behavior modeling efforts conducted in support of this report. The Devore RAWS Station (RAWS ID 045113) was utilized to find average and extreme weather values for the proposed Project area. The station was closest as it is the closest at approximately 3 miles northeast of the proposed Project site and would adequately approximate proposed Project site weather conditions. Data from fire seasons dating back to 2017 and up through 2025 were included in the analysis. RAWS fuel moisture and wind speed data were processed utilizing the Fire Family Plus software package to determine atypical (97th percentile) and typical (50th percentile) weather conditions. Data from the RAWS was evaluated from August 1 through December 31 for each year between 2017 and 2025 for 97th percentile weather conditions and from May 1 through September 30 for each year between 2017 and 2025 for 50th percentile weather conditions. Following analysis in Fire Family Plus, fuel moisture information was incorporated into the Initial Fuel Moisture file used as an input in BehavePlus. Wind speed data resulting from the Fire Family Plus analysis was also determined. Initial wind direction and wind speed values for the five BehavePlus runs were manually entered during the data input phase. The input wind speed and direction are an average surface wind at 20 feet above the vegetation over the analysis area. Table 3 summarizes the wind and weather input variables used in the Fire BehavePlus modeling efforts. Packet Page. 987 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-5 JULY 2025 Table 3. Wind and Weather Input Variables Model Variable Summer Weather (50 th Percentile) On and Offshore Wind Peak Weather (97 th Percentile) Offshore Wind Fuel Models SH5 SH5 1h Moisture 3% 2% 10h Moisture 5% 3% 100h Moisture 7% 5% Live Herbaceous Moisture 60% 30% Live Woody Moisture 90% 60% 20-foot Wind Speed (mph) 20 40 BehavePlus Wind Adjustment Factor 0.4 0.4 3 Fire Behavior Modeling Efforts As mentioned, the BehavePlus fire behavior modeling software package was utilized in evaluating anticipated fire behavior adjacent to the proposed Project site. Two focused scenarios were completed for pre-Project existing fuels conditions, and two were completed for the post proposed Project conditions. The results of the modeling effort included anticipated values for surface fires flame length (feet), rate of spread (mph), fireline intensity (Btu/ft/s), and spotting distance (miles). The aforementioned fire behavior variables are a vital component in understanding fire risk and fire agency response capabilities. Flame length, the length of the flame of a spreading surface fire within the flaming front, is measured from midway in the active flaming combustion zone to the average tip of the flames (Andrews, Bevins, and Seli 2008). Fireline intensity is a measure of heat output from the flaming front and also affects the potential for a surface fire to transition to a crown fire. Fire spread rate represents the speed at which the fire progresses through surface fuels and is another important variable in initial attack and fire suppression efforts (Rothermel and Rinehart 1983). Spotting distance is the distance a firebrand or ember can travel down wind and ignite receptive fuel beds. Two pre-Project and two post-Project fire modeling scenario locations were selected to better understand the different fire behavior that may be experienced on or adjacent to the site based on slope and fuel conditions; these fire scenarios are explained in more detail below: Fire Scenario Locations and Descriptions: ▪ Scenario 1. Fire flaming front approaching from the northeast towards the northern side of Parcel 1 Project boundary with 40 mph north/northeast winds; 18% downhill slope within 100 to 300 feet of edge of grading. - Existing conditions: undeveloped land off-site (to be preserved as open space) and on site with native vegetation (chaparral, sage scrub). - Post-development conditions: include the same off -site conditions with irrigated manufactured slopes, fuel modification zones, and paved roadways on site. ▪ Scenario 2. Fire flaming front approaching from the southwest towards the western boundary of the Parcel 1 western boundary with 20 mph west/southwest winds; 6% uphill slope within 400 feet of edge of grading. - Existing conditions: undeveloped land off-site and on-site with native vegetation (sage scrub, forbs). Packet Page. 988 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-6 JULY 2025 - Post-development conditions: include the same off-site conditions with irrigated manufactured slopes, fuel modification zones, and paved roadways on site. 4 Fire Behavior Modeling Results The results presented in Tables 4 and 5 depict values based on inputs to the BehavePlus software and are not intended to capture changing fire behavior as it moves across a landscape. Changes in slope, weather, or pockets of different fuel types are not accounted for in this analysis. For planning purposes, the averaged worst-case fire behavior is the most useful information for conservative fuel modification design. Model results should be used as a basis for planning only, as actual fire behavior for a gi ven location will be affected by many factors, including unique weather patterns, small-scale topographic variations, or changing vegetation patterns. The proposed Project site maintains similar slope and vegetation types on and offsite. The fire behavior models have been run considering pre-Project and post-Project conditions. Under the summer weather conditions modeled in Scenario 1, a fire burning in the off-site chaparral, modeled as SH5, would exhibit the most intense fire behavior with the sage/buckwheat vegetation, modeled as SCAL18 exhibiting similar fire behavior (refer to Table 3, Fire Behavior Results for Existing Conditions). A worst-case fire under gusty Santa Ana winds and low fuel moistures is expected to be moving up to 4.7 mph. Flame length values were modeled at 35.5 to 36.3 feet. Spotting is projected to occur up to 1.8 miles from the flaming front. The results of fire behavior modeling analysis for pre- and post-Project conditions are presented in Tables 4 and 5, respectively. Identification of modeling run (fire scenarios) locations is presented graphically in Figure 4, BehavePlus Analysis Map. Table 4. Modeling Results for Existing Conditions Fire Scenarios Flame Length 1 (feet) Fireline Intensity 1 (BTU/feet/ second) Spread Rate 1 (mph) Spotting Distance 1 (miles) Scenario 1 (Pre -Project): 18 % downhill slope , 40 mph wind from NE Fuel Model SH5 – Chaparral 36.3 13,958 4.7 1.8 Fuel Model SCAL18 – Sage, buckwheat 35.5 13,342 2.1 1.8 Fuel Model SH2 – Sage, forbs 13.1 1,515 0.7 0.9 Scenario 2 (Pre -Project): 6% uphill slope, 20 mph wind from W/SW Model SH2 – Sage, forbs 8.6 603 0.3 0.4 Note: 1 Wind-driven surface fire. Packet Page. 989 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-7 JULY 2025 Table 5. Modeling Results for Post-Project Conditions Fire Scenarios Flame Length 1 (feet) Fireline Intensity 1 (BTU/feet/ second) Spread Rate 1 (mph) Spotting Distance 1 (miles) Scenario 1 (P ost -Project onsite ): 25% downhill slope, 40 mph wind from NE Fuel Model GS1 – maintained shrubs for fuel modification 11.1 1,067 2.0 0.8 Fuel Model 8 – Irrigated landscaping/FMZ 2.6 46 0.1 0.3 Fuel Model NB1 – paved roadway N/A N/A N/A N/A Scenario 2 (Post -Project onsite ): 20% uphill slope, 20 mph wind from SW Fuel Model GS1 – maintained shrubs for fuel modification 7.2 411 0.8 0.4 Non-burnable N/A N/A N/A N/A Note: 1 Wind-driven surface fire. The following describes the fire behavior variables (Heisch and Andrews 2010) as presented in Tables 4 and 5: Surface Fire: ▪ Flame Length (feet): The flame length of a spreading surface fire within the flaming front is measured from midway in the active flaming combustion zone to the average tip of the flames. ▪ Fireline Intensity (Btu/ft/s): Fireline intensity is the heat energy release per unit time from a one-foot wide section of the fuel bed extending from the front to the rear of the flaming zone. Fireline intensity is a function of rate of spread and heat per unit area and is related to flame length. Fireline intensity and the flame length are related to the heat felt by a person standing next to the flames. ▪ Surface Rate of Spread (mph): Surface rate of spread is the "speed" the fire travels through the surface fuels. Surface fuels include litter, grass, brush, and other dead and live vegetation within about 6 feet of the ground. The information in Table 6 presents an interpretation of the outputs for five fire behavior variables as related to fire suppression efforts. The results of fire behavior modeling efforts are presented in Tables 4 and 5. Identification of modeling run locations is presented graphically in Figure 4 of the FPP. Table 6. Fire Suppression Interpretation Flame Length (ft) Fireline Intensity (Btu/ft/s) Interpretations Under 4 feet Under 100 BTU/ft/s Fires can generally be attacked at the head or flanks by people using hand tools. Hand line should hold the fire. 4 to 8 feet 100-500 BTU/ft/s Fires are too intense for direct attack on the head by people using hand tools. Hand line cannot be relied on to hold the fire. Equipment such as dozers, pumpers, and retardant aircraft can be effective. Packet Page. 990 APPENDIX C / BEHAVEPLUS FIRE BEHAVIOR MODELING SUMMARY 14428 C-8 JULY 2025 Table 6. Fire Suppression Interpretation Flame Length (ft) Fireline Intensity (Btu/ft/s) Interpretations 8 to 11 feet 500-1000 BTU/ft/s Fires may present serious control problems -- torching out, crowning, and spotting. Control efforts at the fire head will probably be ineffective. Over 11 feet Over 1000 BTU/ft/s Crowning, spotting, and major fire runs are probable. Control efforts at head of fire are ineffective. Packet Page. 991 Appendix D Ignition-Resistant Construction Requirements Packet Page. 992 Packet Page. 993 APPENDIX D / IGNITION -RESISTANT CONSTRUCTION REQUIREMENTS 14428 JULY 2025 D-1 As of the date of this fire protection plan, the following are the requirements for ignition resistant construction for The Proposed Project, including requirements under Chapter 7A of the California Building Code (CBC). In addition, exterior building construction including roofs, eaves, exterior walls, doors, windows, decks, and other attachments must meet the most current CBC Chapter 7A ignition resistance requirements at the time of building permit application. 1.All structures will be built with a Class A roof assembly, including a Class A roof covering. Roofs shall have a roofing assembly installed in accordance with its listing and the manufacturer’s installation instructions. 2.Where the roof profile allows a space between the roof covering and roof decking, the spaces shall be constructed to prevent the intrusion of flames and embers, be fire stopped with approved materials or have one layer of minimum 72-pound mineral-surfaced non-perforated cap sheet complying with ASTM D 3909 installed over the combustible decking. However, openings on barrel tiles or similar roof coverings, must be fire stopped (bird stopped) with approved materials to prevent the accumulation of debris, bird nests, etc. between the tiles and decking material. 3.When provided, exposed valley flashings shall be not less than 0.019-inch (No. 26 galvanized sheet gage) corrosion-resistant metal installed over a minimum 36-inch-wide underlayment consisting of one layer of minimum 72-pound mineral-surfaced non-perforated cap sheet complying with ASTM D 3909 running the full length of the valley. 4.All rain gutters, down spouts and gutter hardware shall be constructed from metal or other non-combustible material to prevent wildfire ignition along eave assemblies. 5.All chimney, flue or stovepipe openings attached to a fireplace, stove, or other solid or liquid fuel burning equipment or device shall be equipped with an approved spark arrester. An approved spark arrester is defined as a device intended to prevent sparks from escaping into the atmosphere and constructed of nonflammable materials, having a 12-gauge minimum thicknesses with openings no greater than ½ inch, or other alternative material the SBCFPD determines to provide equal or better protection. It shall be installed to be visible for the purposes of inspection and maintenance. 6.The exterior surface materials shall be non-combustible, including hard or ignition resistant, such as stucco. In all construction, exterior walls shall extend from the top of the foundation to the roof and terminate at 2- inch nominal solid blocking between rafters at all roof overhangs, or in the case of enclosed eaves, terminate at the enclosure. 7.All eaves, fascias, and soffits will be enclosed (boxed) with non-combustible materials. This shall apply to the entire perimeter of each structure. Eaves of heavy timber construction are not required to be enclosed as long as attic venting is not installed in the eaves. For the purposes of this section, heavy timber construction shall consist of a minimum of 4”x 6” rafter tails. 8.Paper-faced insulation shall be prohibited in attics or ventilated spaces. 9.Automatic interior fire sprinklers for residential buildings shall be installed according to the National Fire Protection Association (NFPA) 13D requirements. 10.Roof vents, dormer vents, gable vents, foundation ventilation openings, ventilation openings in vertical walls, or other similar ventilation openings shall be louvered and covered with 1/16-inch, noncombustible, corrosion-resistant metal mesh or other approved material that offers equivalent protection. 11.Attic or foundation ventilation louvers or ventilation openings in vertical walls shall not exceed 144 square inches per opening and shall be covered with 1/16” inch mesh corrosion-resistant metal screen or other approved material that offers equivalent protection. Ventilation louvers and openings may be incorporated as part of access assemblies. Packet Page. 994 APPENDIX D / IGNITION -RESISTANT CONSTRUCTION REQUIREMENTS 14428 JULY 2025 D-2 12. No attic ventilation openings or ventilation louvers shall be permitted in soffits, in eave overhangs, between rafters at eaves, or in other overhanging areas. 13. All fences and gate assemblies (fences, gates, and fence posts) attached or within five feet of a structure shall be of non-combustible material or pressure-treated exterior fire-retardant wood. 14. All projections (exterior balconies, decks, patio covers, unenclosed roofs and floors, and similar architectural appendages and projections) or structures less than five feet from a building shall be of non- combustible material, one-hour fire resistive construction on the underside, heavy timber construction, pressure-treated exterior fire- retardant wood or ignition resistant construction. When such appendages and projections are attached to exterior fire- resistive walls, they shall be constructed to maintain same fire-resistant standards as the exterior walls of the structure. 15. Accessory structures attached to buildings with habitable spaces and projections shall be in accordance with Chapter 7A of the CBC. 16. Detached accessory structures located less than 50 feet from a building containing habitable space shall be constructed in accordance with Chapter 7A of the CBC. a. Exception: Accessory structures less than 120 square feet in floor area located at least 30 feet from a building containing a habitable space. 17. Exterior doors shall be approved non-combustible construction, solid core wood and shall conform to the performance requirements of standard SFM 12-7A-1 or shall be of approved noncombustible construction, or solid core wood having stiles and rails not less than 1⅜ inches thick with interior field panel thickness no less than 1¼ inches thick, or shall have a fire-resistance rating of not less than 20 minutes when tested according to National Fire Protection Association (NFPA) 252. 18. All glass or other transparent, translucent or opaque glazing materials, that is used in exterior windows, including skylights, or exterior glazed door assemblies shall be constructed of multipane glazing with one tempered pane meeting the requirements of Section 2406 (2016 CBC) Safety Glazing. 19. Vinyl window assemblies are deemed acceptable if the windows have the following characteristics: a. Frame and sash are comprised of vinyl material with welded corners. b. Metal reinforcements in the interlock area. c. Glazed with insulating glass, annealed or tempered (one layer of which must be tempered glass). d. Frame and sash profiles are certified in AAMA Lineal Certification Program. e. Certified and labeled to ANSI/AAMA/NWWDA 101/LS2-97 for Structural Requirements. Packet Page. 995 Appendix E Prohibited Plant List Packet Page. 996 Packet Page. 997 APPENDIX E FUEL MODIFICATION ZONE PROHIBITED PLANTS LIST 14428 July 2025 E-1 Botanical Name Common Name Comment* Trees Abies species Fir F Agonis juniperina Juniper Myrtle F Casuarina cunninghamiana River She-Oak F Chamaecyparis species (numerous) False Cypress F Cryptomeria japonica Japanese Cryptomeria F Cupressocyparis leylandii Leyland Cypress F Cupressus species (C. fobesii, C. glabra, C. sempervirens,) Cypress (Tecate, Arizona, Italian, others) F Eucalyptus species (numerous) Eucalyptus F, I Juniperus species (numerous) Juniper F Lithocarpus densiflorus Tan Oak F Melaleuca species (M. linariifolia, M. nesophila, M. quinquenervia) Melaleuca (Flaxleaf, Pink, Cajeput Tree) F, I Picea (numerous) Spruce F Palm species (numerous) Palm F, I Pinus species (P. brutia, P. canariensis, P. b. eldarica, P. halepensis, P. pinea, P. radiata, numerous others) Pine (Calabrian, Canary Island, Mondell, Aleppo, Italian Stone, Monterey) F Platycladus orientalis Oriental arborvitae F Pseudotsuga menziesii Douglas Fir F Tamarix species (T. africana, T. aphylla, T. chinensis, T. parviflora) Tamarix (Tamarisk, Athel Tree, Salt Cedar, Tamarisk) F, I Taxodium species (T. ascendens, T. distichum, T. mucronatum) Cypress (Pond, Bald, Monarch, Montezuma) F Taxus species (T. baccata, T. brevifolia, T. cuspidata) Yew (English, Western, Japanese) F Thuja species (T. occidentalis, T. plicata) Arborvitae/Red Cedar F Groundcovers, Shrubs & Vines Acacia species Acacia F, I Adenostoma fasciculatum Chamise F Adenostoma sparsifolium Red Shanks F Agropyron repens Quackgrass F, I Anthemis cotula Mayweed F, I Arctostaphylos species Manzanita F Arundo donax Giant Reed F, I Artemisia species (A. abrotanium, A. absinthium, A. californica, A. caucasica, A. dracunculus, A. tridentata, A. pynocephala) Sagebrush (Southernwood, Wormwood, California, Silver, True tarragon, Big, Sandhill) F Atriplex species (numerous) Saltbush F, I Avena fatua Wild Oat F Baccharis pilularis Coyote Bush F Bambusa species Bamboo F, I Bougainvillea species Bougainvillea F, I Brassica species (B. campestris, B. nigra, B. rapa) Mustard (Field, Black, Yellow) F, I Packet Page. 998 APPENDIX E FUEL MODIFICATION ZONE PROHIBITED PLANTS LIST 14428 July 2025 E-2 Botanical Name Common Name Comment* Bromus rubens Foxtail, Red brome F, I Castanopsis chrysophylla Giant Chinquapin F Cardaria draba Hoary Cress I Cirsium vulgare Wild Artichoke F,I Conyza bonariensis Horseweed F Coprosma pumila Prostrate Coprosma F Cortaderia selloana Pampas Grass F, I Cytisus scoparius Scotch Broom F, I Eriogonum species (E. fasciculatum) Buckwheat (California) F Fremontodendron species Flannel Bush F Heterotheca grandiflora Telegraph Plant F Hordeum leporinum Wild barley F, I Juniperus species Juniper F Lactuca serriola Prickly Lettuce I Larrea tridentata Creosote bush F Lolium multiflorum Ryegrass F, I Lonicera japonica Japanese Honeysuckle F Mimulus aurantiacus Sticky Monkeyflower F Miscanthus species Eulalie Grass F Muhlenbergia species Deer Grass F Nicotiana species (N. bigelovii, N. glauca) Tobacco (Indian, Tree) F, I Pennisetum setaceum Fountain Grass F, I Perovskia atroplicifolia Russian Sage F Phoradendron species Mistletoe F Pickeringia montana Chaparral Pea F Rhus (R. diversiloba, R. laurina, R. lentii) Sumac (Poison oak, Laurel, Pink Flowering) F Ricinus communis Castor Bean F, I Rhus Lentii Pink Flowering Sumac F Salvia species (numerous) Sage F, I Salsola australis Russian Thistle F, I Solanum Xantii Purple Nightshade (toxic) I Silybum marianum Milk Thistle F, I Thuja species Arborvitae F Urtica urens Burning Nettle F *F = flammable, I = Invasive Notes: 1. Plants on this list that are considered invasive are a partial list of commonly found plants. There are many other plants considered invasive that should not be planted in a fuel modification zone and they can be found on The California Invasive Plant Counci l’s Website www.cal-ipc.org/ip/inventory/index.php. Other plants not considered invasive at this time may be determined to be invasive after further study. 2. For the purpose of using this list as a guide in selecting plant material, it is stipulated that all plant material will burn under various conditions. 3. The absence of a particular plant, shrub, groundcover, or tree, from this list does not necessarily mean it is fire resistive. 4. All vegetation used in Fuel Modification Zones and elsewhere in this development shall be subject to approval of the Fire Code Official. 5. Landscape architects may submit proposals for use of certain vegetation on a project specific basis. They shall also submit justifications as to the fire resistivity of the proposed vegetation. Packet Page. 999 STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF WATER RESOURCES P.O. BOX 942836 SACRAMENTO, CA 94236-0001 (916) 653-5791 City of San Bernardino Planning Division 290 North D Street San Bernardino, CA 92401 Dear City of San Bernardino: The California Department of Water Resources (DWR) previously sent a letter dated January 12, 2026 (enclosed) regarding existing Lease No. EBE-80 (Lease), on San Bernardino County APN 0265-031-24-0000 (also known as DWR Parcel No. EBE-80), under which DWR leases the property to the Crestline Soaring Society (Crestline) for use as the Andy Jackson Airpark (Airpark). The Lease allows Crestline to operate and maintain a hang-gliding landing site, parking area, and access to the site. The prior letter summarized DWR’s obligation under Article 410 of its Federal Energy Regulatory Commission (FERC) license that it relocate the Airpark in connection with construction of the Devil Canyon Power Plant Second Afterbay many years ago. The prior letter also asked the City to consider potential impacts to the Airpark—and any resulting implications for DWR’s FERC license — when reviewing nearby projects. This letter provides an update based on DWR’s additional analysis of whether approval of the University Hills Development would have any impact on DWR’s ongoing FERC license obligations. Under the license, Article 410 required DWR to file a plan to relocate the Airpark; DWR submitted that plan, and FERC approved it in 1993. Article 410 does not designate the Airpark as a FERC project recreation facility or impose any ongoing recreation or relocation obligations on DWR. Accordingly, Article 410 imposed a one-time mitigation obligation upon DWR; there are no continuing or additional FERC license obligations related to the Airpark, and DWR considers its responsibilities under the license on this issue to be complete. Based on the results of DWR’s analysis, DWR has no further comment regarding the approval of the University Hills Development as it relates to DWR’s FERC license. Please contact me if you have any further questions at Kristen.Greenacre@water.ca.gov. Sincerely, Kristen Greenacre Senior Right of Way Agent cc: Jaime Shelden, Crestline Soaring Society David Hardy, Encore Capital Management Docusign Envelope ID: E1717134-A34C-43EE-A295-61DA435219B2 4/15/2026 Packet Page. 1000 January 12, 2026 VIA EMAIL Lisa Sherrick, Chair Larry Quiel, Vice Chair Casey Dailey, Commissioner Amelia Lopez, Commissioner Ivan Garcia, Commissioner Ronnika Ngalande, Commissioner Benjamin Pratt, Commissioner Dan Carlone, Commissioner Orlando Garcia, Commissioner Planning Commission City of San Bernardino 201 North E Street, 3rd Floor San Bernardino, CA 92401 Community Development & Housing Dept. City of San Bernardino 201 North E Street, 3rd Floor San Bernardino, CA 92401 rosales_mi@sbcity.org Re: Comment on Addendum to University Hills Specific Plan (SCH No. 2007071155) for Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595) January 13, 2026 Planning Commission Agenda Item 2 Dear Chair Sherrick, Vice Chair Quiel, Honorable Planning Commissioners, and Mr. Rosales: This comment is submitted on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”) regarding Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595), which proposes the development of 327 single-family residential lots, located on an approximately 404.03-acre site at Badger Canyon Road and W. Frontline Road in the City of San Bernardino (“Project”), to be heard as Agenda Item 2 at the Planning Commission’s January 13, 2026 meeting. SAFER objects to the City’s reliance on an Addendum to the University Hills Specific Plan Final Subsequent Environmental Impact Report (SCH No. 2007071155) certified in 2008 (“UHSP FSEIR”), for the Project. Under the California Environmental Quality Act (“CEQA”), an addendum is not appropriate because the Project is not within the scope of the prior program EIR and there is new information available since certification of the 2008 UHSP FSEIR indicating new significant impacts and/or the availability of new Packet Page. 1001 January 12, 2026 Comment on Addendum to University Hills Specific Plan (SCH No. 2007071155) for Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595) January 13, 2026 Planning Commission Agenda Item 2 Page 2 of 2 mitigation measures. Therefore, SAFER requests that the Planning Commission refrain from taking any action on the Project at this time and, instead, direct staff to prepare an initial study for the Project, followed by a project-specific EIR or negative declaration as required by CEQA. Sincerely, Rebecca Davis LOZEAU | DRURY LLP Packet Page. 1002 STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF WATER RESOURCES P.O. BOX 942836 SACRAMENTO, CA 94236-0001 (916) 653-5791 City of San Bernardino Planning Division 290 North D Street San Bernardino, CA 92401 Dear City of San Bernardino: The Department of Water Resources (DWR) currently has a lease, known as Lease No. EBE-80 (Lease), on San Bernardino County APN 0265-031-24-0000, also known as DWR Parcel No. EBE- 80 with the Crestline Soaring Society (Crestline) for the Andy Jackson Airpark. This Lease allows Crestline to operate and maintain a Hang Gliding Landing Site, parking area, and access to the site. DWR Parcel EBE-80 was purchased in 1993 solely for the purpose of relocating Crestline from another parcel that DWR purchased in 1989 related to the expansion of the Devil’s Canyon Power Plant Second Afterbay (Project) and associated proposal to increase power generation at the power plant. This Project required review and approval by the Federal Energy Regulatory Commission (FERC) for licensing to expand the Devils Canyon Power Plant and its operation. Under Article 410 of DWR’s FERC license, DWR was required to acquire property and relocate Crestline to mitigate for what would otherwise be the loss of a hang gliding recreation site. A critical component of all FERC licensing is the requirement for recreation, as established by the issuance of Order 260-A in 1963 which amended Section 4.41 of the Commission’s Regulations (18 CFR Part 4, Subpart E, §4.41) to require the filing of a recreation resource plan for all major license applications filed after June 1, 1963. In 1965, Order No. 313 was issued which added Section 2.7 of the General Policy and Interpretations section to ensure that the ultimate development of recreation resources at all projects is consistent with area recreational needs. In this case, the popularity of the Andy Jackson Airpark shows a clear area -specific need for hang-gliding as the type of recreation and it is unlikely that FERC would authorize replacement of the Airpark with another type of recreation at the same site, and it would be more likely that there would be a requirement to relocate the airpark. This requirement means that the loss of any recreation site, but especially the Andy Jackson Airpark operated by Crestline, may have critical impacts on FERC licensing for the State of California’s Department of Water Resources and its operations to deliver water to millions of people in Southern California. Restriction of airspace due to City planning would qualify as a significant impact that would result in the loss of this recreation site. As such, we request that the City work with DWR directly to understand our concerns and mitigate potential impacts or interference to our ability to operate our State Water Resources Development System prior to approval of any projects in the vicinity of the Airpark. Please contact me at your earliest convenience to discuss this matter further at Kristen.Greenacre@water.ca.gov. Sincerely, Kristen Greenacre Senior Right of Way Agent Docusign Envelope ID: 3B2A7D04-301B-4F0C-AED6-EE0F834D57E5 1/12/2026 Packet Page. 1003 STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF WATER RESOURCES P.O. BOX 942836 SACRAMENTO, CA 94236-0001 (916) 653-5791 City of San Bernardino Planning Division 290 North D Street San Bernardino, CA 92401 Dear City of San Bernardino: The California Department of Water Resources (DWR) previously sent a letter dated January 12, 2026 (enclosed) regarding existing Lease No. EBE-80 (Lease), on San Bernardino County APN 0265-031-24-0000 (also known as DWR Parcel No. EBE-80), under which DWR leases the property to the Crestline Soaring Society (Crestline) for use as the Andy Jackson Airpark (Airpark). The Lease allows Crestline to operate and maintain a hang-gliding landing site, parking area, and access to the site. The prior letter summarized DWR’s obligation under Article 410 of its Federal Energy Regulatory Commission (FERC) license that it relocate the Airpark in connection with construction of the Devil Canyon Power Plant Second Afterbay many years ago. The prior letter also asked the City to consider potential impacts to the Airpark—and any resulting implications for DWR’s FERC license — when reviewing nearby projects. This letter provides an update based on DWR’s additional analysis of whether approval of the University Hills Development would have any impact on DWR’s ongoing FERC license obligations. Under the license, Article 410 required DWR to file a plan to relocate the Airpark; DWR submitted that plan, and FERC approved it in 1993. Article 410 does not designate the Airpark as a FERC project recreation facility or impose any ongoing recreation or relocation obligations on DWR. Accordingly, Article 410 imposed a one-time mitigation obligation upon DWR; there are no continuing or additional FERC license obligations related to the Airpark, and DWR considers its responsibilities under the license on this issue to be complete. Based on the results of DWR’s analysis, DWR has no further comment regarding the approval of the University Hills Development as it relates to DWR’s FERC license. Please contact me if you have any further questions at Kristen.Greenacre@water.ca.gov. Sincerely, Kristen Greenacre Senior Right of Way Agent cc: Jaime Shelden, Crestline Soaring Society David Hardy, Encore Capital Management Docusign Envelope ID: E1717134-A34C-43EE-A295-61DA435219B2 4/15/2026 Packet Page. 1004 Transmitted Via Email File: 10(ENV)-4.01 May 5, 2026 City of San Bernardino Attn: Michael Rosales Planning Commission 290 N D Street San Bernardino, CA 92401 rosales_mi@sbcity.org RE: CITY OF SAN BERNARDINO – NOTICE OF PUBLIC HEARING FOR SPECIFIC PLAN AMENDMENT 23-01 & SUBDIVISION 23-05 (TRACT MAP 20595) UNIVERSITY HILLS Dear Mr. Rosales: Thank you for allowing the San Bernardino County Department of Public Works the opportunity to comment on the above-referenced project. We received this request on April 10, 2026, and pursuant to our review, we have the following comments for your consideration and inclusion into public record: Flood Control Planning Division (Michael Fam, Engineering Manager, 909-387-8121): 1.The Project proponent has started the permitting process with the San Bernardino County Flood Control District (District) Permit Section for the proposed activities within the District right-of-way (Permit No. FCCON-2023-00040). Please complete this process prior to any activity within District right-of-way. For questions regarding the Permitting process please contact (909) 387-7995. For questions regarding right-of-way acquisitions or easements, please contact Samuel Ochoa at (909) 387-8149. Flood Control Water Resources Division (Michael Fam, Engineering Manager, 909-387- 8121): 2.This office has previously reported on this project to the Environmental Management Division (EMD) by Interoffice Memo dated December 4, 2024. A copy of our previous correspondence is attached for your reference. Our comments and recommendations remain the same. 3.This project holds an active permit with the District (No. FCCON-2023-00040). All comments issued by the District as part of the permit process must be addressed. Department of Public Works •Flood Control •Special Districts •Operations •Surveyor •Solid Waste Management • Transportation Main Office - 825 East Third Street, San Bernardino, CA 92415-0835 | Phone: 909.387.7910 Fax: 909.387.7911 Noel Castillo, P.E. Director Byanka Velasco, P.E. Assistant Director David Doublet, M.S., P.E. Assistant Director Packet Page. 1005 PROJECT COMMENT - NOTICE OF PUBLIC HEARING FOR SPA 23-01/SUB 23-05 APNs: 0265-041-12, 0265-051-12 and -13; 0265-061-16; 0265-011-06, -07, and -08; 0265-051 -09; and 0265-021-13. May 5, 2026 Page 2 of 2 We respectfully request to be included on the circulation list for all project notices, public reviews, or public hearings. In closing, I would like to thank you again for allowing the San Bernardino County Department of Public Works the opportunity to comment on the above-referenced project. Should you have any questions or need additional clarification, please contact the individuals who provided the specific comment, as listed above. Sincerely, Arlene B. Chun, M.S., P.E. Engineering Manager Environmental Management Division ABC:mmw:mc Attachments: Previous Comment Letter of December 4, 2024 Packet Page. 1006 January 12, 2026 Transmitted Via Email File: 10(ENV)-4.01 City of San Bernardino Attn: Michael Rosales Planning Commission 290 N D Street San Bernardino, CA 92401 rosales_mi@sbcity.org RE: CITY OF SAN BERNARDINO – NOTICE OF PUBLIC HEARING FOR SPECIFIC PLAN AMENDMENT 23-01 & SUBDIVISION 23-05 (TRACT MAP 20595) UNIVERSITY HILLS Dear Mr. Rosales: Thank you for allowing the San Bernardino County Department of Public Works the opportunity to comment on the above-referenced project. We received this request on January 02, 2026, and pursuant to our review, the following comments are provided: Permits Division (David Belicki, Engineering Manager, (909)-387-7995): 1. This project is in University Hills and is adjacent to the District’s facilities North, East and West Badger Channel, Basin, and Spreading Grounds as well as Sycamore Basin and Diversion Channel. A permit will be required for any encroachment onto District right-of- way. The developer has had some preliminary meetings with staff from the Flood Permits division as they seek to obtain access to the development through District property. Flood Control Planning (Michael Fam, Engineering Manager, (909) 387-8120): 1. FC Planning and Operations Support has completed their Project review for the City of San Bernardino Tract Map 20595. FC Planning and Operations Support concurs with FC Permits comment. The project proponent should continue to coordinate with the San Bernardino County Flood Control District (SBCFCD) - Permit Section for any encroachments within District Right of Way or facilities. If they have any questions, please contact SBCFCD-Permit Section at (909) 387-7995. Department of Public Works • Flood Control • Special Districts • Operations • Surveyor • Solid Waste Management • Transportation Main Office - 825 East Third Street, San Bernardino, CA 92415-0835 | Phone: 909.387.7910 Fax: 909.387.7911 Noel Castillo, P.E. Director Byanka Velasco, P.E. Assistant Director David Doublet, M.S., P.E. Assistant Director Packet Page. 1007 City of San Bernardino – Notice of Public Hearing For Specific Plan Amendment 23-01 & Subdivision 23-05 (Tract Map 20595) University Hills January 12, 2026 Page 2 of 2 Water Resources (Michael Fam, Engineering Manager, (909) 387-8120): 1.This office has previously reported on this project to the Environmental Management Division by interoffice Memo dated December 4, 2024. A copy of our previous correspondence is attached for your reference. Our comments and recommendations remain the same. We respectfully request to be included on the circulation list for all project notices, public reviews, or public hearings. In closing, I would like to thank you again for allowing the San Bernardino County Department of Public Works the opportunity to comment on the above-referenced project. Should you have any questions or need additional clarification, please contact the individuals who provided the specific comment, as listed above. Sincerely, Nancy Sansonetti, AICP Supervising Planner Environmental Management Division NJS:mr:aa Attachments: Previous Comment Letter of December 4, 2024 Packet Page. 1008 Packet Page. 1009 Packet Page. 1010 Packet Page. 1011 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-1 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc SECTION 3: RESPONSE TO COMMENTS 3.1 - Introduction In accordance with § 15088 of the State CEQA Guidelines, the City of San Bernardino, as the lead agency for the Proposed Project, evaluated comments received on the Draft EIR (State Clearinghouse No. 2007071155) for the University Hills Specific Plan, and has prepared the following responses to the comments received. The Draft EIR was circulated for public review from July 31, 2008 to September 15, 2008 (45 days), but the City extended the review period an additional 15 days (to September 30) to allow more time for public comment. The City used several methods to elicit comments on the Draft EIR, which included copies of the draft document distributed to state agencies through the State Clearinghouse of the Governor’s Office of Planning and Research. A Notice of Availability (NOA) of the Draft EIR was distributed to federal agencies, local agencies, individuals, and organizations indicating where copies of the Draft EIR could be obtained or reviewed, which included the City of San Bernardino Unified School District 777 N. F Street, San Bernardino, CA 92410 and the City of San Bernardino Planning Dept 300 N. D Street, San Bernardino, CA 92418. 3.2 - Comment Letters and Responses The comment letters on the Draft EIR, and response to comments on that document, are provided in the following Section. Text additions to the Draft EIR are shown in underline and text deletions are shown in strikethrough. All corrections, clarifications, and refinements to the Draft EIR text are outlined in this Final EIR, and are herby incorporated into the Draft EIR text. Packet Page. 1012 Packet Page. 1013 Packet Page. 1014 Packet Page. 1015 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-5 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Letter A – Office of Planning and Research (OPR) dated September 16, 2008 Response to Comment A-1 The City appreciates OPR processing the Draft EIR and transmitting comment letters from responsible agencies through the Clearinghouse. Packet Page. 1016 United States Department of Agriculture Forest Service San Bernardino National Forest Front Country Ranger District 1209 Lytle Creek Road Lytle Creek, CA 92358 909-382-2600 #3 (Voice) 909-887-8197 (FAX) Caring for the Land and Serving People Printed on Recycled Paper File Code:1560 Date:September 15, 2008 John Oquendo Assistant Planner City of San Bernardino Development Services Department 300 North “D” Street San Bernardino, CA 92418 Dear Mr. Oquendo, Thank you for the ongoing opportunity to comment on the University Hills Specific Plan. Enclosed are the comments that were submitted for inclusion in the analysis process and development of this project dated August 27, 2007. The letter is included for reference and because comments contained in it are still relevant to the current stage in the commenting process. The following additional comments are provided after our review of the Draft Subsequent Environmental Impact Review (EIR) dated August 1, 2008. After review of the Draft EIR, we were unable to locate any project designs that incorporate use of barriers and boundary signs to clearly delineate the National Forest boundary. As stated in my previous comments, trespassing onto National Forest by adjacent landowners and other illegal activities such as off-road vehicle use is of high concern. I am requesting that this issue be clearly addressed in your planning document(s) as there is high potential for future negative impacts to National Forest lands as a result of this proposed project. On page 3-9 of the Draft EIR (among other locations in the document), land north of the project area is clearly identified as San Bernardino National Forest (SBNF). However, it is also important to note that majority of land to the east of the project area is also SBNF. Please recognize this shared boundary and consider that all of our comments are relevant on the eastern boundary as well as north of the project area. If you would like to see the SBNF boundaries on a map, please contact me and we will provide you with a more detailed map. Page 4.3-6 references the Draft General Biological Resources Survey report, stating that “…the seeps are considered isolated and do not provide significant water or plant resources for local wildlife”. The Draft General Biological Resources Survey report dated February 5, 2008 (revised), states “The freshwater seeps, while not drainages, are still of concern as potential water sources for wildlife” (page 22). As mentioned in my previous comments, wildlife corridors that facilitate wildlife movement from SBNF onto and through adjacent lands are critical to maintain. Within wildlife corridors, water sources can be an important factor. I suggest consideration of mitigation(s) to protect seeps within the project area. One issue that was not identified in our previous comment letter is use of an existing road through the project area. The Forest Service has a public use unrestricted Right of Way that extends from California State University, San Bernardino, through the subject property onto National Forest lands. This area must remain open to the public. Packet Page. 1017 Please continue to keep me advised as this project develops. Sincerely, /s/ Gabe Garcia GABE GARCIA District Ranger Enclosure: University Hills Specific Plan Comments, dated August 27, 2007 Packet Page. 1018 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-8 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Letter B.1 – United States Forrest Service (USFS) dated September 15, 2008 Response to Comment B.1-1 The following responses are for the USFS letter dated September 15, 2008. Separate responses to the comments from the USFS NOP letter dated August 27, 2007 are provided in Section B-2. Response to Comment B.1-2 Planning Area 24, which is the only planning area adjacent to USFS land, is proposed as permanent open space that will be a “land laboratory” for the California State University San Bernardino (CSUSB) campus. In response to this request, the FEIR will indicate that the Project developer will work with City and USFS staff to install signage at appropriate locations clearly identifying the USFS boundary adjacent to the Proposed Project site, especially where any fire road or trails enter USFS property from the University Hills site. The following will be added to the Mitigation Monitoring and Reporting Plan (FEIR Section 5, Table 5-1) under Land Use and Planning to address this issue: MM LU-1 Prior to issuance of any occupancy permits, the developer shall coordinate with City, CSUSB, and USFS staff to identify necessary access points and appropriate locations for such signage clearly identifying the USFS boundary along the perimeter of the University Hills property (i.e., Planning Area 24). Such signage will be placed at strategic locations, including any road or trail access points, to the satisfaction of the City in consultation with CSUSB and USFS staffs. Response to Comment B.1-3 The DEIR did acknowledge that USFS “lands to the north, northeast, and northwest of the site are vacant and within the San Bernardino National Forest” (DEIR page 3-9). However, the mitigation measure for additional signage outlined above will be applied to the northeastern portion of the Project site as applicable (i.e., located where the USFS land abuts the University Hills property). Response to Comment B.1-4 The seeps are generally located along the uphill (north) side of the San Andreas Fault (i.e., along the north sides of Planning Areas 1, 2, 5, and 12). According to Inland Communities, the possibility of protecting the seeps in place or allowing seeps to continue their function was discussed among the biologist, hydrologist, and the rest of the project team during development of the Specific Plan. However, the entire Project site, including the areas along the San Andreas Fault, will require extensive grading in this area to create slopes with suitable stability. The master drainage plan proposes V-drains along the new slopes in appropriate locations to collect water that might otherwise undermine or threaten the stability of the newly manufactured slopes. In contrast, it is likely that creation of the park in Planning Area 21 and the various bio-swales and other onsite drainage features will contain water at various times that may help support local wildlife. Packet Page. 1019 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-9 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Response to Comment B.1-5 If the USFS staff will identify the specific location/alignment of this roadway, access and appropriate signage can be provided according to mitigation measure LU-1 as outlined in “Response to Comment B.1-2” on the previous page. Packet Page. 1020 United States Department of Agriculture Forest Service San Bernardino National Forest Front Country Ranger District 1209 Lytle Creek Road Lytle Creek, CA 92358 909-382-2600 #3 (Voice) 909-887-8197 (FAX) Caring for the Land and Serving People Printed on Recycled Paper File Code:1560 Date:August 27, 2007 Terri Rahhal City Planner Development Service Dept. 300 North “D” Street San Bernardino, CA 92418 Dear Ms Rahhal, Thank you for the opportunity to comment on the University Hills Specific Plan. Enclosed are the comments I would like to submit for inclusion in the analysis process and development of this project. Since the proposal for this development is proposing to tier to the old Paradise Hills EIR, I trust the analysis clearly addresses the changes in conditions that have occurred since the original EIR was completed and changes in the current project proposal are clearly contrasted with those considered in the old analysis. The forest’s concerns are related to this project’s sphere of influence that directly border or are within close proximity to the San Bernardino National Forest (SBNF). The issues of fire safety,access, recreation, open space, trespass,biological resources, water and erosion are addressed in this letter. Fire safety Wildfire in the foothill areas of the City are recurring, natural processes. Wildland fire’s return to the landscape is not a matter of if, but rather when, and with what consequences. x Fuel modification zones, including fuel breaks, need to be fully contained on private land. Public land will not be available for this purpose. The maintenance of these zones is a key aspect to their effectiveness. x According to Exhibit 4, a number of proposed residential building sites are to be located with very little buffer to the National Forest boundary; this would not likely allow for effective fuel modifications on private land. x The SBNF supports the emergency helicopter landing zones provided for in the open space park within the proposed development. x The development should strive to include perimeter roads as part of the design process for developments that abut National Forest. These roads can not only effectively serve as ingress points for suppression forces to extinguish fire starts, but also can double as another firebreak or anchor point from which to burn out vegetation during suppression operations. x Reservoirs associated with this development should be available for helicopter dipping for wildfire activity in the foothills. Access, recreation, open space, and trespass We support the effort to maintain the open space elements for recreation and open space opportunities within the development. Recreation opportunities, including hiking and equestrian trails, are to be provided for within the boundary of the development, not proposed on National Forest Lands. We encourage the City to work with the National Forest to avoid conflicts over access, both in terms of the new development creating access problems for the Forest, and pre-existing National Forest access points creating problems for new developments. Packet Page. 1021 A particular issue that has become more important in recent years and is becoming a growing concern district and forest wide is trespassing. The extreme urban interface on this forest is a continued battle for boundary definition and protection. Trespassing has consumed many acres of public land and must not continue. We request that this proposal include defined boundaries such as fencing, block walls, and other ascetic barriers that will: x Clearly define the forest boundary to the casual observer x Impede the insurgence of any type of illegal occupation by future homeowners x Reduce the conflicts between humans and wildlife entering developed areas Preventing future trespasses will ensure that public lands are not lost to illegal activity and we thank you for your cooperation in this effort. Wildlife, botanical, and cultural x Clearly address direct, indirect, and cumulative impacts to wildlife and botanical resources to the area and nearby National Forest lands in the supplemental EIR. Much more development in the foothills below the SBNF has occurred over the past 14 years (since the original Paradise Hills EIR was completed) and low elevation foothill species and communities are becoming increasingly rare than when original proposal was analyzed. x A development of this size in a relatively undeveloped area will have a significant impact on the biological resources of the area, including the adjacent National Forest. Analysis impacts to the riparian and rare habitats (ie sage scrubs), Threatened, Endangered, Sensitive species and other wildlife (such as deer). Consider impacts such as habitat loss and modification, stream de- watering, loss of habitat connectivity and wildlife movement corridors, noise, light, increased fire starts, non-native species introductions, and the impacts of pets on forest resources. x Also address potential impacts to spring snails (Pyrgulopsis californiensis) known from Ben and Badger Canyons and the potential loss one of few remaining populations of spadefoot toads known to exist in the project vicinity. x The area has recently burned, so the habitat is in the process of recovery. Therefore, the riparian habitat and sage scrub habitats is currently degraded. However, the analysis of impacts and protection plans should be based on the potential habitat that will be present in the long-term. There may be potential for California gnatcatcher and San Bernardino Kangaroo rat as the habitat recovers. Include analysis of loss of critical habitat for these listed species in the analysis. x We encourage wildlife movement be maintained up and down the relocated stream course through the open space preserve. x We would encourage the City to require mitigation for riparian habitat loss on site if at all possible. Riparian habitat in the San Bernardino Valley has been severely impacted and this has potential to affect riparian dependent species on the National Forest. The use of native cottonwood, alder, sycamore, and willow as the primary tree species in suitable areas of the redesigned stream would be very beneficial and help meet the needs of the riparian dependent species. x We request a plan for long-term removal of nonnative invasive plants and animals be made and funded by the project proponent. This is a major concern at the new ponded areas, which are very attractive to nonnative species. Bullfrogs, African clawed frogs and other nonnative species can seriously impact closely adjacent National Forest wildlife populations. x We encourage minimizing nighttime lighting adjacent to National Forest lands by shielding or directing light away from National Forest and away from the open space reserve. x Prevent net loss of important habitats. x Strive towards preserving the integrity of the entire ecosystem without focusing on property lines. Packet Page. 1022 x Information regarding cultural resources is not for public distribution and is to be kept confidential. Water, water sources and vegetation x No new water development proposals will be accepted by the Forest Service for domestic water use or fire protection; the development will have to be supplied off-forest. x We recommend incorporating gray water systems for irrigation of vegetation. x We ask that no invasive plants or trees be used in the landscaping to reduce potential invasions onto the National Forest. x We request that a local stock of walnuts for the walnut grove be used since there are native walnuts on SBNF lands in some locations. We support the use of native walnut in this development since it is a rare habitat in Southern California. Flood and erosion control x The City shall not rely on National Forest land for flood or erosion control measures, whether they be the location and construction of engineered structures, or resource management techniques that could be designed to reduce flood/erosion impacts. Such needs should be provided for within the proposed project boundaries. x The City should consider the fact that recurrent flooding and debris flow events are somewhat predictable, natural events, the likelihood and severity of which increases when upland watersheds are burned by periodic wildfire. Floods and debris flows, although they may originate on National Forest as natural and predictable events are uncontrollable by the National Forest. Please keep me advised as this project develops. Sincerely, /s/ Mary M. Long (for) GABE GARCIA District Ranger Packet Page. 1023 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-13 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Letter B-2 – United States Forrest Service (USFS) NOP Comment dated August 27, 2008 Response to Comment B.2-1 DEIR Section 4.6, Hazards and Hazardous Materials, acknowledges the Project site’s fire risk due to its location and surrounding conditions. A detailed fire modeling study was prepared by FireSafe Planning Solutions and included in DEIR Appendix F. The study indicates the type and depth of fuel modification zones, which should be placed around the Project site to adequately protect it from expected fire conditions. The Specific Plan includes provisions for the recommended fuel modification zones to be located on private property within the University Hills project, as requested by the USFS. The developer of the Project must comply with the requirements of the Specific Plan and the City’s development review practices, which will help assure that the fuel modification zones are maintained as indicated in the project fire study. All of the proposed residential structures will have fuel modification zones adequately separating them from USFS land (i.e., Planning Areas 2 and 15-20). In addition, all residential areas in the project that are adjacent to wildland areas (i.e., Planning Areas 2 and 15-20) will have a “perimeter” road that separates them from USFS lands to the north and northeast. The City acknowledges that the USFS supports the helicopter landing zones provided in the open space areas. The current design of the project is for enclosed steel tanks and not open reservoirs (Planning Areas 22 and 23) per City design standards. Due to their location and surrounding topography, it is not likely that open reservoirs could be constructed in these areas, or would require considerably more land and result in substantially increased impacts to construct them as open reservoirs. The pool within the project clubhouse could be available for dipping in the event of a local fire. Response to Comment B.2-2 The City acknowledges the need for continued access and recreational use of the USFS lands adjacent to the University Hills property. As outlined in mitigation measure LU-1 (see Letter B.1 – United States Forrest Service (USFS) “Response to Comment B.1-2”), the developer will coordinate with the City, CSUSB, and USFS staff to assure adequate access and signage for roads and trails onto USFS land. While the entire boundary of the University Hills project cannot be effectively or need not be completely fenced or walled, access through the site to USFS lands will be somewhat restricted by existing topography and future signage. The implementation of mitigation measure LU-1 may include some limited fencing such as large rocks, boulders and/or other approved means to restrict unauthorized access at key points. Beyond that, it is up to the USFS as to how it will restrict or control access onto its lands. Response to Comment B.2-3 Potential impacts to biological resources were addressed extensively in Section 4.3 of the DEIR, including the San Bernardino Kangaroo Rat (SBKR) and the California gnatcatcher. It should be noted that the critical habitat boundaries for these species has changed since the USFS letter was submitted. Packet Page. 1024 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-14 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc The Project will set aside 235 acres of land, including the middle and upper reaches of Badger Creek and their surrounding uplands, as permanent open space. These areas have the most potential to support sensitive species, including spring snails and spadefoot toads. Protection of these areas will help promote wildlife movement along the drainages and minimize direct, indirect, and cumulative impacts to adjacent USFS lands. The landscaping plan of the Specific Plan discourages non-native or invasive species and emphasizes native drought-tolerant plant species. The size and location of open space with the Specific Plan (i.e., Planning Area 24) helps minimize light intrusion into USFS lands by providing an extensive buffer along the boundary between the USFS land and the University Hills property. All information regarding specific cultural resources in the area and on the site has been suppressed to protect the resources, consistent with current professional practices. Response to Comment B.2-4 The Proposed Project does not request or rely on any water connections or service from the USFS. Reclaimed or grey water service is not available to the site at present, and likely will not be in the future due to its elevation relative to the rest of the water supply system. The issue of invasive plants is addressed in the previous Response to Comments B.2-3. The walnut grove will be stocked with native species as suggested by the USFS. Response to Comment B.2-5 The drainage protection and planned improvements of the project do not rely on any USFS facilities or improvements to protect the site. In addition, a post-disaster recovery plan will be incorporated into the Specific Plan and the following mitigation measure is being added to address this concern raised by the City Planning Commission. HAZ-1 Prior to issuance of occupancy permits, the developer shall prepare a Post-Fire/Flood Recovery Plan for review and approval by the City. As appropriate, this plan shall incorporate planning guidelines from the Alluvial Fan Task Force (AFTF) established by the California Department of Water Resources (DWR). The plan will identify the potential risks to project residents from various natural hazards from being located in the fire-prone foothills and adjacent to a large natural waterway (Badger Creek). The plan will outline measures to be implemented after major fires or floods that will help protect future project residents to the degree practical. When approved, this plan shall be incorporated into the Specific Plan. Packet Page. 1025 -----Original Message----- From: Dara Wright-Butler [mailto:dbutler@dtsc.ca.gov] Posted At: Friday, September 12, 2008 5:01 PM Posted To: University Hills Project Conversation: University Hills Specific Plan EIR Subject: University Hills Specific Plan EIR Good afternoon, Attached is the PDF copy of the Subject Site. The original document will be sent today via regular mail. If you have any questions, please contact the Project Manager,Al Shami at (714) 484-5472. Thank you, Dara Wright-Butler Office Technician Brownfields and Environmental Restoration Program Department of Toxic Substances Control 5796 Corporate Avenue Cypress, California 90630 (714) 484-5467 (717) 484-5438 DButler@DTSC.CA.GOV (714) 484-5438 Fax Packet Page. 1026 Packet Page. 1027 Packet Page. 1028 Packet Page. 1029 Packet Page. 1030 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-20 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Letter C –Department of Toxic Substances Control (DTSC) dated September 12, 2008 Response to Comment C-1 The letter from DTSC dated September 11, 2008 requested information about the Proposed Project regarding hazardous materials. The original Paradise Hills Draft EIR (July 26, 1991) produced a Phase I Site Assessment for the Project site and determined the impacts from hazards and hazardous materials were less than significant. In addition, the EIR consultant conducted a records search on November 27, 2007 and determined that impacts related to hazardous materials would be less than significant. All of the information requested by the DTSC was provided in the original Phase I Site Assessment and the database information was updated in 2008. Packet Page. 1031 Packet Page. 1032 Packet Page. 1033 Packet Page. 1034 Packet Page. 1035 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-23 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Letter D – Department of Water Resources (DWR) dated August 18, 2008 Response to Comment D-1 The potential negative impact on the health and safety of area residents, if any, would result from overflights of Andy Jackson Airpark if its pilots were to fly over residences built in the northwest portion of the Project site (i.e., Planning Areas 3, 5, and 10). It should be noted these comments refer to individuals who are hang gliding or parasailing and not to fixed wing aircraft. The risk stems not from the actual overflight itself but from accidents or crashes that might occur between homes and aircraft. First, it should be noted that the attached Exhibit 1 shows that there would be little to no conflict under normal conditions based on the flying height limits stated in the Crestline Soaring Society’s (CSS) letter dated November 18, 2007. However, it is reasonable to assume that if aircrafts are on landing approach in this area, eventually an accident or crash could occur. According to available records, the Paradise Hills Specific Plan and EIR were approved by the City of San Bernardino on February 15, 1993. However, DWR did not approve the Negative Declaration (Neg Dec) for the CrestLine Soaring Society relocation until March 24, 1993. About the Paradise Hills project, the Neg Dec states the following: “Plans have been announced for construction of a residential development to the east of the Proposed Project. The western boundary of the land to be developed is about 550 feet from the eastern boundary of the plot to be used by the landing site. The San Bernardino City Planning Commission and City Council have given approval of the development. Construction of the first 500 houses planned for the development is expected to start in the next one to two years.” (page 7, DWR 1993). Section 17 on Human Health in the Neg Dec prepared by DWR (DWR 1993) concluded the following regarding the proposed airpark relocation: (a) “Will the Proposed Project result in the creation of any health hazard or potential health hazard?” (NO) and (b) “Will the Proposed Project result in exposure of people to potential health hazards?” (NO)(page 14). The Neg Dec contained no data or detailed analyses that supported these conclusions (page 19). At that time, the DWR concluded there would be a less than significant risk or impact regarding airpark operations (including with the approved residential development). On February 23, 1993, the owners of the Paradise Hills project submitted a letter to the DWR commenting on the Neg Dec that operation of a private airpark next to their approved residential development would result in serious safety hazards (i.e., to both pilots and residents) and urged the DWR to approve a different location for the airpark. Point #3 of that letter recommended “mitigation measures should be included to guarantee that personal and property injury and loss incurred from glider accidents within Paradise Hills will be covered in full by the Crestline Soaring Society.” (Aradi Inc., Letter, page 24). In their response to these comments, DWR stated that, relative to safety issues raised in the Paradise Hills letter, “the U.S. Hang Gliding Association, of which the Crestline Soaring Packet Page. 1036 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-24 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Society is a chapter, carries liability insurance.” (page 27, DWR 1993). A copy of the Paradise Hill letter, and the entire Neg Dec packet, are included in the FEIR Appendix E. This information indicates the DWR was aware of potential future conflicts but chose to approve and construct the airpark facility in this location knowing that its operations could one day conflict with planned and approved residential land uses. It is DWR’s responsibility to provide “permanent recreational mitigation” under Federal Energy Regulatory Commission (FERC) for its Devil’s Canyon hydroelectric power plant operations. Therefore, there are two potential solutions to this issue: x DWR could construct/reconstruct the landing field of the airpark further to the west to remove the potential conflict; or x DWR could augment the insurance coverage for increased liability of the Crestline Soaring Society to cover potential future conflicts with residents and housing in the University Hills project. At present, operations at the airpark conflict with the City of San Bernardino’s Development Code Section 12.88, Hang Gliding, which states, in part, “It is unlawful for any person to engage in the activity of hang gliding in or over any place within the City limits except for those places recommended by the Director of Parks, Recreation, and Community Services and approved by the Mayor and Common Council.” (page 12-83, City Development Code). However, the DWR’s Neg Dec for the airpark states “under the Federal Aviation Act of 1950, the public has the right to fly over other people’s property (49 U.S. Code Annotated Appendix Section 1301 and following sections). Federal regulations specify that unpowered aircraft cannot fly over congested areas, but the term congested is not defined. The Federal Aviation Administration reports that, if a problem develops, it will, upon request, come in a make a case by case determination. Requirements are worked out according to the circumstances found.” (page 33, DWR 1993). With these issues in mind, the CSS should immediately contact the FAA and begin joint negotiations with the FAA and DWR to resolve this issue without further impacts to the land plan of the University Hills Project. Response to Comment D-2 The indicated person will be included in future notices on this project. Packet Page. 1037 -----Original Message----- From: Nevarez_Mi Sent: Monday, September 15, 2008 4:26 PM To: Ross_Va Cc: Litchfield_Ma; Hemsley_Wi Subject: University Hills EIR Comments Hi Valerie, Attached are the SBMWD comments on the University Hills Environmental Impact Report (EIR) and letter dated November 5, 2007 from PBSJ to Matt Litchfield. PBSJ Letter Dated Nov. 5, 2007 * Page 7 of 8 - ³Preliminary opinion of construction cost and phasing² * SBMWD will not cost share upsizing from 12² main to 16² main and will require a 16² DIP main. * SBMWD will only cover the cost of the tank, developer will provide site and site improvements * Page 8 of 8 - The SBMWD portion is calculated incorrectly and needs to be revised SBMWD will only participate in the cost to construct the reservoir. * Water Facilities Plan Figure 2 - A portion of the project in this figure needs to be supplied by 1720 zone not 1880 zone need to check static pressures and revise. * Hydraulic Modeling Appendix B - This analysis does not address on-site hydraulics, it only address backbone infrastructure, need to revise to show on-site hydraulics too for SBMWD approval. * Section 9: Persons and organizations consulted - The SBMWD and contact personnel are not mentioned, please revise and resubmit. Draft EIR * Section 2 Executive Summary - Table 21, Impact US - 2 There will be offsite improvements, the developer will expand the sycamore booster station and provide a 1720 reservoir site and improvements while the SBMWD constructs the reservoir only. * Section 3 Project Description - heading ³Offsite Improvements² - In addition, the UHSP plan provides two onsite reservoirs (in Planning Areas 22 and 23 ) and will fund a pipeline, pump station and road access to a new offsite reservoir to be constructed by the City south of the UHSP Site. The statement that SBMWD will construct the site is subject to a determination that the 1720 zone is not needed to serve the project if it is needed than the developer will construct the reservoir at their own expense. The offsite reservoir will require concurrent construction with the 1880 zone booster pump station. * Section 4 Utility Systems - See third paragraph - the SBVMWD maintains a 73 - inch buried water line not the SBMWD. Sorry this is last minute, please let me know if you have any questions. Thank you, Michael Nevarez Water Utility Engineer San Bernardino Municipal Water Department Nevarez_Mi@sbcitywater.org (909)-384-5092 Packet Page. 1038 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-29 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Letter E.1 – San Bernardino Municipal Water Department (SBMWD) dated September 15, 2008 Response to Comment E.1-1 Comment noted. Developer will pay for all water improvement costs not covered by the City Water Department. Response to Comment E.1-2 The requested hydraulic modeling, water facilities plan, and contact information will be revised and provided as directed. The analysis and facilities proposed were at the level of a Specific Plan and available data indicates that the proposed improvements are adequate for that level of planning. Additional refinements and design will occur during the final engineering review stage, per City development guidelines. Section 9.0, Persons and Organizations Consulted, will be revised to indicate SBMWD personnel: San Bernardino Municipal Water District…………………….Michael Nevarez Response to Comment E.1-3 The Final EIR will reflect these comments regarding additional offsite improvements and facilities, as outlined in Section 2.0, Executive Summary, and Section 3.2.3b, Project Components, Utilities and Infrastructure, Offsite Improvements, of the Draft EIR. There will be offsite improvements, and the developer will expand the sycamore booster station and provide a 1720 reservoir site and improvements while the SBMWD constructs the reservoir only. Response to Comment E.1-4 The developer will construct water service facilities or make necessary improvements to, reservoirs, pump stations, etc. to the satisfaction of the City relative to pressure zones 1720 and 1880 for this project. Response to Comment E.1-5 The text will be corrected to reflect the San Bernardino Valley Municipal Water District, not the San Bernardino Municipal Water District, maintains the 73-inch buried water line through the Project site. Packet Page. 1039 Packet Page. 1040 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-31 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Letter E.2 – San Bernardino Municipal Water Department (SBMWD) dated September 30, 2008 Response to Comment E.2-1 The City of Colton will be added to the distribution list of the University Hill Specific Plan EIR. Packet Page. 1041 Packet Page. 1042 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-33 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Letter E.3 – San Bernardino County Flood Control District, dated October 16, 2008 Response to Comment E.3-1 According to Marylou Mermilliod, Chief of the Flood Hazard Review Section of the San Bernardino Country Flood Control District, the revised condition for the University Hills Specific Plan is that a request for a Flood Hazard Study and payment of fees can be submitted prior to granting an encroachment permit. According to Mohamad Younes with Inland Communities Corp. the University Hills Specific Plan will comply with the revised condition prior to final map approval, and not during the Specific Plan approval. Packet Page. 1043 -----Original Message----- From: KIMBERLYN WILLIAMS [mailto:williams@csusb.edu] Posted At: Thursday, September 11, 2008 3:49 PM Posted To: University Hills Project Conversation: University Hills DEIR Subject: University Hills DEIR To: John Oquendo, Assistant Planner, and Terri Rahal, City Planner City of San Bernardino Development Services Department 300 North D Street, San Bernardino, CA 92418 Dear Mr. Oqendo and Ms. Rahal, I appreciate the opportunity to comment on the Draft EIR for the proposed University Hills project. I apologize for the informal email message, but I am currently out of the country and cannot easily send a letter. If you could let me know if you receive this message, I would greatly appreciate it. I would just like to point out that part of the fire protection plan appears to be inconsistent with the Foothill Fire Zone requirements of the City of San Bernardino Development Code (Chapter 19.15). This chapter states that: "C. Subdivisions shall be designed to allow emergency vehicle access to wildland areas behind structures. This is to be accomplished in either of 2 ways: 1. Provide a perimeter street along the entire wildland side of a development; or 2. Provide a fuel-modified area, a minimum of 150 feet in depth from the rear of the structure, adjacent to the subdivision and connected to the interior street by flat 12 foot minimum access ways placed no more than 350 feet apart. If designed as a gated easement, access ways may be part of a side yard. (A + B, and C where abuts wildlands.)" The border of the proposed development that is adjacent to Badger Hill (the hill on the CSUSB campus) should be classified as as "Zone C, Abutting Wildlands", yet a fuel modification zone of only 120 feet is proposed. Wildlands are defined by Chapter 19.15 of the City of San Bernardino Development Code as "Any area of land that is essentially unimproved, in a natural state of hydrology, vegetation and animal life, and not under cultivation." By this definition, Badger Hill is a wildland, and as described in appendix A-4 of the Specific Plan (NOP comment letters), its wildland character is important to its current uses in teaching various biology, geography, and geology courses at CSUSB and to long-term ongoing research on factors affecting the success of the rare mariposa lily there, Calochortus plummerae. I am glad to see, therefore, that the developer does not appear to be requesting an easement from CSUSB for vegetation modification. Fortunately, the narrower-than-code fuel modification zone seems to affect only a minor part of the development's perimeter: approximately half of the outer perimeter of planning area 11, as shown in Figure 2-9. However, to bring the Specific Plan for University Hills into consistency with the City of San Bernardino Development Code, either modifications should be made to the Specific Plan to dedicate an additional 30 feet of width within the project’s boundaries to the fuel modification zone where needed, or the reduced width should be justified and a formal variance to the City Code should be granted to allow a narrower-than-code fuel modification zone along this wildland interface. Sincerely, Kimberlyn Williams Associate Professor of Biololgy California State University, San Bernardino 5500 University Parkway San Bernardino, CA 92407 Packet Page. 1044 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-35 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Letter F – Cal State University, San Bernardino (CSUSB) dated September 11, 2008 Response to Comment F-1 Much of the area referred to by the commentator adjacent to Planning Area 11 is represented by two debris basins, so it is not specifically clear how much this raises the risk of wildland fire because these disturbed areas would have lower fire risk than hillsides with native vegetation. However, the central portion of Planning Area 11 is adjacent to Badger Hill. If warranted, the City will consider a wider fuel modification setback, or other appropriate methods of fire protection, for this area based on review by the project fire consultant and City Fire Department staff. It does not appear this information would change the conclusions or mitigation of the DEIR, although some minor modification to the width of the fuel modification zone for Planning Area 11 may be needed. Additional information regarding fire safety is provided in letter Response B.2-1 from the U.S. Forest Service. Packet Page. 1045 Crestline Soaring Society, Inc. P.O. Box 9052, San Bernardino, CA 92427-9052 September 27, 2008 City of San Bernardino Development Services Department Attn: John Oquendo, Assistant Planner 300 North D Street San Bernardino, CA 92418 Subject: Draft Environmental Impact Report, University Hills Specific Plan (UHSP) Dear Mr. Oquendo: Thank you for this opportunity to provide input on the Draft Environmental Impact Report for the University Hills Specific Plan. We appreciate the opportunities we have had to meet with City staff, and the project proponents, Inland Communities, Corp; and the efforts made through the design process to develop a project which preserves and protects the future of hang gliding and paragliding in San Bernardino. The Draft Environmental Impact Report (DEIR), as circulated, is inadequate as it fails to identify significant impacts of the proposed project, fails to address significant environmental issues, provides incorrect analysis on some identified issues, and fails to provide appropriate mitigation in several areas. Our comments address the following portions of the DEIR: x Section 4.4 Cultural Resources – Fails to recognize or mitigate loss of historic link to the hang gliding history of San Bernardino; x Section 4.6 Hazards and Hazardous Materials – Fails to properly analyze the hazards of placing homes in the hang gliding approach, fails to mitigate this hazard; x Section 4.7 Hydrology and Water Quality - Fails to properly analyze the impact of debris flow into the proposed runoff system, fails to properly mitigate this impact. Fails to address flow from nearby water tunnel; x Section 4.8 Land Use – Fails to identify the conflict between the planned and existing land use, fails to mitigate this impact; x Section 4.11 Public Services and Recreation – Fails to recognize or mitigate the loss of an internationally recognized recreational resource; 1 Packet Page. 1046 x Section 7.2.4 Hazards and Hazardous Materials, Aviation Hazards - Fails to properly analyze the hazards of placing homes in the hang gliding approach, fails to mitigate this hazard. Background The Crestline Soaring Society (CSS) is a federal 501(c)(3) organization with a primary goal of encouraging and promoting safe participation in the sports of hang gliding and paragliding. With a membership of over 200 pilots, the CSS operates the Andy Jackson Airpark on land leased from the California Department of Water Resources. Improvements at the site include two training hills and 'spot-landing' facilities for pilot training activities; a storage unit for maintenance equipment; a large grassed break-down area for gliders and another for ground handling paragliders; leveled parking areas; and, toilet facilities. Many hundreds of hang glider and paraglider pilots have been trained at the airpark, and many more tandem passengers have been introduced to the wonders of free-flight by flying with a qualified pilot. Pilots visit the Andy Jackson Airpark from across the country and around the world. The excellent flying conditions and site facilities are known internationally. Neighbors from the surrounding communities, and students from the California State University, San Bernardino Campus, regularly watch the flying activities; either from home or by dropping in at the airpark. ISSUES WITH THE CURRENT DRAFT ENVRIONMENTAL IMPACT REPORT Section 4.4 Cultural Resources Our response to the Notice of Preparation (NOP) for this project (Reference DEIR, Appendix A-5, page 2) noted the importance of preserving the culturally significant hang gliding activity underway adjacent to the proposed project site. San Bernardino City Policy 11.4 “Protect and enhance our historic and cultural resources.” provides a firm basis for analyzing the impacts on long-term, unique aspects of our community. Yet the NOP comments are entirely ignored in the DEIR, resulting in the DEIR not recognizing the significant project impact on this resource, and proposing no mitigation strategies. Hang gliding requires unique geographic and climatologic conditions. For almost thirty years, pilots have flocked to San Bernardino from across the nation and around the world to enjoy the world-class conditions at this site. Home to two US Championships, two Southern California Paragliding Opens, and the inaugural Southern California Cross-Country League meet, the Andy Jackson Airpark plays a unique role in the freedom-loving Southern California culture. Many other sites have been lost to development, leaving Andy Jackson as one of only four major hang gliding sites remaining in all of southern California. Section 4.6 Hazards and Hazardous Materials We stated the cause of our safety concerns in our May 15, 2008 letter submitted during the Notice of Preparation. The University Hills Specific Plan western boundary abuts the Andy Jackson Airpark. This is also one of the first areas planned to be built out. We must ensure the safety of both the pilots in the air, and the people on the ground in the area under the approach. The area in question must be over flown by pilots who have to be low, moving at high speed, 25 to 40 mph, and who at this point have no option but to land. We have provided detailed information on the approach to the developer in November, 2007 and again as part of our response to the NOP (Reference DEIR, Appendix A-5, page 2). Page 3 of that letter shows an overhead photo of the area outlining the approach path and average heights (reproduced here as Figure 1). Flight speeds average 25 to 40 mph throughout the approach. There is a fair amount of deviation from the target height due to a combination of human and wind factors. The differences are both in being too high or too low and to a lesser extent laterally off course. On average we'll see pilots landing at the 50' altitude marker every few days to a few weeks. Landing at the 100' altitude marker once every year or two and landing at the 150' marker extremely rarely, perhaps every 5 or 10 years. Also, landings on the inside apron are not uncommon, probably every few weeks or months because when a pilot sees (s)he is getting low, (s)he changes course to the inside of the approach to cut the corners and increase his/her chances of landing on the field. 2 Packet Page. 1047 The DEIR has failed to correctly consider the impact of this information in the context of the proposed housing layout. The DEIR contains an overlay of the approach with the housing tract (see DEIR Section 4.6, page 4.6-17 and reproduced here as Figure 2). However, the paramount issue of glider altitude during approach was not considered in the preparation of the DEIR. Pilots would be far too close to rooftops for safety, even on a perfect approach to the airpark. Comparing the two figures, the altitude near the “3” on Figure 2 would be at about 100 feet on a perfect approach, 50 feet if being forced to land at the 50’ altitude marker and zero for a (crash) landing at the 100’ altitude marker. When considering the altitude information provided during the NOP with the approach overlay information from the DEIR, there would be ‘close calls’ every few days to few weeks; and collisions every one to two years. This is clearly a significant unmitigated impact of the existing plan. CEQA Guidelines’ Appendix G, Environmental Checklist, require project proponents to determine “for a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area?” In this case the answer is clearly “yes”, though the DEIR does not properly analyze the result of low flying aircraft immediately over homes. In discussion of Impact Hazard 5 (DEIR Section 4.6, page 4-6.16), the DEIR states “the final approach line will be over 200 feet of open space (from the project boundary line to proposed residential units) and will therefore not affect residences of the UHSP or users of the airpark. Therefore, impacts will be less than significant in this regard.” However, the analysis excludes any discussion of the downwind and base portions of the landing approach which place aircraft within a few feet of rooftops; thereby reaching its erroneous conclusion. Even the minimal 200 feet of clearance mentioned in the DEIR is not maintained throughout the approach. Further, in discussion of Impact Hazard 6 (DEIR Section 4.6, page 4-6.19), the DEIR states “The proposed project site is adjacent to the Andy Jackson Airpark. This facility accommodates nonmotorized aircraft (e.g., hang gliders, parasailing, etc.) but requires a clear zone over the northwest portion of other UHSP project site to allow for continued safe landing operations.” This is a correct statement that we support. However, the DEIR goes on to state “The developer worked with the San Bernardino Valley Soaring Association, the group that operates the airpark, and the location, size, and design of the “skypark” in Planning Area 1 is based on their requirements. With the proposed land use plan and project design (i.e., Planning Area 1 park), the project will have a less than significant impact in this regard.” There were a number of contentious meetings attended by the Crestline Soaring Society and the developer. The design of the “skypark” itself is consistent with those discussions and supports continued use of the airpark. However, the current plan places 2 and 3 story structures in the landing approach leading to the “skypark”, making the entire approach unsafe and unusable. This is clearly a significant unidentified, unmitigated impact of the proposed plan. Federal regulations, FAR §103, control the operation of ultralight aircraft, such as hang gliders in US airspace. These Federal regulations specifically prohibit operation over any congested area of a city. We could certainly understand homeowners concerned with hang gliders flying low over rooftops and occasionally crashing, contacting the Federal Aviation Administration (FAA). What response the FAA may have is less certain, but the worst case would close the airpark. This is clearly an unidentified, unmitigated impact of the proposed plan. Section 4.7 Hydrology and Water Quality San Bernardino Policy 10.6.4 requires project proponents to “Evaluate all development proposals located in areas that are subject to flooding to minimize the exposure of life and property to potential flood risks.” The DEIR failed to analyze the volume and impact of debris flow from the hillsides to the north, when addressing this requirement and therefore fails to properly mitigate this impact. As shown Exhibit 4.7-2 “On-site Drainages”, there is a small waterway in the northwest corner of the project area, stopping outside the built up area. This stream is currently planned to pass through a 36” concrete pipe before connecting to 42” concrete pipe (reference Exhibit 3-7b “Backbone Infrastructure - Drainage”). The DEIR notes “the long history of alluvial deposition on the project site from runoff out of the mountains to the north.” (Page 4.4-6) and shows the loose debris laying in existing streambeds in Exhibit 3-6c, but failed to incorporate these impacts in developing the storm water drainage system. Our own experience with major rainfall events in 2002 and 2005 indicates literally tons of loose rock, silt, sand, and debris flow through the existing streambed. In 2005, a ‘sand bar’ of debris was deposited on the Andy Jackson Airpark in a single night that was 250 yards long, 100 yards wide and from one to three feet in depth. Note that this 3 Packet Page. 1048 was debris on only one bank of the stream, and represented only the small part of the debris flow that did not enter the stream. The proposed concrete pipes cannot accommodate this type of flow and pose a significant flooding hazard to both project residents and adjacent properties. The City of San Bernardino has already had the unfortunate experience of buying back properties in the Harrison Canyon area after the disastrous flooding of 1980. Please learn from this history so that the lives and property of future residents can be protected. The current DEIR fails to incorporate the impact of debris flows in the storm water drainage plans and provides insufficient mitigation of this impact. Published reports (“Tunnel Made to be Broken”, San Bernardino Sun, September 1, 2008) indicate the proposed project is within the spill control area for the Arrowhead West tunnel created as part of the Metropolitan Water District’s Inland Feeder project. “Tim Skrove said flood-control washes near Cal State San Bernardino are expected to take care of spilled waters if the pipeline fails in that section”. The proposed project is immediately north of the flood device protecting the Cal State campus. There is no provision in the existing drainage plan to support additional water volume released by a spill from the 3.8 mile tunnel. Metropolitan Water District is quoted as saying "The earth could actually move and shear the pipe as much as six feet". While the water district anticipates flows would be less than the volume of a major storm; there is no guarantee this would not occur in conjunction with a major storm; vastly increasing the engineering requirements for the drainage plan. Also, the tunnel is subject to failure due to earthquake, “Skrove said that whenever the dreaded San Andreas earthquake happens, MWD has machines in La Verne that make steel plates for repairs”. This places additional engineering requirements upon the proposed drainage system as the tunnel release could occur following an earthquake event. The drainage system must either be built to withstand the event, or have significant additional capacity so that it could function while damaged. The current DEIR is inadequate as there is no discussion of this issue. Failure to properly plan for this identified hazard could result in significant risk to the lives and property of residents and neighbors of the proposed project. Section 4.8 Land Use Both the City of San Bernardino General Plan Land Use Policy and the CEQA Guidelines Appendix G, Environmental Checklist contain goals and policies intended to ensure compatibility between existing and proposed land uses. The City General Plan explicitly states this as “Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses”. Policy 2.2.2 required new uses to provide mitigation or buffers where adverse impacts could occur. Further, Policy 2.2.10 states “The protection of the quality of life shall take precedence during the review of new projects.” Clearly, closing an existing, adjacent recreational use would be a significant negative impact for any plan that was under review. The DEIR fails to present this significant negative impact and proposes no mitigation measures. Instead, the DEIR indicates “West – Andy Jackson Airpark and vacant Flood Control Land. The developer met with representatives of the airpark to determine the air space requirements of continued operations at the airpark. The location and layout of the park in Planning Area 1 was planned so that the future development would not conflict with continued activities at the airpark. Therefore, the project will have no significant land use impacts in this regard”. (Page 4.8-19) There were a number of contentious meetings attended by the Crestline Soaring Society and the developer. The design of the park in Planning Area 1 itself is consistent with those discussions and supports continued use of the airpark. However, the current plan places 2 and 3 story structures in the landing approach leading to the park in Planning Area 1, making the entire approach unsafe and unusable. A detailed description of required clearances for a safe approach was sent to the developer by registered mail in November, 2007 and included again in our response to the NOP. This is clearly a significant unidentified, unmitigated impact of the proposed plan. Further, the Andy Jackson Airpark is in its current location because the Department of Water Resources was required to mitigate their impact on hang gliding activities in San Bernardino by providing a permanent recreational mitigation. The cost of having provided the facility is estimated to exceed $500,000 in current dollars. This is a condition of their Federal Energy Regulatory Commission licensing (Reference letter D. Ching to T. Rahhal, August 18, 2008). Interfering with the existing land use of the Andy Jackson Airpark by making the landing approach unsafe and unusable, will also interfere with the land use of the existing Devil’s Canyon Power Plant which is 4 Packet Page. 1049 valued at more than $750 million in current dollars. Again, this is clearly a significant unidentified, unmitigated impact of the proposed plan. Section 4.11 Public Services and Recreation Our response to the Notice of Preparation (NOP) for this project (Reference DEIR, Appendix A-5, page 2) noted the importance of preserving the recreational hang gliding activity underway adjacent to the proposed project site. San Bernardino City Policy 8.1.2 includes as a stated goal “Provide a variety of park “experiences”, including those developed for intense recreational activity, passive open space enjoyment, and a mixture of active and passive activities”. Yet the NOP comments are entirely ignored in the DEIR, resulting in the DEIR not recognizing the significant project impact on this resource, and proposing no mitigation strategies. As a 501(c)(3) federally recognized charitable organization, the Crestline Soaring Society offers a unique recreational activity for all citizens. This opportunity is only available in a small number of locations in southern California. The unique geographic and climatologic conditions required to consistently generate lifting air due to thermal heating of the earth’s surface, or interaction of wind and terrain, occur in a limited number of locations. The Andy Jackson Airpark is a unique recreational resource to the City of San Bernardino with an international reputation for excellent flying conditions. The DEIR does not identify the significant impact of the proposed project on this resource, nor are impact mitigations proposed. Section 7.2.4 Hazards and Hazardous Materials, Aviation Hazards This section of the DEIR presents a recap of project effects found not to be significant. The analysis errors made in Section 4.6 led to the improper inclusion of Aviation Hazards as ‘not significant’. CONCLUSION AND MITIGATION Fortunately, the large land area of the parcel being considered for development, the position of the conflict zone at the extreme north-west corner of the project, the small number of impacted housing lots and the planned requirements for open space (58% of the property), provide options to mitigate the significant impacts to continued operation of the airpark. The University Hills Specific Plan could be modified to: a) Keep the 400 X 400 foot area under the airpark approach clear; b) Dedicate the airspace to the Department of Water Resources. This can be accomplished by swapping the location of the small number of homes affected with some of the planned project open space. Alternately, the developer has already requested a significant density bonus for the compact design of this project. The units under the airpark approach could be ‘density transferred’ to another area of the project. We appreciate the time the City of San Bernardino and Inland Communities is taking to work through the design and development process. The Crestline Soaring Society is available to provide any additional information which may be useful. We hope that we will be a unique, safe, and attractive neighbor which adds value to the University Hills development project. Sincerely, Alan Crouse President, Crestline Soaring Society 5 Packet Page. 1050 Figure 1 6 Packet Page. 1051 Figure 2 7 Packet Page. 1052 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-43 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Letter G.1 – Crestline Soaring Society, Inc. dated September 27, 2008 Response to Comment G.1-1 The six issues identified by the Crestline Soaring Society (CSS) will be examined individually in the following sections. The City acknowledges that the Andy Jackson Airpark is well known for its flying conditions and is a chapter of the United States Hang Gliding & Paragliding Association (USHPA). Response to Comment G.1-2 The Crestline Soaring Society (CSS) website provides the following history of its organization: “From 1971 through 1976 there was ever increasing flight traffic at a 500 foot hill in San Bernardino called Little Mountain (by the radio towers) with only the really daring pilots launching from the Camp Paivika parking lot out into Devil Canyon. Pine Flat was the better place to get a mountain flight because of the better glide to the valley but the road was challenging.” “By 1976, with the city a San Bernardino subject to legal pressure to close Little Mountain, the pilots formed the San Bernardino Hang Gliding Association (Chapter 16 of the USHGA) in attempt to organize and apply pressure to keep Little Mountain open. In Feb 1978 a city ordinance was adopted that all hang gliding activities are illegal within San Bernardino City Limits.” “Pilots with better equipment and the legal need to stay away from Little Mountain headed for the San Bernardino Mountains. No longer being allowed to launch at Camp Paivika sent most pilots to a site known to the locals as Teddy Bear. This is the current location of the Crestline launch site.” “In the late 70's activity was booming, with typically more than 50 pilots flying from Teddy Bear each weekend day. Landing areas changed every few months, including the north-west corner of Palm and Irvington and a field on Pine (dirt road) about 1/4 mile north of Irvington.” “In August of 1979 the San Bernardino Hang Gliding Association (SBHGA) hosted the U.S. Nationals, with the Pine Ave. field the designated LZ” [landing zone]. “In Oct of 1979 with the help of Bill Bennett, Andy Jackson bought a parcel of land at the mouth of Devil Canyon. Pine Crest Airpark was born. The pilots now had a legal place to land. The 'Pine Crest' name came from the two most-used launches - Pine Flats and Crestline. Marshall Peak was little used in those days, and the gate was often locked all summer and it was a long glide to the LZ (for gliders of that era) if you didn't get up right away.” Packet Page. 1053 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-44 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc “Wanting to secure the launch area for the future, members of the SBHGA approached the U.S.F.S. to get a permit for the Crestline launch at Teddy Bear. After a year and a half of red tape, the permit was issued to the SBHGA in June of '80.” In addition, the Andy Jackson Airpark website states that…”In 1979 a San Bernardino pilot, Andy Jackson and his wife Juanita, purchased some land to start a hang gliding airpark in the north end of San Bernardino, CA. The LZ [landing zone] was known as Pine Crest Airpark.” (AJA website 2008). From this information, it appears the CSS history dates back to approximately 1971, which is less than the typical threshold of 40 years needed to potentially qualify for consideration as an historical activity or association. It is true that the CSS has been operating in the San Bernardino area for many years and attracts flyers from all over the world. It also appears CSS members have been aware for some time that it is illegal to fly over land within the City of San Bernardino (City ordinance adopted February 1978). However, much of the CSS activities are concentrated over or near National Forest or County unincorporated lands. No evidence has been presented that would conclude CSS activities qualify as historically or culturally significant by CEQA standards. The term “culturally significant” used in the CSS NOP letter has been misapplied in this case, and the issue of the importance of maintaining the airpark activities should not hinge on indirectly related issues such as historical value but rather on the most important issue of public safety for both the general public and those using the airpark. The central issue of public safety is addressed in Section G.1-4. Response to Comment G.1-3 There is little debate that the Andy Jackson Airpark location offers unique geographic and climate- related conditions for non-motorized flying. It is also generally accepted that there are few (the CSS letter states four) sites of this type remaining in Southern California. It must be noted, however, that the City of San Bernardino passed an ordinance in 1978 (Development Code Section 12.88, Hang Gliding) which prohibits non-motorized flying over any place within the City limits except areas approved by the City. There is no evidence the City of San Bernardino has ever received a request to approve flying activities at the Andy Jackson Airpark. Despite its intrinsic flying conditions, the central issue is public safety, which is addressed in the following Section G.1-4. Response to Comment G.1-4 As a preface to the discussion on public safety, some background on the planning process for the University Hills project may be helpful to the reader. Available documentation indicates that the project applicant (Inland Communities Corp. or ICOM) met with airpark representatives on numerous occasions in between 2006 and 2007. The land plan for the northwestern portion of the project was changed several times to incorporate a “safe approach corridor” for the airpark landing zone (LZ) approximately 500 feet west of the project site. Planning Area 1 was designed as an open space park with no tall improvements to allow for uninhibited approach to the LZ from the northeast. Planning Packet Page. 1054 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-45 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Area 1 and the north end of Planning Area 10 was also redesigned several times based on a diagonal constraint boundary provided by a CSS representative (i.e., Bob MacKenzie, then CSS president). The clear landing zone over Planning Area 1 was established by an agreement between CSS and ICC as evidential. Evidence of their approval in the support letter issued by CSS on June 13, 2006. The clear landing zone limits were also incorporated in the redesign of the land plan for University Hills in 2007. Prior to receiving the CSS letter dated May 11, 2008, ICOM representatives believed CSS was satisfied with the arrangement of the northwest portion of the University Hills project. Even the May 11, 2008 NOP comment letter does not specifically state that no homes should be built within the “C” shaped approach zone (covering all of Planning Area 1 and portions of Planning Areas 5 and 10). It should be noted that this was the first time that zone configuration had been shown to ICOM or City staff. However, a graphic was included in the DEIR showing this “C” shaped approach zone for information purposes (Exhibit 4.6-1, Hang Gliding Final Approach Line). It was only after the EIR was released for review that CSS representatives indicated that they wanted no homes to be built within the “C” shaped zone, rather than the diagonal zone originally designed into the project in Planning Areas 1 and 10. With that background, the following information analyzes the potential negative impacts on health and safety of area residents that could result from overflights of Andy Jackson Airpark if its pilots were to fly over residences built in the northwest portion of the Project site (i.e., Planning Areas 3, 5, and 10). It should be noted these comments refer to individuals who are hang gliding or parasailing and not fixed wing aircraft. The risk stems not from the actual overflight itself but from accidents or crashes that might occur between homes and aircraft. First, the attached Exhibit 1 shows that there would be little to no conflict under normal conditions based on the flying height limits stated in the Crestline Soaring Society’s letter dated May 11, 2008. However, it is reasonable to assume that if aircraft are on landing approach in this area, eventually there may be an accident or crash, possibly resulting in injury and/or property damage. Exhibits 1a through 1f show the hang glider approach altitudes of homes versus the landing approach height. During the landing approach, a hang glider will start their decent at approximately 175 feet from the ground and 135 feet above residential structures to the south (Exhibit 1b). At the closest point, a hang glider will be approximately 80 feet above the ground and 40 feet above planned residential structures (Exhibit 1e). On final approach, a hang glider would be at an altitude of approximately 30 feet over the planned parkland (Planning Area 1) before landing. Exhibits 1a through 1f demonstrate that hang gliders will have a margin of error of approximately 40 feet from the maximum height of residential structures during the final approach. According to available records, the Paradise Hills Specific Plan and EIR were approved by the City of San Bernardino on February 15, 1993. However, DWR did not approve the Negative Declaration (Neg Dec) for the Crestline Soaring Society Relocation until March 24, 1993. The Neg Dec for the Paradise Hills project states the following: Packet Page. 1055 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-46 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc “Plans have been announced for construction of a residential development to the east of the Proposed Project. The western boundary of the land to be developed is about 550 feet from the eastern boundary of the plot to be used by the landing site. The San Bernardino City Planning Commission and City Council have given approval of the development. Construction of the first 500 houses planned for the development is expected to start in the next one to two years.” (page 7, DWR 1993). Section 17 on Human Health in the Neg Dec prepared by DWR (DWR 1993) concluded the following regarding the proposed airpark: (a) “Will the Proposed Project result in the creation of any health hazard or potential health hazard?” (NO) and (b) “Will the Proposed Project result in exposure of people to potential health hazards?” (NO)(page 14). The Neg Dec contained no data or detailed analyses that supported these conclusions (page 19). At that time, the DWR concluded there would be a less than significant risk or impact regarding airpark operations (including with the approved residential development). On February 23, 1993, the owners of the Paradise Hills project submitted a letter to the DWR commenting on the Neg Dec that operation of a private airpark next to their approved residential development would result in serious safety hazards (i.e., to both pilots and residents) and urged the DWR to approve a different location for the airpark. Point #3 of that letter recommended, “mitigation measures should be included to guarantee that personal and property injury and loss incurred from glider accidents within Paradise Hills will be covered in full by the Crestline Soaring Society.” (Aradi Inc., Letter, page 24). In their response to these comments, DWR stated that, relative to safety issues raised in the Paradise Hills letter, “the U.S. Hang Gliding Association, of which the Crestline Soaring Society is a chapter, carries liability insurance.” (page 27, DWR 1993). A copy of the Paradise Hill letter, and the entire Neg Dec packet, are included in FEIR Appendix E. This information indicates the DWR was aware of this potential future conflict but chose to approve and construct the airpark facility in this location knowing that its operations would one day conflict with planned and approved residential land uses. It is DWR’s responsibility to provide “permanent recreational mitigation” under the Federal Energy Regulatory Commission (FERC) for its Devil’s Canyon hydroelectric power plant operations; therefore, there are three potential solutions to this issue: x DWR could construct/reconstruct the landing field of the airpark further to the west to remove the potential conflict; or x DWR could augment the insurance coverage of the Crestline Soaring Society to cover increased liability of potential future conflicts with residents and/or housing within the University Hills project. Packet Page. 1056 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-47 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc At present, operations at the airpark conflict with the City of San Bernardino’s Development Code Section 12.88, Hang Gliding, which states, in part, “It is unlawful for any person to engage in the activity of hang gliding in or over any place within the City limits except for those places recommended by the Director of Parks, Recreation, and Community Services and approved by the Mayor and Common Council.” (page 12-83, City Development Code). However, the DWR’s Neg Dec for the airpark states “under the Federal Aviation Act of 1950, the public has the right to fly over other people’s property (49 U.S. Code Annotated Appendix Section 1301 and following sections). Federal regulations specify that unpowered aircraft cannot fly over congested areas, but the term congested is not defined. The Federal Aviation Administration reports that, if a problem develops, it will, upon request, come in to make a case by case determination. Requirements are worked out according to the circumstances found.” (page 33, DWR 1993). With these issues in mind, the CSS and DWR may wish to contact the FAA and request a determination of this case pursuant to the cited US Code section. In addition, on October 6, the City received an email from Inland Communities Corp., the applicant on the University Hills Project, that contained the following information: “We Land Use and Conceptual Development Plan was intended to mitigate potential airspace conflicts , which appear to have received the Crestline Soaring Society (already been established and agreed upon by both ICC and CSS as evidenced by CSS) comments letter on the University Hills Draft EIR dated September 27, 2008. I am obliged to let you know that we have worked with CSS on mitigating their concerns, and more specifically the clear landing zone over the University Hills property, since 2006 when we were processing the first Tentative Tract Map for the Paradise Hills project. We had met repeatedly to address the conflict area. Inland Communities Corp (ICOM) and Rob McKenzie, then President of CSS, have worked together closely to establish a clear landing zone. They have given us a limit area that will interfere with their landing path. That area was set aside and became the 2.0 acre park at the northwest corner of the project. CSS were very satisfied with the area set aside and the clear zone established and the have issued a support letter dated June 13, 2006” [See end of Appendix C FEIR). “When we re-designed the project around November 2006 to cluster the development away from the hillsides and the Badger Hills area, we have honored the clear zone area agreed upon back in June 2006 and we designed the project around it. Additionally, as we further fine tuned the development and defined the conceptual land plan, we communicated again with CSS to inform them that we are re-designing the project to clear the hillside and pull away from the Badger Canyon and we assured them that we will honor the clear zone established in 2006.” “When we further developed a conceptual land plan for the 2.0 acre park at the northwest corner of the project, we were proposing some picnic tables and play ground area in addition Packet Page. 1057 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-48 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc to horse corral at the western side of the park. We shared the conceptual design with CSS and they expressed concern with the playground equipment and the horse corral within the clear zone area within the park and they requested that we eliminate these improvements and we only provide a grass area with walkways so that no tall structure will interfere with their landing path. We went ahead and we redesigned the park again to eliminate the improvements of concerns and relocated them to the east side of the park and we kept all improvements within the west side at grass height level. That seemed to satisfy their concerns again.” “Later in November 2007, when the Specific Plan was already developed and all preliminary engineering and design studies have been completed, we learned that CSS has reneged and changed their mind and they are now requesting additional clear zone area because the redesigned project has allocated more open space to be set aside and they felt that the open space can be shifted to the west and relocate the development to the east.” “Researching the record we have learned that the California Department of Water Resources (DWR) were already aware of our development project as it was approved in February 1993 with houses proposed at the westerly boundary when they were in the process of preparing the environmental assessment for relocating the CSS site to the current location. At the time, DWR has adopted a Negative Declaration in March 1993 with the acknowledgement that there will be no interference between the flying pilots and the proposed housing development.” “Additionally, we have learned that the City of San Bernardino has adopted an ordinance in 1978 prohibiting Hang Gliding activities over the City limits except of designated areas by the Director of Parks and Recreation Department and as approved by the Mayor and Common Council. Therefore, CSS is already violating the Municipal Code Section 12.88.010 and .020 of Chapter 12.88, Hang Gliding.” “Therefore, we strongly feel that we have mitigated their concerns repeatedly by redesigning our project several times until we reached an agreement on the set aside area for landing clear zone and we are not obligated to further mitigate for illegal activities in the City.” It appears that the responsibility of providing a safe flight/approach/landing zone for the airpark is the responsibility of the DWR and CSS; however, continued use of the current facility conflicts with City Code 12.88. The establishment of the Landing Zone clearance limits on the University Hills Land Use and Conceptual Development Plan was intended to mitigate potential airspace conflicts and appears to have been already established and agreed upon by both ICOM and CSS as evidenced in the CSS letter dated June 13, 2006. Packet Page. 1058 25330006 • 10/2008 | 1a_HangGlider_ApproachAltitude.ai Exhibit 1a Hang Glider Approach Altitudes Michael Brandman Associates UNIVERSITY HILLS SPECIFIC PLAN FINAL EIR Source: The Planning Center (2008). NO R T H Feet 0 0 00 Not To Scale Ap p r o x . 1 7 5 ' Ap p r o x . 1 4 0 ' Appr o x . 1 0 0 ' Appro x . 8 0 ' Ap p r o x . 3 0 ' 0' Landing Area A B C D E A B C D E 200' 20 0 ' Packet Page. 1059 25330006 • 10/2008 | 1b_HangGlider_175FtAltitude.ai Exhibit 1b Hang Glider Approach Altitudes 175’ AltitudeMichael Brandman Associates UNIVERSITY HILLS SPECIFIC PLAN FINAL EIR Source: The Planning Center (2008). NO R T H Feet 50 0 5025 Max. Bldg. Height 40' Approximate Approach Level 175' Packet Page. 1060 25330006 • 10/2008 | 1c_HangGlider_140FtAltitude.ai Exhibit 1c Hang Glider Approach Altitudes 140’ AltitudeMichael Brandman Associates UNIVERSITY HILLS SPECIFIC PLAN FINAL EIR Source: The Planning Center (2008). NO R T H Feet 50 0 5025 Max. Bldg. Height 40' Approximate Approach Level 140' Packet Page. 1061 25330006 • 10/2008 | 1d_HangGlider_100FtAltitude.ai Exhibit 1d Hang Glider Approach Altitudes 100’ AltitudeMichael Brandman Associates UNIVERSITY HILLS SPECIFIC PLAN FINAL EIR Source: The Planning Center (2008). NO R T H Feet 50 0 5025 Max. Bldg. Height 35' Approximate Approach Level 100' Packet Page. 1062 25330006 • 10/2008 | 1e_HangGlider_80FtAltitude.ai Exhibit 1e Hang Glider Approach Altitudes 80’ AltitudeMichael Brandman Associates UNIVERSITY HILLS SPECIFIC PLAN FINAL EIR Source: The Planning Center (2008). NO R T H Feet 50 0 5025 Max. Bldg. Height 35' Approximate Approach Level 80' Approx. 40' Approx. 50' Packet Page. 1063 25330006 • 10/2008 | 1f_HangGlider_30FtAltitude.ai Exhibit 1f Hang Glider Approach Altitudes 30’ AltitudeMichael Brandman Associates UNIVERSITY HILLS SPECIFIC PLAN FINAL EIR Source: The Planning Center (2008). NO R T H Feet 50 0 5025 Approximate Approach Level 30'Park Packet Page. 1064 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-55 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Response to Comment G.1-5 Much of the discussion regarding public safety and the landing approach zone for the airpark is provided in the previous Section G-4. It was not clear from the information provided by CSS that no homes could be built within the “final approach zone” outlined in DEIR Exhibit 4.6-1. At that time, it was believed the approach zone designed into the project in the form of the open space park of Planning Area 1 would provide a sufficient buffer for the safety of both airpark users and project residents. That may not be possible under existing circumstances. However, for the reasons outlined in Section G-4, it may not be the responsibility of the University Hills project or the City of San Bernardino to maintain this safety zone. The CSS and the State Department of Water Resources (DWR) both knew there could eventually be a conflict between airpark landings and approved residential uses. The CSS and DWR have requested that the project and the City solve this conflict, whereas the City maintains it is the joint responsibility of the DWR and CSS to resolve this problem. Response to Comment G.1-6 The previous discussion in Section G-4 addresses possible solutions to the safety issue and height limitations on buildings within the final approach zone shown in DEIR Exhibit 4.6-1. Response to Comment G.1-7 The previous Section G-4 addresses potential crashes, increased liability, and FAA involvement in the airpark operations. At the time the Draft EIR was circulated, it was not anticipated that development of the University Hills project would result in the closure of the airpark. It is certainly plausible that once homes are constructed on the University Hills site, the surrounding area could be considered “congested” according to FAA regulations. Section G-4 outlines a number of optional solutions to that issue. Response to Comment G.1-8 The project hydrology study provides sufficient bulking in the design of proposed drainage structures to provide adequate capacity even under post fire/burn conditions, which would tend to maximize runoff containing bulk materials. The drainage course in the northwest corner of the site, that flows between Planning Area 1 and the airpark, was evaluated and the west end of the project was carefully designed to prevent flooding of this area from periodic storms. The project is expected to improve local runoff conditions by providing bio-swales and a variety of landscaped drainage courses allowing for percolation of runoff back into the ground instead of runoff in the streets or overloading storm drains downstream. Packet Page. 1065 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-56 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Response to Comment G.1-9 As outlined in the previous Section G-8, the master drainage plan for the project takes historical flows in this area into account. However, the project hydrologist will review this additional data during the final engineering design stage and provide documentation to the City Public Works Department to make certain that the northwest and western portions of the site are adequately protected from anticipated storm flows. If necessary, an earthen berm can be constructed along the west side of the Project site. Response to Comment G.1-10 A review of information from the MWD website on the Inland Feeder Pipeline indicates that it travels from the Devil Canyon power plant area near the junction of the I-215 and I-15 Freeways through the San Bernardino Mountains in an east to east-southeast direction. By comparing the indicated alignment of the pipeline to the project hydrology study (DEIR Appendix G), it can be concluded it neither crosses the University Hills site nor does it cross into the Project’s limited drainage basin. The canyons it does traverse east of the I-215 Freeway are northwest of the University Hills project, and any flows from pipeline or tunnel damage would flow mainly west toward the Cajon Creek channel and not south toward the University Hills site. The “flood control basins near Cal State San Bernardino” that were referred to in the newspaper article are not the ones immediately north of the campus but those further to the northwest which accept flows from the Devil Canyon area to the north. Therefore, any damage to this pipeline would not directly affect the Proposed Project site. Response to Comment G.1-11 The previous Section G-4 extensively discusses the potential impacts of the adjacent airpark on the Proposed Project and visa versa. This discussion revolves around public safety, both of future project residents and airpark pilots. However, it is also applicable to the issue of compatibility of adjacent uses. The introductory discussion in Section G-4 outlines how the University Hills project was modified numerous times to accommodate the approach/landing pattern of the airpark. In fact, an approval letter dated June 13, 2006 was issued by the Crestline Soaring Society, and signed by Rob McKenzie, then president of CSS contending approval of the project with the designated clear landing zone limits established and agreed upon by CSS. That clear landing zone limit at the northwest corner of the project was maintained in the redesign of the project. It was not clear in the correspondence from the CSS that no homes could be built within the final approach zone shown in DEIR Exhibit 4.6-1. In addition, Section G-4 outlines a number of possible solutions to this problem. Response to Comment G.1-12 The issue of incompatibility of the airpark with the project is addressed in detail in the previous Section G-4. Packet Page. 1066 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-57 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Response to Comment G.1-13 The issue of incompatibility of the airpark with the project is addressed in detail in the previous Section G-4, including the relationship to the Department of Water Resources, which operates the power plant. Section G-4 offers several possible solutions. Response to Comment G.1-14 The project does provide a number of recreational opportunities consistent with the City policy. Conversely, the “airpark” cannot be considered a general purpose recreational facility like a city or county park, but is a specialized use facility for a very limited type of recreational activity (i.e., it has little in common with a typical park in the traditional sense). Regardless, the previous Section G-4 discusses possible solutions. Response to Comment G.1-15 The previous Response G-2 addresses this issue, and all of these comments regarding impacts between the project and the airpark are addressed in the previous Section G-4, including possible solutions. Response to Comment G.1-16 This issue is discussed at length in the previous Section G-4, including possible solutions. Response to Comment G.1-17 These options, among others, are discussed in the previous Section G-4. Packet Page. 1067 Packet Page. 1068 Packet Page. 1069 Packet Page. 1070 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-61 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Letter G.2 – Crestline Soaring Society, Inc. dated September 10, 2008 Response to Comment G.2-1 The City extended the comment period to September 30th in response to this letter. Packet Page. 1071 Packet Page. 1072 Packet Page. 1073 Packet Page. 1074 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-65 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Letter H – Form Letter Number 1 for Andy Jackson Airpark NOTE: There were 183 letters received using this same form, so the responses are the same for all the letters sent using this form. All Forms submitted are included in Appendix D of the Final EIR. Table 1: Individuals Who Submitted Form Letter Number 1 Name Date Name Date Name Date Aki Ejima August 12 Geraldine Lo Siou September 1 Matt Beechinor August 15 Alfred Small August 14 Greg Babush August 12 Michael Blakely August 12 Angela Ross September 1 Harold Wickham August 8 Michael Bornstad August 8 Averill Strasser August 7 Heather Bunn September 1 Lawrence Wallman September 1 Betty Pfeiffer September 1 Helmut Grigereit August 15 Leo Christapharo September 1 Bill Brick August 7 Jack Barth September 1 Lawrence Wallman September 1 Bill Sodeoquist September 1 Jai Pal Khalsa September 1 Leo Christapharo September 1 Bob Coombs September 1 Jean-Francois Beaumont August 11 Richard Fitzpatrick August 12 Brad Bourk September 1 Jean-Michel Wan September 1 Richard Healy September 1 Brandon Wills September 1 Jeffrey Farrell August 11 Richard Regal August 11 Brian Plummer August 8 Jerome Clark August 11 Rick Maddy August 7 Bruce Cowan August 7 Jerome Daoust September 1 Ron Wiener August 11 Chris and Elaine Frost September 1 Joe Castaldo September 1 Roxanne & Greg Eastwood September 1 Chris McCluer August 12 Joe Mandracchia September 1 Scott Farnsworth August 14 Christian Manss August 13 John Saltveit August 13 Scott Smith August 10 Clinton Doering August 7 Jonathan Dietch August 8 Scott Wise August 8 David Aldrich September 1 Justine Yang and Ryan Woloshyn September 1 Shawn MacDuff August 9 David Cherne September 1 Harold Wickham August 8 Stephen Nowak September 1 David Prevost September 1 Heather Bunn September 1 Steve Rodrigues August 12 David Ratter September 1 Helmut Grigereit August 15 Theresa Gavares September 1 Diana Niesser September 1 Lawrence Wallman September 1 Tim Rhinesmith September 1 Didar Khalsa August 11 Leo Christapharo September 1 Tom Swanson September 1 Donald Banas August 11 Lt. Col. Mark Stucky August 12 Vikram Doddi September 1 Donald Kraus August 11 Luis Beers August 8 Vincene Muller August 11 Douglas Koch August 12 Lyne Perry August 7 Mr. and Mrs. Vladimir August 12 Frank Hamann September 1 Mark Boliaris August 8 Walter Conklin September 1 Frank Rhodes August 12 Mark France September 1 William Akin September 1 Frank Zaunscherb August 11 Mark Hoffman September 1 William Jacques September 1 Packet Page. 1075 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-66 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Name Date Name Date Name Date Terrance Nygard September 1 Eugene Evans September 1 Jean Little September 5 Gregory Brown September 1 John Kinch September 1 Robert Cismowski September 4 Joel Rempfer September 1 Ben Hang September 1 Sagi Eshel September 1 Eric Larabie August 28 Donitri Solloviev September 1 Shirley Cismowski September 4 J Stebbins Shelley, PhD August 28 Robert Anderson September 1 Nizhny Novgorod Hanggliding Club September 1 Heinz Tagmann August 24 Kenneth Andrews September 1 Robert Mann September 1 Gavin Wenzel September 1 Marta B. September 1 Maria Rempfer September 1 George Stebbins August 28 Marilyn S. September 1 Mr. & Mrs. Salcado September 1 Eric Brown August 28 Lincoln Spencer September 1 Pierre Bouchard September 1 Mike Kinney August 26 W. O’Sick September 1 Andrew Makuch September 1 Regina Zieglgaensberger August 26 Richard S. September 1 Patrice Lacroix September 7 Alex Gagarian September 3 Trung Nguyen September 1 Jan Pauck September 1 Debbie Fetters August 21 Douglas Martens September 1 Sallt Tucker September 5 Bob Barry August 24 Don Gallatin September 1 Mr. & Mrs. Brinckerhoff September 1 Len Clements August 26 Erik Fair September 1 Brendon McKenna August 14 Rob Sherwood September 1 Russ Brown September 1 Oddvar Kallhovd September 9 Mark Miyahara August 26 Wayne Maxwell September 1 John Jenson September 1 Peter & Dexa Swanson September 16 Mr. & Mrs. Regal September 1 Alexey Golden September 1 Ward Howells September 14 John Heiney September 1 Ulrich Lacher August 27 Kirk Thompson September 21 David F. September 1 Ali Koviely September 1 Katarzyna Milewska & Fred Morris September 1 Marge Variano September 1 David Metzgar September 1 Alan Coffield September 1 George Zelenz September 1 Linda & Jeff Dunn August 11 Andrew Beem September 1 Gregg D. September 1 Marcus Venturini September 1 Brett Hazlett September 1 Gregory Brown August 18 Mark Lilledahl September 1 Brett Neyhart September 1 Heather Hummell August 12 Matthew Rucando August 18 Bryan Bowker September 1 Ira McNabb September 1 Mike M. September 1 Chris McKeon September 1 Jack Simmons September 1 Mike Quinn September 1 Cliff Ryder September 1 Jacqueline Kakiki September 1 Mike Troeger September 5 Cory Stevens August 28 James Nershi September 1 Nylia Erickson August 19 Dan Fleming September 1 James Steel September 1 Pam Hargett September 1 Danny Black September 1 Jeff O'Brien September 1 Paul Born September 1 Dave Biddle September 1 Jeff Potts September 1 Peter Hardy August 16 Packet Page. 1076 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-67 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc Name Date Name Date Name Date David Boggs September 8 Jeffrey Roodhouse September 8 Rob Burgis September 1 David Bratt September 5 Jerry Dalen August 21 Rob Milley September 1 David Frechette September 1 Jerry Forberger September 1 Robert Bustamante September 1 David Van Noppen September 1 Jim Wood September 1 Robert Pobocik August 19 Doug Hawk September 8 Jonie Millhouse September 1 Roger Felton September 1 Eileen & Ralph Yager September 1 Julie Hudson September 1 Ron Harway August 12 Erik Kolberg September 1 Kari Castle September 1 Samuel Boggs September 8 Fred Ripp August 18 Kraig Coomber August 19 Scott Beevy September 1 G. McSweeney September 1 Lance Murray August 21 Scott Farnsworth September 1 George Tillery September 8 Larry Ainbinder September 1 Scott Orland September 1 Shandi Lee September 1 Theresa Velasco September 1 William Roberts September 1 Shawn Troeger September 5 Tim Turner September 1 Zac Majors September 1 Steve Kroop September 1 Mr. & Mrs. Bridgford September 1 Unknown Signature # 3 September 1 Stuart Anderson September 1 Troy Henkels August 18 Unknown Signature # 4 September 1 T. Golden September 1 Theresa Porter September 1 Unknown Signature # 5 September 1 September 1 Unknown Signature # 6 September 1 Response to Comment H-1 The issue of conflicts between the airpark landing zone and future homes in the University Hills project are addressed in detail in Response G-4 to the letter from the Crestline Soaring Society (CSS). That discussion includes several possible solutions by the State Department of Water Resources (DWR). Response to Comment H-2 There are a number of possible solutions available; however, the responsibility for resolving the issue lies primarily with the DWR and CSS since they were clearly aware of the potential conflict when the location of the airpark was approved in 1993 after the approval of residential development on the University Hills site. Additional discussion of this issue is included in Response G-4 to the letter from the Crestline Soaring Society (CSS). Response to Comment H-3 The City acknowledges that the airpark generates indirect economic benefits for the City, however, it must also be noted the airpark appears to operate in violation of City Development Code Section 12.88, Hang Gliding, which prohibits non-motorized flight over areas within the City unless approved Packet Page. 1077 Final Environmental Impact Report University Hills Specific Plan Michael Brandman Associates 3-68 S:\Client\2533 Inland Communities\0006 Univ Hills EIR\FEIR-MMRP and Findings\FEIR\FEIR-MMRP_UHSP10-21-08 Print Version.doc by the City. According to available information, the operations of the Andy Jackson Airpark have never been approved or authorized by the City under DC 12.88. Packet Page. 1078 Specific Plan Amendment 23-01 and Subdivision 23-05 Presented by: Community Development and Housing Department Packet Page. 1079 Request Adoption of the Addendum to the Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with the California Environmental Quality Act. Approval of Specific Plan Amendment No. 23-01, Approval of Subdivision 23-05, and to Dissolve Development Agreement No. 08-02 404.3-acre site APNs: Several APNS (0265-041-12, 0265-051-12 and -13; 0265-061-16; 0265-011-06, -07, and -08; 0265-051-09; and 0265-021-13) University Hills Specific Plan (SP-UH) Packet Page. 1080 Location/Zoning Map Packet Page. 1081 Aerial Packet Page. 1082 Planned Areas Packet Page. 1083 Discussion Project: First amendment to the approved University Hills Specific Plan (2008), proposing adoption of the Amendment to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH No. 2007071155), modifications to the land use plan, and a reduction in development intensity. Includes subdivision into 327 single-family residential lots and removal of Development Agreement No. 08-02. Background: 1993: Paradise Hills Specific Plan approved (504 units), not built. 2005: Renamed University Hills Specific Plan (SP-UH). 2008: SEIR adopted via Resolution 2008-422. 2008–2025: Specific Plan Amendment 23-01 and Subdivision 23-05 applied, Planning Commission recommended forwarding to Mayor City Council for approval on January 13, 2026. Amendment: •Reduce Planning Areas (24 to 4) •Reduce density (20 du/acre to 3 du/acre) •Increase open space (235 to 300 acres) •Reduce units (980 DU to 327 DU) •Update park plans, circulation, and design guidelines Packet Page. 1084 Discussion Subdivision: Tentative Tract Map implements the University Hills Specific Plan. Subdivision 23-05 (TTM No. 20595) subdivides approximately 338.8 acres into 327 single-family residential lots. Three lot configurations: •2,750 sq ft •3,600 sq ft •4,500 sq ft Designed around the Department of Water Resources 75” Foothill Pipeline and slope conditions. Includes landscaping, passive park, water quality basins, roadways, hiking trails, and open space. Connectivity: Adds pedestrian and bicycle routes with benches, bike racks, shade structures, lighting, and trail signage. Circulation: Retains Campus Parkway and Badger Canyon Road access, with two new vehicle access points. Utilities: Includes water, wastewater, storm drainage, electricity, natural gas, street lighting, and sidewalks. Utilities underground; power lines relocated. Packet Page. 1085 Discussion Landscaping Trees, shrubs, and groundcover create a unified look, improve views, screen areas, and stabilize slopes. Streetscape features enhance community identity. Uses native, drought- tolerant plants with efficient irrigation and runoff control. Maintained by HOA and Landscape & Lighting Districts. Recreation Areas Designed for all ages and abilities. Includes shade trees, outdoor furniture, and a mix of hard/soft paving. Active areas use turf/grass; passive areas use drought-tolerant landscaping. Lighting Provides safety and visibility, highlights entries, and follows dark sky guidelines. LED, shielded fixtures under 15 feet of exposure. Off-Site Improvements Includes drainage, water, sewer, fuel modification zones, and roadway improvements. Construction Schedule No phased plan. Infrastructure installed first (roads, water, sewer). Timeline: January 2027 – March 28, 2029. Packet Page. 1086 Discussion Development Agreement 08-02: Applicant requests dissolution due to unmet 5-Year Performance Plan requirements and outdated provisions. Requirements not met included off-site right-of-way acquisition, backbone infrastructure plans, and Phase 1 residential plans. Many terms are no longer relevant (maintenance, parks, fees, multifamily/student housing). Agreement will be replaced with a Memorandum of Understanding to protect CSUSB interests, with conditions of approval and an encroachment agreement recorded against the property. Agreement is between Applicant and CSUSB only. Compatible with the General Plan (see Staff Report Findings) Packet Page. 1087 Discussion-Access Project Site Packet Page. 1088 Access-1 Campus to Badger Packet Page. 1089 Access-2 Devils Canyon to Badger Packet Page. 1090 Access: Devils/Badger Canyon Packet Page. 1091 Tentative Parcel Map 20595 Packet Page. 1092 Tentative Parcel Map 20595 Packet Page. 1093 Tentative Parcel Map 20595 Packet Page. 1094 Site Plan Packet Page. 1095 Fire Department Fuel Modification Layout Packet Page. 1096 Recommendation It is recommended that the Mayor and City Council: 1)Adopt Resolution 2026-042 approving Subdivision No. 23-05 (Tentative Tract Map No. 20595) to allow the subdivision of a 404.3-acre site into 327 single- family residential lots; and adopting the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with the California Environmental Quality Act. 2)Introduce, read by title only, and waive further reading of Ordinance No. MC- 1664 of the Mayor and City Council of the City of San Bernardino, California (a) Approving Specific Plan Amendment 23-01, amending the development standards and guidelines of the original development plan and reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan (APNs: 0265-041-12, 0265-051-12 and -13; 0265-061-16; 0265-011-06, -07, and -08; 0265-051-09; and 0265-021-13); and (b) dissolving Development Agreement No. 08-02. 3)Schedule the adoption of Ordinance No. MC-1664 to the regularly scheduled meeting of the Mayor and City Council on June 17, 2026. Packet Page. 1097 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 4024651 Vanessa Alvarado CITY OF SAN BERNARDINO/CITY CLERK - LEAD 201 N. E ST. BUILDING A SAN BERNARDINO, CA - 92401 HRG - NOTICE OF HEARING SPECIFIC PLAN AMENDMENT 23-01 AND SUBDIVISION 23-05 (TENTATIVE TRACT MAP 20595) UNIVERSITY HILLS SPECIFIC 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: 04/25/2026 04/27/2026 SAN BERNARDINO !A000007382623! Email NOTI CE OF PUB LIC HEARI NG BEFORE THE MAYO R AND CITY COUNCIL Notice is hereby given that the City of San Bernardino M ayo r and City Council will hold a public hearing on Wedne sday,April 15,2026,at 4:00 p.m.in the Feldheym Public Library,Bing Wong Auditorium,555 West 6th Street,San Bernardino, California 92410,on the following item(s): SPECIFIC PLAN AM ENDM ENT 23-01 AND SUBDIVI SION 23-05 (TENTATIVE TRACT MAP 20595) UNIV ERSI TY HILLS SPECIFIC PLAN ---A request for the following: (1)adopt the Addendum to the Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155)in compliance with the California Environmental Quality Act;(2)approve Specific Plan Amendment No.23-01 to amend the development standards and guidelines of the original development plan and reduce the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan; (3)approve Subdivision No.23-05 (Tentative Tract Map No.20595)to allow the subdivision of a 404.3-acre site into 327 single-family residential lots;and (4)dissolve Development Agreement No.08-02.The project site is located at Badger Canyon Road and W.Frontline Road at APNs:0265-041-12,0265-051-12 and - 13;0265-061-16;0265-011-06,-07,and - 08;0265-051-09;and 0265-021-13 within the Specific Plan University Hills (SP-UH),Ward 5. Environmental Determination: Addendum to an EIR or Negative Declaration,pursuant to Section 15164(a)of the California Environmental Quality Act Applicant:David Hardy Owner:Encore University Hills, 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 Packet Page. 1098 correspondence delivered to the City Planning Division at,or prior to,the public hearing. 4/25/26 SBS-4024651# Packet Page. 1099 City of San Bernardino City Clerk’s Office 201 North E Street, San Bernardino, CA 92401 (909) 384-5002 www.sbcity.org NOTICE PUBLIC HEARING CONTINUED TO THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL ON JUNE 03, 2026 Item No. 7 – May 6, 2026 Mayor and City Council Agenda SPECIFIC PLAN AMENDMENT 23 -01 AND SUBDIVISION 23-05 (TENTATIVE TRACT MAP 20595) UNIVERSITY HILLS SPECIFIC PLAN Dated: May 7, 2026 Telicia Lopez, CMC City Clerk Packet Page. 1100 3 3 8 9 PUBLIC HEARING June 3, 2026 Honorable Mayor and City Council Members Andrea Russell, Director of Human Resources Human Resources It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing in accordance with AB 2561 (2024); and 2. Receive and file a report on the City of San Bernardino’s annual vacancy rate. This report is in compliance with AB 2561 which was passed in 2025. The total vacancy rate in the City is 12.9%. Human Resources, in compliance with AB 2561, conducted a review of the total staffing and vacancy rates for FY25/26 budgeted positions as of May 1, 2026. The State Legislature passed, and Governor Newsom signed AB 2561 (Chaptered at California Government Code §3502.3) effective January 1, 2025, requiring public agency employers to hold a public hearing to present the status of filled/vacant positions within the agency, and if vacancy rates meet or exceed 20% of the total number of authorized full-time Union represented positions, the agency is required to make additional reporting requirements upon request of the recognized employee organization as follows: 1. Total number of job vacancies within the bargaining unit. 2. Total number of applicants for vacant positions within the bargaining unit. 3. Average number of days to complete the hiring process from when a position is posted. Packet Page. 1101 3 3 8 9 4. Opportunities to improve compensation and other working conditions. The Legislative Bill authorized the recognized bargaining unit shall be entitled to make a presentation at the public hearing at which the agency presents the status of vacancies and recruitment and retention efforts for positions within that bargaining group. Discussion As of May 1, 2026, position and vacancy data by bargaining unit is as follows: BARGAINING UNIT FY25/26 BUDGETED POSITIONS FY 25/26 VACANCIES FY 25/26 VACANCY RATE GENERAL UNIT 273 37 13.55% MANAGEMENT& CONFIDENTIAL 136 27 19.85% MIDDLE MANAGEMENT 66 11 16.67% SBPDA 29 7 24.14% SBPCA 120 6 5.00% SBPMA 16 0 0.00% SBPOA 303 34 11.22% TOTAL 943 122 12.94% As outlined above, the SBPDA exceeds the 20% vacancy threshold established in AB 2561. Additional reporting requirements for this bargaining unit are as follows: SBPDA REPORTING CATEGORY RESPONSE TOTAL JOB VACANCIES WITHIN BARGAINING UNIT (12 MOS)7 TOTAL APPLICANTS FOR POSITIONS WITHIN BARGAINING UNIT (12 MOS)386 AVERAGE NUMBER OF DAYS FROM JOB POSTING TO HIRE (12 MOS)168 DAYS The Mayor and City Council are required to hold a public hearing prior to the annual budget adoption. This item will be brought back to the Mayor and City Council annually as required by law. 2021-2025 Strategic Targets and Goals Holding a public hearing in accordance with AB 2561 aligns with Key Target No. 2. Focused Aligned Leadership & Unified Community by reviewing vacancy data that allows the City to identify strategies to build a culture that attracts, retains, and motivates the highest quality talent. Packet Page. 1102 3 3 8 9 Fiscal Impact There is no fiscal impact associated with receiving and filing a report the City of San Bernardino Vacancy Data as required by AB 2561. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing in accordance with AB 2561 (2024); and 2. Receive and file a report on the City of San Bernardino’s annual vacancy rate. Attachments Attachment 1 – Vacancy Data by Bargaining Group as of 5.1.26 Attachment 2 – Position Vacancies by Bargaining Group as of 5.1.26 Attachment 3 – AB 2561 Presentation Ward: All Wards Synopsis of Previous Council Actions: June 4, 2025 – Mayor and City Council conducted a public hearing in accordance with AB 2561; and received and filed the report on the City of San Bernardino’s vacancy rate. CC: Eric Levitt, City Manager Packet Page. 1103 As of May 1, 2026, vacancy data by bargaining unit is as follows: BARGAINING UNIT FY25/26 BUDGETED POSITIONS FY25/26 VACANCIES AS OF 4/1/26 FY25/26 VACANCY RATE GENERAL UNIT (TEAMSTERS LOCAL 1932)273 37 13.55% MANAGEMENT & CONFIDENTIAL GROUP 136 27 19.85% MIDDLE MANAGEMENT UNIT 66 11 16.67% SBPCA 120 6 5.00% SBPDA 29 7 24.14% SBPMA 16 0 0.00% SBPOA 303 34 11.22% TOTAL ALL BARGAINING GROUPS: 943 122 12.94% Packet Page. 1104 CITY OF SAN BERNARINO VACANT POSITIONS BY BARGAINING GROUP MANAGEMENT & CONFIDENTIAL GROUP VACANT POSITION TITLE VACANCY DATE VACANCY REASON PAYROLL SUPERVISOR 10/3/2025 INCUMBENT SEPARATION ADMINISTRATIVE ASSISTANT TO CITY MANAGER (U)INCUMBENT PROMOTION - HOLD FY26 COMMUNITY INTERVENTION PROGRAM MANAGER (U)7/19/2025 INCUMBENT SEPARATION SENIOR ECONOMIC DEVELOPMENT MANAGER 8/1/2025 INCUMBENT SEPARATION ECONOMIC DEVELOPMENT SPECIALIST 8/1/2025 NEVER FILLED OMBUDSPERSON 8/1/2025 NEVER FILLED DEPUTY DIRECTOR OF ECONOMIC DEV (U)8/1/2025 INCUMBENT SEPARATION HOUSING DIVISION MANAGER (U)2/14/2026 INCUMBENT SEPARATION ENGINEERING PROJECT MANAGER 8/1/2025 NEVER FILLED ENGINEERING PROJECT MANAGER 8/1/2025 NEVER FILLED NEIGHBORHOOD & CUSTOMER SVCS MGR (U)1/6/2025 INCUMBENT PROMOTION RECORDS MANAGEMENT SPECIALIST (U)2/4/2026 INCUMBENT SEPARATION SHELTER VETERINARIAN 8/1/2025 NEVER FILLED SHELTER VETERINARIAN 8/1/2025 NEVER FILLED TRAFFIC ENGINEER 8/1/2025 INCUMBENT PROMOTION ASSISTANT BUILDING OFFICIAL 8/1/2025 NEVER FILLED MARKETING & MEDIA SPECIALIST 7/5/2025 INCUMBENT SEPARATION MANAGEMENT ANALYST I (FLEX)3/14/2026 INCUMBENT SEPARATION MANAGEMENT ANALYST II 3/16/2026 NO DATA MANAGEMENT ANALYST II (U)8/1/2025 NO DATA DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)8/1/2025 NEVER FILLED POLICE RECORDS MANAGER 7/1/2025 NEVER FILLED CITY PLANNER (U)8/1/2025 NEVER FILLED DEPUTY DIRECTOR OF OPERATIONS (U)8/1/2025 INCUMBENT SEPARATION PURCHASING DIVISION MANAGER (U)2/2/2026 INCUMBENT JOB CHANGE OPERATIONS & MAINTENANCE DIVISION MANAGER (U)8/1/2025 INCUMBENT SEPARATION EXECUTIVE ASSISTANT TO DIRECTOR (U)2/2/2026 INCUMBENT PROMOTION TOTAL VACANCIES 27 MIDDLE MANAGEMENT VACANT POSITION TITLE VACANCY DATE VACANCY REASON PRINCIPAL ACCOUNTANT 2/24/2026 INCUMBENT SEPARATION FORENSICS SUPERVISOR 12/30/2025 INCUMBENT SEPARATION ASSOCIATE PLANNER 2/16/2026 INCUMBENT PROMOTION PARK RANGER SUPERVISOR 8/1/2025 NEVER FILLED DISADVANTAGED BUSINESS ENT (DBE) SPC 10/31/2024 INCUMBENT SEPARATION CONSTRUCTION MANAGER 2/28/2026 INCUMBENT SEPARATION TRAFFIC ENGINEERING ASSOCIATE 8/1/2025 NEVER FILLED MAINTENANCE SUPERVISOR 8/1/2025 NEVER FILLED POLICE DISPATCH SUPERVISOR 10/6/2025 INCUMBENT JOB CHANGE COMMUNITY RECREATION MANAGER 11/10/2025 INCUMBENT PROMOTION COMMUNITY RECREATION PROGRAM SUPERVISOR 8/1/2025 NEVER FILLED TOTAL VACANCIES 11 GENERAL UNIT VACANT POSITION TITLE VACANCY DATE VACANCY REASON ACCOUNTING TECHNICIAN II 3/30/2026 INCUMBENT SEPARATION Packet Page. 1105 ACCOUNTING TECHNICIAN III 9/17/2025 INCUMBENT SEPARATION ANIMAL SHELTER ATTENDANT 3/4/2026 INCUMBENT SEPARATION ANIMAL SHELTER ATTENDANT 3/17/2026 INCUMBENT SEPARATION ANIMAL SHELTER ATTENDANT 8/1/2025 NO DATA ANIMAL SERVICES REPRESENTATIVE 9/9/2025 NO DATA CDBG/HOUSING PR0GRAM ASSISTANT 8/1/2025 NO DATA GRANTS ASSISTANT 9/23/2025 NO DATA GRANTS ASSISTANT 9/9/2025 HOLD VACANT FY 2026 ANIMAL CONTROL OFFICER I (FLEX)2/25/2026 INCUMBENT SEPARATION ANIMAL CONTROL OFFICER I (FLEX)NO DATA HOLD VACANT FY 2026 ASSISTANT PLANNER (FLEX)12/22/2025 INCUMBENT PROMOTION ASSISTANT PLANNER (FLEX)12/22/2025 INCUMBENT PROMOTION SENIOR ANIMAL SERVICES REP.10/8/2025 INCUMBENT SEPARATION CEMETERY CARETAKER 6/26/2023 INCUMBENT JOB CHANGE LEAD CUSTODIAN 3/14/2026 RAMIREZ,MARIO SEP EFF 3/14/26 LIBRARY ASSISTANT NO DATA GRANT FUNDED POSITION (ARPA) LIBRARY ASSISTANT NO DATA GRANT FUNDED POSITION (ARPA) LIBRARY TECHNICIAN I (FLEX)8/1/2025 NEVER FILLED NPDES INSPECTOR II 8/1/2025 NEVER FILLED ENGINEERING TECHNICIAN 4/13/2026 INCUMBENT PROMOTION ENGINEERING TECHNICIAN 4/13/2026 INCUMBENT PROMOTION TRAFFIC SIGNAL TECHNICIAN III 8/1/2025 INCUMBENT SEPARATION CODE ENFORCEMENT OFFICER II 4/13/2026 INCUMBENT PROMOTION MAINTENANCE WORKER I (FLEX)2/16/2026 INCUMBENT PROMOTION MAINTENANCE WORKER I (FLEX)3/26/2026 INCUMBENT SEPARATION MAINTENANCE WORKER I (FLEX)8/1/2025 NO DATA MAINTENANCE WORKER I (FLEX)8/1/2025 NO DATA MAINTENANCE WORKER I (FLEX)8/1/2025 NO DATA MAINTENANCE WORKER I (FLEX)8/1/2025 NO DATA LEAD MAINTENANCE WORKER 8/1/2025 NO DATA LEAD MAINTENANCE WORKER 8/1/2025 NO DATA LEAD PARKS CONSTRUCTION & MAINTENANCE WORKER 8/1/2025 NO DATA PLANS EXAMINER I (FLEX)8/1/2025 INCUMBENT SEPARATION COMMUNITY DEVELOPMENT TECHNICIAN 8/1/2025 NEVER FILLED COMMUNITY DEVELOPMENT TECHNICIAN 8/1/2025 NEVER FILLED COMMUNITY SERVICES PROGRAM COORD.8/29/2025 NO DATA TOTAL VACANCIES 37 SBPDA VACANT POSITION TITLE VACANCY DATE VACANCY REASON POLICE DISPATCHER I (FLEX)11/11/2025 INCUMBENT SEPARATION POLICE DISPATCHER II 9/15/2025 INCUMBENT PROMOTION POLICE DISPATCHER II 9/8/2025 NO DATA POLICE DISPATCHER II 2/20/2026 INCUMBENT SEPARATION POLICE DISPATCHER II 8/1/2025 NEVER FILLED POLICE DISPATCHER II 8/1/2025 NEVER FILLED POLICE DISPATCHER II 8/1/2025 NEVER FILLED TOTAL VACANCIES 7 SBPCA VACANT POSITION TITLE VACANCY DATE VACANCY REASON PARK RANGER 8/1/2025 NEVER FILLED Packet Page. 1106 PARK RANGER 8/1/2025 NEVER FILLED PARK RANGER 8/1/2025 NEVER FILLED POLICE RECORDS TECHNICIAN I (FLEX)8/1/2025 NEVER FILLED PARKING ENFORCEMENT OFFICER 8/1/2025 NEVER FILLED COMMUNITY SERVICES OFFICER 4/10/2026 INCUMBENT SEPARATION TOTAL VACANCIES 6 SBPOA VACANT POSITION TITLE VACANCY DATE VACANCY REASON POLICE OFFICER 9/15/2025 INCUMBENT PROMOTION POLICE OFFICER 4/13/2026 INCUMBENT PROMOTION POLICE OFFICER 12/24/2025 INCUMBENT SEPARATION POLICE OFFICER 8/27/2025 NO DATA POLICE OFFICER 12/22/2025 INCUMBENT PROMOTION POLICE OFFICER 3/18/2026 INCUMBENT SEPARATION POLICE OFFICER 12/10/2025 INCUMBENT SEPARATION POLICE OFFICER 8/27/2025 NO DATA POLICE OFFICER 8/27/2025 NO DATA POLICE OFFICER 4/14/2026 INCUMBENT PROMO POLICE OFFICER 8/27/2025 NO DATA POLICE OFFICER 2/20/2026 INCUMBENT JOB CHANGE POLICE OFFICER 8/27/2025 NO DATA POLICE OFFICER 10/6/2025 NO DATA POLICE OFFICER 10/15/2025 INCUMBENT SEPARATION POLICE OFFICER 12/29/2025 NO DATA POLICE OFFICER 8/27/2025 NO DATA POLICE OFFICER 8/27/2025 NO DATA POLICE OFFICER 8/27/2025 NO DATA POLICE OFFICER 4/2/2026 INCUMBENT JOB CHANGE POLICE OFFICER 12/11/2025 INCUMBENT SEPARATION POLICE OFFICER 11/5/2025 INCUMBENT SEPARATION POLICE OFFICER 8/27/2025 NEW POSITION POLICE OFFICER 8/1/2025 NEW POSITION POLICE OFFICER 8/1/2025 NEW POSITION POLICE OFFICER 8/1/2025 NEW POSITION POLICE OFFICER 8/1/2025 NEW POSITION POLICE OFFICER 8/1/2025 NEW POSITION POLICE OFFICER 8/1/2025 NEW POSITION POLICE OFFICER 8/1/2025 NEW POSITION POLICE OFFICER 8/1/2025 NEW POSITION POLICE OFFICER 8/1/2025 NEW POSITION POLICE OFFICER 4/15/2026 INCUMBENT JOB CHANGE POLICE OFFICER 8/1/2025 NEW POSITION TOTAL VACANCIES 34 Packet Page. 1107 City of San Bernardino AB 2561 Annual Vacancy Report Presented by: Human Resources & Risk Management Department Packet Page. 1108 Request 1. Conduct a public hearing in accordance with AB 2561. 2. Receive and file a report on the City of San Bernardino’s annual vacancy rate. Packet Page. 1109 Background •AB 2561 was passed by the Legislature and signed by Governor Newsom in 2024, with an effective date of January 1, 2025. •This Assembly Bill requires all public agency employers to hold a public hearing to present the status of filled/vacant positions within the agency, which includes the vacancy rate by bargaining unit. •If the vacancy rate for positions within any recognized employee organization exceeds 20% of authorized positions within the group, the agency is required to make additional reporting requirements upon request of the affected group. Packet Page. 1110 Discussion The City of San Bernardino has 7 recognized employee organizations that include the following: •General Unit (Teamsters Local 1932) •Management & Confidential Group •Middle Management Unit (Teamsters Local 1932) •San Bernardino Police Dispatch Association (SBPDA) •San Bernardino Police Civilian Association (AFSCME District Council 36) •San Bernardino Police Management Association (SBPMA) •San Bernardino Police Officers’ Association (SBPOA) Packet Page. 1111 Position/Vacancy Data By Bargaining Unit As of May 1, 2026, vacancy data by bargaining unit is as follows: FY25/26 VACANCY RATE FY25/26 VACANCIES AS OF 4/1/26 FY25/26 BUDGETED POSITIONSBARGAINING UNIT 13.55%37273GENERAL UNIT (TEAMSTERS LOCAL 1932) 19.85%27136MANAGEMENT & CONFIDENTIAL GROUP 16.67%1166MIDDLE MANAGEMENT UNIT (TEAMSTERS LOCAL 1932) 5.00%6120SAN BERNARDINO POLICE CIVILIAN ASSOCIATION (AFSCME DC 36) 24.14%729SAN BERNARDINO POLICE DISPATCH ASSOCIATION 0.00%016SAN BERNARDINO POLICE MANAGEMENT ASSOCIATION 11.22%34303SAN BERNARDINO POLICE OFFICERS ASSOCIATION 12.94%122943TOTAL ALL BARGAINING GROUPS: Packet Page. 1112 Additional Reporting Requirements SBPDA TIME TO HIRE (12 MONTHS) TIME TO HIRE FROM APPPLICATION DATE (DAYS) TIME TO HIRE FROM RECRUITMENT OPENING (DAYS)HIRE DATEAPPLICATION DATE RECRUITMENT OPEN DATE 2522739/1/202512/23/202412/2/2024 678712/4/20259/28/20259/8/2025 1881893/16/20269/9/20259/8/2025 1881893/16/20269/9/20259/8/2025 1451474/13/202611/19/202511/17/2025 168177AVERAGE Packet Page. 1113 Additional Reporting Requirements (Cont.) Recruitment Efforts •Continuous recruitments conducted for all Dispatch positions. •Online testing at applicant’s convenience. •Applications reviewed and processed monthly. •Working closely with the Police Personnel & Training Unit to expedite processing so they can begin the background process. Recruitment Challenges •Selection process requires Personal History Statement for all Police Department Positions. •Hiring process requires an in-depth public safety background screening. •Compensation Opportunities to Improve •Compensation – Class & Comp Study currently underway. Packet Page. 1114 Questions? Packet Page. 1115 Recommendation It is recommended that the Mayor and City Council: 1) Conduct a public hearing in accordance with AB 2516 2) Receive and fil a report on the City of San Bernardino’s annual vacancy rate. Packet Page. 1116 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Telicia Lopez, City Clerk City Clerk 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. April 10, 2023 Special Meeting Draft Minutes 2. August 3, 2023 Special Meeting Draft Minutes 3. April 1, 2026 Regular Meeting Draft Minutes 4. April 15, 2026 Regular Meeting Draft Minutes Packet Page. 1117 Mayor Helen Tran City of San Bernardino Council Members 201 North E Street Theodore Sanchez San Bernardino, CA 92401 Sandra Ibarra http://www.sbcity.org Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander 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 MONDAY, APRIL 10, 2023 6:30 PM The Special Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 6:40 PM by Mayor Helen Tran on Monday, April 10, 2023, at the Multipurpose Conference Room, 2nd Floor, 201 North E Street, San Bernardino, CA. CALL TO ORDER 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 Thomas Rice Assistant City Attorney Present Genoveva Rocha City Clerk Present Courtney Bowen Deputy City Clerk Present 6:30 P.M. CLOSED SESSION PUBLIC COMMENTS Packet Page. 1118 Special Meeting Draft Minutes April 10, 2023 Mayor and City Council of the City of San Bernardino Page 2 There were no in-person public comments. The following remote public comment was heard via Zoom: The speaker, name unintelligible, commented that a strong candidate should be chosen for City Manager. He commented that he or she should not be easily bullied into making decisions, should care about the City, and should not be affiliated with any past or current Council Members. CLOSED SESSION A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager (Recruitment Process) CLOSED SESSION REPORT Assistant City Attorney Thomas Rice advised that there was no formal reportable action, but the City Council asked that it be announced to the public that there was a unanimous vote of the City Council to direct the Interim City Manager to bring back a contract with a recruitment firm for the future City Manager employment search at the next Regular Mayor and City Council meeting. ADJOURNMENT The Special Closed Session of the Mayor and City Council was adjourned on Monday, April 10, 2023, at 8:09 PM. 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 April 19th, 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, City Clerk Packet Page. 1119 Mayor Helen Tran City of San Bernardino Council Members 201 North E Street Theodore Sanchez San Bernardino, CA 92401 Sandra Ibarra http://www.sbcity.org Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander 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 THURSDAY, AUGUST 3, 2023 2:00 PM The Special Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 2:03 PM by Mayor Helen Tran on Wednesday, August 3, 2023, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER 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 Via Zoom Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Via Zoom Helen Tran Mayor Present Thomas Rice Assistant City Attorney Present Genoveva Rocha City Clerk Present Packet Page. 1120 Special Meeting Draft Minutes August 3, 2023 Mayor and City Council of the City of San Bernardino Page 2 2:00 P.M. CLOSED SESSION PUBLIC COMMENTS There were no public comments. CLOSED SESSION A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager CLOSED SESSION REPORT There was no reportable action. ADJOURNMENT The Special Closed Session of the Mayor and City Council was adjourned on Thursday, August 3, 2023, at an unspecified time. The next 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 Thursday, August 10, 2023, at the Multi-Purpose Room (2nd floor) located at 201 North E Street, Suite B, San Bernardino, California 92401.The Special Meeting will begin at 5:30 p.m. By:___________________________ Telicia Lopez, CMC, City Clerk Packet Page. 1121 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Annotated 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, 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, APRIL 01, 2026 4:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 4:31 PM by Mayor Helen Tran on Wednesday, April 1st, 2026, 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 4:32 p.m. Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Kim Knaus Mayor Pro Tem, Ward 5 Late 4:41 p.m. Mario Flores Council Member, Ward 6 Present Dr. Treasure Ortiz Council Member, Ward 7 Present Helen Tran Mayor Present Eric Levitt City Manager Present Albert Maldonado Deputy City Attorney Present Telicia Lopez City Clerk Present Vanessa Alvarado 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. 1122 Regular Meeting Annotated Agenda April 1, 2026 Mayor and City Council of the City of San Bernardino Page 2 4:30 P.M. CLOSED SESSION PUBLIC COMMENT There were no public comments or requests to speak for Closed Session. CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(d)(2): i.) Notice of Claim, Mandeville Modular, Inc., dated March 17, 2026, Claim No.GHC0095108 5:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:03 PM by Mayor Helen Tran on Wednesday, April 1, 2026, at Feldheym Central Library, San Bernardino, CA. 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 Council Member, Ward 4 Present Kim Knaus Mayor Pro-Tem, Ward 5 Present Mario Flores Council Member, Ward 6 Present Dr. Treasure Ortiz Council Member, Ward 7 Present Helen Tran Mayor Present Eric Levitt City Manager Present Albert Maldonado Deputy City Attorney Present Telicia Lopez City Clerk Present Vanessa Alvarad Deputy City Clerk Present INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Dan Roth from the Rock Church and World Outreach led the invocation, and Council Member Sandra Ibarra led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT Deputy City Attorney Albert Maldonado stated there was no reportable action from Closed Session. APPOINTMENTS There were no public comments regarding Appointments. There was a consensus amongst the Council Members to vote on Item Nos. 1 through 3 in one vote. Council Member Fred Shorett stepped off the dais at 5:06 p.m. and returned after the vote was taken. Packet Page. 1123 Regular Meeting Annotated Agenda April 1, 2026 Mayor and City Council of the City of San Bernardino Page 3 RESULT: APPROVED ITEMS NOS. 1,2, AND 3 [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Knaus, Flores, Ortiz, Tran ABSENT: Fred Shorett 1. Arts and Historical Preservation Commission Appointment of Denise Salas (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Denise Salas to the Arts and Historical Preservation Commission representing Ward 5 with the term ending December 2028. Denise Salas will replace a vacant position formerly held by Michael J. Segura. Council Staff has verified that appointee is a registered voter within the city. RESULT: APPROVED ARTS AND HISTORICAL PRESERVATION COMMISSION APPOINTMENT OF DENISE SALAS [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Knaus, Flores, Ortiz, Tran ABSENT: Fred Shorett 2.Charter Review Committee Appointment of Andy Garcia (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Andy Garcia to the Charter Review Committee representing Ward 5 with the term ending December 2028. Andy Garcia will replace a vacant position formerly held by Michael A. Lara. Council Staff has verified that appointee is a registered voter within the city. RESULT: APPROVED CHARTER REVIEW COMMITTEE APPOINTMENT OF ANDY GARCIA [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Knaus, Flores, Ortiz, Tran ABSENT: Fred Shorett 3.Measure S Citizens’ Oversight Committee Appointment of Angelique Weathersby (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Angelique Weathersby to the Measure S Citizens’ Oversight Committee representing Ward 5 with the term ending December 2028. Packet Page. 1124 Regular Meeting Annotated Agenda April 1, 2026 Mayor and City Council of the City of San Bernardino Page 4 Angelique Weathersby will replace Anthony J. Roberson. Council Staff has verified that appointee is a registered voter within the city. RESULT: APPROVED MEASURE S CITIZENS’ OVERSIGHT COMMITTEE APPOINTMENT OF ANGELIQUE WEATHERSBY [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Knaus, Flores, Ortiz, Tran ABSENT: Fred Shorett There was a consensus among the Mayor and City Council Members to reorder the agenda to conduct business items prior to the public hearing. CITY MANAGER UPDATE City Manager Eric Levitt provided the City Manager Update. Highlighted the groundbreaking of a new permanent supportive housing project for homeless veterans. He also reported the installation of traffic gates on Victoria Avenue, in partnership with Yaamava' Resort & Casino at San Manuel. Additionally, the City Manager announced that Tariq Ramani joined the City’s leadership team as Finance Director, bringing nearly 25 years of municipal finance experience PUBLIC COMMENTS FOR ITEMS LISTED ON CONSENT CALENDAR Due to the City Council’s consensus to reorder the agenda and hear business items prior to the public hearing, public comments for Consent Calendar items were heard at this time. The following speakers expressed support for Items No. 7 in support for the Route 66 resolution, recognition of Route 66’s historical and economic significance, encouragement to pursue grant opportunities, and John Valdivia John Atwater Cheryl Brown expressed concerns regarding the historical accuracy of information included in the item specifically the map of the route. 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 ITEM NO. 6 WAS PULLED FOR QUESTIONS [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None Packet Page. 1125 Regular Meeting Annotated Agenda April 1, 2026 Mayor and City Council of the City of San Bernardino Page 5 5. Approval of Various Mayor and City Council Meeting Minutes 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. October 27, 2022 Special Meeting Draft Minutes 2. February 12, 2026 Special Meeting Draft Minutes 3. March 4, 2026 Regular Meeting Draft Minutes 4. March 6, 2026 Special Meeting Draft Minutes RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 6. 2025 Housing Element Annual Progress Report (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the 2025 Housing Element Annual Progress Report (Attachment 1). Mayor Pro Tem Knaus pulled this item to emphasize that ongoing budget concerns and inefficiencies in processes are hindering economic development and revenue growth for the city. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Kim Knaus, Mayor Pro-Tem, Ward 3 SECONDER: Theodore Sanchez, Council Member, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 7. Resolution In Support of The California Historic Route 66 Association And The Route 66 Centennial Year (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-032 expressing support for the California Historic Route 66 association and the Route 66 Centennial year. Packet Page. 1126 Regular Meeting Annotated Agenda April 1, 2026 Mayor and City Council of the City of San Bernardino Page 6 RESULT: ADOPTED RESOLUTION NO. 2026-032 [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 8. Rejection of Construction Bids for the Villasenor Library - Parking Lot Surfacing Project and Amendment of Measure S Funds to the Encanto Park Improvements (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-033: 1. Rejecting all construction bids received for the Villasenor Library - Parking Lot Surfacing Project; and 2. Amending the DY 2025/26 Capital Improvement Program (CIP) Budget to reallocate $247,933.16 in Measure S funds from The Villasenor Library Parking Lot Surfacing Project to the Encanto Park Improvements. RESULT: ADOPTED RESOLUTION NO. 2026-033 [7-0] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None DISCUSSION Prior to hearing the Discussion Items, City Manager Levitt announced that staff was removing Item No. 10 from consideration. There were no public comments regarding on Discussion Items. 9. Consideration of Joint Powers Agreement (JPA) Participation in the San Bernardino Regional Housing Trust (SBRHT) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City to join the San Bernardino Regional Housing Trust; and 2. Authorize the City to join the San Bernardino Regional Housing Trust; and 3. Appoint a representative to serve as the City’s Director on the San Bernardino Regional Housing Trust Board of Directors and designate an Alternate representative to serve in the Director’s absence. The City may appoint the Mayor or a member of the City Council; and Packet Page. 1127 Regular Meeting Annotated Agenda April 1, 2026 Mayor and City Council of the City of San Bernardino Page 7 4. Authorize the City Manager, subject to review by the City Attorney, to make or agree to any modifications to the Joint Powers Agreement that are in furtherance of the overall goal of resolution approved herein and the intent of the agreement without creating any additional financial obligations or liability for the City. Deputy Director of Housing & Homelessness, Cassandra Searcy provided the Mayor and City Council a presentation Staff presented an item recommending the City join the San Bernardino Regional Housing Trust through a Joint Powers Authority (JPA). Staff explained that the Housing Trust would serve as a regional financing tool to help participating jurisdictions leverage funding for affordable housing production, preservation, and rehabilitation while maintaining local control over land use and zoning decisions. Staff noted the item was time-sensitive due to upcoming SCAG REAP 2.0 funding deadlines and stated participation would allow the City to help shape future policies, funding priorities, and program guidelines. Staff also outlined the proposed governance structure, estimated annual membership costs, and withdrawal provisions. Discussion ensued regarding voting representation, membership costs based on population, governance structure, and eligibility for regional funding. Staff explained that jurisdictions not participating in the JPA would be ineligible for funding opportunities established through the partnership and noted that membership costs are expected to decrease as additional jurisdictions join Monique Ariano, Director of the Council of Governments for the San Bernardino County Transportation Authority Council of Governments (SBCTA COG) introduced herself and responded that future funding priorities and eligibility criteria would be determined by the Housing Trust Board. RESULT: APPROVED STAFF’S RECOMMENDATION ADOPTING RESOLUTION 2026-021 AND APPOINTED COUNCIL MEMBER JUAN FIGUEROA AS A REPRESENTATIVE AND MAYOR PRO TEM KIM KNAUS AS THE ALTERNATE REPRESENTATIVE; [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 10. Disposition and Development Agreement (DDA) with Montebello Housing Development Corporation (MHDC) for the Development of Surplus Land Act Site 6 for Affordable Housing (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the Disposition and Development Agreement (DDA) between the City of San Bernardino and Montebello Housing Development Corporation (MHDC), a nonprofit affordable housing developer, for the development of approximately Packet Page. 1128 Regular Meeting Annotated Agenda April 1, 2026 Mayor and City Council of the City of San Bernardino Page 8 0.15 acres of city-owned surplus land, identified as site 6 for affordable housing; and 2. Authorize the City Manager or designee to execute the DDA, along with any subsequent amendments, extensions, and other necessary documents to complete the transaction. RESULT: NO ACTION TAKEN; REMOVED FROM CONSIDERATION BY STAFF. PUBLIC HEARING 4. CENSURE OF COUNCILMEMBER TREASURE ORTIZ BY CITY COUNCIL RECOMMENDATION: It is recommended that the City Council decide whether to adopt a Resolution of Censure A point of order was raised by Council Member Ortiz expressing concern that presenting information related to a pending criminal matter could constitute improper trial publicity and potentially prejudice ongoing judicial proceedings. Reference was made to Rule 3.6 regarding extrajudicial statements by attorneys and Penal Code Section 849.5, with a request for clarification that the presentation would not violate applicable legal or ethical standards. City Attorney Alber Maldonado stated there was no legal impediment preventing the Council from proceeding with the censure hearing despite the related criminal case and federal lawsuit. He further noted that he had spoken with the lead District Attorney on the criminal matter, who had not raised any objection to moving forward with the hearing or presentation of the information. Mayor Tran opened the Censure Public Hearing at 5:45 p.m. City Clerk Lopez swore-in the speakers. City Attorney Maldonado outlined the procedures for the censure hearing, including notice requirements, public hearing procedures, presentation time limits, opportunities for rebuttal, and public comment. He emphasized that the hearing was being conducted in open session in compliance with the Brown Act and that Council Member Ortiz would be afforded an opportunity to respond. In accordance with the notice that was provided to Council Member Ortiz, both the City legal counsel and the appellant were allotted 60 minutes to speak, with the option to reserve a portion of that time for rebuttal. Outside City Legal Counsel Mr. Stephen Larson presented the City’s Case to the Mayor and City Council reserving 10 minutes for his rebuttal. He presented the City’s case in support of the proposed censure resolution, citing allegations of unlawful recordings, use of the recordings to support false claims regarding CLETS misuse, a pattern of deceptive conduct, including misrepresentations regarding her arrest history, public availability of arrest records, and alleged impersonation of law enforcement personnel in seeking Packet Page. 1129 Regular Meeting Annotated Agenda April 1, 2026 Mayor and City Council of the City of San Bernardino Page 9 confidential CLETS-related information from the California Department of Justice. Council Member Treasure Ortiz waived her presentation and reserved her 60 minutes for the rebuttal. There were thirty (31) public comments. The following speakers supported the proposed Censure Resolution, defended Chief Darren Goodman and the San Bernardino Police Department, and emphasized the importance of accountability, ethical governance, and maintaining public trust in City leadership. Adam Affrunti Bill Baumann Nick Oldendorf Josh Cogswell Clint Walton Jose Castro Pattsy Tucker Linda Hart Che Wright Eugene Weems John Valdivia Francisco Hernandez The following speakers spoke in opposition of the Censure, and expressed concerns regarding due process, alleged political retaliation, and the City’s priorities, while several speakers voiced support for Council Member Ortiz and criticized the censure process. Ron Alvarado LRea Robinson Sarah Diane Harkinson Andy Fuentes Delores Armstead Christian Shaughnessy Anthony Noriega Maelena Enriquez Timothy Prince John Schollenberger Kim Calvin Victor Suarez Barbara Sky Lawanda Rangel stated that Council Member Ortiz violated her oath of office and should be focused on protecting and serving the City rather than pursuing actions against i t, and requested for Council Member Ortiz to resign. Amy Malone stated that the City should be prioritizing more pressing community issues and that the matter should instead be addressed through the judicial process. Pluto Arazo voiced concerns regarding a potential abuse of power. Zazette Scott, civil rights and domestic violence advocate requested that a slide containing information related to a domestic violence report be removed, expressing concern that the presentation of the information could discourage victims from coming forward. James Penman, former City Attorney, spoke in support of Chief Darren Goodman, commending his leadership and noting reductions in crime during his tenure. He also stated that information discussed during the Seventh Ward campaign was based on public records and denied receiving any confidential law enforcement information. Mr. Larson provided his rebuttal reiterating that multiple investigations found no wrongdoing related to the alleged CLETS misuse and asserting that Council Member Ortiz used illegally obtained recordings to promote false claims against the Police Department and City leadership. Packet Page. 1130 Regular Meeting Annotated Agenda April 1, 2026 Mayor and City Council of the City of San Bernardino Page 10 Council Member Treasure Ortiz provided her rebuttal, responded to the proposed censure, citing that the investigations were one-sided and conducted without reviewing her evidence or interviewing her witnesses. She maintained that she acted based on information provided to her regarding alleged unlawful CLETS access, denied wrongdoing, characterized the proceedings as retaliation and political misconduct, and called for an independent investigation into the matter The public hearing was closed at 8:19 p.m. The meeting recessed at 8:20 p.m. and reconvened at 8:35 p.m. Council Members expressed support for the proposed censure, stating that multiple investigations found no evidence of unlawful CLETS access and emphasizing the Council’s responsibility to uphold accountability and professional conduct. Councils discussion also addressed concerns regarding ongoing allegations against the City and Police Department, the impact of litigation on City resources, and the need for the Council to move forward and focus on serving the community. There was a motion to have the City Clerk introduce Resolution 2026-035, read by title only and waive further reading of Resolution 2026-035, and read Section 5 imposing a one year revocation period: (1) Councilmember Ortiz is hereby removed from her discretionary assignments for which she was appointed by the Mayor and City Council, specifically, the City’s Homeless Initiatives Ad-Hoc Subcommittee and the alternate for San Bernardino County Continuum of Care, San Bernardino County Central Valley Regional Steering Committee, and San Bernardino County Central Valley Network, for a temporary period of (1) year, effective immediately upon adoption of this Resolution. (2) In order to prevent future misuse of public resources for non -official purposes, such as a past instance of Councilmember Ortiz giving a news media interview conducted in an office at San Bernardino City Hall that she was given the privilege to use, for the purpose of promoting her frivolous claim against the City, and in order to protect City facilities and the integrity of City operations, Councilmember Ortiz’s privilege to use an assigned office at City Hall is hereby withdrawn for a temporary period of (1) year, effective immediately upon adoption of this Resolution. (3) The City Council hereby requests that Councilmember Ortiz voluntarily resigns from her elected seat, as continued service in an elected position, based upon her past conduct, is incompatible with the interests of the public and the effective governance of the City. Packet Page. 1131 Regular Meeting Annotated Agenda April 1, 2026 Mayor and City Council of the City of San Bernardino Page 11 RESULT: ADOPTED RESOLUTION NO. 2026-035; IMPOSING A ONE-YEAR REVOCATION OF CERTAIN PRIVILEGES IN ACCORDANCE WITH SECTION 5 SUBSECTION 1 AND 2 OF THE RESOLUTION. MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores NOES: None PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard. Al Palazzo spoke regarding a proposal he submitted to redevelop the former Carousel Mall site and portions of the Mount Vernon corridor. He requested that City leadership review his materials and consider his ideas and professional experience related to economic development and commercial revitalization. Sarah raised concerns regarding the handling and release of investigative reports, alleged disclosure of confidential information, and claims involving former City employees and the Police Department. The speaker also questioned the City’s response to related allegations and investigations. Andy Fuentes criticized the censure action as ineffective, accused the Council of ignoring community concerns, and expressed support for Council Member Ortiz and Seventh Ward representation. Christian Shaughnessy spoke regarding the censure vote and encouraged the Council to apply the same level of focus and effort toward addressing the City’s more pressing issues. Omar Williams a First Ward candidate, expressed concern regarding public safety and urged the Council and Police Department to work collaboratively to address community issues and improve public trust. Luis Ojeda urged the Council to move past political conflicts and focus on addressing ongoing community issues, including homelessness, blight, and public safety, while encouraging collaboration and meaningful action to improve the City. Delores Armstead criticized the time and resources spent on the censure proceedings and expressed concerns regarding homelessness, downtown conditions, economic development. Maelina Enriquez criticized the time spent on the censure proceedings and urged Council Member Sanchez and the Council to be more engaged with community issues and local events, while expressing support for Council Member Ortiz and community activism. Timothy Prince criticized the Council’s handling of the censure proceedings, expressed support for Council Member Ortiz, questioned the evidence presented against her, and stated that the matter should have been resolved through the court process rather than Council action. Packet Page. 1132 Regular Meeting Annotated Agenda April 1, 2026 Mayor and City Council of the City of San Bernardino Page 12 Jogn Schollenberger expressed opposition to the censure proceedings, stated that elected officials are accountable to voters rather than the Council, criticized past Council decisions and former leadership, and argued that the proceedings were divisive and unproductive. Victor Suarez criticized the censure proceedings, questioned the involvement and responsiveness of City leadership and the Police Department, and expressed concerns regarding homelessness, public infrastructure, environmental issues, and overall City governance. Henry Nickels, former Council Member and Fifth Ward resident thanked Council Members Sanchez and Figueroa for their assistance in helping resolve a personal matter involving a family heirloom, commended the Police Department’s service, and encouraged the Council to remain focused on serving the community and addressing residents’ needs. Julene Colunga expressed gratitude to the San Bernardino Police Department, Officer Madrid, former Council Member Henry Nickel, and Council Members Figueroa and Sanchez for their assistance in recovering a lost engagement ring, commending their compassion, service, and dedication to the community. Ron Alvarado, a First Ward candidate, criticized the censure proceedings and Council leadership, expressing concerns regarding public safety, political conduct, and the City’s focus on addressing neighborhood and community issues. At 9:45 p.m., the Mayor and City Council reached consensus to continue the meeting past 9:00 p.m., in accordance with Resolution No. 2024-029. MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included reports on recent meetings, community events, homelessness initiatives, park and neighborhood improvements, youth engagement efforts, and partnerships with community organizations and regional agencies. Updates also included recognition of the San Bernardino Police Department’s Baker to Vegas achievement, appreciation for City staff efforts addressing blight and community concerns, congratulations to the new Finance Director, and a moment of silence held in honor of Officer Levi Vargas. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, April 1, 2026 at 9:58 p.m. Closed in honor of LA County Sheriff Deputy Levi Vargas. 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 April 15, 2026, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Telicia Lopez, CMC City Clerk Packet Page. 1133 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, APRIL 15, 2026 3:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 3:31 PM by Mayor Helen Tran on Wednesday, April 15, 2026, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Kim Knaus Mayor Pro Tem, Ward 5 Present Mario Flores Council Member, Ward 6 Present Dr. Treasure Ortiz Council Member, Ward 7 Present Helen Tran Mayor Present Eric Levitt City Manager Present Albert Maldonado Deputy City Attorney Present Telicia Lopez City Clerk Present Perla Lopez Chief 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. 1134 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 2 3:30 P.M. CLOSED SESSION PUBLIC COMMENT There were no public comments or requests to speak for Closed Session. CLOSED SESSION A.) CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation - Initiation of Litigation pursuant to Government Code Section 54956.9(d)(4): One (1) Case PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA At this time, public comments were heard. Mayor and City Council convened into Closed Session at 2:09 p.m. CLOSED SESSION A.) CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation - Initiation of Litigation pursuant to Government Code Section 54956.9(d)(2): 1 case B.) CONFERENCE WITH LEGAL COUNSEL – Existing Litigation (Pursuant to Government Code Section 54956.9(a) and (d)(1): i.) Daniel Goff v. City of San Bernardino, Workers’ Compensation Case Nos. ADJ21530688; ADJ Unassigned, Workers’ Compensation Claim Nos. 25-188888; 25-187229 ii.) Byron Clark v. City of San Bernardino, Workers’ Compensation Case Nos. ADJ20576797; ADJ20576274; ADJ6889990; ADJ Unassigned, Workers’ Compensation Claim Nos. 25-184724; 24-178748; CSBY-7770; SCBY-6534 C.) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS (Pursuant to Government Code Section 54957) (Criteria, Timing, Goal Setting, and Other Preliminary Matters) Titles: City Manager, City Clerk, City Attorney D.) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2): i. Notice of Claim, Mandeville Modular, Inc., dated March 17, 2026, Claim No. GHC0095108 ii. Notice of Claim, Amanda Schillero, dated July 31, 2025, Claim No. GHC0087648 iii. Notice of Claim, Sanna Ey, dated August 28, 2025, Claim No. GHC0087648 iv. Notice of Claim, Diana Sanchez, dated August 28, 2025, Claim No. GHC0087693 v. Notice of Claim, Jose Villa, dated August 11, 2025, Claim No. GHC0087693 Packet Page. 1135 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 3 5:00 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:16 PM by Mayor Helen Tran on Wednesday, April 15, 2026, at Feldheym Central Library, San Bernardino, CA. Attendee Name Title Status Arrived CLOSED SESSION REPORT Deputy City Attorney Albert Maldonado reported all items were discussed; only Item A had reportable action. The City Council unanimously approved initiating a receivership case. The details of the case would be made publicly available once it was filed. INVOCATION AND PLEDGE OF ALLEGIANCE Dr. Clyde A. Stewart from Westside Worship Center led the invocation, and Bryce Walton from Bonnie Oehl Elementary School led the Pledge of Allegiance to the Flag. PRESENTATIONS 1. Proclamation for National Library Week in the City of San Bernardino – April 19- 25, 2026 (All Wards) The Mayor and City Council presented the proclamation to Library Director Ed Erjavek & Library Board President James Pierson. 2. Proclamation for Child Abuse Prevention Month in the City of San Bernardino – April 2026 (All Wards) The Mayor and City Council presented the proclamation to Hillary Steenson Ray of the San Bernardino County Children’s Network. 3. Proclamation for Sexual Assault Awareness Month in the City of San Bernardino, April 2026 (All Wards) The Mayor and City Council presented the proclamation to Carmen Madueno of Partners Against Violence. Packet Page. 1136 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 4 PUBLIC HEARING 4. Approval of the Issuance of Revenue Obligation Bonds in an Amount not to Exceed $15,000,000 by the California Enterprise Development Authority for TIP Property Caritas LLC (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions: 1. Hold a public hearing; and 2. Adopt Resolution No. 2026 -036 approving the issuance of revenue obligations by the California Enterprise Development Authority (CEDA) in an amount not to exceed $15,000,000 for TIP Property Caritas, LLC, a California limited liability company, and/or a related or successor entity (the Borrower) at 662, 678 and 696 South Tippecanoe Avenue, San Bernardino, in accordance with the requirements of the Federal Tax Equity and Fiscal Responsibility Act (“TEFRA”) and Internal Revenue Code of 1986 as amended (“Code”); and 3. Authorize the City Manager or designee to take any further actions and execute any additional documents necessary to effectuate the Tax-Exempt bond issuance for TIP Property Caritas LLC. Mayor Tran opened the Public Hearing at 5:39 p.m. Director of Community Development and Housing, Gabriel Elliott, presented to the Mayor and City Council. There were three public comments. Ron Alvarado, first ward resident and council candidate, spoke in support of the proposed $15 million revenue bond issuance, emphasizing transparency, accountability, and community benefits. Patricia Nichols Butler, CEO and president of Community Action Partnership (CAPS), and Richard Smith, Chief Financial Officer, spoke in support of the proposed tax-exempt financing. Stating it would strengthen the nonprofit’s sustainability and support services for vulnerable residents. Mayor Tran closed the Public Hearing at 5:47 p.m. Council Members expressed support for Community Action Partnership and its services to the community, including assistance provided during the COVID-19 pandemic. Mayor Pro Tem Knaus and Council Member Flores announced that they would recuse themselves. Mayor Pro Tem Knaus stated that the organization she worked for was located within the same building as CAPS. Council Member Flores stated that he served on the board of CAPS. Packet Page. 1137 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 5 RESULT: ADOPTED RESOLUTION NO. 2026-036 [5-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Ortiz NOES: None RECUSE: Kim Knaus and Mario Flores 5. Continuation of the Public Hearing of March 18, 2026 - Short Term Rentals (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Introduce and read by title only and waive further reading of Ordinance No. MC-1660 of the Mayor and City Council of the City of San Bernardino, California, adopting a regulatory program which would amend Section 19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) for short-term and vacation rentals in the City of San Bernardino; or 3. Introduce and read by title only and waive further reading of Ordinance No. MC-1661 of the Mayor and City Council of the City of San Bernardino, California Amending Section 19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code (SBMC Title 19) banning short term and vacation rentals in the City of San Bernardino; or 4. Take no action on the matter. The Public Hearing was previously opened on February 18, 2026, at 5:59 p.m. Director of Community Development and Housing, Gabriel Elliott, presented to the Mayor and City Council. There were nine public comments. Jose Gomez expressed concerns about Airbnb properties in a fire-rated area, citing safety, traffic, and fire hazards. Mike Hartley opposed Airbnb properties, calling for a ban on short-term rentals. Alicia Navarro, a resident of East Little Mountain, expressed safety concerns about short-term rentals, citing fire risk, blocked evacuation routes, emergency access issues, and disruptive party activity. Packet Page. 1138 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 6 Ron Alvarado stated the city should either implement strong enforcement-based regulations or consider a full ban if oversight cannot be ensured. Rosalind Bresnahan, an Edgerton Drive resident, raised concerns about short-term rentals blocking narrow roads and delaying access for fire and medical emergencies. Guadalupe Ortega spoke in support of short-term rentals, citing their economic benefits and local job support. Eric Meza spoke against a full ban on short-term rentals, stating that their ADU rental provides essential income to support their family. Arvin Santos opposed a ban on short-term rentals, citing economic benefits and existing platform safety measures. Diane Adlawan, a short-term rental host, spoke in support of short term rentals, citing financial benefits and urging targeted enforcement of bad actors instead of a full ban. Mayor Tran closed the Public Hearing at 6:32 p.m. Council members debated whether short-term rentals should be banned or regulated. Considered enforcement costs and the reliability of complaint data. Some supported a citywide ban to simplify enforcement and ensure consistent rules. While others favored regulation with registration, fees, and penalties to manage impacts and generate revenue. Staff noted that both approaches would still require enforcement resources; regulation would add administrative workload but also create funding through fees. Council Member Shorett made a motion to ban short-term and vacation rentals. RESULT: INTRODUCED ORDINANCE MC-1661 BANNING SHORT TERM RENTAL [4-3] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Figueroa, Shorett, Flores, Ortiz NOES: Sanchez, Ibarra, Knaus City Clerk Telicia Lopez read the title of Ordinance MC–1661 into the record. Packet Page. 1139 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 7 CITY MANAGER UPDATE City Manager Eric Levitt provided the City Manager Update. Highlights included University Parkway interchange work, a new EV truck charging facility, and upcoming city events. The city manager also highlighted improvements in code enforcement efficiency, noting inspections increased significantly in 2025 without adding staff due to better systems and enforcement strategies. The meeting recessed at 7:31 p.m. and reconvened at 7:38 p.m. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Damon Alexander asked the council to reverse the censure of Council Member Treasure Ortiz, arguing that it was punitive and that allegations against her should not be used without due process or a conviction. Mike Hartley thanked Code Enforcement Manager Kristie Rohleder for addressing neighborhood issues, but the city needs more code enforcement officers. Leon Madlock, a homeless advocate, praised the city’s efforts to reduce homelessness, support families, and expand mental health services. The following speaker spoke in support of Item No. 18, the Akoma Unity Center lease, asking the council to extend the center’s lease and highlighting the community programs, events, and partnerships supporting youth. There were three speakers who did not state their names before addressing the Mayor and City Council. Tanya Smith spoke on the city’s poor communication and unlawful homelessness enforcement practices, and asked officials to follow housing-first grant requirements and consider their proposed housing solution. Alberto Hernandez opposed Flock cameras and ICE presence, criticized city priorities and housing costs, and asked the council to address community concerns and provide clearer responses to public petitions. Dustin Christensen, owner of Sundowners Family Restaurant, expressed concerns about crime and homelessness and asked the city to improve lighting, enforcement, and funding for police while addressing street safety issues. Miriam Nieto urged the city to cancel the Flock camera contract over privacy and data concerns and instead invest the funds in code enforcement, street lighting, and community programs like the Akoma Unity Center. Packet Page. 1140 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 8 Rosario Quiroz opposed the Flock surveillance cameras, citing privacy concerns, and urged the Council to terminate its contract with Flock. Krystal Calara, a California State University, San Bernardino (CSUSB) social work student, asked the Mayor and City Council for support for their homelessness outreach project, which aimed to provide hygiene bags and community resource information to unhoused individuals. Maby Acosta urged the Council to cancel its contract with Flock and instead invest in community needs such as parks, street lighting, street repairs, and reducing warehouse pollution. Lydia Savala raised concerns about incomplete animal services records and alleged misuse of funds, calling for greater transparency and an audit. Maria Del Carmen Gonzales opposed renewing surveillance camera contracts, citing privacy concerns, and called for more investment in the community. Alberto Leon Vasquez opposed the use of Flock cameras, arguing that city funds should have been allocated to street repairs and expressing concerns about the impact on undocumented communities and the economy. Ana Solorzano opposed renewing the Flock camera contract and urged the city to invest in community improvements rather than in surveillance and ICE-related funding. Rick Avila, mayoral candidate, outlined a plan for city economic development through targeted redevelopment zones, housing and downtown revitalization, proposed SBX bus and traffic improvements, and addressed homelessness. Tony Chandra, a CSUSB social work student group, spoke on the partnership with nonprofits to support unhoused residents, announced a mobile shower and hygiene event, summarized key needs such as food and transportation, and requested community support. Conor Bush, a CSUSB social work student, introduced their group’s homelessness- focused community project and acknowledged city efforts and collaboration with local housing officials. Jeremiah Maddox, a CSUSB social work student, discussed hidden homelessness in San Bernardino, including people living in vehicles, and urged the Council to consider a safe parking pilot program with supportive services. Jasmine Robles, a CSUSB social work student, addressed food insecurity in South San Bernardino and requested support for a community food distribution event. Alondra Nodal, a CSUSB student, discussed homelessness in San Bernardino, emphasizing barriers to accessing services, including transportation, documentation, language access, and trust in systems. Packet Page. 1141 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 9 Maelena Enriquez, president of the San Bernardino Young Democrats, criticized a council candidate, and citing past allegations and media reports. Keith Benitez defended a 14-year-old’s public comments as protected free speech and opposed threats of legal action, urging protection of the right to speak without intimidation. Georgia L spoke about animal services issues, including concerns about transparency and kennel capacity. At 9:17 p.m., the Mayor and City Council made a motion to continue the meeting past 10:00 p.m., in accordance with Resolution No. 2024-029. RESULT: TO CONTINUE THE MEETING PAST 10:00 P.M, IN ACCORDANCE WITH RESOLUTION NO. 2024-029 [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Kim Knaus, Mayor-Pro Tem, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None John Shollenberger spoke on prior censure proceedings involving a Council Member Ortiz and called for an independent investigation and greater accountability. Al Palazzo discussed a proposed downtown mall and economic development plan intended to generate jobs and long-term city revenue through retail, and dining. City Clerk Telicia Lopez advised that written comments were also received and would be available on the City’s website for public review. 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 ITEM NO.13 WAS PULLED FOR COMMENTS [7-0] MOVER: Kim Knaus, Mayor-Pro Tem, Ward 5 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None Packet Page. 1142 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 10 6. Approval of Various Mayor and City Council Meeting Minutes 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. September 21, 2022 Regular Meeting Draft Minutes 2. March 18, 2026 Regular Meeting Draft Minutes RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Kim Knaus, Mayor-Pro Tem, Ward 5 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 7. Adopt Resolution Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-037, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements. RESULT: INTRODUCED ORNIANCE MC-1663 [7-0] MOVER: Kim Knaus, Mayor-Pro Tem, Ward 5 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 8. Declaration of Support and Collaboration with GRID Alternatives Inland Empire to Promote Community Participation in the Disadvantaged Community for no Cost Single-family Affordable Solar Homes Program (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino take the following action: 1. Adopt Resolution No. 2026-038 establishing a partnership with GRID Alternatives Inland Empire, a solar nonprofit organization that assists income qualified homeowners with no cost solar installations through the Energy for All program and provides no cost Workforce Training Programs that help build skills that open doors to high quality careers in the solar industry; and 2. Authorize the City Manager and his designee to take any further actions regarding the implementation of this resolution and/or program. Packet Page. 1143 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 11 RESULT: ADOPTED RESOLUTION NO. 2026-038 [7-0] MOVER: Kim Knaus, Mayor-Pro Tem, Ward 5 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 9. Updating Assessment Engineer's Reports for Previously Formed Landscape and Lighting Maintenance Districts (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2026-039 initiating the proceedings to levy and collect assessments for FY 2026/27 in Assessment Districts pursuant to the Constitution and the City Charter, appointing the Engineer of Record, and ordering preparation of Engineer's Report. RESULT: ADOPTED RESOLUTION NO. 2026-039 [7-0] MOVER: Kim Knaus, Mayor-Pro Tem, Ward 5 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 10. Investment Portfolio Report for January 2026 (All Wards) 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 January 2026. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Kim Knaus, Mayor-Pro Tem, Ward 5 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None Packet Page. 1144 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 12 11. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for January 2026 (All Wards) 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 January 2026 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Kim Knaus, Mayor-Pro Tem, Ward 5 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 12. Authorization to Execute a Service Agreement with CivicPlus, LLC for DocAccess Accessibility Solution for two years of service through June 30, 2028, in an amount not to exceed $83,981, with a provision for annual renewals (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 Service Agreement with CivicPlus LLC for the DocAccess subscription service in an amount not to exceed $83,981 for the initial term through June 30, 2028; and 2. Authorize the Director of Finance and Management Services or Designee to issue the necessary purchase orders and process payments in accordance with the terms of the agreement; and 3. Authorize continued annual renewal of the service agreement, after the initial two-year term, in accordance with the agreement’s Automatic Renewal Procedure, subject to annual budget appropriations, provided that any annual price increase does not exceed the contractual 5% annual uplift. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Kim Knaus, Mayor-Pro Tem, Ward 5 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None Packet Page. 1145 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 13 13. Award Design Services Agreement in the Amount of $269,242.50 for E Street Median Safety Improvements (HSIP Cycle 12 – 5033(060)) to Willdan Engineering (Wards 1 & 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino authorize the City Manager, or designee, to execute a Design Services Agreement with Willdan Engineering for the E Street Median Safety Improvements Project (Fairway Drive to 10th Street), HSIP Cycle 12 – Federal Project No. 5033(060), for Preliminary Engineering (PS&E) services in the amount of $269,242.50. Council Member Flores pulled the item to thank staff for their work. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER: Mario Flores, Council Member, Ward 6 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 14. Award Design Services Agreement to Bureau Veritas Technical Assessments LLC for Development of the Citywide ADA Self-Evaluation and ADA Transition Plan and Preparation of ADA / Section 504 Compliance Documentation, CIP No. SS24-010, in the Amount of $896,053.75 and Contingency of $103,946.25 for a Total Amount of $1,000,000 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California; 1. Approve the award of a Design Services Agreement with Bureau Veritas Technical Assessments LLC in the amount of $896,053.75 for the Citywide ADA & Section 504 Compliance Program Development and Implementation Project (CIP No. SS24-010); and 2. Authorize a contingency amount of $103,946.25, bringing the total authorized amount for the agreement to $1,000,000; and 3. Authorize the City Manager or designee to execute all documents associated with the agreement with Bureau Veritas Technical Assessments LLC; 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: Kim Knaus, Mayor-Pro Tem, Ward 5 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None Packet Page. 1146 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 14 15. Establish a No parking except by Permit at any time zone on the west side of G Street for approximately 200 feet south of 8th Street, and on the East side of G Street for approximately 120 feet south of 8th Street (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2026-040, amending Resolution No. 3985 entitled, in Part, ”A Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion Thereof…” to establish a no parking except by Permit at any time zone on the west side of G Street for approximately 200 feet south of 8th Street, and on the East side of G Street for approximately 120 feet south of 8th Street. RESULT: ADOPTED RESOLUTION NO. 2026-040 [7-0] MOVER: Kim Knaus, Mayor-Pro Tem, Ward 5 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None 16. Resolution Approving Cooperative Agreement No. 25-1003341 with the San Bernardino County Transportation Authority for the Palm Avenue / I-215 Interchange Improvements Project (PID, PA/ED, and PS&E Phases) and the Appropriation of $2,427,600 in Funding for the Project (Ward 5 and 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-041: 1. Approving Cooperative Agreement No. 25-1003341 between the City of San Bernardino and the San Bernardino County Transportation Authority (SBCTA) for the Palm Avenue / I-215 Interchange Improvements Project (PID, PA/ED, and PS&E Phases); and 2. Authorizing the Director of Finance and Management Services to approve the appropriation of Measure I Funds in the amount of $678,100 for FY 26/27 and two appropriations of Regional Circulation funds in the amount of $874,750 for FY 27/28 and $874,750 for FY 28/29; and 3. Authorizing the City Manager or designee to execute the Cooperative Agreement and any necessary administrative documents to implement the project in accordance with the terms of the agreement. RESULT: ADOPTED RESOLUTION NO. 2026-041 [7-0] MOVER: Kim Knaus, Mayor-Pro Tem, Ward 5 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None Packet Page. 1147 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 15 DISCUSSION 17. Introduction of Ordinance Amending Chapter 10.16.120 of the San Bernardino Municipal Code (All Wards) Recommendation: Introduce, read by title only, and waive further reading, of an ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Section 10.16.120 of the San Bernardino Municipal Code by adding subsection 10.16.120(B)(1) to prohibit the parking or standing of detached commercial trailers in non-residential districts and to authorize the immediate issuance of citations for violations. There was a consensus among the City Council to waive the presentation. Council Member Ortiz asked how residents can report detached commercial containers or trucks parked in neighborhoods or commercial areas. Lieutenant Plummer encouraged residents to call the non-emergency dispatch number, or use the city’s CRM system, and the department typically responds within 24 hours. RESULT: INTRODUCED ORNIANCE MC-1663 [7-0] MOVER: Theodore Sanchez, Council Member, Ward 1 SECONDER: Treasure Ortiz, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None City Clerk Lopez read the title of Ordinance No. MC-1663 into the record. 18. Authorization to Proceed with Lease Renewal Negotiations with Akoma Unity Center, Inc. of the Anne Shirrell’s Community Center for 1367 North California Street (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to proceed with the lease renewal negotiations with the Akoma Unity Center (AUC), Inc., for the property located at 1367 North California Street. Mayor Pro Tem Knaus and Council Member Ortiz announced that they would recuse themselves. Mayor Pro Tem Knaus stated that her organization currently had a memorandum of understanding (MOU) with the center. Council Member Ortiz stated that she had previously been employed by the center. Council Member Ibarra praised the Akoma Unity Center for mentoring youth and giving back to the community, recalling past volunteer work with Habitat for Humanity. Packet Page. 1148 Regular Meeting Draft Minutes April 15, 2026 Mayor and City Council of the City of San Bernardino Page 16 RESULT: APPROVED STAFF’S RECOMMENDATION [5-0] MOVER: Sandra Ibarra, Council Member, Ward 2 SECONDER: Mario Flores, Council Member, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Flores NOES: None RECUSE: Kim Knaus and Treasure Ortiz MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included praise for the Akoma Unity Center, growth in local libraries, the EV Rally charging project, and city events such as the 66ers opener, Cambodian New Year, and the National Orange Show. They also promoted neighborhood meetings, farmers' market EBT programs, and local businesses, recognized Dispatchers Appreciation Week, and discussed the Perris Hill Park fire investigation ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, April 15, 2026, at 10:11 p.m. Closed in honor of Lance Corporal Daniel Montano. 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 May 6, 2026, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Telicia Lopez, CMC City Clerk Packet Page. 1149 3 2 8 6 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Telicia Lopez, City Clerk City Clerk It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-057 approving a meeting disruption policy in accordance with Senate Bill 707 (SB 707). N/A Senate Bill 707 updates teleconferencing and accessibility requirements under the Brown Act, including new provisions related to remote participation and public access to meetings. By July 1, 2026, legislative bodies must adopt a policy to address a disruption of the meeting that would prevent public participation or access and provide a two-way telephonic or audiovisual platform for public participation. On October 3, 2025, SB 707 was signed, bringing significant updates to the Ralph M. Brown Act by modernizing rules for public meetings and expanding public access. The Ralph M. Brown Act establishes requirements for open meetings of local legislative bodies. SB 707 updates provisions related to remote participation options for the public and requires a policy that addresses potential disruptions to Mayor and City Council meetings. To achieve compliance staff will be reinstating Zoom participation for public comments and requesting adoption of a disruption policy. Packet Page. 1150 3 2 8 6 Discussion By July 1, 2026, all eligible legislative bodies must implement a two-way telephonic or audiovisual platform for public participation in meetings and adopt a policy addressing technology disruptions during Mayor and City Council meetings. The policy must address procedures for responding to disruptions of telephonic or internet service during a meeting and the efforts the legislative body will make to restore service. The statute further requires an eligible legislative body to provide that if a disruption occurs that prevents members of the public from observing or participating in a Mayor and City Council meeting through the two-way telephonic or audiovisual platform, the Mayor and City Council must recess the open session for at least one hour and make a good faith effort to restore service. During this time, the City Council may meet in closed session, as permitted by law. The Mayor and City Council may not reconvene open session until at least one hour has passed or service has been restored, whichever occurs first. If service has not been restored upon reconvening, the Mayor and City Council must make findings by roll call vote that good faith efforts were made to restore access and that the public interest in continuing the meeting outweighs the public interest in providing remote access. Alternatively, the meeting may be adjourned. The proposed policy incorporates these requirements and establishes procedures to ensure transparency and continuity of meetings in the event of a technology disruption during a Mayor and City Council meeting, while maintaining flexibility to respond based on specific circumstances. 2021-2025 Strategic Targets and Goals Adoption of Resolution No 2026-057 aligns with No. 1: Establish clear policy direction and predictable organization structures. Adopting this policy will support the return to Zoom Public comments with clear protocols for disruptions. Fiscal Impact There is no fiscal impact in adopting this resolution. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2026-057 approving a meeting disruption policy in accordance with Senate Bill 707 (SB 707). Packet Page. 1151 3 2 8 6 Attachments Attachment 1 - Resolution No. 2026-057 Establishing a Disruption Policy in Accordance with Senate Bill 707 Attachment 2 - Disruption Policy Ward: All Wards Synopsis of Previous Council Actions: N/A Packet Page. 1152 Resolution No. 2026-057 Resolution No. 2026-057 June 3, 2026 Page 1 of 3 RESOLUTION NO.2026-057 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING AN DISRUPTION the Ralph M. Brown Act (Government Code Section 54950 et seq.) establishes requirements for open and public meetings of legislative bodies; and Senate Bill 707 (SB 707) revises and expands public participation requirements under the Brown Act; and SB 707 requires enhanced public access to meetings, including two-way telephonic or audiovisual participation, beginning July 1, 2026; and SB 707 requires the adoption of a policy addressing disruptions to telephonic or internet service during public meetings as set forth by this Resolution; The above recitals are true and correct and are incorporated herein by this reference. The Mayor and City Council shall provide public access to meetings through two-way telephonic or audiovisual platforms, by July 1, 2026. Staff have established a policy to address telephonic or internet disruptions, including procedures for pausing and continuing meetings. The Mayor and City Council may remove disruptive remote participants in accordance with the law. Staff is authorized to take all necessary actions to implement this Resolution and ensure compliance with applicable law. 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. Packet Page. 1153 Resolution No. 2026-057 Resolution No. 2026-057 June 3, 2026 Page 2 of 3 SECTION 7. 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 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of June 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 1154 Resolution No. 2026-057 Resolution No. 2026-057 June 3, 2026 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-057, adopted at a regular meeting held on the 3rd day of June 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this __ day of June 2026. Telicia Lopez, CMC, City Clerk Packet Page. 1155 [1] RESOLUTION NO. Resolution No. 2026-XXX PAGE 1 of 4ADMINISTRATIVE POLICIES REVISION SUPERSEDES SUBJECT Disruption of Telephonic or Internet Service During Meetings APPROVED BY: City Council EFFECTIVE DATE 06-03-2026 SECTION I: PURPOSE OF POLICY Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from participating remotely. This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City Council of the City of San Bernardino, as required by the Brown Act (Government Code section 54953.4). The policy ensures transparency, public participation, and the continuation of meetings during technological disruptions. SECTION II: DEFINITIONS 1. Service Disruption means any failure, outage, or other interruption to the agency’s remote access services that prevents members of the public from participating in a City Council meeting through the remote access service. 2. Disrupting means engaging in behavior during a meeting of the City Council that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to one of the following: a. A failure to comply with reasonable and lawful regulations adopted by the City Council of the City of San Bernardino b. Engaging in behavior that constitutes use of force or a true threat of force. 3. Remote access services means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings. 4. Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. 5. Two-way telephonic service means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. 6. True threat of force means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. Packet Page. 1156 2 Section III: POLICY 1. Applicability of Policy This policy applies to all open and public meetings of the City Council at which remote public participation is required under the Brown Act. Consistent with the Brown Act, this policy shall not apply to the following meetings: a. Meetings held to attend a judicial or administrative proceeding to which the City of San Bernardino is a party. b. Meetings held to inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property. c. Meetings held to meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the City of San Bernardino and over which the federal or state officials have jurisdiction. d. Meetings held to meet in or nearby a facility owned by the City of San Bernardino, provided that the topic of the meeting is limited to items directly related to the facility. e. Meetings held in an emergency situation pursuant to Government Code section 54956.5. 2. Remote Public Access When remote public access is required under the Brown Act, the City Council shall provide members of the public with an opportunity to attend and participate in the meeting using a two- way audiovisual platform or a two-way telephonic service, provided that adequate telephonic or internet service is operational at the meeting location. If adequate telephonic or internet service is not operational at the meeting location, the City Council shall not be required to provide remote access. If adequate telephonic or internet service is operational for only a portion of the meeting, the City Council shall provide remote access during that portion of the meeting. If a two-way audiovisual platform is used, the City Council shall: Publicly post and provide a call-in option as well; and Activate any automatic captioning function that is available in the audiovisual platform. If a two-way audiovisual platform is not provided, the City Council shall provide a two-way telephonic service. Members of the public participating remotely shall be provided the same opportunity to provide public comment as members of the public attending in person, including the same time allotment. Packet Page. 1157 3 3. Response to Service Disruption If the Mayor or City Clerk becomes aware of a service disruption: a. The Mayor or City Clerk shall immediately announce the service disruption to the public. b. The Mayor shall call for a recess of the open session and may convene the legislative body in an authorized closed session, consistent with the Brown Act. The recess shall last for one hour or until service is restored, whichever is earlier. c. During the recess, City of San Bernardino staff shall make a good faith effort to diagnose and restore the disrupted service. 4. Reconvening the Open Session After the expiration of the hour, if service has not been restored prior, the Mayor or City Clerk shall report on the status of staff’s efforts to restore remote access services, and the City Council may reconvene to: a. Adjourn the meeting; b. Extend the recess to allow staff more time to make a good faith effort to restore remote access services; or c. Continue the open session portion of the meeting by adopting, by roll call vote, the following or a substantially similar finding: “The City of San Bernardino has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.” Upon adoption of the finding, the City Council may continue the open session portion of the meeting despite the fact that remote access services have not been restored. 5. Recordkeeping The City Clerk shall enter a brief statement into the meeting minutes, including: a. The nature and time of the service disruption; b. The time the meeting was reconvened (if applicable); c. Any finding adopted pursuant to Section 7. Packet Page. 1158 4 6. Response to Members of the Public Disrupting a Meeting If the Mayor or City Clerk becomes aware of a member of the public who is attending the meeting through remote access services and is disrupting the meeting or otherwise preventing other members of the public from attending or observing the meeting remotely or in-person: a. The Mayor or City Clerk shall warn the person who is participating through remote access services that he or she is disrupting the meeting and failure to cease that behavior may result in their removal. If the person to whom the Mayor gave the above warning persists in disrupting the meeting, the Mayor shall order staff to: i. Mute or otherwise limit the individual’s ability to disrupt the meeting, while allowing the individual to continue to observe and attend the meeting; or ii. Remove the individual from the meeting if paragraph (a) does not address the disrupting behavior or is not available using the remote access service. 7. Review and Updates This policy may be amended by the City Council at a noticed public meeting in open session and may not be placed on the consent calendar. Packet Page. 1159 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Eric Levitt, City Manager Economic Development It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-058: 1. Approve the purchase of the Smart Technology Building located at 793 N. “E” Street, San Bernardino, California, for a purchase price not to exceed $3,667,740.13, funded by the City’s General Fund; and 2. Authorizing the Director of Finance and Management Services, or designee, to amend the FY 2025/26 Operating Budget in the amount of $3,667,740.13 from the General Fund – Fund Balance to support the acquisition of the Smart Technology Building; and 3. Authorize the City Manager, or designee, to execute a Purchase and Sale Agreement and all related escrow and closing documents, in a form approved by the City Attorney, necessary to complete the acquisition; and 4. Authorize staff to proceed with all required due diligence activities, including but not limited to title review, ALTA/NSPS survey, environmental assessments, engineering and structural evaluations, code and ADA compliance review, and mechanical, electrical, plumbing, and fire/life safety assessments, and to take all actions reasonably necessary to complete the purchase in accordance with Council direction. Packet Page. 1160 City Manager's Comments The City Manager recommends approval. This multiple benefits to the City and Police Department including being the facility to house the Regional Fusion Center. The purchase of $3,667,740 would be paid from the General Fund - fund balance. The proposed purchase of the Smart Technology Building from the San Bernardino City Unified School District is intended for use by the San Bernardino Police Department. Located at 793 N. “E” St., the facility will house the Department’s Regional Fusion Center and PEACE Teams, and will support personnel and training functions. During Closed Session on April 2, 2025, the City Council approved the acquisition in concept utilizing the City's General Fund and authorized staff to proceed with negotiating and preparing the Purchase and Sale Agreement. The Smart Technology Building, located at 793 N. “E” Street and owned by the San Bernardino City Unified School District (SBCUSD), has been the subject of intermittent discussions regarding potential City acquisition for several years. These discussions occurred between staff and, at times, individual Councilmembers; however, the matter was not previously presented to the City Council as a body for authorization to evaluate the property, conduct due diligence, or negotiate acquisition terms. The concept for the transaction evolved over time. Initial discussions contemplated a possible donation of the building to the City. Subsequently, the proposal shifted toward a negotiated acquisition that included consideration of offsetting the purchase price through the waiver of development impact fees (DIFs) associated with a separate School District development project downtown, as those fees increased. Upon review, the City Attorney’s Office raised concerns regarding the proposed DIF offset structure, noting that waiving DIFs could create a General Fund obligation unless the City could demonstrate a clear nexus between the acquisition and mitigation of impacts for which the fees are collected. Legal counsel further advised that establishing such a nexus would be difficult. Additionally, the City does not concur with the School District’s position that it may bypass local zoning or fee requirements. Based on these considerations, staff advanced the matter to the City Council for formal direction. On April 2, 2025, during Closed Session, the City Council approved the acquisition of the Smart Technology Building utilizing the City’s General Fund, expressly in lieu of permit or development impact fee waivers, and authorized staff to proceed with negotiations and preparation of a Purchase and Sale Agreement. The proposed acquisition of the Smart Technology Building at 793 N. “E” Street supports the City’s public safety and operational needs by providing an existing facility suitable for Police Department use with minimal anticipated modification. The property offers a cost- effective alternative to new construction or long-term leasing and includes on-site parking that will alleviate current departmental constraints. Packet Page. 1161 2021-2025 Strategic Targets and Goals Fiscal Impact Conclusion Packet Page. 1162 1. Approve the purchase of the Smart Technology Building located at 793 N. “E” Street, San Bernardino, California, for a purchase price not to exceed $3,667,740.13, funded by the City’s General Fund; and 2. Authorizing the Director of Finance and Management Services, or designee, to amend the FY 2025/26 Operating Budget in the amount of $3,667,740.13 from the General Fund – Fund Balance to support the acquisition of the Smart Technology Building; and 3. Authorize the City Manager, or designee, to execute a Purchase and Sale Agreement and all related escrow and closing documents, in a form approved by the City Attorney, necessary to complete the acquisition; and 4. Authorize staff to proceed with all required due diligence activities, including but not limited to title review, ALTA/NSPS survey, environmental assessments, engineering and structural evaluations, code and ADA compliance review, and mechanical, electrical, plumbing, and fire/life safety assessments, and to take all actions reasonably necessary to complete the purchase in accordance with Council direction. Attachments Attachment 1 Resolution No. 2026-058 Attachment 2 Purchase Agreement Attachment 3 Exhibit A – Legal Descriptions of Properties Attachment 4 Exhibit B – Vicinity Maps and Zoning Descriptions Attachment 5 PowerPoint Presentation Ward: First Ward Synopsis of Previous Council Actions: April 2, 2025 During closed session, the City Council approved the acquisition of the Smart Technology Building using the City’s General Fund, in lieu of permit or development impact fee waivers, and authorized staff to proceed with negotiations and preparation of a Purchase and Sale Agreement. CC: Eric Levitt, City Manager Packet Page. 1163 Resolution No. 2026-058 Resolution No. 2026-058 June 3, 2026 Page 1 of 4 RESOLUTION NO. 2026-058 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE PURCHASE OF THE SMART TECHNOLOGY BUILDING LOCATED AT 793 N. “E” STREET, SAN BERNARDINO, CALIFORNIA; AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES, OR DESIGNEE, TO AMEND THE FY 2025/26 OPERATING BUDGET IN THE AMOUNT OF $3,667,740.13 FROM THE GENERAL FUND – FUND BALANCE TO SUPPORT THE ACQUISITION; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A PURCHASE AND SALE AGREEMENT AND ALL RELATED ESCROW AND CLOSING DOCUMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY, NECESSARY TO COMPLETE THE ACQUISITION; AND AUTHORIZING STAFF TO PROCEED WITH ALL REQUIRED DUE DILIGENCE ACTIVITIES, INCLUDING BUT NOT LIMITED TO TITLE REVIEW, ALTA/NSPS SURVEY, ENVIRONMENTAL ASSESSMENTS, ENGINEERING AND STRUCTURAL EVALUATIONS, CODE AND ADA COMPLIANCE REVIEW, AND MECHANICAL, ELECTRICAL, PLUMBING, AND FIRE/LIFE SAFETY ASSESSMENTS, AND TO TAKE ALL ACTIONS REASONABLY NECESSARY TO COMPLETE THE PURCHASE IN ACCORDANCE WITH COUNCIL DIRECTION. WHEREAS, the San Bernardino City Unified School District owns the property commonly known as the Smart Technology Building, located at 793 N. “E” Street, San Bernardino, California, Assessor’s Parcel Number (APN) 0140-281-41-0000 (the “Property”); and WHEREAS, the City of San Bernardino (the “City”) has identified the Property as suitable for municipal use, including potential public safety operations; and WHEREAS, the acquisition of the Property will support the City’s operational needs and promote the efficient use of public facilities; and WHEREAS, on April 2, 2025, during Closed Session, the Mayor and City Council authorized staff to proceed with negotiations for the acquisition of the Property utilizing the City’s General Fund, in lieu of permit or development impact fee waivers; and Packet Page. 1164 Resolution No. 2026-058 Resolution No. 2026-058 June 3, 2026 Page 2 of 4 WHEREAS, the proposed purchase price for the Property is Three Million Six Hundred Sixty-Seven Thousand Seven Hundred Forty Dollars and Thirteen Cents ($3,667,740.13), subject to customary escrow adjustments and prorations; and WHEREAS, the acquisition will be subject to completion of due diligence activities, including but not limited to title review, environmental assessments, survey review, engineering and structural analysis, and evaluation of building systems; and WHEREAS, the City desires to authorize the City Manager, or designee, to execute the necessary agreements and documents required to complete the acquisition of the Property in a form approved by the City Attorney. 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 approve the purchase of the Smart Technology Building located at 793 N. “E” Street, San Bernardino, California, more particularly described in Exhibit A (Legal Description) attached hereto and incorporated herein by reference, for a purchase price not to exceed $3,667,740.13, funded by the City’s General Fund. SECTION 3. The Director of Finance and Management Services, or designee, is hereby authorized to amend the Fiscal Year 2025/26 Operating Budget in the amount of $3,667,740.13 from the General Fund – Fund Balance to support the acquisition of the Property. SECTION 4. The City Manager, or designee, is hereby authorized to execute a Purchase and Sale Agreement, escrow instructions, and all related documents necessary to complete the acquisition of the Property, in a form approved by the City Attorney. SECTION 5. The City Manager, or designee, is authorized to deposit up to One Hundred Thousand Dollars ($100,000) into escrow as an earnest money deposit in accordance with the terms of the Purchase and Sale Agreement. SECTION 6. The City Manager, or designee, is further authorized to complete all necessary due diligence activities, including but not limited to title review, ALTA/NSPS survey, environmental assessments, engineering and structural analyses, and evaluation of building systems and code compliance. SECTION 7. Escrow for the transaction shall be administered by Commonwealth Land Title Insurance Company, or another escrow holder as approved by the City Manager, and the City Manager or designee is authorized to execute escrow instructions and related closing documents. Packet Page. 1165 Resolution No. 2026-058 Resolution No. 2026-058 June 3, 2026 Page 3 of 4 SECTION 8. The City Manager, or designee, is authorized to take all additional actions reasonably necessary to carry out the intent of this Resolution and complete the acquisition of the Property. SECTION 9. 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 10. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of June 2026. __________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Telecia Lopez, CMC, City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney Packet Page. 1166 Resolution No. 2026-058 Resolution No. 2026-058 June 3, 2026 Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Telicia Lopez, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-058, adopted at a regular meeting held at the 20th day of May, 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ ______ ______ _______ IBARRA _____ ______ _______ _______ FIGUEROA _____ ______ _______ _______ SHORETT _____ ______ _______ _______ KNAUS _____ ______ _______ _______ FLORES _____ ______ _______ _______ ORTIZ ______ ______ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this __ day of June 2026. ______________________________ Telicia Lopez, CMC, City Clerk Packet Page. 1167 55600.00206\44237576.3 1 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This Purchase and Sale Agreement and Joint Escrow Instructions (this “Agreement”) is made as of , 2026 (the “Effective Date”), between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, a public school district validly existing under the Constitution and Laws of the State of California (“Seller”), and the CITY OF SAN BERNARDINO, a charter city and municipal corporation (“Buyer”). ARTICLE 1. AGREEMENT OF SALE. Subject to and on the terms and conditions of this Agreement, Seller shall sell to Buyer and Buyer shall purchase from Seller all of the following: 1.1 Land. The real property which is more particularly described in Exhibit A, together with (a) all privileges, rights, easements and appurtenances belonging to the real property, including without limitation all minerals, oil, gas and other hydrocarbon substances on and under the real property, (b) all development rights, air rights, water, water rights and water stock relating to the real property, and (c) all right, title and interest of Seller in and to any streets, alleys, passages, other easements and other rights-of-way or appurtenances included in, adjacent to or used in connection with such real property, before or after the vacation thereof (collectively, the “Land”); 1.2 Improvements. Any and all structures, systems, facilities, fixtures, fences and parking areas located on the Land and other improvements located upon the Land, including, but not limited to, the building and parking lot improvements and property known as the “Smart Technology Building” located at 793 N “E” Street, San Bernardino, California (collectively, the “Improvements”). The Land and the Improvements are sometimes collectively referred to in this Agreement as the “Property.” 1.3 Personal Property. All of Seller’s right, title and interest in and to any personal property described in the Personal Property Inventory attached hereto in Schedule 1 to Exhibit C (collectively, the “Personal Property”). 1.4 Other Assets. To the extent owned by Seller, all tangible and intangible assets of any nature relating to the Property or the Personal Property, including without limitation (a) all warranties upon the Improvements or Personal Property, to the full extent such warranties are assignable, (b) copies of all plans, specifications, engineering drawings and prints relating to the construction of the Improvements in Seller’s possession. Packet Page. 1168 55600.00206\44237576.3 2 ARTICLE 2. PURCHASE PRICE. 2.1 Background. The amount of Three Million Six Hundred Sixty Eight Thousand Seven Hundred and Forty Dollars and Thirteen Cents ($3,667,740.13) shall be paid to Seller on the Closing Date, subject to any credits or apportionments as provided for under this Agreement, simultaneously with delivery of the Grant Deed, by certified or official bank checks or by one or more wire transfers of immediately available federal funds to an account, or accounts, designated in writing by Seller (the “Purchase Price”). The Purchase Price paid by Buyer to Seller is all- inclusive of Seller’s interest in the Property, any rights or obligations which exist or may arise out of the acquisition of the Property, the Personal Property, and all interests set forth in Article 1. 2.2 Deposit/Purchase Price. Within 10 business days after the Effective Date, Buyer shall deposit $ 100,000 into Escrow (as defined below) into an interest-bearing account on behalf of Buyer (the “Deposit”). The Escrow shall be deemed opened when the Parties have given Escrow Holder an executed copy of this Agreement. The deposit shall be refundable to Buyer in the event the Buyer Conditions set forth in Section 4.1 are not satisfied or waived by the dat es provided for in this Agreement. If the Closing of the transaction contemplated by this transaction occurs, the Deposit shall be disbursed to Seller and applied to the Purchase Price at Closing. The failure of Buyer to make the Deposit within the time frame specified in this Section shall be a material breach of this Agreement and Seller may terminate the Agreement. Buyer shall pay the Purchase Price to Seller through escrow at the Closing described in Section 9.1. On or before the Closing Date (as defined below), Buyer shall deposit into Escrow the Purchase Price, subject to adjustment by reason of any applicable prorations and the allocation of closing costs described below. The Deposit and Purchase Price shall be made by wire transfer of federal funds, cashier’s check or in another immediately available form. Notwithstanding anything herein to the contrary, One Hundred Dollars ($100.00) of the Initial Deposit (the “Independent Consideration”) shall not be refundable to Buyer, but shall represent consideration for this Agreement and shall be paid to Seller within 3 days of the Effective Date. The Independent Consideration shall serve as consideration for the granting of the time periods herein contained for Buyer to exercise Buyer’s right to satisfy and approve all of Buyer’s conditions herein contained. ARTICLE 3. DUE DILIGENCE. 3.1 Due Diligence Period; Inspection and Access. 3.1.1 Due Diligence Period. The “Due Diligence Period” means the period beginning the later of (a) the Effective Date or (b) the date on which Buyer has received all of the Preliminary Documents (defined in Section 3.3) from Seller and ending at 5:00 p.m. PST on the date that is 90 days later. 3.1.2 Access to Information and the Property. Buyer shall conduct its investigation of the Property during the Due Diligence Period at no cost to Seller. This investigation (“Due Diligence Investigation”) may include, at Buyer’s option: a physical inspection of the Land and all Improvements thereon, including soil, geological and other tests, engineering evaluations of the mechanical, electrical, HVAC and other systems in the Improvements and review of the Plans; review of all governmental matters affecting the Property, including zoning, environmental and building permit and occupancy matters; review and Packet Page. 1169 55600.00206\44237576.3 3 verification of all financial and other information previously provided by Seller relating to the operation of the Property; review of the condition of title to the Property, including the building, structural system and roof inspection; and review of such other matters pertaining to an investment in the Property as Buyer deems advisable. In addition to the Preliminary Documents delivered to Buyer pursuant to Section 3.3, Buyer and its representatives shall have the right to request and schedule (e-mail shall be an acceptable means for purposes of coordinating) access during reasonable business hours to all files, books and records maintained by Seller or its agents, wherever located, relating to the Property, including the right to copy the same, except with respect to any files, books and records exempt from disclosure under the California Public Records Act. Buyer and its representatives shall also have the right of access to the Property during reasonable business hours to conduct its investigation of the physical condition of the Property. Seller agrees that the rights granted to Buyer herein and the results of its Due Diligence Investigation shall not relieve Seller of any obligations Seller may have under any other provisions of this Agreement, or under other documents entered into concurrently herewith, or implied by law, nor shall they constitute a waiver by Buyer of the right to enforce any of the same. Seller shall cooperate with Buyer in its due diligence activities. 3.2 Indemnification and Hold Harmless. Buyer shall indemnify and hold Seller harmless from all damage, liability, cost, expense, liens, personal injury, property damage, loss or other claim that may arise from or in connection with entry onto the Property by Buyer, its agents, consultants, engineers and other professionals retained by Buyer during the Due Diligence Period. Buyer shall notify Seller, in writing, at least three (3) business days before conducting any soils or other invasive testing. Buyer shall also notify Seller verbally if Buyer’s investigation and testing discovers any hazardous or toxic materials, archeological artifacts or endangered species and shall obtain Seller’s consent before including such findings in any written report or disclosing such information to any third party. Buyer shall, in a timely manner, repair any and all damage to the Property caused by Buyer, its agents, employees, consultants, engineers, and other professionals by Buyer, during such inspections or investigations. 3.3 Delivery of Preliminary Documents. Within 5 business days after the Effective Date, Seller shall deliver to Buyer, at Seller’s expense, all of the documents described in the remaining subsections of this Section 3.3 (collectively, the “Preliminary Documents”) in Seller’s possession or control. 3.3.1 Title Report and Survey. A preliminary title report or commitment for title insurance (the “Preliminary Title Report ”). Buyer, at Buyer’s sole cost, may obtain an as-built survey of the Property (the “Survey”) prepared by a certified land surveyor in accordance with the most recent American Land Title Association standards, certified by such surveyor to Buyer and the Title Company in a form acceptable to the Title Company for the purpose of deleting any survey exception from the Title Policy described in Section 4.1.3. 3.3.2 Plans. If available, copies of all as-built plans and specifications for the Improvements including, without limitation, the plans and specifications for and a complete description of all existing renovations and Improvements to the Property and all rentable space therein, and as-built drawings for all underground utilities (collectively, the “Plans”); Packet Page. 1170 55600.00206\44237576.3 4 3.3.3 Soils Report. Any soils report on the Land prepared at Seller’s request or in the possession or control of Seller, including (if available) a report on compliance with any soils work recommended to be done prior to construction of the Improvements; 3.3.4 Engineers’ Reports. Any structural, mechanical, environmental or geological reports concerning the Property which have been prepared at Seller’s request or which are within Seller’s possession or control; 3.3.5 Licenses, Etc. Copies of any licenses, permits or certificates required by governmental authorities in connection with construction or occupancy of the Improvements, including, without limitation, building permits, certificates of completion, certificates of occupancy and environmental permits and licenses; 3.3.6 Inspection Reports. Copies of all written reports received by Seller within three (3) years prior to the Effective Date from Seller’s insurance companies, any governmental agency or any other person or entity, which requires or demands correction of any condition, or requests modification in or termination of any uses of the Property, accompanied by Seller’s summary of (a) any oral reports from such insurance companies or governmental agencies, and (b) the present status of any matter noted in any oral or written report; 3.3.7 Agreements. Copies of written easements, covenants, restrictions, agreements, contracts and other documents, whether existing or, to the knowledge of Seller, proposed as of the Effective Date, including without limitation any agreements relating to the insurance, service, operation, repair, supply, advertising, promotion, sale, leasing or management of the Property, which (a) affect the Property and (b) are not disclosed by the Preliminary Title Report; 3.3.8 Warranties/Roof Inspections/HVAC Inspections. Copies of any and all guarantees or warranties and other rights given to Seller in connection with the construction, maintenance, repair or remodeling of the Improvements, periodic inspections, or the purchase of any of the Personal Property; 3.3.9 Insurance Policies. Copies of certificates evidencing the insurance carried by Seller of the Property; 3.3.10 Other Documents. All data, correspondence, documents, agreements, waivers, notices, applications and other records with respect to the Property relating to transactions with taxing authorities, governmental agencies, utilities, vendors and others with whom Buyer may be dealing from and after the Closing Date; and 3.3.11 Requested Information. Such other documents and information concerning the Property as Buyer may reasonably request. 3.4 Approval/Disapproval of Due Diligence Investigations. Buyer shall approve or disapprove the results of Buyer’s Due Diligence Investigation, in the exercise of Buyer’s sole discretion, by written notice delivered to Seller no later than the expiration of the Due Diligence Period. Buyer’s disapproval shall terminate this Agreement unless, at the time Buyer gives notice of its disapproval, Buyer also notifies Seller of Buyer’s desire to enter into negotiations with Seller Packet Page. 1171 55600.00206\44237576.3 5 for the purpose of reaching an accommodation concerning the disapproval. If Buyer so notifies Seller and the parties have not reached a written agreement satisfactory to both of them regarding the disapproval within 10 days after the date of the disapprov al notice, Buyer, at its option, may either (a) elect to terminate this Agreement by so notifying Seller and recover the Deposit, or (b) elect to proceed with the transactions contemplated by this Agreement notwithstanding its earlier disapproval in which case the condition precedent to Buyer’s obligations set forth Section 4.1.1 shall be deemed waived. If Buyer fails to deliver to Seller notice of its approval or disapproval of the results of its Due Diligence Investigation, Buyer shall be deemed to have approved such results. If Buyer elects to terminate the Agreement, Buyer shall return to Seller all of the Preliminary Documents previously delivered by Seller to Buyer within 5 business days of such termination. 3.5 Title Review. 3.5.1 Monetary Liens. At its expense, Seller shall remove all liens on the Property at or prior to the Closing (collectively, “Monetary Liens”): (i) all delinquent taxes, bonds and assessments and interest and penalties thereon (it being agreed that Seller shall not be required to remove any non-delinquent taxes and assessments imposed by any governmental agency that are paid with the property taxes for the Property), if any; and (ii) all other monetary liens, including without limitation all those shown on the Preliminary Title Report (including judgment and mechanics’ liens, whether or not liquidated, and mortgages and deeds of trust, with Seller being fully responsible for any fees or penalties incurred in connection therewith). 3.5.2 Approval/Disapproval of Title Review. Buyer shall approve or disapprove of the Preliminary Title Report, the Survey and any exceptions to title shown thereon (other than the Monetary Liens) in the exercise of Buyer’s sole discretion, by the expiration of the Due Diligence Period. If Buyer disapproves, Buyer may either (a) terminate this Agreement by giving Seller written notice of termination or (b) give Seller a written notice (“Disapproval Notice”) identifying the disapproved title matters (“Disapproved Title Matters”). With respect to any Disapproved Title Matters, other than the Monetary Liens, Seller shall notify Buyer in writing within 5 days after Seller’s receipt of the Disapproval Notice whether Seller will cause the Disapproved Title Matters to be removed or cured at or prior to Closing. If Seller elects not to remove or cure all Disapproved Title Matters, Buyer may, at its option: (i) subject to satisfaction of the other conditions to Closing, close the purchase of the Property and take title subject to the Disapproved Title Matters which Seller elects not to remove or cure; or (ii) terminate this Agreement in accordance with Section 9.6.1 within 5 days. In the event Buyer elects to close the purchase of the Property and take title subject to the Disapproved Title Matters, the condition precedent to Buyer’s obligations set forth Section 4.1.2 shall be deemed waived. If any Disapproved Title Matters (including the Monetary Liens) have not been removed at least 5 days prior to Closing or provision for their removal at the Closing has not been made to Buyer’s satisfaction, Buyer may demand reimbursement of the costs of such cure or removal as a condition of Closing, but only to the extent such costs are expended to remove (A) Monetary Liens referred to in Section 3.5.1 or (B) Disapproved Title Matters which Seller agreed to remove. 3.5.3 Failure to Disapprove. If Buyer fails to notify Seller of its approval or disapproval of the Preliminary Title Report, the Survey or the exceptions shown thereon by the end of the Due Diligence Period, then Buyer shall be deemed to have approved the same. Packet Page. 1172 55600.00206\44237576.3 6 ARTICLE 4. CONDITIONS PRECEDENT. 4.1 Buyer’s Conditions. Buyer’s obligations under this Agreement are expressly subject to the timely fulfillment of the conditions set forth in this Section 4.1 on or before the Closing Date, or such earlier date as is set forth below. Each condition may be waived in whole or in part by Buyer by written notice to Seller. 4.1.1 Due Diligence. Buyer having approved of the results of its Due Diligence Investigation pursuant to Section 3.4. Subject to the provisions of Section 3.4, this condition shall be deemed waived at the end of the Due Diligence Period. 4.1.2 Title Review. Buyer having approved of the results of its review of title pursuant to Section 3.5. Subject to the provisions of Section 3.5, this condition shall be deemed waived at the end of the Due Diligence Period. 4.1.3 Title Policy. Title Company’s irrevocable commitment to issue an ALTA standard policy of title insurance, (“Buyer’s Title Policy”), insuring Buyer in the amount of the Purchase Price that title to the Real Property is vested of record in Buyer on the Closing Date, subject only to the printed conditions and exceptions of such policy, together with such endorsements to the policy as Buyer deems advisable in its reasonable discretion. Prior to the Closing, Seller shall execute and deliver to the Title Company an Owner’s Affidavit or other documents, in form and substance acceptable to the Title Company, as may be necessary to cause it to issue the title insurance policy and endorsements provided for above. 4.1.4 Performance of Covenants. Seller performing and complying in all material respects with all of the terms of this Agreement to be performed and complied with by Seller prior to or at the Closing. 4.1.5 Representations and Warranties. The representations and warranties of Seller set forth in Article 5 being true and accurate on the Closing Date, as if made on such date. 4.1.6 Non-Foreign Certification. Seller having executed and delivered to Buyer on or prior to the Closing Date a certification (the “Non-Foreign Certification”), substantially in the form of Exhibit B. 4.1.7 Council Approval. Buyer having obtained approval of this Agreement in writing from both the Mayor and City Council of the City of San Bernardino. 4.1.8 Compliance with Government Code Section 65402. In accordance with Government Code section 65402, the Planning Commission for the City of San Bernardino shall have provided its finding of compliance with the San Bernardino General Plan. 4.2 Seller’s Conditions. Seller’s obligations under this Agreement are expressly subject to the timely fulfillment of the conditions set forth in this Section 4.2 on or before the Closing Date, or such earlier date as is set forth below. Each condition may be waived in whole or part by Seller by written notice to Buyer. Packet Page. 1173 55600.00206\44237576.3 7 4.2.1 Covenants. Buyer performing and complying in all material respects with all of the terms of this Agreement to be performed and complied with by Buyer prior to or at the Closing. 4.2.2 Board of Education Approval. Seller’s Board of Education has approved this Agreement and authorized the Seller’s Superintendent or designee to execute and carry out the terms of the Agreement. 4.2.3 Surplus Land Act Exemption. The Department of Housing and Community Development has notified Seller in writing that the disposition of the Property pursuant to the terms of the Agreement qualifies as a disposition of “exempt surplus land” as defined in California Government Code section 54221(f), in accordance with the California Surplus Land Act (Cal. Gov. Code section 54220 et seq.). 4.2.4 Legal challenges. No legal challenge seeking to invalidate or halt the sale of the Property shall have been filed. 4.2.5 Representations and Warranties. The representations of Buyer set forth in Article 6 being true and accurate on the Closing Date, as if made on such date. 4.3 Further Assurances. Where satisfaction of any of the foregoing conditions requires action by Buyer or Seller, each Party shall use its diligent best efforts, in good faith, and at its own cost, to satisfy such condition. Where satisfaction of any of the foregoing conditions is within the discretion of a party, satisfaction of the condition shall be in such Party’s sole and absolute discretion. ARTICLE 5. SELLER’S REPRESENTATIONS AND WARRANTIES. Seller hereby makes the following representations and warranties to Buyer, each of which (i) is material and relied upon by Buyer in making its determination to enter into this Agreement, (ii) is to the actual knowledge of Seller true in all respects as of the Effective Date and shall be true in all respects on the Closing Date, and (iii) shall survive the Closing Date for a period of nine (9) months. “Actual knowledge” means the actual knowledge, without independent investigation or any duty to investigate, of Thomas Pace, Jennifer Dubon and Sean MacDowell: 5.1 Seller has full right, power, and authority to enter into this Agreement and to perform Seller’s obligations hereunder. This Agreement and all other documents delivered by Seller to Escrow Holder under Section 9.3 at, or prior to, the Closing Date, have been or will be duly executed and delivered by Seller and are legal, valid, and binding obligations of Seller, sufficient to convey to Buyer good and marketable title to the Property, are enforceable in accordance with their respective terms, and do not violate any provision of any agreement to which Seller is a Party. 5.2 To Seller’s actual knowledge, there are no pending or threatened, actions, suits, writs, injunctions, decrees, legal proceedings or governmental investigations against or affecting the Property or relating to the ownership, maintenance, use or operation of the Property. Packet Page. 1174 55600.00206\44237576.3 8 5.3 To Seller’s actual knowledge, and except as may otherwise be stated in the Preliminary Documents, Seller has not received any notices nor has any actual knowledge of any violation of any laws, ordinances, rules, regulations or requirements of any governmental agency, body or subdivision affecting or relating to the Buyer’s intended use of the Property for a police facility. 5.4 To Seller’s actual knowledge, there are no leases, rights of first refusal, or other agreements relating to the right of possession and/or occupancy of the Property by any person or entity that will survive the Closing, except for those matters of record approved or waived by Buyer pursuant to Section 3.4 above. 5.5 To Seller’s actual knowledge, Seller is not aware that the Property, or Seller, are in violation of any applicable Federal, State or local statute, ordinance, order, requirement, law, or regulation materially adversely affecting the Property or construction of any improvement thereon in connection with Buyer’s intended use of the Property for a police facility. Seller has received no notice of any such violation of applicable law. 5.6 To Seller’s actual knowledge, Seller has not caused or knowingly permitted any contamination by Hazardous Materials to occur on, at, about, or within the Property, or any portion thereof, and otherwise does not have actual knowledge of any such contamination of Hazardous Materials existing on, at, about, or within the Property, or any portion thereof. 5.6.1 “Hazardous Materials” when used in this Agreement shall mean any hazardous waste, hazardous substance, hazardous materials or toxic substances as defined, as of the Closing Date, in any federal, state, or local statute, ordinance, rule, or regulation applicable to the Property, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 42 United States Code sections 9601- 9675), the Resource Conservation and Recovery Act (Title 42 United States Code sections 6901- 6992k), the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health and Safety Code sections 78000-81050), Hazardous Waste Control Law (Health and Safety Code section 25100-25259); the Hazardous Materials Transportation Act, as amended (Title 49 United States Code sections 5101-5128); and any substance defined as “hazardous waste” in Health and Safety Code section 25117 or as a “hazardous substance” in Health and Safety Code section 78075, and in the regulations adopted and publications promulgated under these laws. “Hazardous Materials” shall also include asbestos or asbestos-containing materials, radon gas, and petroleum or petroleum fractions, whether or not defined as a hazardous waste or hazardous substance in any such statute, ordinance, rule, or regulation. 5.7 Disclaimer of Warranties; “AS IS” Purchase. Except as it relates to Seller’s Representations and Warranties set forth in Article 5, Buyer acknowledges that it will have had an opportunity to conduct its Due Diligence Investigation of the Property and will acquire the Property in its current condition based thereon. Buyer acknowledges and agrees that the Property is to be conveyed by Seller to Buyer “as is, with all faults,” and substantially in its current condition. Buyer further acknowledges and agrees that, except for the representations and warranties by Seller set forth in this Article 5, the sale of the Property to Buyer is made without any warranty or representation of any kind by Seller, either express or implied or arising by operation of law, and Seller shall have no liability with respect to the nature, value, uses, Packet Page. 1175 55600.00206\44237576.3 9 habitability, merchantability, suitability, condition, design, operation, rents, financial condition or prospects, fitness for purpose or use, or the manner, construction, condition or state of repair or lack of repair of the Improvements of the Property (or any part thereof), or any other aspect, portion or component of the Property whatsoever, it being specifically understood and agreed that Buyer shall have full opportunity, during the Due Diligence Investigation, to determine for itself the condition of the Property. Buyer’s Initials:_________ ARTICLE 6. BUYER’S REPRESENTATIONS AND WARRANTIES. Buyer makes the following representations and warranties to Seller with the understanding that each such representation and warranty is material and is being relied upon by Seller: 6.1 Buyer’s Authority. The execution, delivery and performance of this Agreement by Buyer have been duly and validly authorized by all necessary action and proceedings, and no further action or authorization is necessary on the part of Buyer in order to consummate the transactions contemplated herein. 6.2 No Conflict. Neither the execution nor delivery of this Agreement by Buyer, nor performance of any of its obligations hereunder, nor consummation of the transactions contemplated hereby, shall conflict with, result in a breach of, or constitute a default under, the terms and conditions of the organizational documents pursuant to which Buyer was organized, or any agreement to which Buyer is a party or is bound, or any order or regulation of any court, regulatory body, administrative agency or governmental body having jurisdiction over Buyer. ARTICLE 7. SURVIVAL OF REPRESENTATIONS AND WARRANTIES. 7.1 Survival of Warranties. Buyer and Seller agree that each representation and warranty by the respective parties contained herein or made in writing pursuant to this Agreement are intended to and shall be deemed made as of the date of this Agreement or such writing and again at the Closing, shall be deemed to be material, and unless expressly provided to the contrary shall survive the execution and delivery of this Agreement, the Deed and the Closing, for a period of nine (9) months. 7.2 Notice of Changed Circumstances. If either party becomes aware of any fact or circumstances which would render false or misleading a representation or warranty made by such party, then it shall immediately give notice of such fact or circumstance to the other party, but such notice shall not relieve any party of any liabilities or obligations with respect to any representation or warranty. Packet Page. 1176 55600.00206\44237576.3 10 ARTICLE 8. SELLER’S PRE-CLOSING COVENANTS. Seller shall comply with the covenants contained in this Article 8 from the Effective Date through the Closing Date unless Buyer consents otherwise in writing. Buyer may grant or withhold any such consent requested by Seller in Buyer’s sole discretion. 8.1 Contracts and Documents. Seller shall not, without Buyer’s approval, not to be unreasonably withheld or delayed, (a) amend or waive any right under any Preliminary Document or Additional Document, or (b) enter into any material agreement of any type affecting the Property that would survive the Closing Date. 8.2 Insurance. Seller shall maintain or cause to be maintained in full force and effect its present insurance policies for the Property. 8.3 Compliance with Obligations. Seller shall fully and timely comply with all obligations to be performed by it under the Preliminary Documents, all permits, licenses, approvals and laws, regulations and orders applicable to the Property. 8.4 No Transfers. Seller shall not sell, encumber or otherwise transfer any interest in all or any portion of the Property, or agree to do so. 8.5 Maintenance. At its sole cost and expense, Seller shall operate and maintain the Property such that on the Closing Date the Property (including the building and all Improvements) shall be in substantially the same condition and repair as on the Effective Date, reasonable wear and tear excepted. Without limiting the generality of the foregoing, Seller shall, at a minimum, spend such amounts for repair and maintenance as are consistent with its prior practice. Seller shall promptly advise Buyer of any significant repair or improvement required to keep the Property in such condition. Seller shall not make any material alterations to the Property, or remove any of the Personal Property therefrom, without Buyer’s prior consent. ARTICLE 9. CLOSING. Provided all conditions set forth in Article 4 have been either satisfied or waived, the parties shall close this transaction (the “Closing”), on the date which is 15 days after the expiration of the Due Diligence Period (the “Closing Date”), as such date may be extended by the provisions of Article 10. 9.1 Escrow. This Article 9, together with such additional instructions as Commonwealth Land Title Insurance Company, Attention: Kathleen Religioso, Title Officer, 601 S. Figueroa Street, Suite 4000, Los Angeles, California 90017 (“Escrow Holder”), shall reasonably request and the parties shall agree to, shall constitute the escrow instructions to Escrow Holder. If there is any inconsistency between this Agreement and the Escrow Holder’s additional escrow instructions, this Agreement shall control unless the intent to amend this Agreement is clearly stated in said additional instructions. Buyer and Seller shall cause Escrow Holder to execute and deliver a counterpart of this Agreement to each of them. If the Title Company does not serve as the Escrow Holder, the Title Company shall provide a letter to Buyer, in form and content acceptable to Buyer, pursuant to which the Title Company accepts responsibility and liability for the acts and omissions of Escrow Holder in discharging Escrow Holder’s obligations Packet Page. 1177 55600.00206\44237576.3 11 hereunder, including, without limitation, any acts or omissions of Escrow Holder relating to the Title Company’s commitment to issue the Title Policy, the receipt, recordation or delivery of any documents placed into escrow, and the receipt and disbursement of any funds placed into escrow. 9.2 Seller’s Deposit of Documents and Funds Into Escrow. Seller shall deposit into escrow on or before Closing the following documents: 9.2.1 A duly executed and acknowledged grant deed, in the form acceptable to Buyer, conveying the Property to Buyer (“Grant Deed”) in the form attached as Exhibit E; 9.2.2 A duly executed bill of sale, in the form of Exhibit C, conveying the Personal Property to Buyer free and clear of liens, encumbrances and restrictions (“Bill of Sale”); 9.2.3 A duly executed assignment, in the form of Exhibit D, assigning to Buyer all of Seller’s interest (a) in the Plans, (b) in all warranties of which Seller is the beneficiary with respect to the Property, and (c) in all intangible assets of the Property (the “General Assignment”); 9.2.4 A one-half share of the costs of Closing, including, but not limited to, the ALTA standard increment of the premium for the Title Policy, recording fees (if any), the escrow fees, and any other costs of Closing, plus or minus prorations as provided in Section 9.8; provided that, subject to Section 9.6, Buyer and Seller shall bear their own attorneys’ fees and costs in connection with the negotiation and preparation of this Agreement and the transactions completed by this Agreement; 9.2.5 Seller’s Non-foreign Certification; 9.2.6 All records and files relating to the management or operation of the Property, including, but not limited to, insurance;; and 9.2.7 Such additional documents, including written escrow instructions consistent with this Agreement, as may be necessary or desirable for conveyance of the Property in accordance with this Agreement; and 9.2.8 Form 593. 9.3 Deliveries Outside of Escrow. Notwithstanding Section 9.3, Seller and Buyer may elect to deliver the documents described in Section 9.3 outside of escrow (other than documents which are to be recorded) by giving Escrow Holder a joint written notice of such election, specifying the documents which will be so delivered outside of escrow. Upon receipt of such notice, Escrow Holder shall have no further obligation concerning such specified documents. 9.4 Buyer’s Deposit of Documents and Funds. Buyer shall deposit into escrow: 9.4.1 The Purchase Price in accordance with the provisions of Article 2 and a one-half share of the costs of Closing as provided in Section 9.3.4, plus or minus prorations as provided in Section 9.8, by electronic transfer of federal funds to Escrow Holder, on or before the Closing Date; and Packet Page. 1178 55600.00206\44237576.3 12 9.4.2 Such additional documents, including written escrow instructions consistent with this Agreement, as may be necessary or desirable for conveyance of the Property in accordance with this Agreement. 9.5 Default, Termination and Remedies. 9.5.1 Buyer’s Termination. This Agreement shall automatically terminate without further notice or action by Buyer upon the occurrence of any of the following events, provided that Buyer is not then in material breach of this Agreement: (a) any condition to Closing contained in Section 4.1 has not been satisfied or waived by Buyer in accordance with this Agreement; or (b) Buyer having exercised its right to terminate this Agreement pursuant to Section 3.3 (disapproval of Due Diligence Investigation), Section 3.4 (disapproval of title) or Article 10 (damage or condemnation). In such event, the parties shall have no further obligation to each other except for those obligations that specifically survive the termination of this Agreement. If this Agreement terminates as a result of Seller’s material breach of this Agreement, Buyer shall have all remedies it may have hereunder or at law as a result of such occurrence, including the remedy of specific performance. 9.5.2 Seller’s Termination. Provided that Seller is not then in material breach of this Agreement, this Agreement shall automatically terminate without further notice or action by Seller if any condition to Closing contained in Section 4.2 has not been satisfied or waived by Seller by the Closing Date. 9.5.3 Release from Escrow. Upon termination of this Agreement pursuant to Section 9.6.1 or 9.6.2, Escrow Holder shall promptly return to Buyer and Seller, respectively, all documents and monies deposited by them into escrow without prejudice to their rights and remedies hereunder. 9.5.4 Remedies. (a) Buyer’s Remedies. If Seller breaches this Agreement, Buyer shall be entitled to pursue all remedies permitted herein and by law, including the remedy of specific performance. No termination of the escrow by Buyer following a breach by Seller shall be deemed to waive such breach or any remedy otherwise available to Buyer. (b) Seller’s Remedies/Liquidated Damages. IF BEFORE THE CLOSE OF ESCROW BUYER FAILS TO COMPLY WITH OR PERFORM BUYER’S OBLIGATIONS UNDER THIS AGREEMENT AND (EXCEPT AS OTHERWISE PROVIDED IN SECTION 9.6) DOES NOT CURE SUCH FAILURE WITHIN TEN BUSINESS DAYS AFTER SELLER’S WRITTEN NOTICE OF SUCH FAILURE, THEN SELLER MAY THEREAFTER: (I) TERMINATE THIS AGREEMENT; (II) RECEIVE AND RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES IF SUCH DEFAULT OCCURS AFTER BUYER’S DUE DILIGENCE PERIOD; AND (III) EXERCISE THE OTHER RIGHTS AND REMEDIES RESERVED BY SELLER AS PROVIDED IN THIS PARAGRAPH. IN THE EVENT SELLER TERMINATES THIS AGREEMENT BY REASON OF BUYER’S DEFAULT, BUYER AND SELLER SHALL BE RELIEVED OF ANY FURTHER OBLIGATION TO EACH OTHER WITH RESPECT TO THIS AGREEMENT AND THE PROPERTY EXCEPT FOR ANY Packet Page. 1179 55600.00206\44237576.3 13 OBLIGATIONS WHICH EXPRESSLY SURVIVE. IT IS EXPRESSLY UNDERSTOOD AND AGREED BY BUYER AND SELLER: THAT SELLER WILL INCUR SUBSTANTIAL DAMAGES AS A RESULT OF ANY FAILURE BY BUYER TO COMPLY WITH OR PERFORM BUYER’S OBLIGATIONS UNDER THIS AGREEMENT; THAT IT IS EXTREMELY DIFFICULT AND IMPRACTICAL TO CALCULATE AND ASCERTAIN AS OF THE EFFECTIVE DATE OF THIS AGREEMENT THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED IN SUCH EVENT BY SELLER; AND THAT THE DEPOSIT IS A REASONABLE ESTIMATE OF THE EXTENT TO WHICH SELLER MAY BE DAMAGED BY BUYER’S DEFAULT IN LIGHT OF THE DIFFICULTY THE PARTIES WOULD HAVE IN DETERMINING SELLER’S ACTUAL DAMAGES AS A RESULT OF SUCH DEFAULT BY BUYER. _________________ _________________ SELLER’S INITIALS BUYER’S INITIALS (c) Waiver of Specific Performance. SELLER HEREBY WAIVES THE RIGHT TO MAINTAIN AN ACTION FOR SPECIFIC PERFORMANCE OF BUYER’S OBLIGATION TO PURCHASE THE PROPERTY AND SELLER AGREES THAT SELLER CAN BE ADEQUATELY COMPENSATED IN MONEY DAMAGES IF BUYER FAILS TO PURCHASE THE PROPERTY IN BREACH OF THIS AGREEMENT. SELLER ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH ARE A MATERIAL PART OF THE CONSIDERATION BEING GIVEN TO BUYER FOR ENTERING INTO THIS AGREEMENT AND THAT BUYER WOULD BE UNWILLING TO ENTER INTO THIS AGREEMENT IN THE ABSENCE OF THE PROVISIONS OF THIS PARAGRAPH. _________________ _________________ SELLER’S INITIALS BUYER’S INITIALS 9.6 Closing. When Escrow Holder has received all documents and funds identified in Sections 9.3 and 9.5, has received notification from Buyer and Seller that all conditions to Closing to be satisfied outside of escrow have been satisfied or waived and Title Company is irrevocably committed to issue the Title Policy, then, and only then, Escrow Holder shall: 9.6.1 Record the Grant Deed; 9.6.2 Cause the Title Company to issue the Title Policy to Buyer; 9.6.3 To the extent not otherwise delivered to Buyer outside of escrow, deliver to Buyer: (a) a conformed copy (showing all recording information thereon) of the Grant Deed; (b) fully executed original counterparts of the Bill of Sale, the General Assignment; an d (c) the Seller’s Certificate and the Non-foreign Certification; and 9.6.4 Deliver the Purchase Price (as adjusted pursuant to Section 9.8) to Seller. Escrow Holder shall prepare and sign closing statements showing all receipts and disbursements and deliver copies to Buyer and Seller and, if applicable, shall file with the Internal Revenue Service (with copies to Buyer and Seller) the reporting statement required under Section 6045(e) of the Internal Revenue Code. Packet Page. 1180 55600.00206\44237576.3 14 9.7 Prorations. Subject to the other provisions of this Section 9.8, all receipts and disbursements of the Property will be prorated as of 11:59 p.m. on the day immediately preceding the Closing Date. Not less than five business days prior to the Closing, Seller shall submit to Buyer for its approval a tentative prorations schedule showing the categories and amounts of all prorations proposed, including all rents and operating expenses. Security deposits (if any) shall be credited to Buyer from Seller proceeds. The parties shall agree on a final prorations schedule prior to the Closing and shall deliver the same to Escrow Holder. If following the Closing either party discovers an error in the prorations statement, it shall notify the other party and the parties shall promptly make any adjustment required. The parties agree that any trailing bills that pertain to the Property operations before the Closing Date, which are not available as of Closing, may be presented to Buyer for proration and reimbursement up to forty five (45) days after Closing. Failure to provide any bills by such date shall be a waiver by Seller of such reimbursement and Buyer shall have no further obligation for any such bills and Property expenses. This section 9.8 shall survive closing. 9.7.1 Capital Expenditures and Accounts Payable. All capital and other improvements (including labor and material) which have been performed or contracted for, by or on behalf of Seller prior to the Closing Date, and all sums due for accounts payable which have been incurred with respect to the Property prior to the Closing Date shall be paid by Seller. Buyer shall furnish to Seller for payment any bills for such period received after the Closing Date, and Buyer shall have no further obligation with respect thereto. 9.7.2 Property Taxes. Buyer and Seller acknowledge there are no real property taxes currently assessed against the Property. If any property taxes are determined by the applicable taxing authority to exist and are payable for any period up to and including the Closing Date, Seller shall be solely responsible for the payment of such amounts. 9.7.3 Utility Charges. All utility charges shall be prorated as of the Closing Date and Seller shall obtain a final billing therefor. All utility security deposits, if any, shall be retained by Seller. 9.8 Possession. Seller shall deliver exclusive right of possession of the Property to Buyer on the Closing Date, subject only to the Conditions of Title. ARTICLE 10. DAMAGE, DESTRUCTION AND CONDEMNATION. This Agreement shall be governed by the Uniform Vendor and Purchaser Risk Act as set forth in Section 1662 of the California Civil Code as supplemented and modified by this Article 10. Seller shall promptly notify Buyer in writing of any material damage to the Property and of any taking or threatened taking of all or any portion of the Property. Within a reasonable period of time after receipt of such notice, Buyer shall determine whether a material part of the Property has been damaged or whether such taking or threatened taking has affected or will affect a material part of the Property. As used herein, (a) the destruction of a “material part” of the Property shall be deemed to mean an insured or uninsured casualty to the Property having an estimated cost of repair which in the reasonable judgment of Buyer equals or exceeds $850,000; and (b) a taking by eminent domain of a portion of the Property shall be deemed to affect a “material part” of the Property if in the reasonable judgment of Buyer the estimated value of the Packet Page. 1181 55600.00206\44237576.3 15 portion of the Property taken exceeds $850,000. Upon making its determination, Buyer shall notify Seller in writing of the results of such determination. Buyer may elect, by written notice delivered to Seller within 30 days after giving Seller notice of such determination, to terminate this Agreement in accordance with Section 9.6.1 if a material part of the Property has been damaged or if such taking has affected or will affect a material part of the Property. If Buyer does not so terminate, (i) in the case of damage to a material part of the Property, Seller shall assign to Buyer at the Closing its right to recover under any insurance policies covering such damage and shall pay Buyer at the Closing the amount of the deductible, if any, and (ii) in the case of a threatened or actual taking of a material part of the Property, Seller shall assign to Buyer at the Closing Seller’s entire right, title and interest in the proceeds thereof. If between the Effective Date and the Closing Date the Property suffers damage which is not material, Seller shall repair such damage at its expense prior to the Closing, and the Closing Date shall be extended for a reasonable period of time not to exceed 30 days to allow for completion of such repairs. The Closing Date shall be extended as necessary to permit Buyer to exercise its rights under this Article 10. ARTICLE 11. GENERAL. 11.1 Notices. All notices, demands, approvals, and other communications provided for in this Agreement shall be in writing and shall be effective (a) when personally delivered to the recipient at the recipient’s address set forth below; (b) five business days after deposit in a sealed envelope in the United States mail, postage prepaid, by registered or certified mail, return receipt requested, addressed to the recipient as set forth below; or (c) one business day after deposit with a recognized overnight courier or delivery service, addressed to the recipient as set forth below, whichever is earlier. If the date on which any notice to be given hereunder falls on a Saturday, Sunday or legal holiday, then such date shall automatically be extended to the next business day immediately following such Saturday, Sunday or legal holiday. Email notices may be used for convenience only, unless otherwise agreed by the parties in writing, and shall be deemed delivered one (1) business day after delivery if sent after 5 pm, or received the same day if sent on a business day between 8 am and 5 pm, and a duplicate shall be sent via USPS on the same day as the email. The addresses for notice are: SELLER: San Bernardino City Unified School District Attn: Thomas Pace 777 North F Street San Bernardino, CA 92410 Phone: (909) 381-1100 Email: tom.pace@sbcusd.k12.ca.us With a copy to: Tao Rossini, APC . Attn: Barry Nutovic 14603 Whittier Boulevard Whittier, CA 90605 Phone: (714) 446-8742, Ext. 704 Email: bnutovic@taorossini.com Packet Page. 1182 55600.00206\44237576.3 16 BUYER: City of San Bernardino Attn: Kima Russell 290 North D Street San Bernardino, CA 92401 Phone: 909-384-5366 Email: Russell_Ki@sbcity.org With a copy to: Best Best & Krieger LLP Attn: Jessica K. Lomakin, Esq. 2855 E. Guasti Road, Suite 400 Ontario, CA 91761 Phone: 909-483-6643 Email: Jessica.lomakin@bbklaw.com Either party may change its address by written notice to the other given in the manner set forth above. 11.2 Entire Agreement. This Agreement and the Schedules and Exhibits hereto contain the entire agreement and understanding between Buyer and Seller concerning the subject matter of this Agreement and supersede all prior agreements, including any previous letter of intent or terms, understandings, conditions, representations and warranties, whether written or oral, made by Buyer or Seller concerning the Property or the other matters which are the subject of this Agreement. 11.3 Amendments and Waivers. No addition to or modification of this Agreement shall be effective unless set forth in writing and signed by the party against whom the addition or modification is sought to be enforced. The party benefited by any condition or obligation may waive the same, but such waiver shall not be enforceable by another party unless made in writing and signed by the waiving party, except as otherwise provided in this Agreement. 11.4 Invalidity of Provision. If any provision of this Agreement as applied to either party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole. 11.5 References. Unless otherwise indicated, (a) all Article, Section, Schedule and Exhibit references are to the articles, sections, schedules and exhibits of this Agreement, and (b) all references to days are to calendar days. All the Schedules and Exhibits attached hereto are incorporated herein by this reference. Whenever under the terms of this Agreement the time for performance of a covenant or condition falls upon a Saturday, Sunday or California state holiday, such time for performance shall be extended to the next business day. The headings used in this Agreement are provided for convenience only and this Agreement shall be interpreted without Packet Page. 1183 55600.00206\44237576.3 17 reference to any headings. The masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others whenever the context so indicates or requires. 11.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be performed in California. 11.7 Confidentiality and Publicity. Buyer is a public entity and as such, this Agreement, upon its presentation for approval at Buyer’s City council at a duly called and agendized public meeting, shall be subject to the Public Records Act and the Freedom of Information Act. No press release or other public disclosure may be made by Seller or any of its agents regarding Buyer’s intent for this Property this transaction without the prior consent of Buyer. 11.8 Time. Time is of the essence in the performance of the parties’ respective obligations under this Agreement. 11.9 Attorneys’ Fees. In the event of any legal or equitable proceeding to enforce any of the terms or conditions of this Agreement, or any alleged disputes, breaches, defaults or misrepresentations in connection with any provision of this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable costs and expenses, including, without limitation, reasonable attorneys’ fees and costs of defense paid or incurred in good faith. 11.10 Assignment. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 11.11 Further Assurances. At any time before or after Closing, Seller and Buyer shall, at their own expense, execute, acknowledge and deliver any further deeds, assignments, conveyances, and other assurances, documents and instruments of transfer reasonably requested by the other, and shall take any other action consistent with this Agreement that may be reasonably requested to transfer and confirm the Property or otherwise carry out the terms of this Agreement. 11.12 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the parties to it and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any third person to any party hereto or give any third person any right of subrogation or action over against any party to this Agreement. 11.13 Remedies Cumulative. The remedies set forth in this Agreement are cumulative and not exclusive to any other legal or equitable remedy available to a party except as otherwise provided in this Agreement. 11.14 Commissions, Indemnity, Disclosure. Each party represents to the other party that there is no broker representing such party in the current transaction, and that the representing party has incurred no liability for any brokerage commission or finder’s fee arising from or relating to the transactions contemplated by this Agreement. Each party hereby indemnifies and agrees to protect, defend and hold harmless the other party from and against all liability, cost, damage or expense (including without limitation attorneys’ fees and costs incurred in connection therewith) on account of any brokerage commission or finder’s fee which the indemnifying party has agreed Packet Page. 1184 55600.00206\44237576.3 18 to pay or which is claimed to be due as a result of the actions of the indemnifying party. This Section 11.14 is intended to be solely for the benefit of the parties hereto and is not intended to benefit, nor may it be relied upon by, any person or entity not a party to this Agreement. 11.15 Counterparts/Facsimile/PDF Signatures. This Agreement may be executed in counterparts and when so executed by the parties, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument that shall be binding upon the parties, notwithstanding that the parties may not be signatories to the same counterpart or counterparts. The parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counterpart. In order to expedite the transaction contemplated herein, facsimile or .pdf signatures may be used in place of original signatures on this Agreement. Seller and Buyer intend to be bound by the signatures on the facsimile or .pdf document, are aware that the other party will rely on the facsimile or .pdf signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. BUYER: CITY OF SAN BERNARDINO, a California municipal corporation By: Eric Levett, City Manager ATTEST: By: Telicia Lopez, Acting City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP By: Jessica K. Lomakin, Special Counsel to City of San Bernardino SELLER: SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, a public school district validly existing Packet Page. 1185 55600.00206\44237576.3 19 under the Constitution and Laws of the State of California _______________ By Thomas Pace, Direct of Facilities Planning & Development APPROVED AS TO FORM: LAW OFFICES OF Tao Rossini, APC By: Barry Nutovic, Attorney for Seller Acceptance by Escrow Holder Escrow Holder acknowledges receipt of the foregoing Agreement and accepts the instructions contained therein. Dated: ______________, 2026 Commonwealth Land Title Insurance Company By: Kathleen Religioso, Title Officer Packet Page. 1186 55600.00206\44237576.3 Exhibit “A” EXHIBIT A LEGAL DESCRIPTION Packet Page. 1187 55600.00206\44237576.3 Exhibit “B” EXHIBIT B TRANSFEROR’S CERTIFICATION OF NON-FOREIGN STATUS Section 1445 of the Internal Revenue Code of 1986, as amended (the “Code”), provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the City of San Bernardino, a California municipal corporation (the “Transferee”), that withholding of tax under Section 1445 of the Code will not be required upon the transfer of a U.S. real property interest to the Transferee by the San Bernardino City Unified School District (the “Transferor”), the undersigned hereby certifies the following on behalf of the Transferor: 1. The Transferor is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder); 2. The Transferor’s U.S. employer identification number is 95-2285577; and 3. The Transferor’s office address is 777 North F St. San Bernardino, CA 92410______________________________________. The Transferor understands that this Certificate may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury I declare that I have examined this Certification and, to the best of my knowledge and belief, it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the Transferor. DATED: ________________, 2026 SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT By: ______________________________________ Name: Thomas Pace Title: Director of Facilities Planning & Development Packet Page. 1188 55600.00206\44237576.3 Exhibit “B” EXHIBIT C BILL OF SALE This Bill of Sale (the “Bill of Sale”) is made as of _______________, 2026, by the San Bernardino City Unified School District, a a public school district validly existing under the Constitution and Laws of the State of California (“Transferor”). FOR VALUABLE CONSIDERATION, as set forth in that certain Purchase and Sale Agreement dated ________, 2026 (the “Agreement”), Transferor hereby sells, transfers, assigns and delivers to the CITY OF SAN BERNARDINO, a California municipal corporation (“Transferee”), the Personal Property identified in the Personal Property inventory attached hereto as Schedule 1.1. Transferor hereby assigns all warranties, guarantees and indemnities, whether those warranties are express or implied, and all similar rights which Transferor may have against any other manufacturer or supplier of the Personal property or any portion thereof or against any seller, engineer, contractor or builder, in respect of the Personal Property. Transferor at any time at or after the date of this Bill of Sale shall execute, acknowledge and deliver any further deeds, assignments, conveyances and other assurances, documents and instruments of transfer reasonably requested by Transferee, and shall take any other action consistent with the terms of this Bill of Sale that may reasonably be requested by Transferee for the purpose of granting and confirming to Transferee, or reducing to Transferee’s possession, any or all of the Personal Property. This Bill of Sale shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. DATED: ________________, 2026 TRANSFEROR: San Bernardino City Unified School District, a public school district validly existing under the Constitution and Laws of the State of California By: ______________________________________ Name: Thomas Pace Title: Director of Facilities Planning & Development Packet Page. 1189 55600.00206\44237576.3 Exhibit “C” Packet Page. 1190 55600.00206\44237576.3 Exhibit “D” SCHEDULE 1 PERSONAL PROPERTY INVENTORY Place Item Categorization Quantity Break Room Chairs 12 Break Room Tables 6 Break Room Microwave Oven 2 Break Room Toaster Oven 1 Break Room Whirlpool Refrigerator 1 Break Room Whirlpool Refrigerator 1 Break Room Water Dispenser 1 Computer Lab 2 Trapezoidal Tables 7 Computer Lab 2 6x2 Seminar Tables 5 Computer Lab 2 SHARP TV 42-50" Class - 1080p - Early 2010s 1 Computer Lab 2 SHARP TV 42-50" Class - 1080p - Early 2010s 1 Conference Room 1 6x2 Seminar Tables 7 Conference Room 1 ViewSonic CDE6510 TV - 65in 4k (2019) 1 Conference Room 1 ViewSonic CDE6510 TV - 65in 4k (2019) 1 Conference Room 2 ViewSonic CDE6510 TV - 65in 4k (2019) 1 Conference Room 2 ViewSonic CDE6510 TV - 65in 4k (2019) 1 Conference Room 3 ViewSonic CDE6510 TV - 65in 4k (2019) 1 Couch Room 3 Cushion Couch 1 Custodial Custodial Supplies 1 Hallway 1 Samsung TV 42-50" Class - 1080p - Late 2010s 1 Main Room Dark Wood Cubicle Partitions & Desks 1 Main Room Tech Work Benches 7 Packet Page. 1191 55600.00206\44237576.3 Main Room SHARP TV 42-50" Class - 1080p - Late 2010s 1 Main Room SHARP TV 42-50" Class - 1080p - Late 2010s 1 Main Room 6x2 Seminar Tables 1 Mainframe Room 42U Rack HP 12 Mainframe Room 45U Rack Open Frame 5 Office 1 L-Shaped Desk 1 Office 1 Storage Cabinet w Drawers (Glass Doors) 1 Office 1 Round Meeting Table 1 Office 1 Office Chair (Black) 1 Office 1 Guest Chairs (Black/Red) 4 Office 2 & 3 ViewSonic CDE6510 TV - 65in 4k (2019) 1 Office 5 L-Shaped Desk 1 Office 5 Overhead Storage Cabinet 1 Office 5 Drawer Unit (Under Desk) 1 Office 5 Standing Fan 1 Office 6 Storage Cabinet (Glass Doors) 1 Office 6 Storage Cabinet (Wood, Shelving) 1 Office 6 L-Shaped Desk 1 Office 6 Plastic Guest Chair (Black/White) 1 Office 6 Plastic Task Chair (Blue) 1 Office 7 Storage Cabinet (Glass Doors) 1 Office 7 Storage Cabinet (Wood, Shelving) 1 Office 7 L-Shaped Desk 1 Office 7 Office Chair (Black) 1 Office 8 Wall-Mounted Display (ViewSonic CDE6510) 1 Office 8 Rolling Seat Cabinet 1 Office 8 L-Shaped Desk (Sit to Stand) 1 Office 8 Storage Cabinet (Wood, Shelving) 1 Packet Page. 1192 55600.00206\44237576.3 Office 8 Overhead Storage Cabinet 1 Office 8 Meeting Table (Rolling) 1 Office 8 Guest Chairs (Blue) 3 Office 9 Wall-Mounted Display (ViewSonic CDE6510) 1 Office 9 L-Shaped Desk (Sit to Stand) 1 Office 9 Storage Cabinet (Wood, Shelving) 1 Office 9 Meeting Table (Rolling) 1 Office 9 Office Chair (Blue) 1 Office 9 Guest Chairs (Blue) 3 Reception Electronic Cabinet 1 Reception Electronic Cabinet 1 Reception 3 Shelf Metal Units 4 Reception TV (Security) 1 Reception Computer (Security) 1 Reception 6x2 Seminar Tables 3 Reception Lockable Metal Cabinet 1 Storage Metal Storage Racks 1 Storage Custodial Supplies 1 Storage Room 1 Metal Storage Racks 15 Storage Room 3 Metal Storage Racks 16 Packet Page. 1193 55600.00206\44237576.3 EXHIBIT D GENERAL ASSIGNMENT This Assignment (the “Assignment”) is dated for reference purposes only as of _________________, 2026 by the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, a public school district validly existing under the Constitution and Laws of the State of California (“Assignor”). FOR VALUABLE CONSIDERATION, as set forth in that certain Agreement of Purchase and Sale and Joint Escrow Instructions dated _______, 2026 (the “Agreement”), Assignor hereby assigns and transfers to the CITY OF SAN BERNARDINO, a charter city and municipal corporation (“Assignee”), following: A. All permits, licenses, consents, registrations and other similar approvals applicable to the Real Property (collectively, the “Approvals”); B. All as-built plans and specifications for: (1) the Real Property and (2) any and all improvements used in connection with the operation or occupancy of the Real Property or located upon the Real Property (the “Improvements”)(collectively, the “Plans”); and C. All warranties of which Assignor is the beneficiary (the “Warranties”) with respect to the Improvements or Personal Property sold pursuant to this Agreement. This Assignment shall not supersede the Agreement and, in the event of conflict between this Assignment and the Agreement, the Agreement shall control. This Assignment shall be binding upon and inure to the benefit of Assignor and Assignee and their respective heirs, executors, administrators, successors and assigns. This Assignment shall take effect the last to occur of the following: (i) full execution by all parties, as shown by the last date entered below the parties’ signatures and (ii) upon the Closing of the transaction between Assignee and Assignor. IN WITNESS WHEREOF, Assignor has executed this Assignment as of the date first above written. ASSIGNOR: SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, a public school district validly existing under the Constitution and Laws of the State of California By Its Director of Facilities Planning & Development Date: ________________, 2026 Packet Page. 1194 55600.00206\44237576.5 Exhibit "E" EXHIBIT E GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of San Bernardino 201 N. E St. San Bernardino, CA 92401 ATTN: City Clerk EXEMPT FROM RECORDING FEES PURSUANT TO GOVERNMENT CODE SECTION 27383 SPACE ABOVE THIS LINE FOR RECORDER’S USE APN: 0140-218-41-0-000 Grant Deed The undersigned Grantor(s) declare(s): both Grantor and Grantee are exempt from property taxes Documentary transfer tax is $0. Computed on full value of property conveyed, or Computed on full value less value of liens and encumbrances remaining at time of sale. Unincorporated area City of San Bernardino; and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, a public school district validly existing under the Constitution and Laws of the State of California hereby GRANT(S) to CITY OF SAN BERNARDINO, a charter city and municipal corporation the following described real property in the City of San Bernardino County of San Bernardino State of California: SEE ATTACHED EXHIBIT A Dated: _______________, 2026 SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, a_____ By: _________________________________ Packet Page. 1195 55600.00206\44237576.3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On , 20___ before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) Packet Page. 1196 55600.00206\44237576.3 CERTIFICATE OF ACCEPTANCE Pursuant to Section 27281 of the California Government Code This is to certify that the interest in real property conveyed by the Grant Deed dated __________________, 2026, from the San Bernardino City Unified School District, to the City of San Bernardino, a charter city and municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of San Bernardino, pursuant to the authority conferred by Resolution No. _______, adopted by the San Bernardino City Council on ___________________, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: _________________, 2026 City of San Bernardino By: ____________________________ Packet Page. 1197 EXHIBIT “A” LEGAL DESCRIPTIONS APN 0140-281-41-0000: LOT 5, IN BLOCK 52 OF THE CITY OF SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF RECORDED IN BOOK 7, PAGE 1 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Packet Page. 1198 EXHIBIT “B” VICINITY MAP AND ZONING DESCRIPTION APN: 0140-281-41-0000 Address: 793 N. “E” Street Lot Size: 44,605/ 1.02 Site Improvements: To be sold “as is” Cross Streets: West 8th Street/ North E Street Zoning: Commercial General – 1 (CG-1) Packet Page. 1199 Smart Technology Building Acquisition City Council Presentation Presented by: Kima Russell, Real Property Manager Packet Page. 1200 Smart Technology Building Acquisition Request Council approval to: • Approve purchase of the Smart Technology Building • Purchase price $3,667,740.13 • Authorize execution of Purchase and Sale Agreement • Allow staff to complete due diligence and escrow • Funded through the General Fund Packet Page. 1201 Property Overview Location: 793 N. “E” Street, San Bernardino, CA Current Owner: San Bernardino City Unified School District Key Features: •Institutional building suitable for municipal use • Existing office and training spaces • On-site parking • Central location Packet Page. 1202 Proposed Police Department Use The facility will support several Police Department functions: • Regional Fusion Center • Personnel & Training Unit • PEACE Teams Additional benefits: •Minimal interior modifications required •Internal wall for Fusion Center (grant funded) •Improved parking capacity for Police Department Packet Page. 1203 Transaction Summary Purchase Price $3,667,740.13 Deposit $100,000 escrow deposit Funding Source City General Fund Purchase Condition “As-Is” acquisition Due Diligence Period 90 Days Packet Page. 1204 Due Diligence Packet Page. 1205 Recommendation Staff recommends that the Mayor and City Council: • Approve the purchase of the Smart Technology Building • Adopt Resolution No. 2026-XXX • Authorize the City Manager to execute the Purchase & Sale Agreement • Authorize staff to complete due diligence and escrow Packet Page. 1206 Questions? Packet Page. 1207 3 3 4 1 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Eric Levitt, City Manager Economic Development It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2026-059: 1. Authorizing 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. 53); and 2. Authorizing the levy of a Special Tax therein. 3. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget with an appropriation of $15,000 in both revenues and expenditures. 4. Set a Public Hearing for July 15, 2026. The City Manager recommends approval. The recommended actions are the first step of the annexation process for the proposed development into Community Facilities District (“CFD”) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate its impacts for maintenance service of public facilities as a result of the new development. The special taxes will be levied annually to offset general fund expenditures related to maintenance of public improvements within and for the benefit of the development. Packet Page. 1208 3 3 4 1 Background On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City. On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City. Discussion Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Public lighting and appurtenant facilities, including streetlights within public rights-of-way and traffic signals; and 2. Maintenance of streets, including street sweeping, pavement management and sidewalks; and 3. Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; and 4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed development includes approximately 3.61 gross acres of zoned commercial property. The property is located at the north of Mill Street and west of E Street. This development will include an EV Charging Hub as a new Tax Zone No. 53 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention Packet Page. 1209 3 3 4 1 shall also set the date and time for the public hearing. The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 53), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $1,455 per acre for FY 2026/27. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. •Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). •Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien. •Amend the Ordinance and order the levy and collection of special taxes in the District. The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of Special Tax revenues of approximately $5,238 to be used to pay for maintenance costs. On June 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD. With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for July 15, 2026. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 1. Improved Operational & Financial Capacity and Key Target No. 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Packet Page. 1210 3 3 4 1 Fiscal Impact All costs associated with annexation into the CFD have been borne by the Developer. This CFD annexation will amend the FY 2025/26 Operating Budget by $15,000 in both revenues and expenditures. There is no additional fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2026-059: 1. Authorizing 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. 53); and 2. Authorizing the levy of a Special Tax therein. 3. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget with an appropriation of $15,000 in both revenues and expenditures 4. Set a Public Hearing for July 15, 2026. Attachments Attachment 1 – Resolution of Intention No. 2026-059 Attachment 2 – Exhibit A - Description of Territory Attachment 3 – Exhibit B - Description of Services Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps Attachment 6 – Exhibit E - Signed Petition Attachment 7 – Exhibit F - Notice of Public Hearing Attachment 8 – Exhibit G - Special Election Ballot Attachment 9 – Exhibit H - Maintenance Exhibit Attachment 10 – Project Map Ward: Third Ward Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello- Roos Community Facilities Act of 1982”. July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019- 1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of Packet Page. 1211 3 3 4 1 maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. CC: Eric Levitt, City Manager Packet Page. 1212 Resolution No. 2026-059 Resolution No. 2026-059 Page 1 of 4 June 3, 2026 RESOLUTION NO. 2026-059 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY 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. 53), AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN, AND AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2025/26 OPERATING BUDGET WITH AN APPROPRIATION OF $15,000 IN BOTH REVENUES AND EXPENDITURES WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice and word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District. SECTION 2. Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”. Packet Page. 1213 Resolution No. 2026-059 Resolution No. 2026-059 Page 2 of 4 June 3, 2026 SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 53, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D. SECTION 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory. SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C. SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof. SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 5:00 p.m., or as soon thereafter as practicable, on Wednesday, July 15, 2026, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1. SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019- 1. The publication of said notice shall be completed at least seven days prior to the date herein Packet Page. 1214 Resolution No. 2026-059 Resolution No. 2026-059 Page 3 of 4 June 3, 2026 fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act. SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday July 15, 2026 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot, the full text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference. SECTION 10. That 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 11. 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 12. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $15,000 in both revenues and expenditures. SECTION 13. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of June 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 1215 Resolution No. 2026-059 Resolution No. 2026-059 Page 4 of 4 June 3, 2026 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-059, adopted at a regular meeting held on the 3rd day of June 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of June 2026. Telicia Lopez, CMC, City Clerk Packet Page. 1216 EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 53 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APNs). APN Owner Name 0136-171-44 Occidental Property, LLC Packet Page. 1217 EXHIBIT B DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. Packet Page. 1218 EXHIBIT C City of San Bernardino 1 Community Facilities District No. 2019-1 (Maintenance Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County. Packet Page. 1219 City of San Bernardino 2 Community Facilities District No. 2019-1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31. “CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). “City” means the City of San Bernardino. “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino. “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable. “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1. Packet Page. 1220 City of San Bernardino 3 Community Facilities District No. 2019-1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1. “Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit. “Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel. “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property. “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds. Packet Page. 1221 City of San Bernardino 4 Community Facilities District No. 2019-1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required. "Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property. “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD. "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property. B. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator. C. MAXIMUM SPECIAL TAX RATES For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi-family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs. For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Packet Page. 1222 City of San Bernardino 5 Community Facilities District No. 2019-1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs. 1. Special Tax A a. Developed Property (i) Maximum Special Tax A The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below: TABLE 1 MAXIMUM SPECIAL TAX A RATES DEVELOPED PROPERTY 1 TR 17170 Single Family Residential Property RU $961 (ii) Increase in the Maximum Special Tax A On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below: Packet Page. 1223 City of San Bernardino 6 Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2 MAXIMUM SPECIAL TAX A RATES APPROVED PROPERTY 1 TR 17170 Single Family Residential RU $961 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX A RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax A On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. 2. Special Tax B (Contingent) The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances: (a) The POA files for bankruptcy; (b) The POA is dissolved; (c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property (i) Maximum Special Tax B (Contingent) Packet Page. 1224 City of San Bernardino 7 Community Facilities District No. 2019-1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below: TABLE 4 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES DEVELOPED PROPERTY 1 TR 17170 Single Family Residential Property RU $0 (ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below: TABLE 5 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES APPROVED PROPERTY 1 TR 17170 Single Family Residential Property RU $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Packet Page. 1225 City of San Bernardino 8 Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below: TABLE 6 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows: First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone; Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property. 2. Special Tax B (Contingent) Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Page. 1226 City of San Bernardino 9 Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement; Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property; Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property. E. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A. F. DURATION OF SPECIAL TAX For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided. For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided. G. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator. H. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s). Packet Page. 1227 City of San Bernardino 10 Community Facilities District No. 2019-1 (Maintenance Services) I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. Packet Page. 1228 City of San Bernardino 11 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) COST ESTIMATE Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2026-27. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1. TAX ZONE 53 APN 0136-171-44 Item Description Estimated Cost Total $5,238 Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may have Special Tax B Contingent Services being provided. TAX ZONE 53 FY 2026-27 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERTY AND APPROVED PROPERTY Non-Residential Property Acre $1,455 $0 TAX ZONE 53 FY 2026-27 MAXIMUM SPECIAL TAX RATES UNDEVELOPED PROPERTY Acre $1,455 $0 Packet Page. 1229 City of San Bernardino 12 Community Facilities District No. 2019-1 (Maintenance Services) TAX ZONE SUMMARY Annexation Tax Zone Tract APN Fiscal Year Maximum Special Tax A Maximum Special Tax B Subdivider Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined 27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre Corporation Packet Page. 1230 City of San Bernardino 13 Community Facilities District No. 2019-1 (Maintenance Services) Annexation Tax Zone Tract APN Fiscal Year Maximum Special Tax A Maximum Special Tax B Subdivider 43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC 44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC 45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC 46 46 To be determined 47 47 PM 17772 2024-25 $5,635 / Acre $0 / Acre CVP Hospitality CA LLC 48 48 1199-671-13 2024-25 $247 / RU $0 / RU Piedmont Venture I, LLC 49 49 0141-252-08 2024-25 $2,185 / Acre $0 / Acre City of Riverside 50 50 CUP 23-06 2024-25 $17,827 / $0 / Acre Gateway SB, LLC 51 51 PM 19349 2025-26 $646 / Acre $0 / Acre LPC Arrowhead Area I, LP 52 To Be Determined 53 53 0136-171-44 2026-27 $1,455 / Acre $0 / Acre Occidental Property, LLC 54 54 LLM-012 2026-27 $2,318 / Acre $0 / Acre 1435 East Highland, LLC ESCALATION OF MAXIMUM SPECIAL TAXES On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. Packet Page. 1231 City of San Bernardino 14 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. Packet Page. 1232 MI L L S T E ST G ST INLA N D C ENTE R D R 01 3 6 - 1 7 1 - 4 4 AN N E X A T I O N M A P N O . 5 3 CO M M U N I T Y F A C I L I T I E S D I S T R I C T N O . 2 0 1 9 - 1 (M A I N T E N A N C E S E R V I C E S ) CI T Y O F S A N B E R N A R D I N O CO U N T Y O F S A N B E R N A R D I N O , S T A T E O F C A L I F O R N I A SH E E T 1 O F 1 S H E E T TH I S M A P S H O W S T H E B O U N D A R I E S O F A R E A S T O B E AN N E X E D T O C O M M U N I T Y F A C I L I T I E S D I S T R I C T N O . 2 0 1 9 - 1 (M A I N T E N A N C E S E R V I C E S ) , O F T H E C I T Y O F S A N BE R N A R D I N O , C O U N T Y O F S A N B E R N A R D I N O , S T A T E O F CA L I F O R N I A . TH E B O U N D A R I E S O F W H I C H C O M M U N I T Y F A C I L I T I E S DI S T R I C T A R E S H O W N A N D D E S C R I B E D O N T H E M A P TH E R E O F W H I C H W A S P R E V I O U S L Y R E C O R D E D O N JU N E 6 , 2 0 1 9 I N B O O K 8 8 O F M A P S O F A S S E S S M E N T AN D C O M M U N I T Y F A C I L I T I E S D I S T R I C T A T P A G E 3 2 A N D AS I N S T R U M E N T N O . 2 0 1 9 - 0 1 8 5 3 2 3 I N T H E O F F I C E O F T H E CO U N T Y R E C O R D E R O F T H E C O U N T Y O F S A N B E R N A R D I N O , ST A T E O F C A L I F O R N I A . 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I N B O O K _ _ _ _ _ O F _ _ _ _ _ _ _ _ _ _ _ _ _ _ A T P A G E _ _ _ _ , AT T H E R E Q U E S T O F C I T Y O F S A N B E R N A R D I N O I N T H E A M O U N T OF $ _ _ _ _ _ _ _ _ _ _ _ _ _ . JO S I E G O N Z A L E S AS S E S S O R - R E C O R D E R SA N B E R N A R D I N O C O U N T Y BY : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D E P U T Y R E C O R D E R SA N B E R N A R D I N O C O U N T Y R E C O R D E R ' S C E R T I F I C A T E 53 Packet Page. 1233 Packet Page. 1234 PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1.The undersigned requests that the City Council of the City of San Bernardino (the “City”), initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district. 2.The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition. 3.The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto. 4.The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting. 5.Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code. 6.The undersigned hereby acknowledges and agrees that the measure submitted in connection with the special election referred to herein, as set forth in the ballot provided to the undersigned, asked voters whether or not the Community Facilities District should be authorized to levy a special tax in order to finance services (the Packet Page. 1235 "Services"), as specified in the Resolution No. 2019-081, adopted by the City Council of the City on June 5, 2019 (the “Resolution of Formation”). The Resolution of Formation described the Services to be financed by the Community Facilities District. The Rate and Method of Apportionment of the Special Tax for the Community Facilities District (the “Rate and Method”) is included in the ballot materials provided to the undersigned for the election (the “Ballot”). The Rate and Method contains detailed provisions specifying (i) the type of the Special Tax and the amount or rate of the Special Tax to be levied on each parcel of property in the Community Facilities District, (ii) the duration of the Special Tax (the fiscal year after which the Special Tax will no longer be levied), and (iii) the use of the revenue derived from the Special Tax to pay for the Services. The undersigned, having received and reviewed the Rate and Method and the Ballot will be, at the time it votes on the measure submitted to voters in the Ballot, in possession the type and amount or rate of the Special Tax, the duration of the Special Tax and the use of the revenue derived from the Special Tax, is fully informed with respect thereto and has a thorough understanding thereof. 7.The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure. IN WITNESS WHEREOF, I hereunto set my hand this day of , 20 . Occidental Property LLC By: Name: Title: OWNER'S PROPERTY: TRACT MAP OR PARCEL MAP NO. or PROJECT NO. OWNER'S MAILING ADDRESS: FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS DAY OF , 20 . City Clerk of the City Council of the City of San Bernardino 31 March B2501377 34 Carolina Ave San Anselmo, CA 94960 26 Wyatt Toolson Chief Financial Officer Packet Page. 1236 EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 53) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on June 3, 2026 adopted its Resolution No. 2026-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 5:00 p.m., or as soon thereafter as practicable, Wednesday, July 15, 2026 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the July 15, 2026 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-998-2680. DATED: ____________, 2026 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2026 Packet Page. 1237 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 53 (July 15, 2026) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 998-2680 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than July 1, 2026, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on July 15, 2026, at the Clerk’s office at 201 N. “E” Street, Bldg 201 A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on July 15, 2026. Very truly yours, Telicia Lopez, CMC, City Clerk Packet Page. 1238 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Occidental Property, LLC Attn: Wyatt Toolson 34 Carolina Ave. San Anselmo, CA 94960 0136-171-44 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE annual basis at the rate set forth in the following table: Land Use Category Taxable Unit Maximum Special Tax A plus an annual increase on each July 1, commencing on July 1, 2027 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside - San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 53 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including lighting, streets, and drainage as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2026-__ adopted by the City Council of the City of San Bernardino on June 3, 2026, and shall an appropriation limit be established for the Community Facilities District No. 2019-1 YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__. Wyatt Toolson Chief Financial Officer Packet Page. 1239 ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M ST M FP FP FP FP FP FP FP FP FP FP FPFPFPFPFPFPFPFPFPFPFPFPFPFPFPFPFPFP ST M ST M ST M ST M ST M ST M B1 B2 B3 B4 B5 B6 J1 J2 J3 J4 J1 J2 J3 J4 STOP I1 H1 A3 A2 A1A4A5A6 I2 I3 I4 I5 I6 I7 I8 I9 I1 0 I1 1 I1 2 I1 3 I1 4 I1 5 I1 6 I1 7 I1 8 I1 9 I2 0 I2 1 I2 2 H2 H3 H4 H5 H6 H7 H8 H9 H1 0 H1 1 H1 2 H1 3 H1 4 H1 5 H1 6 H1 7 D7D6D5D4D3D2D1 E5E4 G6 G7 G8 G9 G1 0 G1 1 G1 G2 G3 G4 G5 C1 C2 C3 C4 C5 C6 C7 C8 C9 E3E2E1 F4 F3 F2 F1 FO FO FO FO FO FO FO PROJECT LOCATION S E S T W MILL ST INL A N D C E N T E R D R S G S T OAK CT OAK ST SAZAN # 926-24007 PROJECT ISSUANCES SHEET REVISIONS PROJECT: TITLE: PROJECT NO: DATE: SCALE: SHEET SIZE: E (36"x48") DWG. NO: PROJECT ADDRESS: 1030 NW Bond St., Ste. 202 Bend, Oregon 97703 Tel 541.229.2400 Fax 503.416.2087 C: \ U s e r s \ F e l t i I a n \ D C \ A C C D o c s \ P a r a m e t r i x \ 9 0 2 0 - W e s t M i l l E V F a c i l i t y \ P r o j e c t F i l e s \ 0 1 D e s i g n \ 0 2 C i v i l \ D W G \ S H E E T S \ B E 9 0 2 0 0 0 2 C - C 0 0 0 - C S 0 0 . d w g 8/1/2025 580 W.MILL EV CHARGING HUB 580 West Mill Street. San Bernardino, CA 92410 No.Description Date 297-9020-002 CD90 PACKAGE 10/22/24 BUILDING DEPT. SUBMITTAL 04/24/25 C000 COVER SHEET 580 W. MILL EV CHARGING HUB INSTALLATION OF ELECTRIC VEHICLE CHARGING HUB 580 WEST MILL STREET SAN BERNARDINO, CA 92410 DEFERRED SUBMITTALS PROJECT DESCRIPTION SITE INFORMATION PROJECT TEAM APPLICABLE CODES CONTRACTOR NOTE ALL WORK SHALL COMPLY WITH THE FOLLOWING APPLICABLE CODES: 2022 CALIFORNIA BUILDING CODE 2022 CALIFORNIA ELECTRICAL CODE 2022 CALIFORNIA MECHANICAL CODE 2022 CALIFORNIA PLUMBING CODE 2022 CALIFORNIA FIRE CODE 2022 CALIFORNIA ENERGY CODE 2022 CALIFORNIA RESIDENTIAL CODE CITY OF SAN BERNARDINO MUNICIPAL CODE IN THE EVENT OF CONFLICT, THE MOST RESTRICTIVE CODE SHALL PREVAIL -CONTRACTOR SHALL COMPLETE INSTALLATION PER THE SIGNED AND THE SEALED SET OF DRAWINGS. ANY NECESSARY DEVIATIONS FROM THE DRAWINGS MUST BE SUBMITTED THROUGH AN RFI REQUEST PROCESS WITH ENGINEERING FOR AN APPROVAL PRIOR TO CONTRACTOR PROCEEDING WITH A DEVIATION OF THE SIGNED AND SEALED SET OF DRAWINGS. -CONTRACTOR SHALL VERIFY ALL PLANS, EXISTING DIMENSIONS AND CONDITIONS ON THE JOB SITE THEN IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK. 0 VICINITY MAP SCALE IN FEET 100 200 -FIRE SPRINKLER SYSTEM DESIGN AND CONSTRUCTION DOCUMENTS WILL BE SUBMITTED AS A DEFERRED SUBMITTAL BY THE BUILDING INSTALLER AND A FIRE SPRINKLER SYSTEM ENGINEER. -FIRE ALARM SYSTEM DESIGN AND CONSTRUCTION DOCUMENTS WILL BE SUBMITTED AS A DEFERRED SUBMITTAL BY THE BUILDING INSTALLER AND A FIRE ALARM SYSTEM ENGINEER. -ENCROACHMENT PERMITS FOR ANY PROPOSED RIGHT-OF-WAY SCOPE OF WORK. -DEMOLITION OF EXISTING SURFACES FOR THE INSTALLATION OF EV CHARGERS -GRADING OF SURFACES ASSOCIATED WITH EVSE TO COMPLY WITH ADA REQUIREMENTS -NEW SURFACES, STRIPING AND SIGNAGE ASSOCIATED WITH NEW EVSE -PROVIDE (39) DUAL PORT DC FAST CHARGERS (SERVES (78) EV STALLS) -PROVIDE (1) DUAL PORT LEVEL 2 CHARGER (SERVES (2) NON-EV STALLS) -PROVIDE (4) SINGLE PORT DC FAST CHARGERS (SERVES (4) PULL-THRU STALLS) -PROVIDE (15) 600KW POWER UNITS (EACH WITH (3) 200 KW SECTIONS) -PROVIDE (3) EVSE 4,000A SWITCHBOARD ASSEMBLIES -PROVIDE (1) HOUSE SWITCHBOARD ASSEMBLY (MODULAR/LIGHTING/SECURITY -PROVIDE INFRASTRUCTURE FOR (4) UTILITY TRANSFORMERS (TO BE INSTALLED BY UTILITY) -PROVIDE INFRASTRUCTURE FOR (1) UTILITY PMI SWITCHES (TO BE INSTALLED BY UTILITY) -PROVIDE INFRASTRUCTURE FOR (1) UTILITY CAPACITOR (TO BE INSTALLED BY UTILITY) -PROVIDE (3) PREFABRICATED (8'X16') MODULAR BUILDINGS FOR RESTROOMS, GUARD SHACK/IT, AND STORAGE ROOM PROPERTY OWNER: OCCIDENTAL PROPERTY LLC APPLICANT: EV MILL TENANT LLC EQUIPMENT SUPPLIER: EVSE: KEMPOWER POWER COMPANY: SOUTHERN CALIFORNIA EDISON SITE SUMMARY: SITE AREA: +/-3.61-ACRES DISTURBED AREA: +/-3.11-ACRES LATITUDE (NAD83): 34° 05' 32" LONGITUDE (NAD83): 117° 17' 44" ASSESSOR PARCEL NUMBER (APN): 1036-171-44 COUNTY: SAN BERNARDINO COUNTY PERMITTING JURISDICTION: CITY OF SAN BERNARDINO ZONING CLASS: CCS-1 - CENTRAL CITY SOUTH-1 FLOOD HAZARD AREA: THE SITE IS LOCATED IN FLOOD ZONE "X"1 (AREAS OUTSIDE 0.2% ANNUAL CHANCE FLOOD) ZONE "X"2 (AREAS 0.2% ANNUAL CHANCE FLOOD). PARKING SPOT COUNT: NON-EV:15 EV CAR:72 EV TRUCK:4 PROJECT BENCHMARK BENCHMARK: 60D NAIL WITH PINK CAP IN GROUND AS SHOWN IN TOPOGRAPHIC SURVEY ELEVATION: 1010.77 US SURVEY FEET (NAVD 88) DATUM: NAVD 88 OWNER: EV REALTY 34 CAROLINA AVENUE, SAN ANSELMO, CA 94960 CONTACT: SEAN KIERNAN EMAIL: SEAN@EVREALTYUS.COM CIVIL / LANDSCAPE: PARAMETRIX 150 NW PACIFIC PARK LANE, SUITE 110, BEND, OR 97701 CONTACT: DYLAN KREIGER EMAIL: DKREIGER@PARAMETRIX.COM ELECTRICAL: SAZAN GROUP 1030 NW BOND ST., SUITE 202, BEND, OR 97703 CONTACT: BRIAN DARRAH EMAIL: MNELSON@SAZAN.COM STRUCTURAL: CUSHING TERRELL 13 N. 23RD STREET, BILLINGS, MT 59101 CONTACT: ROLF ARMSTRONG EMAIL: ROLFARMSTRONG@CUSHINGTERRELL.COM ARCHITECTURAL: 541 ARCHITECTURE 2958 NW 19TH ST, REDMOND, OR 97756 CONTACT: JEFF WELLMAN EMAIL: JWELLMAN@541ARCH.COM MECHANICAL / PLUMBING: BUILDING MECHANICAL SYSTEMS INC. 410 GODDARD IRVINE, CA 92618 CONTACT: IMAN TOHIDIAN EMAIL: IMAN@BUILDINGMECHANICAL.COM 0 PROJECT SITE SCALE IN FEET 30 60 APN: 013617143 OWNER: CITY OF BERNARDINO APN: 013617135 OWNER: NACO CORPORATION APN: 013617129 OWNER: HA, DANIEL & HA, CHRISTINE KIM NGUYEN LIVING TRUST APN: 013617141 OWNER: FISCHER EDDIE ET AL APN: 013617140 OWNER: CHEN XUE APN: 013616262 OWNER: JDM SAN BERNARDINO INVESTMENT PROP L APN: 013616261 OWNER: JDM SAN BERNARDINO INVESTMENT DPH HIGH DESERT LLC APN: 013616254 OWNER: HASKINS, SCOTT & HASKINS, KRYSTAL APN: 013616255 OWNER: ZAAFRANI, SHAI APN: 013616256 OWNER: SAMARZA, MICHAEL APN: 013616253 OWNER: LOPEZ, JAIRO ANGEL PONCE APN: 013616252 OWNER: NAVARRETTE, MARCOS T APN: 013616251 OWNER: HILBIG, REX A & G REV TR W MILL ST PLANNING COMMENTS REVISIONS 06/19/2501 BUILDING DEPT. RESUBMITTAL 06/19/25 04 Sheet List Table Sheet Number Sheet Title C000 COVER SHEET C001 GENERAL NOTES, LEGENDS & SYMBOLS C100 EXISTING CONDITIONS - OVERALL D110 DEMOLITION PLAN - OVERALL C120 EXISTING & PROPOSED FENCING PLAN D200 EROSION & SEDIMENT CONTROL PLAN - OVERALL C300 SITE PLAN - OVERALL C310 VEHICLE ANALYSIS PLAN C400 GRADING & DRAINAGE PLAN - OVERALL C500 UTILITY PLAN - OVERALL C601 DETAILS C602 DETAILS C603 DETAILS C611 DETAILS - CITY C621 DETAILS - CALTRANS C622 DETAILS - CALTRANS C623 DETAILS - CALTRANS C631 DETAILS - ADS C641 DETAILS - OTHERS L100 LANDSCAPE PLAN & SCHEDULE L101 LANDSCAPE NOTES & DETAILS L200 IRRIGATION PLAN L201 IRRIGATION NOTES, DETAILS, & SCHEDULE S0.1 GENERAL STRUCTURAL NOTES S1.1 SITE FOUNDATION PLAN S2.1 FOUNDATION DETAILS A201 RESTROOM BUILDING A202 GUARD/IT BUILDING A203 STORAGE BUILDING A301 ELEVATIONS E000 GENERAL NOTES, ABBREVIATIONS AND SHEET INDEX M1.00 MECHANICAL NOTES, SCHEDULES, LEGEND, AND FLOOR PLANS M2.00 MECHANICAL ENERGY FORMS GUARD OFFICE M3.00 MECHANICAL ENERGY FORMS STORAGE P1.00 PLUMBING SCHEDULES, LEGEND, NOTES, DETAILS, & FLOOR PLAN P2.00 PLUMBING SPECIFICATIONS P3.00 CUT SHEETS FOR REFERENCE 1 COVER SHEET 2 GENERAL NOTES, LEGENDS & SYMBOLS 3 ENGINEERING CONDITIONS 4 SITE PLAN 5 DETAILS C401 DETAILED PHASE GRADING ANALYSIS E001 ELECTRICAL LEGEND E300 ELECTRICAL SITE PLAN - OVERALL E301 ELECTRICAL ENLARGED PLAN E302 ELECTRICAL ENLARGED PLAN E303 ELECTRICAL LIGHTING SITE PLAN - OVERALL E304 ELECTRICAL LIGHTING PHOTOMETRICS E501 ELECTRICAL ONE-LINE DIAGRAM MSB1 E502 ELECTRICAL ONE-LINE DIAGRAM MSB2 E503 ELECTRICAL ONE-LINE DIAGRAM MSB3 E504 ELECTRICAL ONE-LINE DIAGRAM MSB4 E505 ELECTRICAL SCHEDULES E601 ELECTRICAL DETAILS E602 ELECTRICAL EQUIPMENT CUTSHEETS E603 ELECTRICAL EQUIPMENT CUTSHEETS E608 TITLE 24 COMPLIANCE - LTG E609 TITLE 24 COMPLIANCE - ELEC E610 ELECTRICAL SPECIFICATIONS E611 ELECTRICAL SPECIFICATIONS AIA-C1 CALIFORNIA GREEN BUILDING STANDARDS AIA-C2 CALIFORNIA GREEN BUILDING STANDARDS AIA-C3 CALIFORNIA GREEN BUILDING STANDARDS AIA-C4 CALIFORNIA GREEN BUILDING STANDARDS C650 CONDITIONS OF APPROVAL C651 CONDITIONS OF APPROVAL PARKING STALL REALIGNMENT 07/11/25 03 PARKING STALL REALIGNMENT 07/11/25 6 CONDITIONS OF APPROVAL 7 CONDITIONS OF APPROVAL OFFSITE IMPROVEMENT PLANS 04 T001 GENERAL NOTES,SYMBOLS LEGEND, ABBREVIATIONS, ENLARGED PLANS T300 SITE PLAN - LOW VOLTAGE, DETAILS A204 STORAGE BUILDING 2 04 ELECTRICAL YARD RECONFIGURATION 08/01/25 ELECTRICAL YARD RECONFIGURATION 08/01/25 M4.00 MECHANICAL ENERGY FORMS TOILETS M5.00 MECHANICAL ENERGY FORMS STORAGE 204 7 Packet Page. 1240 G ST E ST ARROWHEAD AVE INLAND CENTER DRMILL ST §¨¦215 ^_MILL ST 16TH ST SPRUCE ST SIERRA WAYNINTH ST CAM PUS WAY 2ND ST MAGNOLIA AVE ORANGE SHOW RD 4TH ST RANCHO AVE 17TH ST BASE LINE ST SECOND ST PEPPER AV PACIFIC ST CEDAR AVE TIPPECANOE ST CENTRAL AVE MERIDIAN AVE SAN BERNARDINO AVE NORMAN RD PENNSYLVANIA AVE WATERMAN AVE CITRUS AVE EUCALYPTUS AVE ACADEMY ST MT.VIEW AVE COLTON AVE REDLANDS BLVD MILL ST §¨¦10 ·|}þ259 BASELINE ST £¤66 ·|}þ210 §¨¦215 §¨¦10 COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)ANNEXATION NO. 53 PROJECT MAP Packet Page. 1241 3 3 4 2 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Eric Levitt, City Manager Economic Development It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2026-060: 1. Authorizing 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. 54); and 2. Authorizing the levy of a Special Tax therein; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget with an appropriation of $15,000 in both revenues and expenditures; and 4. Set a Public Hearing for July 15, 2026. The City Manager recommends approval. The recommended actions are the first step of the annexation process for the proposed development into Community Facilities District (“CFD”) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate its impacts for maintenance service of public facilities as a result of the new development. The special taxes will be levied annually to offset general fund expenditures related to maintenance of public improvements within and for the benefit of the development. Packet Page. 1242 3 3 4 2 Background On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City. On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City. Discussion Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Public lighting and appurtenant facilities, including streetlights within public rights- of-way and traffic signals; and 2. Maintenance of streets, including street sweeping, pavement management and sidewalks; and 3. Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; and 4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed development includes approximately 1.44 gross acres of zoned commercial property. The property is located south of Highland Avenue and west of Del Rosa Avenue. This development will include a Quick Quack Car Wash building and a smaller building for employee use as a new Tax Zone No. 54 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing. Packet Page. 1243 3 3 4 2 The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 54), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $2,318 per acre for FY 2026/27. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Exhibit “H”, attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. •Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). •Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien. •Amend the Ordinance and order the levy and collection of special taxes in the District. The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $3,315 to be used to pay for maintenance costs. On June 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD. With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for July 15, 2026. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 1. Improved Operational & Financial Capacity and Key Target No. 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact Packet Page. 1244 3 3 4 2 All costs associated with annexation into the CFD have been borne by the Developer. This CFD annexation will amend the FY 2025/26 Operating Budget by $15,000 in both revenues and expenditures. There is no additional fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2026-060: 1. Adopting a Resolution of intention authorizing 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. 54); and 2. Authorizing the levy of a special taxes therein; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget with an appropriation of $15,000 in both revenues and expenditures; and 4. Set a Public Hearing for July 15, 2026. Attachments Attachment 1 – Resolution of Intention No. 2026-060 Attachment 2 – Exhibit A - Description of Territory Attachment 3 – Exhibit B - Description of Services Attachment 4 – Exhibit C - Rate and Method of Apportionment Attachment 5 – Exhibit D - Boundary Maps Attachment 6 – Exhibit E - Signed Petition Attachment 7 – Exhibit F - Notice of Public Hearing Attachment 8 – Exhibit G - Special Election Ballot Attachment 9 – Exhibit H - Maintenance Exhibit Attachment 10 – Project Map Ward: Second Ward Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. Packet Page. 1245 3 3 4 2 August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. CC: Eric Levitt, City Manager Packet Page. 1246 Resolution No. 2026-060 Resolution No. 2026-060 Page 1 of 4 June 3, 2026 RESOLUTION NO. 2026-060 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY 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. 53), AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN, AND AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2025/26 OPERATING BUDGET WITH AN APPROPRIATION OF $15,000 IN BOTH REVENUES AND EXPENDITURES WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice and word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District. SECTION 2. Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”. Packet Page. 1247 Resolution No. 2026-060 Resolution No. 2026-060 Page 2 of 4 June 3, 2026 SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 53, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D. SECTION 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory. SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C. SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof. SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 5:00 p.m., or as soon thereafter as practicable, on Wednesday, July 15, 2026, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1. SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019- 1. The publication of said notice shall be completed at least seven days prior to the date herein Packet Page. 1248 Resolution No. 2026-060 Resolution No. 2026-060 Page 3 of 4 June 3, 2026 fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act. SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday July 15, 2026 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot, the full text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference. SECTION 10. That 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 11. 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 12. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $15,000 in both revenues and expenditures. SECTION 13. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of June 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 1249 Resolution No. 2026-060 Resolution No. 2026-060 Page 4 of 4 June 3, 2026 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-060, adopted at a regular meeting held on the 3rd day of June 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this __ day of June 2026. Telicia Lopez, CMC, City Clerk Packet Page. 1250 EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 54 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APNs). APN Owner Name 0147-271-38 1435 East Highland, LLC Packet Page. 1251 EXHIBIT B DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. Packet Page. 1252 EXHIBIT C City of San Bernardino 1 Community Facilities District No. 2019-1 (Maintenance Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County. Packet Page. 1253 City of San Bernardino 2 Community Facilities District No. 2019-1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31. “CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). “City” means the City of San Bernardino. “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino. “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable. “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1. Packet Page. 1254 City of San Bernardino 3 Community Facilities District No. 2019-1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1. “Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit. “Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel. “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property. “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds. Packet Page. 1255 City of San Bernardino 4 Community Facilities District No. 2019-1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required. "Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property. “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD. "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property. B. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator. C. MAXIMUM SPECIAL TAX RATES For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi-family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs. For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Packet Page. 1256 City of San Bernardino 5 Community Facilities District No. 2019-1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs. 1. Special Tax A a. Developed Property (i) Maximum Special Tax A The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below: TABLE 1 MAXIMUM SPECIAL TAX A RATES DEVELOPED PROPERTY 1 TR 17170 Single Family Residential Property RU $961 (ii) Increase in the Maximum Special Tax A On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below: Packet Page. 1257 City of San Bernardino 6 Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2 MAXIMUM SPECIAL TAX A RATES APPROVED PROPERTY 1 TR 17170 Single Family Residential RU $961 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX A RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax A On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. 2. Special Tax B (Contingent) The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances: (a) The POA files for bankruptcy; (b) The POA is dissolved; (c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property (i) Maximum Special Tax B (Contingent) Packet Page. 1258 City of San Bernardino 7 Community Facilities District No. 2019-1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below: TABLE 4 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES DEVELOPED PROPERTY 1 TR 17170 Single Family Residential Property RU $0 (ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below: TABLE 5 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES APPROVED PROPERTY 1 TR 17170 Single Family Residential Property RU $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Packet Page. 1259 City of San Bernardino 8 Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below: TABLE 6 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows: First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone; Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property. 2. Special Tax B (Contingent) Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Packet Page. 1260 City of San Bernardino 9 Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement; Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property; Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property. E. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A. F. DURATION OF SPECIAL TAX For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided. For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided. G. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator. H. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s). Packet Page. 1261 City of San Bernardino 10 Community Facilities District No. 2019-1 (Maintenance Services) I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. Packet Page. 1262 City of San Bernardino 11 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) COST ESTIMATE Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2026-27. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1. TAX ZONE 54 APN 0147-271-38 Item Description Estimated Cost Total $3,315 Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may have Special Tax B Contingent Services being provided. TAX ZONE 54 FY 2026-27 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERTY AND APPROVED PROPERTY Non-Residential Property Acre $2,318 $0 TAX ZONE 54 FY 2026-27 MAXIMUM SPECIAL TAX RATES UNDEVELOPED PROPERTY Acre $2,318 $0 Packet Page. 1263 City of San Bernardino 12 Community Facilities District No. 2019-1 (Maintenance Services) TAX ZONE SUMMARY Tax Tract Fiscal Maximum Maximum Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined 27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre Corporation Packet Page. 1264 City of San Bernardino 13 Community Facilities District No. 2019-1 (Maintenance Services) Tax Tract Fiscal Maximum Maximum 43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC 44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC 45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC 46 46 To be determined 47 47 PM 17772 2024-25 $5,635 / Acre $0 / Acre CVP Hospitality CA LLC 48 48 1199-671-13 2024-25 $247 / RU $0 / RU Piedmont Venture I, LLC 49 49 0141-252-08 2024-25 $2,185 / Acre $0 / Acre City of Riverside 50 50 CUP 23-06 2024-25 $17,827 / Acre $0 / Acre Gateway SB, LLC 51 51 PM 19349 2025-26 $646 / Acre $0 / Acre LPC Arrowhead Area I, LP 52 To Be Determined 53 53 0136-171-44 2026-27 $1,455 / Acre $0 / Acre Occidental Property, LLC 54 54 0147-271-38 2026-27 $2,318 / Acre $0 / Acre 1435 East Highland, LLC ESCALATION OF MAXIMUM SPECIAL TAXES On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. Packet Page. 1265 City of San Bernardino 14 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. Packet Page. 1266 City of San Bernardino 15 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX C CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES Packet Page. 1267 MOUNTAIN AVE HI G H L A N D A V E 01 4 7 - 2 7 1 - 3 8 AN N E X A T I O N M A P N O . 5 4 CO M M U N I T Y F A C I L I T I E S D I S T R I C T N O . 2 0 1 9 - 1 (M A I N T E N A N C E S E R V I C E S ) CI T Y O F S A N B E R N A R D I N O CO U N T Y O F S A N B E R N A R D I N O , S T A T E O F C A L I F O R N I A SH E E T 1 O F 1 S H E E T TH I S M A P S H O W S T H E B O U N D A R I E S O F A R E A S T O B E AN N E X E D T O C O M M U N I T Y F A C I L I T I E S D I S T R I C T N O . 2 0 1 9 - 1 (M A I N T E N A N C E S E R V I C E S ) , O F T H E C I T Y O F S A N BE R N A R D I N O , C O U N T Y O F S A N B E R N A R D I N O , S T A T E O F CA L I F O R N I A . TH E B O U N D A R I E S O F W H I C H C O M M U N I T Y F A C I L I T I E S DI S T R I C T A R E S H O W N A N D D E S C R I B E D O N T H E M A P TH E R E O F W H I C H W A S P R E V I O U S L Y R E C O R D E D O N JU N E 6 , 2 0 1 9 I N B O O K 8 8 O F M A P S O F A S S E S S M E N T AN D C O M M U N I T Y F A C I L I T I E S D I S T R I C T A T P A G E 3 2 A N D AS I N S T R U M E N T N O . 2 0 1 9 - 0 1 8 5 3 2 3 I N T H E O F F I C E O F T H E CO U N T Y R E C O R D E R O F T H E C O U N T Y O F S A N B E R N A R D I N O , ST A T E O F C A L I F O R N I A . I H E R E B Y C E R T I F Y T H A T T H E W I T H I N M A P S H O W I N G P R O P O S E D BO U N D A R I E S O F C O M M U N I T Y F A C I L I T I E S D I S T R I C T 2 0 1 9 - 1 (M A I N T E N A N C E S E R V I C E S ) F O R T H E C I T Y O F S A N B E R N A R D I N O , CO U N T Y O F S A N B E R N A R D I N O , S T A T E O F C A L I F O R N I A , W A S AP P R O V E D B Y T H E C I T Y C O U N C I L O F T H E C I T Y O F S A N BE R N A R D I N O A T A R E G U L A R M E E T I N G T H E R E O F , H E L D ON T H E _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ _ _ . BY I T S R E S O L U T I O N N O . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CI T Y C L E R K , C I T Y O F S A N B E R N A R D I N O FI L E D I N T H E O F F I C E O F T H E C I T Y C L E R K T H I S _ _ _ _ _ D A Y O F __ _ _ _ _ _ _ , 2 0 _ _ _ _ . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CI T Y C L E R K , C I T Y O F S A N B E R N A R D I N O ^_ CF D 2 0 1 9 - 1 TA X Z O N E 5 4 ·|}þ18 ·|}þ33 0 §¨¦21 5·|}þ25 9 ·|}þ38 ·|}þ21 0 §¨¦10 £¤66 £¤66 LE G E N D AN N E X A T I O N A R E A B O U N D A R Y PA R C E L L I N E CI T Y B O U N D A R Y XX X X - X X X - X X A S S E S S O R P A R C E L N U M B E R 5 4 T A X Z O N E - TH I S M A P W A S F I L E D U N D E R D O C U M E N T N U M B E R __ _ _ _ _ _ _ _ _ _ _ _ , T H I S _ _ _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ , 2 0 _ _ _ _ , AT _ _ _ _ _ M . I N B O O K _ _ _ _ _ O F _ _ _ _ _ _ _ _ _ _ _ _ _ _ A T P A G E _ _ _ _ , AT T H E R E Q U E S T O F C I T Y O F S A N B E R N A R D I N O I N T H E A M O U N T OF $ _ _ _ _ _ _ _ _ _ _ _ _ _ . JO S I E G O N Z A L E S AS S E S S O R - R E C O R D E R SA N B E R N A R D I N O C O U N T Y BY : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D E P U T Y R E C O R D E R SA N B E R N A R D I N O C O U N T Y R E C O R D E R ' S C E R T I F I C A T E 54 Packet Page. 1268 Packet Page. 1269 PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1.The undersigned requests that the City Council of the City of San Bernardino (the “City”), initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district. 2.The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition. 3.The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto. 4.The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting. 5.Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code. 6.The undersigned hereby acknowledges and agrees that the measure submitted in connection with the special election referred to herein, as set forth in the ballot provided to the undersigned, asked voters whether or not the Community Facilities District should be authorized to levy a special tax in order to finance services (the Packet Page. 1270 "Services"), as specified in the Resolution No. 2019-081, adopted by the City Council of the City on June 5, 2019 (the “Resolution of Formation”). The Resolution of Formation described the Services to be financed by the Community Facilities District. The Rate and Method of Apportionment of the Special Tax for the Community Facilities District (the “Rate and Method”) is included in the ballot materials provided to the undersigned for the election (the “Ballot”). The Rate and Method contains detailed provisions specifying (i) the type of the Special Tax and the amount or rate of the Special Tax to be levied on each parcel of property in the Community Facilities District, (ii) the duration of the Special Tax (the fiscal year after which the Special Tax will no longer be levied), and (iii) the use of the revenue derived from the Special Tax to pay for the Services. The undersigned, having received and reviewed the Rate and Method and the Ballot will be, at the time it votes on the measure submitted to voters in the Ballot, in possession the type and amount or rate of the Special Tax, the duration of the Special Tax and the use of the revenue derived from the Special Tax, is fully informed with respect thereto and has a thorough understanding thereof. 7.The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure. IN WITNESS WHEREOF, I hereunto set my hand this day of , 20 . [NAME OF LANDOWNER] By: Name: Title: OWNER'S PROPERTY: TRACT MAP OR PARCEL MAP NO. or PROJECT NO. OWNER'S MAILING ADDRESS: FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS DAY OF , 20 . City Clerk of the City Council of the City of San Bernardino CUP 22-09 1435 Highland, LLC P.O. Box 7 Rialto, CA 92777 Packet Page. 1271 INSERT EXHIBIT A: BOUNDARY DESCRIPTION PARCEL “A”: THE NORTH 250 FEET OF LOT 4, BLOCK 7, ORANGE GROVE TRACT, WEST HIGHLANDS, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 11, PAGE 14 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE WEST 200.00 FEET. TOGETHER WITH THE SOUTH 8.75 FEET OF HIGHLAND AVENUE ADJOINING SAID PREMISES ON THE NORTH AS VACATED BY ORDER OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, A CERTIFIED COPY OF SAID ORDER BEING RECORDED DECEMBER 27, 1926, IN BOOK 179, PAGE 38, OF OFFICIAL RECORDS. CONTAINING 1.428 ACRES MORE OR LESS. FUTURE PARCEL NO. 147-271-38 Packet Page. 1272 INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP LOT MERGER Packet Page. 1273 Packet Page. 1274 Packet Page. 1275 Packet Page. 1276 Packet Page. 1277 Packet Page. 1278 Packet Page. 1279 Acknowledgment Regarding Property to be Included into Community Facilities District No. The developer/property owner of (Tract No. / Assessor’s Parcel No.) hereby acknowledges that: If the landscaping, drainage, lighting and eligible public improvements within the Community Facilities District No. the maintenance areas of (Assessor’s Parcel Nos.) , which is to be included in the Community Facilities District No. of the City of San Bernardino are completed prior to the levy and collection of special taxes upon property within said tract for the maintenance of such landscape and improvements, the developer/property owner will continue to be responsible for and will maintain the landscaping, drainage, lighting, and eligible public improvements within such maintenance areas at its sole expense, and the City will not assume responsibility for the maintenance of such landscaping, drainage, lighting and eligible public improvements until such time as the City is able to collect such special taxes to pay the costs of the maintenance of such landscaping, drainage, lighting, and eligible public improvements. DATED: OWNER(S): (Print Name) (Signature) (Title) (Print Name) (Signature) (Title) 147-271-33 147-271-33 1435 Highland, LLC (Scott Beard) Manager Packet Page. 1280 EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 54) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on June 3, 2026 adopted its Resolution No. 2026-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 5:00 p.m., or as soon thereafter as practicable, Wednesday, July 15, 2026 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the July 15, 2026 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-998-2680. DATED: ____________, 2026 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2026 Packet Page. 1281 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 54 (July 15, 2026) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 998-2680 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than July 1, 2026, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on July 15, 2026, at the Clerk’s office at 201 N. “E” Street, Bldg 201 A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on July 15, 2026. Very truly yours, Telicia Lopez, CMC, City Clerk Packet Page. 1282 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT 1435 East Highland, LLC Attn: Scott Beard PO Box 7 Rialto, CA 92377 0147-271-38 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE annual basis at the rate set forth in the following table: Land Use Category Taxable Unit Maximum Special Tax A plus an annual increase on each July 1, commencing on July 1, 2027 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside - San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 54 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including lighting, streets, and drainage as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2026-__ adopted by the City Council of the City of San Bernardino on June 3, 2026, and shall an appropriation limit be established for the Community Facilities District No. 2019-1 YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__. Scott Beard Manager Packet Page. 1283 N0 0 ° 0 3 ' 3 0 " E 8 9 1 . 4 7 ' N89°58'53"W 440.63' N89°58'53"W 440.25' HIGHLAND AVENUE N.A.P. APN: 0147-271-07 OWNER: ANKRUM FAMILY N.A.P. APN: 0147-271-04 OWNER: ANKRUM FAMILY N.A.P. APN: 0147-271-03 OWNER: SAKARIA DALJIT S & ELAINE FAM TR A N.A.P. APN: 0147-271-24 OWNER: SAKARIA DALJIT S & ELAINE FAM TR A N.A.P. APN: 0147-271-35 OWNER: GRANGER ASSOCIATES EXISTING BUILDING NORTH CFD MAINTENANCE AREA SHEET OF 1 1 DATE: 04.20.26 CFD MAINTENANCE SITE PLAN EXHIBIT 1435 EAST HIGHLAND AVENUE SAN BERNARDINO, CALIFORNIA Packet Page. 1284 UNNAMED RD HIGHLAND AVE DEL ROSA AVE MOUNTAIN AVE ^_ ·|}þ18 MILL ST 16TH ST SPRUCE ST SIERRA WAYNINTH ST CAMPUS WAY 2ND ST MAGNOLIA AVE 4TH ST BASE LINE ST MOUNTIAN AVE CITRUS ST PACIFIC ST 28TH ST FOOTHILL DR CEDAR AVE PARKDALE DR 34TH ST TIPPECANOE ST MT.VIEW AVE MILL ST ·|}þ259 ·|}þ210 LITTLEMOUNTAIN DR 48TH ST SIERRA WAY E ST 39TH ST NORTHPARK BLVD 45TH ST ORANGE ST SEINE AVE HIGHLANDAVE PIEDMONTDR BUCKEYE ST CHURCH AVE CLIFTON ST BUCKWHEAT AVE PALM AVE OLIVE TREE LN BURNS LN BASELINE STVILLA CT 29TH ST £¤66 §¨¦215 ALAMEDA ST HIGHLAND AVE COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)ANNEXATION NO. 54 PROJECT MAP Packet Page. 1285 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Eric Levitt, City Manager Economic Development It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-061, declaring its intent to conduct a public hearing to order the vacation of a portion of an alley way south of West Rialto Avenue and west of South Muscott Street, and reservation of utilities therein. No comments. A petition to vacate a portion of an alley way south of W Rialto Ave and west of S Muscott St was received on July 31, 2025, from the City of Colton, owners of a property located on the on the northern and southern side of this alley way (APN: 0142-222-48- 0000). The stated reason for the petition to vacate this portion of the street is due to the vacated lot will be part of the consolidated lot owned by the City of Colton for their Well and Water Reservoir site. Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of Packet Page. 1286 notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office. A petition to vacate a portion of an alley way south of W Rialto Ave and west of S Muscott St was received on July 31, 2025, from the City of Colton, owners of a property located on the on the northern and southern side of this alley way (APN: 0142-222-48- 0000). The stated reason for the petition to vacate this portion of the street is due to the vacated lot will be part of the consolidated lot owned by the City of Colton for their Well and Water Reservoir site. On March 18, 2026, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate the street. On March 23, 2026, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the City of San Bernardino Municipal Water Department, informing them of the proposed street vacation. Staff has received requests from the San Bernardino Municipal Water Department to reserve existing utility easements. Discussion The Resolution will set the date, time, and place of the public hearing as July 15, 2026, at 5:00PM at 555 West 6th Street, San Bernardino, California at the Feldheym Central Library. At that time, interested parties may present comments or evidence to the Mayor and City Council regarding the proposed street vacation. The Resolution of Intention will also direct staff to publish notices of the public hearing in the newspaper, as well as, positing notices along the proposed street vacation as required by the SHC sections 8322 and 8323. Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15-30-441, with reservation of utility easements therein, adopting a Categorical Exemption for the street vacation, and make a final order of vacation for the street as described in the Real Property Street Vacation. The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation 15.30-443 has been recorded with the San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC section 8324, the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation is not recorded until the conditions have been satisfied. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the Packet Page. 1287 public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way. Fiscal Impact There is no fiscal impact associated with this action. The applicant has paid $1,020 in fees. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-061, declaring its intent to conduct a public hearing to order the vacation of a portion of an alley way south of West Rialto Avenue and west of South Muscott Street, and reservation of utilities therein. Attachments Attachment 1 – Resolution No. 2026-061 Attachment 2 – Exhibit A – Legal Description Attachment 3 – Exhibit B – Plat Map Attachment 4 - Aerial Map Ward: Third Ward Synopsis of Previous Council Actions: March 18, 2025 The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of an alley way south of West Rialto Ave and west of South Muscott St, and reservation of utilities therein. CC: Eric Levitt, City Manager Packet Page. 1288 Resolution No. 2026-061 Resolution 2026-061 June 3, 2026 Page 1 of 3 RESOLUTION NO. 2026-061 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ORDER THE VACATION OF A PORTION OF AN ALLEY WAY SOUTH OF WEST RIALTO AVENUE AND WEST OF SOUTH MUSCOTT STREET, AND RESERVATION OF UTILITIES THEREIN WHEREAS, the Economic Development Department previously received a petition to vacate a portion of an alley way south of West Rialto Avenue and west of South Muscott Street, and the reservation of utilities therein; and WHEREAS, the real property street vacation is due to the vacated lot will be part of the consolidated lot owned by the City of Colton for their Well and Water Reservoir site; and WHEREAS, the street vacation will be beneficial to both the City of San Bernardino and the City of Colton in managing their property into a development that meets City’s commercial needs while satisfying the Development Code requirements; and WHEREAS, on March 18, 2025, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the alley; and WHEREAS, on March 23, 2025, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the San Bernardino Municipal Water Department informing them of the proposed street vacation. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council of San Bernardino, California hereby declares its intention to order the vacation of an alley way south of West Rialto Avenue and west of South Muscott Street (No. 15.30-441), and the reservation of utilities therein as described on the legal description attached hereto and incorporated as Exhibit “A” and depicted on the map attached hereto and incorporated herein as Exhibit “B”. SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating the above-described portion of said street, elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California. SECTION 3. The hour of 5:00 p.m., on Wednesday, June 4, 2026, at 555 West 6th Street, San Bernardino, California, 92410, is fixed as the time and place when and where all persons Packet Page. 1289 Resolution No. 2026-061 Resolution 2026-061 June 3, 2026 Page 2 of 3 interested in or objecting to the proposed vacation areas may appear before the Mayor and City Council of San Bernardino, California, and offer evidence in relation hereto. SECTION 4. The Mayor and City Council hereby direct the City Engineer of the City of San Bernardino to cause a Notice of Street Vacation to be posted as required by said “Public Streets, Highways and Service Easements Vacation Law.” SECTION 5. The City Clerk shall certify the adoption of this Resolution of Intention and shall cause the same to be published once per week for two successive weeks in The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date set forth for the public hearing. SECTION 6. 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 7. 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 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of June 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 1290 Resolution No. 2026-061 Resolution 2026-061 June 3, 2026 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-061, adopted at a regular meeting held on the 3rd day of June 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 4th day of June 2026. Telicia Lopez, CMC, City Clerk Packet Page. 1291 Packet Page. 1292 Packet Page. 1293 Packet Page. 1294 Street Vacation #15.30-441 Alley Way South of W Rialto Ave and West of Muscott St Packet Page. 1295 3 0 9 9 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Tarik Rahmani, Director of Finance & Management Services Finance & Management Services It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-062, setting the 2026 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino. No Comment The City of San Bernardino recommends that the Mayor and City Council adopt Resolution No. 2026-062, which sets the 2026 Regulatory Fee Rate at 10% for the sale of "safe and sane" fireworks. This fee is based on the gross sales of fireworks and aims to cover the regulatory costs associated with issuing permits and enforcing Municipal Code provisions. The City allows up to 35 licenses for nonprofit agencies to sell fireworks each year, with the regulatory fee split equally between licensees and suppliers. The anticipated cost of regulation and enforcement for 2026 is $214,619.81, while the estimated revenue from the 10% fee is $66,000. This action supports the City's strategic goal of improved operational and financial capacity and aligns with maintaining fiscal accountability. The City of San Bernardino is one (1) of eight (8) municipalities in the County of San Bernardino that allow for the sale, use, possession, and discharge of fireworks designated as “safe and sane.” Under the current provisions of the San Bernardino Municipal Code (SBMC), “safe and sane” fireworks are permitted in all areas south of the 210 Freeway in the City of San Bernardino (Exhibit A) from noon on July 1st through midnight on July 4th. The City currently allows up to 35 licenses to nonprofit agencies for the sale of “safe Packet Page. 1296 3 0 9 9 and sane” fireworks each year. In 2025, thirty-one (31) temporary use permits were issued for fireworks stands. A regulatory fee for the sale of “safe and sane” fireworks is established annually by the Mayor and City Council based on the gross sales of all fireworks sold in the City. The purpose of the regulatory fee is to raise funds to cover the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Municipal Code, including extra personnel time for inspection and enforcement duties. Discussion The regulatory fee amount is determined by the licensee's fireworks sales reported from the prior year. Each licensee is required to submit fireworks sales financial statements to the City Clerk’s Office no later than August 31 of every year. Half the regulatory fee is paid by the licensee, and the remaining half is paid by the fireworks supplier. In accordance with Section 8.60.095(B) of the Municipal Code, the regulatory fee rate shall not exceed more than ten (10) percent of the total gross sales of fireworks sold in the City during the prescribed timeframes (July 1st through July 4th). Each year, prior to imposing a fee, staff prepares a study (Exhibit B) of the anticipated costs associated with the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Municipal Code, including extra personnel time for inspection and enforcement duties. Exhibit B provides an assessment, itemized by department, of the costs associated with fireworks sales, including the staff time incurred by the Police Department, Finance Department for Business Registration, and other related costs. The Mayor and City Council must adopt this regulatory fee rate no later than 7:00 p.m. on July 1, as provided for in Section 8.60.095(B) of the Municipal Code. 2021-2025 Strategic Targets and Goals Revenue from the 2025 Regulatory Fee Rate of 10% for the sale of fireworks aligns with Key Target No. 1: Improved Operational and Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan. Fiscal Impact There is no fiscal impact with the adoption of this Resolution. Costs associated with enforcement and estimated revenues are included in the FY 2026/27 Operating Budget. The total estimated cost associated with regulating and enforcing the sale of "safe and sane" fireworks in the City this year (2026) is $214,619.81. Based on a 10% regulatory fee using the gross sales of all fireworks sold in the City in 2025 in accordance with Section 8.60.096(B) of the Municipal Code, the estimated revenue to be collected this year is $66,000. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-062, setting the 2026 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino. Packet Page. 1297 3 0 9 9 Attachments Attachment 1 Resolution No. 2026-062 Attachment 2 Exhibit A – Location Map Attachment 3 Exhibit B – Estimate of Expenditures for 2026 Ward: All Wards Synopsis of Previous Council Actions: June 4, 2025 Mayor and City Council adopted Resolution No. 2025-301 setting the regulatory fee at 10%. June 5, 2024 Mayor and City Council adopted Resolution No. 2024-131 setting the regulatory fee at 10%. June 21, 2023 Mayor and City Council adopted Resolution No. 2023-087 setting the regulatory fee at 10%. June 15, 2022 Mayor and City Council adopted Resolution No. 2022-128 setting the regulatory fee at 10%. June 2, 2021 Mayor and City Council adopted Resolution No. 2021-135 setting the regulatory fee at 10%. June 17, 2020 Mayor and City Council adopted Resolution No. 2020-130 setting the regulatory fee at 10%. June 5, 2019 Mayor and City Council adopted Resolution No. 2019-86 setting the regulatory fee at 10%. CC: Eric Levitt, City Manager Packet Page. 1298 Resolution No. 2026-062 Resolution 2026-062 June 3, 2026 Page 1 of 3 RESOLUTION NO. 2026-062 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, SETTING THE 2026 REGULATORY FEE FOR THE SALE OF SAFE AND SANE FIREWORKS IN THE CITY OF SAN BERNARDINO WHEREAS, on June 15, 2009, the Mayor and Common Council adopted an urgency ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring half of the fireworks regulatory fee to be paid by the licensee (the non-profit) and half to be paid by the fireworks company that supplies the product; and WHEREAS, on July 1, 2013, the Mayor and City Council adopted an urgency ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring the regulatory fee be set no later than 7:00 p.m. on July 1 of each year; and WHEREAS, prior to imposing the fee, the City is required to prepare a study of the anticipated costs associated with fireworks education, awareness, and enforcement. 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. That the Mayor and City Council of the City of San Bernardino, California, have determined that the total anticipated costs for the City to cover the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Municipal Code, including extra personnel time for inspection and enforcement duties, for the 2024 season has been calculated at $211,916. SECTION 3. Section 8.60.095 (B) of the City’s Municipal Code provides that the regulatory fee rate not exceed more than 10% of the gross sales of fireworks sold in the City during the prior year. SECTION 4. In the 2025 fireworks season, 10% of the total gross sales of fireworks as reported by the licensees, amounted to $65,069.38. SECTION 5. The Mayor and City Council hereby set a regulatory fee rate of 10%. SECTION 6. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that Packet Page. 1299 Resolution No. 2026-062 Resolution 2026-062 June 3, 2026 Page 2 of 3 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA SECTION 7. 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 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of June 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 1300 Resolution No. 2026-062 Resolution 2026-062 June 3, 2026 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-062, adopted at a regular meeting held on the 3rd day of June 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2026. Telicia Lopez, CMC, City Clerk Packet Page. 1301 Packet Page. 1302 Exhibit B Fireworks 2026 Deployment Expenditure Estimates Police Department OT Cost Straight time Cost June 27 (Saturday) $0 $6,355.98 June 28 (Sunday) $5,166.93 $0 June 29 (Monday) $0 $19,017.16 June 30 (Tuesday) $0 $34,348.47 July 1 (Wednesday) $0 $38,322.46 July 2 (Thursday) $0 $38,322.46 July 3 (Friday) $616.44 $19,395.29 July 4 (Saturday) $34,795.64 $6,355.98 July 5 (Sunday) $5,166.93 $0 Total $45,745.94 $162,117.80 Finance Department Number of Personnel Labor Cost Accounting Technician III 1 $5,048.65 Business Registration Manager 1 $1,707.42 Total $6,756.07 Total Expenditure Estimates $214,619.81 Public Education & Awareness Related to Regulatory Enforcement Community Affairs Social Media Campaign Straight Time Packet Page. 1303 3 3 8 3 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Andrea Russell, Director of Human Resources Human Resources It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and 2. Authorize the City Manager or designee to execute all related documentation. The City Manager recommends approval of the annual renewal for the listed insurances. The City purchases insurance policies through Public Risk Innovation, Solutions, and Management (PRISM), a member-directed risk sharing pool of public agencies committed to providing risk coverage programs and risk management services, which drive member stability, efficiency, and best practices. Staff is recommending renewing insurance coverage for the specific policies noted below: •Excess Workers’ Compensation Program •General Liability 2 Program (GL2) •Master Crime Program •Cyber Liability Program Packet Page. 1304 3 3 8 3 Background The City is one of the 70% of California cities that have pooled membership within PRISM. Members within a pooled insurance plan typically experience lower rate increases year-over-year as opposed to standalone coverage. PRISM seeks quotes from both domestic and international markets in order to fill the program insurance needs. When the final quote is selected, PRISM works with actuaries and underwriters to determine the premium allocation for each member based on their individual loss experience and exposure data. The General Liability market continues to see the same factors that have created extreme hard market conditions - nuclear verdicts and settlements driven by (among other things): •Legal system abuse •Changes in the regulatory and legal environment •Growing distrust of large corporations/government •An increasing propensity to sue •Courts/Juries favoring plaintiffs •An extremely aggressive and organized plaintiffs’ bar The dramatic increase in severity losses that the industry has experienced over the last decade has caused the hard market conditions we continue to face has similarly impacted PRISM’s GL programs as well. PRISM members have experienced the same sort of extreme large loss activity as others throughout the market, resulting in higher premiums in recent years. However, the ability to collectively retain more risk and the combined purchasing power of the group continues to produce a dramatically better result than what could be achieved through individual placements in the market. In what is a dramatically shrinking insurance market in terms of available capacity, just the fact that PRISM is able to purchase reinsurance, opens up additional markets that individual risks can’t access. As the liability environment that we operate within continues to re-set, PRISM remains the best solution for California public entities. The Excess Workers’ Compensation (EWC) market has its own set of problematic issues to hurdle. While EWC is currently the more stable line of coverage, the aging workforce, medical inflation, presumptions such as cancer, heart and posttraumatic stress, and the pandemic have disrupted the WC environment. While accident frequency in workers’ compensation has been steady, claim severity continues to trend upwards. This is especially true for catastrophic injury cases where the costs are rising dramatically and predicting future costs continues to be challenging. Packet Page. 1305 3 3 8 3 PRISM’s EWC Program size is an advantage. The size of the EWC Program creates stability and offers economies of scale that could not be realized without being in a large pool. Because of this, PRISM has been able to secure unique reinsurance agreements largely due to the Program’s premium volume. Discussion Excess Workers’ Compensation Program The City purchases excess workers' compensation insurance to cover employees if they are injured on the job. Coverage includes reimbursement for payments above the City’s self-insured retention (SIR). This includes compensation for temporary disability benefits at statutory rates, medical benefits, and some allocated expenses. The City’s current excess workers’ compensation coverage cost is $909,248 and has a $1 million self-insured retention (SIR) with a limit remaining at statutory coverage. Statutory coverage provides payment for claims up to the amount required by law, without limits. The FY 2026/27 premium is decreasing by at least 10% ($818,000). Excess General Liability Program The City purchases excess general liability insurance to protect against catastrophic incidents such as: bodily injury, property damage, personal injury, public officials’ errors and omissions liability, automobile liability and employment practices liability. The City’s current excess general liability insurance coverage cost is $2,300,085 and has a $5 million self-insured retention (“SIR”) with a limit of $25 million. The FY 2026/27 premium is increasing by up to 27% ($2,919,000) while Program premium projections assume increases of up to 40%. Master Crime Program The City purchases master crime insurance to protect against illegal acts committed by employees while on the job including theft, forgery, inside premises (theft of money and securities/robbery), computer fraud, money orders and counterfeit paper currency, and outside premises. The City’s current master crime coverage cost is $13,190 and has a $2,500 self- insured retention (“SIR”) with a limit of $15 million. The FY 2026/27 premium is increasing by up to 21% ($15,900). Cyber Liability Program The City purchases cyber liability insurance for reimbursement coverage in response to information security and privacy liability, website media content liability, cyber extortion and first party data protection. The City’s current policy cost is $21,512 and has a $100,000 SIR with a limit of $12 million. The FY 2026/27 premium is increasing by up to 85% ($39,800) while Program premium projections assume increases of up to 85%. Packet Page. 1306 3 3 8 3 The following chart summarizes the City’s current actual cost for insurance coverage, assuming no changes to coverage, deductibles and or retention. Insurance Type FY 25/26 Actual Premium FY 26/27 Maximum Estimated Cost Maximum Percentage Change Total Estimated Insurance Premium Costs $3,244,035 $3,792,700 16.9% 2021-2025 Strategic Targets and Goals Fiscal Impact Conclusion Attachments Ward: Synopsis of Previous Council Actions: Packet Page. 1307 3 3 8 3 July 2, 2025 The Mayor and City Council approved the annual renewal of the City’s Property insurance, excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance. CC : Eric Levitt, City Manager Packet Page. 1308 2026-2027 Insurance Renewal Presented June 2026 City of San Bernardino (STATE OF THE MARKET INFORMATION HAS BEEN CONSOLIDATED FROM VARIOUS INDUSTRY SOURCES) Packet Page. 1309 2 Contents 2025 Summary of Coverage 2026 Summary of Coverage General Liability Excess Workers’ Compensation Cyber Crime Packet Page. 1310 2025 Summary of Coverage Coverage Limits Deductible/SIR Premium General Liability $25,000,000 $5,000,000 $2,300,085 Excess Workers’ Compensation Statutory $1,000,000 $909,248 Cyber $18,000,000 $100,000 $21,512 Crime $25,000,000 $2,500 $13,190 3 Packet Page. 1311 2026 Summary of Coverage Coverage Limits Deductible/SIR Premium General Liability $25,000,000 $5,000,000 Estimated $2,661,000 to $2,919,000 Excess Workers’ Compensation Statutory $1,000,000 Estimated $795,000 to $818,000 Cyber $18,000,000 $100,000 Estimated $25,900 to $39,800 Crime $25,000,000 $2,500 Estimated $15,200 to $15,900 4 Packet Page. 1312 Insurance Market & Financial Performance Packet Page. 1313 6 General Liability Policy Year: July 1, 2025- July 1, 2026 Coverage Provided •Bodily injury •Personal injury •Property damage •Public Officials Errors and Omissions •Employment Practices Liability •Automobile Liability Excess Limit: $25,000,000 Self Insured Retention: $5,000,000 Packet Page. 1314 Casualty Market Drivers 7 General Liability & Excess Liability Increase in Catastrophic Losses •Sexual Misconduct •Law Enforcement Liability •Lifetime Care Costs •Punitive Damage Awards Organized Plaintiff Bar •Litigation Financing •Settlement pressure driven by Nuclear Verdict Potential Inflationary Pressures •Social Inflation Auto Liability Cost of vehicles (inflation) Workers Compensation Cost to repair (technology) Fatality Trends Distractive Driving – Cell Phones Robotaxis Rising medical costs Rapid rise of litigation costs Use of Autonomous Driving Increased fleet use of Electric Vehicles Aging Workforce Medical Cost Inflation Cancer & PTSD Presumptions Workplace Violence Medical Service Delays Out of State Exposure Accident Survivability Mental Health Aging Infrastructure Lack of market participation Packet Page. 1315 Per-Household Costs of the U.S. Tort System 8 Tort burden per household $2,000 - $2,750 $2,750 - $3,000 $3,000 - $3,750 $3,750 - $5,000 $5,000 + Alliant Insurance Services | Proprietary & Confidential Source: https://www.uschamber.com/lawsuits/hidden-costs-lawsuits-grow Valued 11/20/24 The map below is shaded according to tort costs per household in each state. State-specific data on the costs and compensation paid in the tort system is available. DC Packet Page. 1316 Factors Driving Up Values 9 Anchoring •Arbitrary numbers •Lump sum or per diem •The more you ask for, the more you get •1/3 of states limit anchoring in some way Reptile Theory •Use juror anger to instill a sense of fear or danger in jurors’ minds so they lash out at the perceived attackers (i.e. the Defendants) •Use safety rules to divert the jurors’ attention away from the real legal standard And… •Law Firm Advertising •The Plaintiff’s Bar •Third Party Litigation Funding •Legislative changes •Increasingly negative sentiment towards perceived bad actors or institutions Packet Page. 1317 10 Excess Workers’ Compensation Policy Year: July 1, 2025- July 1, 2026 The EWC Program provides the following special coverage features: •Volunteers included (subject to adoption of resolution by employer prior to injury) •No terrorism exclusion •PRISM staff will coordinate a claims audit within the first year of participation and/or change of TPAs, and every two years thereafter •Claims resources and oversight on the excess reportable claims by highly experienced Claims Specialists •Legislative advocacy on key workers’ compensation bills Excess Limit: Statutory Self Insured Retention: $1,000,000 Packet Page. 1318 Worker’s Compensation Trends/Outlook Trends to Watch 11 Rising medical costs for catastrophic claims: •Accident survivability •Increased life expectancy for catastrophically injured workers •Higher costs for medical care technology •30% increase in claims incurred over $10M in last 3 years 01 Enhanced care with AI tools02 Inflation, tariffs and stress on our medical system03 The risk and needs of an aging workforce04 Legal claim costs05 Uptick in cumulative trauma claims06 Mental health claims07 Return to office08 Packet Page. 1319 12 Cyber Policy Year: July 1, 2025- July 1, 2026 Coverage Provided •Information Security and Privacy Liability •Privacy Notification Costs •Regulatory Defense and Penalties •Website Media Content Liability •Cyber Extortion •First Party Data Protection Limit: $18,000,000 aggregate limit of liability for each member (aggregate for all coverages combined) subject to the $115,000,000 program aggregate limit of liability for all members combined Self Insured Retention: $100,000 Packet Page. 1320 Current State of Cyber Claims Ransomware Payments Payments made by victims to ransomware groups totaled $814M in 2024, down 35% from the record-high of $1.25B in 2023. (3) This is the first time ransom payments have declined since 2022. (1)NetDiligence Cyber Claims Study 2024 Report (2)Chainalysis cryptocurrency tracking data (3)IBM Cost of a Data Breach 2024 (4)Duane Morris Class Action Review 2025 As measured by the number of claims over the past 5 years, the financial services sector is among the top 5 most affected industries, which as a group account for 52% of all claims and 59% of total incident cost. (1) Ransomware and Business Email Compromise are the leading causes of loss. (1) The US has the highest average cost of a data breach of any country at $9.36M. (3) However, the percentage of attack victims paying a ransom has declined over the past five years as business are relying more on restoration, backups and remediation strategies. Data breach class actions are at record levels. There were 1,488 data breach class action filings in 2024, up from 1,320 in 2023 and more than double the amount in 2022. (4) The number of filings has risen by 1,265% over the last 6 years. 13 Packet Page. 1321 14 Crime Policy Year: July 1, 2025- July 1, 2026 Coverage Provided: Governmental Crime Policy on Discovery Form including: •Employee theft including Faithful Performance of Duty (Per Loss Coverage) •Forgery or alteration including Credit, Debit or Charge Card Forgery •Inside premises - Theft of money and securities •Inside premises - Robbery or safe burglary of other property •Computer fraud and funds transfer fraud •Money orders and counterfeit paper currency •Outside the premises Limit: $25,000,000 each occurrence Deductible per occurrence: $2,500 Packet Page. 1322 Contact Your Alliant Service Team Robert Lowe First Vice President Robert.Lowe@Alliant.com Kristen DesCombes Associate Producer Kristen.DesCombes@Alliant.com Packet Page. 1323 SBERC City of San Bernardino Public Risk Innovation, Solutions, and Management (PRISM) 2026/27 Budget Estimates, January 2026 0 This second round of premium estimates have been prepared to further assist members with budgeting for the 2026/27 fiscal year. Since the initial estimates provided in October, these projections have been updated to reflect estimated 2026/27 exposure information submitted through the renewal applications, as well as losses evaluated as of June 30, 2025. Pool rates have also been updated for the EWC and GL1 programs to incorporate the applicable expiring confidence levels and discount factors, which are scheduled for approval at the March Board of Directors meeting. Pool rates for the other programs, reinsurance and excess insurance premiums, and administrative costs, remain estimates at this stage. As such, members are encouraged to budget toward the high end of the provided range. Consistent with direction from the Board of Directors, these estimates are intentionally conservative; although final premiums may vary from these preliminary projections, staff makes every effort to keep final premiums within the provided range. Excess Workers' Compensation Program Premium 24/25 Premium:24/25 Premium:$652,569 2024/25 Estimated Payroll: $105,416,651 25/26 Premium:$909,248 2025/26 Estimated Payroll: $138,005,235 26/27 Estimated Premium:$795,000 to $818,000 2026/27 Estimated Payroll:$124,294,972 PRISM pool rates have been updated in these estimates and are pending approval by the PRISM Board of Directors at their March 2026 meeting. The estimate incorporates projected 2026/27 payroll exposures submitted through renewal applications and losses evaluated as of June 30, 2025. Reinsurance / excess insurance costs, as well as administrative expenses, remain estimated at this stage. These estimates also reflect the rating changes approved by the Board of Directors in October 2025, which will be phased in over a three-year period. For 2026/27, the rates are blended at 67% old and 33% new. Members reporting payroll increases greater than 7% compared to the prior year may experience premium changes outside the range provided in the October estimates. Additionally, members who experienced large claim development since last year's losses (evaluated as of June 30, 2024) will likely see premium changes outside of what was provided before as well. For entities electing to apply the 2024/25 payroll audit to the 2026/27 renewal, the audit adjustment is included in the total estimated collection shown. For entities settling the payroll audit outside of the renewal premium, the amount shown reflects the estimated renewal premium only. Packet Page. 1324 SBERC City of San Bernardino Public Risk Innovation, Solutions, and Management (PRISM) 2026/27 Budget Estimates, January 2026 0 General Liability 2 Program Premium 24/25 Premium:24/25 Premium:$2,049,093 2024/25 Estimated Payroll: $78,045,281 25/26 Premium:$2,300,085 2025/26 Estimated Payroll: $108,366,606 26/27 Estimated Premium:$2,661,000 to $2,919,000 2026/27 Estimated Payroll:$106,508,104 The liability market continues to hearden in response to rising claims costs. Based on market conditions, and the Board's direction to be conservative this early on in the process, these estimates reflect rate increases of 20% to 40% for the SIR to 10M layer, 15% to 30% within the 5M xs 10M layer, and 20% to 40% for the 10M xs 15M layer. These preliminary estimates have been formulated utilizing the 2025/26 final allocation and anticipating market rate fluctuations. Please note that individual member rates may vary depending on loss history development, changes in exposure, or other relevant factors. Therefore, we recommend budgeting towards the upper end of the range provided. The market based allocation of premium for the program will be evaluated and approved by the GL2 Committee in the Spring. Property Program Premium 24/25 Premium:24/25 Premium:$2,207,895 2025/26 AR TIV: $437,166,465 25/26 Premium:$2,273,844 2025/26 EQ TIV: $221,551,432 26/27 Estimated Premium:$2,156,000 to $2,540,000 The first version of the 2026/27 premium estimates sent in October had an overall premium range of -5% to +10% for most members. This estimate was based on 2025/26 binding Total Insured Values (TIV) and did not take into consideration property schedule updates. In these updated premium estimates, the premium ranges have been reduced for most members in consideration of the favorable property market and are based on updated TIV as of November 20, 2025, and loss history. Members with adverse loss development and/or TIV increases since the initial premium estimates may see premium increases higher than the range provided in October. We continue to recommend you budget towards at the high end of the range provided. Key Note: Large catastrophic events or economic downturn prior to the March 31, 2026 renewal could impact the property insurance marketplace and potentially affect the premium estimates. Packet Page. 1325 SBERC City of San Bernardino Public Risk Innovation, Solutions, and Management (PRISM) 2026/27 Budget Estimates, January 2026 0 Master Crime Program Premium 24/25 Premium:24/25 Premium:$13,709 25/26 Premium:$13,190 26/27 Estimated Premium:$15,200 to $15,900 The Master Crime Program is currently placed with AIG for the first $10M layer, Berkley for the $5M excess of $10M layer, Great American for the $5M excess of $15M layer, and with Crum & Forster for the $5M excess of $20M layer. The layers above AIG provide a $1M Faithful Performance sublimit, while the Great American layer includes a 5 times shared policy Annual Aggregate on this sublimit. At this time we recommend budgeting for a 10%-15% rate increase. Please note that exposure changes could impact the premium. For those members that do not currently purchase the optional $250,000 excess of $250,000 Impersonation Fraud coverage, we recommend budgeting $7,500 to $10,000 in addition to the budget estimates if there is interest in applying for that coverage. Cyber Liability Program Premium 24/25 Premium:24/25 Premium:$20,979 25/26 Premium:$21,512 26/27 Estimated Premium:$25,900 to $39,800 At this time, we recommend members with no paid or open claims, to budget for a 20% - 50% rate increase. For members that have paid losses or open claims with the potential for paid losses, please budget for a 20% - 85% rate increase. For members with significant losses and inadequate security controls, the increase may be larger. Packet Page. 1326 3 1 0 5 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Darren Goodman, Chief of Police Police It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-063: 1. Accepting the FY 2025/26 Citizens’ Option for Public Safety (COPS) funds in the amount of $696,568.59; and 2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $696,568.59 in revenues and expenditures, and 3. Authorizing the Police Department to commit and expend the FY 2025/26 COPS funds. The City Manager recommends approval. City Council is requested to accept $696,568.59 in Citizens’ Option for Public Safety (COPS) funds and authorize the related amendment to the FY 2025/26 operating budget and expenditure of funds by the Police Department. The COPS initiative, established pursuant to Assembly Bill 3229, provides annual state funding to support front-line enforcement services. For FY 2025/26, the City received a total of $696,568.59 in COPS funding. These funds will be used to support eligible public safety expenditures, including costs associated with the Axon Enterprise agreement for services and equipment not previously included in the adopted budget, as well as Packet Page. 1327 3 1 0 5 other eligible front-line operational needs in accordance with program guidelines. Background The Citizens’ Option for Public Safety (COPS) initiative established, pursuant to Assembly Bill 3229, provides annual state funding to support front-line law enforcement services. COPS funding generally consists of two components: a front-line allocation distributed annually to eligible jurisdictions and a growth allocation representing additional program funds made available above the base allocation. These funds are intended to supplement, not supplant, existing public safety resources and must be expended in accordance with a written request from the Chief of Police. Each year, the San Bernardino Police Department receives COPS funding through San Bernardino County, which serves as the pass-through agency for distribution of funds. Consistent with prior years, the Police Department uses these funds to support front-line law enforcement operations and other eligible public safety expenditures that enhance service delivery to the community. Discussion In October 2025, San Bernardino County notified the City of an estimated front-line allocation of approximately $340,378, to be distributed in monthly payments beginning in October 2025 through March 2026. The County also notified the City of an estimated FY 2025 growth allocation of approximately $349,840.50, to be paid in a lump sum. These figures were preliminary estimates for planning purposes. Actual payments received by the City totaled $696,568.59. Accordingly, the Police Department is bringing this item forward for City Council’s formal acceptance of the funds, approval of the related amendment to the current fiscal year operating budget, and authorization for the Police Department to expend the funds for eligible public safety purposes consistent with program guidelines. A portion of the funding will be used to support costs associated with the Axon Enterprise agreement for services and equipment that were not previously included in the City’s adopted budget. The remaining funds will be used for other eligible front-line public safety expenditures, including public safety software, training and operational support for front-line staff, and materials and supplies used in field operations, in accordance with program guidelines. 2021-2025 Strategic Targets and Goals This action aligns with Key Target No. 2b: Focused Aligned Leadership & Unified Community by investing in resources, technology, and tools to continually improve operational efficiency and effectiveness, and 3c: Improved Quality of Life by enhancing the quality of public safety services. Fiscal Impact There is no impact to the General Fund. Approval of this item will appropriate $696,568.59 in revenues and expenditures to the FY 2025/26 Operating Budget and Packet Page. 1328 3 1 0 5 authorize its expenditure. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-063: 1. Accepting the FY 2025/26 Citizens’ Option for Public Safety (COPS) funds in the amount of $696,568.59, 2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $696,568.59 in revenues and expenditures, and 3. Authorizing the Police Department to commit and expend the FY 2025/26 COPS funds. Attachments Attachment 1 – Resolution No. 2026-063 Acceptance of FY 2026 COPS Funds Ward: All Wards Synopsis of Previous Council Actions: May 21, 2025 Mayor and City Council adopted Resolution No. 2025- 142 accepting the FY 2024/25 COPS funds and amending the operating budget. June 5, 2024 Mayor and City Council adopted Resolution No. 2024- 134 accepting the FY 2023/24 COPS funds and amending the operating budget. June 21, 2023 Mayor and City Council adopted Resolution No. 2023- 080 accepting the FY 2022/23 COPS funds and amending the operating budget. CC: Eric Levitt, City Manager Packet Page. 1329 Resolution No. 2026-063 RESOLUTION NO. 2026-063 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE FULL FISCAL YEAR 2025/26 CITIZENS’ OPTION FOR PUBLIC SAFETY (COPS) FUNDS IN THE AMOUNT OF $696,568.59, AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2025/26 OPERATING BUDGET BY $696,568.59 IN REVENUES AND EXPENDITURES, AND AUTHORIZING THE POLICE DEPARTMENT TO COMMIT AND EXPEND THE FUNDS WHEREAS, the Citizens’ Option for Public Safety (COPS) initiative provides annual state funding dedicated exclusively to supporting front-line law enforcement services; and WHEREAS, the COPS funds are required to be formally accepted and appropriated by the City prior to expenditure in accordance with program requirements and established City procedures; WHEREAS, the COPS initiative requires that funds be used to supplement existing public safety resources and be expended in accordance with program guidelines and authorized departmental requests; and WHEREAS, the San Bernardino Police Department has identified eligible public safety needs that will enhance front-line law enforcement operations; 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 designee, is hereby authorized to accept the FY 2025/26 COPS funds in the amount of $696,568.59. SECTION 3. The Director of Finance and Management Services is hereby authorized to amend the FY 2025/26 Operating Budget to appropriate $696,568.59 in revenues and expenditures. SECTION 4. The San Bernardino Police Department is hereby authorized to commit and expend the allocated FY 2025/26 COPS funds for eligible front-line public safety purposes in accordance with program guidelines. SECTION 5. The Mayor and City Council find 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 Packet Page. 1330 Resolution No. 2026-063 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 3rd day of June 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 1331 Resolution No. 2026-063 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-063, adopted at a regular meeting held on the 3rd day of June 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2026. Telicia Lopez, CMC, City Clerk Packet Page. 1332 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Darren Goodman, Chief of Police Police 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 (PSA) and subsequent amendments with St. John’s Community Health, a community-based organization, to provide services relating to the BSCC Prop 47 Grant project; and 2. Authorize the Director of Finance and Management Services to issue a purchase order in an amount not to exceed $1,694,702 with St. John’s Community Health. The City Manager requests City Council authorization to execute a PSA in the amount of up to $1,694,702 with St John’s Community Health under the Prop 47 grant project. The Department was awarded $3,294,537 under the Board of State and Community Corrections (BSCC) Proposition 47 Cohort 5 Grant. The grant requires a minimum of fifty percent pass-through to community-based organizations (CBOs) and is intended to support mental health services, substance use disorder treatment, and recidivism reduction. The Department identified $1,694,702 of grant funds to invest in relevant support programs. A recent Request for Qualifications (RFQ) identified St. John’s Community Health as the most suitable community-based organization for this grant project. The Department requests authorization for the City Manager to execute a Professional Service Agreement necessary to partner with St. John’s Community Packet Page. 1333 Health and fulfill grant requirements. Background On March 18, 2026, the Mayor and City Council adopted Resolution 2026-028 authorizing the City Manager to accept and execute the BSCC Proposition 47 Cohort 5 Grant agreement and subsequent amendments, and the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget with an appropriation of $3,294,537 in both revenues and expenditures in grant funds. The City released RFQ F-25-6005 and identified St. John’s Community Health as the most qualified organization to provide supportive services for mental health services, substance use disorder treatment, and recidivism reduction support. Discussion The Police Department and City staff encounter a high number of individuals in the community who are susceptible to recidivism due to mental health, substance use, or housing challenges. This demonstrates the need for additional resources and expanded opportunities. The BSCC Proposition 47 grant will help facilitate the expansion of wraparound services to those vulnerable to recidivism, mental health challenges, and substance use disorders. In the original grant application, the Department proposed using $1,694,702 of grant funds, slightly over the fifty percent requirement, to contract with CBOs to support mental health services, substance use disorder treatment, and reduce recidivism. To fulfill this requirement, the City released RFQ F-25-6005, where promising organizations submitted their bids demonstrating their qualifications and capabilities of fulfilling grant requirements. The published RFQ sought organizations with experience in mental health services, substance use disorder treatment, case management, diversion programs, community engagement, partnership and coordination, performance monitoring, data reporting, and evaluation support. Following an extensive evaluation process on all RFQ bid submissions, St. John’s Community Health proved to be the best fit CBO and demonstrated the qualifications, capacity, and experience necessary to successfully implement the grant-funded services. Submissions were evaluated in accordance with the published RFQ criteria, including organizational experience, program capacity, staffing, data reporting capability, and demonstrated ability to deliver BSCC Prop 47 grant-funded services. Below is a list of organizations who submitted responses: RFQ Responses Bigger Than You Inc. IE Rebound Inspire Together Life Builders Operation New Hope Packet Page. 1334 SBX Youth and Family Services Something More St. John's Community Health The Exception The LOVE Program Young Visionaries Youth Leadership Academy The agreement with St. John’s Community Health contains a term from January 1, 2026, through June 30, 2029, which includes three service delivery years followed by a six-month closeout for completion of grant evaluation deliverables to BSCC. St. John‘s Community Health will be required to submit quarterly and timely reimbursement requests to the City for expenses already incurred. The vendor will only be reimbursed for services under this agreement that align with BSCC Prop 47 Grant Program goals. Staff will evaluate all reimbursement requests to ensure eligibility. 2021-2025 Strategic Targets and Goals Acceptance of the BSCC Proposition 47 Cohort 5 Grant funds aligns with Mayor and City Council Strategic Goal No. 3 Improved Quality of Life by reducing the impacts of the unsheltered through coordinated engagement and collaboration with community partners and enhancing public safety service by reducing recidivism through wraparound services. Fiscal Impact There is no impact to the General Fund. Approving the PSA will result in an impact of $1,694,702 to the State Grant Fund, sufficient budget exists within the FY 2025/26 operating budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1. The City Manager to execute a Professional Services Agreement (PSA) and subsequent amendments with St. John’s Community Health, a community- based organization, to provide services relating to the BSCC Prop 47 Grant project; and 2. The Director of Finance and Management Services to issue a purchase order in an amount not to exceed $1,694,702 with St. John’s Community Health. Attachments Attachment 1 – RFQual F-25-6005 Proposition 47 Grant Services Attachment 2 – PSA with St. John’s Community Health Packet Page. 1335 Ward: All Wards Synopsis of Previous Council Actions: March 18, 2026 - Acceptance of BSCC Proposition 47 Safe Neighborhoods and Schools Act Cohort 5 (All Wards) CC: Eric Levitt, City Manager Packet Page. 1336 CITY OF SAN BERNARDINO REQUEST FOR QUALIFICATIONS RFQUAL F-25-6005 PROPOSITION 47 GRANT PROGRAM SERVICES Published: June 3, 2025 CITY OF SAN BERNARDINO 290 North D Street San Bernardino, California 92401 Packet Page. 1337 Page 2 of 41 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 2 NOTICE INVITING VENDOR QUALIFICATIONS ........................................................... 4 1. INTRODUCTION ...................................................................................................... 6 2. BACKGROUND AND DESCRIPTION ..................................................................... 7 3. STATEMENT OF QUALIFICATIONS REQUIREMENTS ......................................... 8 i. Contact Information ........................................................................................ 8 ii. Content of SOQ.............................................................................................. 9 iii. Background and Experience .......................................................................... 9 iv. Fee Schedule ................................................................................................. 9 v. Exceptions Certification ................................................................................ 10 vi. Review and Selection Process ..................................................................... 10 vii. Date, Time, and Place of Submission .......................................................... 11 4. EVALUATION AND AWARD OF CONTRACT ....................................................... 11 i. Evaluation Criteria ........................................................................................ 11 ii. Oral Presentations/Interviews ...................................................................... 12 5. GENERAL PROVISIONS ....................................................................................... 13 i. Addenda ....................................................................................................... 13 ii. Alternative Responses ................................................................................. 13 iii. Withdrawal of Response .............................................................................. 13 iv. Reservations ................................................................................................ 13 v. Standard Contract ........................................................................................ 13 vi. Conflict Of Interest ....................................................................................... 14 vii. Non-Discrimination ....................................................................................... 14 Packet Page. 1338 Page 3 of 41 viii. Protest .......................................................................................................... 14 ix. Confidentiality of SOQ .................................................................................. 14 x. Prevailing Wage Requirements .................................................................... 15 EXHIBIT A ..................................................................................................................... 16 EXHIBIT B ..................................................................................................................... 21 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS ...................................... 40 REQUIRED BID SUBMITTALS CHECKLIST ................................................................ 41 Packet Page. 1339 Page 4 of 41 NOTICE INVITING VENDOR QUALIFICATIONS PROJECT NO. RFQUAL F-25-6004 PROPOSITION 47 GRANT PROGRAM SERVICES PUBLIC NOTICE IS HEREBY GIVEN that qualifications will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”) before 3:00 PM, June 22, 2025. Qualifications may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Qualifications received through any means other than PlanetBids, will be returned to the Vendor unopened. The City of San Bernardino is issuing this Request for Qualifications (RFQUAL) to identify and pre-qualify community-based organizations (CBOs) with proven experience in delivering mental health or substance use disorder treatment services. Qualified organizations will be considered for subcontracting opportunities under the City's forthcoming application to the Proposition 47 Grant Program (Cohort 5), administered by the Board of State and Community Corrections (BSCC). The City is seeking professional services to design, implement, and evaluate a comprehensive, evidence-based mental health and substance use treatment program. The program aims to reduce the address recidivism in relation to individuals experiencing challenges with mental health or substance use without contributing to mass incarceration. It will focus on identifying, engaging, and serving high-risk individuals through tailored interventions, including case management, conflict mediation, workforce readiness training, and reentry support. Services will be delivered over a three-year period from January 1, 2026, to December 31, 2028. Selected subcontractor will receive $1,500,000 to deliver key program components such as outreach, case management, trauma-informed services, and workforce development. Subcontractors will also be required to report outcomes and actively participate in coordination and evaluation efforts as part of the Proposition 47 Grant Program funding requirements. The award of contracts under this RFQUAL is contingent upon the availability of sufficient budget to support the proposed services. The City of San Bernardino reserves the right to reject any or all Statements of Qualifications if deemed not in the best interest of the City. 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. 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 Manager's Office upon request. The successful respondent shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Respondent to whom the Contract 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 Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid Statement of Qualifications, or enter into a contract to perform public work must be registered with the Department of Industrial Packet Page. 1340 Page 5 of 41 Relations (“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the respondent and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. The contract awarded pursuant to this Statement of Qualifications may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Interested respondents may download copies of the Request for Qualifications (“RFQUAL”) by visiting the City’s website, www.sbcity.org. All addenda will be published on the City’s website. For more information regarding the RFQUAL, please contact: The Project Manager for the City regarding this request will be Jennifer Broadnax, Procurement Contract Specialist, Finance Department, Purchasing Division, (909)384-7272, Ext. 3241, financepurchasing@sbcity.org or a designated representative, who will coordinate the assistance to be provided by the City to the Vendor. [END OF NOTICE INVITING VENDOR QUALIFICATIONS] Packet Page. 1341 Page 6 of 41 REQUEST FOR QUALIFICATIONS FOR PROPOSITION 47 GRANT PROGRAM SERVICES 1. INTRODUCTION The City of San Bernardino (“City”) is seeking qualifications from community-based organizations (CBOs) (“Firm”) for professional PROPOSITION 47 GRANT PROGRAM SERVICES (“Services”) to be provided. The Services sought under this Request for Qualifications (“RFQUAL”) are set forth in more detail in Exhibit “A” attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit A, the final scope of Services negotiated between City and the successful Firm shall be set forth in the “Professional Services Agreement” (“Agreement”) executed by and between City and the successful Firm. A copy of the Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference. This RFQUAL describes the Project, the required scope of Services, the consultant selection process, and the minimum information that must be included in the S tatement of Qualifications (“SOQ”). This RFQUAL will request each Firm to concisely state its qualifications and its concept for how the Firm and City will develop a constructive and effective partnership. The City is seeking a One-Million Five Hundred Thousand dollars ($1,500,000.00), three (3) calendar year agreement. The term of the agreement will be from January 1, 2026, to December 31, 2028, unless earlier terminated. The City reserves the right to review the successful Firm’s performance at the end of each year and cancel all or part of the agreement. With this funding, the Firm may only provide services to residents of the City of San Bernardino and must meet all of the following requirements both at the time of application and throughout the duration of the grant term, if awarded: • Be duly organized, in existence, and in good standing* for at least twelve (12) months prior to the Statement of Qualifications submission deadline of August 18, 2025; • Be recognized by the Internal Revenue Service as a 501(c)(3) nonprofit organization; • Be registered with the California Secretary of State as a nonprofit organization, if applicable; • Be registered with the California Attorney General’s Registry of Charitable Trusts, if applicable; • Possess a valid Employer Identification Number (EIN); • Hold a valid business license; • Have not filed for bankruptcy within the past seven years; Packet Page. 1342 Page 7 of 41 • Possess any other state or local licenses or certifications required to provide the proposed services (e.g., facility licensing from the Department of Health Care Services), if applicable; and • Maintain a physical address in California (P.O. Boxes are not accepted). 2. BACKGROUND AND DESCRIPTION The City is a charter law city located in San Bernardino County, California. The City is in need of Services for the following Project: The City of San Bernardino, in collaboration with the Proposition 47 Grant Program, Cohort 5, seeks qualified organizations to implement a comprehensive, multi-year strategy to support Mental Health Services, Substance Use Disorder Treatment and Diversion Programs for People in the Criminal Justice System . This project will focus on stabilizing individuals through mental health and substance use disorder treatment opportunities while diverting them from the criminal justice system The project will prioritize: • Mental health services • Substance use disorder treatment services • Diversion Programs • Individualized case management for wraparound support • Supplemental housing-related services and other community-based supportive services (e.g. job skill training, etc.) • Robust data collection, evaluation, and continuous performance improvement Program requirements All funded services must align with the BSCC Proposition 47 Cohort 5 guidelines, including: • The use of evidence-informed practices. • Development and implementation aligned with a clear logic model. • Prioritization of equity and culturally appropriate strategies. • A strong commitment to meaningful performance measurement and continuous quality improvement. Packet Page. 1343 Page 8 of 41 Applicants are strongly encouraged to review the BSCC Proposition 47 Grant Program Requirements for Cohort 5 prior to submission Preferred Organizational Qualifications The City is seeking organizations that demonstrate the following qualifications : • A minimum of two (2) years of experience implementing established supplemental housing-related services and other community-based supportive services (e.g. job skill training, mental health services, substance use disorder treatment, case management etc.) • Capacity to maintain a caseload of at least 25 high -risk individuals and 50 youth annually. • A staffing model that includes outreach workers with lived experience, clinical support staff, and program coordinators. • The organizational capacity to meet monthly and quarterly reporting requirements in a timely and accurate manner. One (1) community-based subcontractors will be awarded $1,000,000 to deliver essential components of the intervention model, including a variation of mental health or substance use disorder treatment accompanied by a form of case management and support services. The City will oversee monthly service planning and data review meetings to ensure accountability, promote service integration, and track measurable progress. Additionally, an external evaluator will work collaboratively with the City and subcontractors to assess program effectiveness and support continuous quality improvement efforts. Program success will be measured by treatment completions and reduction in recidivism, as well as improvements in community trust, individual life outcomes, and neighborhood safety. Additional indicators of success will include increased participant engagement and retention, improved employment and educational outcomes among participants, greater access to mental health and substance use disorder treatment services. Together, these measures will provide a comprehensive view of the program’s impact on individuals and community well-being. The City invites experienced community-based organizations and collaborative teams to submit qualifications demonstrating their ability to lead, implement, and expand this vital initiative. 3. STATEMENT OF QUALIFICATIONS REQUIREMENTS Each SOQ shall include the information described in this section. Additional information may be provided but should be brief and relevant to the goals of this RFQUAL. The maximum length of the SOQ is 10 pages and should be printed on 8 ½ X 11-inch paper, with standard size font. The SOQ should be submitted in PDF format. i. Contact Information Packet Page. 1344 Page 9 of 41 a. Name of the Firm. b. Firm contact information including e-mail address. c. Name, title, contact information for person authorized to contractually obligate the Firm. ii. Content of SOQ a. A brief statement of the Firm’s understanding of the scope of Services. b. Length of time the Firm has been in business. c. Any other information the Firm feels is appropriate in response to this RFQUAL. d. The signature of the person called out in Item 1.c above who is authorized to make offers of this nature in the name of the Firm submitting the SOQ. iii. Background and Experience a. Describe the Firm’s background, business expertise/experiences, specialties, and capabilities to perform the scope of services described in this RFQUAL. Provide the name(s) of the key personnel who would be assigned to work on the Project and a summary of their education and experience to demonstrate their qualifications. b. Describe any prior engagements in which the Firm assisted a public agency in services similar to those described in this RFQUAL. The City may request references prior to award. c. Describe any characteristics of the Firm that would be uniquely relevant in evaluating the experience of the Firm to handle the proposed Project. d. As the City may need Services immediately upon the selection of a consultant, please describe how the Firm intends to prepare for and undertake the needed tasks. Explain any reasons that would prevent the Firm from undertaking this Project in short order. Provide information regarding the Firm’s current staffing, current workload, and availability to perform the Services. iv. Fee Schedule a. Provide a complete time and materials fee schedule for the Services provided by the Firm, including hourly rates for all proposed staff. Please include all costs that are typically billed separately as direct expenses (e.g. copy or document delivery fees). Prices provided by Firms in response to this RFQUAL are valid for 120 days from the SOQ due date. The City Packet Page. 1345 Page 10 of 41 intends to award the contract within this time but may request an extension from the Firms to hold pricing, until negotiations are complete, and the contract is awarded. v. Exceptions Certification a. In submitting a SOQ in response to this RFQUAL, the Firm is certifying that it takes no exceptions to this RFQUAL including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the SOQ and may be reason for rejection of the SOQ. As such, each Firm is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein. vi. Review and Selection Process The responses to the RFQUAL will be reviewed by a selection committee likely to be comprised of City staff and third-party participants. Following review of the responses, the committee may elect to interview some or all of the respondents. The tentative schedule is as follows: ACTION DATE Release of Request for Qualifications June 3, 2025 Last Day to Submit Questions for Clarification received by the City before 3:00 PM June 10, 2025 Clarifications Issued by City by the end of the day June 17, 2025 Deadline for Receipt of Statement of Qualifications Statements of Qualifications (SOQs) submitted before 3:00 PM June 22, 2025 Evaluations of Statement of Qualifications (SOQs) Completed July 2025 Vendor Selections (Notification of Qualified Firms) July 2025 Packet Page. 1346 Page 11 of 41 Notification of Intent to Award July 2025 City Council Approval of Award September 2025 Execution of Agreement September 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 RFQUAL at any time. vii. Date, Time, and Place of Submission SOQs must be received via PlanetBids.com before 3:00 PM on June 22, 2025. Submission of SOQs by facsimile or e-mail is not acceptable. LATE SUBMISSIONS WILL NOT BE ACCEPTED. Modifications of SOQs received after the deadline specified in this section will not be considered. 4. EVALUATION AND AWARD OF CONTRACT i. Evaluation Criteria Evaluation of RFQUAL’s will be based on the competitive selection process, in which the evaluation of RFQUAL’s will not be limited to price alone. Technical merits and evaluation of how well the Firm understands the Project will be taken into consideration. The following criteria will be considered in evaluating each SOQ: 1. Qualification, experience and technical competence of the Firm; 2. Qualification, experience and technical competence of key Firm personnel who will be responsible for overseeing and performing the work requested in the RFQUAL; 3. Familiarity with the type of issues, sensitivities, and challenges associated with the engagement; 4. Demonstrated ability to perform tasks timely and efficiently and to immediately undertake the Project; 5. Quality of written work; and Packet Page. 1347 Page 12 of 41 6. Exceptions, if any, taken to the RFQUAL including, without limitation, the Agreement. 7. Cost of requested Services and willingness to work with City to minimize costs. 8. Experience with High-Risk Populations – Demonstrated success in engaging and supporting individuals with a criminal history, including those who are formerly incarcerated, experiencing challenges with mental health or substance use disorder or are unhoused. 9. Cultural Competency & Trauma-Informed Care – Proven ability to implement culturally responsive and trauma-informed practices that are tailored to the lived experiences of the target populations. 10. Data Collection & Reporting Capacity – Demonstrated experience utilizing data management systems (e.g., HMIS or equivalent platforms) and the ability to collect, track, and report outcome metrics required by BSCC Proposition 47 guidelines. 11. Evaluation Readiness – Commitment to participating in process and outcome evaluations, including timely data sharing, administration of staff surveys, collection of client feedback, and active coordination with external evaluators. 12. Case Management System – A robust and structured system for needs assessment, individualized service planning, progress tracking, and outcome documentation for program participants. 13. Community Trust & Partnerships – Evidence of established and trusted relationships within the community, particularly with key referral partners such as hospitals, schools, law enforcement, and social service agencies . 14. Staffing & Organizational Stability – Demonstrated staff qualifications, ongoing training protocols, strong management infrastructure, and low staff turnover rates to support program delivery in high-risk environments. 15. Budget & Cost Effectiveness – A clear, realistic, and performance-aligned budget directly tied to program activities, demonstrating efficient use of resources and flexibility to adjust based on client needs and performance outcomes. 16. Innovation and Adaptability (Bonus Criterion) - Demonstrated ability to innovate service delivery models, adapt strategies based on community needs and emerging best practices, and integrate new approaches that enhance violence prevention outcomes. ii. Oral Presentations/Interviews Packet Page. 1348 Page 13 of 41 The top 5 most qualified firms as evidenced by SOQ may be invited for an oral interview/presentation. 5. GENERAL PROVISIONS i. Addenda The City may modify this RFQUAL prior to the date fixed for SOQ submission by issuance of an addendum. All addenda shall be posted to www.PlanetBids.com. It shall be each Firm’s sole responsibility to ensure that they have received and/or reviewed all addenda prior to submission of their SOQ. ii. Alternative Responses Only one final SOQ is to be submitted by each Firm in response to this RFQUAL. Multiple SOQs will result in rejection of all SOQs submitted by the Firm. iii. Withdrawal of Response The Firm may withdraw its SOQ in response to this RFQUAL by doing so at www.PlanetBids.com prior to the time and date specified for submission to the City at the web address listed above. SOQs may be withdrawn and resubmitted in the same manner if done so before the SOQ submission deadline. Withdrawal or modification offered in any other manner will not be considered. iv. Reservations The City reserves the right to cancel this RFQUAL at any time prior to contract award without obligation in any manner for any Firm’s SOQ preparation, interview, fee negotiation or other marketing costs associated with this RFQUAL. The City may reject any or all SOQs and may waive any immaterial deviation in a SOQ. The City’s waiver of an immaterial defect shall in no way modify the RFQUAL or excuse the Firm from compliance with the other provisions of this RFQUAL. The City reserves the right to contract for the Services in the manner that most benefits the City including awarding more than one contract if desired. All costs incurred in the preparation of the SOQ, in the submissions of additional information and/or in any other aspect of a SOQ prior to the award of a written contract will be borne by the Firm. All SOQs submitted to the City in response to this RFQUAL shall become the property of the City. v. Standard Contract Packet Page. 1349 Page 14 of 41 Prior to the performance of any Services, the City and the selected Firm shall enter into a written contract using the attached Agreement. If the Firm fails or refuses to enter into a written contract, the City may, in its sole discretion, proceed to enter into a written contract with the next highest ranked Firm(s) or may reject all SOQs and determine whether it is in the City’s best interests to reissue the RFQUAL. vi. Conflict Of Interest As a City consultant, the Firm or its key personnel for this Project may be subject to the conflict of interest provisions of the Political Reform Act, Government Code section 1090, and other conflict of interest and public ethics laws. vii. Non-Discrimination The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract . viii. Protest Should any Firm protest the award to the Firm offering the most advantageous Statement of Qualifications after consideration of all Evaluation Criteria, such protest must be made in writing to the Purchasing Agent. All protests must be filed and will be adjudicated in compliance with the City Municipal Code Section “I-2-3.19 –Bid Protest”. ix. Confidentiality of SOQ Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, SOQs submitted in response to this RFQUAL shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Firm have completed negotiations and entered into an Agreement or City has rejected all SOQs. All correspondence with the City including responses to this RFQUAL will become the exclusive property of the City and will become public records under the California Public Records Act. Furthermore, the City will have no liability to the Firm or other party as a result of any public disclosure of any SOQ or the Agreement. If a Firm desires to exclude a portion of its SOQ from disclosure under the California Public Records Act, the Firm must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factu al basis for claiming the exemption – failure to include the legal basis for the exemption shall be deemed a waiver of the Firm’s right to preclude the City’s release of the requested SOQ in response to a Public Records Act request. For example, if a Firm submits trade secret information, the Firm must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City is not in a position to establish that the information that Packet Page. 1350 Page 15 of 41 a Firm submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary”, the City will provide Firms who submitted the information with reasonable notice to seek protection from disclosure by a court o f competent jurisdiction. x. Prevailing Wage Requirements Firms shall take cognizance 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 work” and “maintenance” projects. The Firms must agree to fully comply with and to require its subcontractors/subconsultants to fully comply with such Prevailing Wage Laws to the extent applicable. [END OF SECTION] Packet Page. 1351 Page 16 of 41 EXHIBIT A SCOPE OF SERVICES Proposition 47 Program (BSCC Proposition 47 Grant Program Cohort 5) Project Overview The Subcontractor shall implement services under the City of San Bernardino’s Proposition 47-funded initiative from January 1, 2026, through December 31, 2028. The program’s mission is to prevent retaliatory and network-based violence through trauma- informed, community-centered interventions delivered by culturally competent professionals. Services will focus on individuals most at risk of being victims or perpetrators of violence. The City will monitor program implementation, receive regular data and progress updates, and coordinate across partners to ensure fidelity to the intervention model. Services will be delivered in accordance with the BSCC Proposition 47 Cohort 5 funding priorities and performance metrics. Subcontractors are expected to maintain service fidelity, ensure quality assurance across activities, and adhere to BSCC Proposition 47 data collection standards. Funding is contingent upon meeting minimum service thresholds, data reporting compliance, and participation in coordinated planning and evaluation. Subcontractors that do not meet performance benchmarks may be subject to contract modification, reduction in scope, or termination. Key Subcontractor Activities 1. Mental Health Services and/or Substance Use Disorder Treatment • Conduct outreach and engagement with individuals in need of services or treatment relating to mental health or substance use disorders • Respond to referrals for individuals in need of services or treatment relating to mental health or substance use disorders • Employ de-escalation strategies, mediation, and safe passage efforts. • Participate in City-led service coordination and performance management meetings. • Engage individuals and families impacted by mental health or substance use disorders. • Maintain documentation of patient assistance using City-approved templates or tools. 2. Case Management Packet Page. 1352 Page 17 of 41 • Maintain a caseload of at least 25 high-risk participants per year • Conduct five high-quality client contacts per week (at least two in person). • Create and maintain “Service Plans” for clients addressing personal goals relating to their challenges. • Provide support services including relocation, mentoring, and referrals for substance use, housing, and mental health. • Ensure 75% of clients are referred through service coordination meetings or community engagement. • Complete initial intake assessments within 7 business days of enrollment. 3. Diversion Programs • Program to support alternatives to traditional criminal prosecution that aim to guide individuals into supportive services • Provide or connect participants to vocational training, job placement assistance, and continuing education programs. • Support rehabilitation and long-term stability • Track program outcomes post-placement 4. Community Engagement • Develop and implement localized engagement plans including cultural and wellness events. • Promote participation of individuals at highest risk and trusted community leaders in public safety and healing strategies. • Submit monthly engagement reports including activities and outreach strategies. • Include community feedback and suggestions from event participants in monthly reports. 5. Partnership and Coordination • Collaborate with local stakeholders, including schools, hospitals, faith-based organizations, and law enforcement (as appropriate). • Share promising practices and lessons learned. 6. Performance Monitoring & Data Reporting • Track and report services, participant progress, and outcomes using City’s approved system. • Contribute data on the following BSCC Prop 47 metrics: o Individuals’ information that includes topics relating to demographics, education, employment, criminal history, and program participation Packet Page. 1353 Page 18 of 41 o Reduction in victimization, recidivism, and justice system contact o Improvement in client life satisfaction and mental well-being • Submit monthly and quarterly reports with supporting documentation as outlined in the City’s invoicing and reimbursement guidelines. • Data must be entered into the City's approved system within 3 business days of service delivery. 7. Evaluation Support • Collaborate with an external evaluator to assess program effectiveness. • Participate in surveys, qualitative assessments, and interviews as part of a formal outcome and process evaluation. • Subcontractors must: o Support the collection of pre- and post-intervention surveys. o Participate in biannual fidelity assessments. o Submit participant narratives or case studies upon request. o Use City-approved assessment tools (e.g., client risk/needs assessment, mental health/substance use history questionnaire) o Support qualitative interviews with clients or staff to evaluate program impact and barriers. • Address any corrective actions or evaluation findings within 30 days of notice. 8. Program Objectives (2025–2028) • Enroll 75 high-risk individuals in case management and prevention services over the three-year grant period. • Maintain a 70% participant retention rate annually across case management and prevention tracks. All services must reflect a commitment to equity, cultural responsiveness, and trauma - informed care in alignment with BSCC Proposition 47 Cohort 5 guidance. Schedule of Charges & Reimbursement The Consultant shall submit complete and timely monthly invoices no later than the 10th calendar day of each month for services performed in the preceding month, along with supporting documentation for every project-related expense, in accordance with Section 4 of the Agreement. All documentation must clearly identify the funding source (BSCC Proposition 47 Cohort 5) on invoices or attachments. If the Consultant fails to provide complete supporting documentation for any project - related expense in a submitted invoice, the City reserves the right to withhold payment on the affected portions of the invoice until all required documentation is receive d and approved. Packet Page. 1354 Page 19 of 41 Consultant invoices must include a detailed description of services performed and the associated time for completion. The City shall remit payment for approved invoices within forty-five (45) days from receipt of a complete and acceptable invoice package. Required Supporting Documentation by Expense Type: Personnel Cost (Documentation related to salaries, wages, and fringe benefits for staff assigned to the Proposition 47 project.) • Staff allocation sheet reflecting project work. • Timesheets showing percentages of time worked on the project, signed and dated by both employee and supervisor. o Electronically submitted timesheets are acceptable if they include supervisor approval (wet signature or electronic). • Payroll register or copies of processed paychecks. • Invoices and proof of payment (e.g., canceled check, bank statement) for fringe benefits, if applicable. Contractual Services (Documentation related to consultants, vendors, and subcontracted services.) • Signed invoices indicating the service period, services provided, and number of hours billed (if applicable). • Proof of payment (copy of canceled check and matching bank statement) for all consultants and vendors, including address and contact information. • For subcontractors: submit a copy of the subcontractor’s invoice, canceled check, and corresponding bank statement. Participant-Related Costs (Documentation related to expenses for program participants such as incentives, supplies, or transportation.) • Invoices include date, company name, address, contact information, and itemized costs. o All invoices and receipts must be dated within the month for which the expenditure report is submitted. • Proof of payment (e.g., canceled check, bank statement, credit card receipt). • For gift cards, prizes, gifts, or other incentives: o Submit a distribution form identifying recipients, item amounts, and signatures. o Maintain proof of receipt signed by the client or family member, including the recipient's name, date, item source and amount, and relationship to the client (if applicable). o Submit copies of the front and back of each distributed gift card showing serial numbers. Packet Page. 1355 Page 20 of 41 • For program events and field trips: o Submit sign-in sheets with event name, date, and location. Other Costs (Documentation for miscellaneous project expenses not covered under other categories.) • Invoices that include date, company name, and itemized costs. • Receipts for all purchased items, dated within the applicable month. • Proof of payment (copy of canceled check, bank statement, or credit card receipt). Consultant shall submit complete and timely monthly invoices no later than the 10th calendar day of each month for services performed in the preceding month. Said invoice shall be based on the total of 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Packet Page. 1356 Page 21 of 41 EXHIBIT B CITY OF SAN BERNARDINO 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***], 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 [***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: PROPOSITION 47 GRANT PROGRAM (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 Statement of Qualifications. 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 Packet Page. 1357 Page 22 of 41 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.” 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 amend ment 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. 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 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 the completion of services as set forth in Exhibit “A,” 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. Packet Page. 1358 Page 23 of 41 b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamatio ns 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. Packet Page. 1359 Page 24 of 41 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 to 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 fr om 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. Packet Page. 1360 Page 25 of 41 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. Packet Page. 1361 Page 26 of 41 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 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. Packet Page. 1362 Page 27 of 41 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 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 Packet Page. 1363 Page 28 of 41 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 add itional 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. Packet Page. 1364 Page 29 of 41 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 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 Packet Page. 1365 Page 30 of 41 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 percenta ge 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 Packet Page. 1366 Page 31 of 41 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 A ct 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, 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 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 Packet Page. 1367 Page 32 of 41 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, Consu ltant 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 A greement 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 an employee 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”***] With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: [***INSERT NAME, ADDRESS & CONTACT PERSON***] Packet Page. 1368 Page 33 of 41 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 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. Packet Page. 1369 Page 34 of 41 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. 44. 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 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 Packet Page. 1370 Page 35 of 41 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. 1371 Page 36 of 41 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: Bill Gallardo Interim 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. 1372 Page 37 of 41 EXHIBIT A [***ATTACH OR INSERT: Scope of Services / Schedule of Charges and Payments / Activity Schedule***] Packet Page. 1373 Page 38 of 41 [***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 is 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. Packet Page. 1374 Page 39 of 41 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 rate is expressed in a 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, were the samples 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. 1375 Page 40 of 41 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS VENDOR NAME: PHONE: ADDRESS: The respondent 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. The insurance requirements are detailed below: MINIMUM INSURANCE REQUIREMENTS RFQUAL F-25-6005 PROPOSITION 47 GRANT PROGRAM 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 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: DATE: ______ ___________ _ Packet Page. 1376 Page 41 of 41 REQUIRED BID SUBMITTALS CHECKLIST FOR RFQUAL F-25-6005 PROPOSITION 47 GRANT PROGRAM SERVICES 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 Required - Statement of Qualifications ☐ 2 Required - Acknowledgement of Insurance Requirements ☐ 3 Optional - DBE Form ☐ [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Packet Page. 1377 Page 1 of 30 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ST. JOHN’S COMMUNITY HEALTH This professional services agreement (“Agreement”) is made and entered into as of [________], 2026 (“Effective Date”), 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, California 92401) (“City”) and St. John’s Community Health (a non-profit organization with its principal place of business at 1500 North Waterman Avenue, San Bernardino, California 92404) (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”. RECITALS A. City was awarded the Board of State and Community Corrections (“BSCC”) Proposition 47 Grant Program Cohort 5 Services (“Program”) to implement a comprehensive multi-year strategy to support mental health services, substance use disorder treatment, and diversion programs for people in the criminal justice system; and B. City issued request for qualifications RFQUAL F-25-6005 dated June 3, 2025 (“RFQ”) for the Program; and C. Consultant submitted its proposal in response to the RFQ on June 20, 2025 and D. Consultant represents that it is experienced in providing professional services for behavioral health services, substance use disorder treatment, medical services, case management, and supportive services for individuals eligible under BSCC Program requirements; and possesses the necessary expertise, resources, and personnel to complete the project in a timely and professional manner as specified herein; and E. The City Council approved the selection and award of the Agreement to Consultant on [________]; and F. 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. 1378 Page 2 of 30 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 as set forth in Exhibit A, attached hereto and incorporated herein by reference. In the event of any inconsistency between the terms of the Exhibit A and this Agreement, the terms of this Agreement shall govern. 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 4b below, the City shall pay for the services as set forth in the Fiscal Provision and Budget (attached hereto as Exhibit B and incorporated herein by reference). In the event of any inconsistency between the terms of the Exhibit B and this Agreement, the terms of this Agreement shall govern. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of one million, six hundred and ninety- four thousand, seven hundred and two dollars ($1,694,702). This amount is to cover all related Program costs for the duration of the term, and the City will not pay any additional fees. Consultant may submit invoices to City for approval. The said invoice shall be based on the total of all Consultant’s services which have been completed to the 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 the Parties and informal consultations with the other Party indicate that a change is warranted, it shall be processed by the Consultant forwarding a letter to the City outlining the changes with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2029, in accordance with the Program Activity Overview as set forth in Exhibit C (attached hereto and incorporated herein by reference); unless the Agreement is previously terminated as provided for herein (“Term”). Packet Page. 1379 Page 3 of 30 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 a. Neither Party 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. “Orders of governmental authorities” includes ordinances; emergency proclamations and orders; and 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. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. 10. Compliance with Law a. Consultant shall comply with all applicable laws, ordinances, codes, and regulations of the Federal, state, and local government (including California Division of Occupational Safety and Health Administration requirements). b. Consultant shall assist the City as requested in obtaining and maintaining all permits required of Consultant by Federal, state, and local regulatory agencies. Packet Page. 1380 Page 4 of 30 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 Services. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City; and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall (prior to execution of this Agreement) obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City (which may be withheld for any reason). Any attempt to so 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 Packet Page. 1381 Page 5 of 30 any subcontract until it has secured all insurance required under this section. a. Additional Insured. The City (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 (“CG”) Liability Insurance in a form and with insurance companies acceptable to the City. (ii) Coverage for CG Liability insurance shall be at least as broad as Insurance Services Office (“ISO”) CG 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. Packet Page. 1382 Page 6 of 30 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 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. Packet Page. 1383 Page 7 of 30 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 (4) the introduction, implantation, or spread of malicious software code in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required (i) The following insurance limits are required: 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 (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 requirements; 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. i. Policy Provisions Required Packet Page. 1384 Page 8 of 30 (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 (3) 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 canceled 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. All policies required shall be issued by acceptable insurance companies (as determined by the City) which satisfy the following minimum requirements: 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. k. Additional Insurance Provisions Packet Page. 1385 Page 9 of 30 (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, the 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) The City (City Council, any member of the City Council, officials, officers, employees, agents, or volunteers) shall not 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 the Consultant, the City may approve different scopes or minimum insurance limits for particular subcontractors or subconsultants. 17. Indemnification. 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 (“Claims”)) in any manner arising out of, pertaining to, or incident to any alleged negligent acts errors, 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 or product liability claims (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. Packet Page. 1386 Page 10 of 30 18. California Labor Code Requirements a. 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). b. 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 the 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. The City has the right to terminate or abandon any portion or all of the work under this Agreement by giving thirty (30) 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. Packet Page. 1387 Page 11 of 30 The 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 the Parties of the portion of such task completed but not paid prior to said termination). The 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. c. If the Agreement is terminated prior to its completion for default, Consultant shall refund the monthly prorated cost of the incomplete term. 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 the 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 and Data. 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, except as otherwise provided in “Termination or Abandonment” above. Packet Page. 1388 Page 12 of 30 27. Organization. Consultant shall assign “Ryan Rising” 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. 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. 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. 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, and addressed to the following addresses) and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Eric Levitt City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: St. John’s Community Health 1500 North Waterman Avenue San Bernardino, CA 92404 Attn: Jim Mangia President/CEO 33. 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. Packet Page. 1389 Page 13 of 30 34. 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. 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 for the term of this Agreement. 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. BSCC Requirements. In addition to the terms and conditions of this Agreement, the Parties agree to adhere to BSCC requirements as set forth in Exhibit D, attached hereto and incorporated herein by reference. 37. 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. 38. Time of Essence. Time is of the essence for each and every provision of this Agreement. 39. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or be a full or accurate description of the content thereof; and shall not in any way affect the meaning or interpretation of this Agreement. 40. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 41. 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. 1390 Page 14 of 30 42. Entire Agreement. This Agreement (including the Exhibits) represents the entire understanding of the Parties 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. 43. 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. 44. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. CITY OF SAN BERNARDINO APPROVED BY: Eric Levitt City Manager ATTESTED BY: Telicia Lopez City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney ST. JOHN’S COMMUNITY HEALTH Jim Mangia President/Chief Executive Officer Packet Page. 1391 Page 15 of 30 EXHIBIT A St. John’s Community Health (SJCH) - SCOPE OF SERVICES Overview Proposition 47: “St. John Community Health Street Health Program” Over the three-year service delivery period (January 1, 2026 – December 31, 2028), SJCH will be responsible for delivering tailored interventions that include mental health and substance use disorder treatment, case management, conflict mediation, reentry support, and workforce readiness training to a minimum of 75 individuals and maintain a 70% participant retention rate annually. SJCH will deploy a staffing model that incorporates workers with lived experience, clinical support staff, and program staff to effectively reach, engage, and support program participants. SJCH will also comply with evaluation and close-out requirements after the service delivery period, including but not limited to, all data reporting, outcome tracking, and evaluation requirements, and will actively collaborate with partner agencies to ensure effective coordination, service delivery, and impact. Program Components 1. Mental Health Services and Substance Use Treatment SJCH offers integrated mental health and substance use services (behavioral health), including individual and group therapy, Medication Assisted Treatment (MAT) for addiction, harm reduction, peer support, and referral to detox or residential treatment when appropriate. SJCH clinicians, Peer Community Health Workers (PCHWs), and Peer Recovery Specialists engage individuals and families in need of treatment and respond to referrals, using de-escalation, conflict mediation, and trauma-informed approaches. Stad track program outcomes include reductions in recidivism, improvements in mental well-being, and a reduction in harmful practices. In no way should this program, any program component, support the distribution of needles, syringes, or drug paraphernalia, or related products. 2. Case Management and Support Services This program includes robust case management and supportive services to address both immediate and long-term stability needs. Services include: Intensive Case Management and Peer Navigation – SJCH’s PCHWs conduct comprehensive assessments, develop and implement individualized care plans, and guide clients through every stage of reintegration. PCHWs maintain robust caseloads, ensure timely intake assessments, and provide service plans that address clients’ personal goals related to mental health, substance use, housing, employment, and legal Packet Page. 1392 Page 16 of 30 stability. PCHWs complete five quality contacts per client per week – at least two in person – and maintain all documentation in the electronic health record system. Self-Sufficiency Planning - Working closely with participants to develop individualized, long-term plans for financial independence and housing retention. This includes employment support, financial literacy training, and access to other supportive resources. Workforce and Education Supports/ Diversion Programs – SJCH Workforce Navigators link clients to vocational training, job readiness, GED prep, and continuing education. These services are embedded in our diversion programming to support long- term rehabilitation and stability. The Workforce Navigator develops and implements individualized support plans and progress is tracked to monitor employment/education outcomes and reduce justice system contact. Partnership and Coordination – SJCH’s reentry programming is strengthened by a broad network of partners across healthcare, housing, workforce development, legal aid, and community-based organizations. We maintain strong relationships with hospitals, behavioral health providers, public defenders, probation departments, community colleges, and faith-based groups. Where appropriate, we also coordinate with law enforcement to support warm handoffs and reduce gaps in care. These partnerships enhance our ability to provide seamless, wraparound services such as coordinated discharge planning, shared care protocols, and integrated referrals. In addition, we actively participate in cross-sector coalitions and County-led initiatives to align efforts, share lessons learned, and promote systems-level improvements in reentry support. Housing Services – SJCH employs dedicated Housing Navigators and leverages local Coordinated Entry Systems and rental assistance programs to support housing stability. Housing navigation includes relocation support and wraparound services to stabilize housing for individuals facing homelessness, justice involvement, or trauma. Legal Services – Our in-house legal team and community-based legal partners support expungement, custody and child support cases, benefits access, and eviction prevention. These services complement clients' broader reentry plans and address barriers to employment and housing. 3. Outreach SJCH has the capability of accepting referrals and performing outreach to engage with clients where they are. Community Engagement – SJCH implements localized community engagement plans that include wellness fairs, peer-led support groups, and a range of community-based events focused on reentry navigation. These activities are designed to reduce stigma, promote trust, and reestablish connection for individuals impacted by the criminal justice Packet Page. 1393 Page 17 of 30 system. We engage trusted community leaders, formerly incarcerated individuals, and residents at highest risk of justice system involvement to serve on our RISE community advisory board (CAB) as ambassadors and co-designers of outreach efforts and programming. Feedback from participant surveys and CAB members ensures programming remains responsive to the evolving needs of the reentry population. 4. Program Integration This program is designed to operate in close alignment with the City of San Bernardino’s existing housing and homelessness initiatives. This integration ensures a coordinated approach to homelessness prevention and reduction. Key integration strategies include:  Leveraging partnerships with local stakeholders, including service providers and community organizations.  Utilizing the Homeless Management Information System (HMIS) to track outcomes, ensure data-driven decision-making, and avoid duplication of services. SJCH commits to supporting program integration with key multidisciplinary staff, which includes the Program Manager (PM), Licensed Clinical Social Worker (LCSW), Peer Community Health Worker (PCHW), Workforce Navigator (WN), and Peer Recovery Specialist (PRS). SJCH will attend meetings as requested by the City. 5. Data Collection and Program Performance Evaluation Performance Monitoring and Data Reporting – SJCH has a robust data infrastructure. We track service delivery, participant demographics, and outcomes. All patient/client data is entered in real-time into our electronic health record system. We comply with all requests for data reporting and documentation. Evaluation Support – SJCH works closely with internal and third-party evaluators to assess program effectiveness. We participate in all required evaluation activities, including surveys, pre- and post-intervention assessments, fidelity monitoring, and qualitative interviews. All corrective actions identified through evaluations are addressed within 30 days. Packet Page. 1394 Page 18 of 30 EXHIBIT B Fiscal Provision & Budget This program is supported by a not-to-exceed allocation of $1,694,702 to perform the scope of services, during the three-year service delivery period. All expenses must align with applicable BSCC guidelines, federal laws, statutes, and regulations, including but not limited to Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, regardless of the budget categories below. Compensation under this Agreement is contingent upon the availability of funding from the Proposition 47 Grant Program administered by BSCC. In the event such funding is reduced, suspended, or terminated, the City may reduce or terminate compensation under this Agreement accordingly. Packet Page. 1395 Page 19 of 30 Reimbursement Requests The reimbursement request framework for this program is designed to ensure compliance and facilitate billing processes. Reimbursement requests must be submitted on a quarterly basis and must include support documentation for all eligible activities. The goal of supporting documentation is to ensure transparency in all program activities, including financial transactions. Guidelines for supporting documentation are as follows: 1. Supportive Services  Receipts with dates, invoices, logs, proof of payment, and/or contracts for services provided 2. Administrative Costs  Itemized records and/or invoices with dates for administrative expenses. 3. Personnel Time Cost  Timesheets, payroll registers, and/or supporting documentation Review and Approval Process SJCH will be required to submit quarterly and timely reimbursement requests to the City for expenses already incurred. All reimbursement requests will be subject to review by the City to ensure accuracy, alignment with budget categories, and compliance with program guidelines. Following execution of this agreement, the City will provide SJCH with templates and forms for use towards reimbursement requests. Incomplete or noncompliant submissions may result in delays or denial of reimbursement. It is SJCH's responsibility to address any discrepancies in the submission promptly. Packet Page. 1396 Page 20 of 30 This schedule serves as a guideline for the submission of reimbursement requests. Reimbursement Request Schedule Invoicing Period Due Date 1 January 1, 2026 to March 31, 2026 Wednesday, April 15, 2026 2 April 1, 2026 to June 30, 2026 Wednesday, July 15, 2026 3 July 1, 2026 to September 30, 2026 Thursday, October 15, 2026 4 October 1, 2026 to December 31, 2026 Friday, January 15, 2027 5 January 1, 2027 to March 31, 2027 Thursday, April 15, 2027 6 April 1, 2027 to June 30, 2027 Thursday, July 15, 2027 7 July 1, 2027 to September 30, 2027 Friday, October 15, 2027 8 October 1, 2027 to December 31, 2027 Saturday, January 15, 2028 9 January 1, 2028 to March 31, 2028 Saturday, April 15, 2028 10 April 1, 2028 to June 30, 2028 Saturday, July 15, 2028 11 July 1, 2028 to September 30, 2028 Sunday, October 15, 2028 12 October 1, 2028 to December 31, 2028 Monday, January 15, 2029 Packet Page. 1397 Page 21 of 30 EXHIBIT C Program Activity Overview This subaward contains a service delivery of three years and concludes with a six- month close-out. SJCH will only be reimbursed for services provided within the three- year service delivery timeline, however, SJCH is required to comply with the evaluation and close-out period. SJCH is required to provide data relevant to program reporting within the reasonable documentation retention timeline, evaluation, and close-out period. SJCH shall cooperate with any monitoring, evaluation, or audit activities conducted by the City or BSCC related to the services funded under this agreement. Service Delivery Service Delivery Service Delivery Evaluation & Close-Out 12 months 12 months 12 months 6 Months January 1, 2026 - December 31, 2026 January 1, 2027 - December 31, 2027 January 1, 2028 - December 31, 2028 January 1, 2029 – June 30, 2029 Service delivery and data collection. Service delivery and data collection. Service delivery and data collection. Compile and analyze data gathered from three full years of service delivery. Complete Local Evaluation Report. Complete program- specific compliance audit. SJCH service model supports an expanded capacity that is proportional with available funding where this program aims to support a minimum of 75 clients annually within the City of San Bernardino and maintain a 70% participant retention rate annually across case management and prevention tracks with the intent of supporting the program's overall goals, providing mental health services, substance use treatment, and recidivism reduction. The duration of supportive assistance should be flexible, adapting to the unique needs of each participant, while accommodating variations based on participant progress and specific barriers to stability. Packet Page. 1398 Page 22 of 30 Data Collection and Reporting SJCH shall collect and maintain programmatic and participant-level data necessary for the City to meet reporting requirements of BSCC for the Proposition 47 Grant Program. SJCH shall submit periodic reports, performance data, and supporting documentation to the City in a quarterly schedule shown below, determined by the City. The City will provide a template to withhold pertinent data variables and metrics following the execution of this agreement. These metrics are subject to change, depending on the direction given from the parent granting agency, or requirements required by the City of San Bernardino to report. The subrecipient is required to retain program documentation for a period of 4 years, following program completion. Reporting Schedule Reporting Period Due Date 1 January 1, 2026 to March 31, 2026 Wednesday, April 15, 2026 2 April 1, 2026 to June 30, 2026 Wednesday, July 15, 2026 3 July 1, 2026 to September 30, 2026 Thursday, October 15, 2026 4 October 1, 2026 to December 31, 2026 Friday, January 15, 2027 5 January 1, 2027 to March 31, 2027 Thursday, April 15, 2027 6 April 1, 2027 to June 30, 2027 Thursday, July 15, 2027 7 July 1, 2027 to September 30, 2027 Friday, October 15, 2027 8 October 1, 2027 to December 31, 2027 Saturday, January 15, 2028 9 January 1, 2028 to March 31, 2028 Saturday, April 15, 2028 10 April 1, 2028 to June 30, 2028 Saturday, July 15, 2028 11 July 1, 2028 to September 30, 2028 Sunday, October 15, 2028 12 October 1, 2028 to December 31, 2028 Monday, January 15, 2029 Packet Page. 1399 Page 23 of 30 Homeless Management Information System (HMIS) SJCH, in accordance with 24 CFR § 576.400(f), must ensure that data on all persons served and all activities are entered into the applicable community-wide HMIS in the area in which those persons and activities are located, or with the express knowledge and written consent of the City, a comparable database, in accordance with HUD’s standards on participation, data collection, and reporting under a local HMIS. HMIS Agency Agreement – SJCH shall have an agreement in place with the HMIS lead agency to participate in the regionally established HMIS system. A copy of SJCH agreement with the HMIS lead agency shall be delivered to the City. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that SJCH is using a comparable database shall be delivered to the City. The "HMIS lead agency" is the County of San Bernardino Community Development and Housing Agency, which is located at 385 N. Arrowhead Ave., 3rd Floor, San Bernardino, California (909-387- 4700). HMIS Interagency Data Sharing Agreement – SJCH shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where SJCH agrees to share HMIS data with other funded agencies regarding clients that are served, unless prohibited by law. A copy of such agreement shall be delivered to the City. HMIS Data Input - SJCH must enter data directly into the HMIS system and adhere to all implementation guidelines developed under Docusign Envelope ID: 7D57F08E- BF01-42D6-B8C1-B93ACA6B690C -5- the Continuum of Care. HMIS Participation includes, but is not limited to, the input of all programmatic and client data and the generation of all mandated monthly, quarterly and close-out reports. Subrecipient must input client data no more than forty-eight (48) hours after the date of program entry. Services rendered to clients must be entered into HMIS within forty-eight (48) hours from date of services. All clients who exit the program must have updated status in HMIS within forty-eight (48) hours of the actual exit date SJCH shall grant the City reasonable access to program data within HMIS or provide regular data exports and/or reports as requested by the City for purposes of grant reporting, program monitoring, and evaluation. Regular performance reviews and reporting through HMIS ensure accountability, transparency, and continuous improvement. Packet Page. 1400 Page 24 of 30 Performance Metrics The Contractor shall meet the following minimum annual performance targets: Minimum 75 unduplicated individuals served per year or 225 in a three-year period A. Client Engagement & Enrollment Goal: The program will enroll and provide services to at least 75 unduplicated participants annually within the City of San Bernardino. Objective:  Enroll an average of 6–7 new participants per month  Ensure 100% of participants complete an intake assessment within 3 days of enrollment  Provide intensive case management and peer support navigation, and maintain a caseload of 25 high-risk participants per year per case manager. B. Retention & Program Participation Goal: The program will maintain a minimum 70% participant retention rate annually across case management and prevention tracks. Objective:  At least 53 participants annually (70%) will remain actively engaged in services for a minimum of 90 days or longer, depending on individual service plans  Conduct monthly case management meetings for 90% of participants C. Mental Health Services Goal: Increase access to mental health services to support stabilization and reduce recidivism. Objective:  At least 60% of participants (45 individuals) will receive mental health screening within 30 days of enrollment  At least 50% of participants (38 individuals) will engage in ongoing mental health services or counseling D. Substance Use Treatment Goal: Provide access to substance use treatment and harm reduction services to support recovery and stability. Objective:  At least 50% of participants (38 individuals) will receive a substance use assessment within 30 days  At least 40% of participants (30 individuals) will be connected to treatment, recovery services, or harm reduction supports, including access to Medication Assisted Treatment (MAT) and other overdose prevention support and services with the support of SJHC clinician, Peer Community Health Workers, and Peer Recovery Specialist. Packet Page. 1401 Page 25 of 30 E. Recidivism Reduction Goal: Reduce recidivism among program participants through coordinated services and stabilization supports. Objective:  At least 75% of participants (56 individuals) will have no new arrests or convictions during program participation  Track outcomes at 6 and 12 months post-enrollment F. Individualized Service Duration & Flexibility Goal: Provide flexible, participant-centered services that adapt to individual needs and barriers. Objective:  100% of participants will have an individualized service plan within 14 days of enrollment  Service duration will be tailored based on participant progress, with regular reassessments every 30–60 days  At least 80% of participants will demonstrate progress toward at least one stability goal (housing, employment, treatment engagement) G. Stability & Prevention Outcomes Goal: Support long-term stability and reduce system involvement. Objective:  At least 60% of participants (45 individuals) will demonstrate improved stability outcomes (e.g., housing, employment, or consistent treatment engagement) within 6 months  At least 50% of participants will successfully complete program goals or transition to ongoing community support. H. Data & Reporting Goal: Ensure accurate tracking of outcomes and program performance. Objective:  Submit 100% of required reports on time  Maintain 95% data accuracy and completeness  Track key outcomes including retention, service engagement, and recidivism Packet Page. 1402 Page 26 of 30 Major Objective Major Functions, Tasks, and Activities Timeline Performance Measures/or Deliverables Between January 1, 2026 and December 31, 2028 conduct Outreach, Engagement & Enrollment to connect people who are justice-involved at risk of recidivism with services and support 1.1 By the end of each 36-month period, the Contractor will outreach, engage, and enroll at least 75 unduplicated individuals annually as documented in HMIS or an approved tracking system 1.2 Enroll an average of 6–7 new participants per month. 1.3 100% of enrolled participants will complete an intake assessment within 3 days of enrollment. Conduct outreach 5 days a week within the city, or 16 field days per month 01/01/2026 – 12/31/2028 1. Document progress and challenges in monthly reports. Maintain backup documentation of outreach and engagement contacts. 2. Number of unduplicated clients enrolled (Target: 75 annually) 3. % of intakes completed within 3 days (Target: 100%) Between January 1, 2026 and December 31, 2028 maintain a minimum 70% participant retention rate annually across case management and prevention tracks 2.1 At least 53 participants annually (70%) will remain actively engaged in services for a minimum of 90 days or longer, depending on individual service plans. 2.2 Conduct monthly case management meetings for 90% of participants. 01/01/2026 – 12/31/2028 2.1 Retention rate (Target: ≥70%) 2.2 % of participants with at least one monthly case management contact (Target: ≥90%) 2.3 Average length of program engagement Between January 1, 2026 and December 31, 2028 provide Mental Health Services to help increase access to mental health services to support stabilization and reduce recidivism 3.1 At least 60% of participants (45 individuals) will receive mental health screening within 30 days of enrollment 3.2 At least 50% of participants (38 individuals) will engage in ongoing mental health services or counseling 01/01/2026 – 12/31/2028 3.1 % of participants receiving screening within 30 days (Target: ≥60%) 3.2 % of participants engaged in ongoing mental health services (Target: ≥50%) 3.2.1 Number of mental health service referrals and completed linkages Between January 1, 2026 and December 31, 2028 provide Substance Abuse treatment and harm reduction services to support recovery and stability. 4.1 At least 50% of participants (38 individuals) will receive a substance use assessment within 30 days 4.2 At least 40% of participants (30 individuals) will be connected to treatment, recovery services, or harm reduction supports, including access to Medication Assisted Treatment (MAT) and other overdose prevention support and services with the support of SJHC clinician, Peer 01/01/2026 – 12/31/2028 4.1 % of participants assessed for substance use within 30 days (Target: ≥50%) 4.2 % connected to treatment or harm reduction services (Target: ≥40%) 4.2.1 Number of participants actively engaged in treatment services Packet Page. 1403 Page 27 of 30 Community Health Workers, and Peer Recovery Specialist. 4.2.2 Document progress and challenges in monthly reports. Maintain backup documentation of participant outcomes, referrals, MAT enrollments, SUD treatment placements, and OD interventions provided. Collect project data. Between January 1, 2026 and December 31, 2028 reduce recidivism among program participants through coordinated services and stabilization supports. 5.1 At least 75% of participants (56 individuals) will have no new arrests or convictions during program participation 5.2 Track outcomes at 6 and 12 months post-enrollment 01/01/2026 – 12/31/2028 5.1 % of participants with no new arrests/convictions during program participation (Target: ≥75%) 5.2 Recidivism rate at 6 and 12 months post-enrollment 5.2.1 Number of participants successfully completing the program without reoffending Between January 1, 2026 and December 31, 2028 participate in Care Coordination & System Linkages, which ensure timely and effective linkage to services, which can include reconnection with healthcare providers, probation department, and legal services 6.1 At least 60% (59 individuals) of enrolled clients will be connected to primary care or ongoing health services within 60 days of engagement. 6.2 The Contractor will assist at least 50% (49 individuals) of eligible clients in applying for or enrolling in Medi-Cal or other benefits within 90 days. 6.3 The Contractor will participate in 100% of required multidisciplinary case conferencing meetings throughout the contract term. 01/01/2026 – 12/31/2028 6.1 % of enrolled clients are successfully connected to primary care or ongoing health services within 60 days of initial engagement, as evidence through intake forms, referral logs, appointment confirmation, and case notes. 6.2 % of eligible clients assisted with applying for or enrolling in Medi-Cal or other public benefits within 90 days of engagement, as evidence through application records, enrollment confirmation, and case notes. 6.3 Rate of participation in required MTD meetings during contract term as evidenced through attendance logs or sign-in sheets. Between January 1, 2026 and December 31, 2028 provide Workforce and Education to ensure timely and effective service linkage. 7.1 SJCH Workforce Navigators will link at a minimum of 56 individual clients to vocational training, job readiness, GED prep, and continuing education within 30 days of enrollment. 7.2 The Workforce Navigator will develop and implement individualized support plans 01/01/2026 – 12/31/2028 7.1 Progress is tracked to monitor employment/education outcomes and reduce justice system contact 7.2 % of clients who receive a completed and documented individualized support plan developed by the Workforce Navigator within a defined timeframe. Between January 1, 2026 and December 31, 2028 connect people who are literally homeless to housing navigation to achieve Housing & Stability Outcomes 8.1 At least 40% (39 individuals) of engaged clients will receive housing navigation support within the program year. 01/01/2026 – 12/31/2028 8.1 % and the number of engaged clients who receive housing navigation support within the program year. Packet Page. 1404 Page 28 of 30 8.2 The Contractor will facilitate housing referrals for at least 30% (29 individuals) of enrolled and homeless clients within the contract year. 8.2 Case management system, service logs, housing referral records through case notes of housing coordination, and placements. Between January 1, 2026 and December 31, 2028 the contractor will maintain accurate Data, Reporting & Billing 9.1 The Contractor will submit 100% of required monthly reports on time, including service delivery, client outcomes, performance metrics, and monthly billing. 9.2 The Contractor will maintain 95% data completeness and accuracy in HMIS or the approved data system, as measured by quarterly data quality reviews. By the 15th of each month 9.1 Contractor will submit monthly invoices that are batched and include all supporting documentation and are reasonable, allowable, and allocable- consistent with 2 CFR 200 9.1.1 Contractor will submit monthly activity reports. Document progress and challenges in monthly reports. Maintain backup documentation. 9.2 Monthly and/or quarterly HMIS report cards submittals Packet Page. 1405 Page 29 of 30 EXHIBIT D Board of State and Community Corrections (“BSCC”) Requirements In addition to the terms and conditions set forth in the Agreement, the Parties agree to all of the following terms required by BSCC in all subcontracts/Memorandums of Understanding (MOUs) that use these monies for grant-funded project activities and expenditures: Non-Discrimination Clause and Civil Rights Compliance: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provision s of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. Books and Records: Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of four (4) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. Packet Page. 1406 Page 30 of 30 Access to Books and Records: Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of four (4) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project. Project Access: Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff, and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of four (4) years following the end of the grant period. Packet Page. 1407 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Darren Goodman, Chief of Police Police It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file the Department’s annual military equipment use report; and 2. Approve the Department’s request to acquire additional life-saving equipment in accordance with Assembly Bill 481. This report is consistent with Assembly Bill 481 Assembly Bill 481 requires all law enforcement agencies in the State of California to submit an annual report to their respective governing bodies. This report must detail the agency’s current use of military equipment and identify any additional equipment the agency plans to acquire. The intent of the legislation is to promote transparency, oversight, and accountability in the acquisition and deployment of equipment defined as “military equipment” under the law. Assembly Bill 481, enacted in January 2022, was designed to enhance transparency, accountability, and oversight regarding the acquisition and use of military equipment by state and local law enforcement agencies. The legislation requires these agencies to obtain approval from their governing legislative bodies before purchasing, fundraising for, or acquiring military equipment by any means. Additionally, agencies must obtain approval from their governing bodies before collaborating with other law Packet Page. 1408 enforcement entities in the deployment or use of military equipment within their jurisdiction or before utilizing any new or existing equipment that has not been previously authorized. The first reading of Ordinance No. MC-1579 occurred on May 4, 2022. This Ordinance was created to adopt Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481. The Ordinance was adopted on May 18, 2022. A component of AB 481 requires law enforcement agencies to submit annual reports to their governing bodies regarding their use of the military equipment, any complaints received, any internal audits or other information about violations of the military equipment use policy, the cost, and other similar information. Discussion The attached annual report provides a comprehensive summary of all military equipment used over the past year, including associated costs, purposes for deployment, and current inventory. The report begins with an annual overview, followed by a month-by-month breakdown. In addition to submitting the report, the Department is seeking approval to purchase additional drones and robots, and replenish/replace inventory for munitions that were used throughout the course of the year. Because this equipment is classified as military equipment under Assembly Bill 481, the Department is required to obtain formal approval from its governing body prior to initiating the procurement process. Law enforcement incidents are often unpredictable and complex, requiring officers to respond swiftly and effectively to evolving threats. To help de-escalate tense and potentially violent situations, officers rely on specialized equipment, tools, and resources. These measures are intended to minimize the risk of harm to community members, individuals involved in the incident, and responding officers, while improving the likelihood of a safe and constructive resolution. Equipment classified as “military equipment” under Assembly Bill 481 includes, but is not limited to, unmanned aerial vehicles (drones), unmanned ground vehicles (robotics), less-lethal projectile launchers, and distraction devices. These tools have been field-tested and are widely regarded as best practices for promoting public and officer safety while reducing the need for escalation. Their use is common among law enforcement agencies across the United States. The San Bernardino Police Department ("Department") has determined that the use of these specialized tools is essential to achieving its goals of community safety and officer protection. After thorough evaluation, the Department has not identified any reasonable alternatives that offer the same level of effectiveness and protection. The deployment of this equipment is considered critical to the safe and successful resolution of high-risk and volatile situations. By leveraging the latest available technology, officers are better equipped to reduce the risk of harm to all parties involved. The Department remains firmly committed to utilizing equipment that enhances public safety while minimizing the potential for incidents to escalate into encounters involving lethal force. Packet Page. 1409 Looking ahead, the Department plans to acquire the following additional items classified as military equipment under Assembly Bill 481: 1. Additional Unmanned Aerial Vehicles (drones) 2. Additional Unmanned Ground Vehicles (robotics) These acquisitions are intended to enhance the Department’s operational capabilities in managing critical incidents, improving situational awareness, and ensuring the safety of both the community and responding officers. As drone and robotics technology continues to advance, law enforcement agencies around the world are expanding their use to save lives, improve officer safety, and support investigative operations. The San Bernardino Police Department currently maintains an inventory of drones and robotics; however, due to ongoing technological developments, these systems require regular software updates and replacement parts to remain functional. Several existing drones must be replaced because of software and hardware incompatibilities, as well as the unavailability of discontinued components, while others have reached the end of their service life. Drones have become indispensable tools in a wide range of law enforcement applications, including traffic collision reconstruction, tactical reconnaissance, hostage and barricade situations, forensic investigations, patrol operations, tethered surveillance, and traffic flow analysis. One of their most significant advantages is the ability to rapidly and accurately document crash scenes, producing detailed, three-dimensional models in a fraction of the time required by traditional methods. This not only enhances the quality of evidence but also leads to considerable cost savings by reducing investigative time. Drone use improves officer safety by allowing investigations to be conducted from secure locations, away from active roadways or hazardous environments. This reduces the need for secondary safety officers and minimizes exposure to potential harm. Patrol-deployed drones can be easily stored in the trunk of police vehicles and rapidly deployed at incident scenes to provide real-time situational awareness. These drones can assist in locating suspects, identifying weapons, and detecting other hazards. They are particularly valuable during K9 deployments, enhancing safety for both the handler and the dog. As technology continues to evolve, drones and robotics are becoming vital components in nearly all aspects of emergency response, delivering both increased operational effectiveness and enhanced safety. In the face of staffing shortages and increasing threats to law enforcement personnel, drones serve as essential tools for protecting both the community and officers. Robotics similarly offer significant advantages for modern policing. Their primary benefit lies in the increased safety they provide by performing tasks that are too hazardous for officers. Robots can be deployed to clear locations where armed suspects may be present, enter buildings suspected of containing explosive devices, or operate in environments contaminated with toxic substances. Packet Page. 1410 Additionally, robotics enhance operational efficiency. They can be programmed to perform routine or repetitive tasks, allowing officers to focus on complex duties requiring human judgment and decision-making. The use of robotics in high-risk scenarios also helps reduce legal and financial liability by minimizing the risk of injury or fatalities to officers and civilians alike. 2021-2025 Strategic Targets and Goals The annual reporting of department military equipment use aligns with Key Target No. 3: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service. Fiscal Impact There is no new fiscal impact associated with the approval of this equipment. Any future equipment will be purchased in compliance with City purchasing rules and there are sufficient funds in the Department’s budget for the purchase. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file the Department’s annual military equipment use report; and 2. Approve the Department’s request to acquire additional life-saving equipment in accordance with Assembly Bill 481. Attachments Attachment 1 Annual Military Equipment Report (1) Attachment 2 Annual Military Equipment Report (2) Attachment 3 Annual Military Equipment Report (3) Attachment 4 Ordinance No. MC-1579 Ward: All Wards Synopsis of Previous Council Actions: May 7, 2025 The Mayor and City Council approved of the Police Department’s Annual Military Equipment Report and Approved Future Purchases. May 15, 2024 The Mayor and City Council approved of the Police Department’s Annual Military Equipment Report and Approved Future Purchases. May 3, 2023 The Mayor and City Council approved of the Police Department’s Annual Military Equipment Report and Approved Future Purchases. May 18, 2022 The Mayor and City Council adopted Ordinance No. MC1579 approving Packet Page. 1411 Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481. May 4 ,2022 First reading of Ordinance No. MC-1579 adopting Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481 was presented to, and introduced by, the Mayor and City Council. CC: Eric Levitt, City Manager Packet Page. 1412 SWAT Patrol Jail Cell P&T Totals Expended Remaining Annual Cost Additional Equip. Sought Source funds for following calendar year Misc. Notes DT LSDD-SINGLE 25 25 24 1 Special Investigations Bureau Budget CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction 23 23 0 23 " CTS 7290M Mini Flashbang Steel Body Single use 200 200 15 185 " CTS 7290-2 2 Bang Steel Body Single use 36 36 5 31 " CTS 7290MT Mini Flashbang Body Training Blue 6 6 0 6 " DT SPEDE HEAT CS 88 11 99 0 99 " DT TRIPLE CHASER CS 58 22 80 0 80 " CTS 5230B Baffled Grenade CS 117 117 0 117 " DT Han-Ball CS 100 100 0 100 " DT Stinger Grenade CS 85 22 107 0 107 " CT 40mm Ferret Round CS 139 139 0 139 " DT Flameless Expulsion Grenade CS 26 26 0 26 " 40mm Exact Impact Sponge Round 100 62 20 46 228 0 228 " 12-guage drag stabilized beanbag round 240 79 750 1069 9 1060 " Pepperball projectiles 8559 8559 0 8559 " DT Smoke Military HC 32 32 0 32 " DT Smoke Large Style HC 24 24 0 24 " CTS 5 Series Launching Cup 2 2 0 2 " CTS 12-gauge Launching Cartridge 97 97 0 97 " 12-gauge TKO Breaching Rounds 0 0 0 0 " .308 TAP ELD 13452 13452 3632 9820 " .308 CX 1400 1400 0 1400 " [Add New Item]0 #REF!#REF!" [Add New Item]0 #REF!#REF!" [Add New Item]0 #REF!#REF!" [Add New Item]0 #REF!#REF!" [Add New Item]0 #REF!#REF!" Number of times used Quantity Possessed Robotics " ROBOT 1 3 " UAV 192 11 UAVs " BEARCAT 19 2 ARV Grant Funding Approved by City Council 10-02-24, 12mo. buildout SWAT VAN 1 1 RIMA RV 0 1 BLUE BIRD RV 0 1 SNIPER RIFLE 13 6 40mm launcher (single shot)0 25 40mm (multi-shot)0 2 Pepperball launcher 0 4 Remington 870 breaching shotgun 0 1 Long Range Acoustic Device 0 0 Remington 870 chemical agent shotgun w/ launching cup 0 2 Remington 870 less lethal shotgun 5 40 [Add New Item]0 [Add New Item]#REF! [Add New Item]#REF! [Add New Item]#REF! $0.00Annual Total: SWAT / PATROL Munitions Less Lethal Inventory APRIL 01, 2025 - March 31, 2026 SPECIAL EQUIPMENT YEARLY USAGE TOTALS (April 01, 2025 - March 31, 2026) Packet Page. 1413 TIMES USED TIMES USED 0 0 21 0 1 1 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgunLong Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 2 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX 3 The UAV was utilized for overhead watch during the service of a search warrant at the location. One (1) flight was completed for a total of approximately 30 minutes of flight time. DATE Thursday, June 12, 2025 EQUIPMENT USE SUMMARY TIME 9:30 AM LOCATION 1800 Block South Elm St., San Bernardino, SWAT ACTIVATION No CASE #25-64834 EQUIPMENT USE SUMMARY EQUIPMENT USE SUMMARY CASE #25-24292 CASE#25-63685 EQUIPMENT USE SUMMARY TIME 4:40 PM LOCATION 1200 Block North Waterman Ave., San Bernardino, CA SWAT ACTIVATION No MUNITIONS LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use EQUIPMENT USED ROBOT UAV BEARCAT JUNE MONTHLY NUMBERS AT A GLANCE CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND 12-GAUGE DRAG STABALIZED BEAN BAG ROUND PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12-gauge Launching Cartridge 12-gauge TKO Breaching Rounds .308 TAP ELD .308 CX 2 The UAV was utilized for overhead watch during the service of a search warrant at the location. Two (2) flights were completed for a total of approximately 30 minutes of flight time. DATE Thursday, June 12, 2025 EQUIPMENT USE SUMMARY TIME 8:30 AM LOCATION 2600 Block North Harrison St., San Bernardino, CA SWAT ACTIVATION No EQUIPMENT USE SUMMARY 1 The San Bernardino Police Department conducted a criminal investigation in the area. The UAV was utilized to check the area for a crime scene. One (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Sunday, June 1, 2025 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun - There is a tab for every month. - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. - Input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. Packet Page. 1414 EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS The UAV was utilized for a burglary alarm activation. One(1) flight was completed for a total of approximately five minutes of flight time. DATE Sunday, June 22, 2025 EQUIPMENT USE SUMMARY TIME 6:25 PM CASE #25-72691 EQUIPMENT USE SUMMARY LOCATION 4000 Block North Varsity Ave., San Bernardino, CA 7 The Marijuana Enforcement Team conducted an investigation into a marijuana grow. A UAV was utilized during the investigation where one (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Monday, June 23, 2025 EQUIPMENT USE SUMMARY TIME 1:55 PM CASE #N/A EQUIPMENT USE SUMMARY CASE #25-68686 EQUIPMENT USE SUMMARY 4 The San Bernardino Police Department conducted a criminal investigation in the area where the UAV was utilized to search for the suspect. Two (2) flights were completed for a total of approximately 40 minutes of flight time. DATE Friday, June 13, 2025 EQUIPMENT USE SUMMARY TIME 3:41 AM LOCATION D Street and Arrowhead Ave., San Bernardino, CA SWAT ACTIVATION No SWAT ACTIVATION No CASE #N/A EQUIPMENT USE SUMMARY 6 The Marijuana Enforcement Team conducted an investigation into a marijuana grow. The UAV was utilized during the investigation where one (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Monday, June 23, 2025 EQUIPMENT USE SUMMARY TIME 1:25 PM LOCATION 64000 Block Cricket Ln., Mecca, CA SWAT ACTIVATION No 5 Packet Page. 1415 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 3 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE SBPD UAV pilots completed a test flight at the location for training. One (1) flight was completed for a total of approximately 20 minutes of flight time. DATE Tuesday, June 24, 2025 EQUIPMENT USE SUMMARY TIME 1:25 AM LOCATION Highway 86 Thermal, CA SWAT ACTIVATION No CASE #N/A EQUIPMENT USE SUMMARY 8 LOCATION 10 UAV pilots completed a training flight at the location. One (1) flight was completed for a total of approximately 30 minutes of flight time. DATE Tuesday, June 24, 2025 EQUIPMENT USE SUMMARY TIME 3:30 PM SWAT ACTIVATION LOCATION San Bernardino Police Department No CASE #N/A EQUIPMENT USE SUMMARY 1000 Block Cooley Dr., Colton, CA SWAT ACTIVATION No CASE #N/A EQUIPMENT USE SUMMARY 9 UAV pilots completed several training flights at the location. Two (2) flights were completed for a total of approximately 40 minutes of flight time. DATE Tuesday, June 24, 2025 EQUIPMENT USE SUMMARY TIME 2:45 PM LOCATION San Bernardino Police Department SWAT ACTIVATION No EQUIPMENT USE SUMMARY The San Bernardino Police Department completed a fatal traffic collision investigation in the area. The UAV was utilized to capture scene photographs. Three (3) flights were completed for a total of approximately 50 minutes of flight time. CASE #25-74773 Packet Page. 1416 40mm launcher (single shot)40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1BEARCATSWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use 1 CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup 12 The Police Department received a report of a subject down in the area. The UAV was utilized to check for that individual where one (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Saturday, June 28, 2025 EQUIPMENT USE SUMMARY TIME 6:28 AM LOCATION 900 Block W. 5th St., San Bernardino, CA SWAT ACTIVATION No CASE #25-74890 EQUIPMENT USE SUMMARY DATE Tuesday, June 24, 2025 EQUIPMENT USE SUMMARY The San Bernardino Police Department served a surround and callout search warrant at the location related to weapons violations. After receiving no response from the residents, a Light Sound Diversionary Device (LSDD) was deployed in an open area to the front of the dwelling to probe for a response. The deployment was successful, prompting the occupants inside the location to exit without incident. LSDD #F834932.TIME 11:00 AM CASE #25-63686 EQUIPMENT USE SUMMARY LOCATION 600 Block N. H St. San Bernardino, CA SWAT ACTIVATION No 11 DATE Friday, June 27, 2025 EQUIPMENT USE SUMMARY TIME 8:50 PM LOCATION 5th Street and Sierra Way, San Bernardino, CA SWAT ACTIVATION No CASE #25-73139 EQUIPMENT USE SUMMARY 13 The San Bernardino Police Department completed a traffic collision investigation at the intersection. The UAV was utilized to obtain scene photographs. One (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Tuesday, June 24, 2025 EQUIPMENT USE SUMMARY TIME 2:00 AM LOCATION Mount Vernon Ave. and 21st St., San Bernardino, CA SWAT ACTIVATION No 14 Packet Page. 1417 CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USEDROBOT UAV 1BEARCAT SWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 2 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction 16 The Marijuana Enforcement Team utilized the UAV during an illegal marijuana grow investigation. One (1) flight was completed for a total of approximately 30 minutes of flight time. DATE Wednesday, June 25, 2025 EQUIPMENT USE SUMMARY TIME 5:45 PM LOCATION 2800 W. Rialto Ave., San Bernardino, CA SWAT ACTIVATION No CASE #N/A EQUIPMENT USE SUMMARY EQUIPMENT USE SUMMARY CASE #25-69824 EQUIPMENT USE SUMMARY DATE Thursday, June 26, 2025 EQUIPMENT USE SUMMARY TIME 6:20 PM LOCATION 34000 Old Woman Springs Rd. Lucerne Valley, CA SWAT ACTIVATION No N/A EQUIPMENT USE SUMMARY 17 The Marijuana Enforcement Team completed a UAV training flight in the city of Beaumont. One (1) flight was completed for a total of approximately 25 minutes of flight time. DATE Sunday, June 29, 2025 EQUIPMENT USE SUMMARY LOCATION Beaumont, CA SWAT ACTIVATION No TIME 5:15 PM CASE # CASE #N/A EQUIPMENT USE SUMMARY 15 The Marijuana Enforcement Team utilize the UAV during an illegal marijuana dispensary investigation. One (1) flight was completed for a total of approximately 35 minutes of flight time. The San Bernardino Police Department conducted a criminal investigation. The UAV was utilized to check the area for the suspect. Two (2) flights were completed for a total of approximately 24 minutes of flight time. DATE Monday, June 16, 2025 Packet Page. 1418 CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body DistractionCTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT 1 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use 2 CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV TIME 7:06 AM LOCATION 1400 Block E. Pumalo St. San Bernardino, CA SWAT ACTIVATION No EQUIPMENT USE SUMMARY 19 A protest/demonstration occurred in the area. The UAV was utilized to monitor traffic safety conditions during the event. Four (4) flights were completed for a total of approximately 67 minutes of flight time. DATE Monday, June 9, 2025 EQUIPMENT USE SUMMARY TIME 4:00 PM LOCATION 600 Block West Rialto Ave., San Bernardino, CA SWAT ACTIVATION No 18 CASE #25-71337 EQUIPMENT USE SUMMARY 20 The San Bernardino Police Department SWAT team served a high-risk search warrant at the complex, concerning two separate units. The search warrant was in relation to gangs/weapon/violent crime. Prior to the service team making entry, Light Sound Diversionary Devices (LSDDs) were deployed to the front of each entryway as a diversion/distraction to allow for safer entry into the dwellings. The service was successful. LSDD F834908, F834917. The bearcat (armored vehicle) was utilized to transport SWAT personnel and equipment to the scene. Additionally, it was utilized as a secondary level of ballistic protection, as the suspects involved in the investigation were believed to be armed. DATE Thursday, June 19, 2025 EQUIPMENT USE SUMMARY TIME 3:00 PM LOCATION 1100 Block of North D Street San Bernardino, CA SWAT ACTIVATION Yes CASE #N/A CASE # EQUIPMENT USE SUMMARY 21 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY Packet Page. 1419 SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCATSWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC 22 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY 23 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY 24 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY 25 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT yes or no Packet Page. 1420 DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY 26 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY 27 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY 28 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE Packet Page. 1421 MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX 29 EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY 30 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY 31 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY 32 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION yes or no Packet Page. 1422 Packet Page. 1423 TIMES USED TIMES USED 0 0 14 0 0 1 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 1 0 0 2 0 0 0 0 0 0 0 0 0 0 60 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgunLong Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 2 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX BEARCAT CTS 7290M Mini Flashbang Steel Body Single use SWAT VAN CTS 7290-2 2 Bang Steel Body Single use RIMA CTS 7290MT Mini Flashbang Body Training Blue JULY MONTHLY NUMBERS AT A GLANCE EQUIPMENT USED MUNITIONS ROBOT LSDD-SINGLE UAV CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction 40mm (multi-shot)DT Han-Ball CS Pepperball launcher DT Stinger Grenade CS Remington 870 breaching shotgun CT 40mm Ferret Round CS BLUE BIRD RV DT SPEDE HEAT CS SNIPER RIFLE DT TRIPLE CHASER CS 40mm launcher (single shot)CTS 5230B Baffled Grenade CS PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC Long Range Acoustic Device DT Flameless Expulsion Grenade CS Remington 870 chemical agent shotgun w/ launching cup 40MM EXACT IMPACH SPONGE ROUND Remington 870 less lethal shotgun 12-GAUGE DRAG STABALIZED BEAN BAG ROUND .308 TAP ELD .308 CX CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds CASE #25-76212 EQUIPMENT USE SUMMARY SWAT ACTIVATION No CASE #N/A 1 The UAV was utilized during a traffic stop to assist with overhead watch. One (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Tuesday, July 1, 2025 EQUIPMENT USE SUMMARY TIME 4:25 PM LOCATION 3200 Block North Duffy St., San Bernardino, CA 4000 Block North Hallmark Pkwy., San Bernardino, CA SWAT ACTIVATION No EQUIPMENT USE SUMMARY 2 SBPD UAV pilots conducted several training flights at the location. Two (2) flights were completed for a total of approximately 30 minutes of flight time. DATE Thursday, July 10, 2025 EQUIPMENT USE SUMMARY TIME 3:30 PM LOCATION No CASE #25-80588 EQUIPMENT USE SUMMARY A brushfire was burning in the wash area. The UAV was utilized to check the area and assess public safety threats. One (1) flight was completed for a total of approximately five minutes of flight time. DATE Friday, July 11, 2025 EQUIPMENT USE SUMMARY TIME 3 12:25 PM LOCATION Baseline Street and California St., San Bernardino, CA SWAT ACTIVATION - There is a tab for every month - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. Packet Page. 1424 EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CASE #25-80645 EQUIPMENT USE SUMMARY 4 The San Bernardino Police Department Patrol Division investigated an attempt suicide in the area. The UAV was utilized to check the area. One (1) flight was completed for a total of approximately five minutes of flight time. DATE Friday, July 11, 2025 EQUIPMENT USE SUMMARY TIME 4:18 PM LOCATION 400 Block West Edgerton Street San Bernardino, CA SWAT ACTIVATION No No CASE #25-84691 EQUIPMENT USE SUMMARY The San Bernardino Police Department investigated a homicide at this location. The UAV was utilized to assist with the crime scene. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Monday, July 21, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-86615 EQUIPMENT USE SUMMARY 6 The San Bernardino Police Department completed a robbery investigation. The UAV was utilized to check the area. One (1) flight was completed for a total of approximately two minutes. DATE Saturday, July 26, 2025 EQUIPMENT USE SUMMARY 5 TIME 9:45 AM LOCATION 100 Block W. 6th St., San Bernardino, CA SWAT ACTIVATION No 9:50 PM LOCATION 100 Block East Baseline St., San Bernardino, CA SWAT ACTIVATION CASE #25-86688 EQUIPMENT USE SUMMARY The San Bernardino Police Department initiated a vehicle pursuit which ended with the suspect barricaded inside his vehicle. The UAV was utilized to assist with overhead watch during the investigation. One (1) flight was completed for a total of approximately 18 minutes of flight. DATE Saturday, July 26, 2025 EQUIPMENT USE SUMMARY TIME 7 2:00 PM Date Pl./ Pumalo Dr., San Bernardino, Packet Page. 1425 CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HCDT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 2 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device No CASE #25-87052 EQUIPMENT USE SUMMARY 8 The San Bernardino Police Department completed an assault investigation where the UAV was utilized to check the area for the suspect. One (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Sunday, July 27, 2025 EQUIPMENT USE SUMMARY TIME 6:20 PM LOCATION 1800 Block W. 9th St., San Bernardino, CA SWAT ACTIVATION No LOCATION Date Pl./ Pumalo Dr., San Bernardino, CA SWAT ACTIVATION No CASE #N/A EQUIPMENT USE SUMMARY The Marijuana Enforcement Team conducted an investigation into an illegal marijuana grow. The UAV was utilized to assist in the investigation where one (1) flight was completed for a total of approximately 30 minutes of flight time. DATE Tuesday, July 15, 2025 EQUIPMENT USE SUMMARY TIME CASE #652500276 EQUIPMENT USE SUMMARY 10 DATE Monday, July 7, 2025 EQUIPMENT USE SUMMARY 9 The Marijuana Enforcement Team utilized the UAV during the service of a search warrant. Two (2) flights were completed for a total of approximately 50 minutes of flight time. TIME 1:00 PM LOCATION 200 Block S. Pershing Ave., San Bernardino, CA SWAT ACTIVATION No 11:40 AM LOCATION 400 Block Vega Rd., Royal Oaks, CA SWAT ACTIVATION CASE #N/A EQUIPMENT USE SUMMARY The Marijuana Enforcement Team conducted an investigation into an illegal marijuana dispensary where the UAV was utilized to assist in the investigation. One (1) flight was completed for a total of approximately 25 minutes of flight time. Packet Page. 1426 Remington 870 chemical agent shotgun w/ launching cupRemington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL None DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun 1 MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER 2PEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use 1 CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX No DATE Monday, July 7, 2025 EQUIPMENT USE SUMMARY TIME CASE #N/A EQUIPMENT USE SUMMARY 12 The Marijuana Enforcement Team conducted an illegal marijuana investigation. The UAV was utilized to assist, where one (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Thursday, July 24, 2025 EQUIPMENT USE SUMMARY 11 TIME 7:00 AM LOCATION Lake Perris Drive Perris CA SWAT ACTIVATION No 4:00 PM LOCATION 600 Block W. Baseline St., San Bernardino, CA SWAT ACTIVATION No CASE #25-86688 EQUIPMENT USE SUMMARY The San Bernardino Police Department initiated a vehicle pursuit within the city involving a reported stolen vehicle that had also been used in a residential burglary in a neighboring city. The pursuit ended when the vehicle experienced mechanical problems and came to a stop. The driver refused to comply with officers' commands and barricaded himself inside the vehicle. Officers deployed two beanbag rounds to break the rear window, creating an access point for chemical agent deployment (pepper spray). This tactic successfully force the suspect out of the vehicle, where he was taken into custody without further incident. DATE Saturday, July 26, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-88678 EQUIPMENT USE SUMMARY 14 DATE Thursday, July 31, 2025 EQUIPMENT USE SUMMARY 13 The San Bernardino Police Department served a search warrant at a residential location related to a violent crime investigation. Prior to the service team making entry, a Light Sound Diversionary Device (LSDD) was deployed near the threshold of the doorway to allow for safer entry into the residence. LSDD# F24262 TIME 3:00 PM LOCATION 1300 Block North Davidson Ave., San Bernardino, CA SWAT ACTIVATION No 2:24 PM LOCATION Date Place / Sterling Ave. San Bernardino, CA SWAT ACTIVATION Packet Page. 1427 EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE 340mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 60 .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot)40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS No CASE #N/A EQUIPMENT USE SUMMARY Sniper range training. DATE Wednesday, July 16, 2025 EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 16 DATE EQUIPMENT USE SUMMARY 15 TIME LOCATION SWAT ACTIVATION 9:00 AM LOCATION Range SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 18 DATE EQUIPMENT USE SUMMARY 17 TIME LOCATION SWAT ACTIVATION yes or no Packet Page. 1428 CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 20 DATE EQUIPMENT USE SUMMARY 19 to ensure accuracy in the red dot optics, and overall functionality. TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY DATE 21 LOCATION SWAT ACTIVATION yes or no Packet Page. 1429 MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT 22 EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY . DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 24 DATE EQUIPMENT USE SUMMARY 23 TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME EQUIPMENT USE SUMMARY 25 LOCATION SWAT ACTIVATION yes or no Packet Page. 1430 UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND CASE # 26 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 28 DATE EQUIPMENT USE SUMMARY 27 TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME 29 LOCATION Packet Page. 1431 LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX CASE # EQUIPMENT USE SUMMARY 30 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION yes or no SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 32 DATE EQUIPMENT USE SUMMARY 31 TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no Packet Page. 1432 TIMES USED TIMES USED 0 0 40 0 0 0 0 0 0 0 0 0 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 300 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgunLong Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 2 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 8BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX BEARCAT CTS 7290M Mini Flashbang Steel Body Single use SWAT VAN CTS 7290-2 2 Bang Steel Body Single use RIMA CTS 7290MT Mini Flashbang Body Training Blue AUGUST MONTHLY NUMBERS AT A GLANCE EQUIPMENT USED MUNITIONS ROBOT LSDD-SINGLE UAV CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction 40mm (multi-shot)DT Han-Ball CS Pepperball launcher DT Stinger Grenade CS Remington 870 breaching shotgun CT 40mm Ferret Round CS BLUE BIRD RV DT SPEDE HEAT CS SNIPER RIFLE DT TRIPLE CHASER CS 40mm launcher (single shot)CTS 5230B Baffled Grenade CS PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC Long Range Acoustic Device DT Flameless Expulsion Grenade CS Remington 870 chemical agent shotgun w/ launching cup 40MM EXACT IMPACH SPONGE ROUND Remington 870 less lethal shotgun 12-GAUGE DRAG STABALIZED BEAN BAG ROUND .308 TAP ELD .308 CX CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds CASE #25-90573 EQUIPMENT USE SUMMARY SWAT ACTIVATION No CASE #25-91814 1 The San Bernardino Police Department Patrol Division responded to a burglary alarm at the location. The UAV was utilized to check the structure. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE 8/4/2025 EQUIPMENT USE SUMMARY TIME 10:40 PM LOCATION 4000 Block N. Hallmark Pkwy., San Bernardino, CA 200 Block W. Johnson St., San Bernardino, CA SWAT ACTIVATION No EQUIPMENT USE SUMMARY 2 The San Bernardino Police Department assisted the Colton Police Department on an area check. Two (2) flights were completed for a total of approximately 18 minutes of flight time. DATE Thursday, August 7, 2025 EQUIPMENT USE SUMMARY TIME 4:30 PM LOCATION No CASE #N/A EQUIPMENT USE SUMMARY SBPD UAV pilots conducted flight training this day where eight (8) flights were completed for a total of approximately 240 minutes of flight time. DATE Friday, August 8, 2025 EQUIPMENT USE SUMMARY TIME 3 6-10 AM LOCATION San Bernardino Police Department SWAT ACTIVATION - There is a tab for every month - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. Packet Page. 1433 EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 2BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CASE #25-92632 EQUIPMENT USE SUMMARY 4 An area check on an unknown problem was completed. UAV pilots completed one (1) flight for a total of approximately 25 minutes of flight time. DATE Saturday, August 9, 2025 EQUIPMENT USE SUMMARY TIME 8:35 AM LOCATION Baseline Street and University Ave., San Bernardino, CA SWAT ACTIVATION No No CASE #25-93175 EQUIPMENT USE SUMMARY The San Bernardino Police Department responded to a burglary alarm at the location where the UAV was utilized to check the area. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Monday, August 11, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-94844 EQUIPMENT USE SUMMARY 6 The San Bernardino Police Department responded to a burglary alarm at the location. The UAV was utilized for a roof check. One (1) flight was completed for a total of approximately five minutes of flight time. DATE Tuesday, August 12, 2025 EQUIPMENT USE SUMMARY 5 TIME 1:40 PM LOCATION 200 Block West Orange Show Rd., San Bernardino, CA SWAT ACTIVATION No 1:40 PM LOCATION 1600 Block East Riverview Dr., San Bernardino CA SWAT ACTIVATION CASE #25-94051 EQUIPMENT USE SUMMARY The San Bernardino Police Department responded to a burglary alarm where the UAV was utilized for a rooftop check. Two (2) flights were completed for a total of approximately 35 minutes of flight time. DATE Tuesday, August 12, 2025 EQUIPMENT USE SUMMARY TIME 7 10:00 PM Packet Page. 1434 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE No CASE #25-94845 EQUIPMENT USE SUMMARY 8 The San Bernardino Police Department received a 911 call regarding suspicious circumstances where three males were seen exiting a vehicle and running down an alleyway armed with baseball bats. The UAV was utilized to check the area. One (1) flight was completed for a total of approximately five minutes of flight time. DATE Thursday, August 14, 2025 EQUIPMENT USE SUMMARY TIME 1:53 PM LOCATION 900 Block North Wall Ave., San Bernardino, CA SWAT ACTIVATION No LOCATION 4000 Block North Hallmark Pkwy., San Bernardino, CA SWAT ACTIVATION No CASE #25-95642 EQUIPMENT USE SUMMARY The San Bernardino Police Department responded to a burglary alarm at the location. The UAV was utilized to check the area for a suspicious subject seen leaving the location. One (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Saturday, August 16, 2025 EQUIPMENT USE SUMMARY TIME CASE #N/A EQUIPMENT USE SUMMARY 10 A planned demonstration occurred in the area. The UAV was utilized to check traffic safety conditions. One (1) flight was completed for a total of approximately 30 minutes of flight time. DATE Monday, August 18, 2025 EQUIPMENT USE SUMMARY 9 TIME 5:15 PM LOCATION 700 Block North D Street San Bernardino, CA SWAT ACTIVATION No 4:40 PM LOCATION 2700 Block West Lexington Way, San Bernardino, CA SWAT ACTIVATION CASE #N/A EQUIPMENT USE SUMMARY The Marijuana Enforcement Team conducted an investigation into illegal marijuana. One (1) flight was completed for a total of approximately 15 minutes of flight time Packet Page. 1435 40mm launcher (single shot)40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1BEARCATSWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup No DATE Tuesday, August 5, 2025 EQUIPMENT USE SUMMARY TIME CASE #652500338 EQUIPMENT USE SUMMARY 12 The Marijuana Enforcement Team conducted an investigation into illegal marijuana. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Tuesday, August 5, 2025 EQUIPMENT USE SUMMARY 11 TIME 2:00 PM LOCATION 1000 Block Avalon Ave., Yucca Valley, CA SWAT ACTIVATION 5:40 AM LOCATION Oro Grande, CA SWAT ACTIVATION No CASE #652500338 EQUIPMENT USE SUMMARY The Marijuana Enforcement Team served a search warrant at the location concerning illegal marijuana. One (1) flight was completed for a total of approximately 30 minutes of flight time. DATE Wednesday, August 6, 2025 EQUIPMENT USE SUMMARY TIME CASE #N/A EQUIPMENT USE SUMMARY 14 The Marijuana Enforcement Team conducted an investigation into illegal marijuana at the location. One (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Wednesday, August 13, 2025 EQUIPMENT USE SUMMARY 13 TIME 6:30 AM LOCATION 58,000 Block Barter Rd., Landers, CA SWAT ACTIVATION No 12:00 PM LOCATION 1000 Block Avalon Ave., Yucca Valley, CA SWAT ACTIVATION Packet Page. 1436 CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USEDROBOT UAV 1BEARCAT SWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 3 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 6 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction No CASE #N/A EQUIPMENT USE SUMMARY The Marijuana Enforcement Team conducted an investigation into illegal marijuana at the location. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Wednesday, August 13, 2025 EQUIPMENT USE SUMMARY TIME CASE #N/A EQUIPMENT USE SUMMARY 16 The Marijuana Enforcement Team conducted an investigation into illegal marijuana at the location. One (1) UAV the flight was completed for approximately 25 minutes of flight time. DATE 8/13/2025 EQUIPMENT USE SUMMARY 15 TIME 9:00 AM LOCATION 23,000 Block Lancelet St. Apple Valley, CA SWAT ACTIVATION No 8:15 AM LOCATION 28,000 Blocks Center Street Lucerne Valley, CA SWAT ACTIVATION No CASE #N/A EQUIPMENT USE SUMMARY The Marijuana Enforcement Team conducted an investigation into an illegal marijuana grow. Three (3) flights were completed for a total of approximately 50 minutes of flight time. DATE Friday, August 15, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-95557 EQUIPMENT USE SUMMARY A planned demonstration was scheduled to occur in the area. The UAV was utilized for overhead watch concerning traffic safety conditions and the demonstration. Six (6) flights were completed for a total of approximately 70 minutes of flight time. DATE Saturday, August 16, 2025 EQUIPMENT USE SUMMARY 17 6:15 AM LOCATION California Highway 173, Hesperia, CA SWAT ACTIVATION Packet Page. 1437 CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body DistractionCTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA q SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV 18 TIME 1:45 PM LOCATION 1000 Block North Mountain View Ave., San Bernardino, CA SWAT ACTIVATION No No CASE #25-98540 EQUIPMENT USE SUMMARY A scheduled community event in conjunction with the opening of the new Mount Vernon Bridge occurred at the location. The UAV was utilized for overhead watch concerning traffic safety conditions. Six (6) flights were completed for a total of approximately 40 minutes of flight time. DATE Saturday, August 23, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-98540 EQUIPMENT USE SUMMARY 20 The San Bernardino Police Department completed a traffic collision investigation where the UAV was utilized for a collision diagram. One (1) flight was completed for a total of approximately 40 minutes of flight time. DATE Saturday, August 23, 2025 EQUIPMENT USE SUMMARY 19 TIME 9:00 AM LOCATION Mount Vernon Avenue and Baseline St., San Bernardino, CA SWAT ACTIVATION No 9:00 AM LOCATION 2nd Street and Mt. Vernon Avenue San Bernardino, CA SWAT ACTIVATION No CASE #25-98754 EQUIPMENT USE SUMMARY The San Bernardino Police Department completed a criminal investigation. The UAV was utilized to check the area for a discarded firearm. DATE Sunday, August 24, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-100097 EQUIPMENT USE SUMMARY The San Bernardino Police Department responded to a burglary alarm at the location. The UAV was utilized for a rooftop check. One (1) flight was completed for a total of approximately 10 minutes of flight time. 21 3:00 AM LOCATION 400 Block W. 18th St., San Bernardino, CA SWAT ACTIVATION Packet Page. 1438 SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1BEARCATSWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC 22 DATE Wednesday, August 27, 2025 EQUIPMENT USE SUMMARY TIME 4:50 AM LOCATION 4th Street and E St., San Bernardino, CA SWAT ACTIVATION No No CASE #25-101118 EQUIPMENT USE SUMMARY The San Bernardino Police Department completed a traffic collision investigation. The UAV was utilized for photographs and a scene diagram. One (1) flight was completed for a total of approximately 90 minutes of flight time. DATE Friday, August 29, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-100910 EQUIPMENT USE SUMMARY 24 The San Bernardino Police Department conducted a criminal investigation in the area. The UAV was utilized for an article search. Two (2) flights were completed for a total of approximately 15 minutes of flight time. DATE Friday, August 29, 2025 EQUIPMENT USE SUMMARY 23 TIME 4:30 PM LOCATION 2800 Block N. E St., San Bernardino, CA SWAT ACTIVATION No 3:40 AM LOCATION Foothill Blvd. 4th / 5th Street "Y" San Bernardino, city SWAT ACTIVATION CASE #25-101211 EQUIPMENT USE SUMMARY The San Bernardino Police Department received a request for assistance from another law enforcement agency. The UAV was utilized for overhead watch and to check the area. One (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Friday, August 29, 2025 EQUIPMENT USE SUMMARY TIME 25 8:27 AM LOCATION 900 Block west of Rialto Ave., San Bernardino, CA SWAT Packet Page. 1439 DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 5 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 300 .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun No CASE #N/A EQUIPMENT USE SUMMARY 26 Range Training. DATE Wednesday, August 27, 2025 EQUIPMENT USE SUMMARY TIME 9:00 AM LOCATION Range SWAT ACTIVATION yes or no No SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 28 DATE EQUIPMENT USE SUMMARY 27 TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE Packet Page. 1440 MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 30 DATE EQUIPMENT USE SUMMARY 29 TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 32 DATE EQUIPMENT USE SUMMARY 31 TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no Packet Page. 1441 Packet Page. 1442 TIMES USED TIMES USED 1 0 32 0 3 2 0 1 0 0 0 0 5 0 0 0 0 0 0 0 0 0 0 0 0 0 1 6 0 0 0 0 0 0 0 0 0 0 100 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgunLong Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX BEARCAT CTS 7290M Mini Flashbang Steel Body Single use SWAT VAN CTS 7290-2 2 Bang Steel Body Single use RIMA CTS 7290MT Mini Flashbang Body Training Blue SEPTEMBER MONTHLY NUMBERS AT A GLANCE EQUIPMENT USED MUNITIONS ROBOT LSDD-SINGLE UAV CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction 40mm (multi-shot)DT Han-Ball CS Pepperball launcher DT Stinger Grenade CS Remington 870 breaching shotgun CT 40mm Ferret Round CS BLUE BIRD RV DT SPEDE HEAT CS SNIPER RIFLE DT TRIPLE CHASER CS 40mm launcher (single shot)CTS 5230B Baffled Grenade CS PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC Long Range Acoustic Device DT Flameless Expulsion Grenade CS Remington 870 chemical agent shotgun w/ launching cup 40MM EXACT IMPACH SPONGE ROUND Remington 870 less lethal shotgun 12-GAUGE DRAG STABALIZED BEAN BAG ROUND .308 TAP ELD .308 CX CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds CASE #25-102422 EQUIPMENT USE SUMMARY SWAT ACTIVATION No CASE #25-102452 1 The San Bernardino Police Department completed a criminal investigation where the UAV was utilized to search for the suspect. One (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Monday, September 1, 2025 EQUIPMENT USE SUMMARY TIME 12:30 PM LOCATION 2500 Block East Highland Ave., San Bernardino, CA 4900 Block Hallmark Pkwy., San Bernardino, CA SWAT ACTIVATION No 2 The San Bernardino Police Department responded to a burglary alarm in the area and utilized the UAV for a rooftop and area check. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Monday, September 1, 2025 EQUIPMENT USE SUMMARY TIME 2:45 PM LOCATION No CASE #25-103913 EQUIPMENT USE SUMMARY XXX DATE Thursday, September 4, 2025 EQUIPMENT USE SUMMARY TIME 3 10:43 AM LOCATION 700 Block W Adell St., San Bernardino, CA SWAT ACTIVATION - There is a tab for every month. - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. Packet Page. 1443 EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CASE #25-103909 EQUIPMENT USE SUMMARY 4 The UAV was utilized for overhead watch during suspect contact of an individual who was believed to be armed. One (1) flight was completed for a total of approximately two minutes of flight time. DATE Thursday, September 4, 2025 EQUIPMENT USE SUMMARY TIME 11:44 AM LOCATION Jasmine Street/Sheridan Rd., San Bernardino, CA SWAT ACTIVATION No No CASE #25-104479 EQUIPMENT USE SUMMARY Officers from the San Bernardino Police Department were dispatched to the area regarding a fight involving multiple subjects to the front of a local restaurant. The UAV was utilized to check the area for the suspects. One (1) flight was completed for a total of approximately five minutes of flight time. DATE Friday, September 5, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-104521 EQUIPMENT USE SUMMARY 6 Reports of a possible protest/demonstration were reported in the area. The UAV was utilized to check traffic safety conditions. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Friday, September 5, 2025 EQUIPMENT USE SUMMARY 5 TIME 12:02 PM LOCATION 4th Street and F St., San Bernardino, CA SWAT ACTIVATION No 10:00 AM LOCATION 2500 Block East Highland Ave., San Bernardino, CA SWAT ACTIVATION CASE #25-104479 EQUIPMENT USE SUMMARY The UAV was utilized to check the area in response to a report of a fight. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Friday, September 5, 2025 EQUIPMENT USE SUMMARY TIME 7 9:55 AM Packet Page. 1444 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT 1 SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use 2CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE No CASE #25-104894 EQUIPMENT USE SUMMARY 8 The UAV was utilized to assist officers in checking the area for subjects. NFI. One (1) flight was completed for a total of approximately five minutes of flight time. DATE Saturday, September 6, 2025 EQUIPMENT USE SUMMARY TIME 2:00 PM LOCATION Oak Street and I Street San Bernardino, CA SWAT ACTIVATION No LOCATION Highland Avenue and Arden Ave., San Bernardino, CA SWAT ACTIVATION No CASE #25-106747 EQUIPMENT USE SUMMARY DATE Wednesday, September 10, 2025 EQUIPMENT USE SUMMARY The San Bernardino Police Department served a search warrant at this residential location which is a known gang hang out where a large gathering was occurring. During a surround and callout style search warrant, gang members inside of the residence, who were believed to be armed, refused to exit. Two (2) Light Sound Diversionary Devices (LSDD) were deployed in an open area outside of the front door. The devices had the desired effect, where the individuals inside surrendered without incident. 22 individuals were arrested during the incident; narcotics and firearms were recovered. The bearcat (armored vehicle) was used to transport personnel and equipment to the scene. It was also used as a secondary level of ballistic protection, as officers expected to encounter armed gang members. LSDD #F834905, F834877. TIME CASE #25-105106 EQUIPMENT USE SUMMARY 10 The San Bernardino Police Department responded to the area after reports of a possible subject in the foothills shooting at vehicles. The UAV was utilized to check the remote area for possible suspects. One (1) flight was completed for a total of approximately 40 minutes of flight time. DATE Saturday, September 6, 2025 EQUIPMENT USE SUMMARY 9 TIME 11:59 PM LOCATION 4000 Block West Myers Rd., San Bernardino, CA SWAT ACTIVATION No 4:00 PM LOCATION 600 Block N. Medical Center Dr., San Bernardino, CA SWAT ACTIVATION CASE #25-107013 EQUIPMENT USE SUMMARY The San Bernardino Police Department responded to a burglary alarm at a commercial building. The UAV was utilized to check the roof hatch on the building. One (1) flight was completed for a total of approximately five minutes of flight time. Packet Page. 1445 40mm launcher (single shot)40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCATSWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 4 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup No DATE Thursday, September 11, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-107507 EQUIPMENT USE SUMMARY 12 The San Bernardino Police Department responded to a theft call in the area. The UAV was utilized to check the area. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Friday, September 12, 2025 EQUIPMENT USE SUMMARY 11 TIME 9:30 AM LOCATION 600 Block W. 2nd St., San Bernardino, CA SWAT ACTIVATION No 7:50 AM LOCATION 300 Block North D Street San Bernardino, CA SWAT ACTIVATION No CASE #25-107895 EQUIPMENT USE SUMMARY The San Bernardino Police Department initiated a domestic violence investigation where the UAV was utilized to check the area for the suspect. One (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Saturday, September 13, 2025 EQUIPMENT USE SUMMARY TIME CASE #2025-96134 EQUIPMENT USE SUMMARY 14 The UAV was utilized to check the area for stolen property. Four (4) flights were completed for a total of approximately 58 minutes of flight time. DATE Thursday, September 4, 2025 EQUIPMENT USE SUMMARY 13 TIME 1:54 PM LOCATION 12,000 Block W. 11th St., San Bernardino, CA SWAT ACTIVATION No 11:00 AM LOCATION 3500 Block E. 21st St., San Bernardino, CA SWAT ACTIVATION Packet Page. 1446 CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USEDROBOT UAV 1BEARCAT SWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction No CASE #25-108659 EQUIPMENT USE SUMMARY The UAV was utilized for officer safety purposes during a search warrant. One (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Tuesday, September 16, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-108083 EQUIPMENT USE SUMMARY 16 The San Bernardino Police Department responded to a traffic collision. The UAV was utilized to complete a traffic collision diagram. One (1) flight was completed for a total of approximately 20 minutes of flight time. DATE Sunday, September 14, 2025 EQUIPMENT USE SUMMARY 15 TIME 2:49 AM LOCATION 200 Block South Waterman Ave., San Bernardino, CA SWAT ACTIVATION No 7:42 AM LOCATION 1500 Block N. E St., San Bernardino, CA SWAT ACTIVATION No CASE #25-108113 EQUIPMENT USE SUMMARY The San Bernardino Police Department responded to a traffic collision. The UAV was utilized to complete a traffic collision diagram. One (1) flight was completed for a total of approximately 20 minutes of flight time. DATE Sunday, September 14, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-108096 EQUIPMENT USE SUMMARY The UAV was utilized for a rooftop check looking for suspects. One (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Tuesday, September 16, 2025 EQUIPMENT USE SUMMARY 17 5:50 AM LOCATION Baseline Street and Crestview Ave., San Bernardino, CA SWAT ACTIVATION Packet Page. 1447 CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body DistractionCTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT 1 UAV 1 BEARCAT 1 SWAT VAN RIMA BLUE BIRD RV 18 TIME 6:25 AM LOCATION 700 Block E. 21st St., San Bernardino, CA SWAT ACTIVATION No No CASE #25-108134 EQUIPMENT USE SUMMARY Same as above. Rooftop check for suspects where one (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Tuesday, September 16, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-108659 EQUIPMENT USE SUMMARY 20 The UVA was utilized for overhead watch during search warrant service. One (1) flight was completed for a total of approximately 15 minutes of flight time DATE Tuesday, September 16, 2025 EQUIPMENT USE SUMMARY 19 TIME 7:42 AM LOCATION 1500 Block N. E St., San Bernardino, CA SWAT ACTIVATION No 7:00 AM LOCATION 700 Block of E. 21st St., San Bernardino, CA SWAT ACTIVATION No CASE #N/A EQUIPMENT USE SUMMARY UAVs were deployed in conjunction with K-9 training. Three (3) flights were completed for a total of approximately 60 minutes of flight time. DATE Tuesday, September 16, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-113115 EQUIPMENT USE SUMMARY 21 5PM to 8:45 PM LOCATION 600 Block S. E Street San Bernardino, CA SWAT ACTIVATION Packet Page. 1448 SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun 1 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use 1 CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER 6 PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCAT1SWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC 22 DATE Friday, September 26, 2025 EQUIPMENT USE SUMMARY The San Bernardino Police Department SWAT team served a high-risk search warrant related to a homicide investigation. The location of the search warrant was the primary residence of suspect #1. The bearcat (armored vehicle) was used to transport SWAT personnel and equipment to the location. Additionally, it was used as a secondary level of ballistic protection, as the suspects in this case used a firearm in the commission of a violent robbery which resulted in a homicide. Upon initial arrival at the residence a surround and callout search warrant was initiated. The suspect and others inside refused to exit the residence and surrender. Containment units at the rear of the property were dealing with numerous vicious pit bulls on the property, which were trying to jump the fence and attack the officers. Based on the refusal of the suspect and others to exit, coupled with the safety concerns of the vicious dogs, a Light Sound Diversionary Device (LSDD) was deployed in the open air near the backyard area of the residence. The deployment was successful as the dogs scurried away, preventing injury to officers and destruction of the animal. Additionally, the deployment resulted in all occupants of the residence surrendering peacefully and exiting the residence, where the primary suspect was taken into custody. The UAV and robot were used to assist with clearing the residence, prior to the search team entering the location. Lastly, six beanbag rounds were deployed from a less lethal shotgun to disable a security camera that was broadcasting the officers positions. LSDD #689568 TIME 5:00 AM LOCATION 22000 Block Chambray Drive Moreno Valley, CA SWAT ACTIVATION Yes Yes CASE #2025-113115 EQUIPMENT USE SUMMARY The San Bernardino Police Department SWAT team served a high-risk search warrant at this location. This is the residence of suspect #2 from the above related incident. A surround and callout search warrant was initiated at the location, where all occupants surrendered peacefully. The bearcat (armored vehicle) was utilized to deliver SWAT personnel and equipment to the location. It was also used as a secondary level of ballistic protection due to the fact the suspects in this investigation utilized firearms in the commission of a violent felony which resulted in a murder. The UAV was utilized to assist in clearing the residence, prior to the entry team searching the location. DATE Friday, September 26, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-110060 EQUIPMENT USE SUMMARY 24 Officers responded to a report of a man with a gun. The UAV was utilized to check the area for the suspect. One (1) flight was completed for a total of approximately five minutes of flight time. DATE Thursday, September 18, 2025 EQUIPMENT USE SUMMARY TIME 1:45 PM LOCATION Rialto Avenue and I Street San Bernardino, CA SWAT ACTIVATION No 7:00 AM LOCATION 2900 Block N. Siene Avenue Highland, CA SWAT ACTIVATION CASE #25-112795 EQUIPMENT USE SUMMARY The San Bernardino Police Department investigated a report of stolen property. The UAV was utilized to check the area for the stolen property. One (1) flight was completed for a total of approximately five minutes of flight time. DATE Thursday, September 25, 2025 EQUIPMENT USE SUMMARY TIME 25 10:30 AM LOCATION Merrito Ave. and E. Highland Ave., San Bernardino, CA SWAT Packet Page. 1449 DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun No CASE #25-112818 EQUIPMENT USE SUMMARY 26 The San Bernardino Police Department initiated a vehicle pursuit. The UAV was utilized at the termination of the pursuit to capture traffic collision photographs associated with the investigation. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Thursday, September 25, 2025 EQUIPMENT USE SUMMARY TIME 12:15 PM LOCATION Baseline Street and D Street San Bernardino, CA SWAT ACTIVATION No SWAT ACTIVATION No CASE #25-113205 EQUIPMENT USE SUMMARY The UAV was deployed to check the area for a possible missing adult. One (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Friday, September 26, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-113250 EQUIPMENT USE SUMMARY 28 The San Bernardino Police Department investigated a possible burglary at the location. The UAV was utilized to check the roof for suspects, evidence, and possible points of entry. One (1) flight was completed for a total of approximately five minutes of flight time. DATE Friday, September 26, 2025 EQUIPMENT USE SUMMARY 27 TIME 1:55 PM LOCATION 1000 Block East Harriman Pl., San Bernardino, CA SWAT ACTIVATION No 11:10 AM LOCATION 364 E. 40th St., San Bernardino, CA SWAT ACTIVATION CASE #25-113280 EQUIPMENT USE SUMMARY The San Bernardino Police Department investigated a possible burglary at the location. The UAV was utilized to check the area. (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Friday, September 26, 2025 Packet Page. 1450 MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 5 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 100 .308 CX No EQUIPMENT USE SUMMARY TIME CASE #25-113549 EQUIPMENT USE SUMMARY 30 The San Bernardino Police Department investigated a homicide at the location. The UAV was utilized for crime scene photographs. Two (2) flights were completed for a total of approximately 35 minutes of flight time. DATE Saturday, September 27, 2025 EQUIPMENT USE SUMMARY 29 TIME 11:30 AM LOCATION 400 Block South Rexford Street San Bernardino, CA SWAT ACTIVATION No 3:20 PM LOCATION 200 Block N. G St., San Bernardino, CA SWAT ACTIVATION No CASE #25-113683 EQUIPMENT USE SUMMARY San Bernardino Police Department responded to a burglary alarm at the location. The UAV was utilized to check the area for possible suspects. One (1) flight was completed for a total of approximately 15 minutes of flight time. DATE Saturday, September 27, 2025 EQUIPMENT USE SUMMARY TIME CASE #N/A EQUIPMENT USE SUMMARY 32 Range training. DATE Wednesday, September 10, 2025 EQUIPMENT USE SUMMARY 31 TIME 9:00 AM LOCATION Range SWAT ACTIVATION No 1:59 PM LOCATION 2200 Block W Baseline Street San Bernardino, CA SWAT ACTIVATION Packet Page. 1451 EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX CASE # EQUIPMENT USE SUMMARY 34 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY 33 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY 34 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION Packet Page. 1452 TIMES USED TIMES USED 0 0 19 0 1 2 0 0 0 0 0 0 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2972 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgunLong Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX BEARCAT CTS 7290M Mini Flashbang Steel Body Single use SWAT VAN CTS 7290-2 2 Bang Steel Body Single use RIMA CTS 7290MT Mini Flashbang Body Training Blue OCTOBER MONTHLY NUMBERS AT A GLANCE EQUIPMENT USED MUNITIONS ROBOT LSDD-SINGLE UAV CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction 40mm (multi-shot)DT Han-Ball CS Pepper ball launcher DT Stinger Grenade CS Remington 870 breaching shotgun CT 40mm Ferret Round CS BLUE BIRD RV DT SPEDE HEAT CS SNIPER RIFLE DT TRIPLE CHASER CS 40mm launcher (single shot)CTS 5230B Baffled Grenade CS PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC Long Range Acoustic Device DT Flameless Expulsion Grenade CS Remington 870 chemical agent shotgun w/ launching cup 40MM EXACT IMPACH SPONGE ROUND Remington 870 less lethal shotgun 12-GAUGE DRAG STABALIZED BEAN BAG ROUND .308 TAP ELD .308 CX CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds CASE #25-115415 EQUIPMENT USE SUMMARY SWAT ACTIVATION No CASE #25-115971 1 The San Bernardino Police Department responded to the business for a burglary alarm activation. The UAV was utilized for a rooftop check. One (1) flight was completed for a total of approximately three minutes of flight time. DATE Saturday, October 4, 2025 25-115971 TIME 8:00 AM LOCATION 300 Block of North D Street San Bernardino, CA 600 Block South Arrowhead Ave., San Bernardino CA SWAT ACTIVATION No 2 The UAV was used on a call for service to check the area for a stolen trailer. One (1) flight was completed for a total of approximately 10 minutes of flight time DATE Friday, October 3, 2025 TIME 11:50 AM LOCATION No CASE #25-117210 The UAV was utilized to conduct an aerial patrol in problematic public locations. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Monday, October 6, 2025 TIME 3 11:30 PM LOCATION 40th St. and Genevieve St., San Bernardino, CA SWAT ACTIVATION - There is a tab for every month - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. Packet Page. 1453 EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 4BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS CASE #25-120051 4 The San Bernardino Police Department responded to a burglary investigation where the UAV was utilized to assist with perimeter control (overhead watch). One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Monday, October 13, 2025 TIME 8:33 PM LOCATION 1900 Block North I Street San Bernardino, CA SWAT ACTIVATION No No CASE #25-122090 The UAV was utilized to check the area for a burglary suspect. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Wednesday, October 15, 2025 TIME CASE #25-122138 6 The San Bernardino Police Department conducted a missing persons investigation where the UAV was utilized to check the area. One (1) flight was completed for a total of approximately 30 minutes of flight time DATE 10/18/2025 5 TIME 8:31 PM LOCATION 300 Block E. 40th St., San Bernardino, CA SWAT ACTIVATION No 11:00 AM LOCATION Highland Avenue and Sterling Ave., San Bernardino, CA SWAT ACTIVATION CASE #N/A The UAV was utilized to monitor traffic and pedestrian safety conditions during the Route 66 event. Four (4) flights were completed for a total of approximately 120 minutes of flight time. DATE Saturday, October 11, 2025 TIME 7 3:00 PM Packet Page. 1454 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup MUNITIONS USEDLSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT 1 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use 1 CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA No TIME CASE #25-122845 8 The San Bernardino Police Department investigated suspicious circumstances where the UAV was utilized to check the roof top of the location for an unknown suspicious individual. One (1) flight was completed for a total of approximately five minutes of flight time. DATE Monday, October 20, 2025 TIME 4:00 PM LOCATION 2500 Block East Highland Ave., San Bernardino, CA SWAT ACTIVATION No 3:00 PM LOCATION Court Street and E St., San Bernardino, CA SWAT ACTIVATION No CASE #25-122866 The San Bernardino Police Department responded to a burglary alarm at the location which indicated a rooftop activation. The UAV was utilized to check the roof. One (1) flight was completed for a total of approximately five minutes of flight time. DATE Monday, October 20, 2025 TIME CASE #25-123925 10 The San Bernardino Police Department SWAT team served a high-risk search warrant at this residential location related to a robbery and carjacking investigation involving armed gang members. A surround and callout service was performed and the occupants complied by exiting the residence peacefully. Due to the violent nature of the originating offenses involving firearms, the UAV was deployed into the residence to physically attempt to clear the location without exposing officers to unnecessary risk. The UAV was successful in clearing the majority of the residence; however, several areas remained unchecked. For that reason the service team made entry to physically clear the residence and deployed a Light Sound Diversionary Device (LSDD), just prior to entry, to create a distraction to allow for safer entry. The bearcat (armored vehicle) was utilized to transport SWAT personnel and equipment to the location. It was also used as a secondary level of ballistic protection due to the suspects being identified as gang members who committed a violent felony with the use of firearms.DATE Thursday, October 23, 2025 9 TIME 7:00 AM LOCATION 3400 Block of N. Mountain Ave., San Bernardino, CA SWAT ACTIVATION Yes 5:22 PM LOCATION 1100 Block W. 9th St., San Bernardino, CA SWAT ACTIVATION CASE #N/A Packet Page. 1455 BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use 1CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 5 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 5 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC No DATE Tuesday, October 28, 2025 A SWAT officer assigned to SWAT school deployed a LSDD as part of the 3-week training curriculum. LSDD #F834916. TIME CASE #25-124950 12 The UAV was utilized to check the area after receiving a report of a female who possibly fell down an open manhole and broke her leg. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE 10/25/2025 11 TIME 12:00 PM LOCATION 2600 Block East Highland Ave., San Bernardino, CA SWAT ACTIVATION No 9:00 AM LOCATION SWAT School SWAT ACTIVATION No CASE #N/A The UAV was utilized on the north end of the city to film a recruitment video. Five (5) flights were completed for a total of approximately 60 minutes of flight time. DATE 10/30/2025 TIME CASE #N/A EQUIPMENT USE SUMMARY 14 DATE EQUIPMENT USE SUMMARY 13 TIME 9:00 AM LOCATION Range SWAT 3:00 PM LOCATION 5200 Block North University Pkwy., San Bernardino, CA SWAT ACTIVATION Packet Page. 1456 DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 2972 .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HCDT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED SWAT ACTIVATION No CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 16 DATE EQUIPMENT USE SUMMARY 15 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY 17 LOCATION SWAT ACTIVATION Packet Page. 1457 LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN 18 TIME LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 20 DATE EQUIPMENT USE SUMMARY 19 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 21 LOCATION SWAT ACTIVATION Packet Page. 1458 RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER 22 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 24 DATE EQUIPMENT USE SUMMARY 23 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME 25 LOCATION Packet Page. 1459 PEPPER BALLDT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun CASE # EQUIPMENT USE SUMMARY 26 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 28 DATE EQUIPMENT USE SUMMARY 27 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE Packet Page. 1460 MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLDT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 30 DATE EQUIPMENT USE SUMMARY 29 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 32 DATE EQUIPMENT USE SUMMARY 31 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION Packet Page. 1461 Packet Page. 1462 TIMES USED TIMES USED 0 0 12 0 1 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 220 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgunLong Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 2 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX BEARCAT CTS 7290M Mini Flashbang Steel Body Single use SWAT VAN CTS 7290-2 2 Bang Steel Body Single use RIMA CTS 7290MT Mini Flashbang Body Training Blue NOVEMBER MONTHLY NUMBERS AT A GLANCE EQUIPMENT USED MUNITIONS ROBOT LSDD-SINGLE UAV CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction 40mm (multi-shot)DT Han-Ball CS Pepperball launcher DT Stinger Grenade CS Remington 870 breaching shotgun CT 40mm Ferret Round CS BLUE BIRD RV DT SPEDE HEAT CS SNIPER RIFLE DT TRIPLE CHASER CS 40mm launcher (single shot)CTS 5230B Baffled Grenade CS PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC Long Range Acoustic Device DT Flameless Expulsion Grenade CS Remington 870 chemical agent shotgun w/ launching cup 40MM EXACT IMPACH SPONGE ROUND Remington 870 less lethal shotgun 12-GAUGE DRAG STABALIZED BEAN BAG ROUND .308 TAP ELD .308 CX CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds CASE #25-129280 EQUIPMENT USE SUMMARY SWAT ACTIVATION No CASE #25-129292 1 The San Bernardino Police Department responded to a report of a man with the gun in the area. The UAV was utilized to check the roof top of a building for a suspected firearm that was discarded. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Monday, November 4, 2024 EQUIPMENT USE SUMMARY TIME 5:40 PM LOCATION 1200 Block North Belle St., San Bernardino, CA Baseline Street and Cedar Ave., San Bernardino, CA SWAT ACTIVATION No EQUIPMENT USE SUMMARY 2 The UAV was utilized to assist with a scene diagram related to an injury traffic collision at the intersection. Two (2) flights were completed for a total of approximately 45 minutes of flight time. DATE Tuesday, November 4, 2025 EQUIPMENT USE SUMMARY TIME 9:30 PM LOCATION No CASE #25-132673 EQUIPMENT USE SUMMARY The San Bernardino Police Department investigated a homicide in the area. The UAV was utilized to assist checking the area. One flight was completed for approximately five minutes of flight time. DATE Thursday, November 13, 2025 EQUIPMENT USE SUMMARY TIME 3 9:20 AM LOCATION 900 Block W. 24th St., San Bernardino, CA SWAT ACTIVATION - There is a tab for every month - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. Packet Page. 1463 EVENT #EQUIPMENT USED ROBOT UAV 2 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 3 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 220 .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun 1 MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CASE #25-133207 EQUIPMENT USE SUMMARY 4 The Riverside County Sheriff's Department served a search warrant in the city of San Bernardino and requested assistance. The UAV was utilized to assist with overhead watch during the service of the warrant. Two (2) flights were completed for a total of approximately 40 minutes of flight time. DATE Friday, November 14, 2025 EQUIPMENT USE SUMMARY TIME 7:00 AM LOCATION 1500 Block W. 21st St., San Bernardino, CA SWAT ACTIVATION No No CASE #25-132208 EQUIPMENT USE SUMMARY The San Bernardino Police Department responded to a burglary alarm at the location with a rooftop activation. The UAV was utilized to check the rooftop and surrounding area. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE Tuesday, November 11, 2025 EQUIPMENT USE SUMMARY TIME CASE #N/A EQUIPMENT USE SUMMARY 6 DATE Wednesday, November 12, 2025 EQUIPMENT USE SUMMARY 5 TIME 9:00 AM LOCATION Range SWAT ACTIVATION No 11:30 PM LOCATION 1600 Block North Mount Vernon Ave., San Bernardino, CA SWAT ACTIVATION CASE #2025-135114 EQUIPMENT USE SUMMARY Officers responded to the area for reports of a vicious dog biting people. Upon arrival, the dog was located and immediately charged at the officers. To protect themselves and others, the officers deployed a single less lethal bean bag round. The dog was struck and fled the area. Animal Control respond to assist but was unable to locate the animal. DATE Wednesday, November 19, 2025 EQUIPMENT USE SUMMARY TIME 7 6:53 PM Packet Page. 1464 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER 1 PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 2 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE No CASE #25-133463 EQUIPMENT USE SUMMARY 8 The San Bernardino Police Department investigated a traffic collision at the intersection. The UAV was utilized to assist with a scene diagram. Two (2) flights were completed for a total of approximately 30 minutes of flight time. DATE 11/15/2025 EQUIPMENT USE SUMMARY TIME 1:45 PM LOCATION 5th Street and Mount Vernon Ave., San Bernardino, CA SWAT ACTIVATION No LOCATION 1800 Block N. Mountain View Ave., San Bernardino, CA SWAT ACTIVATION No CASE #25 – 135828 EQUIPMENT USE SUMMARY The UAV was utilized to check the area for a reported stolen vehicle. One (1) flight was completed for a total of approximately 10 minutes of flight time. DATE 11/21/2025 EQUIPMENT USE SUMMARY TIME CASE #25-136300 EQUIPMENT USE SUMMARY 10 The San Bernardino Police Department investigated a report of trespassing at the location. The UAV was utilized to assist in an area check. One (1) flight was completed for a total of approximately 30 minutes of flight time. DATE 11/22/2025 EQUIPMENT USE SUMMARY 9 TIME 12:10 PM LOCATION 500 Block N. E St., San Bernardino, CA SWAT ACTIVATION No 9:00 AM LOCATION 1000 Block of S. Washington Ave., San Bernardino, CA SWAT ACTIVATION CASE #25-137641 EQUIPMENT USE SUMMARY The San Bernardino Police Department responded to a report of a down subject in the wash. The UAV was utilized to assist in the area check. One (1) flight was completed with approximately 15 minutes of flight time. Packet Page. 1465 40mm launcher (single shot)40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT 1 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCATSWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup No DATE 11/25/2025 EQUIPMENT USE SUMMARY TIME CASE #25-130670 EQUIPMENT USE SUMMARY 12 During a MET-initiated traffic stop, the driver made statements indicating he intended to “shoot it out” with officers, leading officers to believe he was armed. The BearCat was deployed and utilized at the termination point of the pursuit to provide additional armed support and ballistic protection. DATE 11/7/2025 EQUIPMENT USE SUMMARY 11 TIME 12:00 AM LOCATION N. Palm and Mt. View Ave SWAT ACTIVATION No 12:00 AM LOCATION S. Mt Vernon Ave / W. Congress St. SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 14 DATE EQUIPMENT USE SUMMARY 13 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION Packet Page. 1466 CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USEDROBOT UAVBEARCAT SWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 16 DATE EQUIPMENT USE SUMMARY 15 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY 17 LOCATION SWAT ACTIVATION Packet Page. 1467 CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body DistractionCTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV 18 TIME LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 20 DATE EQUIPMENT USE SUMMARY 19 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 21 LOCATION SWAT ACTIVATION Packet Page. 1468 SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCATSWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC 22 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 24 DATE EQUIPMENT USE SUMMARY 23 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME 25 LOCATION SWAT Packet Page. 1469 DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun CASE # EQUIPMENT USE SUMMARY 26 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 28 DATE EQUIPMENT USE SUMMARY 27 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE Packet Page. 1470 MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 30 DATE EQUIPMENT USE SUMMARY 29 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 32 DATE EQUIPMENT USE SUMMARY 31 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION Packet Page. 1471 Packet Page. 1472 TIMES USED TIMES USED 0 6 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgunLong Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE 1CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE 2CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX BEARCAT CTS 7290M Mini Flashbang Steel Body Single use SWAT VAN CTS 7290-2 2 Bang Steel Body Single use RIMA CTS 7290MT Mini Flashbang Body Training Blue DECEMBER MONTHLY NUMBERS AT A GLANCE EQUIPMENT USED MUNITIONS ROBOT LSDD-SINGLE UAV CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction 40mm (multi-shot)DT Han-Ball CS Pepper ball launcher DT Stinger Grenade CS Remington 870 breaching shotgun CT 40mm Ferret Round CS BLUE BIRD RV DT SPEDE HEAT CS SNIPER RIFLE DT TRIPLE CHASER CS 40mm launcher (single shot)CTS 5230B Baffled Grenade CS PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC Long Range Acoustic Device DT Flameless Expulsion Grenade CS Remington 870 chemical agent shotgun w/ launching cup 40MM EXACT IMPACH SPONGE ROUND Remington 870 less lethal shotgun 12-GAUGE DRAG STABALIZED BEAN BAG ROUND .308 TAP ELD .308 CX CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds CASE #25-143133 EQUIPMENT USE SUMMARY SWAT ACTIVATION No CASE #25-139541 1 DATE Wednesday, December 10, 2025 EQUIPMENT USE SUMMARY MET team helped FBI Gang team serve a search warrant at a "Casita" (Net-Cafe) at 1628 W. Baseline Street. During the execution of the search warrant, an NFDD (Noise Flash Diversionary Device) was deployed to the front of the business, due to several subjects inside the business who were refusing to exit the property. Following the deployment, five subjects exited the property and were detained with out incident. Serial Number F834903 Model 7290MTIME2000 hours LOCATION 1628 W. Baseline St 1500 N. Waterman Ave. SWAT ACTIVATION Model 2 The San Bernardino Police Department responded to a collision in which one of the involved parties was in critical condition. The UAV was utilized to assist in diagramming the collision site. (3) flights was completed with approximately 45 minutes of flight time. DATE Monday, December 1, 2025 EQUIPMENT USE SUMMARY TIME 12:00 AM LOCATION No CASE #25-143288 EQUIPMENT USE SUMMARY DATE Thursday, December 11, 2025 EQUIPMENT USE SUMMARY MET served a search warrant at 3634 N Sierra Way reference a homicide investigation. During the surround and call out, an NFDD was deployed to the front yard the residence, due to lack of response from inside the residence. The residence is associated with SCO gang members. Prior to making entry to the residence, an NFDD was deployed just beyond the thresh hold of the front door. TIME 3 0800 hours LOCATION 3634 N. Sierra Way SWAT ACTIVATION - There is a tab for every month - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. Packet Page. 1473 EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE 1CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CASE #25-143468 EQUIPMENT USE SUMMARY 4 A UAV was requested to check the surrounding rooftops for a possible weapon discarded by a suspect. (1) flight for (5) minutes with a Mavic 1. DATE Thursday, December 11, 2025 EQUIPMENT USE SUMMARY TIME 12:00 AM LOCATION 1111 E. Mirada Rd SWAT ACTIVATION No No CASE #25-144191 EQUIPMENT USE SUMMARY Officers responded to a burglary in progress, and a UAV was requested to check the rooftop for signs of forced entry or a suspect. (1) flight was conducted for (5) minutes. DATE Saturday, December 13, 2025 EQUIPMENT USE SUMMARY TIME CASE #N/A EQUIPMENT USE SUMMARY 6 The Marijuana Task Force team was investigating a narcotics crime, and a UAV was used to check the surrounding public area by the Marijuana Task Force Team officers. (3) flights were conducted for 85 minutes. DATE Thursday, December 4, 2025 EQUIPMENT USE SUMMARY 5 TIME 1430 hours LOCATION 8000 Canterbury, Arieta CA SWAT ACTIVATION No 12:00 AM LOCATION 723 W. Mill St SWAT ACTIVATION CASE #2025-113969 EQUIPMENT USE SUMMARY DATE Monday, December 15, 2025 EQUIPMENT USE SUMMARY Surround and call out for a felony suspect. The suspect was refusing to exit. LSDD deployed as a force multiplier and de-escalation. The suspect surrendered afterwards. TIME 7 12:00 AM Packet Page. 1474 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE No CASE #2025-145548 EQUIPMENT USE SUMMARY 8 Officers responded to a burglary in progress, and a UAV was requested to check the rooftop for signs of forced entry or a suspect. (1) flight was conducted for (15) minutes. DATE 2nd/ E Street EQUIPMENT USE SUMMARY TIME 12:00 AM LOCATION SWAT ACTIVATION LOCATION 3139 N. California Ave SWAT ACTIVATION No CASE #N/A EQUIPMENT USE SUMMARY Training (1) flight for (20) minutes. DATE Friday, December 19, 2025 EQUIPMENT USE SUMMARY TIME CASE #N/A EQUIPMENT USE SUMMARY 10 Training (1) flight for (20) minutes. DATE Friday, December 19, 2025 EQUIPMENT USE SUMMARY 9 TIME 12:00 AM LOCATION 4001 N. Hallmark Pkwy SWAT ACTIVATION No 12:00 AM LOCATION 4001 N. Hallmark Pkwy SWAT ACTIVATION CASE #2025-146643 EQUIPMENT USE SUMMARY Officers responded to a burglary in progress, and a UAV was requested to check the rooftop for signs of forced entry or a suspect. (1) flight was conducted for (5) minutes. Packet Page. 1475 40mm launcher (single shot)40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCATSWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE 1 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup No DATE Friday, December 19, 2025 EQUIPMENT USE SUMMARY TIME CASE #25-148447 EQUIPMENT USE SUMMARY 12 Officers responded to a burglary in progress, and a UAV was requested to check the yard for a suspect. (1) flight was conducted for (10) minutes DATE Wednesday, December 24, 2025 EQUIPMENT USE SUMMARY 11 TIME 12:00 AM LOCATION 766 W. Congress St SWAT ACTIVATION No 12:00 AM LOCATION 2648 N. Taylor Rd SWAT ACTIVATION No CASE #25-149699 EQUIPMENT USE SUMMARY Officers conducted a surround-and-callout of a residence occupied by multiple suspects believed to be involved in a shooting. (4) total UAV flights were conducted for (60) minutes. DATE Sunday, December 28, 2025 EQUIPMENT USE SUMMARY TIME CASE #2025-149699 EQUIPMENT USE SUMMARY 14 DATE Monday, December 29, 2025 EQUIPMENT USE SUMMARY 13 On Sunday, 12/28/2025, at approximately 1627 hours, an LSDD was deployed to the front of the residence during a surround and call-out for a shooting suspect (664/187) possibly armed inside of the apartment with an AR-15 style rifle. Numerous PA announcements were made; however, suspect (MOSES HOSKINS) would not follow commands and exit. After the LSDD was deployed, it caused a reaction and Hoskins exited with his hands visible and was detained without incident. After a search warrant was authored and signed, a rifle was located inside of the apartment with 5.56 rounds and two 30 round capacity magazines. He was positively identified by an independent witness as the shooting suspect. TIME 12:00 AM LOCATION 1535 E. Date St #211 SWAT ACTIVATION No 12:00 AM LOCATION 2741 N. Park Ave SWAT ACTIVATION Packet Page. 1476 CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USEDROBOT UAVBEARCAT SWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE 1CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction No CASE #25-146711 EQUIPMENT USE SUMMARY DATE Friday, December 19, 2025 EQUIPMENT USE SUMMARY On Friday 12/19/25, MET officers conducted a surround and call out following an investigation into firearms and narcotics ( see area command AC121925). The LSDD was deployed just beyond the front door of the residence, due to subjects possibly still inside the residence with several aggressive unrestrained dogs. The LSDD was effective and additional subjects were contacted and detained inside the property. TIME CASE # EQUIPMENT USE SUMMARY 16 DATE EQUIPMENT USE SUMMARY 15 TIME LOCATION SWAT ACTIVATION 12:00 AM LOCATION 2104 Kern St. SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY 17 LOCATION SWAT ACTIVATION Packet Page. 1477 CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body DistractionCTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV 18 TIME LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 20 DATE EQUIPMENT USE SUMMARY 19 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 21 LOCATION SWAT ACTIVATION Packet Page. 1478 SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCATSWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC 22 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 24 DATE EQUIPMENT USE SUMMARY 23 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME 25 LOCATION SWAT Packet Page. 1479 DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun CASE # EQUIPMENT USE SUMMARY 26 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 28 DATE EQUIPMENT USE SUMMARY 27 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE Packet Page. 1480 MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 30 DATE EQUIPMENT USE SUMMARY 29 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 32 DATE EQUIPMENT USE SUMMARY 31 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION Packet Page. 1481 Packet Page. 1482 TIMES USED TIMES USED 0 11 14 0 7 0 1 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED ROBOTUAV BEARCAT 1SWAT VAN 1 RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgunLong Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE 2CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT 1 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE 1CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX BEARCAT CTS 7290M Mini Flashbang Steel Body Single use SWAT VAN CTS 7290-2 2 Bang Steel Body Single use RIMA CTS 7290MT Mini Flashbang Body Training Blue JANUARY MONTHLY NUMBERS AT A GLANCE EQUIPMENT USED MUNITIONS ROBOT LSDD-SINGLE UAV CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction 40mm (multi-shot)DT Han-Ball CS Pepperball launcher DT Stinger Grenade CS Remington 870 breaching shotgun CT 40mm Ferret Round CS BLUE BIRD RV DT SPEDE HEAT CS SNIPER RIFLE DT TRIPLE CHASER CS 40mm launcher (single shot)CTS 5230B Baffled Grenade CS PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC Long Range Acoustic Device DT Flameless Expulsion Grenade CS Remington 870 chemical agent shotgun w/ launching cup 40MM EXACT IMPACH SPONGE ROUND Remington 870 less lethal shotgun 12-GAUGE DRAG STABALIZED BEAN BAG ROUND .308 TAP ELD .308 CX CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds CASE #26-1632 EQUIPMENT USE SUMMARY SWAT ACTIVATION Yes CASE #26-1632 1 DATE Monday, January 6, 2025 EQUIPMENT USE SUMMARY The SWAT team was activated for a barricade suspect at the address. (2) LSDDs were dpleoyed. The suspect eventaully surrendered. TIME 8:00 AM LOCATION 1296 W. 11th St. 1296 W. 11th St. SWAT ACTIVATION Yes EQUIPMENT USE SUMMARY 2 The SWAT team was activated for a barricade suspect at the address. (2) LSDDs were dpleoyed. The suspect eventaully surrendered. DATE Tuesday, January 6, 2026 EQUIPMENT USE SUMMARY TIME 7:00 AM LOCATION No CASE #26-2591 EQUIPMENT USE SUMMARY DATE Thursday, January 8, 2026 EQUIPMENT USE SUMMARY (1) LSDD deployed to the front of the residence during the service of a SW. The suspect surrenmdered and exited his residence. TIME 3 7:00:00 AM LOCATION 575 E. Baseline St #206 SWAT ACTIVATION - There is a tab for every month - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. Packet Page. 1483 EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE 1 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE 1CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE 1 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use 1CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CASE #26-2587 EQUIPMENT USE SUMMARY 4 DATE Thursday, January 8, 2026 EQUIPMENT USE SUMMARY (1) LSDD deployed to the front of the residence during the service of a SW. The suspect surrenmdered and exited his residence. TIME 7:00 AM LOCATION 1625 W. Grossmont Dr. SWAT ACTIVATION No No CASE #26-2591 EQUIPMENT USE SUMMARY DATE Thursday, January 8, 2026 EQUIPMENT USE SUMMARY (1) LSDD deployed to the front of the residence during the service of a SW. The suspect surrenmdered and exited his residence. TIME CASE #26-2645 EQUIPMENT USE SUMMARY 6 DATE Thursday, January 8, 2026 EQUIPMENT USE SUMMARY 5 (1) LSDD deployed to the front of the residence during the service of a SW. The suspect surrenmdered and exited his residence. TIME 7:00 AM LOCATION 15562 Hawk St, Moreno Valley SWAT ACTIVATION No 7:00 AM LOCATION 25668 San Lupe St, Moreno Valley SWAT ACTIVATION CASE #26-2761 EQUIPMENT USE SUMMARY DATE Thursday, January 8, 2026 EQUIPMENT USE SUMMARY A (2) bang LSDD was deployed to the front of the store fornt were illegal activity was being conducted. The innvolved people surrendered. TIME 7 7:00 AM Packet Page. 1484 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE 1 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE 1CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE No CASE #26-3397 EQUIPMENT USE SUMMARY 8 DATE Friday, January 9, 2026 EQUIPMENT USE SUMMARY (1) LSDD deployed to the front of the residence during the service of a SW. The suspect surrenmdered and exited his residence. TIME 20:00:00 AM LOCATION 215 S. Golden Ave SWAT ACTIVATION No LOCATION 289 E. Baseline St SWAT ACTIVATION No CASE #26-5228 EQUIPMENT USE SUMMARY DATE Wednesday, January 14, 2026 EQUIPMENT USE SUMMARY (1) LSDD deployed to the front of the residence during the service of a SW. The suspect surrendered and exited his residence. TIME CASE #26-4516 EQUIPMENT USE SUMMARY 10 Check area fo a possible GTA. DATE Monday, January 12, 2026 EQUIPMENT USE SUMMARY 9 TIME 16:30:00 PM LOCATION N. Cajon Blvd/ E. 3rd St. SWAT ACTIVATION No 12:00 PM LOCATION 5954 Orange Knoll Ave SWAT ACTIVATION CASE #26-5673 EQUIPMENT USE SUMMARY Attempt to locate tranient in wash area to dangerous for officers to enter. Packet Page. 1485 40mm launcher (single shot)40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCATSWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE 1 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup No DATE Thursday, January 15, 2026 EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 12 Training around the station. (2) Flights for (45) minutes. DATE 1/5/2026 EQUIPMENT USE SUMMARY 11 TIME 16:00:00 PM LOCATION 710 N D St SWAT ACTIVATION No 12:45:00 PM LOCATION Mountain Ave/ Riverview Dr. SWAT ACTIVATION No CASE #26-3397 EQUIPMENT USE SUMMARY During a suuround and call-out at aa residence for suspects involevd in a shooting. (3) flights for 45 minutes. DATE Friday, January 9, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-6169 EQUIPMENT USE SUMMARY 14 DATE 1/16/2026 EQUIPMENT USE SUMMARY 13 Patrol had a subject foot bail into a residence. Following a surround and call out, MET officers and MJ cleared the residence. An LSDD was deployed prior to entry into the residence. TIME 12:00 AM LOCATION 755 W. Spruce Street SWAT ACTIVATION No 23:00:00 PM LOCATION 215 S. Golden Ave. SWAT ACTIVATION Packet Page. 1486 CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USEDROBOT UAVBEARCAT SWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE 2CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use 1CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction No CASE #26-8556 EQUIPMENT USE SUMMARY DATE Thursday, January 22, 2026 EQUIPMENT USE SUMMARY Officers were serving a search warrant at the location . Several gang members were uncooperative to the front of the residence, and a (1) 2-bang was deployed resulting in compliance from the subjects. A second (1)LSDD was deployed inside the residence as officers made entry.Subjects were seen hiding to the rear of the property so another (1)LSDD was deployed to the front of the property, resulting in compliance from all occupants. TIME CASE #26-229 EQUIPMENT USE SUMMARY 16 TC Diagram. (1) Flight for 45 minutes. DATE Thursday, January 1, 2026 EQUIPMENT USE SUMMARY 15 TIME 8:26 PM LOCATION S. Tippecanoe/ E. Mill St SWAT ACTIVATION No 11:36 AM LOCATION 1135 W. Belleview Ave SWAT ACTIVATION No CASE #26-316 EQUIPMENT USE SUMMARY Cavassed area for suspect at encampent and was loacted. (1) flight for 30 minutes. DATE Thursday, January 1, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-564 EQUIPMENT USE SUMMARY TC Diagram.(1) Flight for 45 minutes. DATE Friday, January 2, 2026 EQUIPMENT USE SUMMARY 17 8:17 PM LOCATION Foothill/ Rancho Ave SWAT ACTIVATION Packet Page. 1487 CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body DistractionCTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV 18 TIME 8:12 PM LOCATION E. Baseline St/ N. Lugo Ave. SWAT ACTIVATION No No CASE #26-642 EQUIPMENT USE SUMMARY Assist Rialto with a Barricaded suspect. (5) flights for 120 minutes. DATE Saturday, January 3, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-934 EQUIPMENT USE SUMMARY 20 Canvassed area for gunshot call. (1) Flight for 30 minutes. DATE Sunday, January 4, 2026 EQUIPMENT USE SUMMARY 19 TIME 4:52 AM LOCATION W. Vine St/ N. Garcia Ave. SWAT ACTIVATION No 1:04 AM LOCATION 632 S. Clementine Ln, Rialto SWAT ACTIVATION No CASE #622600009 EQUIPMENT USE SUMMARY Area check for a possible MJ grow. (1) flight for 21 minutes. DATE Thursday, January 8, 2026 EQUIPMENT USE SUMMARY TIME CASE #25-150586 EQUIPMENT USE SUMMARY Area check for a possible MJ Sesh. (1) flight for 24 minutes. 21 8:47 AM LOCATION 6700 N. Little League SWAT ACTIVATION Packet Page. 1488 SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCATSWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC 22 DATE Wednesday, January 21, 2026 EQUIPMENT USE SUMMARY TIME 4:17 PM LOCATION Baseline/ Tippecanoe SWAT ACTIVATION No CASE #25-150586 EQUIPMENT USE SUMMARY UAV used during the service a SW. (1) Flight for 32 minutes. DATE Thursday, January 22, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-11503 EQUIPMENT USE SUMMARY 24 TC Diagram. (1) Flight for 5 minutes. DATE Thursday, January 29, 2026 EQUIPMENT USE SUMMARY 23 TIME 5:00 PM LOCATION E. 40th/ N. Waterman SWAT ACTIVATION No 6:04 PM LOCATION 1180 E. Baseline Ave. SWAT ACTIVATION CASE #26-11530 EQUIPMENT USE SUMMARY Area checked for domestic violence suspect. (1) Flight for 10 minutes. DATE Thursday, January 29, 2026 EQUIPMENT USE SUMMARY TIME 25 8:30 PM LOCATION 1787 N. Fairfax Ave. SWAT Packet Page. 1489 DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT 1 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOTUAV BEARCAT 1SWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT 1 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCAT 1 SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun No CASE #26-1623 EQUIPMENT USE SUMMARY 26 SWAT Call-out/ Barricaded Suspect DATE Tuesday, January 6, 2026 EQUIPMENT USE SUMMARY TIME 5:00 AM LOCATION 1296 W. 11th Street SWAT ACTIVATION yes or no Yes SWAT ACTIVATION No CASE #26-2732 EQUIPMENT USE SUMMARY Search Warrant DATE Thursday, January 8, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-5166 EQUIPMENT USE SUMMARY 28 Search warrant DATE Wednesday, January 14, 2026 EQUIPMENT USE SUMMARY 27 TIME 7:00 AM LOCATION 1717 N. Massachusetts SWAT ACTIVATION yes or no No 11:00 AM LOCATION 1441 E. Baseline St SWAT ACTIVATION yes or no CASE #26-8187 EQUIPMENT USE SUMMARY Search warrant DATE Wednesday, January 21, 2026 Packet Page. 1490 MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT 1 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX No EQUIPMENT USE SUMMARY TIME CASE #2026-8556 EQUIPMENT USE SUMMARY 30 Search warrant DATE Thursday, January 22, 2026 EQUIPMENT USE SUMMARY 29 TIME 12:00 PM LOCATION 1136 W. Belleview Ave SWAT ACTIVATION yes or no No 2/8/1904 15:00:00 PM LOCATION 2614 W. Rosemary Ln SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 32 DATE EQUIPMENT USE SUMMARY 31 TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no Packet Page. 1491 Packet Page. 1492 TIMES USED TIMES USED 0 2 12 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgunLong Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX 3 22:13:00 PM LOCATION 1114 N. Acacia Ave SWAT ACTIVATION No CASE #26-25477 EQUIPMENT USE SUMMARY UAV delpoyed to search for a suspect during a man with a gun CFS. (1) flight for (20) minutes. DATE Wednesday, March 4, 2026 EQUIPMENT USE SUMMARY TIME E Pacific St / Glasgow Ave SWAT ACTIVATION No EQUIPMENT USE SUMMARY 2 UAV deployed to check area for no bail wanted suspect. (1) flight for (20) minutes. DATE Wednesday, March 4, 2026 EQUIPMENT USE SUMMARY TIME 15:30:00 PM LOCATION SWAT ACTIVATION No CASE #26-25360 1 UAV deployed to capture images of comleted off-ramp. (1) flight for (15) minutes. DATE Sunday, March 1, 2026 EQUIPMENT USE SUMMARY TIME 16:38:00 PM LOCATION 26-24028 CASE #26-24028 EQUIPMENT USE SUMMARY .308 TAP ELD .308 CX CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC Long Range Acoustic Device DT Flameless Expulsion Grenade CS Remington 870 chemical agent shotgun w/ launching cup 40MM EXACT IMPACH SPONGE ROUND Remington 870 less lethal shotgun 12-GAUGE DRAG STABALIZED BEAN BAG ROUND 40mm (multi-shot)DT Han-Ball CS Pepperball launcher DT Stinger Grenade CS Remington 870 breaching shotgun CT 40mm Ferret Round CS BLUE BIRD RV DT SPEDE HEAT CS SNIPER RIFLE DT TRIPLE CHASER CS 40mm launcher (single shot)CTS 5230B Baffled Grenade CS BEARCAT CTS 7290M Mini Flashbang Steel Body Single use SWAT VAN CTS 7290-2 2 Bang Steel Body Single use RIMA CTS 7290MT Mini Flashbang Body Training Blue MARCH MONTHLY NUMBERS AT A GLANCE EQUIPMENT USED MUNITIONS ROBOT LSDD-SINGLE UAV CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction - There is a tab for every month - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. Packet Page. 1493 EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS 7 17:00:00 PM CASE #26-29864 EQUIPMENT USE SUMMARY UAV deployed for a surround & call out for a 245 suspect. (1) flight for (15) minutes. DATE Sunday, March 15, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-29242 EQUIPMENT USE SUMMARY 6 UAV delpoyed to check roof for 594 suspect. (1) flight for (10) minutes. DATE Friday, March 13, 2026 EQUIPMENT USE SUMMARY 5 TIME 21:58:00 PM LOCATION W. Highland Ave / N. E ST SWAT ACTIVATION No 21:30:00 PM LOCATION 1207 W King St SWAT ACTIVATION No CASE #26-28391 EQUIPMENT USE SUMMARY UAV deployed to check area for 646.9(b) suspect. (1) flight for (10) minutes. DATE Wednesday, March 11, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-26332 EQUIPMENT USE SUMMARY 4 UAV delpoyed to search for a suspect during a man with a gun CFS. (1) flight for (10) minutes. DATE Friday, March 6, 2026 EQUIPMENT USE SUMMARY TIME 20:15:00 PM LOCATION 2380 N. Sterling Ave SWAT ACTIVATION No Packet Page. 1494 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE CASE #26-36663 EQUIPMENT USE SUMMARY UAV deployed to check area in reference to suspicious odor. (1) flight for (10) minutes. CASE #N/A EQUIPMENT USE SUMMARY 10 UAV deployed during a demo for the PD's Citizen's Academy. (1) flight for (10) minutes. DATE Thursday, March 26, 2026 EQUIPMENT USE SUMMARY 9 TIME 18:00:00 PM LOCATION 710. N D Street SWAT ACTIVATION No 18:21:00 PM LOCATION 2900 N. H St SWAT ACTIVATION No CASE #26-34142 EQUIPMENT USE SUMMARY UAV deployed to check rooftops for suspect. (1) flight for (15) minutes. DATE Wednesday, March 25, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-29988 EQUIPMENT USE SUMMARY 8 UAV deployed to scout the location. (1) flight for (20) minutes. DATE Thursday, March 19, 2026 EQUIPMENT USE SUMMARY TIME 10:00 AM LOCATION 1200 W HILL DR SWAT ACTIVATION No LOCATION 1236 N Cedar Ave SWAT ACTIVATION No Packet Page. 1495 40mm launcher (single shot)40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCATSWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE 1CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE 1 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CASE #26-32994 EQUIPMENT USE SUMMARY 14 DATE Tuesday, March 24, 2026 EQUIPMENT USE SUMMARY 13 deployment of a Less Lethal Sound/Distraction Device (LSED) during a warrant service on March 24, 2026. On 03/24/2026 at approximately 1435 hours, the San Bernardino Police Department MET Team, along with the VICE Unit, executed a search warrant at 154 S. E Street, Suite A, related to an ongoing prostitution investigation involving a massage parlor. Due to heavy tint on the windows, officers were unable to see inside the location, creating an officer safety concern. The front door was breached utilizing the Bearcat ram. As part of the entry plan, an LSDD was deployed to assist with distraction and gain compliance from any occupants inside. Additionally, prior intelligence indicated the possibility of two subjects located toward the rear of the business. The deployment of the LSDD was effective in gaining compliance and facilitating a safe and controlled entry. The use of the LSDD was consistent with training protocols and within department policy. No injuries were reported as a result of the deployment. TIME 14:35 PM LOCATION 154 S. E Street, Suite A SWAT ACTIVATION Yes 12:56 PM LOCATION 2350 N. Osborn Rd., Apt. 63. SWAT ACTIVATION Yes CASE #26-31956 EQUIPMENT USE SUMMARY DATE Friday, March 20, 2026 EQUIPMENT USE SUMMARY The SWAT Team determined the warrant would be executed as a dynamic entry. Due to the apartment being located on the second story, I was assigned to deploy a distraction device from the rear balcony area to divert the attention of a subject known to have a lengthy criminal history and to be armed. Upon arrival, I deployed an LDD (Less Lethal Distraction Device), serial number F888305, to the rear window/balcony area. Simultaneously, entry was made through the front door. Officer Ayala deployed an LSC (Less Lethal System), serial number 689562, at the front door during entry. During the service of the search warrant, an unregistered, loaded firearm equipped with an extended magazine was recovered. For further details, refer to case number 26-31956. TIME CASE #26-36710 EQUIPMENT USE SUMMARY 12 UAV deployed tocCheck area for APB suspect. (1) flight for (15) minutes. DATE Friday, March 27, 2026 EQUIPMENT USE SUMMARY 11 TIME 17:05:00 PM LOCATION W 18th St/ E Pershing Ave SWAT ACTIVATION No 14:55:00 PM LOCATION 2085 N Central Ave SWAT ACTIVATION No DATE Friday, March 27, 2026 EQUIPMENT USE SUMMARY TIME Packet Page. 1496 CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USEDROBOT UAVBEARCAT 1 SWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT 1 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY 17 LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE #26-31953 EQUIPMENT USE SUMMARY 16 Search warrant DATE Friday, March 20, 2026 EQUIPMENT USE SUMMARY 15 TIME 12:48 PM LOCATION 2350 N. Osbun Way SWAT ACTIVATION No 2/8/1904 15:00:00 PM LOCATION 471 E, San Felipe SWAT ACTIVATION No CASE #26-25828 EQUIPMENT USE SUMMARY Search warrant DATE Thursday, March 5, 2026 EQUIPMENT USE SUMMARY TIME Packet Page. 1497 CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body DistractionCTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV CASE # EQUIPMENT USE SUMMARY 21 LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 20 DATE EQUIPMENT USE SUMMARY 19 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME 18 TIME LOCATION SWAT ACTIVATION Packet Page. 1498 SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCATSWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC 25 LOCATION SWAT CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 24 DATE EQUIPMENT USE SUMMARY 23 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME 22 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION Packet Page. 1499 DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun CASE # EQUIPMENT USE SUMMARY DATE CASE # EQUIPMENT USE SUMMARY 28 DATE EQUIPMENT USE SUMMARY 27 TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 26 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION SWAT ACTIVATION Packet Page. 1500 MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX CASE # EQUIPMENT USE SUMMARY 32 DATE EQUIPMENT USE SUMMARY 31 TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 30 DATE EQUIPMENT USE SUMMARY 29 TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no EQUIPMENT USE SUMMARY TIME Packet Page. 1501 Packet Page. 1502 TIMES USED TIMES USED 0 5 13 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgunLong Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE 1CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE 3 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE 1CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX 3 11:50 AM LOCATION 817 E. Mesa Dr. Rialto SWAT ACTIVATION No CASE #26-20062 EQUIPMENT USE SUMMARY DATE Thursday, February 19, 2026 EQUIPMENT USE SUMMARY The below mentioned LSDD was deployed during the execution of a search warrant at 817 E Mesa Dr. It was deployed to the front of the front door, during a surround and call out. THE LSDD had the desired effect and elicited a reaction from the suspect inside the residence. Suspect came out and surrendered with out incident. TIME 4275 N. Mot View Ave SWAT ACTIVATION No EQUIPMENT USE SUMMARY 2 DATE Wednesday, February 18, 2026 EQUIPMENT USE SUMMARY The below mentioned LSDD’s were deployed during a search warrant/apprehension at 4275 N Mountain View Ave.F888314 and F888296 were deployed to the front of the residence and to the side of the residence (driveway connecting to the rear). Upon arrival, the suspect appeared to grab something from a vehicle and began to run, against officers commands. The LSDD’s caused a slight delay to the suspect, who was then contacted by officers and detained. F888307 was deployed prior to making entry into the main residence. The residence is known to be a hang out for gang members with firearms violations. 3 additional persons were removed from the primary residence with out incident. During a search of the residence, officers recovered a loaded firearm and approximately 150 fentanyl pills. TIME 11:22 AM LOCATION SWAT ACTIVATION No CASE #26-19653 1 UAV for surround and call-out (2) flights for 25 minutes. DATE Monday, February 2, 2026 EQUIPMENT USE SUMMARY An LSDD was deployed during a surround and call out at 215 s. Golden Ave. The call stemmed from a homicide at 1661 W. Concord. The LSDD was deployed following a surround and call out, and prior to entry due to the possibility of occupants refusing to come out. The LSDD was effective and the residence was cleared of all persons without incident.TIME 12:35 AM LOCATION 215 S. Golden Ave CASE #26-12695 EQUIPMENT USE SUMMARY .308 TAP ELD .308 CX CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC Long Range Acoustic Device DT Flameless Expulsion Grenade CS Remington 870 chemical agent shotgun w/ launching cup 40MM EXACT IMPACH SPONGE ROUND Remington 870 less lethal shotgun 12-GAUGE DRAG STABALIZED BEAN BAG ROUND 40mm (multi-shot)DT Han-Ball CS Pepperball launcher DT Stinger Grenade CS Remington 870 breaching shotgun CT 40mm Ferret Round CS BLUE BIRD RV DT SPEDE HEAT CS SNIPER RIFLE DT TRIPLE CHASER CS 40mm launcher (single shot)CTS 5230B Baffled Grenade CS BEARCAT CTS 7290M Mini Flashbang Steel Body Single use SWAT VAN CTS 7290-2 2 Bang Steel Body Single use RIMA CTS 7290MT Mini Flashbang Body Training Blue FEBRUARY MONTHLY NUMBERS AT A GLANCE EQUIPMENT USED MUNITIONS ROBOT LSDD-SINGLE UAV CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction - There is a tab for every month - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. Packet Page. 1503 EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS 7 11:41 AM CASE #652600050 EQUIPMENT USE SUMMARY UAV deployed during the service of a SW. (1) flights for (15) minutes. DATE Thursday, February 5, 2026 EQUIPMENT USE SUMMARY TIME CASE #652600049 EQUIPMENT USE SUMMARY 6 UAV deployed during the service of a SW. (2) flights for (45) minutes. DATE Thursday, February 5, 2026 EQUIPMENT USE SUMMARY 5 TIME 07:16:00 AM LOCATION 100 blk N. Heritage Way, Upland SWAT ACTIVATION No 10:38 AM LOCATION N. University/ 215 Freeway SWAT ACTIVATION No CASE #26-13776 EQUIPMENT USE SUMMARY UAV deployed to locate a transient camp. (1) flight for (16) Minutes. DATE Wednesday, February 4, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-12742 EQUIPMENT USE SUMMARY 4 UAV deployed for TC Diagram. (1) flight for (10) Minutes. DATE Monday, February 2, 2026 EQUIPMENT USE SUMMARY TIME 3:30 AM LOCATION E. Gilbert St/ N. Valencia Ave. SWAT ACTIVATION No Packet Page. 1504 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE CASE #None EQUIPMENT USE SUMMARY UAV deployed during Special Detail. (3) flight for (53) minutes. CASE #26-15849 EQUIPMENT USE SUMMARY 10 UAV deployed for SW. (1) flight for (20) minutes. DATE Tuesday, February 10, 2026 EQUIPMENT USE SUMMARY 9 TIME 14:00:00 PM LOCATION 3525 N. E Street SWAT ACTIVATION No 13:45:00 PM LOCATION 2772 N. Streling SWAT ACTIVATION No CASE #26-16066 EQUIPMENT USE SUMMARY UAV Deployed to check the area for a theft suspect. (1) flight for (15) minutes. DATE Monday, February 9, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-15875 EQUIPMENT USE SUMMARY 8 UAV Deployed for TC Diagram. (3) flights for (30) minutes. DATE Sunday, February 8, 2026 EQUIPMENT USE SUMMARY TIME 7:15 AM LOCATION N. University Ave/ W. Kendall Dr. SWAT ACTIVATION No LOCATION 16000 blk Canon Ln Chino Hills SWAT ACTIVATION No Packet Page. 1505 40mm launcher (single shot)40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1BEARCATSWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CASE #26-21161 EQUIPMENT USE SUMMARY 14 UAVE deployed to scout illegal vendors. (2) flights for (35) minutes. DATE Sunday, February 22, 2026 EQUIPMENT USE SUMMARY 13 TIME 8:00 AM LOCATION Baseline St / Del Rosa Ave SWAT ACTIVATION No 17:35:00 PM LOCATION 5098 N 3rd Ave SWAT ACTIVATION No CASE #26-21678 EQUIPMENT USE SUMMARY UAV deployed to check area for items 211 suspect evidence. (1) flight for (10) minutes. DATE Monday, February 23, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-19841 EQUIPMENT USE SUMMARY 12 UAV deployed to search for fleeing suspects. (1) flight for (25) minutes. DATE Wednesday, February 18, 2026 EQUIPMENT USE SUMMARY 11 TIME 21:34:00 PM LOCATION 244 N. I SWAT ACTIVATION No 11:31 AM LOCATION E 3rd Street/ N Del Rosa Dr SWAT ACTIVATION No DATE Wednesday, February 11, 2026 EQUIPMENT USE SUMMARY TIME Packet Page. 1506 CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USEDROBOT UAV 1BEARCAT SWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 1 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV 1 BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun 1 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CASE #26-14786 EQUIPMENT USE SUMMARY DATE Friday, February 6, 2026 EQUIPMENT USE SUMMARY 17 (1) LL drag stabalizer was delpoyed stariking the suspect left arm. Suspect was armewd with a firearm and wanted for a no bail warrant and refused to obey officers commands. 12:40 AM LOCATION N. Herrington Ave / W Goodlett St SWAT ACTIVATION No CASE #26-23428 EQUIPMENT USE SUMMARY UAV deployed to search area for articles disgarded. (1) flight for (15) minutes. DATE Saturday, February 28, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-23544 EQUIPMENT USE SUMMARY 16 UAV deployed to search attic space for suspect. (10) flight for (10) minutes. DATE Saturday, February 28, 2026 EQUIPMENT USE SUMMARY 15 TIME 11:05 AM LOCATION 2126 W. Lincoln Ave SWAT ACTIVATION No 20:30:00 PM LOCATION 3097 Belmont Ave SWAT ACTIVATION No CASE #26-23279 EQUIPMENT USE SUMMARY UAV deployed for TC Diagram. (1) Flight for (40) minutes. DATE Friday, February 27, 2026 EQUIPMENT USE SUMMARY TIME Packet Page. 1507 CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER 1 PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT 1 SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body DistractionCTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT 1 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCAT 1SWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT 1 SWAT VAN RIMA BLUE BIRD RV CASE #26-22595 EQUIPMENT USE SUMMARY Serach Warrant 21 5/18/1904 16:00:00 PM LOCATION 817 E. Mesa Dr SWAT ACTIVATION No CASE #26-20062 EQUIPMENT USE SUMMARY Search Warrant DATE Thursday, February 19, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-19987 EQUIPMENT USE SUMMARY 20 Search Warrant DATE Thursday, February 19, 2026 EQUIPMENT USE SUMMARY 19 TIME 8:00 AM LOCATION 575 E. Baseline Street SWAT ACTIVATION No 10:45 AM LOCATION 4275 N. Mountain View Ave SWAT ACTIVATION No CASE #26-19653 EQUIPMENT USE SUMMARY Search Warrants DATE Wednesday, February 18, 2026 EQUIPMENT USE SUMMARY TIME 18 TIME 12:00 AM LOCATION 605 N. H St SWAT ACTIVATION Packet Page. 1508 SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCATSWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC 25 LOCATION SWAT CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 24 DATE EQUIPMENT USE SUMMARY 23 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME 22 DATE Thursday, February 26, 2026 EQUIPMENT USE SUMMARY TIME 7:00 AM LOCATION 3525 N. E Street SWAT ACTIVATION No Packet Page. 1509 DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun CASE # EQUIPMENT USE SUMMARY DATE CASE # EQUIPMENT USE SUMMARY 28 DATE EQUIPMENT USE SUMMARY 27 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 26 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION SWAT ACTIVATION Packet Page. 1510 MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX CASE # EQUIPMENT USE SUMMARY 32 DATE EQUIPMENT USE SUMMARY 31 TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 30 DATE EQUIPMENT USE SUMMARY 29 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION EQUIPMENT USE SUMMARY TIME Packet Page. 1511 Packet Page. 1512 TIMES USED TIMES USED 0 0 19 0 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgunLong Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun 1 MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER 1 PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun 1 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER 4 PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT 1 SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX 3 7/23/1903 13:00:00 PM LOCATION 2822 N. Cole Ave SWAT ACTIVATION No CASE #26-36612 EQUIPMENT USE SUMMARY Search warrant DATE Wednesday, April 1, 2026 EQUIPMENT USE SUMMARY TIME 495 E. 3rd St SWAT ACTIVATION No EQUIPMENT USE SUMMARY 2 DATE Tuesday, April 21, 2026 EQUIPMENT USE SUMMARY (4) rounds armed with aknife threatened to harm the officers. The rounds (3) in the stomcah and (1) in the left arm. Suspect was taken into custody. TIME 11:54 AM LOCATION SWAT ACTIVATION No CASE #2026-44863 1 DATE Wednesday, April 8, 2026 EQUIPMENT USE SUMMARY The suspect was still armed with a knife. Commands were given to drop the weapon which the suspect refused. Sgt. Johnson deployed 1 less lethal drag stabilizing round, striking the suspect in the upper right leg area. The less lethal deployment proved effective, because the suspect fell to the ground and dropped the knife. Officers moved in and detained the suspect without further incident. At the time of this email, the victim is still in critical condition. As of now the suspect will be charged with PC 664/187(a) – Attempt Murder (subject to change depending on status of victim), and PC 422 – Criminal Threats. TIME 21:11:00 PM LOCATION 582 San Carlo Avenue CASE #2026-39662 EQUIPMENT USE SUMMARY .308 TAP ELD .308 CX CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC Long Range Acoustic Device DT Flameless Expulsion Grenade CS Remington 870 chemical agent shotgun w/ launching cup 40MM EXACT IMPACH SPONGE ROUND Remington 870 less lethal shotgun 12-GAUGE DRAG STABALIZED BEAN BAG ROUND 40mm (multi-shot)DT Han-Ball CS Pepperball launcher DT Stinger Grenade CS Remington 870 breaching shotgun CT 40mm Ferret Round CS BLUE BIRD RV DT SPEDE HEAT CS SNIPER RIFLE DT TRIPLE CHASER CS 40mm launcher (single shot)CTS 5230B Baffled Grenade CS BEARCAT CTS 7290M Mini Flashbang Steel Body Single use SWAT VAN CTS 7290-2 2 Bang Steel Body Single use RIMA CTS 7290MT Mini Flashbang Body Training Blue MARCH MONTHLY NUMBERS AT A GLANCE EQUIPMENT USED MUNITIONS ROBOT LSDD-SINGLE UAV CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction - There is a tab for every month - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 36 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. Packet Page. 1513 EVENT #EQUIPMENT USED ROBOT UAV BEARCAT 1 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCAT 1SWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT 1 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT 1 SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS 7 7/2/1905 20:10:00 PM CASE #26-46367 EQUIPMENT USE SUMMARY Search warrant DATE Friday, April 24, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-45439 EQUIPMENT USE SUMMARY 6 Search warrant DATE Wednesday, April 22, 2026 EQUIPMENT USE SUMMARY 5 TIME 6/17/1904 16:30:00 PM LOCATION 2002 N. Mt Vernon Ave SWAT ACTIVATION No 8/26/1904 17:00:00 PM LOCATION 1121 W. Baseline Street SWAT ACTIVATION No CASE #26-40518 EQUIPMENT USE SUMMARY Search warrant DATE Friday, April 10, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-39424 EQUIPMENT USE SUMMARY 4 Search warrant DATE Wednesday, April 8, 2026 EQUIPMENT USE SUMMARY TIME 9:00 PM LOCATION 6641 Mitad Ct SWAT ACTIVATION No Packet Page. 1514 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT 1 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT 1 SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV 19 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE CASE # EQUIPMENT USE SUMMARY CASE #See the log EQUIPMENT USE SUMMARY 10 DATE EQUIPMENT USE SUMMARY 9 TIME LOCATION SWAT ACTIVATION 7:00 AM LOCATION 1305 N. Arrowhead Ave SWAT ACTIVATION No CASE #26-48464 EQUIPMENT USE SUMMARY Search warrant DATE Thursday, April 30, 2026 EQUIPMENT USE SUMMARY TIME CASE #26-48199 EQUIPMENT USE SUMMARY 8 Search warrant DATE Wednesday, April 29, 2026 EQUIPMENT USE SUMMARY TIME 12:45 PM LOCATION 570 N. H Street SWAT ACTIVATION No LOCATION 5051 N. Acacia Ave SWAT ACTIVATION No Packet Page. 1515 40mm launcher (single shot)40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCATSWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CASE # EQUIPMENT USE SUMMARY 14 DATE EQUIPMENT USE SUMMARY 13 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 12 DATE EQUIPMENT USE SUMMARY 11 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION DATE EQUIPMENT USE SUMMARY TIME Packet Page. 1516 CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USEDROBOT UAVBEARCAT SWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY 17 LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 16 DATE EQUIPMENT USE SUMMARY 15 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME Packet Page. 1517 CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body DistractionCTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV CASE # EQUIPMENT USE SUMMARY 21 LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 20 DATE EQUIPMENT USE SUMMARY 19 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME 18 TIME LOCATION SWAT ACTIVATION Packet Page. 1518 SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCATSWAT VANRIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC 25 LOCATION SWAT CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 24 DATE EQUIPMENT USE SUMMARY 23 TIME LOCATION SWAT ACTIVATION LOCATION SWAT ACTIVATION CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME 22 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION Packet Page. 1519 DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOTUAV BEARCATSWAT VAN RIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun CASE # EQUIPMENT USE SUMMARY DATE CASE # EQUIPMENT USE SUMMARY 28 DATE EQUIPMENT USE SUMMARY 27 TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 26 DATE EQUIPMENT USE SUMMARY TIME LOCATION SWAT ACTIVATION SWAT ACTIVATION Packet Page. 1520 MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single useCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CS CT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HCDT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAVBEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALL DT Smoke Military HC DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 7290-2 2 Bang Steel Body Single use CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD .308 CX CASE # EQUIPMENT USE SUMMARY 32 DATE EQUIPMENT USE SUMMARY 31 TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no CASE # EQUIPMENT USE SUMMARY DATE EQUIPMENT USE SUMMARY TIME CASE # EQUIPMENT USE SUMMARY 30 DATE EQUIPMENT USE SUMMARY 29 TIME LOCATION SWAT ACTIVATION yes or no LOCATION SWAT ACTIVATION yes or no EQUIPMENT USE SUMMARY TIME Packet Page. 1521 Packet Page. 1522 Date Time of day Location Report #Reason Images/Video Taken Number of flights Minutes Max AGL Part 107 Aircraft Officer 1/1/2026 2026 S. Tippecanoe Ave / E Mill St 26-229 TC Diagram Yes 1 45 120 YES M30T B. Rodriguez 1/1/2026 2017 W. Football Blvd / N. Rancho Ave 26-316 Canvass for suspect tent (Located) No 1 30 150 YES M30T B. Rodriguez 1/2/2026 2312 E. Baseline Ave / N. Lugo Ave 26-564 TC Diagram Yes 1 45 90 YES M30T B. Rodriguez 1/3/2026 104 632 S. Clementine Ln, Rialto CA 26-642 Assist Rialto with barricaded suspect Yes 5 120 50 YES M30T / Mini B. Rodriguez 1/4/2026 452 W. Vine St / N. Garcia Ave 26-934 Canvassing area for gunshots No 1 30 300 Yes M30T B. Rodriguez 1/5/2026 1400 710 N "D" St Training None 2 45 300 Yes M30T E. Martin 1/8/2026 847 6700 N. Little League Dr 652600009 Area Check for MJ cultivation None 1 21 400 Yes Skydio X-10 A.Ortiz 1/9/2026 2300 215 S. Golden Ave 26-3397 Surround & call out None 3 45 50 Yes Mavic 2 E. Casillas 1/12/2026 1630 N Cajon Blvd / E 3rd St 26-4516 Check area for a possible GTA None 1 10 125 Yes Mavic 2 (1) K. Ferguson 1/15/2026 1245 Mountain Ave / Riverview Dr 26-5673 Locate transient enampment in wash None 1 15 185 Yes M30T 1/21/2026 1617 Baseline & Tippecanoe 25-150586 Area Check for MJ Sesh None 1 24 200 Yes Skydio X-10 A.Ortiz 1/22/2026 1804 1180 E. Baseline Ave 25-150586 Search Warrant Service Yes 1 32 200 YES Skydio X-10 A.Ortiz 1/29/2026 1700 E. 40th St / N. Waterman Ave 26-11503 TC Diagram Yes 1 5 95 YES M4T K. Ferguson 1/29/2026 2030 1787 N. Fairfax Dr 26-11530 Check area for 273.5 suspect No 1 10 85 YES M4T K. Ferguson 2/1/2026 245 N G St / W Spruce Ave 26-12459 TC Diagram Yes 1 10 80 Yes M4T K. Ferguson 2/1/2026 1300 E Highland Ave / N Rockford Ave 26-12547 TC Diagram Yes 1 10 75 Yes M4T K. Ferguson 2/1/2026 1831 215 S. Golden Ave 26-12695 Surround & call out No 2 25 75 Yes M30T E. Casillas 2/2/2026 330 E Gilbert St/ N Valencia Ave 26-12742 TC Diagram Yes 1 10 75 Yes M30T K. Ferguson 2/4/2026 1038 N University Pkwy/ 215 S 26-13776 Area Check for Tranisent camps Yes 1 16 390 Yes M30T J. Lesh 2/5/2026 716 100 blk N. Heritage Way, Upland 652600049 Search Warrant Service Yes 2 45 300 Yes Skydio X-10 2/5/2026 1104 16000 blk Canon Ln, hino Hills 652600050 Search Warrant Service Yes 1 15 400 YES Skydio X-10 2/8/2026 715 University Pkwy / Kendall Dr 26-15875 TC Diagram Yes 3 30 125 YES M3E Richards 2/9/2026 `1345 2772 N Sterling Ave 26-16066 Check area for theft suspect No 1 15 90 Yes M4T K. Ferguson 2/10/2026 1400 3525 N E Street 26-15849 Obtain Legals for Search Warrant Yes 1 20 300 YES M4T B. Smith 2/11/2026 1331 E 3rd Street/ N Del Rosa Dr Special Detail Yes 3 53 285 Yes M30T J. Lesh 2/18/2026 2134 244 N. I 26-19841 Locate fleeing subjects No 1 25 250 YES M30T SINCLAIR 2/22/2026 800 Baseline St / Del Rosa Ave 26-21161 Photographs of vendors Yes 2 35 200 Yes M4T E. Casillas 2/23/2026 1745 5098 N 3rd Ave 26-21678 Check area for items 211 suspect may have dropped No 1 10 65 Yes M4T K. Ferguson 2/27/2026 2030 3097 Belmont Ave 26-23279 TC Diagram Yes 1 40 100 Yes M4T E. Casillas 2/28/2026 1105 2126 W. Lincoln Ave 26-23544 Attic Search No 1 10 35 Yes M4T E. Casillas 2/28/2026 40 N. Herrington Ave / W Goodlett St 26-23428 Article Search No 1 15 100 Yes M4T E. Casillas 3/1/2026 1638 215 / University 26-24028 Photographs of completed offramp Yes 1 15 310 Yes M4T E. Casillas 3/4/2026 1530 E Pacific St / Glasgow Ave 26-25360 Check area for no bail warrant suspect No 1 20 200 Yes M4T K. Ferguson 3/4/2026 2213 1114 N. Acacia Ave 26-25477 MANGUN N 1 20 200 YES M30T B. SINCLAIR 3/6/2026 2015 2380 N. Sterling Ave 26-26332 Mangun No 1 10 200 Yes M4T E. Casillas 3/11/2026 2130 1207 W King St 26-28391 Check area for 646.9(b) suspect No 1 10 100 Yes M4T K. Ferguson 3/13/2026 2158 W. Highland Ave / N. E ST 26-29242 Check roof for 594 suspect No 1 10 75 Yes M4T E. Casillas 3/15/2026 1700 1236 N Cedar Ave 26-29864 Surround & call out 245 suspect No 1 15 100 Yes M4T E. Casillas 3/19/2026 1000 1200 W HILL DR 26-29988 Legals Yes 1 20 390 yes M30T B. Smith 3/25/2026 1821 2900 N. H St 26-34142 Checked rooftops no 1 15 300 YES M30T Sinclair 3/26/2026 1800 STATION CITIZENS ACADEMY N 1 10 200 YES M30T Sinclair 3/27/2026 1455 2085 N Central Ave 26-36663 Check area in reference to suspicious odor No 1 10 115 Yes M4T K.Ferguson 3/27/2026 1705 W 18th St/ E Pershing Ave 26-36710 Check area for APB suspect No 1 15 200 Yes M4T K. Ferguson 4/1/2026 2039 Mt. Vernon/19th 26-36777 Mangun NO 1 10 200 YES M30T SINCLAIR 4/1/2026 1631 W. 20th / N California 26-34739 Check area for 211 suspects No 1 15 100 Yes M30T E. Casillas 4/1/2026 2300 848 N Terrace Rd 26-34886 Check area for 245 suspects No 1 15 200 Yes M30T E. Casillas 4/6/2026 1640 Baseline St / Western Ave 26-38699 TC Diagram Yes 1 20 65 Yes M3E B. Murphy 4/7/2026 1107 198 W Mill Street 26-38984 Area Check No 1 24 400 Yes M30T J. Lesh 4/8/2026 1710 E Norman Rd/ S Waterman Ave 26-39621 Area check for GTA No 1 15 200 Yes M4T K. Ferguson 4/14/2026 2100 13th/mt vernon 26-42176 TC PHOTOS YES 1 15 100 YES M30T SINCLAIR 4/16/2026 1600 MT VERNON/21 PRE-OPERATION TACTICAL PLANNING YES 1 15 150 YES M30T SINCLAIR 4/16/2026 1735 4275 N Mtn View Ave 26-43078 Watch rear of home for suspect No 1 20 390 Yes M4T K. Ferguson 4/21/2026 1330 2180 N Cajon Blvd 26-44893 Search for PC 245 suspect No 5 68 407 Yes M30T J. Lesh 4/21/2026 1330 2180 N Cajon Blvd 26-44893 Search for PC 245 suspect No 2 50 300 Yes M4T K. Ferguson 4/21/2026 1530 1041 W Baseline St 26-44948 Seach for Mangun No 1 20 200 Yes M4T K. Ferguson 4/22/2026 100 N. Little Mountain Drive / W. Kendall Drive 26-45079 Unit TC Diagram Yes 2 50 75 Yes M3E E. Casillas 4/23/2026 1920 833 E North Rd 26-45890 Search for aggressive dogs in wash No 1 10 65 Yes M4T K. Ferguson 4/27/2026 1138 215 S/ W 5th St 26-47251 Search for suspicious subjects No 1 11 358 Yes M30T J.Lesh 4/28/2026 958 700 E Santa Fe Street 26-47642 Overwatch for search warrant service No 1 25 289 Yes M30T J. Lesh 4/29/2026 1014 Del Rosa Ave / Eureka St 26-48084 Search for PC 245 Suspect No 1 26 338 Yes M30T J. Lesh 4/29/2026 945 Del Rosa Ave / Eureka St 26-48085 Search for PC 245 Suspect No 2 45 325 Yes M4T K. Ferguson 4/30/2026 1214 200 Block S Mtn View Ave 26-48570 Search for Stolen ATV's No 1 6 384 Yes M30T J. Lesh Packet Page. 1523 Packet Page. 1524 Packet Page. 1525 Packet Page. 1526 Packet Page. 1527 Packet Page. 1528 Packet Page. 1529 Packet Page. 1530 Packet Page. 1531 Packet Page. 1532 Packet Page. 1533 Packet Page. 1534 Packet Page. 1535 Packet Page. 1536 Packet Page. 1537 Packet Page. 1538 Packet Page. 1539 Packet Page. 1540 Packet Page. 1541 Packet Page. 1542 Packet Page. 1543 Packet Page. 1544 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Lynn Merrill, Director of Public Works Public Works It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-064: 1. Approving a Cooperative Goods Purchase Agreement with National Auto Fleet Group for the purchase of one (1) 2027 Freightliner 114SD chassis equipped with a Bergkamp Electric Heating Pothole Patcher Body in the amount of $428,324.55, utilizing Sourcewell Contract No. 032824-NAF; and 2. Approving a contingency in the amount of $21,416.23 (5%), for a total authorized amount not to exceed $449,740.78, to accommodate potential increases in material, freight, and other supplier-driven costs, and authorize the City Manager or designee to execute amendments to the Cooperative Goods Purchase Agreement, if necessary, provided that the total contract amount does not exceed the authorized amount; and 3. Authorizing the City Manager or designee to execute the Cooperative Goods Purchase Agreement, any amendments thereto, and all related documents necessary to effectuate the purchase; and 4. Authorizing the Director of Finance and Management Services to issue a purchase order in an amount not to exceed $449,740.78, provided sufficient appropiations are available in the adopted budget and eligible funding sources. Packet Page. 1545 The purchase of a 2027 Freightliner 114SD truck with a Bergkamp electric heating pothole patcher body will allow the Public Works Department to heat, transport, and apply asphalt for pothole patching and roadway repairs. The City currently operates a 2019 Ford F-750 patch truck that has experienced recurring mechanical issues, downtime, and repair costs, including more than $35,000 in repair costs over the past year. The proposed replacement will improve the reliability of roadway maintenance operations and support faster response to pavement repair needs. The vehicle will be purchased from National Auto Fleet Group using Sourcewell Contract No. 032824- NAF. The total purchase price is $428,324.55, with a recommended 5% contingency of $21,416.23, for a total not-to-exceed amount of $449,740.78. Funding will come from AQMD AB2766 Subvention Funds and RMRA/SB 1 funds. Background The Public Works Department’s Operations and Maintenance Division is responsible for maintaining the City’s roadway network, including pothole repair, asphalt patching, and emergency pavement maintenance. Asphalt patch trucks are essential equipment used to repair roadway failures, restore damaged pavement, and maintain safe travel conditions for motorists, cyclists, and pedestrians. The City currently operates a 2019 Ford F-750 patch truck, which has experienced persistent mechanical issues since shortly after delivery. The most significant problems involve the Power Take-Off (PTO) system, which transfers power from the truck’s engine to operate the tack emulsion system used during asphalt repairs. When functioning properly, the system heats and sprays tack oil to ensure proper bonding between new asphalt and the existing pavement surface. However, recurring failures with the heating system and related components have caused the tack emulsion to cool and harden, preventing the truck from operating as intended and resulting in repeated downtime and repairs. These failures have resulted in recurring downtime and costly repairs. Records show that similar PTO-related issues have been documented since 2020, indicating that the unit has experienced reliability concerns for several years. Over the past year alone, repair costs for the patch truck have exceeded $35,000, and the vehicle is currently awaiting additional repair evaluation. Continued mechanical failures have reduced the reliability of the City’s pavement repair operations and limited the ability of crews to respond efficiently to roadway maintenance needs. Replacing the aging patch truck with a modern unit will improve pavement repair reliability, reduce equipment downtime, and lower long-term maintenance costs. Discussion The proposed vehicle is a 2027 Freightliner 114SD chassis equipped with a Bergkamp electric heating pothole patcher body, which provides the capability to heat and apply asphalt material directly at the repair location for pothole and pavement repairs. This equipment will allow crews to perform repairs more efficiently, improve response times, and enhance the durability of pavement maintenance work throughout the City. Packet Page. 1546 National Auto Fleet Group, an authorized Sourcewell vendor, provided a quote for the specified vehicle configuration required by the City. The total quoted purchase price is $428,324.55, which includes the vehicle chassis, patcher body, applicable sales tax and required tire fees. This purchase will be made through Sourcewell Contract No. 032824-NAF, a competitively solicited purchasing agreement for Class 4-8 chassis and related equipment. The City’s Purchasing Policy allows the use of cooperative purchasing agreements when the agreement was competitively procured, and use of the agreement is in the City’s best interest. Sourcewell shows Contract 032824-NAF with National Auto Fleet Group for Class 4-8 and related equipment, maturing July 9, 2028. Staff recommends a 5% contingency in the amount of $21,416.23 to address verified supplier-driven changes in material, labor, freight, or other delivery-related costs before final invoice or delivery. Use of the contingency shall require written vendor documentation, confirmation of eligible funding, and shall not increase the total authorized amount above $449,740.78. To address these operational challenges, the Public Works Department is proposing the purchase of a new asphalt patch truck that utilizes newer, cleaner engine technology that meets current California Air Resources Board (CARB) emissions standards. T The proposed truck will meet current California Air Resources Board emissions standards and is expected to reduce emissions compared with older diesel- powered equipment. Because the replacement vehicle incorporates cleaner fuel technology and supports emission reduction goals, the purchase qualifies for funding through the AB2766 Air Quality Program. AB2766 funds are allocated to local jurisdictions to support projects that reduce air pollution from motor vehicles and improve regional air quality. Utilizing this funding allows the City to replace aging equipment with cleaner, more efficient technology without relying on General Fund resources 2021-2025 Strategic Targets and Goals This item supports the City of San Bernardino’s 2021–2025 Strategic Plan goal of Improved Quality of Life by enhancing the City’s ability to maintain streets and repair potholes in a timely and efficient manner. Approval of this purchase will allow the Public Works Department to improve roadway maintenance operations and respond more effectively to pothole repair needs across the City, resulting in safer roadways, improved driving conditions, and a better overall experience for residents, businesses, and visitors. Fiscal Impact Funding for the purchase of the asphalt patch truck will be provided from a combination Packet Page. 1547 of local and State funding sources. A total of $338,260.00 will be funded using available South Coast Air Quality Management District (AQMD) AB 2766 Subvention Funds, which are restricted for projects and equipment that reduce vehicle emissions and improve air quality. The remaining balance of $111,480.78 will be funded using Road Maintenance and Rehabilitation Account (RMRA) funds established pursuant to Senate Bill 1 (SB 1). RMRA funds are designated for eligible street maintenance and rehabilitation activities and may be used for the purchase of equipment directly related to roadway repair operations, including asphalt patch trucks. The total funding available for this purchase is summarized below: Funding Source Amount AQMD AB 2766 Subvention Funds $338,260.00 SB 1 RMRA Funds $111,480.78 Total Funding $449,740.78 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-064: 1. Approving a Cooperative Goods Purchase Agreement with National Auto Fleet Group for the purchase of one (1) 2027 Freightliner 114SD chassis equipped with a Bergkamp Electric Heating Pothole Patcher Body in the amount of $428,324.55, utilizing Sourcewell Contract No. 032824-NAF; and 2. Approving a contingency in the amount of $21,416.23 (5%), for a total authorized amount not to exceed $449,740.78, to accommodate potential increases in material, freight, and other supplier-driven costs, and authorize the City Manager or designee to execute amendments to the Cooperative Goods Purchase Agreement, if necessary, provided that the total contract amount does not exceed the authorized amount; and 3. Authorizing the City Manager or designee to execute the Cooperative Goods Purchase Agreement, any amendments thereto, and all related documents necessary to effectuate the purchase; and 4. Authorizing the Director of Finance and Management Services to issue a purchase order in an amount not to exceed $449,740.78, provided sufficient appropriations are available in the adopted budget and eligible funding sources. Attachments Attachment 1 - Resolution No. 2026-064 Attachment 2 - Goods Purchasing Agreement – National Auto Fleet Attachment 3 - National Auto Fleet Sourcewell Contract Packet Page. 1548 Ward: All Wards Synopsis of Previous Council Actions: N/A CC: Eric Levitt, City Manager Packet Page. 1549 Resolution No. 2026-064 Resolution No. 2026-064 June 3, 2026 Page 1 of 4 RESOLUTION NO.2026-064 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A COOPERATIVE GOODS PURCHASE AGREEMENT WITH NATIONAL AUTO FLEET GROUP FOR THE PURCHASE OF ONE (1) 2027 FREIGHTLINER 114SD EQUIPPED WITH A BERGKAMP ELECTRIC HEATING POTHOLE PATCHER BODY IN THE AMOUNT OF $428,324.55, UTILIZING SOURCEWELL CONTRACT NO. 032824-NAF; APPROVING A CONTINGENCY IN THE AMOUNT OF $21,416.23, FOR A TOTAL AUTHORIZED AMOUNT NOT TO EXCEED $449,740.78; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE AGREEMENT, ANY AMENDMENTS THERETO, AND ALL RELATED DOCUMENTS NECESSARY TO EFFECTUATE THE PURCHASE; AND AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FISCAL YEAR 2026/27 BUDGET, IF NECESSARY, AND ISSUE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $449,740.78 WHEREAS, the Public Works Department Operations and Maintenance division is responsible for maintaining and repairing the City’s roadway network; and WHEREAS, timely pothole repair and pavement maintenance are essential to preserving roadway conditions and ensuring safe travel for residents, businesses, and visitors; and WHEREAS, the purchase of one (1) 2027 Freightliner 114SD chassis equipped with a Bergkamp Electric Heating Pothole Patcher Body will improve the City’s ability to perform efficient and cost-effective pothole repairs and roadway maintenance; and WHEREAS, the proposed purchase price is $428,324.55, and staff recommends a contingency of $21,416.23 (5%) to address potential increases in labor, material, freight, and other supplier-driven costs, for a total authorized amount not to exceed $449,740.78; and WHEREAS, the vehicle was competitively procured through National Auto Fleet Group utilizing Sourcewell Contract No. 032824-NAF in accordance with the City’s purchasing requirements; and WHEREAS, funding for the purchase is available from South Coast Air Quality Management District AB 2766 Subvention Funds in the amount of $338,260.00 and State Road Maintenance and Rehabilitation Account funds in the amount of $111,480.78; and Packet Page. 1550 Resolution No. 2026-064 Resolution No. 2026-064 June 3, 2026 Page 2 of 4 WHEREAS, no General Fund dollars are required for this purchase. 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 approve a Cooperative Goods Purchase Agreement with National Auto Fleet Group for the purchase of one (1) 2027 Freightliner 114SD chassis equipped with a Bergkamp Electric Heating Pothole Patcher Body in the amount of $428,324.55, utilizing Sourcewell Contract No. 032824-NAF. SECTION 3. The Mayor and City Council hereby approve a contingency in the amount of $21,416.23, for a total authorized amount not to exceed $449,740.78, and authorize the City Manager or designee to execute amendments to the Cooperative Goods Purchase Agreement as necessary, provided the total amount does not exceed the authorized amount. SECTION 4. The Mayor and City Council hereby authorize the City Manager or designee to execute the Cooperative Goods Purchase Agreement, any amendments thereto, and all related documents necessary to effectuate the purchase. SECTION 5. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the Fiscal Year 2025/2026 and/or 2026/27 budget, if necessary, and issue a purchase order in an amount not to exceed $449,740.78, using available South Coast Air Quality Management District AB 2766 Subvention Funds and State Road Maintenance and Rehabilitation Account funds. SECTION 6. 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 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of the Resolution that can be given effect without the invalid provision or application. SECTION 8. Effective Date. This Resolution shall become effective immediately upon adoption. Packet Page. 1551 Resolution No. 2026-064 Resolution No. 2026-064 June 3, 2026 Page 3 of 4 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of June 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 1552 Resolution No. 2026-064 Resolution No. 2026-064 June 3, 2026 Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-064 adopted at a regular meeting held on the 3rd day of June 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of June 2026. Telicia Lopez, CMC, City Clerk Packet Page. 1553 1 CITY OF SAN BERNARDINO GOODS PURCHASE AGREEMENT This Goods Purchase Agreement (“Agreement”) is entered into this 3rd day of June, 2026, 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 72 HOUR LLC, dba NATIONAL AUTO FLEET GROUP, a LIMITED LIABILITY COMPANY with its principal place of business at 490 AUTO CENTER DRIVE, WATSONVILLE, CA 95076 (“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 Packet Page. 1554 2 acceptance thereof or to specify with particularity any defect in nonconforming goods after 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 , delivery, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that are 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 are 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. 1555 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 City hereunder; and (ii) all charges for packing, freight and transportation to destination. 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, 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 Packet Page. 1556 4 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. 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 $1 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.” Packet Page. 1557 5 B. In the event that the Goods are 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 wit hheld. 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. 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. Packet Page. 1558 6 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 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: Packet Page. 1559 7 1. Commercial General Liability Insurance, of at least two million dollars ($2,000,000 per occurrence) and the general aggregate not less than four million dollars ($4,000,000) 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 one million dollars ($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 one million dollars ($1,000,000) per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. 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 one million dollars ($1,000,000). 6. Privacy/Network Security (Cyber Liability), of at least one million dollars ($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. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The 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 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 brought, except with respect to the limi ts 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 insurance. Any available coverage shal l be provided to the parties required to be named as additional insured pursuant to this Agreement. Packet Page. 1560 8 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 :VIII, 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 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, 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 ri ghts 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. 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 Packet Page. 1561 9 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 are 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. 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 Packet Page. 1562 10 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: LYNN MERRILL DIRECTOR OF PUBLIC WORKS With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney SUPPLIER: 72 Hour LLC dba National Auto Fleet Group 490 Auto Center Drive Watsonville, CA 95076 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 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 Packet Page. 1563 11 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. 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. Packet Page. 1564 12 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. 1565 13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 72 Hour LLC dba National Auto Fleet Group 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, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney 72 Hour LLC dba National Auto Fleet Group Signature Name Title Packet Page. 1566 14 EXHIBIT A GOODS SPECIFICATIONS [ATTACHED] Packet Page. 1567 15 Packet Page. 1568 16 Packet Page. 1569 17 Packet Page. 1570 18 Packet Page. 1571 19 Packet Page. 1572 20 Packet Page. 1573 21 Packet Page. 1574 22 Packet Page. 1575 23 Packet Page. 1576 24 Packet Page. 1577 25 Packet Page. 1578 26 Packet Page. 1579 27 Packet Page. 1580 28 Packet Page. 1581 29 Packet Page. 1582 30 Packet Page. 1583 31 Packet Page. 1584 32 EXHIBIT B DELIVERY SCHEDULE Packet Page. 1585 33 EXHIBIT C FEE SCHEDULE Packet Page. 1586 34 EXHIBIT C FEE SCHEDULE The total compensation authorized under this Agreement shall not exceed Four Hundred Forty-Nine Thousand Seven Hundred Forty Dollars and Seventy -Eight Cents ($449,740.78), which includes the base purchase price of Four Hundred Twenty -Eight Thousand Three Hundred Twenty-Four Dollars and Fifty-Five Cents ($428,324.55) for one (1) asphalt patch truck. The total authorized amount includes a contingency in an amount not to exceed Twenty - One Thousand Four Hundred Sixteen Dollars and Twenty-Three Cents ($21,416.23), representing five percent (5%) of the base purchase price, to cover unforeseen costs associated with the manufacture, procurement, delivery, and acceptance of the vehicle. Packet Page. 1587 032824-NAF Rev. 3/2022 1 Solicitation Number: RFP #032824 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC, dba National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. EXPIRATION DATE AND EXTENSION. This Contract expires July 9, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances. B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES Packet Page. 1588 032824-NAF Rev. 3/2022 2 A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. Packet Page. 1589 032824-NAF Rev. 3/2022 3 A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; Packet Page. 1590 032824-NAF Rev. 3/2022 4 x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized Packet Page. 1591 032824-NAF Rev. 3/2022 5 subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE Packet Page. 1592 032824-NAF Rev. 3/2022 6 A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address; x Participating Entity City; x Participating Entity State/Province; x Participating Entity Zip/Postal Code; x Participating Entity Contact Name; x Participating Entity Contact Email Address; x Participating Entity Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted Packet Page. 1593 032824-NAF Rev. 3/2022 7 price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. Packet Page. 1594 032824-NAF Rev. 3/2022 8 D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. Packet Page. 1595 032824-NAF Rev. 3/2022 9 b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Packet Page. 1596 032824-NAF Rev. 3/2022 10 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Packet Page. 1597 032824-NAF Rev. 3/2022 11 The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Packet Page. 1598 032824-NAF Rev. 3/2022 12 no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 – annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Packet Page. 1599 032824-NAF Rev. 3/2022 13 Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Packet Page. 1600 032824-NAF Rev. 3/2022 14 Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with Packet Page. 1601 032824-NAF Rev. 3/2022 15 the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Packet Page. 1602 032824-NAF Rev. 3/2022 16 Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and Packet Page. 1603 032824-NAF Rev. 3/2022 17 records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. Packet Page. 1604 032824-NAF Rev. 3/2022 18 R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. 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&KHFNWKHER[LQWKHFROXPQ,KDYHUHYLHZHGWKLVDGGHQGXPEHORZWRDFNQRZOHGJHHDFKRIWKHDGGHQGD Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC Packet Page. 1618 )LOH1DPH ,KDYHUHYLHZHGWKH EHORZDGGHQGXPDQG DWWDFKPHQWVLI DSSOLFDEOH 3DJHV $GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B 7KX0DUFK$0 $GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B :HG0DUFK30 $GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B 0RQ0DUFK30 $GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B :HG0DUFK$0 $GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B :HG)HEUXDU\30 $GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B :HG)HEUXDU\30 $GGHQGXPBB&ODVV&KDVVLVDQG&DEVB5)3B 7KX)HEUXDU\30 Bid Number: RFP 032824 Vendor Name: 72 HOUR LLC Packet Page. 1619 3 2 8 7 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Lynn Merrill, Director of Public Works Public Works It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-065: 1. Authorizing the City to enter into an Encampment Delegated Maintenance Agreement with the California Department of Transportation (Caltrans) for a one-year pilot program in an amount not to exceed $400,000, to perform encampment abatement, debris removal, and related services within State right-of-way; and 2. Authorizing the City Manager or designee to execute the Agreement and any necessary documents with Caltrans to implement the program. Also authorizing the City Manager to amend the agreement as required by Caltrans and report back to City Council; and 3. Authorizing the Director of Finance and Management Services to appropriate $400,000 to the Operations and Maintenance budget, to be expended and subsequently reimbursed by the State subject to the terms of the Agreement. The City Manager recommends approval by the City Council of Encampment Delegated Maintenance Agreement and authorize City Manager to make any minor amendments as required by Caltrans and report back to City Council. Packet Page. 1620 3 2 8 7 The City of San Bernardino has the opportunity to enter into a Delegated Maintenance Agreement with Caltrans that authorizes the City to remove homeless encampments, litter, and debris along State freeway corridors within City limits. This Agreement aligns with recent statewide efforts led by the Governor to address unsafe encampments and streamline coordination between local jurisdictions and the State. Under this Agreement, the City will perform maintenance and encampment abatement services within designated State right-of-way areas, while also coordinating outreach efforts to connect individuals experiencing homelessness with shelter and supportive services. The State will reimburse the City for up to $400,000 in eligible costs, resulting in no net financial impact to the City’s General Fund. Background Homeless encampments along freeway corridors have become a growing concern across California, presenting significant public health, safety, and environmental challenges. Historically, jurisdictional limitations between local agencies and Caltrans have created inefficiencies in addressing encampments located on State property. To address these challenges, the State has developed a framework through Maintenance Policy Directive (MPD) 1001 R1 to standardize encampment response efforts and allow for delegated maintenance agreements with local agencies. These agreements enable cities to take a more active role in addressing encampments within State right-of-way. The agreement also establishes procedures for prioritizing encampments based on risk levels, coordinating outreach efforts, and ensuring compliance with State and Federal regulations. Discussion The proposed agreement between the City of San Bernardino and Caltrans (Agreement No. DMA-08-26-CN38) authorizes the City to perform encampment removal, litter abatement, and graffiti removal along several key freeway corridors, including Interstate 10, Interstate 215, State Route 210, and other designated routes within City limits. The agreement authorizes the City to remove both Priority Level 1 encampments, which pose an immediate threat to life, health, safety, or infrastructure, and Priority Level 2 encampments, in accordance with State guidelines. In conjunction with these efforts, the City will coordinate outreach activities to connect individuals experiencing homelessness with available shelter and housing resources prior to encampment removal whenever feasible. The scope of work includes the removal of encampments, as well as litter, debris, and graffiti within designated State right-of-way areas. To support field operations, the City intends to utilize the Center for Employment Opportunities (CEO), which will provide workforce assistance while also creating employment opportunities for individuals re- Packet Page. 1621 3 2 8 7 entering the workforce. The State will reimburse the City for actual costs incurred under the agreement, up to a maximum amount of $400,000, with quarterly reimbursement limits of $50,000 in place, unless otherwise approved. Implementation of the program will require coordination with Caltrans and the California Highway Patrol to ensure proper scheduling, adherence to safety requirements, and appropriate traffic control during operations. Reimbursement is based on documented expenses submitted through quarterly invoicing and must comply with Caltrans requirements. The primary categories of eligible reimbursable costs include: Cost Category Description Labor Costs Staff time associated with encampment abatement, cleanup operations, outreach coordination, and supervision Contracted Services Services provided by third-party vendors, including the Center for Employment Opportunities (CEO) Equipment and Supplies Tools, personal protective equipment (PPE), materials, and operational supplies necessary to perform maintenance services Disposal Costs Fees associated with the legal disposal of trash, debris, and encampment materials at authorized facilities Hazardous Material Handling Costs related to the identification, handling, and disposal of hazardous waste encountered during operations Traffic Control and Safety Costs associated with traffic control measures, lane closures, signage, and coordination with law enforcement agencies Documentation and Reporting Administrative costs related to required reporting, including before-and-after documentation and compliance tracking All reimbursement requests must include detailed supporting documentation, including dates of service, locations, labor hours, receipts, and photographic evidence, in accordance with Caltrans billing requirements. Additionally, the City must comply with all applicable State requirements, including the storage of personal property for a minimum of 60 days, proper handling and disposal of hazardous materials, adherence to worker safety and labor compliance standards, and thorough documentation and reporting of all activities, including the submission of before-and- after photographs. 2021-2025 Strategic Targets and Goals The agreement also supports the City’s Quality of Life goals by improving cleanliness and environmental conditions throughout key transportation corridors. The removal of debris, litter, and graffiti within State right-of-way contributes to a cleaner, more maintained urban environment, which benefits residents, businesses, and visitors while enhancing overall community perception. Packet Page. 1622 3 2 8 7 Fiscal Impact The impact to the General Fund is $400,000. Eligible expenditures will be reimbursed by the State of California on a quarterly basis, not to exceed $400,000, in accordance with the terms of the Agreement. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-065: 1. Authorizing the City to enter into an Encampment Delegated Maintenance Agreement with the California Department of Transportation (Caltrans) for a one-year pilot program in an amount not to exceed $400,000, to perform encampment abatement, debris removal, and related services within State right-of-way; and 2. Authorizing the City Manager or designee to execute the agreement and any necessary documents with Caltrans to implement the program; and 3. Authorizing the Director of Finance and Management Services to appropriate $400,000 to the Operations and Maintenance budget, to be expended and subsequently reimbursed by the State subject to the terms of the Agreement. Attachments Attachment 1 – Resolution 2026-065 Attachment 2 – Delegated Maintenance Agreement California Department of Transportation Ward: All Wards Synopsis of Previous Council Actions: N/A CC Eric Levitt, City Manager Packet Page. 1623 Resolution No. 2026-065 Resolution No. 2026-065 June 3, 2026 Page 1 of 4 RESOLUTION NO. 2026-065 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA; (1) AUTHORIZING THE CITY TO ENTER INTO AN ENCAMPMENT DELEGATED MAINTENANCE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR A ONE-YEAR PILOT PROGRAM IN AN AMOUNT NOT TO EXCEED $400,000 TO PERFORM ENCAMPMENT ABATEMENT, DEBRIS REMOVAL, AND RELATED SERVICES WITHIN STATE RIGHT-OF-WAY; (2) AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE AGREEMENT AND ANY NECESSARY DOCUMENTS WITH CALTRANS TO IMPLEMENT THE PROGRAM; AND (3) AUTHORIZING THE DIRECTOR OF MANAGEMENT SERVICES TO APPROPRIATE $400,000 TO THE OPERATIONS AND MAINTENANCE BUDGET, TO BE EXPENDED AND SUBSEQUENTLY REIMBURSED BY THE STATE SUBJECT TO THE TERMS OF THE AGREEMENT WHEREAS, homeless encampments located within State right-of-way present ongoing public health, safety, and environmental concerns; and WHEREAS, the California Department of Transportation (Caltrans) has established a framework to allow local agencies to perform encampment abatement and maintenance services within State right-of-way through delegated maintenance agreements; and WHEREAS, the City of San Bernardino desires to enter into an Encampment Delegated Maintenance Agreement with Caltrans to improve response times, enhance coordination, and address unsafe and unsanitary conditions along freeway corridors within the City; and WHEREAS, the proposed agreement authorizes the City to perform encampment abatement, debris removal, and related services within designated State right-of-way locations; and WHEREAS, the State of California will reimburse the City for eligible costs incurred under the Encampment Delegated Maintenance Agreement in an amount not to exceed $400,000, with reimbursement generally limited to $50,000 per quarter unless otherwise approved in writing by Caltrans; and WHEREAS, the City will utilize existing operational resources and workforce support, including the Center for Employment Opportunities, to carry out the services outlined in the agreement; and Packet Page. 1624 Resolution No. 2026-065 Resolution No. 2026-065 June 3, 2026 Page 2 of 4 WHEREAS, it is necessary to appropriate funds to the Operations and Maintenance budget to allow for the upfront expenditure of costs prior to reimbursement by the State. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council hereby authorize the City to enter into an Encampment Delegated Maintenance Agreement with the California Department of Transportation (Caltrans) for a one-year pilot program in an amount not to exceed $400,000, to perform encampment abatement, debris removal, and related services within State right-of-way. SECTION 2. The Mayor and City Council hereby authorize the City Manager or designee to execute the agreement and any necessary documents with Caltrans to implement the program. SECTION 3. The Mayor and City Council hereby authorize the Director of Finance Management Services to appropriate $400,000 from the general fund to the Operations and Maintenance budget, to be expended and subsequently reimbursed by the State subject to the terms of the Agreement. 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 to be invalid, such invalidity shall not affect other provisions or applications of the Resolution that can be given effect without the invalid provision or application. SECTION 6. Effective Date. This Resolution shall become effective immediately upon adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of June 2026. Helen Tran, Mayor City of San Bernardino Packet Page. 1625 Resolution No. 2026-065 Resolution No. 2026-065 June 3, 2026 Page 3 of 4 Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 1626 Resolution No. 2026-065 Resolution No. 2026-065 June 3, 2026 Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-065, adopted at a regular meeting held on the 3rd day of June 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this __day of June 2026. Telicia Lopez, CMC, City Clerk 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 Packet Page. 1637 Packet Page. 1638 Packet Page. 1639 Packet Page. 1640 Packet Page. 1641 Packet Page. 1642 Packet Page. 1643 Packet Page. 1644 Packet Page. 1645 Packet Page. 1646 Packet Page. 1647 Packet Page. 1648 Packet Page. 1649 3 2 3 3 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Lynn Merrill, Director of Public Works Public Works It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute a Vendor Services agreement with West Coast Netting for Driving Range Repair services at the Shandin Hills Golf Course in an amount not to exceed $244,593 and 2. Authorize an additional contingency budget of $31,903 for construction management and inspection services for a total project cost of $276,497; and 3. Authorize the City Manager to execute all necessary documents and expend the contingency budget as appropriate. The budget provides for up to $1 million in improvements to the golf course. The netting project is a critical improvement. The City Manager recommends approval. Shandin Hills Golf Course is a significant municipal asset requiring routine maintenance, capital improvements, and dedicated operational management. During a recent inspection, staff identified critical safety and liability concerns regarding the golf course driving range’s aging infrastructure. Specifically, the protective netting is severely damaged, and one wooden support beam has reached the end of its service life. Staff recommends executing a Vendor Services Agreement with West Coast Netting Packet Page. 1650 3 2 3 3 to repair all netting panels, broken or loose cables as needed, and to remove and replace the broken wood support beam. Sufficient funding exists in the approved FY 2025-2026 Capital Improvement Program budget for the Shandin Hill Golf Course to cover the costs of these repairs. Background The Shandin Hills Golf Course is owned by the City of San Bernardino and consists of three (3) parcels (APNs 0148-011-30; 0148-021-59; 0148-022-06) totaling 112.18 acres and is located at 3380 Little Mountain Drive. The Shandin Hills Golf Course was constructed between 1980 and 1986 and consists of an 18-hole golf course, an 18,409 square foot clubhouse/banquet facility and maintenance facility. The property is designated as Public/Commercial Recreational (“PCR”) on both the General Plan Land Use Map and on the Zoning Map. The property was originally built by Warner Hodgdon, a prominent San Bernardino developer, and subsequently gifted to the former San Bernardino Redevelopment Agency (“Agency”). The Agency acquired the property in order to meet the revitalization goals of the City and to alleviate the existence and spread of physical and economic blight throughout the City. The original deed included a “reverter provision” stating that if the property ceased to be used as a golf course, ownership would revert to the original owners or their successors. In 1985, the Agency and the Hodgdons entered into an Agreement that included a section stating that the City would like the reverter provision removed via a quitclaim deed to the Agency effectively canceling all reverter rights. A quitclaim deed was subsequently recorded in 1985. In 2015, subsequent to the approval of the Long Range Property Management Plan, the Shandin Hills Golf Course was transferred from the Successor Agency to the City. As the property owner, the City is responsible for the long-term stewardship of the site's major infrastructure. City staff regularly evaluates the condition of these assets to identify and address deferred maintenance, ensuring that the facility remains a safe and viable recreational resource for the community. Discussion Shandin Hills Golf Course is a significant municipal asset requiring routine maintenance, capital improvements, and dedicated operational management. Following the successful mitigation of safety risks during the recent sewer line replacement, Public Works and Parks leadership conducted a follow-up safety audit of high-use facilities. This inspection revealed that deferred maintenance at the driving range has reached a critical failure point; specifically, the protective netting is severely damaged and a wooden support post has reached the end of its service life. Given that safety and liability are paramount in managing City-owned assets, these findings represent an immediate risk requiring urgent intervention. Project Overview and Necessity The proposed Agreement with West Coast Netting includes a total not to exceed amount of $244,583 (including a fifteen percent contingency), provides for the critical Packet Page. 1651 3 2 3 3 restoration of the driving range’s safety infrastructure. In addition, staff recommend authorization an additional contingency budget of $31,903 for specialized construction management and inspection services for total project of $276,497. As part of their scope of work, West Coast Netting will perform the following: •Removal and replacement of a broken wooden support beam on the left side of the range. •Comprehensive replacement of all netting panels with new, UV-treated golf netting. •Repair of all broken or loose cables and handle the offsite disposal of damaged materials. This work is an operational necessity. The broken pole and degraded netting currently compromise the facility's ability to contain golf balls within the property, creating a significant liability and safety risk to customers on the facility, nearby homes, and the adjacent public freeway. By replacing the entire netting system rather than performing localized repairs, the City ensures a longer asset life-cycle and reduces the likelihood of further emergency repairs in the near future. Beyond safety, these repairs are vital to maintaining the driving range as a functional city asset; failing to act now would likely result in further degradation of the facility, leading to service interruptions and a loss of recreational revenue. Procurement and Compliance Due to the urgent nature of the driving range netting repairs and the critical need to mitigate immediate liability, staff bypassed a formal RFP process. Three quotes were solicited, and two were successfully received and evaluated. Staff recommend selecting West Coast Netting, which allows the City to expedite the timeline and address the most high-risk areas immediately. Firm Name Original Fee Proposal West Coast Netting $198,000 Judge Netting $198,700 The Agreement with West Coast Netting is being brought forward for the Mayor and City Council’s approval in accordance with Section 3.04.010 D.3. of the City’s Municipal Code (Attachment 2) and Section V (e) of the City’s Purchasing Policy (Attachment 3). As outlined in both the Municipal Code and Purchasing Policy, a purchase that is otherwise approved by the action of the Mayor and City Council in a public meeting is exempt from the City’s Purchasing Policy. Emergency Sewer Line Repair Project In early April 2026, a critical sewer main failure at the golf course restrooms prompted emergency repairs to resolve safety and liability risks. Because the fragile cast-iron pipes were underground, the contractor had to cut through and excavate concrete Packet Page. 1652 3 2 3 3 floors inside the men's restroom and a nearby outdoor alleyway. The crew successfully cleared the blockage, structurally sealed 35 feet of the main line with a protective lining, and completely replaced a failing pipe section near the grease traps before patching the concrete. Following the contractor’s structural repairs, internal facilities staff completed the project by reinstalling the restroom floor tile. The emergency services, materials, and restoration totaled $22,670.80 2021-2025 Strategic Targets and Goals Approval of a Vendor Services Agreement with West Coast Netting for driving range repair services aligns with Key Strategic Goal 3: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service. Fiscal Impact There is no additional fiscal impact associated with this item. $1,000,000 has already been budgeted in Fiscal Year 2025-2026 Capital Improvement Project funds specifically for the Shandin Hills Golf Couse. A breakdown of this specific CIP budget is below: Description Amount CIP Budget Allocation $1,000,000 Sewer Line Replacement Project ($22,670.80) Driving Range Repair Agreement with West Coast Netting ($244,593) Driving Range Repair Project Additional Contingency (Specialized Construction Management & Inspection Services) ($31,903) Remaining Budget $700,832.20 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to execute an agreement with West Coast Netting for Driving Range Repair services at the Shandin Hills Golf Course in an amount not to exceed $244,593, and 2. Authorize an additional contingency budget of $31,903 for construction management and inspection services for a total project cost of $276,497; and 3. Authorize the City Manager to execute all necessary documents and expend the contingency budget as appropriate. Attachments Attachment 1 Vendor Services Agreement – West Coast Netting Attachment 2 Quote Attachment 3 Original Deed Packet Page. 1653 3 2 3 3 Attachment 4 Quitclaim Ward: 5 Synopsis of Previous Council Actions: N/A CC: Eric Levitt, City Manager Packet Page. 1654 1 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST NETTING This Agreement is made and entered into as of June 3, 2026 (“Effective Date”) 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 WEST COAST NETTING a Corporation with its principal place of business at 5075 Flightline Dr., Kingman, AZ 86401 (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 vendor services for the following project: DRIVING RANGE REPAIR PROJECT (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. Vendor Practices. All vendor 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.” TOTAL OF $212, 690.00; $198,000 All WORK ABOVE PREVAILING WAGE, $5,940 PERFORMANCE BOND, $8,750 SALES TAX, CONTINGENCY NOT TO EXCEED $31,903 Packet Page. 1655 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $244,593.00 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 o r 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. 6. Term. This Agreement shall commence on the Effective Date and continue through November 1, 2026, 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. 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 Packet Page. 1656 3 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 practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry 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 Packet Page. 1657 4 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 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. Packet Page. 1658 5 (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) 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 Packet Page. 1659 6 (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 work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. g. Aviation and/or Drone Liability 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 Packet Page. 1660 7 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 $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 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. Packet Page. 1661 8 (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 (3) 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:VIII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. Packet Page. 1662 9 (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 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 Packet Page. 1663 10 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 agre es 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 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 Packet Page. 1664 11 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 en titled 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 services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the mat ter 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. Packet Page. 1665 12 27. Organization. Consultant shall assign MIKE HEBERT 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: Eric Levitt, City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: DAN KIRKLAND 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 Packet Page. 1666 13 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 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. Packet Page. 1667 14 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 Signatures. 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. 1668 15 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST NETTING IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Eric Levitt City Manager ATTESTED BY: Telicia Lopez, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT WEST COAST NETTING DAN KIRKLAND APPROVED BY: DAN KIRLAND OWNER Packet Page. 1669 16 Packet Page. 1670 QUOTATION – QUOTATION - QUOTATION QUOTATION DKMH26-442196-P.W.Rev.3 WEST COAST NETTING 5075 FLIGHTLINE DR. TO: Attn: KINGMAN, AZ 86401 Re: TOLL FREE: 800-854-5741 Fax/Email: FAX: 928-692-1501 Phone #: F.O.B. Terms Date 5/26/2026 QUANTITY 1 1 1 Above Prices Good For: Signature: VANESSA CARDER GOLF RANGE NETTING Carder_va@sbcity.org 909-633-1239 SHANDIN HILLS Excludes: bonds, permits, turf damage, utility damage, off haul of spoils, Hardrock drilling, hole casing, dewatering inspections, union wages labor, survey, engineering, Concrete cutting or demo, temporary fencing or facilities SUB TOTAL $212,690.00 30 days Dan Kirkland weekend P.Wage * S.O.W. = SCOPE OF WORK IE: DON’T NEED PERMIT BS TOTAL NETTING WILL BE OUR HEAVY DUTY W420T U.V. TREATED WITH PERIMETER BORDER ROPES REPAIR ALL BROKEN OR LOOSE CABLES AS NEEDED LOT PRICE FOR ALL WORK ABOVE + PREV. WAGES PERMORMANCE BOND 3% OF TOTAL JOB PRICE SALES TAX @ 8.75% JOB ADDRESS: 3380 LITTLE MOUNTAIN DR 92405 >> SEE GRAPHICS <<< REMOVE & REPLACE BROKEN WOOD POLE (LEFT SIDE) $8,750.00 $198,000.00 $5,940.00 $8,750.00 $198,000.00 $5,940.00 T.B.D. FULL GOLF RANGE NETTING REPLACEMENT PRICE PERMITS AND/OR PERMIT FEES NOT INCLUDED PERMITS LIKELY NOT NEEDED FOR REPAIRS S.O.W.* Estimated Lead Time TOTAL T.B.D.Kingman, AZ DESCRIPTION Packet Page. 1671 Packet Page. 1672 Packet Page. 1673 Packet Page. 1674 Packet Page. 1675 Packet Page. 1676 Packet Page. 1677 Packet Page. 1678 Packet Page. 1679 Packet Page. 1680 Packet Page. 1681 Packet Page. 1682 Packet Page. 1683 3 1 9 1 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Lynn Merrill, Director of Public Works Public Works It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve increase to the contingency budget for the Speicher Park Ballfields Project (Project) in the amount of $1,300,000 increasing the total contingency budget amount to $2,044,981; and 2. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. N/A To effectively utilize the available funding currently allocated to the Project, staff have negotiated scope revisions to deliver more substantial changes throughout the park ballfields. To carry out the remaining scope revisions, an increase to the total contingency budget is needed to, which would allow the City Manager or designee to execute the remaining change orders. On June 1, 2022, the Mayor and City Council approved Resolution No. 2022-102 adopting the City's Annual Operating Budget for Fiscal Year 2022/23. The budget Packet Page. 1684 3 1 9 1 included CIP Project for Speicher Memorial Park Ballfield Improvements ("Project"). Funding to support the Project has been established in the amount of $950,000 from a San Manuel Band of Mission Indians grant and $1,000,000 in American Rescue Plan (ARPA/County) funding, for a total amount of $1,950,000. On June 26, 2024 the Mayor and City Council adopted the FY 2023/24 amended budget. As part of this adopted budget, $1,300,000 in Measure S funding was allocated to the Project. On August 7, 2024 the Mayor and City Council adopted resolution 2024-175 approving the award of an agreement with Bilbro Construction Company, Inc. in the amount of $2,915,258.44 for construction of the Project, and approving Task Order Number 001 with TKE Engineering, Inc. in the amount of $415,019 for construction management and inspection services. A contingency budget of $744,981 was also approved. This brought the total approved funding amount to $4,075,258.44. Discussion To effectively utilize the available funding for the Project, staff moved forward with a multi-phased project delivery approach. The first construction phase was originally intended to focus on converting the largest and centrally located ballfield to from natural turf to synthetic turf and the renovation of the southern restroom/concession building. After the project was awarded, City staff met with the contractor to confirm the type of synthetic turf to be used on the project. It was determined that the most suitable turf for the ballfield would incur a higher cost than originally anticipated. City staff proceeded to discuss transitioning to a multi-field improvement approach that would include improvements to the two southern ballfields in addition to the central ballfield. Over the course of the project various adjustments to the scope and contract cost were negotiated with the contractor to implement the changes. The emphasis would now be to complete natural turf improvements across each of the three ballfields. Some of the improvements have been authorized through change orders using the previously approved contingency budget. To authorize the remaining contract change orders necessary to complete the project, an increase to the contingency budget is recommended. The project budget summary below includes the current project costs in addition to the estimate total project change orders. Additional work included in the project change orders includes, but is not limited to: •Negotiated Field Overhead Compensation for Removed Bid Items •Negotiated Time Extension Field Overhead Compensation •Additional path of travel improvements •Additional soil import for Huchabaa Field •Refurbishment of backstop for Huchabaa Field •Ramp and handrail improvements •Lighting conduits Packet Page. 1685 3 1 9 1 •Additional restroom/concession building improvements •Southern field improvements (fencing, sod, grading etc.) Taking into consideration the additional work, the estimate construction completion is July 2026. Project Budget Summary County ARPA $950,000.00 San Manuel Endowment $1,000,000.00 Cultural Development Fund $2,574,670.02 Measure S $1,300,000.00 Original Design Services (IDS)($180,943.00) Design Services Amendment No. 1 ($248,179.00) Design Services Amendment No. 2 ($217,626.00) Original Construction Award (Bilbro)($2,915,258.44) Net Approved Change Orders ($1,017,380.59) Pending Change Orders ($232,033.53) Anticipated Change Orders (Estimated)($147,000.00) Original Construction Management/Inspection Services ($415,019.00) Additional Construction Management/Inspection Services ($200,162.00) Geotechnical Testing Services ($56,297.00) City Administrative Costs (Estimated)($25,000.00) Remaining Budget $169,771.46 The previously allocated Measure S funding ($1,300,000) was not authorized for use at the time of the original construction agreement award on August 7, 2024. To utilize Measure S funding to complete the project a contingency budget increase of $1,300,000 is recommended. This will address current project costs and provide sufficient remaining contingency capacity for unforeseen conditions, additional field adjustments, and other construction-related changes that may arise during completion of the Project. Establishing additional contingency authority at this stage is intended to minimize project delays and reduce the need for subsequent Council actions related to minor construction modifications or unforeseen site conditions. Proposed Budget Original Contingency Budget $744,981.00 Proposed Contingency Increase (Measure S)$1,300,000.00 Total Proposed Project Contingency Budget $2,044,981.00 2021-2025 Strategic Targets and Goals This Project is consistent with Key Target No.4: Economic Growth & Development. Completion of this Project will improve park assets by providing a renovated Packet Page. 1686 3 1 9 1 restroom/concession building and improvements to the baseball fields to provide a safe and well-maintained community park. Fiscal Impact There is no General Fund impact associated with this item. There is sufficient funding available in the previously approved Measure S funding allocation to cover the cost of the $1,300,000 contingency increase. This action will bring the project contingency budget to $2,044,981. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve increase to the contingency budget for the Speicher Park Ballfields Project (Project) in the amount of $1,300,000 increasing the total contingency budget amount to $2,044,981; and 2. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Location Map Ward: First Ward Synopsis of Previous Council Actions: June 1, 2022 Approved Resolution No. 2022-102 adopting the City's Annual Operating Budget for Fiscal Year 2022/23, establishing a CIP project for the Speicher Memorial Park Ballfields Project. Funding for this project was in the amount of $950,000 from the San Manuel Band of Mission Indians and $1,000,000 from County ARPA Funds. June 26, 2024 Adopted the FY 2023/24 amended budget, providing an additional $1,300,000 in Measure S funding. August 7, 2024 Adopted resolution 2024-175 approving the award of an agreement with Bilbro Construction Company, Inc. in the amount of $2,915,258.44 for construction of the Project, approving Task Order Number 001 with TKE Engineering, Inc. in the amount of $415,019 for construction management and inspection services, and a contingency budget of $744,981 Packet Page. 1687 3 1 9 1 CC: Eric Levitt, City Manager Packet Page. 1688 Attachment 1 Speicher Memorial Park 1000 ft N ➤➤ N Packet Page. 1689 3 2 9 3 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Lynn Merrill, Director of Public Works Azzam Jabsheh, Deputy Director of Public Works/City Engineer Public Works 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 Estate Design and Construction, Inc., in the amount of $238,800 for the Feldheym Library Makerspace (Project); and 2. Authorize the construction contingencies, construction management, and administrative costs in the total amount of $36,000 for the Project, bringing the total Project budget to $274,800; and 3. Authorize the City Manager or designee to execute all documents with Estate Design and Construction, Inc.; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the Project. The City Manager recommends approval Awarding this Agreement will allow the City to proceed with the renovations to a room within the Feldheym Library, advancing completion of the previously approved Animakerspace project. The Animakerspace will offer a dynamic environment where Packet Page. 1690 3 2 9 3 both students and small businesses can thrive. Programming will be designed to address the impact of learning loss for K-12 students (e.g., high-quality tutoring, differentiated instruction) hands-on science, technology, engineering, arts, and math. Background On October 2, 2024, the Mayor and City Council adopted Resolution 2024-213 approving the allocation of $1,797,174 in American Rescue Plan Act (ARPA) Funds for a customized library Animakerspace at the Feldheym Library. Of this amount, $1,091,408.59 was awarded to Garner Holt Education Through Imagination, LLC (Garner Holt) for Animakerspace technologies and curriculum development. An Inter- agency agreement was also approved for the remaining $705,765.36 for staff to implement and oversee the Animakerspace Program. The inter-agency agreement is consistent with Treasury’s SLFRF Obligation Interim Final Rule and FAQ 17.6. Treasury guidance provides that an inter-agency agreement between departments or agencies within the same government may constitute a valid obligation where the agreement identifies the eligible project, commits SLFRF funding, and requires performance or payment. Because the obligation occurred prior to the statutory deadline, the recipient may continue carrying out the project during the expenditure period through December 31, 2026, including entering into contracts in 2025 or 2026 that are necessary to implement the previously obligated project. The 2026 contract does not create a new obligation of SLFRF funds; rather, it is a procurement action undertaken to execute and complete an already obligated project. Discussion The proposed construction agreement includes the remodeling of a room within the Feldheym Library. The room will be reconfigured to allow for the installation of equipment purchasing from Garner Holt to support the Animakerspace Program. Equipment to be installed after construction includes a truss lighting system, S.P.A.R.K.E. Animatronics, vacuum former, vinyl printer, heat press, particle/fume filtration system, laser cutter, embroidery machine, spray booth, 3D printer, and other elements to support the programming. The Project was publicly advertised for competitive bidding through PlanetBids on March 3, 2026, and bids were opened on March 31, 2026. A total of fifteen (17) sealed bids were received. Bid Summary Table #NAME OF BIDDER CITY TOTAL BID 1 Estate Design and Construction Culver City, CA $238,800.00 2 All American Building Services Santa Clarita, CA $246,110.00 Packet Page. 1691 3 2 9 3 3 Earth General Construction Fontana, CA $250,981.79 4 Steady Solutions Westlake Village, CA $274,170.08 5 RS Construction & Development Inc.Ontario, CA $258,966.00 6 Stallworth Construction & Management Corp.Palmdale, CA $266,225.45 7 YMC First Trade LLC Irvine, CA $268,971.50 8 Prima Cast Construction LLC Anaheim, CA $284,443.40 9 BCM Group Inc.Rancho Cucamonga, CA $315,821.80 10 KNC Construction Inc.Apple Valley, CA $333,598.60 11 NW Building Group Tustin, CA $336,103.00 12 Monet Construction Inc.Tujunga, CA $338,299.05 13 MBE Construction Beaumont, CA $360,050.00 14 Co Brothers Riverside, CA $369,208.00 15 JM Builders Inc.Redlands, CA $384,000.00 16 EDRA Construction Corp.Glendora, CA $402,141.00 17 Blackstone Builders Inc.Riverside, CA $410,292.00 After review, staff determined that Estate Design and Construction, Inc., of Culver City, California, submitted the lowest responsive and responsible bid in the amount of $238,800.00. Staff reviewed the bid documents, CSLB license, and DIR registration, and confirmed that all requirements were met and recommend awarding the construction agreement to Estate Design and Construction, Inc. In addition to the proposed construction bid cost, staff recommend a construction contingency budget of $36,000. This brings the total construction budget to $274,800. Proposed Construction Agreement Budget Construction Bid Amount $238,800.00 Construction Contingency $36,000.00 Total Construction Agreement Budget $274,800.00 The project will utilize a portion of the previously allocated $705,765.36 ARPA funding that was set aside for program implementation. Project Budget Packet Page. 1692 3 2 9 3 Implementation Budget $705,765.36 Construction Agreement Cost ($274,800) Remaining Budget $430,965.36 2021-2025 Strategic Targets and Goals This project is consistent with Key Strategic Target and Goal No. 3: Improved Quality of Life – the Animakerspace combines creative learning with entrepreneurial support, offering a dynamic environment where both students and small businesses can thrive. Fiscal Impact No general fund impact is associated with this item, The total cost of $274,413.00 will be funded by the previously approved ARPA allocation.. Conclusion 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 Estate Design and Construction, Inc., in the amount of $238,800 for the Feldheym Library Makerspace (Project); and 2. Authorize the construction contingencies, construction management, and administrative costs in the total amount of $36,000 for the Project, bringing the total Project budget to $274,800; and 3. Authorize the City Manager or designee to execute all documents with Estate Design and Construction, Inc.; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the Project. Attachments Attachment 1 Construction Agreement with Estate Design and Construction, Inc. Attachment 2 Bid Tabulation Attachment 3 Bid Proposal Attachment 4 Location Map Ward: Ward 1 Synopsis of Previous Council Actions: October 2, 2024, Mayor and City Council Adopted Resolution 2024-213 Approving the allocation of $1,797,174 in American Rescue Packet Page. 1693 3 2 9 3 Plan Act (ARPA) Funds for a Customized Library Animakerspace at the Norman F. Feldheym Central Library CC: Eric Levitt, City Manager Packet Page. 1694 Makerspace Room Remodel -1- 00 52 13 – CONTRACT FOR CONSTRUCTION 00 52 13 – CONTRACT FOR CONSTRUCTION This Contract for Construction (“Contract”), No. GB25-008 is made and entered into this 3rd day of June, 2026 by and between the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Estate Design and Construction, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: Feldheym Library Makerspace Project Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 60 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Hundred Thirty-Eight Thousand Six Hundred Twenty Dollars ($238,620). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule. ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code Section 53069.85, it is agreed that the Contractor will pay the City the sum of $500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Packet Page. 1695 Makerspace Room Remodel -2- 00 52 13 – CONTRACT FOR CONSTRUCTION Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Forms Bid Acknowledgement Bid Schedule Bid Guarantee Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor DIR Registration Certification Performance Bond Payment (Labor and Materials) Bond Contract for Construction General Conditions Special Conditions Specifications Addenda Construction Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Reference Specifications Approved and fully executed Change Orders Permits Compliance With American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Fund (CLFRF) Federal Guidelines Use of ARPA CLFRF and Requirements Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties. ARTICLE 5. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. Packet Page. 1696 Makerspace Room Remodel -3- 00 52 13 – CONTRACT FOR CONSTRUCTION ARTICLE 6. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. ARTICLE 7. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. ARTICLE 8. FALSE CLAIMS. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Packet Page. 1697 Makerspace Room Remodel -4- 00 52 13 – CONTRACT FOR CONSTRUCTION IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF SAN BERNARDINO By: ERIC LEVITT CITY MANAGER ATTEST: By: TELICIA LOPEZ, CITY CLERK APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney ESTATE DESIGN AND CONSTRUCTION, INC. [IF CORPORATION, TWO SIGNATURES, PRESIDENT OR VICE PRESIDENT AND SECRETARY OR TREASURER REQUIRED] By: Its: Printed Name: [DELETE THE FOLLOWING SIGNATURE LINE IF NOT REQUIRED] By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (CONTRACTOR’S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) END OF CONTRACT Packet Page. 1698 Makerspace Room Remodel -5- 00 61 13 – BOND FORMS 00 61 13 – BOND FORMS Performance Bond KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Packet Page. 1699 Makerspace Room Remodel -6- 00 61 13 – BOND FORMS Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Packet Page. 1700 Makerspace Room Remodel -7- 00 61 13 – BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above) (Telephone number of Surety ___________________________________________ and Agent or Representative for service of process in California) Packet Page. 1701 Makerspace Room Remodel -8- 00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Packet Page. 1702 Makerspace Room Remodel -9- 00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND Packet Page. 1703 Makerspace Room Remodel -10- 00 61 13 – BOND FORMS Payment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or Packet Page. 1704 Makerspace Room Remodel -11- 00 61 13 – BOND FORMS pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Packet Page. 1705 Makerspace Room Remodel -12- 00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Packet Page. 1706 Makerspace Room Remodel -13- 00 61 13 – BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND Packet Page. 1707 Makerspace Room Remodel -14- 00 72 00 – GENERAL CONDITIONS 00 72 00 – GENERAL CONDITIONS ARTICLE 1 -TERMS; DEFINITIONS 1.1 Defined Terms A. Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale, a tidal wave, or unpredictable natural disaster or event beyond human control that causes significant damage. 2. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents. 3. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the Engineer determines that it is not covered by the Contract. 4. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work. 5. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. 6. Bid Guarantee -- The Bid Bond, cashier’s check, or certified check to be made by the Bidder, which is to accompany the Bid as a guaranty of good faith to enter into a written contract. 7. Bidder -- The individual or entity who submits a Bid directly to the City. 8. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents. 9. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”). 10. City’s Representative – The Public Works Director, and acting through properly authorized agents, such as the Engineer or such other agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents. The terms the City and Owner may be used interchangeably Packet Page. 1708 Makerspace Room Remodel -15- 00 72 00 – GENERAL CONDITIONS 11. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 12. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents. 13. Contract Documents -- The documents listed in Section 00 52 13, Article 5 of the Contract for Construction. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents. 14. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs. 15. Contract Time -- The number of days or the dates stated in the Contract Documents to: achieve defined milestones, if any; and to complete the Work so that it is ready for final payment. 16. Contractor -- The individual or entity with which the City has contracted for performance of the Work. 17. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On-Site Representative will be identified by the Contractor and shall not be changed without prior written consent of the City. 18. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage. 19. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties. 20. Day -- A calendar day of twenty four (24) hours measured from midnight to the next midnight. Packet Page. 1709 Makerspace Room Remodel -16- 00 72 00 – GENERAL CONDITIONS 21. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents. 22. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site. 23. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor Submittals are not Drawings as so defined. 24. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver. 25. Engineer -- Whenever not qualified, shall mean the City Engineer or the Engineer authorized to act for and in behalf of the City, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. 26. Force Majeure Event -- 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 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; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every Tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. 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. 27. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time, or any substance or material identified as hazardous under any state or federal statute governing handling, disposal and/or cleanup of any such substance or material, whichever is more restrictive. 28. Holiday – Holidays occur on: New Year’s Day - January 1 President’s Day – Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4 Labor Day - First Monday in September Veteran’s Day - November 11 Packet Page. 1710 Makerspace Room Remodel -17- 00 72 00 – GENERAL CONDITIONS Thanksgiving Day - Fourth Thursday in November Friday after Thanksgiving Christmas Eve – December 24 Christmas Day - December 25 Day After Christmas – December 26 New Year’s Eve – December 31 If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays. 29. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract. 30. Notice of Completion -- The form which may be executed by the City constituting final acceptance of the Project. 31. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run. 32. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 33. Record Drawings – The record set of as-builts prepared by the Contractor during the Work in accordance with the requirements of the General Conditions. 34. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include, but are not limited to, asphalt, concrete, brick, concrete block, and rock. 35. Sample -- A physical example furnished by the Contractor to illustrate materials, equipment or workmanship; to establish standards by which the Work will be judged. 36. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities. 37. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 38. Site -- Lands or areas indicated in the Contract Documents as being furnished by the City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the City which are designated for the use of Contractor. Packet Page. 1711 Makerspace Room Remodel -18- 00 72 00 – GENERAL CONDITIONS 39. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 40. Stop Payment Notice -- A written notice as defined in Civil Code Section 8044. 41. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site. 42. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work. 43. Successful Bidder -- The responsible Bidder submitting a responsive Bid to whom the City makes an award. 44. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work. 45. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its Bid or as adjusted in accordance with the Contract Documents. 47. Warranty -- A guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this state, whichever is longer. 48. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 1.2 Terminology. A. The words and terms below are not defined but, when used in the Contract Documents, have the indicated meaning. 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment Packet Page. 1712 Makerspace Room Remodel -19- 00 72 00 – GENERAL CONDITIONS to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. Regardless of whether “furnish,” “install,” “perform,” or “provide” is used in connection with services, materials, or equipment, an obligation of Contractor is implied. B. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 -PRELIMINARY MATTERS 2.1 Delivery of Contract Documents A. Within ten (10) Days after receipt of the Notice of Award and before the City will execute the Contract, the Contractor shall furnish and file with the City a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements, as well as any other documents specified in the Contract Documents. 2.2 Bonds A. Contractor shall submit the bonds on the forms provided with the Contract Documents, duly executed by a responsible corporate surety admitted to transact surety business in the State of California, as defined in Code of Civil Procedure Section 995.120, and listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to the City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (10%) of the Contract Price. Bonds shall be delivered to the City within ten (10) Days after receipt of the Notice of Award and before execution of the Contract by the City. 2.3 Evidence of Insurance A. Prior to commencing any Work but no later than ten (10) Days after receipt of the Notice of Award, the Contractor shall submit or cause to be submitted any and all Certificates of Insurance and Endorsements, showing that the Contractor has the required insurance, to the attention of the City. Such insurance is to be provided at the sole cost and expense of the Contractor. No Work shall be performed until all of the required insurance has been received and approved. Packet Page. 1713 Makerspace Room Remodel -20- 00 72 00 – GENERAL CONDITIONS 2.4 Execution of the Contract A. Upon receipt of the required Contract Documents, the City will execute the Contract, establishing the Effective Date of the Contract. 2.5 Contractor’s Failure to Perform A. Should Contractor fail to comply with timelines provided above, the City shall retain the right to enforce and collect on the Contractor’s Bid Guarantee, rescind award to the Contractor and award the Contract to the next lowest responsive, responsible bidder as determined by the City. If the City elects to accept bonds and insurance submitted late, the Contract Times will begin to run as of the date stated in the Notice to Proceed. However, the number of days beyond the original ten (10) Days it took to receive the properly executed Contract and related items may be deducted from the Contract Times. 2.6 Commencement of Contract Times; Notice to Proceed A. The City will not issue a Notice to Proceed until after the Effective Date of the Contract. Work shall commence within ten (10) Days of the date stated in the Notice to Proceed. The Contract Times begin to run on the date specified in the Notice to Proceed. No Work shall be done at the Site prior to the issuance of the Notice to Proceed. 2.7 Copies of Documents A. Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction. Contractor shall maintain a clean, undamaged set of Contract Documents, including Submittals, at the Project site. 2.8 Substitution Requests, Schedule of Submittals, and Schedule A. Substitution Requests. Within fifteen (15) Days after Notice of Award (unless otherwise specified in the Contract Documents), Contractor shall provide all substitution requests as further described in Section 00 72 00, Article 6.5. B. Schedule of Submittals. Within five (5) Days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), Contractor shall submit to the City a Schedule of Submittals that conforms with the requirements of Section 00 72 00, Article 5.21. C. Schedule. Within ten (10) days after the issuance of the Notice of Proceed (unless otherwise specified in the Contract Documents), the Contractor shall submit a construction schedule that conforms with the requirements of Section 00 72 00, Article 8.2. 2.9 Preconstruction Conference; Designation of Authorized Representatives. A. Before any Work at the Site is started, a conference attended by the City, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules Packet Page. 1714 Makerspace Room Remodel -21- 00 72 00 – GENERAL CONDITIONS referred to herein, procedures for handling Submittals and Shop Drawings, processing applications for payment, and maintaining required records. B. At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.10 Subcontractor Mobilization Meeting. A. Prior to the start of each major Subcontractor’s Site Work, the Contractor, the involved Subcontractor, and Engineer shall attend a pre-start meeting to discuss the schedule, coordination, procedures, and other administrative issues. 2.11 Authority of Board; Engineer A. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with instructions from the Engineer. B. The decision of the Engineer is final and binding on all questions relating to: 1. quantities; 2. acceptability of material, equipment, or work; 3. execution, progress or sequence of work; 4. interpretation of the Plans, Specifications, or other Contract Documents; and 5. Any other areas specifically identified in the Contract Documents or under the law. C. Compliance with instructions from the Engineer shall be a condition precedent to any payment under the Contract, unless otherwise ordered by the Board. 2.12 Mobilization A. When a Bid item is included in the Bid Schedule for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no bid item is provided for mobilization payment for such costs will be deemed to be included in the other items of the Work. B. Payment for mobilization based on the lump sum provided in the Bid Schedule, shall constitute full compensation for all such Work. No payment for mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under mobilization shall include, but shall not be limited to, the following principal items: 1. Obtaining and paying for all bonds, insurance, and permits. Packet Page. 1715 Makerspace Room Remodel -22- 00 72 00 – GENERAL CONDITIONS 2. Moving on to the Project Site of all Contractor’s plant and equipment required for the first month’s operations. 3. Installing temporary construction power, wiring, and lighting facilities, as applicable. 4. Establishing fire protection system, as applicable. 5. Developing and installing a construction water supply, as applicable. 6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer (if specified), complete, with all specified furnishings and utility services. 7. Providing on-site sanitary facilities and potable water facilities as specified per Cal- OSHA and these Contract Documents. 8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security. 9. Arranging for and erection of Contractor’s work and storage yard. 10. Posting all OSHA required notices and establishment of safety programs per Cal- OSHA. 11. Full-time presence of Contractor’s superintendent at the job Site as required herein. 12. Submittal of construction schedule as required by the Contract Documents. ARTICLE 3 -CONTRACT DOCUMENTS; INTENT 3.1 Examination of Drawings, Specifications, and Site of Work A. Examination of Contract Documents; Site. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project Site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any Subcontractor proceed with Work if uncertain as to the applicable requirements. Packet Page. 1716 Makerspace Room Remodel -23- 00 72 00 – GENERAL CONDITIONS B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work. C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense. 3.2 Intent of Contract Documents A. The Contract Documents are complementary; what is required by any one will be binding as if required by all. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to the City. B. The Contractor shall furnish, unless otherwise provided in the Contract Documents, all materials, implements, machinery, equipment, tools, supplies and labor necessary to the prosecution and completion of the Project. C. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer as provided in these General Conditions. D. If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the Work. The implied Work will conform to the appropriate sections of the Contract Documents. E. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 3.3 Reference Standards. A. Standards, Specifications, Codes, Laws, and Regulations. 1. Reference to federal specifications, federal standards, other standards, specifications, manuals, or codes of any technical society, organization, or association, or to Applicable Laws, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Applicable Laws in effect at the time of opening of Bids (or on the Effective Date of the Packet Page. 1717 Makerspace Room Remodel -24- 00 72 00 – GENERAL CONDITIONS Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of the City, Contractor, or any of their Subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to the City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.4 Reporting and Resolving Discrepancies; Order of Precedence. A. Reporting Discrepancies. 1. The Contract Documents are intended to be fully cooperative and complementary. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to the City any conflict, error, ambiguity, or discrepancy which Contractor discovers, should have discovered, or has actual knowledge of, and shall obtain a written interpretation or clarification from the City before proceeding with any Work affected thereby. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (i) any Applicable Law, (ii) any standard, specification, manual, or code, or (iii) any instruction of any Supplier, then Contractor shall promptly submit a written Request for Information (RFI) to the City. Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in the Contract Documents, and any Work performed by Contractor before receipt of an amendment or supplement shall be at Contractor’s own risk. B. Order of Precedence. 1. In case of conflicts between the Contract Documents, the order of precedence shall be as follows: a. Permits from other agencies as may be required by law b. Change Orders, most recent first c. Contract d. Addenda, most recent first e. Special Conditions f. Specifications Packet Page. 1718 Makerspace Room Remodel -25- 00 72 00 – GENERAL CONDITIONS g. Construction Plans and Drawings(Contract Drawings) h. General Conditions i. Instructions to Bidders j. Notice Inviting Bids k. Contractor’s Bid (Bid Forms) l. Standard Specifications for Public Works Construction “Greenbook” latest edition (Sections 1-9 Excluded) m. Applicable Local Agency Standards and Specifications n. Standard Drawings o. Reference Documents 2. With reference to the Drawings the order of precedence shall be as follows: a. Figures govern over scaled dimensions b. Detail drawings govern over general drawings c. Addenda/Change Order drawings govern over Drawings d. Contract Drawings govern over Standard Drawings e. Contract Drawings govern over Shop Drawings 3. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality and most expensive shall always apply. 3.5 Amending and Supplementing Contract Documents. A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof only by Change Order or written amendment to the Contract duly executed by the parties. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized at no cost to the City, by one or more of the following ways: 1. The City’s review of a Submittal, Shop Drawing, Sample or substitution request without exception (subject to the provisions of the Contract Documents); or 2. The City’s issuance of a response to an RFI. C. However, no review or RFI response will reduce or modify the Contractor’s obligation to fully satisfy and comply with the requirements of the Contract Documents. Packet Page. 1719 Makerspace Room Remodel -26- 00 72 00 – GENERAL CONDITIONS 3.6 Reuse of Documents. A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer of Record or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of the City and Engineer of Record and specific written verification or adaptation by Engineer of Record. B. The prohibitions of this Article will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 -INDEMNIFICATION; INSURANCE 4.1 Indemnification A. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against: 1. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers. 2. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements. 3. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor. Packet Page. 1720 Makerspace Room Remodel -27- 00 72 00 – GENERAL CONDITIONS 4. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, 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, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782. C. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article. 4.2 Insurance The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish the City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences. A. Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against the City, its Packet Page. 1721 Makerspace Room Remodel -28- 00 72 00 – GENERAL CONDITIONS officers, officials, agents, employees or volunteers or shall specifically allow Contractor - or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to the City prior to commencement of work. B. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of Section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents. C. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide the City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City. D. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits. 1. Such policy shall comply with all the requirements of this Article. 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 Contractor from liability in excess Packet Page. 1722 Makerspace Room Remodel -29- 00 72 00 – GENERAL CONDITIONS of such coverage, nor shall it limit Contractor’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 Contract Documents or law. 2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents. 3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. 4. If the coverage contains one or more aggregate limits, a minimum of fifty percent (50%) of any such aggregate limit must remain available at all times; if over fifty percent (50%) of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents. 5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. E. Automobile Liability Insurance. Contractor shall provide Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. F. Privacy/Network Security (Cyber). Contractor shall provide Cyber Liability Insurance, in a form and with insurance companies acceptable to City, in the amount of, at least, one million dollars ($1,000,000) per occurrence and aggregate. Such insurance shall provide coverage for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. G. Aviation and/or Drone Liability. If Contractor shall utilize drones as part of the Work, Contractor shall provide Aviation and/or Drone Liability Insurance, in a form and with insurance companies acceptable to City, in the amount of, at least, one million dollars Packet Page. 1723 Makerspace Room Remodel -30- 00 72 00 – GENERAL CONDITIONS ($1,000,000) per occurrence limit. Such insurance shall provide coverage for bodily injury and property damage. H. Builder’s Risk [“All Risk”] 1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work. 2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and the City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by the City. 3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to the City to ensure adequacy and sublimit. 4. In addition, the policy shall meet the following requirements: a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract. b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage. I. Contractor shall require all tiers of Subcontractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by the City. Contractor shall make certain that any and all Subcontractors hired by Contractor are insured in accordance with this Contract. If any Subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof. Packet Page. 1724 Makerspace Room Remodel -31- 00 72 00 – GENERAL CONDITIONS J. Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, if Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. K. Form and Proof of Carriage of Insurance 1. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VIII. Insurance deductibles or self- insured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self -insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy. 2. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers. 3. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. 4. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. Packet Page. 1725 Makerspace Room Remodel -32- 00 72 00 – GENERAL CONDITIONS 5. The City reserves the right to adjust the monetary limits and types of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate. 6. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract. 7. Products/completed operations coverage shall extend a minimum of three years after the project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officers, officials, agents employees, and volunteers shall be included as insureds under the policy. ARTICLE 5 -CONTRACTOR RESPONSIBILITIES; REGULATORY REQUIREMENTS 5.1 Applicable Laws A. Contractor shall give all notices required by and shall comply with all Applicable Laws applicable to the performance of the Work. Except where otherwise expressly required by Applicable Laws, neither the City nor the City’s Representative shall be responsible for monitoring Contractor’s compliance with any Applicable Laws. If Contractor performs any Work knowing or having reason to know that it is contrary to Applicable Laws, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. 5.2 Permits and Licenses A. Permits and licenses necessary for prosecution of the Work shall be secured and paid for by Contractor, including, but not limited to, excavation permit, for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City, unless otherwise specified in the Contract Documents. B. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City’s responsibility pursuant to the Contract Documents. C. Before acceptance of the Work, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City. Packet Page. 1726 Makerspace Room Remodel -33- 00 72 00 – GENERAL CONDITIONS 5.3 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid in accordance with the Applicable Laws of the place of the Project which are applicable during the performance of the Work. In accordance with Revenue and Taxation Code Section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible. 5.4 Traffic Control A. Traffic control plans, if required, shall be prepared at Contractor’s expense. Traffic control shall be performed at Contractor’s expense in accordance with the requirements of the City and/or the local agency with jurisdiction. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the City shall be included in the Contractor’s Bid. B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the Project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the Project for approval prior to starting Work. C. The Contractor’s representative on the site responsible for traffic control shall produce evidence that he/she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction. Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled right-of-ways after working hours unless otherwise approved by the Engineer. 5.5 Safety A. Contractor shall be solely responsible for all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety laws. Contractor shall comply with all Applicable Laws relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. Packet Page. 1727 Makerspace Room Remodel -34- 00 72 00 – GENERAL CONDITIONS B. The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. The Contractor shall submit an Illness and Injury Prevention Program and a Project Site specific safety program to the City prior to beginning Work. Contractor shall maintain a confined space program that meets or exceeds the City’s standards. Contractor needs to make themselves aware of the City’s safety policies and procedures, and shall meet or exceed all City standards in areas where the City must enter to perform inspections. C. Hazard Communication Programs. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Applicable Laws. 5.6 Hazardous Materials A. The City shall not be responsible for any Hazardous Waste brought to the site by the Contractor. If the Contractor: (i) introduces and/or discharges a Hazardous Waste onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs a Hazardous Material identified in the Contract Documents, the Contractor shall hire a qualified remediation contractor at Contractor’s sole cost to eliminate the condition as soon as possible. Under no circumstance shall the Contractor perform Work for which it is not qualified. The City, in its sole discretion, may require the Contractor to retain at Contractor’s cost an independent testing laboratory. B. If the Contractor encounters a Hazardous Waste which may cause foreseeable injury or damage, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptly thereafter confirm such notice in writing). C. Subject to Contractor’s compliance with this Article 5.6(B), the City shall verify the presence or absence of the Hazardous Waste reported by the Contractor, except as qualified under Article 5.6(A) and Article 5.6(B) in the event such material or substance is found to be present, verify that the levels of the hazardous material are below OSHA Permissible Exposure Levels and below levels which would classify the material as a state of California or federal hazardous waste. When the material falls below such levels, Work in the affected area shall resume upon direction by the City. D. Contractor shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, arising from a Hazardous Waste on the Project Site, if such Hazardous Waste exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste, and was either i) shown on the Contract Documents or information available to bidders; or (ii) brought to the site by Contractor. Nothing in this paragraph shall obligate the Contractor to indemnify the City in the event of the sole or active negligence or willful misconduct of the City, its officers, agents, or employees. Packet Page. 1728 Makerspace Room Remodel -35- 00 72 00 – GENERAL CONDITIONS 5.7 Sanitary Facilities. A. Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with local codes and ordinances. Toilets shall be placed inside sealed secondary containment devices installed on a flat, level surface. Accumulated liquids in the secondary containment devices shall be properly removed and legally disposed without spillage onto the ground. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than one (1) per twenty (20) workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor. 5.8 Dust Control A. Contractor, at its expense, shall maintain all excavations, embankments, haul roads, permanent access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry accepted methods of dust control suitable for the area involved, such as sprinkling, chemical treatment, light bituminous treatment or similar methods, will be permitted. 5.9 Air Pollution Control A. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. B. Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the Air Quality Management District with jurisdiction over the Project and/or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to "portable equipment", which definition includes any item of equipment with a fuel-powered engine. Contractor shall indemnify the City against any fines or penalties imposed by the air quality management district, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in the Contract Documents. 5.10 Water Quality Management and Compliance A. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Work. The Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom. Packet Page. 1729 Makerspace Room Remodel -36- 00 72 00 – GENERAL CONDITIONS B. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 13000 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to California State Water Resources Control Board Order Number 2009-0009-DWQ (NPDES Permit No. CAS000002), as amended by Order Numbers 2010-0014-DWQ, 2012-0006-DWQ, and any subsequent amendment to or renewal thereof, State Water Resources Control Board Order No. 2013-0001-DWQ (NPDES Order No. CAS000004), Santa Ana Regional Water Quality Control Board No. R8-2010-0036 (NPDES No. CAS618036), and any amendment or renewal thereof. C. Contractor shall comply with all conditions of the State Water Resources Control Board (“State Water Board”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Construction General Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale. Contractor shall comply with the lawful requirements of the City, and any other applicable municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. D. Unless otherwise specified in the Special Conditions or other portion of the Contract Documents, the City has not prepared a Storm Water Pollution Prevention Plan (“SWPPP”) or other storm water compliance plan for the Project Site. Contractor shall be responsible for filing the Notice of Intent (“NOI”) and for obtaining coverage under the Construction General Permit. This includes filing all necessary documentation including the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System (“SMARTS”); preparing and implementing a SWPPP for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but not limited to preparation and submittal of all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. All submittals shall be coordinated with the City’s Legally Responsible Person and Authorized Signatory as those terms are defined in the Construction General Permit. Before any NOI, PRD, SWPPP, or other Construction General Permit-related document may be submitted to the State Water Board or implemented on the Project site, it must first be reviewed and approved by the City and/or City’s designee. Contractor shall include all costs of compliance with specified requirements in the Contract Price. E. The City retains the right to develop its own documentation for the Project site, including but not limited to the SWPPP, and in the alternative may require Contractor to adopt and implement portions of the City developed SWPPP. The City expressly Packet Page. 1730 Makerspace Room Remodel -37- 00 72 00 – GENERAL CONDITIONS reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise fails to proceed in a manner that complies with the requirements of the Construction General Permit. The City additionally reserves the right to hire additional contractors to maintain compliance at the Work site. Whether Contractor has adequately maintained compliance with the Construction General Permit shall be the City’s sole determination. Any costs incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or implementing a SWPPP for the Work site shall be paid by Contractor. F. Notwithstanding the above, for those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing an Erosion and Sediment Control Plan in accordance with State Water Resources Control Board Order No. 2013-0001- DWQ (NPDES Order No. CAS000004) and any amendment to or renewal thereof. G. Failure to comply with the Construction General Permit, laws, regulations, and ordinances listed in this Article is a violation of federal and state law. Notwithstanding any other indemnity contained in these Contract Documents, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, fees, costs, expenses, or losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit, laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. H. The City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and any relevant enforcement entity. 5.11 Environmental Quality Protection A. The Contractor shall comply with all requirements of applicable federal, state, and local environmental rules and regulations. Any infractions of said rules and regulations by the Contractor during the term of the Contract, which result in penalties, will be the responsibility of the Contractor. The City operates under a number of environmental permits issued by various agencies. If due to an action, inaction, or negligence by the Contractor, the City becomes subject to non- compliance penalties, the cost of such penalties shall be borne by the Contractor. B. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work. Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original Packet Page. 1731 Makerspace Room Remodel -38- 00 72 00 – GENERAL CONDITIONS contours. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion. C. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within two (2) days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor. D. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor shall notify the construction/archeological monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the construction/archeological monitor and/or City within two (2) days. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the construction/archeological monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents. 5.12 Excessive Noise A. Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that Packet Page. 1732 Makerspace Room Remodel -39- 00 72 00 – GENERAL CONDITIONS equipment as established by Cal/OSHA. Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. B. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor. 5.13 Diversion of Recyclable Waste Material A. In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by the City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor. 5.14 Inspector’s Field Office. A. If required by the City, the Contractor shall be responsible for providing the inspector’s field office. The office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, an ability to connect to the internet, and a fax machine at Contractor’s expense. The field office shall be provided within twenty (20) days of the Notice to Proceed. B. A table satisfactory for the study of plans and two chairs shall be provided by Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal. 5.15 Contractor’s Supervision. A. Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project. Packet Page. 1733 Makerspace Room Remodel -40- 00 72 00 – GENERAL CONDITIONS 5.16 Workers. A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her. B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project. 5.17 Independent Contractors. A. Contractor shall be an independent contractor for the City and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of the City and are not entitled to benefits of any kind normally provided employees of the City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work. 5.18 Verification of Employment Eligibility. A. By executing the Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its Subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. 5.19 Labor. A. Hours of Work 1. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided. Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one- half times the basic rate of pay. Packet Page. 1734 Makerspace Room Remodel -41- 00 72 00 – GENERAL CONDITIONS 2. The Contractor and every Subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California. 3. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code. 4. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City. 5. If Contractor gives notice of an inspection pursuant to the Contract Documents, the City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Requested inspections before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two (2) Days’ notice for review and approval. Upon written request and approval the eight and a half (8.5) hour working day may be changed to other limits subject to city/county ordinance. 6. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project Site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed Holidays, unless otherwise approved by the City: a. Powered Vehicles b. Construction Equipment c. Loading and Unloading Vehicles d. Domestic Power Tools B. Payroll Records; Labor Compliance 1. Pursuant to Labor Code Section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require Subcontractor(s) to certify weekly payroll records under penalty of perjury. Packet Page. 1735 Makerspace Room Remodel -42- 00 72 00 – GENERAL CONDITIONS 2. In accordance with Labor Code Section 1771.4, the Contractor and each Subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3. Any stop orders issued by the DIR against Contractor or any Subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any Subcontractor. 4. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following: a. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request. b. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR. 5. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE. 6. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated. 7. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such ten (10) day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due. Packet Page. 1736 Makerspace Room Remodel -43- 00 72 00 – GENERAL CONDITIONS 8. The responsibility for compliance with this Article shall rest upon the Contractor. C. Prevailing Rates of Wages 1. The Contractor is aware of the requirements of 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. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. 2. The Contractor shall forfeit as a penalty to the City not more than two hundred dollars ($200.00), pursuant to Labor Code Section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under the Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. 3. Contractor shall post, at appropriate conspicuous points on the Project Site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned. D. Public Works Contractor Registration 1. Pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration 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 Packet Page. 1737 Makerspace Room Remodel -44- 00 72 00 – GENERAL CONDITIONS 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. E. Employment of Apprentices 1. Contractor and all Subcontractors shall comply with the requirements of Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices. 2. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 3. Knowing violations of Labor Code Section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code Section 1777.7. F. Nondiscrimination/Equal Employment Opportunity 1. Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and its Subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law. G. Debarment of Contractors and Subcontractors 1. Contractors or Subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. 5.20 Subcontracts. A. Contractor agrees to bind every Subcontractor to the terms of the Contract Documents as far as such terms are applicable to Subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed Packet Page. 1738 Makerspace Room Remodel -45- 00 72 00 – GENERAL CONDITIONS by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City. B. The City reserves the right to accept all subcontractors. The City’s acceptance of any Subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents. C. Prior to substituting any Subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code Section 4100 et seq. 5.21 Progress Meetings A. The Contractor shall schedule and hold regular progress meetings at least weekly and at other times as requested by Engineer or as required by progress of the Work. The Contractor, City, and all Subcontractors active on the Site shall attend each meeting. Contractor may at its discretion request attendance by representatives of its Suppliers, manufacturers, and other Subcontractors. The City will preside at the progress meetings and will arrange for keeping and distributing the minutes. The purpose of the meetings is to review the progress of the Work, maintain coordination of efforts, discuss changes in scheduling, and resolve other problems which may develop. During each meeting, the Contractor shall present any issues which may impact its progress with a view to resolve these issues expeditiously. 5.22 Submittals A. Schedule of Submittals. Within five (5) days after the Notice to Proceed (unless otherwise specified in the Contract Documents), Contractor will prepare and deliver a Schedule of Submittals to the City that has been fully integrated with the progress schedule and identifies each Submittal required by the Contract Documents as well as the date on which Contractor will deliver each Submittal to the City. Each Submittal must be delivered to the City at least thirty (30) days prior to the date the material or equipment is scheduled to be incorporated into the Work. The Contractor is responsible for any schedule delays resulting from the Submittal process. B. Submittal Procedures. 1. Contractor will follow the following procedures for each Submittal, Shop Drawing and Sample required by the Contract Documents: a. Submittals must be transmitted electronically. b. Transmittals will be sequentially numbered. Contractor to mark revised Submittals with original number and sequential alphabetic suffix. c. Each Submittal will identify the Project, Contractor, Subcontractor and Supplier, pertinent Drawing and detail number, and Specification Section number appropriate to Submittal. d. By transmitting a Submittal, Contractor certifies it has reviewed and approved each Submittal, verified products required, field dimensions, adjacent Packet Page. 1739 Makerspace Room Remodel -46- 00 72 00 – GENERAL CONDITIONS construction Work, and that coordination of information is according to requirements of the Work and Contract Documents. e. Identify variations in Contract Documents and product or system limitations that may differ and/or be detrimental to successful performance of completed Work. f. When Submittal is revised for resubmission, Contractor shall promptly address the City’s comments and resubmit. Contractor shall identify changes made since previous submission. g. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called the City’s attention to such deviations at time of submission and the City has taken no exception to the deviation. The City’s review of Shop Drawings shall not relieve Contractor from responsibility for errors in Shop Drawings. h. Submittals not required by the Contract Documents or requested by the City will not be acknowledged or processed. i. Incomplete Submittals will not be reviewed by the City. Delays resulting from incomplete Submittals are not the responsibility of the City. j. Contractor shall not be entitled to any extension of the Contract Times as a result of the Submittal process. k. Contractor shall allow a minimum of twenty (20) working days for review of Submittals unless otherwise specified in the Contract Documents. 2. Where a Submittal, Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to the City review and approval of the pertinent submittal will be performed at the sole risk and expense and responsibility of Contractor. C. Schedule Milestone for Submittals. Contractor must submit all Submittals required by the Contract Documents in accordance with the Schedule of Submittals. If Contractor fails to submit the Submittals in accordance with the Schedule of Submittals, Contractor will be solely liable for any delays or impacts caused by the delayed Submittal, whether direct or indirect. Contractor will be liable for the time calculated from the date the Submittal is due until the date a compliant Submittal is made. A compliant Submittal will be one that is complete and satisfies the requirements of the Contract Documents. 5.23 Shop Drawings and Sample Submittal Procedures. A. Before submitting each Shop Drawing or Sample, Contractor shall have: 1. Reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; Packet Page. 1740 Makerspace Room Remodel -47- 00 72 00 – GENERAL CONDITIONS 2. Determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; 3. Determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. B. With each Submittal, Contractor shall give the City specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample Submittal and, in addition, a specific notation made on each Shop Drawing or Sample submitted to the City for review and approval of each such variation. C. Shop Drawings. 1. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the City the services, materials, and equipment Contractor proposes to provide and to enable the City to review the information for assessing conformance with information given and design concept expressed in Contract Documents. 2. When required by individual Specification sections, provide Shop Drawings signed and sealed by a professional engineer responsible for designing components shown on Shop Drawings. Shop Drawings must include signed and sealed calculations to support design in a form suitable for submission to and approval by authorities having jurisdiction. 3. Shop Drawings for steel structures shall consist of shop details, erection and other working Drawings showing details, dimensions, sizes of members and other information necessary for the complete fabrication and erection of the metal work. 4. Shop Drawings of concrete structures shall consist of such detailed drawings as may reasonably be required for the successful prosecution of the Work and which are not included in the Drawings furnished by the Engineer. These may include drawings for false work, bracing, centering and form work, masonry layout diagrams, and diagrams for bent reinforcement. 5. Contractor shall make revisions and provide additional information when required by authorities having jurisdiction. D. Samples. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as required to enable the City to review the submittal for assessing conformance with information given and design concept expressed in Contract Documents. Samples should be of appropriate size and detail to assess functional, aesthetic, color, texture, patterns and finish selection. Packet Page. 1741 Makerspace Room Remodel -48- 00 72 00 – GENERAL CONDITIONS E. City’s Review. 1. The City will review Shop Drawings and Samples in accordance with the Schedule of Submittals. The City’s review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. The City review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. The City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless the City has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. F. Resubmittal Procedures. Contractor shall make corrections required by the City and shall return corrected Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by the City on previous Submittals. 5.24 Record (“As-Built”) Drawings. A. The Contractor shall maintain one record set of Contract Documents at the Site or digitally in an acceptable format. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Drawings. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every one hundred (100) linear feet, and at each bend, recording both the horizontal and vertical locations. Said Drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. Any required as-built drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer. B. These master Record Drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders, shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date. Record Drawings shall be accessible to the Engineer at all times during the construction period. Failure on the Contractor’s part to keep Record Drawings current could result in withholding partial payment. Packet Page. 1742 Makerspace Room Remodel -49- 00 72 00 – GENERAL CONDITIONS C. Upon completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to the Engineers. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to the City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings. D. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Record Drawings shall be included in Contractor’s bid and distributed in the Bid Schedule. No additional compensation shall be made to the Contractor for this Work. 5.25 Layout and Field Engineering. A. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed. 5.26 Separate Contracts and Cooperation. A. Separate Contracts. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents. B. Cooperation. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project Site. 5.27 Work Site. A. Limitation of Use of Site and Other Areas. Rights-of-way, easements, or rights-of- entry for the Work will be provided by the City. Unless otherwise specified in the Special Provisions, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the City harmless from all claims for damages caused by such actions. Contractor shall Packet Page. 1743 Makerspace Room Remodel -50- 00 72 00 – GENERAL CONDITIONS confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Applicable Laws, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to City or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. B. Site Maintenance. During the progress of the Work, Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to Applicable Laws. The Contractor shall furnish trash bins for all debris from construction. All debris shall be placed in trash bins daily. Forms and false-work that are to be re-used shall be stacked neatly concurrently with their removal. Forms and false-work that are not to be re-used shall be disposed of concurrently with their removal. C. Cleaning. Prior to Completion of the Work, Contractor shall clean the Site and make it ready for utilization by the City. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. 5.28 Utility Usage. A. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor. Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on the Work where the utility is needed. Upon completion of the Work, Contractor shall remove all temporary distribution systems. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Work, including but not limited to startup and testing required in the Contract Documents. All permanent meters installed shall be listed in the Contractor’s name until the Work is accepted. For Work to be performed in existing City facilities, Contractor may use the City’s existing utilities, provided such use is reasonable under the circumstances. If Contractor uses the City utilities, it will not need to compensate the City for reasonably consumption of utilities, but Contractor will be responsible for any excessive, unreasonable or wasteful utility usage. Amounts due the City under this section may be deducted from progress payments. 5.29 Protection of Work and Property. A. The Contractor shall digitally record video and take photographs of the Project site and adjacent improvements in a manner and quality that clearly depicts the existing condition of the Project Site and adjacent improvements immediately prior to the start of Work (minimum 1080p video and 4MP photo). All videos and photographs shall be date and time stamped. The Contractor shall submit the video and photos in digital format on a memory stick before the commencement of Work, along with a map outlining the route and locations of the videos and/or photographs. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Work. Contractor shall be responsible for the proper care and Packet Page. 1744 Makerspace Room Remodel -51- 00 72 00 – GENERAL CONDITIONS protection of all materials delivered and Work performed until completion and final acceptance by the City. All Work shall be solely at the Contractor’s risk. B. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction. C. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions. D. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall: 1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2. Provide substantial barricades around any shrubs or trees indicated to be preserved. 3. Deliver materials to the Site over a route designated by the City. 4. Provide any and all dust control required and follow the applicable air quality regulations as appropriate. If the Contractor does not comply immediately with a notice from the City or a public agency responsible for air quality, the City shall have the authority to provide dust control and deduct the cost from payments to the Contractor. 5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the City. Contractor shall not unreasonably encumber the Site with its materials. 6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City. 7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8. Preserve and protect from injury all buildings, pole lines and all directional, warning and mileage signs that have been placed within the right-of-way. Packet Page. 1745 Makerspace Room Remodel -52- 00 72 00 – GENERAL CONDITIONS 9. At the completion of work each day, leave the Work and the Site in a clean, safe condition. 10. Comply with any stage construction and/or traffic handling plans. Access to residences and businesses shall be maintained at all times, except with the City’s written approval. Any request for approval to reduce or restrict access to residences and business must be submitted to the City at least seven (7) days in advance, and the City may issue or withhold approval in its sole discretion. E. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the work involved in the protection and preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor. F. Should damage to persons or property occur as a result of the Work, Contractor shall promptly notify the City, in writing. Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs. G. Contractor shall maintain all investigation documentation including video and/or photographs for a minimum of four (4) years following completion of the Project. 5.30 Emergencies. A. In emergencies affecting the safety or protection of persons or the Work or Property at the Site or adjacent thereto, the Contractor, without special instruction or authorization from the City or the Engineer, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. ARTICLE 6 -MATERIALS; INSPECTION 6.1 Access to Work. A. The City, Engineer, their consultants and other representatives and personnel, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs. 6.2 Materials. A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities whatsoever necessary to execute and complete this Contract within the Contract Time. Unless otherwise specified, all materials, parts, Packet Page. 1746 Makerspace Room Remodel -53- 00 72 00 – GENERAL CONDITIONS and equipment furnished by the Contractor in the Work shall be new, the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality. B. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges. C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. Materials shall be stored on the Project Site in such manner so as not to interfere with any operations of the City or any independent contractor. D. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. Except for an adjustment to Unit Price Work for item overruns and underruns in accordance with the Contract Documents, no additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Schedule, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work. 6.3 Test and Inspections. A. Inspection and Testing of Work and Materials 1. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing and inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor. 2. The Contractor shall pay for the cost of any minimum “show up” costs of a materials testing technician that was called for by the Contractor but ultimately the Contractor work was not ready for the inspection. Any such costs shall be deducted from any amounts due to the Contractor. 3. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents. Packet Page. 1747 Makerspace Room Remodel -54- 00 72 00 – GENERAL CONDITIONS 4. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. Unless otherwise stated and as provided by the Contract Documents, the City shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations. 5. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs. B. Testing of Materials 1. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work. 2. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging. 3. Unless otherwise specified in the Special Provisions, all initial testing and a reasonable amount of retesting will be performed under the direction of the Engineer, and at no expense to the Contractor. The Contractor shall notify the Engineer in writing, at least fifteen (15) days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to re-notify the Engineer when samples which are representative may be obtained. 4. A Certificate of Compliance shall be furnished to the Engineer prior to the use of any material or assembled material for which these Specifications so require or if so required by the Engineer. The Engineer may waive the materials testing requirements and accept a Certificate of Compliance. Material test data may be required by the Engineer to be included with the submittal. Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The submission of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material into the Work which conforms to the requirements of the Contract Documents, and any material not conforming to the requirements will be subject to rejection by the Engineer whether in place or not. Packet Page. 1748 Makerspace Room Remodel -55- 00 72 00 – GENERAL CONDITIONS 5. Copies of mill certificates of composition and quality of all component materials (reinforcing steel, structural steel, lumber, etc.) incorporated in the construction of the Work shall be provided to the City at the time of delivery. City shall retain the right to reject any raw material not provided with a mill certificate at the time of delivery. 6. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the Work, and shall be removed from the Project Site all at the Contractor’s expense. 6.4 Requests for Substitutions. A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein. B. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name. C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles. D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests. E. Substantiating data as described above shall include, at a minimum, the following information: Packet Page. 1749 Makerspace Room Remodel -56- 00 72 00 – GENERAL CONDITIONS 1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit. 2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified. 3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract. 4. Information detailing the durability and lifecycle costs of the proposed substitution. F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package. G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein. H. The Contractor shall bear the costs of all the City work associated with the review of substitution requests. I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor. ARTICLE 7 -SUBSURFACE AND PHYSICAL CONDITIONS; UTILITIES 7.1 Soils Investigations. A. When a soils investigation report for the Site is available, such report is provided for informational purposes only. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the Site before submitting its Bid and must make whatever tests it deems appropriate to determine the condition of the soil. 7.2 Ownership of Site Materials Found. A. The title to water, soil, rock, gravel, sand, minerals, timber and any other materials developed or obtained in the excavation or other operations of Contractor or any of its Subcontractors in the performance of the Contract, and the right to use said items in carrying out the Contract, or to dispose of same, is hereby expressly reserved by Packet Page. 1750 Makerspace Room Remodel -57- 00 72 00 – GENERAL CONDITIONS the City. Neither Contractor nor any of its Subcontractors nor any of their representatives or employees shall have any right, title, or interest in said materials, nor shall they assert or make any claim thereto. Contractor will, as determined by the City’s Representative, be permitted to use in the Work without charge, any such materials which meet the requirements of the Contract Documents, provided the City shall have the right to use or consume these materials without payment to a third party. 7.3 Existence of Utilities at the Work Site. A. Existing Utilities 1. The location of known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the Site of the Project. 2. The City will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the City in the Contract Documents or which cannot reasonably be inferred from the presence of other visible facilities. B. Utility Location 1. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by the Contractor’s operations. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this Article. 2. The locating of utilities shall be in conformance with Government Code Section 4216 et seq. except for the City’s utilities located on the City’s property and not on public right-of-way. 3. A “High Priority Subsurface Installation” is defined in Government Code Section 4216 (j) as “high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.” 4. A “Subsurface Installation” is defined in Government Code Section 4216 (s) as “any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewer lines, nonpressurized storm drains, or other nonpressurized drain lines.” Packet Page. 1751 Makerspace Room Remodel -58- 00 72 00 – GENERAL CONDITIONS 5. Pursuant to Government Code Section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than fourteen (14) Days before performing any excavation. The date of the notification shall not count as part of the two-working-day notice. Before notifying the appropriate regional notification center, the Contractor shall delineate the area to be excavated. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the Engineer written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations. 6. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit and in accordance with Government Code Section 4216.4 if the excavation within the “tolerance zone” of a subsurface installation. The Engineer shall be given notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved. 7. The Contractor's attention is directed to the requirements of Government Code Section 4216.2 (c) which provides: “When the excavation is proposed within ten (10) feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” The Contractor shall notify the Engineer in advance of this meeting. C. Utility Relocation and Repair 1. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Engineer in writing. The Engineer will supply a method for correcting said interferences in accordance with the responsibilities of this section and Government Code Section 4215. To the extent any delay is caused thereby, Contractor shall submit a notice of delay within five (5) Days of discovery of the circumstances giving rise to the delay in accordance with Article 9.1 Change Orders and Time Extensions. 2. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, the Contractor shall call 911 emergency services. Packet Page. 1752 Makerspace Room Remodel -59- 00 72 00 – GENERAL CONDITIONS 3. The City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in Article 9.1 Change Orders and Time Extensions. The Contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay is caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with Article 9.1 Change Orders and Time Extensions and Article 9.3 Time for Completion and Liquidated Damages. 4. The public utility, where it is the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility. 5. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Contract Documents. 6. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work. D. Construction at Existing Utilities 1. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities. 2. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to Packet Page. 1753 Makerspace Room Remodel -60- 00 72 00 – GENERAL CONDITIONS property resulting from the negligent, accidental, or intentional breaching of utilities. 3. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this work, shall be included in Contractor’s bid and distributed in the schedule of pay Items. No additional compensation shall be made to the Contractor for this work. 7.4 Trenches A. Trenches Five Feet or More in Depth. 1. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer. Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit. B. Excavations Deeper than Four Feet. 1. If the Work involves excavating trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly within three (3) Days, and before the excavation is further disturbed, notify the City in writing of any of the following conditions: a. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. b. Subsurface or latent physical conditions at the site differing from those indicated. c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. 2. The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part Packet Page. 1754 Makerspace Room Remodel -61- 00 72 00 – GENERAL CONDITIONS of the Work, shall issue a Change Order under the procedures described in Article 9.1 Change Orders and Time Extensions. 3. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties. ARTICLE 8 -PROSECUTION OF THE WORK 8.1 Contractor’s Means and Methods. A. Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards. 8.2 Construction Schedule. A. General Requirements. The schedule shall be prepared in a Critical Path Method (“CPM”) format and in an electronic scheduling program acceptable to the City and as specified in the Contract Documents. Contractor shall deliver the schedule and all updates to the City in both paper and electronic form. The electronic versions shall be in the format and include all data used to prepare the schedule. Copies are not acceptable. B. Schedule. The receipt or approval of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract Time. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the City. C. Schedule Contents. The schedule shall allow enough time for inclement weather. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for submittals, items of interface with Work performed by others, and specified construction, start-up and performance tests. All float shall be owned by the Project. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City. For purposes of determining Liquidated Damages, the Contract Time shall control and may only be altered by a duly authorized Change Order. Packet Page. 1755 Makerspace Room Remodel -62- 00 72 00 – GENERAL CONDITIONS D. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the City: (1) prior to the start of construction, if there are any changes to the initial schedule; (2) with each progress payment request; and (3) whenever requested to do so by the City. The City may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. Upon the City’s request, Contractor shall submit any schedules or updates to the City in the native electronic format of the software used to create the schedule. Contractor shall also submit schedules showing a two (2)- week detailed look-ahead at weekly meetings conducted with the City. The two (2)- week look-ahead schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time, and it shall clearly state the number of staff to be used on each daily segment of the Work. E. Acceptance. Acceptance of the schedules by the City will not impose on responsibility for accuracy, for sequencing, scheduling, or progress of the Work, or compliance with the Contract Documents. Acceptance will not interfere with or relieve Contractor from Contractor’s full responsibility therefor. F. Recovery Schedule. 1. Should any of the following conditions exist, City may require Contractor to prepare, at no extra cost to City, a plan of action and a recovery schedule for completing the Work and achieving all contractual milestones within the allotted Contract Time: a. The Contractor's monthly progress report indicates delays that are, in the opinion of City, of sufficient magnitude that City questions the Contractor's ability to complete the Work; b. The schedule shows the Contractor to be thirty (30) or more days behind the critical path at any time during construction; c. The Contractor desires to make changes in the logic or the planned duration of future activities of the schedule which, in the opinion of City, are major in nature. 2. The recovery schedule shall include proposed revisions to the Construction Schedule, demonstrating how Contractor intends to achieve all contractual milestones including Contract completion within the allotted Contract Time. The submittal shall include a narrative describing the actions planned by the Contractor to recover the schedule. 3. Contractor shall submit the Recovery Schedule within seven (7) Days of City’s request. If Contractor asserts that City is responsible for the delay, failure to submit the recovery schedule within seven (7) Days of City’s request, will be considered a concurrent delay event attributable to Contractor, and Contractor shall only be entitled to non-compensable adjustments to Contract Times. If Contractor is responsible for the delay, this provision will not limit or affect Contractor's liability and failure to submit the recovery schedule with seven (7) Days of City’s request Packet Page. 1756 Makerspace Room Remodel -63- 00 72 00 – GENERAL CONDITIONS may result in City withholding progress payments or other amounts due under the Contract Documents. 4. Contractor is responsible for all costs associated with the preparation and execution of the recovery schedule, including any necessary recovery actions, which may include, but are not limited to, assignment of additional labor, and/or equipment, shift or overtime work, expediting of submittals or deliveries, overlapping of activities or sequencing changes to increase activity concurrence. Regardless of whether City directs Contractor to prepare a recovery schedule pursuant to this Section, Contractor shall promptly undertake appropriate action at no additional cost to City to recover the schedule whenever the current construction schedule shows that the Contractor will not achieve a milestone and/or complete the Work within the allotted Contract Time. 8.3 Time for Completion and Liquidated Damages A. Time for Completion. The time for completion set forth in Article 2 of the Contract for Construction shall commence: (1) on the date stated in the Notice to Proceed, or (2) if the Notice to Proceed does not specify a commencement date, then on the date of the Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and the City will not compensate Contractor, for delays which impact early completion. Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. B. Liquidated Damages. If the Work is not completed within the Contract Time(s), it is understood that the City will suffer damage. In accordance with Government Code Section 53069.85 and Public Contract Code Section 7102, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages. C. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. Contractor shall not be entitled to reverse liquidated damages for time extensions resulting from inclement weather. D. Extension of Time. Contractor’s entitlement to an extension of the Contract Time is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. Contractor Packet Page. 1757 Makerspace Room Remodel -64- 00 72 00 – GENERAL CONDITIONS shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its Subcontractors or Suppliers). The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Contractor shall not be entitled to an adjustment in the Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. E. Force Majeure. In accordance with subparagraphs “D” and “E” above, the Contractor shall not be charged liquidated damages, and the City shall not be responsible, for any delays resulting from a Force Majeure Event. If a delay to the critical path results from a Force Majeure Event, the Contractor will be entitled to a time extension but will not receive an adjustment to the Contract Price or any other compensation. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays. F. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages. G. Procedure for Time Extensions and Delay Damages. Contractor shall not be entitled to any extension of time or any reverse liquidated damages unless Contractor properly notices the delay and adjustment to compensation and requests a Change Order in accordance with Article 9.1 Change Orders and Time Extensions. Contractor’s failure to timely and fully comply with the Change Order procedures in the Contract Documents shall constitute a waiver of Contractor’s right to a time extension or reverse liquidated damages. 8.4 Contractor’s Responsibility for Work. A. Until the acceptance of the Work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any cause whether arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portion of the Work before its completion and acceptance. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City will pay for repair or restoration to damaged Work in excess of 5% of the total Bid. 8.5 Occupancy. A. The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract. Packet Page. 1758 Makerspace Room Remodel -65- 00 72 00 – GENERAL CONDITIONS 8.6 Securities for Money Withheld A. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in Section 22300 of the Public Contract Code. 8.7 The City’s Right to Suspend/Terminate the Contract A. Suspension of Work by the City 1. The City may, at its sole option, decide to suspend at any time the performance of all or any portion of the Work by notice in writing to Contractor. Such notice of suspension of Work will designate the amount and type of plant, labor, and equipment to be committed to the Project during the period of suspension. Contractor shall use its best efforts to utilize its plant, labor, and equipment in such a manner as to minimize costs associated with suspension. 2. Upon receipt of any such notice, Contractor shall, unless the notice requires otherwise: a. Immediately discontinue Work on the date and to the extent specified in the notice; b. Place no further orders or subcontracts for material, services, or facilities with respect to suspended Work other than to the extent required in the notice; c. Promptly make every reasonable effort to obtain suspension upon terms satisfactory to the City’s Representative of all orders, subcontracts, and rental agreements to the extent they relate to performance of Work suspended; and d. Continue to protect and maintain the Work including those portions on which Work has been suspended. 3. Except as provided by this Article, as full and complete compensation for such suspension, Contractor shall be granted an adjustment in the Contract Price based on a negotiated daily rate that reflects the Contractor’s actual costs associated with the demobilized condition of the Site and an extension of the Contract Times equal to the number of days performance of Work is suspended; provided, however, that no adjustment of Contract Price or extension of Contract Times shall be granted if the suspension results from Contractor's non-compliance with the requirements of the Contract. B. Termination for Cause by the City: Packet Page. 1759 Makerspace Room Remodel -66- 00 72 00 – GENERAL CONDITIONS 1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations. 2. After expiration of the ten (10) day period, the City may terminate the Contract by providing a Notice of Termination to the Contractor. The City may take over and complete the Work by any method it may deem appropriate, including enforcement of the Project performance bond. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Work. If the City takes over the Work, the City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Site. 3. Upon termination, Contractor shall not be entitled to receive any further payment from the City, except for Work which was duly performed prior to the effective date of the Notice of Termination. Contractor shall submit an invoice for final payment within thirty (30) days of the effective date of the Notice of Termination. The City may withhold from final payment up to one hundred fifty percent (150%) of any disputed amounts, including any amounts which may be necessary to repair defective Work, complete unfinished Work, or are otherwise occasioned by Contractor’s failure to perform its duties under the Contract. C. Termination for Convenience by the City: 1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, upon ten (10) days written notice if the City determines that a termination is in the City's interest. 2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination. 3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations: a. Stop Work as specified in the Notice. Packet Page. 1760 Makerspace Room Remodel -67- 00 72 00 – GENERAL CONDITIONS b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents. c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated. e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract. f. Submit to the City's Representative, within ten (10) days from the effective date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs t he contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 days after the effective date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” If the City rejects any costs, Contractor shall be deemed to waive the rejected costs unless Contractor files a Claim within thirty (30) days of the rejection pursuant to Article 9.2. g. Contractor shall be entitled to receive only the amounts payable under this Article, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this Article are in addition to and not in limitation of any other rights or remedies available to the City. 4. Termination of the Contract shall not relieve surety of its obligation for any just claims arising out of or relating to the Work performed. 5. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated. 6. If the City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, Packet Page. 1761 Makerspace Room Remodel -68- 00 72 00 – GENERAL CONDITIONS and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. 8.8 Completion and Acceptance of Work A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection with the City and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. Final Acceptance. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, Record Documents, and other documents required by the Contract Documents, the City shall execute a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted. 8.9 Warranty and Guaranty of Work. A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year (or as otherwise indicated in the Contract Documents or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work Packet Page. 1762 Makerspace Room Remodel -69- 00 72 00 – GENERAL CONDITIONS damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand. C. In addition to the warranty set forth in this Article, Contractor shall obtain for the City all warranties that would be given in normal commercial practice and assign to the City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final acceptance of the Project by the City as required. D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify the City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor. E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property. F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect or damage, the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense. G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition. H. Acceptance of Defective Work. 1. If, instead of requiring correction or removal and replacement of defective Work, the City prefers to accept it, the City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to the City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work. If any acceptance of Defective Work occurs prior to release of the Project retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by the City. If the acceptance of defective occurs after release of the Project retention, an appropriate amount will be paid by Contractor to the City. Packet Page. 1763 Makerspace Room Remodel -70- 00 72 00 – GENERAL CONDITIONS I. The City May Correct Defective Work 1. If Contractor fails within a reasonable time after written notice from the City to correct Defective Work, or to remove and replace rejected Work as required by the City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. 2. In connection with such corrective or remedial action, the City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which the City has paid Contractor but which are stored elsewhere. Contractor shall allow the City, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable the City to exercise the rights and remedies to correct the Defective Work. 3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by the City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of defective Work. 4. If the Change Order is executed after all payments under the Contract have been paid by the City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to the City. If the Change Order is executed after release of the Project retention, an appropriate amount will be paid by Contractor to the City. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the City correcting Defective Work. J. Nothing in the warranty or in the Contract Documents shall be construed to limit the rights and remedies available to the City at law or in equity, including, but not limited to, Code of Civil Procedure Section 337.15. ARTICLE 9 -CHANGE ORDERS; DISPUTE RESOLUTION 9.1 Change Orders and Time Extensions All changes to the Contract, including compensation increases and time extensions, shall be through a written Change Order in accordance with this Article. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and Contractor’s compensation and the time for completion shall be adjusted accordingly. Whenever Packet Page. 1764 Makerspace Room Remodel -71- 00 72 00 – GENERAL CONDITIONS any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the Work, including Additional Work, promptly and expeditiously. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties. A. Change in Contract Procedures 1. City Directive. The City may direct changes in the Work by delivering a written directive. To the extent the work directive results in a change to compensation or time, Contractor must timely request a Change Order and comply with all Change Order procedures in accordance with this Article. Notwithstanding issuance of a work directive, Contractor’s failure to timely request a Change Order shall constitute a waiver by Contractor of any adjustment to compensation or time extension for Work performed under the directive. The City shall not be liable to Contractor for Work performed or omitted by Contractor in reliance on verbal orders. 2. Contractor’s Notice of Change/Delay. If Contractor intends to initiate a Change Order Request, then Contractor shall provide the City with written notice of the underlying facts and circumstances that gave rise to the proposed change within the following times: a. If due to unknown subsurface or latent physical conditions, within three (3) days from the discovery date or prior to the alterations of the conditions, whichever is earlier. b. If due to a Force Majeure Event, as soon as reasonably practicable under the conditions, which shall be no longer than three (3) days from the date the Contractor discovers that the Force Majeure Event gives rise to a change, unless that the conditions are such that notice within three (3) days is not possible or practicable. c. If due to any other matter that may involve an adjustment to the Contract Time or the Contract Price, within seven (7) days from the discovery date. To be considered valid and complete, the notice of change/delay shall include a general statement of the circumstances giving rise to the notice of change/delay and a reasonable order of magnitude estimate of the additional costs and/or time. If the circumstances give rise to both a cost adjustment and time extension, Contractor shall submit the notice of change and notice of delay concurrently. 3. Request for Change in Compensation and/or Extension of Time. Contractor shall submit a Change Order Request for any adjustment to Contractor’s compensation and/or any extension of time. The Change Order Request shall be made prior to incurring any expense and within fourteen (14) days from either Contractor’s notice Packet Page. 1765 Makerspace Room Remodel -72- 00 72 00 – GENERAL CONDITIONS of change/delay or the City’s directive ordering the change. The Change Order Request shall include all of the following information (unless inapplicable to the change): a. A detailed description of the circumstances giving rise to the request; b. A complete itemized cost proposal, including itemized pricing for first tier Subcontractors; c. Supporting documentation for all costs; d. A time impact analysis showing the impact of the delay to the critical path to completion; e. If any added costs or information cannot be determined at the time of the Change Order Request, the reason the costs or information cannot be determined at the time; and f. Certification to the accuracy of the Change Order Request under penalty of perjury. The time impact analysis shall be in the critical path method format and shall show the sequencing of all critical and non-critical new activities and/or activity revisions affected by the delay, with logic ties to all affected existing activities noted on the schedule. The City may demand, and Contractor shall provide, any additional information supporting the Change Order Request, including but not limited to native electronic format version of schedules and time impact analyses. Contractor shall provide the requested additional information within five (5) days of the request. For any costs or information that cannot be determined at the time Contractor submits the Change Order Request, Contractor shall submit to the City notice of the costs or information and all supporting documentation within five (5) days of when the costs or other information become subject to determination. 4. City’s Final Decision on Change Order; Ordered Changes. If the City denies the Change Order Request or disagrees with the proposal submitted by Contractor, it will notify the Contractor, and the City will provide its opinion of the appropriate price and/or time extension. If no agreement can be reached, the City shall have the right to order the Work performed on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City shall also have the right to order changes in the Work to be performed promptly by the Contractor on a time and materials basis or to issue a unilateral Change Order setting forth the City’s determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. The City’s determination shall become final and binding if the Contractor fails to submit a Packet Page. 1766 Makerspace Room Remodel -73- 00 72 00 – GENERAL CONDITIONS Claim in writing to the City within fourteen (14) days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order and providing such supporting documentation for its position as the City may reasonably require. 5. Contractor’s Waiver of Further Relief. CONTRACTOR’S FAILURE TO PROVIDE A COMPLETE AND TIMELY NOTICE OF CHANGE/DELAY AND/OR CHANGE ORDER REQUEST, OR TO COMPLY WITH ANY OTHER REQUIREMENT OF THIS ARTICLE, SHALL CONSTITUTE A WAIVER BY CONTRACTOR OF THE RIGHT TO A CONTRACT ADJUSTMENT ON ACCOUNT OF SUCH CIRCUMSTANCES AND A WAIVER OF ANY RIGHT TO FURTHER RECOURSE OR RECOVERY BY REASON OF OR RELATED TO SUCH CHANGE BY MEANS OF THE CLAIMS DISPUTE RESOLUTION PROCESS OR BY ANY OTHER LEGAL PROCESS OTHERWISE PROVIDED FOR UNDER APPLICABLE LAWS. Contractor recognizes and acknowledges that timely submission of a formal written notice of change/delay and Change Order Request, whether or not the circumstances of the change may be known to the City or available to the City through other means, is not a mere formality but is of crucial importance to the ability of the City to promptly identify, prioritize, evaluate and mitigate the potential effects of changes. Any form of informal notice, whether verbal or written (including, without limitation, statements in requests for information, statements in Submittals, statements at any job meeting or entries on monthly reports, daily logs or job meeting minutes), that does not strictly comply with the formal requirements of this Article, shall accordingly be insufficient. 6. Change Order Format a. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in compensation or extension of time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. b. The City may designate the forms to be used for notices, requests, and Change Orders. If so designated, Contractor may only use such forms. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order. No Claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s Change Order form in an attempt to reserve additional rights. B. Determining Adjustments to Compensation. 1. Limitation on Costs. Contractor shall not be entitled to any compensation for Work subject to a Change Order except as expressly set forth in this Article. The mark- up added in instances of Additional Work shall constitute the entire amount of profit, any mark-ups, any field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such Work. Packet Page. 1767 Makerspace Room Remodel -74- 00 72 00 – GENERAL CONDITIONS 2. Unit Price Change Orders. When the actual quantity of a Unit Price Work item varies from the Bid Schedule, compensation for the change in quantity will be calculated by multiplying the actual quantity by the unit price. This calculation may result in either an additive or deductive Change Order. Bid items included on the Bid Schedule may be deducted from the Work in their entirety without any negotiated extra costs. Because Unit Price Work includes overhead and profit as determined by Contractor at the time of its Bid submission, no mark up or deduction for overhead and profit will be allowed. 3. Lump Sum Change Orders. Whenever possible, any changes affecting compensation shall be in a lump sum mutually agreed by the Contractor and the City. 4. Time and Materials Change Orders. The City may direct the Contractor to proceed with the Additional Work with payment to be made on the basis of actual cost of the labor and materials required to complete the Additional Work. If the Project is federally funded, a time and materials Change Order shall only be issued after a determination that no other Change Order is suitable and the Change Order shall include a ceiling price that the Contractor exceeds at its own risk. 5. Federally Funded Projects. For any change in price to the Contract, general and administrative expenses shall be negotiated and must conform to the cost principles set forth under at 2 C.F.R. Part 200, subpart E, and profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the Additional Work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. 6. Allowed Costs. Estimates for lump sum quotations and accounting for time-and- material work shall be limited to direct expenditures necessitated specifically by the change and shall be segregated as follows: a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. b. Materials. The cost of materials reported shall be at the lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice. c. Tool and Equipment Use. Regardless of ownership, the rates to be used in determining equipment use shall not exceed listed rates prevailing locally at Packet Page. 1768 Makerspace Room Remodel -75- 00 72 00 – GENERAL CONDITIONS equipment rental agencies, or distributors, at the time the work is performed. The Contractor shall furnish cost data supporting the establishment of the rental rate. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the City for the total period of use. The City shall the make the final determination as to an equitable rental rate for the equipment. No payment will be made for the use of small tools, which have a replacement value of one thousand dollars ($1,000) or less. (i) The rental time to be paid for equipment shall be the time the equipment is in productive operation on the Additional Work being performed. Rental time will not be allowed while equipment is inoperative due to breakdowns. (ii) All equipment shall, in the opinion of the City, be in good working condition and suitable for the purpose for which the equipment is to be used. Equipment with no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. (iii) Before construction equipment is used on any Additional Work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City, in duplicate, a description of the equipment and its identifying number. (iv) When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be one half (1/2)-hour of operation, and any part of an hour greater than thirty (30) minutes will be considered one (1) hour of operation. When daily rates are listed, any part of a day less than four (4) hours operation shall be considered to be one half (1/2)-day of operation. d. Allowed Mark-up. The allowed mark-up for any and all overhead (including supervision and home and field office costs) and profit on work added to the Contract shall be determined in accordance with the following provisions: (i) “Net Cost” is defined as the actual costs of labor, materials and tools and equipment only, excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and Subcontractors at cost only, without mark-up. Contractor shall provide the City with documentation of the costs, including but not limited to payroll records, invoices, and such other information as the City may reasonably request. (ii) For Work performed by the Contractor’s forces the allowed mark-up shall not exceed fifteen percent (15%) of labor costs, ten percent (10%) of material costs, and ten percent (10%) of the cost of tools and equipment use. (iii) For Work performed by a Subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Subcontractor’s Net Cost of the Work to which the Contractor may add up to five percent (5%) of the Subcontractor’s Net Cost. Packet Page. 1769 Makerspace Room Remodel -76- 00 72 00 – GENERAL CONDITIONS (iv) For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub- subcontractor’s Net Cost for Work to which the Subcontractor and Contractor may each add up to an additional five percent (5%) of the Net Cost of the lower tier subcontractor. (v) No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by the City exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work. (vi) Calculation of the mark-up will be subject to the limitations above and to calculation as further detailed in (b)(B)(5) above. e. Documentation of Time-and-Material Costs. (i) T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s for an approval signature each day that Work is performed on a time-and-material basis. The Engineer’s signature on time sheets only serves as verification that the Work was performed and is not indicative of the City’s agreement to Contractor’s entitlement to the cost. (ii) T&M Summary Sheet. Contractor shall submit a T&M Summary Sheet, which shall include total actual costs, within five (5) days following completion of Additional Work on a time-and-material basis. Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and any other costs, along with documentation supporting the costs. Contractor’s failure to submit the T&M Summary Sheet within five (5) days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the Additional Work. f. Excluded Costs. The following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by the Contractor’s mark-up, shall not be allowed costs and shall not be included in any lump sum proposals or time-and-materials invoices: (i) Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Work; (ii) Office Expenses. Expenses of Contractor’s principal and branch offices; Packet Page. 1770 Makerspace Room Remodel -77- 00 72 00 – GENERAL CONDITIONS (iii) Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments; (iv) Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property; (v) Small Tools. Cost of small tools valued at less than one thousand dollars ($1,000) and that remain the property of Contractor; (vi) Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims; (vii) Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention; (viii) Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods; (ix) Special Consultants and Attorneys. Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. (x) Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents; including but not limited to: submittals, drawings, field drawings, shop drawings, including submissions of drawings; field inspection; general superintendence; computer services; reproduction services; salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; janitorial services; small tools, incidentals and consumables; temporary on-site facilities (offices, telephones, high speed internet access, plumbing, electrical power, lighting; platforms, fencing, water); surveying; estimating; protection of work; handling and disposal fees; final cleanup; other incidental work; related warranties; insurance and bond premiums. (xi) Compliance with Federal Cost Principles. If the Project is federally funded, any costs that are not allowable, reasonable and allocable to the Project, under generally accepted accounting principles and the applicable federal requirements. Packet Page. 1771 Makerspace Room Remodel -78- 00 72 00 – GENERAL CONDITIONS 9.2 Procedure for Resolving Claims. Contractor shall timely comply with any and all requirement of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 9.1, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the time for completion or Contractor’s compensation, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law. A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with all applicable law, including but not limited to these statutes. B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor for: 1. An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City; 2. Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or 3. An amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents. C. Filing Claims. Claims governed by this Article may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Article is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon. Packet Page. 1772 Makerspace Room Remodel -79- 00 72 00 – GENERAL CONDITIONS D. Documentation. The Contractor shall submit all Claims in the following format: 1. Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made 2. List of documents relating to Claim: a. Specifications b. Drawings c. Clarifications (Requests for Information) d. Schedules e. Other 3. Chronology of events and correspondence 4. Narrative analysis of Claim merit 5. Analysis of Claim cost, including calculations and supporting documents 6. Time impact analysis in the form required by the Contract Documents or, if the Contract Documents do not require a particular format, CPM format, if an adjustment of the Contract Time is requested E. City’s Response. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within sixty (60) days after the City issues its written statement. 1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the forty-five (45) days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the City’s governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. 2. Within thirty (30) days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within thirty Packet Page. 1773 Makerspace Room Remodel -80- 00 72 00 – GENERAL CONDITIONS (30) days (if the Claim is less than fifty thousand ($50,000), within fifteen (15) days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. F. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within fifteen (15) days of receipt of the City’s response or within fifteen (15) days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. G. Mediation. Within ten (10) business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time. 1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 2. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Article. 3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed. H. Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Packet Page. 1774 Makerspace Room Remodel -81- 00 72 00 – GENERAL CONDITIONS Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference. I. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less: 1. Within sixty (60) days, but no earlier than thirty (30) Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code Section 9204 and the terms of this Contract. The mediation process shall provide for the selection within fifteen (15) days by both parties of a disinterested third person as mediator, shall be commenced within thirty (30) days of the submittal, and shall be concluded within fifteen (15) days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. J. Government Code Claim Procedures. 1. This Article does not apply to tort claims and nothing in this Article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code. 2. In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for Additional Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City. 3. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for Additional Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with Packet Page. 1775 Makerspace Room Remodel -82- 00 72 00 – GENERAL CONDITIONS the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City. 4. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted. K. Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Article. ARTICLE 10 - MEASUREMENT; PAYMENT 10.1 Cost Breakdown. A. Lump Sum Work. 1. Contractor shall furnish on forms approved by the City within ten (10) days of the Notice to Proceed, a schedule of values allocating the entire Contract Price to the various portions of the Work and prepared in such a form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule of values, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor’s applications for payment. Contractor shall submit the schedule of values prior to submitting its first application for payment, and the City will not issue any payment until it receives and approves the schedule of values. B. Unit Price Work. 1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and or profit for each separately identified item. 2. Unless otherwise specified, payment will be based on the actual quantities of Work as verified and approved by the Engineer, based on the price per unit as set forth in the Bid. 3. The City or Contractor may initiate a Change Order or Change Order Request to adjust the Contract Price in accordance with Contractor Documents based on actual quantities of Unit Price Work. The City or Contractor may make a claim for an adjustment in the Unit Price in accordance with the Contract Documents if: Packet Page. 1776 Makerspace Room Remodel -83- 00 72 00 – GENERAL CONDITIONS a. the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and b. there is no corresponding adjustment with respect to any other item of Work; and c. Contractor believes that Contractor is entitled to an increase in unit price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in unit price and the parties are unable to agree as to the amount of any such increase or decrease. 10.2 Progress Estimates and Payment. A. By the tenth (10th) day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date Work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid. Contractor shall include any amount earned for authorized Additional Work. Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project. B. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section C below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request. C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in its judgment may be necessary to cover: 1. Payments which may be past due and payable for just claims against Contractor or any Subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract. 2. Defective work not remedied. 3. Failure of Contractor to make proper payments to his Subcontractor or for material or labor. 4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid. 5. Damage to another contractor or a third party. 6. Amounts which may be due the Count for claims against Contractor. 7. Failure of Contractor to keep the Record Drawings up to date. Packet Page. 1777 Makerspace Room Remodel -84- 00 72 00 – GENERAL CONDITIONS 8. Failure to provide update on construction schedule as required herein. 9. Site cleanup. 10. Failure to comply with Contract Documents. 11. Liquidated damages. 12. Legally permitted penalties. D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (C)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor. E. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within thirty (30) days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code Section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of days by which the Engineer exceeds the seven (7) day requirement. F. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City. G. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. 10.3 Final Acceptance and Payment A. Following the City’s acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request. The City shall have the right to adjust any estimate of quantity and to correct any error made in any estimate for payment. B. When the Work has been accepted there shall be paid to Contractor a sum equal to the Contract Price less any amounts previously paid Contractor and less any amounts withheld by the City from Contractor under the terms of the Contract. The final five percent (5%), or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of substantially complete, shall not become due and Packet Page. 1778 Makerspace Room Remodel -85- 00 72 00 – GENERAL CONDITIONS payable until as required by Public Contract Code Section 7107. If the Contractor has placed securities with the City as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the Contract Price less any amounts due the City under the terms of the Contract. C. Unless Contractor advises the City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the Notice Inviting Bids where the City has adopted a finding of completion, or the return of securities held as described herein, said acceptance shall operate as a release to the City of all claims and all liability to Contractor for all things done or furnished in connection with this Work and for every act of negligence of the City and for all other claims relating to or arising out of this Work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this Contract. D. In case of suspension of the Contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the Contract Price. E. Final payment shall be made no later than sixty (60) Days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code Section 8136. In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount. F. Within ten (10) days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its Subcontractors from whom retention has been withheld each Subcontractor’s share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular Subcontractor, payment of the retention shall be made to the designated Subcontractor if the payment is consistent with the terms of the subcontract. ARTICLE 11 - MISCELLANEOUS 11.1 Patents. A. Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this Contract. Packet Page. 1779 Makerspace Room Remodel -86- 00 72 00 – GENERAL CONDITIONS 11.2 Document Retention & Examination A. In accordance with Government Code Section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City. C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment. 11.3 Notice. A. All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party. 11.4 Notice of Third Party Claims A. Pursuant to Public Contract Code Section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification. 11.5 State License Board Notice A. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 11.6 Assignment of Contract A. Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to Packet Page. 1780 Makerspace Room Remodel -87- 00 72 00 – GENERAL CONDITIONS become due under this Contract shall be subject to a prior lien for services rendered or material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code. 11.7 Change In Name And Nature Of Contractor’s Legal Entity. A. Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect the City’s rights under the Contract, including but not limited to the bonds. 11.8 Prohibited Interests A. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract. 11.9 Controlling Law A. Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions. 11.10 Jurisdiction; Venue A. Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of San Bernardino County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action. 11.11 Cumulative Remedies. A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Applicable Laws, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. Packet Page. 1781 Makerspace Room Remodel -88- 00 72 00 – GENERAL CONDITIONS 11.12 Survival of Obligations. A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 11.13 Headings. A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 11.14 Assignment of Antitrust Actions A. In accordance with California Public Contract Code Section 7103.5(b), Contractor and Subcontractors must conform to the following requirements: 1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or Subcontractor offer and agree to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under §4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. 2. This assignment must be made and become effective at the time the awarding body tenders to Contractor, without further acknowledgment by the parties. 11.15 All Legal Provisions Included A. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify City in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in Work. If Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to City, he shall bear all costs arising therefrom. B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable. C. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract. Packet Page. 1782 Makerspace Room Remodel -89- 00 72 00 – GENERAL CONDITIONS D. No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the Work, shall be or become directly or indirectly interested financially in the Contract. E. All provisions of law required to be inserted in the Contract or Contract Documents pursuant to any Applicable Laws shall be and are inserted herein. If through mistake, neglect, oversight, or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Contract or Contract Documents shall be changed by City, at no increase in Contract Price or extension in Contract Times, so as to strictly comply with the Applicable Laws and without prejudice to the rights of either party hereunder 11.16 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 ARTICLE 12 -– FLEET COMPLIANCE 12.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). 12.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, the CRCs, fuel/ref ueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. 12.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. Packet Page. 1783 Makerspace Room Remodel 90 00 73 13 - SPECIAL CONDITIONS 00 73 13 – SPECIAL CONDITIONS ARTICLE 1 -SCOPE OF WORK 1.1 Location of the Project. A. 555 W 6th St, San Bernardino, CA 92410 Packet Page. 1784 Makerspace Room Remodel 91 00 73 13 - SPECIAL CONDITIONS 1.2 Scope of Work. A. The Scope of Work consists of: The work consists of, but is not limited to, demolition, metal stud framing, door and window installation, acoustic wall and ceiling tile panel installation, concrete floor polishing, HVAC (supply, return registers, and ductwork), plumbing, and electrical work. ARTICLE 2 -REQUIRED DOCUMENTS FOR PAY APPLICATION Each monthly or milestone invoice from the General Contractor must include: 1. Contractor’s Invoice and Schedule of Values (SOV) o Must reflect cumulative progress to date. o Each line item should correspond to measurable work completed and/or materials supplied. 2. Subcontractor Invoices o Each subcontractor listed in the SOV must submit a corresponding invoice. o Invoices should specify labor, materials, and equipment consistent with progress reports. 3. Subcontractor Conditional/Unconditional Releases o Conditional Waiver and Release on Progress Payment (Civil Code §8132) for partial payments. o Unconditional Waiver and Release on Progress Payment (Civil Code §8134) once payment is made. o Final Waivers (Civil Code §§8136–8138) upon project completion. 4. Material Supplier Documentation o Invoices for materials incorporated into the project. o Corresponding lien releases from suppliers to subcontractors or the GC. o Delivery tickets or packing slips verifying material delivery to site. 5. Certified Payroll Records (CPRs) o Weekly payroll reports for all contractors and subcontractors (Labor Code §1776). o Must match reported progress and labor hours billed. o Electronic submission via the Department of Industrial Relations (DIR) is required. Packet Page. 1785 Makerspace Room Remodel 92 00 73 13 - SPECIAL CONDITIONS 6. Apprenticeship Compliance Documentation o Evidence of registered apprentices (Labor Code §1777.5). o Proof of training contributions. 7. Inspection Reports / Field Verification o Inspection logs confirming percent completion of each SOV line item. o Field engineer sign-off on progress estimates. 8. Retention and Withholding Summary o Confirmation of 5% retention per Public Contract Code §9203. o Identification of withheld funds for non-compliant documentation. ARTICLE 3 -MODIFICATIONS TO THE GENERAL CONDITIONS Section not used. END OF SPECIAL CONDITIONS Packet Page. 1786 Makerspace Room Remodel 93 SPECIFICATIONS SPECIFICATIONS "THE FOLLOWING SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY: 1. Specifications for City of San Bernardino Maker Space Room Remodel at the Feldheym Library Packet Page. 1787 Makerspace Room Remodel 94 PLANS AND DRAWINGS PLANS AND DRAWINGS "THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY: 1. City of San Bernardino Maker Space Room Remodel at The Feldheym Library Building Packet Page. 1788 Makerspace Room Remodel 95 PLANS AND DRAWINGS COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA) CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF) FEDERAL GUIDELINES USE OF ARPA CLFRF AND REQUIREMENTS This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLT0628 and Assistance Listing Number (formerly known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to the ARPA requirements shall be returned or repaid to the City or County. Any funds paid to Contractor i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the federal government. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s). Contractor agrees to comply with the following: A. In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the non- Federal Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. B. In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in Title 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Packet Page. 1789 Makerspace Room Remodel 96 PLANS AND DRAWINGS Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. C. A non-Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. D. Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. E. Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251-1389). F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Packet Page. 1790 Makerspace Room Remodel 97 PLANS AND DRAWINGS G. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where applicable, all contracts awarded by the non-Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with Title 40 U.S.C. Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. H. Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal Contractor must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal contractor must report all suspected or reported violations to the Federal awarding agency. i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Section 3.10.6 “Prevailing Wages” for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the City and are available to any interested party on request. The higher of the two applicable wage determinations, either California prevailing wage or Davis-Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract. I. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address Packet Page. 1791 Makerspace Room Remodel 98 PLANS AND DRAWINGS administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. J. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal Contractor including the manner by which it will be effected and the basis for settlement. K. Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts. i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation Packet Page. 1792 Makerspace Room Remodel 99 PLANS AND DRAWINGS conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry Packet Page. 1793 Makerspace Room Remodel 100 PLANS AND DRAWINGS out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, t he applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); r efrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. L. Data Collection Requirements – Contractor agrees to collect pre-post data per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available to County, State or Federal governments upon request. M. Data Submission Requirements - Contractor agrees to furnish data to the County upon request, per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request. N. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the City upon request, per County, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the City. O. Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official federal guidance issued or to be issued on what constitutes an eligible expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment. P. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for records). Such documentation shall be produced to City upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive), Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last Packet Page. 1794 Makerspace Room Remodel 101 PLANS AND DRAWINGS payment made by City or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the City, the State or the United States Government during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by City. Q. Contractor shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Contractor’s requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable expenditures by Contractor. Contractor shall provide a monthly report of expenditures under this Contract no later than the 20th day of the following month. R. Contractor shall cooperate in having an audit completed by City, at City’s option and expense. Any audit required by ARPA CLFRF and its regulation and United States Treasury guidance will be completed by Contractor at Contractor’s expense. S. Contractor shall repay to City any reimbursement for ARPA CLFRF funding that is determined by subsequent audit to be unallowable under the ARPA CLFRF within the time period required by the ARPA CLFRF, but no later than one hundred twenty (120) days of Contractor receiving notice of audit findings, which time shall include an opportunity for Contractor to respond to and/or resolve the findings. Should the findings not be otherwise resolved and Contractor fail to reimburse moneys due City within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both parties or required by the ARPA CLFRF, City reserves the right to withhold future payments due Contractor from any source under City’s control. T. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply. U. Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25. V. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170. W. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), Title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury’s implementing regulation at Title 31 C.F.R. Part 19. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 C.F.R. Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. X. Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. Packet Page. 1795 Makerspace Room Remodel 102 PLANS AND DRAWINGS Y. Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20. Z. New Restrictions on Lobbying, Title 31 C.F.R. Part 21. AA. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. Sections 4601-4655) and implementing regulations. BB. Applicable Federal environmental laws and regulations. CC. Statutes and regulations prohibiting discrimination include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury’s implementing regulations at Title 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. DD. Contractor understands that making false statements or claims in connection with the ARPA funded activities is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. EE. Any publications produced with ARPA funds must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLT-0628 awarded to San Bernardino County by the U.S. Department of Treasury.” FF. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. GG. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers. HH. As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor assures that it: Packet Page. 1796 Makerspace Room Remodel 103 PLANS AND DRAWINGS i. Ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. Sections 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 C.F.R. Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents. ii. Acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication. iii. Agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services, and activities. iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. II. The City must include the following language in every contract or agreement subject to Title VI and its regulations: “The sub-grantee, contractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nation origin (42 U.S.C. Section 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made a part of this contract or agreement.” JJ. Contractor shall cooperate in any enforcement or compliance review activities by the City, and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements. KK. Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing. Packet Page. 1797 Makerspace Room Remodel 104 PLANS AND DRAWINGS LL. City has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations. MM. Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the City is obligated with the Department of the U.S. Treasury, whichever is later. NN. Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R. Section 200.112. OO. In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management official or other employee of Recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Subrecipient or Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. PP. City and Contractor acknowledge that if additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Exhibit conflict with any other terms in the Contract, the terms in this Exhibit shall control. Packet Page. 1798 Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 2.1 CARPET TILE, BUILT-IN COUNTER, SHELVES, GYPSUM BOARD, WINDOW BLINDS, SIGNAGE, LIGHT 1 LS 27,000.00$ 27,000.00$ 42,000.00$ 42,000.00$ 15,782.00$ 15,782.00$ 29,777.00$ 29,777.00$ 29,436.00$ 29,436.00$ 5.17.18.18.28.29.19.29.39.49.510.110.210.310.410.511.1 1 LS 21,000.00$ 21,000.00$ 16,000.00$ 16,000.00$ -$ -$ 2,500.00$ 2,500.00$ 8,356.00$ 8,356.00$ 15.122.1 SUPPLY, SEWER, VENT PIPING 1 LS 12,000.00$ 12,000.00$ 2,500.00$ 2,500.00$ 13,747.00$ 13,747.00$ 7,000.00$ 7,000.00$ 16,043.00$ 16,043.00$ 22.226.126.226.326.426.526.626.72829303132 Apparent Low Bidder 1 Apparent Low Bidder 2 Apparent Low Bidder 3 Apparent Low Bidder 4 Apparent Low Bidder 5 $238,800.00 $246,110.00 $250,981.79 $274,170.08 $258,966.00 $238,800.00 $246,110.00 $250,981.79 258,341.00$ $265,021.00 Apparent Low Bidder 5Apparent Low Bidder 3 CONSTRUCTION BID ITEM & DESCRIPTION BID RANKING TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES TOTAL BID AMOUNT INDICATED BY BIDDER CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNT DEVELOPMENT INC. 1. BID TABULATION PROJECT NAME: FELDHEYM CENTRAL LIBRARY MAKERSPACE ROOM REMODEL PROJECT NO: BID TABULATION Apparent Low Bidder 1 Apparent Low Bidder 2 CONSTRUCTION INC.SERVICES Apparent Low Bidder 4 STEADY SOLUTIONS S:\ENGINEERING\RFCA's\2026 All\06-03-2026\Feldheym Library Makerspace\BID TABULATION & REFERENCE CHECK.xlsxBID TABULATION 1 of 3 Packet Page. 1799 Quantity Unit 1 2.1 CARPET TILE, BUILT-IN COUNTER, SHELVES, GYPSUM BOARD, WINDOW BLINDS, SIGNAGE, LIGHT 1 LS 5.17.18.18.28.29.19.29.39.49.510.110.210.310.410.511.1 1 LS15.122.1 SUPPLY, SEWER, VENT PIPING 1 LS22.226.126.226.326.426.526.626.72829303132 BID ITEM & DESCRIPTION BID RANKING TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES TOTAL BID AMOUNT INDICATED BY BIDDER CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNT 1. BID TABULATION PROJECT NAME: FELDHEYM CENTRAL LIBRARY MAKERSPACE ROOM REMODEL PROJECT NO: BID TABULATION Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 30,348.50$ 30,348.50$ 8,250.00$ 8,250.00$ 11,934.00$ 11,934.00$ 68,170.25$ 68,170.25$ 37,863.00$ 37,863.00$ 75,000.00$ 75,000.00$ 30,348.50$ 30,348.50$ 33,000.00$ 33,000.00$ 42,005.00$ 42,005.00$ 8,115.00$ 8,115.00$ 105,550.00$ 105,550.00$ 35,000.00$ 35,000.00$ 7,000.00$ 7,000.00$ 4,950.00$ 4,950.00$ 2,349.00$ 2,349.00$ 1,750.00$ 1,750.00$ 1,000.00$ 1,000.00$ 9,000.00$ 9,000.00$ 3,600.00$ 3,600.00$ 1,650.00$ 1,650.00$ 1,020.00$ 1,020.00$ 1,100.00$ 1,100.00$ 475.00$ 475.00$ 1,500.00$ 1,500.00$ 10,000.00$ 10,000.00$ 4,950.00$ 4,950.00$ 11,590.00$ 11,590.00$ 8,175.00$ 8,175.00$ 11,000.00$ 11,000.00$ 9,500.00$ 9,500.00$ 10,000.00$ 10,000.00$ 7,700.00$ 7,700.00$ 18,843.00$ 18,843.00$ 16,175.00$ 16,175.00$ 11,000.00$ 11,000.00$ 10,500.00$ 10,500.00$ 4,000.00$ 4,000.00$ 1,900.00$ 1,900.00$ 997.00$ 997.00$ 500.00$ 500.00$ 500.00$ 500.00$ 2,500.00$ 2,500.00$ 91.75$ 1,835.00$ 82.50$ 1,650.00$ 111.55$ 2,231.00$ 882.50$ 17,650.00$ 50.00$ 1,000.00$ 150.00$ 3,000.00$ 32.85$ 20,399.85$ 22.00$ 13,662.00$ 55.40$ 34,403.40$ 54.75$ 33,999.75$ 30.60$ 19,002.60$ 27.00$ 16,767.00$ 60.00$ 60.00$ 22,000.00$ 22,000.00$ 10,684.00$ 10,684.00$ 6,700.00$ 6,700.00$ 10,500.00$ 10,500.00$ 17,533.00$ 17,533.00$ 12.19$ 19,991.60$ 8.80$ 13,662.00$ 9.05$ 14,842.00$ 10.98$ 18,007.20$ 12.80$ 20,992.00$ 11.00$ 18,040.00$ 4,000.00$ 4,000.00$ 5,500.00$ 5,500.00$ 1,250.00$ 1,250.00$ 1,171.00$ 1,171.00$ 1,500.00$ 1,500.00$ 2,559.00$ 2,559.00$ 300.00$ 300.00$ 2,200.00$ 2,200.00$ 214.00$ 214.00$ 1,200.00$ 1,200.00$ 1,000.00$ 1,000.00$ 3,000.00$ 3,000.00$ 800.00$ 1,600.00$ 1,100.00$ 2,200.00$ 510.00$ 1,020.00$ 505.00$ 1,010.00$ 500.00$ 1,000.00$ 750.00$ 1,500.00$ 1,300.00$ 1,300.00$ 1,650.00$ 1,650.00$ 1,092.00$ 1,092.00$ 1,100.00$ 1,100.00$ 350.00$ 350.00$ 3,304.00$ 3,304.00$ 125.00$ 125.00$ 550.00$ 550.00$ 196.00$ 196.00$ 950.00$ 950.00$ 500.00$ 500.00$ 750.00$ 750.00$ 400.00$ 400.00$ 550.00$ 550.00$ 279.00$ 279.00$ 1,450.00$ 1,450.00$ 1,000.00$ 1,000.00$ 750.00$ 750.00$ 3,800.00$ 3,800.00$ 13,200.00$ 13,200.00$ 3,417.00$ 3,417.00$ 2,300.00$ 2,300.00$ 3,500.00$ 3,500.00$ 14,000.00$ 14,000.00$ 2,300.00$ 2,300.00$ 5,500.00$ 5,500.00$ 2,255.00$ 2,255.00$ 6,000.00$ 6,000.00$ 2,500.00$ 2,500.00$ 6,000.00$ 6,000.00$ 30,000.00$ 30,000.00$ 34,500.00$ 34,500.00$ 33,222.00$ 33,222.00$ 24,356.59$ 24,356.59$ 7,658.00$ 7,658.00$ 25,860.00$ 25,860.00$ 2,408.50$ 4,817.00$ 2,875.00$ 5,750.00$ 2,966.50$ 5,933.00$ 3,220.00$ 6,440.00$ 3,604.00$ 7,208.00$ 1,500.00$ 3,000.00$ 5,000.00$ 5,000.00$ 30,475.00$ 30,475.00$ 31,113.00$ 31,113.00$ 28,720.00$ 28,720.00$ 54,800.00$ 54,800.00$ 41,500.00$ 41,500.00$ 150.00$ 300.00$ 632.50$ 1,265.00$ 613.00$ 1,226.00$ 1,766.50$ 3,533.00$ 250.00$ 500.00$ 1,000.00$ 2,000.00$ 150.00$ 300.00$ 1,035.00$ 2,070.00$ 1,012.00$ 2,024.00$ 2,103.00$ 4,206.00$ 350.00$ 700.00$ 1,250.00$ 2,500.00$ 2,100.00$ 42,000.00$ 1,035.00$ 20,700.00$ 1,044.35$ 20,887.00$ 1,005.10$ 20,102.00$ 400.00$ 8,000.00$ 427.00$ 8,540.00$ 800.00$ 2,400.00$ 862.50$ 2,587.50$ 876.00$ 2,628.00$ 1,571.67$ 4,715.01$ 500.00$ 1,500.00$ 500.00$ 1,500.00$ 10,000.00$ 10,000.00$ 6,900.00$ 6,900.00$ 6,789.00$ 6,789.00$ 8,226.00$ 8,226.00$ 3,000.00$ 3,000.00$ 1,000.00$ 1,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ Apparent Low Bidder 6 Apparent Low Bidder 7 Apparent Low Bidder 8 Apparent Low Bidder 9 Apparent Low Bidder 10 Apparent Low Bidder 11 $266,225.45 $268,971.50 $284,443.40 $315,821.80 $333,598.60 $336,103.00 $267,534.00 $268,941.00 $284,436.00 $315,822.05 $331,000.00 $336,103.00 Apparent Low Bidder 6 Apparent Low Bidder 10 KNC CONSTRUCTION INC.& MANAGEMENT CORP. Apparent Low Bidder 7 YMC FIRST TRADE LLC NW BUILDING GROUP Apparent Low Bidder 11Apparent Low Bidder 8 LLC Apparent Low Bidder 9 BCM GROUP INC. S:\ENGINEERING\RFCA's\2026 All\06-03-2026\Feldheym Library Makerspace\BID TABULATION & REFERENCE CHECK.xlsxBID TABULATION 2 of 3 Packet Page. 1800 Quantity Unit 1 2.1 CARPET TILE, BUILT-IN COUNTER, SHELVES, GYPSUM BOARD, WINDOW BLINDS, SIGNAGE, LIGHT 1 LS 5.17.18.18.28.29.19.29.39.49.510.110.210.310.410.511.1 1 LS15.122.1 SUPPLY, SEWER, VENT PIPING 1 LS22.226.126.226.326.426.526.626.72829303132 BID ITEM & DESCRIPTION BID RANKING TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES TOTAL BID AMOUNT INDICATED BY BIDDER CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNT 1. BID TABULATION PROJECT NAME: FELDHEYM CENTRAL LIBRARY MAKERSPACE ROOM REMODEL PROJECT NO: BID TABULATION Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 65,906.50$ 65,906.50$ 51,037.00$ 51,037.00$ 20,000.00$ 20,000.00$ 136,950.00$ 136,950.00$ 116,267.00$ 116,267.00$ 37,200.00$ 37,200.00$ 32,200.00$ 32,200.00$ 18,305.00$ 18,305.00$ 50,000.00$ 50,000.00$ 40,000.00$ 40,000.00$ 47,782.00$ 47,782.00$ 20,427.00$ 20,427.00$ 3,450.00$ 3,450.00$ 4,586.00$ 4,586.00$ 36,093.00$ 36,093.00$ 7,000.00$ 7,000.00$ 10,000.00$ 10,000.00$ 1,391.00$ 1,391.00$ 1,150.00$ 1,150.00$ 360.00$ 360.00$ 3,000.00$ 3,000.00$ 100.00$ 100.00$ 21,000.00$ 21,000.00$ 1,790.00$ 1,790.00$ 8,050.00$ 8,050.00$ 4,586.00$ 4,586.00$ 8,000.00$ 8,000.00$ 11,000.00$ 11,000.00$ 11,000.00$ 11,000.00$ 42,800.00$ 42,800.00$ 17,537.50$ 17,537.50$ 6,563.00$ 6,563.00$ 12,000.00$ 12,000.00$ 11,000.00$ 11,000.00$ 11,000.00$ 11,000.00$ 66,400.00$ 66,400.00$ 287.50$ 287.50$ 975.00$ 975.00$ 1,000.00$ 1,000.00$ 500.00$ 500.00$ 500.00$ 500.00$ 1,200.00$ 1,200.00$ 74.75$ 1,495.00$ 950.00$ 19,000.00$ 4,000.00$ 4,000.00$ 100.00$ 2,000.00$ 5,000.00$ 5,000.00$ 111.00$ 2,220.00$ 21.85$ 13,568.85$ 45.00$ 27,945.00$ 21,735.00$ 21,735.00$ 30.00$ 18,000.00$ 15,000.00$ 15,000.00$ 40.00$ 24,840.00$ 25,875.00$ 25,875.00$ 62,965.00$ 62,965.00$ 18,000.00$ 18,000.00$ 7,000.00$ 7,000.00$ 20,000.00$ 20,000.00$ 23,470.00$ 23,470.00$ 8.74$ 14,333.60$ 12.00$ 19,680.00$ 19,680.00$ 19,680.00$ 8.00$ 13,000.00$ 12,465.00$ 12,465.00$ 13.25$ 21,730.00$ 1,840.00$ 1,840.00$ 3,183.00$ 3,183.00$ 4,000.00$ 4,000.00$ 2,000.00$ 2,000.00$ 5,000.00$ 5,000.00$ 627.00$ 627.00$ 575.00$ 575.00$ 5,060.00$ 5,060.00$ 2,500.00$ 2,500.00$ 1,000.00$ 1,000.00$ 2,000.00$ 2,000.00$ 1,200.00$ 1,200.00$ 172.50$ 345.00$ 350.00$ 700.00$ 1,200.00$ 1,200.00$ 500.00$ 1,000.00$ 2,000.00$ 2,000.00$ 600.00$ 1,200.00$ 575.00$ 575.00$ 450.00$ 450.00$ 800.00$ 800.00$ 500.00$ 500.00$ 510.00$ 510.00$ 1,200.00$ 1,200.00$ 345.00$ 345.00$ 250.00$ 250.00$ 600.00$ 600.00$ 150.00$ 150.00$ 700.00$ 700.00$ 600.00$ 600.00$ 920.00$ 920.00$ 300.00$ 300.00$ 1,200.00$ 1,200.00$ 800.00$ 800.00$ 700.00$ 700.00$ 1,800.00$ 1,800.00$ 2,800.00$ 2,800.00$ 10,000.00$ 10,000.00$ 35,000.00$ 35,000.00$ 5,000.00$ 5,000.00$ 15,000.00$ 15,000.00$ 10,620.00$ 10,620.00$ 6,325.00$ 6,325.00$ 5,830.00$ 5,830.00$ 12,000.00$ 12,000.00$ 15,000.00$ 15,000.00$ 8,000.00$ 8,000.00$ 15,900.00$ 15,900.00$ 19,550.00$ 19,550.00$ 9,550.00$ 9,550.00$ 18,000.00$ 18,000.00$ 20,000.00$ 20,000.00$ 11,860.00$ 11,860.00$ 29,760.00$ 29,760.00$ 2,300.00$ 4,600.00$ 3,850.00$ 7,700.00$ 1,500.00$ 1,500.00$ 1,000.00$ 2,000.00$ 11,860.00$ 11,860.00$ 600.00$ 1,200.00$ 46,000.00$ 46,000.00$ 12,380.00$ 12,380.00$ 50,000.00$ 50,000.00$ -$ -$ 26,220.00$ 26,220.00$ 25,097.00$ 25,097.00$ 3,147.55$ 6,295.10$ 1,850.00$ 3,700.00$ 1,200.00$ 1,200.00$ -$ -$ 1,706.00$ 1,706.00$ 3,000.00$ 6,000.00$ 1,587.00$ 3,174.00$ 780.00$ 1,560.00$ 7,000.00$ 7,000.00$ -$ -$ 1,033.00$ 1,033.00$ 3,000.00$ 6,000.00$ 1,587.00$ 31,740.00$ 2,400.00$ 48,000.00$ 12,000.00$ 12,000.00$ -$ -$ 17,602.00$ 17,602.00$ 1,920.00$ 38,400.00$ 1,587.00$ 4,761.00$ 1,500.00$ 4,500.00$ 900.00$ 2,700.00$ 70,000.00$ 70,000.00$ 2,215.00$ 2,215.00$ 2,000.00$ 6,000.00$ 4,600.00$ 4,600.00$ 10,885.00$ 10,885.00$ 6,000.00$ 6,000.00$ -$ -$ 5,721.00$ 5,721.00$ 1,220.00$ 1,220.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ Apparent Low Bidder 12 Apparent Low Bidder 13 Apparent Low Bidder 14 Apparent Low Bidder 15 Apparent Low Bidder 16 Apparent Low Bidder 17 $338,299.05 $360,050.00 $369,208.00 $384,000.00 $402,141.00 $410,292.00 $338,299.05 $360,050.00 $369,208.00 $383,131.00 $402,141.00 $410,292.00 Apparent Low Bidder 13 MBE CONSTRUCTION Apparent Low Bidder 16 CO BROTHERS CORP. Apparent Low Bidder 17 INC. Apparent Low Bidder 12 MONET CONSTRUCTION INC. Apparent Low Bidder 14 Apparent Low Bidder 15 JM BUILDERS INC. S:\ENGINEERING\RFCA's\2026 All\06-03-2026\Feldheym Library Makerspace\BID TABULATION & REFERENCE CHECK.xlsxBID TABULATION 3 of 3 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 Attach men t 4 Loc ation Map 500 ft N ➤➤ N Packet Page. 1832 3 1 9 0 CONSENT CALENDAR June 3, 2026 Honorable Mayor and City Council Members Lynn Merrill, Director of Public Works Public Works It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of a Cooperative Goods Purchasing Agreement with Public Restroom Company for the Lytle Creek park and Community Center Renovations Project (Project) in the amount of $327,742; and 2. Authorize the City Manager or designee to execute all documents with Public Restroom Company. The City Manager recommends approval of the award of $327,742 for the installation of prefabricated restroom building at La Plaza Park. Awarding the cooperative goods purchasing agreement with Public Restroom Company will allow the City to move forward with the fabrication and installation of a prefabricated restroom building at La Plaza Park. Upon award, Public Restroom Company will fully assemble the restroom building off-site and provide a turnkey installation service once on-site preparations have been completed. This award utilizes a competitively solicited Sourcewell agreement and will be funded by the previously approved County and City funds. Packet Page. 1833 3 1 9 0 Background On May 7, 2025, the Mayor and City Council approved a funding agreement with the Couty of San Bernardino for the La Plaza Park Improvements Project. The agreement provided $1,342,243 of County funds and approved matching City funds in the amount of $447,414 for a total project budget of $1,789,657. On September 3, 2025, the Mayor and City Council approved a Task order with Rick Engineering Company for designs services for the Project in the amount of $304,720. Improvements proposed to be in the design included, but are not limited to gazebo, restroom building, walkways, lighting, turf, ADA accessibility, playground equipment, electrical components, monument sign, and statue As part of the Task Order awarded to Rick Engineering Company, a prefabricated restroom design was prepared to replace the existing restroom building at La Plaza Park. To deliver this proposed improvement, Rick Engineering Company contacted Public Restroom Company (PRC) and requested a design, which was refined based on input from City staff. PRC has fabricated and installed restrooms for other City park projects, including Nicholson Park and Seccombe Lake Park. They are also in the process of fabricating a new restroom building for Lytle Creek Park. Discussion Awarding the Cooperate Goods Purchasing Agreement will provide a prefabricated restroom building for the La Plaza Park project. The building will include two accessible all gender single occupant restroom stalls, two drinking fountains, and a utility chase. The agreement includes the fabrication, delivery, and installation of the building by Public Restroom Company. The building includes a 5-year warranty for defects in material or workmanship, and a 20-year structural warranty for components including the exterior walls, slab/foundation, and roof system. This award utilizes a competitively solicited Sourcewell agreement (Master Agreement #052725), which was procured using a publicly issued solicitation (RFP #052725 – Restroom and Shower Facilities). Sourcewell is a local government and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123.A.21) offering a Cooperative Purchasing Program to eligible participating government entities. Public Contract Code Section 10298(a) and Article V, Section 5.5 of the City’s Purchasing Policy authorize the City to utilize cooperative purchasing agreements with other public agencies when determined to be in the City’s best interest." Once the agreement is awarded and fully executed, the fabrication of the building is estimated to take approximately 9 months to complete. Prior to installation of the building, on-site preparation will be constructed by a third- party general contractor. Once the building is installed, the general contractor will be responsible for the final utility connections. These services will be awarded later and will be based on the overall park design prepared by Rick Engineering Company. Permits for the building will also be acquired as necessary. Packet Page. 1834 3 1 9 0 The PRC proposal cost is as follows: Assemble and Deliver Prefabricated Restroom Building $301,937 Turnkey Installation Service $25,805 Total Cost $327,742 Funding will be provided by the previously approved City and County funding in the amount of $1,789,657. The proposed budget utilization would be as follows: Project Funding $1,789,657 Rick Engineering Company Award ($304,720) Estimated Year-to-Date Administrative Costs ($1,825) Public Restroom Company Award ($327,742) Remaining Budget $1,155,370 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 2: Focused, Aligned Leadership and Unified Community through the opportunity to improve city parks, increase community engagement and involvement in city-run recreation activities, and Key Target No. 3: Improved Quality of Life through encouraging active lifestyles and crime reduction through built environment and increased community visibility. Fiscal Impact There is no fiscal impact on the general fund. Funding for this $327,742 agreement will be provided from the previously approved County and City funding in the amount of $1,789,657. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California; 1. Approve the award of a Cooperative Goods Purchasing Agreement with Public Restroom Company for the Lytle Creek park and Community Center Renovations Project (Project) in the amount of $327,742; and 2. Authorize the City Manager or designee to execute all documents with Public Restroom Company. Attachments Attachment 1 Cooperative Goods Purchasing Agreement with Public Restroom Company Packet Page. 1835 3 1 9 0 Attachment 2 Sourcewell Master Agreement #052725 Attachment 3 Project Location Map Ward: First Ward Synopsis of Previous Council Actions: May 7, 2025 Approval of Funding Agreement with the County of San Bernardino for La Plaza Park Improvements. September 3, 2025 Approval of a Task Order with Rick Engineering Company for La Plaza park Improvement in the amount of $304,720 for total design cost and contingencies. CC Eric Levitt, City Manager Packet Page. 1836 1 GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PUBLIC RESTROOM COMPANY This Goods Purchase Agreement (“Agreement”) is entered into this 3rd day of June, 2026, 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 Public Restroom Company, a Nevada corporation with its principal place of business at 2587 Business Parkway, Minden, NV 89423 (“Supplier”). The City and Supplier may be referred to individually as a “Party” and collectively as the “Parties” in this Agreement. RECITALS A. The City has a need to procure one (1) prefabricated public restroom building for La Plaza Park (“Goods”). B. Sourcewell issued a public solicitation identified as RFP #052725 – Restroom and Shower Facilities Solutions, through which Public Restroom Company was awarded a cooperative contract (the “Master Agreement”). C. Public Contract Code Section 10298(a) and Article V, Section 5.5 of the City’s Purchasing Policy authorize the City to utilize cooperative purchasing agreements with other public agencies when determined to be in the City’s best interest. D. The City desires to procure the Goods under Sourcewell Contract No. 052725-PRM, as permitted under the Master Agreement, subject to the City’s terms and conditions herein. AGREEMENT Section 1. DEFINITIONS. A. “Goods” means the prefabricated restroom building and associated factory-provided components as described in Exhibit A. Goods do not include site preparation, foundations, underground utilities, installation, testing, or commissioning unless expressly stated in writing in Exhibit A. 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, Packet Page. 1837 2 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 rejection or acceptance thereof. Section 4. WARRANTY. A. Supplier’s warranty applies solely to defects in materials and workmanship of the factory-built Goods. This warranty does not apply to site-constructed work, foundations, utilities, connections, misuse, vandalism, or normal wear and tear 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; Packet Page. 1838 3 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 are 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 are 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 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 City hereunder; and (ii) all charges for packing, freight and transportation to destination. 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. Packet Page. 1839 4 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, 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 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 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 Packet Page. 1840 5 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. 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. B. In the event that the Goods are 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. Packet Page. 1841 6 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. 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 14.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 Packet Page. 1842 7 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 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; and 4. 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. B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The 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 shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and Packet Page. 1843 8 volunteers. 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. 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. 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 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, 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. 1844 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 are 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. Upon termination for convenience, Supplier shall be compensated for all Goods completed, Goods in production, materials procured, and reasonable demobilization costs. 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. 1845 10 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, 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. 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: Lynn Merrill, Director of Public Works With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney SUPPLIER: Public Restroom Company 2587 Business Parkway Minden, NV 89423 Attn: Jennifer Garlington 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. 1846 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. 1847 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. 1848 13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PUBLIC RESTROOM COMPANY 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, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney SUPPLIER PUBLIC RESTROOM COMPANY Signature Name Title Packet Page. 1849 EXHIBIT A GOODS SPECIFICATIONS Supplier’s proposal dated April 23, 2026, titled Price Proposal – La Plaza Park – San Bernardino, CA (#13271), is attached and incorporated by reference. Only the goods and delivery scope are authorized under this Agreement. [ATTACHED] Packet Page. 1850 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 1 of 19 Price Proposal: La Plaza Park Location: San Bernardino, CA Date: 04/23/2026 Reference: 13271-4/21/2026-5 Sourcewell: Contract # 052725-PRM Our Offer to Sell: 1. Total Cost of Building Fabrication, Delivery, Offset and Installation $ 327,742 2. Prefabricated Building delivered to site and offset $ 301,937 Public Restroom Company (PRC) herein bids to furnish (building only per plans and specifications, delivered to site with all costs except installation including applicable taxes excluding retention. (Retention is not allowed as this is materials or a product fully assembled before shipment to the site and therefore not subject to retention.) 3. Installation: Turnkey Installation of the Building above $25,805 with retention allowed. Public Restroom Company also includes in this two-part quotation our turnkey installation package for this building. Our national factory authorized installation team will: a. Arrive onsite to confirm and verify the Owner/General Contractor provided scope of work in preparation for installation including access to the site. b. Verify the building pad size, building corners, finished slab elevation, utility depth and location, meter size and distance from building, and compaction compliance. c. Excavate the utility trenches for placement of our prefabricated underground piping tree for the buildings plumbing and electrical, set the plumbing tree in place, provide the water test for inspection before backfilling, and then place the adjacent coarse sand that Owner/Contractor provided alongside the building pad and screed it level for final building placement. PRC will need onsite water availability for wetting the sand bed before building placement to consolidate the pad. d. Set the building on the site pad. e. Connect the utility piping stub ups to the building piping stub down building points of connection for water, sewer, and electrical conduit to the building internal electrical panel. ** Please note: If there is a Community Workforce Agreement or other regulation requiring local labor for installation, Public Restroom Company will not offer this full installation package. The building will be delivered to the site and offset with a crane only. The Owner or General Contractor will be responsible for installation, and a separate price will be issued for the crane and site supervision. Please see “Optional Building Installation Steps – By Others” on page 12 .** 4. Owner/General Contractor Final Tie in of Utilities and other site work a. The Owner/Contractor is responsible for making all final plumbing connections at the POC location approximately 4’-6’ outside of the building footprint. b. The Owner/Contractor is responsible for pulling wire and completing all final tie-ins to the electrical panel from the POC location approximately 4-6’ outside of the building footprint. c. The Owner/Contractor is responsible for preparing the pad/foundation. PRC will trench through provided pad/foundation to the POC locations provided by the GC between 4’- 6’ outside of the building footprint. Packet Page. 1851 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 2 of 19 OWNER/GENERAL CONTRACTOR SCOPE OF WORK WITH/WITHOUT FOOTINGS: Scope of Work Background: Owner/General Contractor shall survey the site, establish survey for the building pad and prefabricated building slab elevation and front corners, excavate for building footings (if required), locate footing sleeves for electrical, waste, and water, pour the footings (if required), furnish sand base adjacent to subgrade pad, and provide location for utility POC’s nominally 4’-6’ outside the building’s subgrade. Preparation of Building Pad: Owner/General Contractor is responsible for providing the building subgrade pad or when required footings. Determination of subgrade type is outside of Public Restroom Company’s scope. Pad/Footing specifications are to be provided by the Owner/General Contractor based on site-specific requirements as determined by the Local Authority Having Jurisdiction (AHJ) and soil conditions. Final subgrade design must meet or exceed the minimum design criteria provided for reference by Public Restroom Company. Subgrade Pad/Foundation Requirements: 1. Owner/General Contractor shall survey the building site and provide a finished slab elevation for the prefabricated building. The building pad size required is larger than the final actual building footprint. Provide building front corner stakes with 10’ offsets. 2. Excavate the existing site to the depth of the required footings to local code if required. 3. Furnish coarse concrete sand adjacent to subgrade pad so PRC can cut the utility trenches, install underground utilities, and screed sand. 4. If determined that under slab vapor barrier and or insulation is required, Owner/General Contractor shall provide materials and installation. Owner/General Contractor verification of site access to allow Building Delivery: 1. You certify to PRC that suitable delivery access to the proposed building site is available. Suitable access is defined as 14’ minimum width, 16’ minimum height, and sufficient turning radius for a crane and 70’ tractor-trailer. 2. PRC cost is based upon the provided crane being able to get within 35’ of the building’s center and for the delivery truck to be no more than 35’ from the crane center picking point. 3. If the path to the building site traverses curbs, underground utilities, landscaping, sidewalks, or other obstacles that could be damaged, it is the Owner/General Contractor ‘s responsibility for repair and all costs, if damage occurs. 4. If trench plating is required, it shall be the cost responsibility of the Owner/General Contractor. 5. If unseen obstacles are present when site installation begins, it is the Owner/General Contractor responsibility to properly mark them and verbally notify PRC before installation. 6. If weather becomes an issue for safety or site installation delays due to weather, Owner/General Contractor or PRC with General Contractor’s confirmation may call-off set. If building set is stopped, relocation of the building modules to an onsite or offsite location may incur additional costs to Owner/General Contractor. Packet Page. 1852 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 3 of 19 Installation Notice and Site Availability: PRC will provide sufficient notice of delivery of the prefabricated building. The Owner/General Contractor shall make the site available during the delivery period. During the delivery period, on an improved site, Owner should stop site watering several days before delivery to minimize the impact on the soils for the heavy equipment needed for installation. Caution: If site is not ready for our field crew to perform their installation and if no notice of delay in readiness from Owner/General Contractor is received, PRC will provide a change order for re- mobilization daily until the site is ready for us. Ready means that the site pad is completed, the corner required survey stakes are in place, the slab elevation stakes are in place, the location of the front of the building is confirmed on site, and access to the site is available from an improved roadway. Owner/General Contractor shall sign the change order before PRC will continue delivery. Public Restroom Company will turnkey set the buildings including the hook up of utilities inside the building (only) when they are available. PRC will use its own factory trained staff for the installation. Utility Connections: 1. PRC to complete all internal building plumbing connections and connections from the electrical panel to building’s fixtures. The Owner/ Contractor is responsible for making the final plumbing connections at the POC location approximately 4’-6’ outside of the building footprint. 2. The Owner/Contractor is responsible for pulling the wire and completing the final tie-in to the electrical panel from the POC location approximately 4’-6’ outside of the building footprint. 3. The Owner/Contractor is responsible for commissioning the building once final utility connections are made. This includes flushing & testing all water service lines before final startup. Special Conditions, Permits, and Inspection Fees: Follow any published specifications governing local building procedures for applicable building permit fees, health department fees, all inspection fees, site concrete testing fees, and compaction tests, if required by Owner. PRC is responsible for all required State inspections and final State insignia certification of the building, if applicable. Jurisdiction for Off-site Work: Jurisdiction, for permitting and inspection of this building shall be either the State agency who manages prefabricated building compliance in the state or the local CBO (when the State does not provide certification.) If the responsibility for building inspection is the local CBO, PRC will provide a certified plan set, calculations, and a factory inspection report from an approved third party for all closed work the local official cannot see. PUBLIC RESTROOM COMPANY SCOPE OF WORK: Our In Plant/Off-Site Construction Scheduling System: Packet Page. 1853 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 4 of 19 PRC has several off-site manufacturing centers in the United States, strategically located, with the proper equipment and trained staff to fabricate our custom buildings to our high-quality fit and finish standards. PRC manages quality control in our off-site production facility to comply with the approved drawings and provides an inspection certification and photos as required. When PRC proprietary designed and fabricated material are part of the project, PRC supplies the manufacturing centers with these proprietary components. The in-plant construction process is then scheduled to coordinate with your delivery date through our operations division field staff. Special Payment and Progress Billing Terms: Invoicing shall commence on or up to the end of the month following execution of the order and/or acceptance of the proposal or contract. The initial invoice shall be issued upon commencement of design and engineering activities, including architectural plan development. Upon commencement of fabrication, progress invoices shall be issued monthly based on factory percentage of completion, supported by factory inspections and photographic documentation. 1. Payment Terms All invoices issued by Public Restroom Company are due Net Thirty (30) calendar days from the invoice date unless otherwise expressly agreed to in writing. 2. Condition Precedent to Production and Delivery PRC’s obligation to continue fabrication, release materials, schedule delivery, or deliver the modular building is expressly conditioned upon timely payment of all undisputed invoices in accordance with the agreed payment terms. 3. Production Suspension for Non-Payment In the event any undisputed invoice remains unpaid beyond the Net 30 payment term, PRC reserves the right, upon written notice, to suspend production, fabrication, procurement, and scheduling activities until payment is brought current. Any suspension caused by late payment shall result in a corresponding extension of schedule, and PRC shall not be responsible for delays or impacts arising from such suspension. 4. Delivery Contingent Upon Payment PRC shall not be required to release the modular building for shipment until all invoices related to fabrication, materials, engineering, and manufacturing have been paid in full. Invoices associated solely with on-site installation services may remain outstanding until such services are performed. 5. Costs of Suspension and Restart Any costs incurred by PRC because of payment-related suspension, demobilization, remobilization, storage, or rescheduling shall be the responsibility of the Owner/General Contractor and may be invoiced accordingly. 6. No Waiver Acceptance of late or partial payment shall not constitute a waiver of PRC’s right to enforce these payment terms on current or future invoices. PRC reserves the right to require payment assurances, including advance payment or modified billing terms, if payment performance becomes unsatisfactory. Packet Page. 1854 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 5 of 19 Specification Confirmation and Change Policy: The Public Restroom Company’s pricing and schedule are based on the specifications, drawings, and performance criteria reviewed and approved at the time of contract execution. Once final specifications are confirmed and approved by the Owner or General Contractor, they are considered frozen for fabrication and procurement purposes. Any modification to materials, finishes, fixtures, equipment, or performance standards requested after contract execution including revisions to approved submittals, specification sections, or performance requirements shall constitute a Change in Scope. Such changes will require a written Change Order and may result in adjustments to contract price, lead time, and delivery schedule. The Public Restroom Company will not proceed with any change to approved specifications without written authorization from the contracting agency. Any delay in providing written authorization shall extend the delivery schedule accordingly. Revisions to City/Owner Specifications Post-Contract: If, after award, the Owner or its representatives issue revised specification sections, alternates, or addenda that alter PRC’s approved design, the cost of compliance shall be borne by the Owner through an approved Change Order. PRC shall have no obligation to incorporate such revisions unless mutually agreed in writing. Delivery and Installation: Site Inspection: Our highly trained field crew, upon site arrival, will verify the required dimensions of the building pad and the corner locations/elevation. PRC will also verify the delivery path from an accessible road or street and install the underground utilities to the point of connection nominally 4’-6’ from the exterior of the building. Installation of Utilities under the Prefabricated Building: Off-site, PRC fabricates underground utilities (water, and DWV piping and fittings) preassembled plumbing and electrical tree. Our site staff will set the underground tree into code depth excavated trenches, and our staff will install the coarse concrete sand to bed the piping per our submitted drawing. PRC provides all the building’s under slab piping including the driven electrical ground rod. The Owner/General Contractor brings utility services to between 4’-6’ outside of the building footprint and are responsible for final connections at that point. Connection of Utilities Post Building Placement: After placement of the building on the pad by PRC, our field staff will tie in the water and sewer connection “inside” the building only and terminate at a point of connection (POC) outside the building clearly marked for each utility service. The Owner/General Contractor is responsible for final utility point of service connections at the nominal 4’-6’ from building locations. Packet Page. 1855 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 6 of 19 Electrical: PRC provides the electrical conduit to the POC 4’-6’ from the building. The Owner/General Contractor pulls the wire and ties it off on the electrical panel. Plumbing: PRC provides the POC between 4’- 6’ from the building footprint and the Owner/General Contractor connects the water to our stub out location. Sewer: Some sites depending on the local jurisdiction will require an outside house trap which Owner/General Contractor shall install if needed. PRC will provide you with a sewer point of connection including a clean out to which Owner/General Contractor will terminate the site sewer service. Testing of Water, Sewer, and Electrical in Plant and Final Site Utility Connection: Before the building leaves the manufacturing center, PRC certifies a pressure water piping test, DWV, and the electrical connections for compliance with code. While the building is fully tested for leaks at the plant before shipment, road vibration may loosen some plumbing slip fittings and require tightening once the building services (water) is completed. Owner/General Contractor is responsible for minor fitting tightening to handle small slip fitting leaks caused by transportation. Time of Completion: Public Restroom Company (“PRC”) anticipates that its scope of work will be completed within approximately ten (10) months (300 calendar days) from execution of the contract, if submittals, regulatory reviews, site readiness, and Owner/Contractor decisions proceed without undue delay. This duration includes engineering coordination, fabrication, inspections, and delivery of the modular building. Any delays caused by changes in scope, delayed submittal reviews, regulatory agency approvals, site conditions, utility readiness, or other factors beyond PRC’s control shall entitle PRC to a corresponding extension of time. Project Schedule: Within fourteen (14) calendar days of execution of the contract, Public Restroom Company (“PRC”) shall provide a detailed project milestone schedule identifying key activities and anticipated durations for review and coordination. The milestone schedule shall be used as a planning and coordination tool and shall be subject to adjustment based on regulatory approvals, site readiness, Owner/Contractor coordination, and other factors beyond PRC’s control. The following exclusions and clarifications are project-specific applications of, and are in addition to, the exclusions set forth in Exhibit B – PRC Standard Exclusions. Nothing herein shall be construed to limit, waive, or modify any exclusion contained in Exhibit B. In the event of any inconsistency, Exhibit B shall govern. Packet Page. 1856 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 7 of 19 Exclusions/Exceptions: 1. Site Access & Delivery Constraints. Access issues for delivery of the building requiring a clear, unobstructed path of travel from an improved roadway to the final installation pad or foundation are excluded from PRC’s scope. Limitations including, but not limited to, trees, inaccessible roadways, overhead power lines within crane swing or lift zones, grade changes limiting trailer clearance (minimum 4"), berms, uneven grades, sidewalks, or other site improvements are not within PRC’s scope. Where buildings cannot be immediately set due to access or site readiness, off- site storage or relocation to a crane yard and subsequent re-delivery shall be by Change Order at prevailing local rates. 2. Weather-Related Delivery Impacts. Weather-related site conditions that prevent safe delivery or installation may require diversion to an off-site location. All associated costs and schedule impacts shall be borne by the Owner/General Contractor and handled by Change Order. Weather risk decisions made by others are not PRC’s responsibility. 3. Sidewalks and Hardscape. Sidewalks, flatwork, or hardscape outside the building footprint are excluded. 4. Trench Plates and Ground Protection. Trench plates, matting, or other protection for soils, sidewalks, utilities, or improvements are by Owner/General Contractor. Any damage to site improvements during installation is the responsibility of Owner/General Contractor. 5. Spoils and Debris Removal. Removal or disposal of soil, sand, spoils, or debris resulting from trenching or site installation is excluded. 6. Survey and Pad Construction. Surveying, layout, building corner verification, finish floor elevation, excavation, and construction of subgrade building pads or footings (if required) per PRC plans are excluded. 7. Soils and Bearing Capacity. Soils not capable of supporting a minimum bearing capacity of 1,500 PSF at 90% maximum dry density must be corrected by Owner/General Contractor prior to placement. In the absence of a geotechnical report, Owner/General Contractor shall verify soil capacity or provide an engineered foundation system. 8. Water Pressure & Flow Conditions. Improper water pressure (not within 45-60 PSI), undersized meters, or insufficient flow requiring internal diaphragm tanks or pressure regulation shall be handled by Change Order. Water service chlorination post-installation is by Owner/General Contractor. 9. Crane Radius Assumptions. Crane pricing is based on a maximum 35-foot radius measured from crane center pin to the furthest module roof center point. Increased radius requiring larger equipment shall be by Change Order. 10. Permits, Bonds, and Inspections. Bonds, building permits, site surveys, special inspections, final utility connections, and minor Packet Page. 1857 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 8 of 19 debris removal are excluded and by Owner/General Contractor. Plumbing leaks occurring due to unavailable site water at installation are excluded. 11. Traffic Control. Site traffic control, flagging, or roadway coordination is excluded. 12. Work by Others. Any equipment installation, site work, testing, or inspections not expressly included in PRC’s proposal are excluded. 13. Backflow Certification. Backflow testing and certification, if required, are excluded. 14. Fire Suppression Systems. Fire suppression systems of any type are excluded. 15. Electrical Utility Equipment. Transformers, disconnects, service equipment, and utility-side electrical infrastructure are excluded. 16. Vapor Barriers and Insulation. Under-slab vapor barriers and insulation, if required, are by Owner/General Contractor. 17. Gutters and Downspouts. Gutters and downspouts, if required, are excluded unless expressly included. 18. Christy Boxes and Below-Grade Enclosures. Christy boxes, pull boxes, and below-grade electrical or plumbing enclosures are excluded. PRC utility connections terminate at points of connection within six (6) feet of the building, above finished grade, per approved shop drawings. 19. Licensed Plumber Requirements. If a jurisdiction requires a licensed plumber to perform any portion of PRC’s scope, such services are excluded. Any licensed plumbing services shall be provided by Owner/General Contractor and added only by written, mutually executed Change Order. Standard Scope Inclusions & Exclusions This proposal is expressly conditioned upon and incorporates by reference the following exhibits, which are attached hereto and made part of this proposal: Exhibit A – PRC Standard Inclusions Exhibit B – PRC Standard Exclusions The Standard Inclusions define the work, materials, services, and responsibilities provided by Public Restroom Company (“PRC”). The Standard Bid Exclusions identify work, materials, services, permits, fees, and responsibilities expressly excluded from PRC’s scope unless specifically included in writing within this proposal or an approved change order. In the event of any conflict between this proposal, drawings, specifications, or other contract documents, Exhibits A and B shall govern. Packet Page. 1858 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 9 of 19 Insurance and Prevailing Wage Certification: PRC shall comply with the required insurance requirements, wage reports, and safety requirements for the project, including OSHA regulations. Special Insurance to Protect the Building Before Acceptance: As PRC requires payment for each month of off-site construction, and since the building is not on owner property where their insurance will cover the building, PRC maintains a special policy that insures the property even when paid for off-site until the building is finally accepted by the owner. This special policy protects the Owner’s custom ordered materials to be used in the fabrication of the building during this period. PRC provides insurance to cover the building materials from supplier to manufacturer, while it is being built off-site, while in transit to the job site, during and after it is installed on-site until final acceptance. This special policy has a $1,000,000 coverage limit per modular unit. This exceeds the cost of any single building offered for sale herein. Errors and Omissions Insurance: Our firm utilizes the services of licensed architects, engineers, and drafting professionals to provide design of our buildings. Since these buildings are required to meet accessibility standards and building codes on site, and since PRC is the designer, PRC carries Errors and Omissions Insurance (E & O) to protect our clients from any errors. The policy covers a limit of up to $2,000,000 per occurrence and is more clearly explained in the insurance certificates provided after receipt of a purchase order. WARRANTY: All work performed by PUBLIC RESTROOM COMPANY (called “Company”) shall be warranted to the Owner to be of good quality, free of faults and defects in material, workmanship, and title for 5 years from last date of installation if building is installed by Company or 1 year if building is installed by Owner or Owner’s agent without on-site supervision by Company. Company warranty on building shell including exterior walls, concrete 8” slab/foundation, and roof system is warranted for 20 years structurally. The Company will repair or replace at their sole option any defects in work upon proper notice to the below stated address below. Owner/General Contractor selected parts and materials that are not PRC approved will not be covered under PRC’s 5-year component warranty. These selections will be covered only by any available manufacturer warranty. Our Company extended warranties shall be Company only and shall have no effect on any required Performance, Payment, or Warranty Bonds where Surety shall assume no liability to the Company, the Owner, or any third parties should the Company fail for any reason to deliver acceptable maintenance warranties beyond the one-year period. The warranty extension is solely between the owner and PRC and not the general contractor, bonding company, or architect/engineer of record. This warranty applies only if all work performed by Company has been fully paid for, including change orders if applicable. Company has no responsibility for any neglect, abuse, or improper handling of building product. Packet Page. 1859 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 10 of 19 The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed or implied, including those of merchantability and fitness. There are no warranties which extend beyond those described on the face of this Warranty. The foregoing shall constitute the full liability of the Company and be the sole remedy to the Owner. Term of Offer and Acceptance: This proposal shall remain valid for acceptance for a period of ninety (90) calendar days from the date of issuance, or, if submitted as part of a public bid, for the duration specified in the Owner’s bid documents. Acceptance of this proposal shall occur only upon written authorization to proceed, including approval of PRC’s post-bid preliminary notice to begin drawings, and shall remain subject to final Owner/General Contractor approval of PRC’s submittals and receipt of a fully executed contract or purchase order expressly incorporating this proposal. PRC shall have no obligation to commence work or reserve production capacity until such acceptance conditions have been satisfied. Price Validity: Pricing is valid for twelve (12) months from the date of contract execution. If fabrication does not commence within that period due to delays outside the manufacturer’s control, the contract price shall be adjusted to reflect current labor, material, and freight costs. Special Notice of Possible Project Cost Increases as a Result of Late Payments: In the event of delayed or late payment, PRC shall have the right to remedies including late charges, overall project total cost increases, and other damages as allowed by applicable law. The contract price quoted herein is a discounted price based upon our receipt of progress payments as invoiced on the agreed billing schedule of PRC. In the event of non-payment, PRC will provide a 5 day written notice to cure and if payment is still not received, the payment due may increase, to an undetermined amount, to cover work stoppage, remobilization, cancellation of materials and subsequent restocking charges, resale of the contracted building to another party, storage fees, additional crane fees, travel and per diem costs for field crews, and any other cost applicable to the project, as allowed by law. Interest if applicable to non-payment will be assessed at the maximum amount allowed by law or 18% whichever is greater. Packet Page. 1860 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 11 of 19 Storage Fees: Upon completion of fabrication, Public Restroom Company must receive a confirmed delivery and installation date scheduled to occur within ninety (90) calendar days of the fabrication completion date. If delivery and installation are scheduled to occur more than ninety (90) days after fabrication completion, storage fees shall apply beginning on the ninety-first (91st) day. Storage fees shall be assessed at a rate of Five Hundred Dollars ($500.00) per module per thirty (30) days, prorated daily at Sixteen Dollars and Sixty-Seven Cents ($16.67) per module per day, until delivery occurs. Storage fees shall apply regardless of cause, including but not limited to site readiness, permitting delays, weather, or scheduling constraints beyond PRC’s control. Project Abandonment: If delivery is delayed more than one year after building completion due solely to Owner/Client action or inaction, PRC may, upon written notice, deem the building abandoned unless a mutually acceptable delivery schedule is confirmed. In the event of abandonment, PRC may reallocate or resell the building to mitigate damages. Any resale shall not relieve Owner/Client of financial obligations incurred under the Agreement. Termination: Upon Termination for any reason, Owner/General Contractor shall be liable for the cost of all work performed up to the date of termination. Additionally, Owner/General Contractor shall pay for off-site demolition and disposal of the partially or fully fabricated building as well as any non-returnable materials which were custom ordered to complete fabrication in PRC’s factory location. Any returned materials are subject to return and restocking fees at the Owner/General Contractor expense. Venue for Contract Jurisdiction: Public Restroom Company requires all contracts accepted by our firm to hold that the venue for legal jurisdiction for this contract offer and acceptance shall be Douglas County, Nevada. In the event of your default, PRC shall be entitled to the full amount due including reasonable attorney fees, costs, storage, expenses of physical recovery, and statutory interest, as allowed by law. Packet Page. 1861 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 12 of 19 Optional Building Installation Steps – By Others: If a Community Workforce Agreement or other labor regulation requires the use of local labor for site work, our trained installation staff will not be able to complete the installation work on site. In these cases, Public Restroom Company shall provide one staff member for supervision of installation work being performed by others for warranty to be valid. Below is a general guide for the installation and may not constitute a full installation process depending on the unique features of the site, building, and utilities needed. 1. Underground Utility Prep: *Reminder - 8” slab arrives with the building* a. Owner/ General Contractor to stringline outside of building slab and mark the utility drop locations per the plumbing drop plan provided with submittal drawings. b. Owner/ General Contractor to trench utility lines to meet the drop locations. c. Owner/ General Contractor to assemble the underground sewer piping, electrical conduit, and install underground water line. d. Trench and install building utilities. e. Slope the sewer to code (minimum 2%). f. Shade pipes with sand while waiting for the underground inspection. g. Pass local building underground inspection. h. Backfill with course mason sand around all the plumbing risers. i. Pad should be laser level 8” below the finish floor elevation. Place course mason sand and screed sand flush using 2x4’s. 2. Building Off-Load and Set: a. Remove plastic shrink wrap. b. Remove steel tie-down plates from building slab and install provided pick plates. c. Remove the electrical conduit from the main panel, clear all block out grates. d. Hook up the rigging and install protection from rigging at the fascia. e. Pick the building slowly, lift the building up 1 inch off the trailer to make sure building is secure. Check the level of the building and adjust with shackles. f. Set the building on the sub-grade at marked location. g. Repeat for any additional building modules. 3. Final Install Steps: a. Make sure the building is level and aligned properly (block joints, cap beam, concrete slab, plumbing, fascia, ridge, etc.) b. Dry in the roof including caulking joints at the fascia. c. Connect all interior plumbing, including clean outs before the exterior sewer POC. d. Connect the 2” electrical conduit to the main panel in the chase, install 10’ ground and connect it to the Ufer ground that is located under the panel. e. Touch up paint, as needed. f. Sweep out all the rooms, wipe all fixtures and doors, etc. g. Install backer rod where the building modules join. h. Install self-leveling caulking on the floor slab joints where the building modules meet Packet Page. 1862 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 13 of 19 No modifications to this offer shall be authorized unless confirmed in writing by the President of Public Restroom Company. Offered by: Public Restroom Company by _________________________________ Charles E. Kaufman IV, President This proposal constitutes a conditional acceptance of the preliminary purchase order for the building, subject to the review and acceptance of the submittals furnished by Public Restroom Company. Upon written acceptance of the preliminary submittals, this proposal, together with the accepted submittals, shall constitute the final and binding purchase agreement between the parties. At the Owner’s or General Contractor’s discretion, a final purchase order or formal contract may be substituted, provided such document expressly incorporates this proposal and its terms without modification. Accepted by: _______________________________ _______________________________ Authorized Signature Date Signed _______________________________ _______________________________ Printed Name Legal Entity Name and Address Packet Page. 1863 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 14 of 19 Exhibit A – PRC Standard Inclusions The following inclusions define the standard scope provided by Public Restroom Company (“PRC”) for factory-built modular restroom and concession buildings. These inclusions apply unless otherwise modified in PRC’s written proposal. 1. MODULAR BUILDING FABRICATION (FACTORY SCOPE) PRC includes the full off-site fabrication of the modular building(s), including: 1.1 Structural building shell, roof system, wall assemblies, and floor system 1.2 Interior finishes, partitions, doors, frames, and hardware 1.3 Factory-installed plumbing, electrical, mechanical, and ventilation systems 1.4 Factory installation of all PRC-supplied fixtures and restroom accessories 1.5 Factory-applied coatings, sealants, water barriers, and graffiti-resistant finishes per PRC standards 1.6 Quality control inspections required by state modular programs 1.7 Modular insignia and state approval labeling (HCD or equivalent) 2. SUBMITTALS & DOCUMENTATION PRC includes preparation and submission of: 2.1 Modular building shop drawings and factory plans required for modular approval 2.2 Standard product data sheets, fixture cut sheets, and finish schedules 2.3 Color selection sheets (PRC standard colors unless otherwise stated) 2.4 Warranty documentation for PRC-provided materials and equipment 2.5 As-built modular drawings upon completion of fabrication (only if required) PRC’s submittals apply only to factory-built components. 3. MEP SYSTEMS (FACTORY INSTALLATION) PRC includes: 3.1 Complete factory plumbing installation within building footprint 3.2 Electrical wiring, panels, breakers, devices, and exterior/interior lighting 3.3 HVAC equipment or ventilation systems as specified and installed in factory 3.4 Water heater, mixing valves, flush valves, and other PRC-supplied fixtures 3.5 Conduit stub-outs at designated exit points for site connection 3.6 Factory pressure testing and system quality checks 4. BUILDING DELIVERY PRC includes: 4.1 Transportation of modular building from factory to project site 4.2 Standard delivery scheduling and coordination 4.3 On-truck inspection prior to offloading 4.4 Escort or oversize permitting within PRC’s typical operating region Special transportation requirements may be handled by change order. Packet Page. 1864 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 15 of 19 5. BUILDING SET & INSTALLATION (LIMITED SCOPE) PRC includes limited on-site services necessary to set the modular unit(s): 5.1 On-site PRC supervisor or set crew to guide building placement 5.2 Bolting/anchoring the building to the GC-provided foundation or pad 5.3 Connection of factory building systems to GC-provided utility stub-outs within 4-6 feet of building perimeter 5.4 On-site finish touch-ups immediately surrounding crane-set activities 5.5 Leveling, alignment, and final adjustment of building sections (if applicable) Crane and rigging services are included only if specifically stated in the proposal. 6. CLEANING & CLOSEOUT PRC includes: 6.1 Factory-quality interior and exterior cleaning prior to shipment 6.2 Basic on-site cleaning after installation directly related to PRC work 6.3 Delivery of O&M manuals for PRC-installed equipment 6.4 Punchlist completion for PRC scope only 7. WARRANTY PRC includes: 7.1 PRC standard limited warranty for modular building structure and components 7.2 Manufacturer warranties for PRC-supplied fixtures and equipment 7.3 Warranty start date consistent with substantial completion of PRC’s scope or delivery/set, as contractually defined Warranty does not cover damages caused by others, vandalism, misuse, or site utility issues. 8. PROJECT SUPPORT & COORDINATION PRC includes: 8.1 Participation in virtual coordination meetings as needed 8.2 Reasonable clarifications to the design team regarding PRC scope 8.3 Attendance at on-site set day activities 8.4 Coordination with GC on foundation, utilities, and delivery readiness (informational) 9. CODE & REGULATORY COMPLIANCE (FACTORY SCOPE) PRC includes: 9.1 Compliance with state modular building code (e.g., HCD in California) 9.2 Factory inspections required by the modular program 9.3 ADA compliance within the modular building (PRC-provided components) 9.4 Compliance with health department requirements only if specified and included in proposal Packet Page. 1865 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 16 of 19 Exhibit B – PRC Standard Exclusions The following exclusions apply to Public Restroom Company's (PRC) bid proposal unless specifically included in writing. These exclusions ensure clarity of scope and align responsibilities consistent with modular manufacturing practices and state modular building regulations. 1. SITE WORK & CIVIL EXCLUSIONS PRC’s bid excludes all site-related work, including but not limited to: 1.1 Excavation, grading, trenching, shoring, dewatering, or compaction 1.2 Concrete foundations, slabs, piers, pedestals, anchor bolts, reinforcing steel 1.3 Utility trenching, conduits, underground piping, or utility relocations 1.4 Backfill, base rock, soil stabilization, or remediation 1.5 Asphalt paving, sidewalks, hardscape, curb & gutter, or landscaping 1.6 Erosion control, dust control, and SWPPP implementation 1.7 Site access improvements, temporary roads, mats, or surface protection 2. UTILITIES & SITE CONNECTIONS PRC excludes: 2.1 Installation, modification, or extension of sewer, water, electrical, gas, storm drain, or communication utilities beyond 5 feet of the building connection point 2.2 Utility verification, investigation, video inspection, or leak testing 2.3 Procurement or payment of plumbing, mechanical, or electrical permits (unless specifically included) 2.4 Cathodic protection or grounding grid systems outside PRC’s building footprint 3. ENVIRONMENTAL, HEALTH & SAFETY REQUIREMENTS PRC excludes: 3.1 Environmental monitoring, biological monitoring, or cultural resource survey 3.2 Hazmat testing, abatement, removal, or soil remediation 3.3 Archaeological watching services or Native American monitoring 3.4 Noise, vibration, air quality, or geotechnical testing 3.5 Spill prevention planning (SPCC), stormwater reports, or environmental compliance documentation 4. TESTING, COMMISSIONING & FIELD SERVICES PRC excludes: 4.1 Testing, Adjusting, and Balancing (TAB) 4.2 Commissioning, functional performance testing, or third-party certifications 4.3 Building automation system integration, controls programming, or networking 4.4 On-site start-up of HVAC, electrical, lighting controls, or plumbing systems beyond factory testing 4.5 Pressure testing of site-installed utilities 4.6 Owner training, maintenance videos, or extended O&M services Packet Page. 1866 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 17 of 19 5. SPECIAL INSPECTIONS, PERMITS & FEES PRC excludes: 5.1 Local building permits for on-site work. 5.2 Plan check fees, impact fees, utility connection fees, school fees, traffic fees 5.3 Special inspections outside the factory approval process (e.g., concrete, masonry, welding, soils) 6. GENERAL CONDITIONS & JOBSITE RESPONSIBILITIES PRC excludes: 6.1 On-site project management, superintendent, or daily attendance 6.2 Temporary power, water, toilets, fencing, lighting, storage, staging, security, and waste disposal 6.3 Jobsite safety enforcement or OSHA compliance for work by others 6.4 Scheduling of other subcontractors or coordination of site trades 6.5 Protection of building before the site is ready for delivery and set 6.6 Traffic control, flagging, or road closure permits 7. MATERIAL & FIXTURE EXCLUSIONS PRC excludes: 7.1 Owner-furnished or GC-furnished items not listed in PRC’s proposal 7.2 Substituted products or alternates not pre-approved 7.3 Additional coatings, graffiti systems, or finishes beyond PRC standard 7.4 Any changes to fixtures or accessories after contract execution without a written change order 8. DESIGN, ENGINEERING & DOCUMENTATION PRC excludes: 8.1 Civil, structural (for site structures), mechanical, electrical, or landscape engineering of site-built work 8.2 Architectural design beyond factory modular drawings 8.3 3D modeling, BIM coordination, or clash detection 8.4 Foundation design, grading plans, or drainage studies 8.5 Submittals related to non-PRC scope (site utilities, foundations, etc.) 9. DELIVERY & INSTALLATION LIMITATIONS PRC excludes: 9.1 Crane, rigging, and hoisting unless specifically noted in the proposal 9.2 Transportation permits outside PRC’s standard delivery 9.3 Offloading delays caused by site readiness, weather, or access restrictions 9.4 Storage or laydown area preparation 9.5 Set crew standby charges unless explicitly included Packet Page. 1867 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 18 of 19 10. WARRANTY & POST-INSTALLATION SERVICES PRC excludes: 10.1 Warranty extensions or owner-specified warranty formats 10.2 On-site warranty repair trips caused by site utility issues, vandalism, misuse, or environmental exposure 10.3 Consumables such as lamps, filters, batteries, soap, or paper goods 11. REGULATORY & CODE COMPLIANCE LIMITATIONS PRC excludes: 11.1 Local jurisdiction plan review of site-built components 11.2 Adult Changing Station provisions unless explicitly included 11.3 Permitting or inspection of work outside PRC’s building footprint 11.4 Local licensed plumber or electrician unless specifically contracted 11.5 Christy boxes, junction boxes, pull boxes, meter pedestals, or site-based electrical gear 12. CHANGE MANAGEMENT All changes to the specifications, drawings, or materials requested after contract execution shall be handled through a written, approved Change Order and may affect cost and schedule. Packet Page. 1868 La Plaza Park – San Bernardino, CA| 04/23/2026| Reference # 13271-4/21/2026-5 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 19 of 19 Exhibit C – Preliminary Drawing & Project Specifications Packet Page. 1869 FLOOR PLAN SCALE: NOT TO SCALE THIS CONCEPTUAL/ PRELIMINARY DESIGN AND THE 3D RENDERING IS AN ARTISTIC INTERPRETATION OF THE DESIGN. IT IS NOT MEANT TO BE AN EXACT RENDITION OF THE FINISH PRODUCT. SOME ITEMS MAY NOT BE STANDARD AND/OR SUBJECT TO CHANGE DURING PROJECT DEVELOPMENT PROJECT REF#: 13271-5/14/2026-6 COPYRIGHT 2026, PUBLIC RESTROOM COMPANY THIS MATERIAL IS THE EXCLUSIVE PROPERTY OF PUBLIC RESTROOM COMPANY AND SHALL NOT BE REPRODUCED, USED OR DISCLOSED TO OTHERS EXCEPT AS AUTHORIZED BY THE WRITTEN PERMISSION OF PUBLIC RESTROOM COMPANY. SAN BERNARDINO (CITY), CALIFORNIAPARK RESTROOM/ STORAGE BUILDING 2587 BUSINESS PARKWAY MINDEN NEVADA 89423 P: 888-888-2060 F: 888-888-1448 www.PublicRestroomCompany.com La PLAZA Packet Page. 1870 22 ' - 0 " ( R O O F O V E R A L L ) 1' - 0 " ELEC. PANEL DRINKING FOUNTAIN W/ BOTTLE FILLER BC 7' - 4 " 5' - 4 " 7' - 4 " UTILITY CHASE BC 10'-8" (ROOF OVERALL) 8'-8" (BUILDING)1'-0"1'-0" 9'-2" (SLAB OVERALL) 20 ' - 0 " 1' - 0 " FRONT PLAY AREA ACC/ RR#2 ACC/ RR#1 10'-8" (ROOF OVERALL) 8'-8" (BUILDING)1'-0"1'-0" FLOOR PLAN SCALE: 3/16"=1'0" 4 A-1 3 1 2 MAX. PERSON / HOUR:PROJECT #: REVISION # 13271 135 SHEET# START 1/29/2026DATE: DRAWN BY:EOR REVISION DATE:6 DRAWN BY: C O P Y R I G H T 2 0 2 6 P U B L I C R E S T R O O M C O M P A N Y T H I S M AT E R I A L IS T H E EX C L USIV E P R O P E R T Y O F P U B L I C R E S T R O O M C O M P A N Y A N D SHAL L N O T BE RE P R O D U C ED, U S E D , O R D I S C L O S E D T O O T H E R S E X C E P T A S AUTHORIZED BY T HE WRITT EN P E R M I S S I O N O F P U B L I C R E S T R O O M C O M P A N Y . ~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE PROJECT: BUILDING TYPE: S PROJECT REF#: 113271-5/14/2026-6 RESTROOM/ STORAGE BUILDING LA PLAZA PARK SAN BERNARDINO (CITY), CA THIS CONCEPTUAL/ PRELIMINARY DESIGN AND THE 3D RENDERING IS AN ARTISTIC INTERPRETATION OF THE DESIGN. IT IS NOT MEANT TO BE AN EXACT RENDITION OF THE FINISH PRODUCT. SOME ITEMS MAY NOT BE STANDARD AND / OR SUBJECT TO CHANGE DURING PROJECT DEVELOPMENT 5/14/2026 EOR Packet Page. 1871 FINISH FLOOR 0'-0" T.O. CMU 7'-4" 5 12 13 ' - 4 " DRINKING FOUNTAIN W/ BOTTLE FILLER DECRA TILES WALL TILES CMU- PRECISION RESTROOM ALL GENDER STATIONCHANGING RESTROOM ALL GENDER STATIONCHANGING FINISH FLOOR 0'-0" T.O. CMU 7'-4" 13 ' - 4 " DECRA TILES CMU- PRECISION ELEVATION 1 SCALE: 3/16"=1'-0" ELEVATION 2 SCALE: 3/16"=1'-0" A-2 MAX. PERSON / HOUR:PROJECT #: REVISION # 13271 135 SHEET# START 1/29/2026DATE: DRAWN BY:EOR REVISION DATE:6 DRAWN BY: C O P Y R I G H T 2 0 2 6 P U B L I C R E S T R O O M C O M P A N Y T H I S M AT E R I A L IS T H E EX C L USIV E P R O P E R T Y O F P U B L I C R E S T R O O M C O M P A N Y A N D SHAL L N O T BE RE P R O D U C ED, U S E D , O R D I S C L O S E D T O O T H E R S E X C E P T A S AUTHORIZED BY T HE WRITT EN P E R M I S S I O N O F P U B L I C R E S T R O O M C O M P A N Y . ~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE PROJECT: BUILDING TYPE: S PROJECT REF#: 113271-5/14/2026-6 RESTROOM/ STORAGE BUILDING LA PLAZA PARK SAN BERNARDINO (CITY), CA THIS CONCEPTUAL/ PRELIMINARY DESIGN AND THE 3D RENDERING IS AN ARTISTIC INTERPRETATION OF THE DESIGN. IT IS NOT MEANT TO BE AN EXACT RENDITION OF THE FINISH PRODUCT. SOME ITEMS MAY NOT BE STANDARD AND / OR SUBJECT TO CHANGE DURING PROJECT DEVELOPMENT 5/14/2026 EOR Packet Page. 1872 FINISH FLOOR 0'-0" T.O. CMU 7'-4" 5 12 DECRA TILES 13 ' - 4 " FINISH FLOOR 0'-0" T.O. CMU 7'-4" 13 ' - 4 " DECRA TILES CMU- PRECISION ELEVATION 3 SCALE: 3/16"=1'-0" ELEVATION 4 SCALE: 3/16"=1'-0" A-3 MAX. PERSON / HOUR:PROJECT #: REVISION # 13271 135 SHEET# START 1/29/2026DATE: DRAWN BY:EOR REVISION DATE:6 DRAWN BY: C O P Y R I G H T 2 0 2 6 P U B L I C R E S T R O O M C O M P A N Y T H I S M AT E R I A L IS T H E EX C L USIV E P R O P E R T Y O F P U B L I C R E S T R O O M C O M P A N Y A N D SHAL L N O T BE RE P R O D U C ED, U S E D , O R D I S C L O S E D T O O T H E R S E X C E P T A S AUTHORIZED BY T HE WRITT EN P E R M I S S I O N O F P U B L I C R E S T R O O M C O M P A N Y . ~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE PROJECT: BUILDING TYPE: S PROJECT REF#: 113271-5/14/2026-6 RESTROOM/ STORAGE BUILDING LA PLAZA PARK SAN BERNARDINO (CITY), CA THIS CONCEPTUAL/ PRELIMINARY DESIGN AND THE 3D RENDERING IS AN ARTISTIC INTERPRETATION OF THE DESIGN. IT IS NOT MEANT TO BE AN EXACT RENDITION OF THE FINISH PRODUCT. SOME ITEMS MAY NOT BE STANDARD AND / OR SUBJECT TO CHANGE DURING PROJECT DEVELOPMENT 5/14/2026 EOR Packet Page. 1873 EXHIBIT B DELIVERY SCHEDULE Delivery of the prefabricated restroom shall occur within 180-200 working days from receipt of Purchase Order. Delivery location: La Plaza Park 685 N Mt Vernon Ave San Bernardino, CA 92411 Offloading onto contractor-prepared subgrade is included. Packet Page. 1874 EXHIBIT C FEE SCHEDULE The total compensation under this Agreement shall not exceed $327,742.00, as detailed in the Supplier’s proposal attached hereto as Exhibit A. Packet Page. 1875 052725-PRM v052824 1 MASTER AGREEMENT #052725 CATEGORY: ZĞƐƚƌŽŽŵĂŶĚ^ŚŽǁĞƌ&ĂĐŝůŝƟĞƐ^ŽůƵƟŽŶƐ SUPPLIER: WƵďůŝĐZĞƐƚƌŽŽŵŽŵƉĂŶǇ This Master Agreement (Agreement) is between Sourcewell, ĂDŝŶŶĞƐŽƚĂƐĞƌǀŝĐĞĐŽŽƉĞƌĂƟǀĞlocated at 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Public Restroom Company, 2587 Business Parkway, Minden, NV 89423 (Supplier). Sourcewell is a ůŽĐĂůŐŽǀĞƌŶŵĞŶƚĂŶĚƐĞƌǀŝĐĞĐŽŽƉĞƌĂƟǀĞĐƌĞĂƚĞĚƵŶĚĞƌƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨ DŝŶŶĞƐŽƚĂ;DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐ^ĞĐƟŽŶϭϮϯ͘ϮϭͿŽīĞƌŝŶŐ a CŽŽƉĞƌĂƟǀĞPurchasing Program to eligible ƉĂƌƟĐŝƉĂƟŶŐŐŽǀĞƌŶŵĞŶƚĞŶƟƟĞƐ. Under this Master Agreement entered with Sourcewell, Supplier will provide /ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ to WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐƚŚƌŽƵŐŚ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing Program. ƌƟĐůĞϭ͗ General Terms dŚĞ'ĞŶĞƌĂůdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϭĐŽŶƚƌŽůƚŚĞŽƉĞƌĂƟŽŶŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůů ĂŶĚ^ƵƉƉůŝĞƌĂŶĚĂƉƉůǇƚŽĂůůƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚďǇ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ͘^ƵďƐĞƋƵĞŶƚ ƌƟĐůĞƐƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚĐŽŶƚƌŽůƚŚĞƌŝŐŚƚƐ ĂŶĚŽďůŝŐĂƟŽŶƐĚŝƌĞĐƚůǇďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ ^ƵƉƉůŝĞƌ;ƌƟĐůĞϮͿ͕ĂŶĚďĞƚǁĞĞŶ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐŶƟƚǇ;ƌƟĐůĞϯͿ͕ƌĞƐƉĞĐƟǀĞůǇ͘dŚĞƐĞƌƟĐůĞϭ 'ĞŶĞƌĂůdĞƌŵƐĐŽŶƚƌŽůŽǀĞƌĂŶǇĐŽŶŇŝĐƟŶŐƚĞƌŵƐ͘tŚĞƌĞƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƐŝůĞŶƚŽŶĂŶǇƐubject, WĂƌƟĐŝƉĂƟŶŐŶƟƚǇĂŶĚ^ƵƉƉůŝĞƌƌĞƚĂŝŶƚŚĞĂďŝůŝƚǇƚŽŶĞŐŽƟĂƚĞŵƵƚƵĂůůǇĂĐĐĞƉƚĂďůĞƚĞƌŵƐ. 1) WƵƌƉŽƐĞ͘ Pursuant to Minnesota law, tŚĞ^ŽƵƌĐĞǁĞůůŽĂƌĚŽĨŝƌĞĐƚŽƌƐŚĂƐĂƵƚŚŽƌŝǌĞĚ ĂŽŽƉĞƌĂƟǀĞ Purchasing Program designed to provide PĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐǁŝƚŚĂĐĐĞƐƐƚŽĐŽŵƉĞƟƟǀĞůǇĂǁĂƌĚĞĚ ĐŽŽƉĞƌĂƟǀĞƉƵƌĐŚĂƐŝŶŐagreements͘dŽĨĂĐŝůŝƚĂƚĞƚŚĞWƌŽŐƌĂŵ͕^ŽƵƌĐĞǁĞůůhas awarded Supplier this ĐŽŽƉĞƌĂƟǀĞƉƵƌĐŚĂƐŝŶŐDĂƐƚĞƌŐƌĞĞŵĞŶƚĨŽůůŽǁŝŶŐĂĐŽŵƉĞƟƟǀĞƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐŝŶƚĞŶĚĞĚƚŽ ŵĞĞƚĐŽŵƉůŝĂŶĐĞƐƚĂŶĚĂƌĚƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚDŝŶŶĞƐŽƚĂůĂǁĂŶĚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐĐŽŶƚĂŝŶĞĚ herein. 2) /ŶƚĞŶƚ͘ dŚĞŝŶƚĞŶƚŽĨƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƚŽĚĞĮŶĞƚŚĞƌŽůĞƐŽĨ^ŽƵƌĐĞǁĞůů͕^ƵƉƉůŝĞƌ͕ĂŶĚ WĂƌƟĐŝƉĂƟŶŐŶƟƚǇĂƐŝƚƌĞůĂƚĞƐƚŽ^ŽƵƌĐĞǁĞůů͛ƐŽŽƉĞƌĂƟǀĞWƵƌĐŚĂƐŝŶŐWƌŽŐƌĂŵ͘ 3) WĂƌƟĐŝƉĂƟŶŐŶƟƚǇĐĐĞƐƐ͘ ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing Program Master Agreements are ĂǀĂŝůĂďůĞƚŽĞůŝŐŝďůĞƉƵďůŝĐĂŐĞŶĐŝĞƐ;WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐͿ. WĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͛ƐĂƵƚŚŽƌŝƚǇƚŽĂĐĐĞƐƐ ^ŽƵƌĐĞǁĞůů͛ƐCŽŽƉĞƌĂƟǀĞPurchasing PƌŽŐƌĂŵŝƐĚĞƚĞƌŵŝŶĞĚƚŚƌŽƵŐŚƚŚĞůĂǁƐŽĨŝƚƐƌĞƐƉĞĐƟǀĞ ũƵƌŝƐĚŝĐƟŽŶ͘ 4) ^ƵƉƉůŝĞƌĐĐĞƐƐ͘ dŚĞ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐŽīĞƌĞĚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŵĂǇďĞŵĂĚĞĂǀĂŝůĂďůĞƚŽĂŶǇ WĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͘^ƵƉƉůŝĞƌƵŶĚĞƌƐƚĂŶĚƐƚŚĂƚĂWĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͛ƐƵƐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĂƚƚŚĞ WĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͛ƐƐŽůĞĐŽŶǀĞŶŝĞŶĐĞ͘^ƵƉƉůŝĞƌǁŝůůĞĚƵĐĂƚĞŝƚƐƐĂůĞƐĂŶĚƐĞƌǀŝĐĞĨŽƌĐĞƐĂďŽƵƚ ^ŽƵƌĐĞǁĞůůĞůŝŐŝďŝůŝƚǇƌĞƋƵŝƌĞŵĞŶƚƐĂŶĚƌĞƋƵŝƌĞĚĚŽĐƵŵĞŶƚĂƟŽŶ͘^ƵƉƉůŝĞƌǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ ĞŶƐƵƌŝŶŐƐĂůĞƐĂƌĞǁŝƚŚWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ. Packet Page. 1876 052725-PRM v052824 2 5) dĞƌŵ͘ dŚŝƐŐƌĞĞŵĞŶƚŝƐĞīĞĐƟǀĞƵƉŽŶƚŚĞĚĂƚĞŽĨƚŚĞĮŶĂůƐŝŐŶĂƚƵƌĞďĞůŽǁ͘dŚĞƚĞƌŵŽĨƚŚŝƐ ŐƌĞĞŵĞŶƚŝƐĨŽƵƌ;ϰͿǇĞĂƌƐĨƌŽŵƚŚĞĞīĞĐƟǀĞĚĂƚĞ͘dŚĞŐƌĞĞŵĞŶƚĞǆƉŝƌĞƐĂƚϭϭ͗ϱϵW͘D͘ĞŶƚƌĂů Time on July 10, 2029͕ƵŶůĞƐƐŝƚŝƐĐĂŶĐĞůůĞĚŽƌĞǆƚĞŶĚĞĚĂƐĚĞĮŶĞĚŝŶƚŚŝƐŐƌĞĞŵĞŶƚ͘ a) ǆƚĞŶƐŝŽŶƐ͘ Sourcewell and Supplier may agree to up to three (3) ĂĚĚŝƟŽŶĂůŽŶĞ-year extensions ďĞǇŽŶĚƚŚĞŽƌŝŐŝŶĂůĨŽƵƌ-ǇĞĂƌƚĞƌŵ͘dŚĞƚŽƚĂůƉŽƐƐŝďůĞůĞŶŐƚŚŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝůůďĞƐĞǀĞŶ(7) ǇĞĂƌƐĨƌŽŵƚŚĞĞīĞĐƟǀĞĚĂƚĞ͘ b) ǆĐĞƉƟŽŶĂůŝƌĐƵŵƐƚĂŶĐĞƐ͘ ^ŽƵƌĐĞǁĞůůƌĞƚĂŝŶƐƚŚĞƌŝŐŚƚƚŽĐŽŶƐŝĚĞƌĂĚĚŝƟŽŶĂůĞǆƚĞŶƐŝŽŶƐĂƐ ƌĞƋƵŝƌĞĚƵŶĚĞƌĞǆĐĞƉƟŽŶĂůĐŝƌĐƵŵƐƚĂŶĐĞƐ͘ 6) ^ƵƌǀŝǀĂůŽĨdĞƌŵƐ͘ EŽƚǁŝƚŚƐƚĂŶĚŝŶŐƚŚĞƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕ƚŚĞŽďůŝŐĂƟŽŶƐŽĨƚŚŝƐ ŐƌĞĞŵĞŶƚǁŝůůĐŽŶƟŶƵĞƚŚƌŽƵŐŚƚŚĞƉĞƌĨŽƌŵĂŶĐĞƉĞƌŝŽĚŽĨĂŶǇƚƌĂŶƐĂĐƟŽŶĞŶƚĞƌĞĚbetween ^ƵƉƉůŝĞƌĂŶĚĂŶǇWĂƌƟĐŝƉĂƟŶŐŶƟƚǇďĞĨŽƌĞƚŚĞƚĞƌŵŝŶĂƟŽŶĚĂƚĞ͘ 7) ^ĐŽƉĞ͘^ƵƉƉůŝĞƌŝƐĂǁĂƌĚĞĚĂDĂƐƚĞƌŐƌĞĞŵĞŶƚƚŽƉƌŽǀŝĚĞƚŚĞƐŽůƵƟŽŶƐŝĚĞŶƟĮĞĚŝŶRFP #052725 ƚŽWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ͘/Ŷ^ĐŽƉĞƐŽůƵƟŽŶƐŝŶĐůƵĚĞ͗ZĞƐƚƌŽŽŵĂŶĚ^ŚŽǁĞƌ&ĂĐŝůŝƚǇ^ŽůƵƟŽŶƐ͕ including permanent, portable, trailer-ŵŽƵŶƚĞĚ͕ŽƌƚŽǁĂďůĞ͗ a. Flush, waterless (vault), or compostable toilets and restrooms; b. Showers and changing rooms; c. ŽŵďŝŶĂƟŽŶƌĞƐƚƌŽŽŵ͕ƐŚŽǁĞƌ͕ĐŚĂŶŐŝŶŐƌŽŽŵ͕ĂŶĚĂŶĐŝůůĂƌǇŽƌĂĐĐĞƐƐŽƌǇƵƐĞ ƐƚƌƵĐƚƵƌĞƐŽƌĨĂĐŝůŝƟĞƐ͖ d. ƋƵŝƉŵĞŶƚ͕ƉƌŽĚƵĐƚƐ͕ĂĐĐĞƐƐŽƌŝĞƐ͕ĂŶĚƐƵƉƉůŝĞƐƌĞůĂƚĞĚƚŽƚŚĞƐŽůƵƟŽŶƐĚĞƐĐƌŝďĞĚ ŝŶƐƵďƐĞĐƟŽŶƐϭ͘Ă͘– c. above; and, e. ^ĞƌǀŝĐĞƐƌĞůĂƚĞĚƚŽƚŚĞƐŽůƵƟŽŶƐĚĞƐĐƌŝďĞĚŝŶƐƵďƐĞĐƟŽŶƐϭ͘Ă͘- d. above, including design-ďƵŝůĚƐĞƌǀŝĐĞƐ͕ƐŝƚĞĂƐƐĞƐƐŵĞŶƚ͕ƐŝƚĞƉƌĞƉĂƌĂƟŽŶ͕ĐƵƐƚŽŵŝǌĂƟŽŶ͕ĚĞůŝǀĞƌǇ͕ ĂƐƐĞŵďůǇ͕ŝŶƐƚĂůůĂƟŽŶ͕ŵĂŝŶƚĞŶĂŶĐĞŽƌƌĞƉĂŝƌ͕ĂŶĚǁĂƌƌĂŶƚǇƉƌŽŐƌĂŵƐ͘,ŽǁĞǀĞƌ͕ this soůŝĐŝƚĂƟŽŶƐŚŽƵůĚEKdďĞĐŽŶƐƚƌƵĞĚƚŽŝŶĐůƵĚĞ͞ƐĞƌǀŝĐĞ-ŽŶůǇ͟ƐŽůƵƟŽŶƐ͘ 8) /ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ͘ ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůƚŽƚŚĞĂďŽǀĞƌĞĨĞƌĞŶĐĞĚZ&Wis incorporated into this Master ŐƌĞĞŵĞŶƚ͘KŶůǇƚŚŽƐĞ^ŽůƵƟŽŶƐŝŶĐůƵĚĞĚǁŝƚŚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůĂŶĚǁŝƚŚŝŶ^ĐŽƉĞ;/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐͿĂƌĞŝŶĐůƵĚĞĚǁŝƚŚŝŶƚŚĞŐƌĞĞŵĞŶƚĂŶĚŵĂǇďĞŽīĞƌĞĚƚŽWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ. 9) /ŶĚĞĮŶŝƚĞYƵĂŶƟƚǇ͘ dŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚĚĞĮŶĞƐĂŶŝŶĚĞĮŶŝƚĞƋƵĂŶƟƚǇŽĨƐĂůĞƐƚŽĞůŝŐŝďůĞ WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ. 10) WƌŝĐŝŶŐ͘ WƌŝĐŝŶŐŝŶĨŽƌŵĂƟŽŶ;ŝŶĐůƵĚŝŶŐWƌŝĐŝŶŐĂŶĚĞůŝǀĞƌǇĂŶĚWƌŝĐŝŶŐKīĞƌĞĚtĂďůĞƐͿĨŽƌĂůů/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐǁŝƚŚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůŝƐŝŶĐŽƌƉŽƌĂƚĞĚŝŶƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ͘ 11) EŽƚƚŽǆĐĞĞĚWƌŝĐŝŶŐ͘ Suppliers may not exceed the prices listed in the current Pricing List ŽŶĮůĞ with Sourcewell ǁŚĞŶŽīĞƌŝŶŐ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ͘WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐŵĂǇ ƌĞƋƵĞƐƚĂĚũƵƐƚŵĞŶƚƐƚŽƉƌŝĐŝŶŐĚŝƌĞĐƚůǇĨƌŽŵ ^ƵƉƉůŝĞƌĚƵƌŝŶŐƚŚĞŶĞŐŽƟĂƟŽŶĂŶĚĞǆĞĐƵƟŽŶŽĨĂŶǇ ƚƌĂŶƐĂĐƟŽŶ. 12) KƉĞŶDĂƌŬĞƚ͘ ^ƵƉƉůŝĞƌ͛ƐŽƉĞŶŵĂƌŬĞƚƉƌŝĐŝŶŐprocess is included within its Proposal. ϭϯͿ ^ƵƉƉůŝĞƌZĞƉƌĞƐĞŶƚĂƟŽŶƐ͗ Packet Page. 1877 052725-PRM v052824 3 i) ŽŵƉůŝĂŶĐĞ͘ Supplier represents and warrants it will provide all Included ^ŽůƵƟŽŶƐ ƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚŝŶĨƵůůĐŽŵƉůŝĂŶĐĞǁŝƚŚĂƉƉůŝĐĂďůĞĨĞĚĞƌĂů͕ƐƚĂƚĞ͕ĂŶĚůŽĐĂůůĂǁƐĂŶĚ ƌĞŐƵůĂƟŽŶƐ͘ ii) >ŝĐĞŶƐĞƐ͘ ƐĂƉƉůŝĐĂďůĞ͕^ƵƉƉůŝĞƌǁŝůůŵĂŝŶƚĂŝŶĂǀĂůŝĚƐƚĂƚƵƐŽŶĂůůƌĞƋƵŝƌĞĚĨĞĚĞƌĂů͕ƐƚĂƚĞ͕ ĂŶĚůŽĐĂůůŝĐĞŶƐĞƐ͕ďŽŶĚƐ͕ĂŶĚƉĞƌŵŝƚƐƌĞƋƵŝƌĞĚĨŽƌƚŚĞŽƉĞƌĂƟŽŶŽĨ^ƵƉƉůŝĞƌ͛ƐďƵƐŝŶĞƐƐǁŝƚŚ WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ͘WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐŵĂǇƌĞƋƵĞƐƚĂůůƌĞůĞǀĂŶƚĚŽĐƵŵĞŶƚĂƟŽŶĚŝƌĞĐƚůǇĨƌŽŵ Supplier. iii) ^ƵƉƉůŝĞƌtĂƌƌĂŶƚƐ͘ Supplier warrants that all Included ^ŽůƵƟŽŶƐĨƵƌŶŝƐŚĞĚƵŶĚĞƌƚŚŝƐ ŐƌĞĞŵĞŶƚĂƌĞĨƌĞĞĨƌŽŵůŝĞŶƐĂŶĚĞŶĐƵŵďƌĂŶĐĞƐ͕ĂŶĚĂƌĞĨƌĞĞĨƌŽŵĚĞĨĞĐƚƐŝŶĚĞƐŝŐŶ͕ŵĂƚĞƌŝĂůƐ͕ ĂŶĚǁŽƌŬŵĂŶƐŚŝƉ͘/ŶĂĚĚŝƟŽŶ͕^ƵƉƉůŝĞƌǁĂƌƌĂŶƚƐƚŚĞ^ŽůƵƟŽŶƐĂƌĞƐƵŝƚĂďůĞĨŽƌĂŶĚǁŝůůƉĞƌĨŽƌŵ in accordance with the ordinary uƐĞĨŽƌǁŚŝĐŚƚŚĞǇĂƌĞŝŶƚĞŶĚĞĚ͘ 14) ĂŶŬƌƵƉƚĐǇEŽƟĐĞƐ͘ ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐŝƚŝƐŶŽƚĐƵƌƌĞŶƚůǇŝŶĂďĂŶŬƌƵƉƚĐǇƉƌŽĐĞĞĚŝŶŐ͘ Supplier has disclosed all current and completed bankruptcy proceedings within the past seven years ǁŝƚŚŝŶŝƚƐWƌŽƉŽƐĂů͘^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞŶŽƟĐĞŝŶǁƌŝƟŶŐƚŽ^ŽƵƌĐĞǁĞůůŝĨŝƚĞŶƚĞƌƐĂďĂŶŬƌƵƉƚĐǇ ƉƌŽĐĞĞĚŝŶŐĂƚĂŶǇƟŵĞĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘ 15) ĞďĂƌŵĞŶƚĂŶĚ^ƵƐƉĞŶƐŝŽŶ͘ ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐĂƌĞ ƉƌĞƐĞŶƚůǇĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ƉƌŽƉŽƐĞĚĨŽƌĚĞďĂƌŵĞŶƚ͕ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞ͕ŽƌǀŽůƵŶƚĂƌŝůǇĞǆĐůƵĚĞĚ ĨƌŽŵƉƌŽŐƌĂŵƐŽƉĞƌĂƚĞĚďǇƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͕ƚŚĞhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůŐŽǀĞƌŶŵĞnt, or any WĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͘^ƵƉƉůŝĞƌĐĞƌƟĮĞƐĂŶĚǁĂƌƌĂŶƚƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐŚĂǀĞďĞĞŶ ĐŽŶǀŝĐƚĞĚŽĨĂĐƌŝŵŝŶĂůŽīĞŶƐĞƌĞůĂƚĞĚƚŽƚŚĞƐƵďũĞĐƚŵĂƩĞƌŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĨƵƌƚŚĞƌ warrants that it will pƌŽǀŝĚĞŝŵŵĞĚŝĂƚĞǁƌŝƩĞŶŶŽƟĐĞƚŽ^ŽƵƌĐĞǁĞůůŝĨƚŚŝƐĐĞƌƟĮĐĂƟŽŶĐŚĂŶŐĞƐĂƚ ĂŶǇƟŵĞĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘ 16) WƌŽǀŝƐŝŽŶƐĨŽƌŶŽŶ-hŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĞŶƟƚǇƉƌŽĐƵƌĞŵĞŶƚƐƵŶĚĞƌhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĂǁĂƌĚƐ ŽƌŽƚŚĞƌĂǁĂƌĚƐ;ƉƉĞŶĚŝǆII ƚŽϮ͘&͘ZΑϮϬϬͿ͘ WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐƚŚĂƚƵƐĞhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂů ŐƌĂŶƚŽƌŽƚŚĞƌĨĞĚĞƌĂůĨƵŶĚŝŶŐƚŽƉƵƌĐŚĂƐĞƐŽůƵƟŽŶƐĨƌŽŵƚŚŝƐŐƌĞĞŵĞŶƚŵĂǇďĞƐƵďũĞĐƚƚŽ ĂĚĚŝƟŽŶĂůƌĞƋƵŝƌĞŵĞŶƚƐŝŶĐůƵĚŝŶŐƚŚĞƉƌŽĐƵƌĞŵĞŶƚƐƚĂŶĚĂƌĚƐŽĨƚŚĞhŶŝĨŽƌŵĚŵŝŶŝƐƚƌĂƟǀĞ ZĞƋƵŝƌĞŵĞŶƚƐ͕ŽƐƚWƌŝŶĐŝƉůĞƐĂŶĚƵĚŝƚZĞƋƵŝƌĞŵĞŶƚƐĨŽƌ&ĞĚĞƌĂůǁĂƌĚƐ͕Ϯ͘&͘Z͘ΑϮϬϬ͘ WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐŵĂǇŚĂǀĞĂĚĚŝƟŽŶĂůƌĞƋƵŝƌĞŵĞŶƚƐďĂƐĞĚŽŶƐƉĞĐŝĮĐĨƵŶĚŝŶŐƐŽƵƌĐĞƚĞƌŵƐŽƌ ĐŽŶĚŝƟŽŶƐ͘tŝƚŚŝŶƚŚŝƐ^ĞĐƟŽŶ͕ĂůůƌĞĨĞƌĞŶĐĞƐƚŽ͞ĨĞĚĞƌĂů͟ƐŚŽƵůĚďĞŝŶƚĞƌƉƌĞƚĞĚƚŽŵĞĂŶƚŚĞhŶŝƚĞĚ ^ƚĂƚĞƐĨĞĚĞƌĂůŐŽǀĞƌŶŵĞŶƚ͘dŚĞĨŽůůŽǁŝŶŐůŝƐƚĂƉƉůŝĞƐǁŚĞŶĂWĂƌƟĐŝƉĂƟŶŐŶƟƚǇĂĐĐĞƐƐĞƐ^ƵƉƉůŝĞƌ͛Ɛ Included ^ŽůƵƟŽŶƐǁŝƚŚhŶŝƚĞĚ^ƚĂƚĞƐĨĞĚĞƌĂůĨƵŶĚƐ͘ i) Yh>DW>KzDEdKWWKZdhE/dz͘ ǆĐĞƉƚĂƐŽƚŚĞƌǁŝƐĞƉƌŽǀŝĚĞĚƵŶĚĞƌϰϭ͘&͘Z͘Α 60, all agreements ƚŚĂƚŵĞĞƚƚŚĞĚĞĮŶŝƟŽŶŽĨ͞ĨĞĚĞƌĂůůǇĂƐƐŝƐƚĞĚĐŽŶƐƚƌƵĐƟŽŶĐŽŶƚƌĂĐƚ͟ŝŶϰϭ ͘&͘Z͘ΑϲϬ-ϭ͘ϯŵƵƐƚŝŶĐůƵĚĞƚŚĞĞƋƵĂůŽƉƉŽƌƚƵŶŝƚǇĐůĂƵƐĞƉƌŽǀŝĚĞĚƵŶĚĞƌϰϭ͘&͘Z͘ΑϲϬ-1.4(b), in ĂĐĐŽƌĚĂŶĐĞǁŝƚŚǆĞĐƵƟǀĞKƌĚĞƌϭϭϮϰϲ͕͞ƋƵĂůŵƉůŽǇŵĞŶƚKƉƉŽƌƚƵŶŝƚǇ͟;ϯϬ&ZϭϮ319, 12935, ϯ͘&͘Z͘Α͕ϭϵϲϰ-ϭϵϲϱŽŵƉ͕͘Ɖ͘ϯϯϵͿ͕ĂƐĂŵĞŶĚĞĚďǇǆĞĐƵƟǀĞKƌĚĞƌϭϭϯϳϱ͕͞ŵĞŶĚŝŶŐ ǆĞĐƵƟǀĞKƌĚĞƌϭϭϮϰϲZĞůĂƟŶŐƚŽƋƵĂůŵƉůŽǇŵĞŶƚKƉƉŽƌƚƵŶŝƚǇ͕͟ ĂŶĚŝŵƉůĞŵĞŶƟŶŐ ƌĞŐƵůĂƟŽŶƐĂƚϰϭ͘&͘Z͘ΑϲϬ͕͞KĸĐĞŽĨ&ĞĚĞƌĂůŽŶƚƌĂĐƚŽŵƉůŝĂŶĐĞWƌŽŐƌĂŵƐ͕ƋƵĂů ŵƉůŽǇŵĞŶƚKƉƉŽƌƚƵŶŝƚǇ͕ĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌ͘͟dŚĞĞƋƵĂůŽƉƉŽƌƚƵŶŝƚǇĐůĂƵƐĞŝƐŝŶĐŽƌƉŽƌĂƚĞĚ ŚĞƌĞŝŶďǇƌĞĨĞƌĞŶĐĞ͘ Packet Page. 1878 052725-PRM v052824 4 ii) DAVIS-KEd͕^DE;ϰϬh͘^͘͘Αϯϭϰϭ-ϯϭϰϴͿ͘ tŚĞŶƌĞƋƵŝƌĞĚďǇĨĞĚĞƌĂů ƉƌŽŐƌĂŵůĞŐŝƐůĂƟŽŶ͕ĂůůƉƌŝŵĞĐŽŶƐƚƌƵĐƟŽŶĐŽŶƚƌĂĐƚƐŝŶĞǆĐĞƐƐŽĨΨϮ͕ϬϬϬĂǁĂƌĚĞĚďǇŶŽŶ-ĨĞĚĞƌĂů ĞŶƟƟĞƐŵƵƐƚŝŶĐůƵĚĞĂƉƌŽǀŝƐŝŽŶĨŽƌĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞĂǀŝƐ-ĂĐŽŶĐƚ;ϰϬh͘^͘͘Αϯϭϰϭ- 3144, and 3146-ϯϭϰϴͿĂƐƐƵƉƉůĞŵĞŶƚĞĚďǇĞƉĂƌƚŵĞŶƚŽĨ>ĂďŽƌƌĞŐƵůĂƟŽŶƐ;Ϯϵ͘&͘Z͘Αϱ͕ ͞>ĂďŽƌ^ƚĂŶĚĂƌĚƐWƌŽǀŝƐŝŽŶƐƉƉůŝĐĂďůĞƚŽŽŶƚƌĂĐƚƐŽǀĞƌŝŶŐ&ĞĚĞƌĂůůǇ&ŝŶĂŶĐĞĚĂŶĚƐƐŝƐƚĞĚ ŽŶƐƚƌƵĐƟŽŶ͟Ϳ͘/ŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƐƚĂƚƵƚĞ͕ĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚ ďĞƌĞƋƵŝƌĞĚƚŽƉĂǇǁĂŐĞƐƚŽ ůĂďŽƌĞƌƐĂŶĚŵĞĐŚĂŶŝĐƐĂƚĂƌĂƚĞŶŽƚůĞƐƐƚŚĂŶƚŚĞƉƌĞǀĂŝůŝŶŐǁĂŐĞƐƐƉĞĐŝĮĞĚŝŶĂǁĂŐĞ ĚĞƚĞƌŵŝŶĂƟŽŶŵĂĚĞďǇƚŚĞ^ĞĐƌĞƚĂƌǇŽĨ>ĂďŽƌ͘/ŶĂĚĚŝƟŽŶ͕ĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚďĞƌĞƋƵŝƌĞĚƚŽƉĂǇ wages not less than once a week. 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ƚŚĞŶĂŵĞƐŽĨƉĂƌƟĞƐĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ŽƌŽƚŚĞƌǁŝƐĞĞǆĐůƵĚĞĚďǇĂŐĞŶĐŝĞƐ͕ĂƐǁĞůůĂƐƉĂƌƟĞƐ ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞƵŶĚĞƌƐƚĂƚƵƚŽƌǇŽƌƌĞŐƵůĂƚŽƌǇĂƵƚŚŽƌŝƚǇŽƚŚĞƌƚŚĂŶǆĞĐƵƟǀĞKƌĚĞƌϭϮϱϰϵ͘ ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚŶĞŝƚŚĞƌŝƚŶŽƌŝƚƐƉƌŝŶĐŝƉĂůƐĂƌĞƉƌĞƐĞŶƚůǇĚĞďĂƌƌĞĚ͕ƐƵƐƉĞŶĚĞĚ͕ƉƌŽƉŽƐĞĚ ĨŽƌĚĞďĂƌŵĞŶƚ͕ĚĞĐůĂƌĞĚŝŶĞůŝŐŝďůĞ͕ŽƌǀŽůƵŶƚĂƌŝůǇĞǆĐůƵĚĞĚĨƌŽŵƉĂƌƟĐŝƉĂƟŽŶďǇĂŶǇĨĞĚĞƌĂů department or agency. vii) BYRD ANTI->Kz/E'DEDEd͕^DE;ϯϭh͘^͘͘ΑϭϯϱϮͿ͘ Suppliers must ĮůĞĂŶǇƌĞƋƵŝƌĞĚĐĞƌƟĮĐĂƟŽŶƐ͘^ƵƉƉůŝĞƌƐŵƵƐƚŶŽƚŚĂǀĞƵƐĞĚĨĞĚĞƌĂůĂƉƉƌŽƉƌŝĂƚĞĚĨƵŶĚƐƚŽƉĂǇ ĂŶǇƉĞƌƐŽŶŽƌŽƌŐĂŶŝǌĂƟŽŶĨŽƌŝŶŇƵĞŶĐŝŶŐŽƌĂƩĞŵƉƟŶŐƚŽŝŶŇƵĞŶĐĞĂŶŽĸĐĞƌŽƌĞŵƉůŽǇĞĞŽĨ ĂŶǇĂŐĞŶĐǇ͕ĂŵĞŵďĞƌŽĨŽŶŐƌĞƐƐ͕ŽĸĐĞƌŽƌĞŵƉůŽǇĞĞŽĨŽŶŐƌĞƐƐ͕ŽƌĂŶĞŵƉůŽǇĞĞŽĨĂ ŵĞŵďĞƌŽĨŽŶŐƌĞƐƐŝŶĐŽŶŶĞĐƟŽŶǁŝƚŚŽďƚĂŝŶŝŶŐĂŶǇĨĞĚĞƌĂůĐŽŶƚƌĂĐƚ͕ŐƌĂŶƚ͕ŽƌĂŶǇŽƚŚĞƌ ĂǁĂƌĚĐŽǀĞƌĞĚďǇϯϭh͘^͘͘ΑϭϯϱϮ͘^ƵƉƉůŝĞƌƐŵƵƐƚĚŝƐĐůŽƐĞĂŶǇůŽďďǇŝŶŐǁŝƚŚŶŽŶ-ĨĞĚĞƌĂůĨƵŶĚƐ ƚŚĂƚƚĂŬĞƐƉůĂĐĞŝŶĐŽŶŶĞĐƟŽŶǁŝƚŚŽďƚĂŝŶŝŶŐĂŶǇĨĞĚĞƌĂůĂǁĂƌĚ͘^ƵĐŚĚŝƐĐůŽƐƵƌĞƐĂƌĞĨŽƌǁĂƌĚĞĚ ĨƌŽŵƟĞƌƚŽƟĞƌƵƉƚŽƚŚĞŶŽŶ-ĨĞĚĞƌĂůĂǁĂƌĚ͘^ƵƉƉůŝĞƌƐŵƵƐƚĮůĞĂůůĐĞƌƟĮĐĂƟŽŶƐĂŶĚĚŝƐĐůŽƐƵƌĞƐ ƌĞƋƵŝƌĞĚďǇ͕ĂŶĚŽƚŚĞƌǁŝƐĞĐŽŵƉůǇǁŝƚŚ͕ƚŚĞǇƌĚŶƟ->ŽďďǇŝŶŐŵĞŶĚŵĞŶƚ;ϯϭh͘^͘͘Αϭϯϱ2). viii) ZKZZdEd/KEZYh/ZDEd^͘To the extent applicable, Supplier must comply ǁŝƚŚƚŚĞƌĞĐŽƌĚƌĞƚĞŶƟŽŶƌĞƋƵŝƌĞŵĞŶƚƐĚĞƚĂŝůĞĚŝŶϮ͘&͘Z͘ΑϮϬϬ͘ϯϯϯ͘dŚĞ^ƵƉƉůŝĞƌĨƵƌƚŚĞƌ ĐĞƌƟĮĞƐƚŚĂƚŝƚǁŝůůƌĞƚĂŝŶĂůůƌĞĐŽƌĚƐĂƐƌĞƋƵŝƌĞĚďǇϮ͘&͘Z͘ΑϮϬϬ͘ϯϯϯĨŽƌĂƉĞƌŝŽĚŽĨϯǇĞĂƌƐĂŌĞƌ grantees or ƐƵďŐƌĂŶƚĞĞƐƐƵďŵŝƚĮŶĂůĞǆƉĞŶĚŝƚƵƌĞƌĞƉŽƌƚƐŽƌƋƵĂƌƚĞƌůǇŽƌĂŶŶƵĂůĮŶĂŶĐŝĂů ƌĞƉŽƌƚƐ͕ĂƐĂƉƉůŝĐĂďůĞ͕ĂŶĚĂůůŽƚŚĞƌƉĞŶĚŝŶŐŵĂƩĞƌƐĂƌĞĐůŽƐĞĚ͘ ix) EZ'zWK>/zEKE^Zsd/KEdKDW>/E͘ To the extent applicable, ^ƵƉƉůŝĞƌŵƵƐƚĐŽŵƉůǇǁŝƚŚƚŚĞŵĂŶĚĂƚŽƌǇƐƚĂŶĚĂƌĚƐĂŶĚƉŽůŝĐŝĞƐƌĞůĂƟŶŐƚŽĞŶĞƌŐǇĞĸĐŝĞŶĐǇ ǁŚŝĐŚĂƌĞĐŽŶƚĂŝŶĞĚŝŶƚŚĞƐƚĂƚĞĞŶĞƌŐǇĐŽŶƐĞƌǀĂƟŽŶƉůĂŶŝƐƐƵĞĚŝŶĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞŶĞƌŐǇ WŽůŝĐǇĂŶĚŽŶƐĞƌǀĂƟŽŶĐƚ͘ x) hzDZ/EWZKs/^/KE^KDW>/E͘ To the extent applicable, Supplier must ĐŽŵƉůǇǁŝƚŚĂůůĂƉƉůŝĐĂďůĞƉƌŽǀŝƐŝŽŶƐŽĨƚŚĞƵǇŵĞƌŝĐĂŶĐƚ͘WƵƌĐŚĂƐĞƐŵĂĚĞŝŶĂĐĐŽƌĚĂŶĐĞ ǁŝƚŚƚŚĞƵǇŵĞƌŝĐĂŶĐƚŵƵƐƚĨŽůůŽǁƚŚĞĂƉƉůŝĐĂďůĞƉƌŽĐƵƌĞŵĞŶƚƌƵůĞƐĐĂůůŝŶŐĨŽƌĨƌĞĞĂŶĚ ŽƉĞŶĐŽŵƉĞƟƟŽŶ͘ Packet Page. 1880 052725-PRM v052824 6 xi) ^^dKZKZ^;Ϯ͘&͘Z͘ΑϮϬϬ͘ϯϯϲͿ͘ ^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŚĂƚĚƵůǇĂƵƚŚŽƌŝǌĞĚ ƌĞƉƌĞƐĞŶƚĂƟǀĞƐŽĨĂĨĞĚĞƌĂůĂŐĞŶĐǇŵƵƐƚŚĂǀĞĂĐĐĞƐƐƚŽĂŶǇďŽŽŬƐ͕ĚŽĐƵŵĞŶƚƐ͕ƉĂƉĞƌƐĂŶĚ ƌĞĐŽƌĚƐŽĨ^ƵƉƉůŝĞƌƚŚĂƚĂƌĞĚŝƌĞĐƚůǇƉĞƌƟŶĞŶƚƚŽ^ƵƉƉůŝĞƌ͛ƐĚŝƐĐŚĂƌŐĞŽĨŝƚƐŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐ ŐƌĞĞŵĞŶƚĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂŬŝŶŐĂƵĚŝƚƐ͕ĞǆĂŵŝŶĂƟŽŶƐ͕ĞǆĐĞƌƉƚƐ͕ĂŶĚƚƌĂŶƐĐƌŝƉƟŽŶƐ͘dŚĞ ƌŝŐŚƚĂůƐŽŝŶĐůƵĚĞƐƟŵĞůǇĂŶĚƌĞĂƐŽŶĂďůĞĂĐĐĞƐƐƚŽ^ƵƉƉůŝĞƌ͛ƐƉĞƌƐŽŶŶĞůĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨ ŝŶƚĞƌǀŝĞǁĂŶĚĚŝƐĐƵƐƐŝŽŶƌĞůĂƟŶŐƚŽƐƵĐŚĚŽĐƵŵĞŶƚƐ͘ xii) WZKhZDEdK&ZKsZDdZ/>^;Ϯ͘&͘Z͘ΑϮϬϬ͘ϯϮϮͿ͘A non-ĨĞĚĞƌĂůĞŶƟƚǇ ƚŚĂƚŝƐĂƐƚĂƚĞĂŐĞŶĐǇŽƌĂŐĞŶĐǇŽĨĂƉŽůŝƟĐĂůƐƵďĚŝǀŝƐŝŽŶŽĨĂƐƚĂƚĞĂŶĚŝƚƐĐŽŶƚƌĂĐƚŽƌƐŵƵƐƚ ĐŽŵƉůǇǁŝƚŚ^ĞĐƟŽŶϲϬϬϮŽĨƚŚĞ^ŽůŝĚtĂƐƚĞŝƐƉŽƐĂůĐƚ͕ĂƐĂŵĞŶĚĞĚďǇƚŚĞZĞƐŽƵƌĐĞ ŽŶƐĞƌǀĂƟŽŶĂŶĚZĞĐŽǀĞƌǇĐƚ͘dŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ^ĞĐƟŽŶϲϬϬϮŝŶĐůƵĚĞƉƌŽĐƵƌŝŶŐŽŶůǇŝƚĞŵƐ ĚĞƐŝŐŶĂƚĞĚŝŶŐƵŝĚĞůŝŶĞƐŽĨƚŚĞŶǀŝƌŽŶŵĞŶƚĂůWƌŽƚĞĐƟŽŶŐĞŶĐǇ;WͿĂƚϰϬ͘&͘Z͘ΑϮϰϳƚŚĂƚ ĐŽŶƚĂŝŶƚŚĞŚŝŐŚĞƐƚƉĞƌĐĞŶƚĂŐĞŽĨƌĞĐŽǀĞƌĞĚŵĂƚĞƌŝĂůƐƉƌĂĐƟĐĂďůĞ͕ consistent with maintaining a ƐĂƟƐĨĂĐƚŽƌǇůĞǀĞůŽĨĐŽŵƉĞƟƟŽŶ͕ǁŚĞƌĞƚŚĞƉƵƌĐŚĂƐĞƉƌŝĐĞŽĨƚŚĞŝƚĞŵĞǆĐĞĞĚƐΨϭϬ͕ϬϬϬŽƌƚŚĞ ǀĂůƵĞŽĨƚŚĞƋƵĂŶƟƚǇĂĐƋƵŝƌĞĚĚƵƌŝŶŐƚŚĞƉƌĞĐĞĚŝŶŐĮƐĐĂůǇĞĂƌĞǆĐĞĞĚĞĚΨϭϬ͕ϬϬϬ͖ƉƌŽĐƵƌŝŶŐ solid waste management services in a mĂŶŶĞƌƚŚĂƚŵĂǆŝŵŝǌĞƐĞŶĞƌŐǇĂŶĚƌĞƐŽƵƌĐĞƌĞĐŽǀĞƌǇ͖ ĂŶĚĞƐƚĂďůŝƐŚŝŶŐĂŶĂĸƌŵĂƟǀĞƉƌŽĐƵƌĞŵĞŶƚƉƌŽŐƌĂŵĨŽƌƉƌŽĐƵƌĞŵĞŶƚŽĨƌĞĐŽǀĞƌĞĚŵĂƚĞƌŝĂůƐ ŝĚĞŶƟĮĞĚŝŶƚŚĞWŐƵŝĚĞůŝŶĞƐ͘ xiii) &Z>^>;^Ϳ͕>K'K^͕E&>'^͘ The Supplier cannot use the seal(s), logos, crests, ŽƌƌĞƉƌŽĚƵĐƟŽŶƐŽĨŇĂŐƐŽƌůŝŬĞŶĞƐƐĞƐŽĨ&ĞĚĞƌĂůĂŐĞŶĐǇŽĸĐŝĂůƐǁŝƚŚŽƵƚƐƉĞĐŝĮĐƉƌĞ-approval. xiv) EKK>/'d/KEz&Z>'KsZEDEd͘ dŚĞh͘^͘ĨĞĚĞƌĂůŐŽǀĞƌŶŵĞŶƚŝƐŶŽƚĂƉĂƌƚǇ ƚŽƚŚŝƐŐƌĞĞŵĞŶƚŽƌĂŶǇƉƵƌĐŚĂƐĞďǇĂWĂƌƟĐŝƉĂƟŶŐŶƟƚǇĂŶĚŝƐŶŽƚƐƵďũĞĐƚƚŽĂŶǇŽďůŝŐĂƟŽŶƐ ŽƌůŝĂďŝůŝƟĞƐƚŽƚŚĞWĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͕^ƵƉƉůŝĞƌ͕ŽƌĂŶǇŽƚŚĞƌƉĂƌƚǇƉĞƌƚĂŝŶŝŶŐƚŽĂŶǇŵĂƩĞƌ ƌĞƐƵůƟŶŐĨƌŽŵƚŚĞŐƌĞĞŵĞŶƚŽƌĂŶǇƉƵƌĐŚĂƐĞďǇĂŶĂƵƚŚŽƌŝǌĞĚƵƐĞƌ͘ xv) WZK'ZD&ZhE&>^KZ&Zhh>Ed^ddDEd^KZZ>dd^͘ The ŽŶƚƌĂĐƚŽƌĂĐŬŶŽǁůĞĚŐĞƐƚŚĂƚϯϭh͘^͘͘Αϯϴ;ĚŵŝŶŝƐƚƌĂƟǀĞZĞŵĞĚŝĞƐĨŽƌ&ĂůƐĞůĂŝŵƐĂŶĚ ^ƚĂƚĞŵĞŶƚƐͿĂƉƉůŝĞƐƚŽƚŚĞ^ƵƉƉůŝĞƌ͛ƐĂĐƟŽŶƐƉĞƌƚĂŝŶŝŶŐƚŽƚŚŝƐŐƌĞĞŵĞŶƚŽƌĂŶǇƉƵƌĐŚĂƐĞďǇĂ WĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͘ xvi) &Z>d͘ dŚĞ^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚŝƚŝƐŶŽŶ-ĚĞůŝŶƋƵĞŶƚŝŶŝƚƐƌĞƉĂǇŵĞŶƚŽĨĂŶǇ ĨĞĚĞƌĂůĚĞďƚ͘ǆĂŵƉůĞƐŽĨƌĞůĞǀĂŶƚĚĞďƚŝŶĐůƵĚĞĚĞůŝŶƋƵĞŶƚƉĂǇƌŽůůĂŶĚŽƚŚĞƌƚĂǆĞƐ͕ĂƵĚŝƚ ĚŝƐĂůůŽǁĂŶĐĞ͕ĂŶĚďĞŶĞĮƚŽǀĞƌƉĂǇŵĞŶƚƐ͘ xvii) KE&>/d^K&/EdZ^d͘ dŚĞ^ƵƉƉůŝĞƌŵƵƐƚŶŽƟĨǇƚŚĞh͘^͘KĸĐĞŽĨ'ĞŶĞƌĂů^ĞƌǀŝĐĞƐ͕ ^ŽƵƌĐĞǁĞůů͕ĂŶĚWĂƌƟĐŝƉĂƟŶŐŶƟƚǇĂƐƐŽŽŶĂƐƉŽƐƐŝďůĞŝĨƚŚŝƐŐƌĞĞŵĞŶƚŽƌĂŶǇĂƐƉĞĐƚƌĞůĂƚĞĚ ƚŽƚŚĞĂŶƟĐŝƉĂƚĞĚǁŽƌŬƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚƌĂŝƐĞƐĂŶĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚŽĨŝŶƚĞƌĞƐƚ(as ĚĞƐĐƌŝďĞĚŝŶϮ͘&͘Z͘WĂƌƚϮϬϬͿ͘dŚĞ^ƵƉƉůŝĞƌŵƵƐƚĞǆƉůĂŝŶƚŚĞĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚŝŶ ǁƌŝƟŶŐŝŶƐƵĸĐŝĞŶƚĚĞƚĂŝůƐŽƚŚĂƚƚŚĞh͘^͘KĸĐĞŽĨ'ĞŶĞƌĂů^ĞƌǀŝĐĞƐ͕^ŽƵƌĐĞǁĞůů͕ĂŶĚ WĂƌƟĐŝƉĂƟŶŐŶƟƚǇĂƌĞĂďůĞƚŽĂƐƐĞƐƐƚŚĞĂĐƚƵĂůŽƌƉŽƚĞŶƟĂůĐŽŶŇŝĐƚ͖ĂŶĚƉƌŽǀŝĚĞĂŶǇĂĚĚŝƟŽŶĂů ŝŶĨŽƌŵĂƟŽŶĂƐŶĞĐĞƐƐĂƌǇŽƌƌĞƋƵĞƐƚĞĚ͘ xviii) h͘^͘yhd/sKZZϭϯϮϮϰ͘ The Supplier, and its subcontractors, must comply with h͘^͘ǆĞĐƵƟǀĞKƌĚĞƌϭϯϮϮϰĂŶĚh͘^͘>ĂǁƐƚŚĂƚƉƌŽŚŝďŝƚƚƌĂŶƐĂĐƟŽŶƐǁŝƚŚĂŶĚƉƌŽǀŝƐŝŽŶŽĨ ƌĞƐŽƵƌĐĞƐĂŶĚƐƵƉƉŽƌƚƚŽŝŶĚŝǀŝĚƵĂůƐĂŶĚŽƌŐĂŶŝǌĂƟŽŶƐĂƐƐŽĐŝĂƚĞĚǁŝƚŚƚĞƌƌŽƌŝƐŵ͘ Packet Page. 1881 052725-PRM v052824 7 xix) WZK,//d/KEKEZd/Ed>KDDhE/d/KE^Es/K^hZs/>>E ^Zs/^KZYh/WDEd͘ dŽƚŚĞĞǆƚĞŶƚĂƉƉůŝĐĂďůĞ͕^ƵƉƉůŝĞƌĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨ ƚŚŝƐŐƌĞĞŵĞŶƚŝƚǁŝůůĐŽŵƉůǇǁŝƚŚĂƉƉůŝĐĂďůĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨϮ͘&͘Z͘ΑϮϬϬ͘Ϯϭϲ͘ xx) KD^d/WZ&ZE^&KZWZKhZDEd^͘ To the extent applicable, Supplier ĐĞƌƟĮĞƐƚŚĂƚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌǁŝůůĐŽŵƉůǇǁŝƚŚĂƉƉůŝĐĂďůĞ ƌĞƋƵŝƌĞŵĞŶƚƐŽĨϮ͘&͘Z͘ΑϮϬϬ͘ϯϮϮ͘ ƌƟĐůĞϮ͗ ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌKďůŝŐĂƟŽŶƐ dŚĞdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϮƌĞůĂƚĞƐƉĞĐŝĮĐĂůůǇƚŽ^ŽƵƌĐĞǁĞůůĂŶĚŝƚƐĂĚŵŝŶŝƐƚƌĂƟŽŶŽĨƚŚŝƐDĂƐƚĞƌ ŐƌĞĞŵĞŶƚǁŝƚŚ^ƵƉƉůŝĞƌĂŶĚ^ƵƉƉůŝĞƌ͛ƐŽďůŝŐĂƟŽŶƐƚŚĞƌĞƵŶĚĞƌ͘ 1) ƵƚŚŽƌŝǌĞĚ^ĞůůĞƌƐ͘^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞ^ŽƵƌĐĞǁĞůůĂĐƵƌƌĞŶƚŵĞĂŶƐƚŽǀĂůŝĚĂƚĞŽƌĂƵƚŚĞŶƟĐĂƚĞ ^ƵƉƉůŝĞƌ͛ƐĂƵƚŚŽƌŝǌĞĚĚĞĂůĞƌƐ͕ĚŝƐƚƌŝďƵƚŽƌƐ͕ŽƌƌĞƐĞůůĞƌƐǁŚŝĐŚŵĂǇĐŽŵƉůĞƚĞƚƌĂŶƐĂĐƟŽŶƐŽĨ/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐŽīĞƌĞĚƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘^ŽƵƌĐĞǁĞůůŵĂǇƌĞƋƵĞƐƚƵƉĚĂƚĞĚŝŶĨŽƌŵĂƟŽŶŝŶŝƚƐ ĚŝƐĐƌĞƟŽŶ͕ĂŶĚ^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŽƉƌŽǀŝĚĞƌĞƋƵĞƐƚĞĚŝŶĨŽƌŵĂƟŽŶǁŝƚŚŝŶĂƌĞĂƐŽŶĂďůĞƟŵĞ͘ 2) WƌŽĚƵĐƚĂŶĚWƌŝĐĞŚĂŶŐĞƐZĞƋƵŝƌĞŵĞŶƚƐ͘ ^ƵƉƉůŝĞƌŵĂǇƌĞƋƵĞƐƚ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐchanges, ĂĚĚŝƟŽŶƐ͕ŽƌĚĞůĞƟŽŶƐĂƚĂŶǇƟŵĞ͘ůůƌĞƋƵĞƐƚƐŵƵƐƚďĞŵĂĚĞŝŶǁƌŝƟŶŐďǇƐƵďŵŝƫŶŐĂ^ŽƵƌĐĞǁĞůů WƌŝĐĞĂŶĚWƌŽĚƵĐƚŚĂŶŐĞZĞƋƵĞƐƚ&ŽƌŵƚŽ^ŽƵƌĐĞǁĞůů͘ƚĂŵŝŶŝŵƵŵ͕ƚŚĞƌĞƋƵĞƐƚŵƵƐƚ͗ x /ĚĞŶƟĨǇƚŚĞĂƉƉůŝĐĂďůĞ^ŽƵƌĐĞǁĞůůŐƌĞĞŵĞŶƚŶƵŵďĞƌ͖ x ůĞĂƌůǇƐƉĞĐŝĨǇƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͖ x WƌŽǀŝĚĞƐƵĸĐŝĞŶƚĚĞƚĂŝůƚŽũƵƐƟĨǇƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͖ x /ŶĚŝǀŝĚƵĂůůǇůŝƐƚĂůů/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐĂīĞĐƚĞĚďǇƚŚĞƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ͕ĂůŽŶŐǁŝƚŚƚŚĞ ƌĞƋƵĞƐƚĞĚĐŚĂŶŐĞ;Ğ͘Ő͕͘ĂĚĚŝƟŽŶ͕ĚĞůĞƟŽŶ͕ƉƌŝĐĞĐŚĂŶŐĞͿ͖ĂŶĚ x /ŶĐůƵĚĞĂĐŽŵƉůĞƚĞƌĞƐƚĂƚĞŵĞŶƚŽĨWƌŝĐŝŶŐ>ŝƐƚǁŝƚŚƚŚĞĞīĞĐƟǀĞĚĂƚĞŽĨƚŚĞŵŽĚŝĮĞĚƉƌŝĐŝŶŐ͕ ŽƌƉƌŽĚƵĐƚĂĚĚŝƟŽŶŽƌĚĞůĞƟŽŶ͘dŚĞŶĞǁƉƌŝĐŝŶŐƌĞƐƚĂƚĞŵĞŶƚŵƵƐƚŝŶĐůƵĚĞĂůů/ŶĐůƵĚĞĚ ^ŽůƵƟŽŶƐŽīĞƌĞĚ͕ĞǀĞŶĨŽƌƚŚŽƐĞŝƚĞŵƐǁŚĞƌĞƉƌŝĐŝŶŐƌĞŵĂŝŶƐƵŶĐŚĂŶŐĞĚ͘ ĨƵůůǇĞǆĞĐƵƚĞĚ^ŽƵƌĐĞǁĞůůWƌŝĐĞĂŶĚWƌŽĚƵĐƚŚĂŶŐĞZĞƋƵĞƐƚ&ŽƌŵǁŝůůďĞĐŽŵĞĂŶĂŵĞŶĚŵĞŶƚƚŽ ƚŚŝƐŐƌĞĞŵĞŶƚĂŶĚǁŝůůďĞŝŶĐŽƌƉŽƌĂƚĞĚďǇƌĞĨĞƌĞŶĐĞ͘ 3) ƵƚŚŽƌŝǌĞĚZĞƉƌĞƐĞŶƚĂƟǀĞ͘ ^ƵƉƉůŝĞƌǁŝůůĂƐƐŝŐŶĂŶƵƚŚŽƌŝǌĞĚZĞƉƌĞƐĞŶƚĂƟǀĞƚŽ^ŽƵƌĐĞǁĞůůĨŽƌƚŚŝƐ ŐƌĞĞŵĞŶƚĂŶĚŵƵƐƚƉƌŽǀŝĚĞƉƌŽŵƉƚŶŽƟĐĞƚŽ^ŽƵƌĐĞǁĞůůŝĨƚŚĂƚƉĞƌƐŽŶŝƐĐŚĂŶŐĞĚ͘dŚĞƵƚŚŽƌŝǌĞĚ ZĞƉƌĞƐĞŶƚĂƟǀĞǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌ͗ x DĂŝŶƚĞŶĂŶĐĞĂŶĚŵĂŶĂŐĞŵĞŶƚŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͖ x dŝŵĞůǇƌĞƐƉŽŶƐĞƚŽĂůů^ŽƵƌĐĞǁĞůůĂŶĚWĂƌƟĐŝƉĂƟŶŐŶƟƚǇŝŶƋƵŝƌŝĞƐ͖ĂŶĚ x WĂƌƟĐŝƉĂƟŽŶŝŶƌĞǀŝĞǁƐǁŝƚŚ^ŽƵƌĐĞǁĞůů͘ ^ŽƵƌĐĞǁĞůůΖƐƵƚŚŽƌŝǌĞĚZĞƉƌĞƐĞŶƚĂƟǀĞŝƐŝƚƐŚŝĞĨWƌŽĐƵƌĞŵĞŶƚKĸĐĞƌ. Packet Page. 1882 052725-PRM v052824 8 4) WĞƌĨŽƌŵĂŶĐĞZĞǀŝĞǁƐ͘ Supplier will ƉĞƌĨŽƌŵĂŵŝŶŝŵƵŵŽĨŽŶĞƌĞǀŝĞǁǁŝƚŚ^ŽƵƌĐĞǁĞůůƉĞƌ ĂŐƌĞĞŵĞŶƚǇĞĂƌ͘dŚĞƌĞǀŝĞǁǁŝůůĐŽǀĞƌƚƌĂŶƐĂĐƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ͕ƉƌŝĐŝŶŐĂŶĚƚĞƌŵƐ͕ ĂĚŵŝŶŝƐƚƌĂƟǀĞĨĞĞƐ͕ƐĂůĞƐĚĂƚĂƌĞƉŽƌƚƐ͕ƉĞƌĨŽƌŵĂŶĐĞŝƐƐƵĞƐ͕ƐƵƉƉůǇ chain issues, customer issues, and ĂŶǇŽƚŚĞƌŶĞĐĞƐƐĂƌǇŝŶĨŽƌŵĂƟŽŶ͘ 5) ^ĂůĞƐZĞƉŽƌƟŶŐZĞƋƵŝƌĞĚ͘ ^ƵƉƉůŝĞƌŝƐƌĞƋƵŝƌĞĚĂƐĂŵĂƚĞƌŝĂůĞůĞŵĞŶƚƚŽƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚƚŽ ƌĞƉŽƌƚĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐǁŝƚŚWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐƵƟůŝǌŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘&ĂŝůƵƌĞƚŽ provide complete and accurate ƌĞƉŽƌƚƐĂƐĚĞĮŶĞĚŚĞƌĞŝŶǁŝůůďĞĂŵĂƚĞƌŝĂůďƌĞĂĐŚŽĨƚŚĞŐƌĞĞŵĞŶƚ ĂŶĚ^ŽƵƌĐĞǁĞůůƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚƚŽƉƵƌƐƵĞĂůůƌĞŵĞĚŝĞƐĂǀĂŝůĂďůĞĂƚůĂǁŝŶĐůƵĚŝŶŐĐĂŶĐĞůůĂƟŽŶŽĨ this Agreement. 6) ZĞƉŽƌƟŶŐZĞƋƵŝƌĞŵĞŶƚƐ͘ ^ƵƉƉůŝĞƌŵƵƐƚƉƌŽǀŝĚĞ^ŽƵƌĐĞǁĞůůĂŶĂĐƟǀŝƚǇƌĞƉŽƌƚŽĨĂůůƚƌĂŶƐĂĐƟŽŶƐ ĐŽŵƉůĞƚĞĚƵƟůŝǌŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘ZĞƉŽƌƚƐĂƌĞĚƵĞĂƚůĞĂƐƚŽŶĐĞĞĂĐŚĐĂůĞŶĚĂƌƋƵĂƌƚĞƌ;ZĞƉŽƌƟŶŐ WĞƌŝŽĚͿ͘ZĞƉŽƌƚƐŵƵƐƚďĞƌĞĐĞŝǀĞĚŶŽůĂƚĞƌƚŚĂŶϰϱĐĂůĞŶĚĂƌĚĂǇƐĂŌĞƌƚŚĞĞŶĚŽĨĞĂch calendar ƋƵĂƌƚĞƌ͘^ƵƉƉůŝĞƌŵĂǇƌĞƉŽƌƚŽŶĂŵŽƌĞĨƌĞƋƵĞŶƚďĂƐŝƐŝŶŝƚƐĚŝƐĐƌĞƟŽŶ͘ZĞƉŽƌƚƐŵƵƐƚďĞƉƌŽǀŝĚĞĚ ƌĞŐĂƌĚůĞƐƐŽĨƚŚĞĂŵŽƵŶƚŽĨĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐĚƵƌŝŶŐƚŚĂƚƋƵĂƌƚĞƌ;ŝ͘Ğ͕͘ŝĨƚŚĞƌĞĂƌĞŶŽƐĂůĞƐ͕ Supplier must submit a ƌĞƉŽƌƚŝŶĚŝĐĂƟŶŐŶŽƐĂůĞƐǁĞƌĞŵĂĚĞͿ͘ dŚĞZĞƉŽƌƚŵƵƐƚĐŽŶƚĂŝŶƚŚĞĨŽůůŽǁŝŶŐĮĞůĚƐ͗ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇEĂŵĞ;Ğ͘Ő͕͘ŝƚǇŽĨ^ƚĂƉůĞƐ,ŝŐŚǁĂǇĞƉĂƌƚŵĞŶƚͿ͖ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇWŚǇƐŝĐĂů^ƚƌĞĞƚĚĚƌĞƐƐ͖ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇŝƚǇ͖ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇ^ƚĂƚĞͬWƌŽǀŝŶĐĞ͖ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇŝƉͬWŽƐƚĂůŽĚĞ͖ x ^ŽƵƌĐĞǁĞůůWĂƌƟĐŝƉĂƟŶŐŶƟƚǇAccount Number; x dƌĂŶƐĂĐƟŽŶĞƐĐƌŝƉƟŽŶ͖ x dƌĂŶƐĂĐƟŽŶWƵƌĐŚĂƐĞĚWƌŝĐĞ͖ x ^ŽƵƌĐĞǁĞůůĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƉƉůŝĞĚ͖ĂŶĚ x ĂƚĞdƌĂŶƐĂĐƟŽŶǁĂƐŝŶǀŽŝĐĞĚͬƐĂůĞǁĂƐƌĞĐŽŐŶŝǌĞĚĂƐƌĞǀĞŶƵĞďǇ^ƵƉƉůŝĞƌ͘ /Ĩcollected by Supplier, the Report may include the ĨŽůůŽǁŝŶŐĮĞůĚƐĂƐĂǀĂŝůĂďůĞ͗ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇŽŶƚĂĐƚEĂŵĞ͖ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇŽŶƚĂĐƚŵĂŝůĚĚƌĞƐƐ͖ x WĂƌƟĐŝƉĂƟŶŐŶƟƚǇŽŶƚĂĐƚdĞůĞƉŚŽŶĞEƵŵďĞƌ͖ 7) ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞ͘ /ŶĐŽŶƐŝĚĞƌĂƟŽŶĨŽƌƚŚĞƐƵƉƉŽƌƚĂŶĚƐĞƌǀŝĐĞƐƉƌŽǀŝĚĞĚďǇ^ŽƵƌĐĞǁĞůů͕^ƵƉƉůŝĞƌ ǁŝůůƉĂǇĂŶĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƚŽ^ŽƵƌĐĞǁĞůůŽŶĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ ƵƟůŝǌŝŶŐƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌǁŝůůŝŶĐůƵĚĞŝƚƐĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞǁŝƚŚin its proposed pricing. ^ƵƉƉůŝĞƌŵĂǇŶŽƚĚŝƌĞĐƚůǇĐŚĂƌŐĞWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐƚŽŽīƐĞƚƚŚĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞ͘ 8) &ĞĞĂůĐƵůĂƟŽŶ͘ ^ƵƉƉůŝĞƌ͛ƐĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƉĂǇĂďůĞƚŽ^ŽƵƌĐĞǁĞůůǁŝůůďĞĐĂůĐƵůĂƚĞĚĂƐĂƐƚĂƚĞĚ ƉĞƌĐĞŶƚĂŐĞ;ůŝƐƚĞĚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂůͿŽĨĂůůĐŽŵƉůĞƚĞĚƚƌĂŶƐĂĐƟŽŶƐƵƟůŝǌŝŶŐƚŚŝƐDĂƐƚĞƌ ŐƌĞĞŵĞŶƚǁŝƚŚŝŶƚŚĞƉƌĞĐĞĚŝŶŐZĞƉŽƌƟŶŐWĞƌŝŽĚ͘ For certain categories, a ŇĂƚĨĞĞ may be proposed. dŚĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞǁŝůůďĞƐƚĂƚĞĚŝŶ^ƵƉƉůŝĞƌ͛ƐWƌŽƉŽƐĂů. 9) &ĞĞZĞŵŝƩĂŶĐĞ͘ ^ƵƉƉůŝĞƌǁŝůůƌĞŵŝƚĨĞĞƚŽ^ŽƵƌĐĞǁĞůůŶŽůĂƚĞƌƚŚĂŶϰϱĐĂůĞŶĚĂƌĚĂǇƐĂŌĞƌƚŚĞĐůŽƐĞ ŽĨƚŚĞƉƌĞĐĞĚŝŶŐĐĂůĞŶĚĂƌƋƵĂƌƚĞƌŝŶĐŽŶũƵŶĐƟŽŶǁŝƚŚ^ƵƉƉůŝĞƌ͛ƐZĞƉŽƌƟŶŐWĞƌŝŽĚŽďůŝŐĂƟŽŶƐ Packet Page. 1883 052725-PRM v052824 9 ĚĞĮŶĞĚŚĞƌĞŝŶ͘WĂǇŵĞŶƚƐƐŚŽƵůĚŶŽƚĞƚŚĞ^ƵƉƉůŝĞƌ͛ƐŶĂŵĞĂŶĚ^ŽƵƌĐĞǁĞůů-assigned Agreement number in the memo; and must be either mailed to Sourcewell ĂďŽǀĞ͞ƩŶ͗ĐĐŽƵŶƚƐZĞĐĞŝǀĂďůĞ͟Žƌ ƌĞŵŝƩĞĚĞůĞĐƚƌŽŶŝĐĂůůǇƚŽ^ŽƵƌĐĞǁĞůů͛ƐďĂŶŬŝŶŐŝŶƐƟƚƵƟŽŶƉĞƌ^ŽƵƌĐĞǁĞůů͛Ɛ&ŝŶĂŶĐĞĚĞƉĂƌƚŵĞŶƚ ŝŶƐƚƌƵĐƟŽŶƐ͘ 10) EŽŶĐŽŵƉůŝĂŶĐĞ͘ Sourcewell reserves the right to seek all remedies available ĂƚůĂǁĨŽƌƵŶƉĂŝĚŽƌ ƵŶĚĞƌƉĂŝĚĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐĚƵĞƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘&ĂŝůƵƌĞƚŽƌĞŵŝƚƉĂǇŵĞŶƚ͕ĚĞůŝŶƋƵĞŶƚ payments͕ƵŶĚĞƌƉĂǇŵĞŶƚƐ͕ŽƌŽƚŚĞƌĚĞǀŝĂƟŽŶƐĨƌŽŵƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚŝƐŐƌĞĞŵĞŶƚŵĂǇďĞ ĚĞĞŵĞĚĂŵĂƚĞƌŝĂůďƌĞĂĐŚĂŶĚŵĂǇƌĞƐƵůƚŝŶĐĂŶĐĞůůĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚĂŶĚĚŝƐďĂƌŵĞŶƚĨƌŽŵ ĨƵƚƵƌĞŐƌĞĞŵĞŶƚƐ͘ 11) ƵĚŝƚZĞƋƵŝƌĞŵĞŶƚƐ͘ Pursuant to Minn. Stat. Α 16C.05, subdivision 5, the books, records, ĚŽĐƵŵĞŶƚƐ͕ĂŶĚĂĐĐŽƵŶƟŶŐƉƌŽĐĞĚƵƌĞƐĂŶĚƉƌĂĐƟĐĞƐƌĞůĞǀĂŶƚƚŽƚŚŝƐŐƌĞĞŵĞŶƚĂƌĞƐƵďũĞĐƚƚŽ ĞǆĂŵŝŶĂƟŽŶďǇ^ŽƵƌĐĞǁĞůůand ƚŚĞDŝŶŶĞƐŽƚĂ^ƚĂƚĞƵĚŝƚŽƌĨŽƌĂŵŝŶŝŵƵŵŽĨƐŝǆǇĞĂƌƐĨƌŽŵƚŚĞĞŶĚ ŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘^ƵƉƉůŝĞƌĂŐƌĞĞƐƚŽĨƵůůǇĐŽŽƉĞƌĂƚĞǁŝƚŚ^ŽƵƌĐĞǁĞůůŝŶĂƵĚŝƟŶŐƚƌĂŶƐĂĐƟŽŶƐƵŶĚĞƌ ƚŚŝƐŐƌĞĞŵĞŶƚƚŽĞŶƐƵƌĞĐŽŵƉůŝĂŶĐĞǁŝƚŚƉƌŝĐŝŶŐƚĞƌŵƐ͕ĐŽƌƌĞĐƚĐĂůĐƵůĂƟŽŶĂŶĚƌĞŵŝƩĂŶĐĞŽĨ ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͕ĂŶĚǀĞƌŝĮĐĂƟŽŶ ŽĨƚƌĂŶƐĂĐƟŽŶƐĂƐŵĂǇďĞƌĞƋƵĞƐƚĞĚďǇĂWĂƌƟĐŝƉĂƟŶŐŶƟƚǇŽƌ Sourcewell. 12) ƐƐŝŐŶŵĞŶƚ͕dƌĂŶƐĨĞƌ͕and ĚŵŝŶŝƐƚƌĂƟǀĞŚĂŶŐĞƐ͘^ƵƉƉůŝĞƌŵĂǇŶŽƚĂƐƐŝŐŶŽƌŽƚŚĞƌǁŝƐĞƚƌĂŶƐĨĞƌŝƚƐ ƌŝŐŚƚƐŽƌŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŽƵƚƚŚĞƉƌŝŽƌǁƌŝƩĞŶĐŽŶƐĞŶƚŽĨ^ŽƵƌĐĞǁĞůů͘^ƵĐŚ consent will not be unreasonably withheld. Sourcewell reserves the right to unilaterally assign all or ƉŽƌƟŽŶƐŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŝŶŝƚƐƐŽůĞĚŝƐĐƌĞƟŽŶƚŽĂĚĚƌĞƐƐĐŽƌƉŽƌĂƚĞƌĞƐƚƌƵĐƚƵƌŝŶŐƐ͕ŵĞƌŐĞƌƐ͕ ĂĐƋƵŝƐŝƟŽŶƐ͕ŽƌŽƚŚĞƌĐŚĂŶŐĞƐƚŽƚŚĞResponsible Party and named in the Agreement. Any prohibited assignment is ŝŶǀĂůŝĚ͘hƉŽŶƌĞƋƵĞƐƚ ^ŽƵƌĐĞǁĞůůŵĂǇŵĂŬĞĂĚŵŝŶŝƐƚƌĂƟǀĞĐŚĂŶŐĞƐƚŽĂŐƌĞĞŵĞŶƚ ĚŽĐƵŵĞŶƚĂƟŽŶƐƵĐŚĂƐŶĂŵĞĐŚĂŶŐĞƐ͕ĂĚĚƌĞƐƐĐŚĂŶŐĞƐ͕ĂŶĚŽƚŚĞƌŶŽŶ-material updates as determined ǁŝƚŚŝŶŝƚƐƐŽůĞĚŝƐĐƌĞƟŽŶ͘ 13) ŵĞŶĚŵĞŶƚƐ͘ ŶǇŵĂƚĞƌŝĂůĐŚĂŶŐĞƚŽƚŚŝƐŐƌĞĞŵĞŶƚŵƵƐƚďĞĞǆĞĐƵƚĞĚŝŶǁƌŝƟŶŐƚŚƌŽƵŐŚĂŶ ĂŵĞŶĚŵĞŶƚĂŶĚǁŝůůŶŽƚďĞĞīĞĐƟǀĞƵŶƟůŝƚŚĂƐďĞĞŶĚƵůǇĞǆĞĐƵƚĞĚďǇƚŚĞƉĂƌƟĞƐ. 14) tĂŝǀĞƌ͘ Failure by Sourcewell to ĞŶĨŽƌĐĞany right under this Agreement will not be deemed a waiver ŽĨƐƵĐŚƌŝŐŚƚŝŶƚŚĞĞǀĞŶƚŽĨƚŚĞĐŽŶƟŶƵĂƟŽŶŽƌƌĞƉĞƟƟŽŶŽĨƚŚĞĐŝƌĐƵŵƐƚĂŶĐĞƐŐŝǀŝŶŐƌŝƐĞƚŽƐƵĐŚ right. 15) ŽŵƉůĞƚĞŐƌĞĞŵĞŶƚ͘ dŚŝƐŐƌĞĞŵĞŶƚƌĞƉƌĞƐĞŶƚƐƚŚĞĐŽŵƉůĞƚĞĂŐƌĞĞŵĞŶƚďĞƚǁĞĞŶƚŚĞƉĂƌƟĞƐ ĨŽƌ ƚŚĞƐĐŽƉĞĂƐĚĞĮŶĞĚŚĞƌĞŝŶ͘^ƵƉƉůŝĞƌĂŶĚ^ŽƵƌĐĞǁĞůůŵĂǇĞŶƚĞƌŝŶƚŽƐĞƉĂƌĂƚĞǁƌŝƩĞŶĂŐƌĞĞŵĞŶƚƐ ƌĞůĂƟŶŐƐƉĞĐŝĮĐĂůůǇƚŽƚƌĂŶƐĂĐƟŽŶƐŽƵƚƐŝĚĞŽĨƚŚĞƐĐŽƉĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͘ 16) ZĞůĂƟŽŶƐŚŝƉŽĨ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌ͘ This Agreement does not create a partnership, joint ǀĞŶƚƵƌĞ͕ŽƌĂŶǇŽƚŚĞƌƌĞůĂƟŽŶƐŚŝƉƐƵĐŚĂƐĞŵƉůŽǇĞĞ͕ŝŶĚĞƉĞŶĚĞŶƚĐŽŶƚƌĂĐƚŽƌ͕ŵĂƐƚĞƌ-servant, or principal-agent. 17) /ŶĚĞŵŶŝĮĐĂƟŽŶ͘ ^ƵƉƉůŝĞƌŵƵƐƚŝŶĚĞŵŶŝĨǇ͕ĚĞĨĞŶĚ͕ƐĂǀĞ͕ĂŶĚŚŽůĚ^ŽƵƌĐĞǁĞůů͕ŝŶĐůƵĚŝŶŐƚŚĞŝƌĂŐĞŶƚƐ ĂŶĚĞŵƉůŽǇĞĞƐ͕ŚĂƌŵůĞƐƐĨƌŽŵĂŶǇĐůĂŝŵƐŽƌĐĂƵƐĞƐŽĨĂĐƟŽŶ͕ŝŶĐůƵĚŝŶŐĂƩŽƌŶĞǇƐ͛ĨĞĞƐŝŶĐƵƌƌĞĚďǇ ^ŽƵƌĐĞǁĞůů͕ĂƌŝƐŝŶŐŽƵƚŽĨĂŶǇĂĐƚŽƌŽŵŝƐƐŝŽŶŝŶƚŚĞƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐ Agreement by the Supplier ŽƌŝƚƐĂŐĞŶƚƐŽƌĞŵƉůŽǇĞĞƐ͖ƚŚŝƐŝŶĚĞŵŶŝĮĐĂƟŽŶŝŶĐůƵĚĞƐŝŶũƵƌǇŽƌĚĞĂƚŚƚŽƉĞƌƐŽŶ;ƐͿŽƌƉƌŽƉĞƌƚǇ ĂůůĞŐĞĚƚŽŚĂǀĞďĞĞŶĐĂƵƐĞĚďǇƐŽŵĞĚĞĨĞĐƚŝŶĚĞƐŝŐŶ͕ĐŽŶĚŝƟŽŶ͕ŽƌƉĞƌĨŽƌŵĂŶĐĞŽĨ/ŶĐůƵĚĞĚ Packet Page. 1884 052725-PRM v052824 10 ^ŽůƵƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚ͘^ŽƵƌĐĞǁĞůů͛ƐƌĞƐƉŽŶƐŝďŝůŝƚǇǁŝůůďĞŐŽǀĞƌŶĞĚďǇƚŚĞ^ƚĂƚĞŽĨ DŝŶŶĞƐŽƚĂ͛ƐdŽƌƚ>ŝĂďŝůŝƚǇĐƚ;DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐŚĂƉƚĞƌϰϲϲͿĂŶĚŽƚŚĞƌĂƉƉůŝĐĂďůĞůĂǁ͘ 18) ĂƚĂWƌĂĐƟĐĞƐ͘ Supplier and Sourcewell acknowledge Sourcewell is subject to the Minnesota 'ŽǀĞƌŶŵĞŶƚĂƚĂWƌĂĐƟĐĞƐĐƚ͕DŝŶŶĞƐŽƚĂ^ƚĂƚƵƚĞƐŚĂƉƚĞƌϭϯ͘ƐŝƚĂƉƉůŝĞƐƚŽĂůůĚĂƚĂĐƌĞĂƚĞĚĂŶĚ ŵĂŝŶƚĂŝŶĞĚŝŶƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌŵĂǇďĞƐƵďũĞĐƚƚŽƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚŝƐ chapter. 19) 'ƌĂŶƚŽĨ>ŝĐĞŶƐĞ͘ a) ƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͗ i) ^ƵƉƉůŝĞƌWƌŽŵŽƟŽŶ͘ Sourcewell grants to Supplier a royalty-ĨƌĞĞ͕ǁŽƌůĚǁŝĚĞ͕ŶŽŶ-exclusive ƌŝŐŚƚĂŶĚůŝĐĞŶƐĞƚŽƵƐĞƚŚĞƚƌĂĚĞŵĂƌŬ;ƐͿƉƌŽǀŝĚĞĚƚŽ^ƵƉƉůŝĞƌďǇ^ŽƵƌĐĞǁĞůůŝŶĂĚǀĞƌƟƐŝŶŐ͕ ƉƌŽŵŽƟŽŶĂůŵĂƚĞƌŝĂůƐ͕ĂŶĚŝŶĨŽƌŵĂƟŽŶĂůƐŝƚĞƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐ^ŽƵƌĐĞǁĞůů͛Ɛ Agreement with Supplier. ii) ^ŽƵƌĐĞǁĞůůWƌŽŵŽƟŽŶ͘ Supplier grants to Sourcewell a royalty-ĨƌĞĞ͕ǁŽƌůĚǁŝĚĞ͕ŶŽŶ- ĞǆĐůƵƐŝǀĞƌŝŐŚƚĂŶĚůŝĐĞŶƐĞƚŽƵƐĞ^ƵƉƉůŝĞƌ͛ƐƚƌĂĚĞŵĂƌŬƐŝŶĂĚǀĞƌƟƐŝŶŐ͕ƉƌŽŵŽƟŽŶĂů ŵĂƚĞƌŝĂůƐ͕ĂŶĚŝŶĨŽƌŵĂƟŽŶĂůƐŝƚĞƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐ^ƵƉƉůŝĞƌ͛ƐŐƌĞĞŵĞŶƚǁŝƚŚ Sourcewell. b) >ŝŵŝƚĞĚZŝŐŚƚŽĨ^ƵďůŝĐĞŶƐĞ͘ dŚĞƌŝŐŚƚĂŶĚůŝĐĞŶƐĞŐƌĂŶƚĞĚŚĞƌĞŝŶŝŶĐůƵĚĞƐĂůŝŵŝƚĞĚƌŝŐŚƚŽĨĞĂĐŚ ƉĂƌƚǇƚŽŐƌĂŶƚƐƵďůŝĐĞŶƐĞƐƚŽƚŚĞŝƌƌĞƐƉĞĐƟǀĞƐƵďƐŝĚŝĂƌŝĞƐ͕ĚŝƐƚƌŝďƵƚŽƌƐ͕ĚĞĂůĞƌƐ͕ƌĞƐĞůůĞƌƐ͕ ŵĂƌŬĞƟŶŐƌĞƉƌĞƐĞŶƚĂƟǀĞƐ͕ƉĂƌƚŶĞƌƐ͕ŽƌĂŐĞŶƚƐ;ĐŽůůĞĐƟǀĞůǇ͞WĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐ͟ͿŝŶ ĂĚǀĞƌƟƐŝŶŐ͕ƉƌŽŵŽƟŽŶĂů͕ŽƌŝŶĨŽƌŵĂƟŽŶĂůŵĂƚĞƌŝĂůƐĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨŵĂƌŬĞƟŶŐƚŚĞWĂƌƟĞƐ͛ ƌĞůĂƟŽŶƐŚŝƉ͘ŶǇƐƵďůŝĐĞŶƐĞŐƌĂŶƚĞĚǁŝůůďĞƐƵďũĞĐƚƚŽƚŚĞƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐŽĨƚŚŝƐƌƟĐůĞ͘ ĂĐŚƉĂƌƚǇǁŝůůďĞƌĞƐƉŽŶƐŝďůĞĨŽƌĂŶǇďƌĞĂĐŚŽĨƚŚŝƐƐĞĐƟŽŶ ďǇĂŶǇŽĨƚŚĞŝƌƌĞƐƉĞĐƟǀĞ sublicensees. c) hƐĞ͖YƵĂůŝƚǇŽŶƚƌŽů͘ i) EĞŝƚŚĞƌƉĂƌƚǇŵĂǇĂůƚĞƌƚŚĞŽƚŚĞƌƉĂƌƚǇ͛ƐƚƌĂĚĞŵĂƌŬƐĨƌŽŵƚŚĞĨŽƌŵƉƌŽǀŝĚĞĚĂŶĚŵƵƐƚ ĐŽŵƉůǇǁŝƚŚƌĞŵŽǀĂůƌĞƋƵĞƐƚƐĂƐƚŽƐƉĞĐŝĮĐƵƐĞƐŽĨŝƚƐƚƌĂĚĞŵĂƌŬƐŽƌůŽŐŽƐ. ii) ĂĐŚƉĂƌƚǇĂŐƌĞĞƐƚŽƵƐĞ͕ĂŶĚƚŽĐĂƵƐĞŝƚƐWĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐƚŽƵƐĞ͕ƚŚĞŽƚŚĞƌƉĂƌƚǇ͛Ɛ ƚƌĂĚĞŵĂƌŬƐŽŶůǇŝŶŐŽŽĚĨĂŝƚŚĂŶĚŝŶĂĚŝŐŶŝĮĞĚŵĂŶŶĞƌĐŽŶƐŝƐƚĞŶƚǁŝƚŚƐƵĐŚƉĂƌƚǇ͛ƐƵƐĞŽĨ ƚŚĞƚƌĂĚĞŵĂƌŬƐ͘ĂĐŚƉĂƌƚǇŵĂǇŵĂŬĞǁƌŝƩĞŶŶŽƟĐĞƚŽƚŚĞŽƚŚĞƌƌĞŐĂƌĚŝŶg misuse under ƚŚŝƐƐĞĐƟŽŶ͘dŚĞŽīĞŶĚŝŶŐƉĂƌƚǇǁŝůůŚĂǀĞϯϬĚĂǇƐŽĨƚŚĞĚĂƚĞŽĨƚŚĞǁƌŝƩĞŶŶŽƟĐĞƚŽĐƵƌĞ ƚŚĞŝƐƐƵĞŽƌƚŚĞůŝĐĞŶƐĞͬƐƵďůŝĐĞŶƐĞǁŝůůďĞƚĞƌŵŝŶĂƚĞĚ͘ d) dĞƌŵŝŶĂƟŽŶ͘ hƉŽŶƚŚĞƚĞƌŵŝŶĂƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌĂŶǇƌĞĂƐŽŶ͕ĞĂĐŚƉĂƌƚǇ͕ŝŶĐůƵĚŝŶŐ WĞƌŵŝƩĞĚ^ƵďůŝĐĞŶƐĞĞƐ͕ǁŝůůŚĂǀĞϯϬĚĂǇƐƚŽƌĞŵŽǀĞĂůůdƌĂĚĞŵĂƌŬƐĨƌŽŵƐŝŐŶĂŐĞ͕ǁĞďƐŝƚĞƐ͕ĂŶĚ ƚŚĞůŝŬĞďĞĂƌŝŶŐƚŚĞŽƚŚĞƌƉĂƌƚǇ͛ƐŶĂŵĞŽƌůŽŐŽ;ĞǆĐĞƉƟŶŐ^ŽƵƌĐĞǁĞůů͛ƐƉƌĞ-printed ĐĂƚĂůŽŐŽĨ ƐƵƉƉůŝĞƌƐǁŚŝĐŚŵĂǇďĞƵƐĞĚƵŶƟůƚŚĞŶĞǆƚƉƌŝŶƟŶŐͿ͘^ƵƉƉůŝĞƌŵƵƐƚƌĞƚƵƌŶĂůůŵĂƌŬĞƟŶŐĂŶĚ ƉƌŽŵŽƟŽŶĂůŵĂƚĞƌŝĂůƐ͕ŝŶĐůƵĚŝŶŐƐŝŐŶĂŐĞ͕ƉƌŽǀŝĚĞĚďǇ^ŽƵƌĐĞǁĞůů͕ŽƌĚŝƐƉŽƐĞŽĨŝƚĂĐĐŽƌĚŝŶŐƚŽ ^ŽƵƌĐĞǁĞůů͛ƐǁƌŝƩĞŶĚŝƌĞĐƟŽŶƐ͘ 20) sĞŶƵĞĂŶĚ'ŽǀĞƌŶŝŶŐůĂǁďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌKŶůǇ͘ dŚĞƐƵďƐƚĂŶƟǀĞĂŶĚƉƌŽĐĞĚƵƌĂů ůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂǁŝůůŐŽǀĞƌŶƚŚŝƐŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌ͘sĞŶƵĞ ĨŽƌĂůůůĞŐĂůƉƌŽĐĞĞĚŝŶŐƐĂƌŝƐŝŶŐŽƵƚŽĨƚŚŝƐŐƌĞĞŵĞŶƚďĞƚǁĞĞŶ^ŽƵƌĐĞǁĞůůĂŶĚ^ƵƉƉůŝĞƌǁŝůůďĞŝŶ Packet Page. 1885 052725-PRM v052824 11 ĐŽƵƌƚŽĨĐŽŵƉĞƚĞŶƚũƵƌŝƐĚŝĐƟŽŶǁŝƚŚŝŶƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ͘dŚŝƐƐĞĐƟŽŶĚŽĞƐŶŽƚĂƉƉůǇƚŽĂŶǇ ĚŝƐƉƵƚĞďĞƚǁĞĞŶ^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͘dŚŝƐŐƌĞĞŵĞŶƚƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚĨŽƌ^ƵƉƉůŝĞƌĂŶĚ WĂƌƟĐŝƉĂƟŶŐŶƟƚǇƚŽŶĞŐŽƟĂƚĞƚŚŝƐƚĞƌŵƚŽǁŝƚŚŝŶĂŶǇƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐ. 21) ^ĞǀĞƌĂďŝůŝƚǇ͘ /ĨĂŶǇƉƌŽǀŝƐŝŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĨŽƵŶĚďǇĂĐŽƵƌƚŽĨĐŽŵƉĞƚĞŶƚũƵƌŝƐĚŝĐƟŽŶƚŽďĞ ŝůůĞŐĂů͕ƵŶĞŶĨŽƌĐĞĂďůĞ͕ŽƌǀŽŝĚƚŚĞŶďŽƚŚƉĂƌƟĞƐǁŝůůďĞƌĞůŝĞǀĞĚĨƌŽŵĂůůŽďůŝŐĂƟŽŶƐĂƌŝƐŝŶŐĨƌŽŵƚŚĂƚ ƉƌŽǀŝƐŝŽŶ͘/ĨƚŚĞƌĞŵĂŝŶĚĞƌŽĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐĐĂƉĂďůĞŽĨďĞŝŶŐƉĞƌĨŽƌŵĞĚ͕ŝƚǁŝůůŶŽƚďĞĂīĞĐƚĞĚ ďǇƐƵĐŚĚĞƚĞƌŵŝŶĂƟŽŶŽƌĮŶĚŝŶŐĂŶĚŵƵƐƚďĞĨƵůůǇƉĞƌĨŽƌŵĞĚ͘ 22) /ŶƐƵƌĂŶĐĞŽǀĞƌĂŐĞ͘ At its own expense, Supplier must maintain valid insurance policy(ies) during ƚŚĞƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐŐƌĞĞŵĞŶƚǁŝƚŚŝŶƐƵƌĂŶĐĞĐŽŵƉĂŶǇ;ŝĞƐͿůŝĐĞŶƐĞĚŽƌĂƵƚŚŽƌŝǌĞĚƚŽĚŽ ďƵƐŝŶĞƐƐŝŶƚŚĞ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂŚĂǀŝŶŐĂŶ͞D^d͟ƌĂƟŶŐŽĨ- ŽƌďĞƩĞƌ͕ǁŝƚŚĐŽverage and ůŝŵŝƚƐŽĨŝŶƐƵƌĂŶĐĞŶŽƚůĞƐƐƚŚĂŶƚŚĞĨŽůůŽǁŝŶŐ͗ a) ŽŵŵĞƌĐŝĂů'ĞŶĞƌĂů>ŝĂďŝůŝƚǇ/ŶƐƵƌĂŶĐĞ͘ ^ƵƉƉůŝĞƌǁŝůůŵĂŝŶƚĂŝŶŝŶƐƵƌĂŶĐĞĐŽǀĞƌŝŶŐŝƚƐŽƉĞƌĂƟŽŶƐ͕ with coverage on an occurrence basis, and must be subject to terms no less broad than the /ŶƐƵƌĂŶĐĞ^ĞƌǀŝĐĞƐKĸĐĞ;͞/^K͟ͿŽŵŵĞƌĐŝĂů'ĞŶĞƌĂů>ŝĂďŝůŝƚǇ&Žƌŵ'ϬϬϬϭ;ϮϬϬϭŽƌŶĞǁĞƌ ĞĚŝƟŽŶͿ͕ŽƌĞƋƵŝǀĂůĞŶƚ͘ƚĂŵŝŶŝŵƵŵ͕ĐŽǀĞƌĂŐĞŵƵƐƚŝŶĐůƵĚĞůŝĂďŝůŝƚǇĂƌŝƐŝŶŐĨƌŽŵƉƌĞŵŝƐĞƐ͕ ŽƉĞƌĂƟŽŶƐ͕ďŽĚŝůǇŝŶũƵƌǇĂŶĚƉƌŽƉĞƌƚǇĚĂŵĂŐĞ͕ŝŶĚĞƉĞŶĚĞŶƚĐŽŶƚƌĂĐƚŽƌƐ͕ƉƌŽĚƵĐƚƐ-completed ŽƉĞƌĂƟŽŶƐŝŶĐůƵĚŝŶŐĐŽŶƐƚƌƵĐƟŽŶĚĞĨĞĐƚ͕ĐŽŶƚƌĂĐƚƵĂůůŝĂďŝůŝƚǇ͕ďůĂŶŬĞƚĐŽŶƚƌĂĐƚƵĂůůŝĂbility, and ƉĞƌƐŽŶĂůŝŶũƵƌǇĂŶĚĂĚǀĞƌƟƐŝŶŐŝŶũƵƌǇ͘ůůƌĞƋƵŝƌĞĚůŝŵŝƚƐ͕ƚĞƌŵƐĂŶĚĐŽŶĚŝƟŽŶƐŽĨĐŽǀĞƌĂŐĞŵƵƐƚ ďĞŵĂŝŶƚĂŝŶĞĚĚƵƌŝŶŐƚŚĞƚĞƌŵŽĨƚŚŝƐAgreement. x Ψϭ͕ϱϬϬ͕ϬϬϬĞĂĐŚŽĐĐƵƌƌĞŶĐĞŽĚŝůǇ/ŶũƵƌǇĂŶĚWƌŽƉĞƌƚǇĂŵĂŐĞ x Ψϭ͕ϱϬϬ͕ϬϬϬWĞƌƐŽŶĂůĂŶĚĚǀĞƌƟƐŝŶŐ/ŶũƵƌǇ x ΨϮ͕ϬϬϬ͕ϬϬϬĂŐŐƌĞŐĂƚĞĨŽƌƉƌŽĚƵĐƚƐůŝĂďŝůŝƚǇ-ĐŽŵƉůĞƚĞĚŽƉĞƌĂƟŽŶƐ x ΨϮ͕ϬϬϬ͕ϬϬϬŐĞŶĞƌĂůĂŐŐƌĞŐĂƚĞ b) ĞƌƟĮĐĂƚĞƐŽĨ/ŶƐƵƌĂŶĐĞ͘ WƌŝŽƌƚŽĞǆĞĐƵƟŽŶŽĨƚŚŝƐŐƌĞĞŵĞŶƚ͕^ƵƉƉůŝĞƌŵƵƐƚĨƵƌŶŝƐŚƚŽ ^ŽƵƌĐĞǁĞůůĂĐĞƌƟĮĐĂƚĞŽĨŝŶƐƵƌĂŶĐĞ͕ĂƐĞǀŝĚĞŶĐĞŽĨƚŚĞŝŶƐƵƌĂŶĐĞƌĞƋƵŝƌĞĚƵŶĚĞƌƚŚŝƐ ŐƌĞĞŵĞŶƚ͘WƌŝŽƌƚŽĞǆƉŝƌĂƟŽŶŽĨƚŚĞƉŽůŝĐǇ;ŝĞƐͿ͕ƌĞŶĞǁĂůĐĞƌƟĮĐĂƚĞƐŵƵƐƚďĞŵĂŝůĞĚƚŽ Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or provided to in an ĂůƚĞƌŶĂƟǀĞŵĂŶŶĞƌĂƐĚŝƌĞĐƚĞĚďǇ^ŽƵƌĐĞǁĞůů͘dŚĞĐĞƌƟĮĐĂƚĞƐŵƵƐƚďĞƐŝŐŶĞĚďǇĂƉĞƌƐŽŶ ĂƵƚŚŽƌŝǌĞĚďǇƚŚĞŝŶƐƵƌĞƌ;ƐͿƚŽďŝŶĚĐŽǀĞƌĂŐĞŽŶƚŚĞŝƌďĞŚĂůĨ͘ &ĂŝůƵƌĞŽĨ^ƵƉƉůŝĞƌƚŽŵĂŝŶƚĂŝŶƚŚĞ ƌĞƋƵŝƌĞĚŝŶƐƵƌĂŶĐĞĂŶĚĚŽĐƵŵĞŶƚĂƟŽŶŵĂǇĐŽŶƐƟƚƵƚĞĂŵĂƚĞƌŝĂůďƌĞĂĐŚ͘ c) ĚĚŝƟŽŶĂů/ŶƐƵƌĞĚŶĚŽƌƐĞŵĞŶƚĂŶĚWƌŝŵĂƌǇĂŶĚEŽŶ-ĐŽŶƚƌŝďƵƚŽƌǇ/ŶƐƵƌĂŶĐĞůĂƵƐĞ͘ Supplier ĂŐƌĞĞƐƚŽůŝƐƚ^ŽƵƌĐĞǁĞůů͕ŝŶĐůƵĚŝŶŐŝƚƐŽĸĐĞƌƐ͕ĂŐĞŶƚƐ͕ĂŶĚĞŵƉůŽǇĞĞƐ͕ĂƐĂŶĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚ ƵŶĚĞƌƚŚĞ^ƵƉƉůŝĞƌ͛ƐĐŽŵŵĞƌĐŝĂůŐĞŶĞƌĂůůŝĂďŝůŝƚǇŝŶƐƵƌĂŶĐĞƉŽůŝĐǇǁŝƚŚƌĞƐƉĞĐƚƚŽůŝĂďŝůŝƚǇĂƌŝƐŝŶŐ ŽƵƚŽĨĂĐƟǀŝƟĞƐ͕͞ŽƉĞƌĂƟŽŶƐ͕͟Žƌ͞ǁŽƌŬ͟ƉĞƌĨŽƌŵĞĚďǇŽƌŽŶďĞŚĂůĨŽĨ^ƵƉƉůŝĞƌ͕ĂŶĚƉƌŽĚƵĐƚƐ ĂŶĚĐŽŵƉůĞƚĞĚŽƉĞƌĂƟŽŶƐŽĨ^ƵƉƉůŝĞƌ͘dŚĞƉŽůŝĐǇƉƌŽǀŝƐŝŽŶ;ƐͿŽƌĞŶĚŽƌƐĞŵĞŶƚ;ƐͿŵƵƐƚĨƵƌƚŚĞƌ provide that coverage is primary and not excess over or contributory with any other valid, ĂƉƉůŝĐĂďůĞ͕ĂŶĚĐŽůůĞĐƟďůĞŝŶƐƵƌĂŶĐĞŽƌƐĞůĨ-ŝŶƐƵƌĂŶĐĞŝŶĨŽƌĐĞĨŽƌƚŚĞĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚƐ͘ d) tĂŝǀĞƌŽĨ^ƵďƌŽŐĂƟŽŶ͘ ^ƵƉƉůŝĞƌǁĂŝǀĞƐĂŶĚŵƵƐƚƌĞƋƵŝƌĞ;ďǇĞŶĚŽƌƐĞŵĞŶƚŽƌŽƚŚĞƌǁŝƐĞͿĂůůŝƚƐ ŝŶƐƵƌĞƌƐƚŽǁĂŝǀĞƐƵďƌŽŐĂƟŽŶƌŝŐŚƚƐĂŐĂŝŶƐƚ^ŽƵƌĐĞǁĞůůĂŶĚŽƚŚĞƌĂĚĚŝƟŽŶĂůŝŶƐƵƌĞĚƐĨŽƌůŽƐƐĞƐ ƉĂŝĚƵŶĚĞƌƚŚĞŝŶƐƵƌĂŶĐĞƉŽůŝĐŝĞƐƌĞƋƵŝƌĞĚďǇƚŚŝƐŐƌĞĞŵĞŶƚŽƌŽƚŚĞƌŝŶƐƵƌĂŶĐĞĂƉƉůŝĐĂble to ƚŚĞ^ƵƉƉůŝĞƌŽƌŝƚƐƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘dŚĞǁĂŝǀĞƌŵƵƐƚĂƉƉůǇƚŽĂůůĚĞĚƵĐƟďůĞƐĂŶĚͬŽƌƐĞůĨ-insured ƌĞƚĞŶƟŽŶƐĂƉƉůŝĐĂďůĞƚŽƚŚĞƌĞƋƵŝƌĞĚŽƌĂŶǇŽƚŚĞƌŝŶƐƵƌĂŶĐĞŵĂŝŶƚĂŝŶĞĚďǇƚŚĞ^ƵƉƉůŝĞƌŽƌŝƚƐ Packet Page. 1886 052725-PRM v052824 12 ƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘tŚĞƌĞƉĞƌŵŝƩĞĚďǇůĂǁ͕^ƵƉƉůŝĞƌŵƵƐƚƌĞƋƵŝƌĞƐŝŵŝůĂƌǁƌŝƩĞŶĞǆƉƌĞƐƐǁĂŝǀĞƌƐ ŽĨƐƵďƌŽŐĂƟŽŶĂŶĚŝŶƐƵƌĂŶĐĞĐůĂƵƐĞƐĨƌŽŵĞĂĐŚŽĨŝƚƐƐƵďĐŽŶƚƌĂĐƚŽƌƐ͘ e) hŵďƌĞůůĂͬǆĐĞƐƐ>ŝĂďŝůŝƚǇͬ^>&-/E^hZZdEd/KE͘ dŚĞůŝŵŝƚƐƌĞƋƵŝƌĞĚďǇƚŚŝƐAgreement can ďĞŵĞƚďǇĞŝƚŚĞƌƉƌŽǀŝĚŝŶŐĂƉƌŝŵĂƌǇƉŽůŝĐǇŽƌŝŶĐŽŵďŝŶĂƟŽŶǁŝƚŚƵŵďƌĞůůĂͬĞǆĐĞƐƐůŝĂďŝůŝƚǇ ƉŽůŝĐǇ;ŝĞƐͿ͕ŽƌƐĞůĨ-ŝŶƐƵƌĞĚƌĞƚĞŶƟŽŶ͘ 23) dĞƌŵŝŶĂƟŽŶĨŽƌŽŶǀĞŶŝĞŶĐĞ͘ Sourcewell or Supplier may terminate this Agreement upon 60 ĐĂůĞŶĚĂƌĚĂǇƐΖǁƌŝƩĞŶŶŽƟĐĞƚŽƚŚĞŽƚŚĞƌWĂƌƚǇ͘dĞƌŵŝŶĂƟŽŶƉƵƌƐƵĂŶƚƚŽƚŚŝƐƐĞĐƟŽŶǁŝůůŶŽƚƌĞůŝĞǀĞ ƚŚĞ^ƵƉƉůŝĞƌ͛ƐŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌany ƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚǁŝƚŚWĂƌƟĐŝƉĂƟŶŐ ŶƟƟĞƐƚŚƌŽƵŐŚƚŚĞĚĂƚĞŽĨƚĞƌŵŝŶĂƟŽŶ͕ŝŶĐůƵĚŝŶŐƌĞƉŽƌƟŶŐĂŶĚƉĂǇŵĞŶƚŽĨĂƉƉůŝĐĂďůĞ ĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͘ 24) dĞƌŵŝŶĂƟŽŶĨŽƌĂƵƐĞ͘ ^ŽƵƌĐĞǁĞůůŵĂǇƚĞƌŵŝŶĂƚĞƚŚŝƐŐƌĞĞŵĞŶƚƵƉŽŶƉƌŽǀŝĚŝŶŐǁƌŝƩĞŶŶŽƟĐĞŽĨ ŵĂƚĞƌŝĂůďƌĞĂĐŚƚŽ^ƵƉƉůŝĞƌ͘EŽƟĐĞŵƵƐƚĚĞƐĐƌŝďĞƚŚĞďƌĞĂĐŚŝŶƌĞĂƐŽŶĂďůĞĚĞƚĂŝůĂŶĚƐƚĂƚĞƚŚĞ ŝŶƚĞŶƚƚŽƚĞƌŵŝŶĂƚĞƚŚĞŐƌĞĞŵĞŶƚ͘hƉŽŶƌĞĐĞŝƉƚŽĨEŽƟĐĞ͕ƚŚĞ^ƵƉƉůŝĞƌǁŝůůŚĂǀĞϯϬĐalendar days ŝŶǁŚŝĐŚŝƚŵƵƐƚĐƵƌĞƚŚĞďƌĞĂĐŚ͘dĞƌŵŝŶĂƟŽŶƉƵƌƐƵĂŶƚƚŽƚŚŝƐƐĞĐƟŽŶǁŝůůŶŽƚƌĞůŝĞǀĞƚŚĞ^ƵƉƉůŝĞƌ͛Ɛ ŽďůŝŐĂƟŽŶƐƵŶĚĞƌƚŚŝƐŐƌĞĞŵĞŶƚĨŽƌany ƚƌĂŶƐĂĐƟŽŶƐĞŶƚĞƌĞĚǁŝƚŚWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐƚŚƌŽƵŐŚƚŚĞ ĚĂƚĞŽĨƚĞƌŵŝŶĂƟŽŶ͕ŝŶĐůƵĚŝŶŐƌĞƉŽƌƟŶŐĂŶĚƉĂǇŵĞŶƚŽĨĂƉƉůŝĐĂďůĞĚŵŝŶŝƐƚƌĂƟǀĞ&ĞĞƐ͘ ƌƟĐůĞϯ͗ ^ƵƉƉůŝĞƌKďůŝŐĂƟŽŶƐƚŽWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ dŚĞdĞƌŵƐŝŶƚŚŝƐƌƟĐůĞϯƌĞůĂƚĞƐƉĞĐŝĮĐĂůůǇƚŽ^ƵƉƉůŝĞƌĂŶĚĂWĂƌƟĐŝƉĂƟŶŐŶƟƚǇǁŚĞŶĞŶƚĞƌŝŶŐ ƚƌĂŶƐĂĐƟŽŶƐƵƟůŝǌŝŶŐƚŚĞ'ĞŶĞƌĂůdĞƌŵƐĞƐƚĂďůŝƐŚĞĚŝŶƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚ͘ƌƟĐůĞϭ'ĞŶĞƌĂůdĞƌŵƐ ĐŽŶƚƌŽůŽǀĞƌĂŶǇĐŽŶŇŝĐƚǁŝƚŚƚŚŝƐƌƟĐůĞ ϯ͘tŚĞƌĞƚŚŝƐDĂƐƚĞƌŐƌĞĞŵĞŶƚŝƐƐŝůĞŶƚŽŶĂŶǇƐƵďũĞĐƚ͕ WĂƌƟĐŝƉĂƟŶŐŶƟƚǇĂŶĚ^ƵƉƉůŝĞƌƌĞƚĂŝŶƚŚĞĂďŝůŝƚǇƚŽŶĞŐŽƟĂƚĞŵƵƚƵĂůůǇĂĐĐĞƉƚĂďůĞƚĞƌŵƐ. 1) YƵŽƚĞƐƚŽWĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐ͘ ^ƵƉƉůŝĞƌƐĂƌĞĞŶĐŽƵƌĂŐĞĚƚŽƉƌŽǀŝĚĞĂůůƉƌŝĐŝŶŐŝŶĨŽƌŵĂƟŽŶ ƌĞŐĂƌĚŝŶŐƚŚĞƚŽƚĂůĐŽƐƚŽĨĂĐƋƵŝƐŝƟŽŶǁŚĞŶƋƵŽƟŶŐƚŽĂWĂƌƟĐŝƉĂƟŶŐŶƟƚǇ͘^ƵƉƉůŝĞƌƐĂŶĚ WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐĂƌĞĞŶĐŽƵƌĂŐĞĚƚŽŝŶĐůƵĚĞĂůůĐŽƐƚƐƉĞĐŝĮĐĂůůǇĂƐƐŽĐŝĂƚĞĚǁŝƚŚŽƌŝŶĐůƵĚĞĚǁŝthin ƚŚĞ^ƵƉƉůŝĞƌƐƉƌŽƉŽƐĂůĂŶĚ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ ǁŝƚŚŝŶƚƌĂŶƐĂĐƟŽŶĚŽĐƵŵĞŶƚƐ. 2) ^ŚŝƉƉŝŶŐ͕ĞůŝǀĞƌǇ͕ĐĐĞƉƚĂŶĐĞ͕ZĞũĞĐƟŽŶ͕ĂŶĚtĂƌƌĂŶƚǇ͘ ^ƵƉƉůŝĞƌ͛ƐƉƌŽƉŽƐĂůŵĂǇŝŶĐůƵĚĞƉƌŽƉŽƐĞĚ ƚĞƌŵƐƌĞůĂƟŶŐƚŽƐŚŝƉƉŝŶŐ͕ĚĞůŝǀĞƌǇ͕ŝŶƐƉĞĐƟŽŶ͕ĂŶĚĂĐĐĞƉƚĂŶĐĞͬƌĞũĞĐƟŽŶ and other relevant terms ŽĨƚĞŶĚĞƌĞĚ^ŽůƵƟŽŶƐ͘^ƵƉƉůŝĞƌĂŶĚWĂƌƟĐŝƉĂƟŶŐŶƟƚǇŵĂǇŶĞŐŽƟĂƚĞĮŶĂůƚĞƌŵƐĂƉƉƌŽƉƌŝĂƚĞĨŽƌƚŚĞ ƐƉĞĐŝĮĐƚƌĂŶƐĂĐƟŽŶƌĞůĂƟŶŐƚŽnon-ĂƉƉƌŽƉƌŝĂƟŽŶ͕ƐŚŝƉƉŝŶŐ͕ĚĞůŝǀĞƌǇ͕ŝŶƐƉĞĐƟŽŶ͕ ĂĐĐĞƉƚĂŶĐĞͬƌĞũĞĐƟŽŶŽĨƚĞŶĚĞƌĞĚ ^ŽůƵƟŽŶƐ͕ĂŶĚǁĂƌƌĂŶƚǇĐŽǀĞƌĂŐĞĨŽƌ/ŶĐůƵĚĞĚ^ŽůƵƟŽŶƐ͘^ƵĐŚ terms may include, but are not lŝŵŝƚĞĚƚŽ͕ĐŽƐƚƐ͕ƌŝƐŬŽĨůŽƐƐ͕ƉƌŽƉĞƌƉĂĐŬĂŐŝŶŐ͕ŝŶƐƉĞĐƟŽŶƌŝŐŚƚƐĂŶĚ ƟŵĞůŝŶĞƐ͕ĂĐĐĞƉƚĂŶĐĞŽƌƌĞũĞĐƟŽŶƉƌŽĐĞĚƵƌĞƐ͕ĂŶĚƌĞŵĞĚŝĞƐĂƐŵƵƚƵĂůůǇĂŐƌĞĞĚŝŶĐůƵĚĞŶŽƟĐĞ ƌĞƋƵŝƌĞŵĞŶƚƐ͕ƌĞƉůĂĐĞŵĞŶƚ͕ƌĞƚƵƌŶŽƌĞǆĐŚĂŶŐĞƉƌŽĐĞĚƵƌĞƐ͕ĂŶĚĂƐƐŽĐŝĂƚĞĚĐŽƐƚƐ͘ 3) ƉƉůŝĐĂďůĞdĂǆĞƐ͘ WĂƌƟĐŝƉĂƟŶŐŶƟƚǇŝƐƌĞƐƉŽŶƐŝďůĞĨŽƌŶŽƟĨǇŝŶŐƐƵƉƉůŝĞƌŽĨŝƚƐƚĂǆ-exempt status and ĨŽƌƉƌŽǀŝĚŝŶŐ^ƵƉƉůŝĞƌǁŝƚŚĂŶǇǀĂůŝĚƚĂǆ-ĞǆĞŵƉƟŽŶĐĞƌƟĮĐĂƟŽŶ;ƐͿŽƌƌĞůĂƚĞĚĚŽĐƵŵĞŶƚĂƟŽŶ͘ 4) KƌĚĞƌŝŶŐWƌŽĐĞƐƐĂŶĚWĂǇŵĞŶƚ͘ ^ƵƉƉůŝĞƌ͛ƐŽƌĚĞƌŝŶŐƉƌŽĐĞƐƐĂŶĚĂĐĐĞƉƚĂďůĞĨŽƌŵƐŽĨƉĂǇŵĞŶƚĂƌĞ ŝŶĐůƵĚĞĚǁŝƚŚŝŶŝƚƐWƌŽƉŽƐĂů͘WĂƌƟĐŝƉĂƟŶŐŶƟƟĞƐǁŝůůďĞƐŽůĞůǇƌĞƐƉŽŶƐŝďůĞĨŽƌƉĂǇŵĞŶƚƚŽ^ƵƉƉůŝĞƌ ĂŶĚ^ŽƵƌĐĞǁĞůůǁŝůůŚĂǀĞŶŽůŝĂďŝůŝƚǇĨŽƌĂŶǇƵŶƉĂŝĚŝŶǀŽŝĐĞŽĨĂŶǇWĂƌƟĐŝƉĂƟŶŐŶƟƚy. 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KDGKDQGVLJQHGWKH3URSRVDO7KLVVLJQDWXUHZLOOQRWEHGHQLHGVXFKOHJDOHIIHFWYDOLGLW\RUHQIRUFHDELOLW\VROHO\EHFDXVHDQHOHFWURQLF VLJQDWXUHRUHOHFWURQLFUHFRUGZDVXVHGLQLWVIRUPDWLRQ.ULVW\Q<RXQJ'LUHFWRURI0DUNHWLQJ3XEOLF5HVWURRP&RPSDQ\ Bid Number: RFP 052725 Vendor Name: Public Restroom Company Packet Page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id Number: RFP 052725 Vendor Name: Public Restroom Company Packet Page. 1910 Attachment 3 Location Map 200 ft N ➤➤ N Packet Page. 1911 3 3 3 4 DISCUSSION June 3, 2026 Honorable Mayor and City Council Members Gabriel Elliott, Director of Community Development & Housing Community Development & Housing It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the oral report on the Commercial Cannabis Regulatory Program. No recommendation. This is an annual report of the permitted commercial cannabis businesses from 2023/2024 through 2025/2026. This agenda item is an overview of the status of the City of San Bernardino’s Commercial Cannabis Regulatory Program. The city currently has 16 permitted commercial cannabis businesses across retail, microbusiness, and cultivation operations, with one operator ceasing operations following permit revocation. From FY 2023/2024 through FY 2025/2026, the program has generated approximately $680,000 in regulatory fees and $7.9 million in cannabis tax revenue. Overall, the program remains stable and compliant, with minimal cannabis-related crime, 100% operator audit compliance in 2025, and continued enhancements to support industry accountability and growth. The San Bernardino Municipal Code Chapter 5.10 establishes the regulations and standards for Commercial Cannabis Business (CCB) activities in the City. The City Council initially adopted Chapter 5.10 through Ordinance MC-1464 in March 2018. In October 2018, the City Council amended Chapter 5.10 with Ordinance MC-1503. The City Council then adopted Resolution 2018-227 to place Ordinance MC-1503 on the November 2018 ballot for voter approval. In November 2018, the voters approved Packet Page. 1912 3 3 3 4 Ordinance MC-1503. Under Chapter 5.10, to operate a Commercial Cannabis Business in the City, a person must obtain a valid CCB Permit from the City and a valid license from the California Department of Cannabis Control (SBMC § 5.10.060). The city offers six types of permits: cultivation; distribution; manufacturing; microbusiness; retail; and testing . (SBMC § 5.10.060). Chapter 5.10 currently caps the number of Commercial Cannabis Business Permits that the City may issue at 17 retail and unlimited for all other license types. Discussion Current Status of Permits Currently, the city has 16 commercial cannabis businesses, comprised of 8 retail locations, 6 microbusinesses with a retail component and 2 cultivation facilities. In April 2025, staff had been notified by the California Department of Tax and Fee Administration (CDTFA) that they intended to revoke the seller’s permit issued to SB Pharma Holdings, LLC DBA The Row House, located at 1975 Diners Court. On July 30, 2025, SB Pharma was issued formal notice that their permit had been revoked. On August 4, 2025, the city’s Business Registration Department conducted a site inspection and confirmed The Row House had closed their doors and were closed for business. Issued Cannabis Business Permits CBP #Business Name DBA Business Address License Type State License #Date Issued 19-001 Blunt Bros.Packs 2211 S. Hunts Lane, Suites K, L, M, N O Micro (R/DL/D/NEM)C12-0000380 10/2/2019 20-002 Pure San Bernardino Haven 164 W. Redlands Blvd Micro (R/DL/C/M/D)C10-0000311 7/23/2020 20-003 Nibble Easy Stiiizy 1181 S. E Street Micro (R/M/D)C12-0000370 8/12/2020 20-004 JIVA SBD LLC Cookies 494 W. Orange Show Lane, Suite A, D & E Retail C10-0000742 9/22/2020 21-001 Nibble 390H LLC Stiiizy 390 N. H Street Micro (R/M/D)C12-0000340 1/26/2021 21-002 Sb License 01, LLC Captain Jacks 100 W. Hospitality Lane Retail C10-0000074 9/21/2021 21-003 Shatter, LLC Shatter 350 W. 5th Street, Suite 100 Retail C10-0000542 9/21/2021 22-002 Central Avenue Nursery, LLC Sky Club 723 S. Allen St Micro (R/C/D)C12-0000417 5/2/2022 22-003 RD San Bernardino LLC Higher Ground 240 E. Redlands Blvd.Retail C10-0001021 6/8/2022 22-004 PTRE Management Culture 225 S. Airport Dr Retail C10-0000718 7/19/2022 22-005 GWC Real Estate Services, LLC Joshua's Healing Garden 741 S. Lugo Ave Cultivation CCL19- 0003786 12/22/2022 23-001 Accessible Options LLC 151 N E St Cultivation CCL21- 0005196 6/8/2023 23-002 Catalyst - San Bernardino LLC EEL Holdings, LLC Catalyst 506 W. Inland Center Drive Retail C10-0001359 8/9/2023 23-004 Ashe Society SB, LLC.ASHE 444 N. H Street Retail (DL)C10-0001116 12/19/2023 24-002 SOCA Farms, LLC Gray Market 654 S. Lincoln Avenue Micro (R/C/D)C12-0000475 3/12/2024 25-001 RZNHEAD Backpack Boyz 1090 S. Arrowhead Ave Retail C10-0001460 4/14/2025 Total 16 Packet Page. 1913 3 3 3 4 Revenues The Commercial Cannabis Regulatory Program Applicants are required to pay fees to recover the City’s costs in processing applications, permits, inspections and audits. The program also requires quarterly Cannabis Tax payments that are incorporated into the General Fund and get allocated to projects where it is most needed in the community, such as police services, road repairs, parks and libraries. From Fiscal Year 2023/2024 through the current Fiscal Year 2025/2026, the Commercial Cannabis Program has generated just over $680,000 in application and annual regulatory fees. Revenues in FY 2023/2024 and FY 2024/2025 appear elevated due to variances between adopted budget projections and year-to-date actuals, as well as an increase in application fees associated with three-year operator renewals. Revenue in the current fiscal year reflects a temporary decrease, as regulatory fee payments from several operators are still pending. From Fiscal Year 2023/2024 through the current Fiscal Year 2025/2026, the program has also generated approximately $7.9 million in Commercial Cannabis Tax revenue. The decline in tax revenue between FY 2024/2025 and FY 2025/2026 is primarily attributed to outstanding reporting and remittance from several operators, in addition to the revocation of SB Pharma Holdings, LLC. 133.69% 56.19% -27.14% $0.00 $50,000.00 $100,000.00 $150,000.00 $200,000.00 $250,000.00 $300,000.00 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Adopted Budget YTD Transactions Anticipated Cannabis Revenues Packet Page. 1914 3 3 3 4 Cannabis Crime Stats The Police Department, through the Crime View Dashboard database, tracks the crime statistics throughout all 219 reporting districts within the city limits. Staff maintains contact with the Police Department as it relates to confirming crime at the City’s current active and operating CCB’s as part of meeting the Commercial Cannabis Regulatory program requirements. The Police Department ran an incident analysis report on cannabis related calls for service from April 2024 to April of 2026, and the calls consisted mainly of false alarms, collision reports, vandalism and other unrelated calls, not associated with the cannabis operations themselves. In the last almost 2 years, there have only been two significant calls for service for theft at a licensed dispensary. Annual Regulatory Inspections & Financial Audits In December 2024, the City of San Bernardino entered into contract with Tetra Growth Systems DBA Canna Business Services for Regulatory Compliance Inspections and Annual Financial Audits. By December of 2025, all operators have completed their inspections and audits, and all 15 active operators were found to be 100% compliant. Compliance Inspections & Financial Audits are beginning again in June of 2026 and are estimated to be completed in November of 2026. 7.81% -9.34% -45.64% $0.00 $500,000.00 $1,000,000.00 $1,500,000.00 $2,000,000.00 $2,500,000.00 $3,000,000.00 $3,500,000.00 $4,000,000.00 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Adopted Budget YTD Transactions Anticipated Cannabis Tax Revenue Packet Page. 1915 3 3 3 4 Continued Program Growth Starting in January 2026, Canna Business Services collaborated with the City of San Bernardino to offer additional resources to all permitted operators. These resources included A Quick Audit Guide, a document designed to help operators become prepared for their upcoming inspection and audit, and Live METRC Workshops designed to offer zero cost training to operators and their staff for a State mandated cannabis Track and Trace platform. Strategic Targets and Goals The Annual Update on the Commercial Cannabis Regulatory Program is consistent with Key Target No 1: Improved Operational & Financial Capacity. Specifically, the multiple streams of revenue through Regulatory Fees, Cannabis Tax and Cannabis Sales Tax provide a long-term revenue source. Commercial Cannabis Regulatory Program Applicants are required to pay application fees to recover the City’s costs in processing permits, conducting inspections, along with Cannabis Tax and Cannabis Sales Tax. The Cannabis Tax Revenue stream goes to improvements throughout the city as allocated through the budget process. Fiscal Impact There is a positive impact to the General Fund derived from the application fees collected as part of the Commercial Cannabis Regulatory Program Applicants. These fees, estimated to be over $240,000 annually, recover the City’s costs in processing the permits, along with Cannabis Tax and Cannabis Sales Tax. To date, the city has collected over $18M in application and regulatory fees and cannabis tax revenues. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the oral report on the Commercial Cannabis Regulatory Program. Attachments Attachment 1 Cannabis Regulatory Program Update 2026 Power Point Ward: All Wards Synopsis of Previous Council Actions: March 17, 2018 – Mayor and City Council adopted Ordinance MC-1464 establishing regulations and standards for Commercial Cannabis. August 1, 2018 – Mayor and City Council adopted Resolution No. 2018-277 placing Ordinance No. MC-1499 establishing Cannabis Tax on the November ballot which was approved by the voters. August 17, 2022 – Mayor and City Council received and filed an Annual Update on the Commercial Cannabis Regulatory Program. Packet Page. 1916 3 3 3 4 November 1, 2023 – Mayor and City Council received and filed an Annual Update on the Commercial Cannabis Regulatory Program. June 5, 2024 – Mayor and City Council received and filed an Annual Update on the Commercial Cannabis Regulatory Program. CC: Eric Levitt, City Manager Packet Page. 1917 2026 Cannabis Update Presented by: Gabriel Elliott, Community Development & Housing Director Stephanie Castro, Economic Development Project Manager Packet Page. 1918 Current Status 16 Commercial Cannabis Businesses •8 Stand Alone Retail •6 Micro with Retail •2 Cultivation 3 Revocations 2 Forfeitures CBP #Business Name DBA Business Address License Type Date Issued 19-001 Blunt Bros Packs 2211 S. Hunts Lane, Suites K, L, M, N O Micro (R/M/D)10/2/2019 20-002 Pure Dispensaries Haven 164 W. Redlands Blvd Micro (R/C/M/D)7/23/2020 20-003 Nibble Easy Stiiizy 1181 S. E Street Micro (R/M/D)8/12/2020 20-004 JIVA Cookies 494 W. Orange Show Lane, Suite A, D & E Retail 9/22/2020 21-001 Nibble 390H Stiiizy 390 N. H Street Micro (R/M/D)1/26/2021 21-002 Captain Jacks 100 W. Hospitality Lane Retail 9/21/2021 21-003 Shatter 350 W. 5th Street, Suite 100 Retail 9/21/2021 22-002 Central Avenue Nursery Sky Club 723 S. Allen St Micro (R/C/D)5/2/2022 22-003 RD San Bernardino Higher Ground 240 E. Redlands Blvd Retail 6/8/2022 22-004 PTRE Management Culture 225 S. Airport Dr Retail 7/19/2022 22-005 GWC Real Estate Joshua's Healing Garden 741 S. Lugo Ave Cultivation 12/22/2022 23-001 Accessible Options 151 N E St Cultivation 6/8/2023 23-002 EEL Holdings, LLC Catalyst 506 W. Inland Center Drive Retail 8/9/2023 23-004 Ashe Society SB, LLC.ASHE 444 N. H Street Retail 2/23/2024 24-002 SOCA Farms, LLC 654 S. Lincoln Avenue Micro (R/C/D)3/12/2024 25-001 RZNHEAD Backpack Boyz 1090 S. Arrowhead Ave Retail 4/14/2025 Total 16 Packet Page. 1919 Revenues FY 23/24 – FY 25/26 Brought in over $680,000 in •Application Fees •Annual Regulatory Fees •Livescans & Backgrounds Current FY – temporary decrease due to pending fee collections. Packet Page. 1920 Revenues - Taxes FY 23/24 – $3.0M Anticipated $3.2M Collected FY 24/25 – $3.4M Anticipated $3.1M Collected FY 25/26 – $3.2M Anticipated $1.5M Collected so far Packet Page. 1921 Crime Stats 219 Reporting Districts within City Limits 16 Permitted Locations 144 Total Calls for Service False Alarms, Collision Reports, Vandalism and other related calls 21 Reports Taken 1 incident of theft at a licensed dispensary Packet Page. 1922 Task Force 53 Elicit & Illegal Closures •Marijuana Dispensaries •“Seshs” •Indoors Grows Work done in collaboration with San Bernardino Police Department and other State agencies, including the California Department of Tax & Fee Administration (CDTFA) •18 Open and ongoing investigations •4 Confirmed active locations •12 Vacant, going through permitting process •2 Require follow up Packet Page. 1923 San Bernardino Full Financial & Compliance Audit Analysis Prepared by Canna Business Services Packet Page. 1924 San Bernardino | Canna Business Services Program Overview & SWOT Analysis S T Strengths: Clear local taxation structure (SBMC 5.18); proactive buffer zones (600ft+ for sensitive uses); existing partnership for operator vetting W Weaknesses: High rate of "State-Minimum" compliance (local rules overlooked); lack of easily accessible administrative documentation (Alarm/Surveillance contracts); lack of split-ledger reporting (cannabis vs. non-cannabis revenue) O Opportunities: Revenue recovery via identifing discrepancies between taxes paid and taxes owed; standardizing municipal oversight through uniform regulatory signage and emergency readiness protocols Threats: Market saturation; unreported ownership or management changes (integrity risk); illicit delivery services impacting local retail Packet Page. 1925 San Bernardino | Canna Business Services Key Program Metrics Total Active Operators Operational Compliance Total Tax Collected (YTD)Outstanding Tax Due Primary Risk Areas: Facility security integrity (hardware maintenance) and administrative recordkeeping (on-site contract and map accessibility). 15 100%* *following CBS & SAX corrective actions $2,857,612.40 $106,531.42 Packet Page. 1926 Operational Baseline Executive Program Summary (May-Nov 2025) San Bernardino | Canna Business Services San Bernardino operators demonstrate strong foundational compliance in physical security, armed deterrence, and odor mitigation Inventory Physical Accuracy Targeted spot checks confirmed a 100% physical-to-digital match for all on-hand stock currently in production Metric Data Reconciliation Identified a consistent need for digital ledger cleanup at cultivation sites to reconcile residual records (active Metrc packages for product no longer on-site) Local Ordinance Gaps While foundational compliance is high, most facilities demonstrated omissions in San-Bernardino- specific technical or administrative mandates Corrective Action Plan Established and implemented a three-tier action item prioritization framework to drive operational effectiveness and improvement Packet Page. 1927 Operational Action Items San Bernardino | Canna Business Services Immediate: Critical Integrity Risks Surveillance Interference, Security Blind Spots, Inventory Reconciliation, Unauthorized Access Risk, and Unverified Indemnification Priority: Revenue Recovery & Operational Value Tax Base Protection, Revenue Stream Separation, Municipal Liability Shield, Enforcement Efficiency Ongoing: Standardization Measures Surveillance Standardization, Uniform Signage, Safety and SOP development, Audit implementation plan Packet Page. 1928 Financial Compliance: Auditor Objectives San Bernardino | Canna Business Services Goal: Ensure reported gross receipts align with internal POS and ledger data. Focus: Accuracy of tax calculations and reported business metrics. Revenue & Tax Reconciliation Goal: Verify that all tax liabilities were remitted accurately and on time. Focus: Documentation of payments and adherence to municipal deadlines. Payment & Filing Compliance Goal: Evaluate the security and integrity of financial workflows. Focus: Cash management procedures and sales transaction controls via observation and interviews. Operational Control Review Packet Page. 1929 Financial Findings San Bernardino | Canna Business Services Common Non-Compliant Financial Areas: •Inaccurate Tax Reporting •Improper Completion of Tax Remittance Forms •Lack of Supporting Documentation •Canopy Square Footage - documentation between the City and operator would be helpful for verification •Payment Timing & Penalty Risk •Reconciliation Gaps between POS Systems and Tax Filings Areas of Strong Compliance: •Accurate and consistent financial reporting •Well-maintained POS/accounting systems •Proper reconciliation between records and tax filings *These examples show that strong compliance practices are achievable and can serve as a benchmark* Packet Page. 1930 Enforcement Summary San Bernardino | Canna Business Services CBS & SAX noted all non-compliant areas and assisted all operators into compliance, leaving ZERO operators non- compliant •Minor gaps were identified during all inspections - no operator was exempt proving a thorough audit and inspection •Common main issues as seen, included: Signage, labeling, visitor management, storage, video surveillance, administrative documentation and financial reporting •All identified issues were addressed through corrective measures and required action items to achieve audit approval and final completion •CBS oversaw and verified that all corrective actions were properly implemented and documented in partnership with the City •Implementing these steps will reinforce long-term compliance and improve overall operational resilience Packet Page. 1931 Thank you. Prepared by Canna Business Services Packet Page. 1932 Recommendation: It is recommended that the Mayor and City Council receive and file this update. Packet Page. 1933 QUESTIONS? Packet Page. 1934 3 1 3 2 DISCUSSION June 3, 2026 Honorable Mayor and City Council Members Lynn Merrill, Director of Public Works Public Works It is recommended that the Mayor and City Council of the City of San Bernardino, California; 1. Adopt Resolution No 2026-066 rejecting construction bids for the University Parkway landscape Median project; and 2. Direct staff to proceed with rebidding the project using the existing, DWR approved design; or 3. Direct staff to conduct a new design process for the University Parkway landscaping project; or 4. Provide other directions as appropriate. The City Manager recommends rejection of all bids due to the withdrawal of the lowest responsive bidder. Staff requests direction from the City Council regarding whether the project should be rebid or whether staff should return with an alternative project proposal for consideration. It is recommended that the Mayor and the City Council reject the bid from HL. Hitchcock Construction. Inc. in the amount of $1,011,835.00. Following the bid opening and subsequent discussions, the apparent lowest responsive and responsible bidder, H.L. Hitchcock Construction, Inc., formally withdrew its bid citing current market Packet Page. 1935 3 1 3 2 conditions and price escalation as the basis for its withdrawal. As a result, the bid is no longer valid for award, and staff recommends rejection of the bid and authorization for the City to determine the most appropriate path forward for the project. Background University Parkway is identified as a major arterial roadway in the City’s General Plan Circulation Element. Previously terminating at 16th Street, it has recently been extended south to Baseline Street as part of the first phase of a larger, four-phase project. The goal is to extend University Parkway further south to connect with Foothill Boulevard. However, the total cost of completing all phases exceeds the City’s available resources, and future grant funding will be essential to fully implement the project. The budget for the University Parkway Extension (Phase 1) was previously established through the adopted Fiscal Year 2021/22 Capital Improvement Plan using Regional Circulation System Funds. Additional funds were added during the Fiscal Year 2022/23 budget adoption process, bringing the total allocated funds to $8,500,000. The remaining funds from the construction of University Parkway Extension (Phase 1) are $1,181,374.92, which is recommended to be used for the Median and Streetscape Improvements. On December 5, 2018, the Mayor and City Council adopted Resolution No. 2018-310 approving an agreement with Engineering Resources of Southern California (ERSC) to provide Environmental Clearance under the California Environmental Quality Act (CEQA) and preparation of Plans, Specifications, and Estimates (PS&E) for University Parkway extension between Baseline Street and 16th Street. This agreement and the subsequent 5 amendments which also included design and construction support for the Median and Streetscape Improvements total $384,977.00. On August 17, 2022, the Mayor and City Council adopted Resolution No. 2022-185, approving the award of a construction contract for State Street Extension, Phase I to Riverside Construction Company in the amount of $7,436,165, authorizing the amendment of the FY2022/2023 Capital Improvement Plan Budget in the Regional Circulation System fund to allocate an additional $3,039,786 to the State Street Extension Project from the Regional Circulation System Fund 264, and to authorize a total $8,500,000 for the project, that included $763,835 for construction contingencies and $300,000 for Engineering and Inspections. On January 21, 2026, staff presented a recommendation to the Mayor and City Council to approve an award of $1,011,835.00 for University Parkway Extension – Median & Streetscape Improvements to Phase I Landscaping, including a contingency of $118, 000.00 for a total of $1,129,835.00. Funding was from the Regional Circulation Fund. The proposed work included additional landscaping not originally included during Packet Page. 1936 3 1 3 2 Phase I construction. The landscape plans were delayed for several months, due to the necessity of securing review and approval of the plans by the Department of Water Resources that operates a 96-inch water line between Devil’s Canyon and the Diamond Valley directly under the University Parkway right-of-way. During the January 21, 2026 Mayor and City Council meeting, the Council had significant questions and concerns relating to the award of the contract; and subsequently motioned to continue the award to a future council meeting. Prior to staff returning the item to the Council timely, the proposed vendor, HL Hitchcock Construction, Inc., notified staff that they were withdrawing their bid, due to current market conditions and material price escalations. Discussion The University Parkway Extension – Median & Streetscape Improvements project involves building a median from Hanford Street to 16th Street; landscaping and automatic irrigation of the median and both sides of the parkway from 16th street to Baseline Street and changing the streetlights to solar along this segment of the roadway. The landscape component is a key visual and functional element of the median design for this stretch of the roadway, enhancing aesthetics, safety, and long- term corridor identity. The original construction bid for the work completed in December 2023, included the construction of a raised median with 4-inch stamped concrete from 16th Street to Baseline Street, but did not include additional landscaping along either side of the University Street Extension. The bid line-item cost for this raised median was $224,000.00 and was completed by the original contractor timely and to specifications. The proposed new work contemplated for award includes the following: 1. Construction of irrigation system per plans. 2. Installation of 110 24-inch box trees along the street 3. Installation of landscape and shrubs per design. 4. Removal and replacement of 15 existing electric streetlights with solar streetlights. During the January 21, 2026, Mayor and City Council meeting, Council members raised the following concerns: 1.Estimated cost of proposed work of $1.1 million for landscaping. The total project encompasses approximately 113,000 square feet of new landscaping, including site preparation, soil amendment, plant materials, mulches and other costs. This would result in a cost of approximately $9.74 per square foot for the entire project scope. 2.Source of funding for the proposed work and whether the funds could be Packet Page. 1937 3 1 3 2 used elsewhere in the City. The source of funding for the proposed work is the Regional Circulation Fund. The funding is restricted to enhancing regional circulation, of which the University Parkway project meets this requirement. This funding is not new funding; it is use of the remaining available balance of $8,500,000 as approved by the Mayor and City Council in 2022. 3. Direction given to remove the stamped concrete in the Center median. Due to changes in staff that have occurred, it has not been possible to determine how the direction to remove the stamped concrete was given, and how the work was accomplished. 4.Proposed cost of maintenance of proposed landscaping. Based on current maintenance costs for both Landscape Maintenance Districts and Community Facilities Districts, as determined by the Operations and Maintenance Department, the estimated cost for maintenance is $66,000 per year, or approximately $0.58 per square foot for the entire year. This is after the 90-day establishment period by the contractor. The original project approved in 2018 was planned to occur in four phases. See diagram below: Packet Page. 1938 3 1 3 2 Packet Page. 1939 3 1 3 2 The proposed landscaping plan is shown below, and consists of 110, 24-inch Red Push Pistache boxed trees, as well as various drought tolerant plants such as Centennial Baccharis, Dwarf Coyote Bush and Ground Morning Glory. Irrigation would include all controllers, piping and emitter heads, including drip as appropriate. Packet Page. 1940 3 1 3 2 Details of Budget Below: Project Regional Circulation Funds $1,181,374.92 Engineering Resources of Southern CA Design Amendment No. 5 -$42,459.84 Staff and Administrative Cost -$8,464.22 Remaining Project Funds $1,130,450.86 Project Cost $1,011,835.00 Contingency $118,000.00 Total Project Cost $1,129,835.00 The landscape and irrigation improvements included as part of the University Parkway Extension project will be installed by the contractor and maintained for a standard 90- day establishment period as required under the construction contract. Once this period concludes, ongoing landscape maintenance responsibilities will be transferred to the City’s landscape maintenance vendor as part of the regular contract scope. The annual cost provided by the City’s existing landscape maintenance vendor to maintain the new landscaped median is estimated at $66,000. To support this transition, staff will return to the City Council with a contract amendment to increase the vendor’s agreement and incorporate this corridor into the monthly maintenance schedule. At the January 21, 2026 Mayor and City Council meeting, the City Council reviewed the item and directed staff to continue the matter to the February 18, 2026 Mayor and City Council meeting. The continuance was requested to allow staff additional time to evaluate the bids received, assess current market conditions and cost escalation, and return with a comprehensive recommendation on how to proceed with the project. However, due to an extended award period and continued market escalation, the lowest responsible bidder formally withdrew its bid. Proceeding with the second lowest bidder was not feasible because available project funding of approximately $1,130,450 is insufficient to cover the construction cost plus the City’s standard 15% contingency. Staff is therefore requesting Council’s direction regarding the following options upon rejection of the existing bid process: 1. Direct staff to rebid the project as designed. 2. Direct staff to redesign the project to reduce future maintenance costs. 3. Other directions as provided. It is important to note that any redesign of the project would require soliciting new designs at an additional cost, as well as time delays to allow for a new review with the Department of Water Resources of the new design. This may delay the construction of the project for another two years before potential award of construction contract. Packet Page. 1941 3 1 3 2 2021-2025 Strategic Targets and Goals The contract aligns with Key Target No. 3d: Improved Quality of Life. Approval of this resolution and direction from the City Council will result in a project that will improve the City’s appearance, cleanliness and traffic circulation. There is no fiscal impact related to the adoption of this resolution since it is solely funded by the Regional Circulation Fund. It is recommended that the Mayor and City Council of the City of San Bernardino, California; 1. Adopt Resolution No 2026-066 rejecting construction bids for the University Parkway landscape Median project; and 2. Direct staff to proceed with rebidding the project using the existing, DWR approved design; or 3. Direct staff to conduct a new design process for the University Parkway landscaping project; or 4. Provide other directions as appropriate. Attachment 1 Resolution No. 2026-066 Ward 6 January 21, 2026, Mayor and City Council considered award of contract to H L Hitchcock Construction, Inc. and continued item. August 17, 2022, Mayor and City Council adopted Resolution No. 2022-185 Authorizing construction, construction contingencies and inspection costs in the total amount of $8,500,000 for University Parkway Extension project (Phase 1). December 5, 2018 Mayor and City Council adopted Resolution No. 2018-310 approving an agreement with ERSC to provide Environmental Clearance under the California Environmental Quality Act (CEQA) and preparation of Plans, Specifications, and Estimates (PS&E) for University Parkway extension between Baseline Street and 16th Street in the amount of $204,533. Packet Page. 1942 3 1 3 2 December 4, 2019 Mayor and City Council adopted Resolution 2019-347 approving the First Amendment to the Professional Services Agreement with ERSC to increase compensation by $24,681 for University Parkway extension. September 2, 2020 Mayor and City Council adopted Resolution 2020-214 approving the Second Amendment to the Professional Services Agreement with ERSC to increase compensation by $6,048 for University Parkway extension. June 1, 2022 Mayor and City Council Approved Resolution 2020-214 approved the Third Amendment to the Professional Services Agreement with ERSC to increase compensation by $31,248 for University Parkway extension. August 16, 2023 Mayor and City Council authorized the City Manager to execute Amendment No. 4 to the Professional Services Agreement with ERSC, adding engineering and construction support services in the amount of $83,485 to the agreement. August 6, 2025 Mayor and City Council authorized the City Manager to execute Amendment No. 5 to the Professional Engineering Services Agreement with Engineering Resources of Southern California (ERSC), adding design and construction support services, including surveying in the amount of $34,982.00 CC: Eric Levitt, City Manager Packet Page. 1943 Resolution No. 2026-066 Resolution No. 2026-066 June 3, 2026 Page 1 of 3 RESOLUTION NO.2026-066 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REJECTING BIDS FOR THE UNIVERSITY PARWKWAY LANDSACPE MEDIAN PROJECT WHEREAS, The City of San Bernardino (City) advertised and solicited sealed bids for the University Parkway Landscape Median Project (Project) in accordance with applicable City procurement requirements; and WHEREAS, Bids for the Project were received and publicly opened, and H.L. Hitchcock Construction, Inc. was identified as the apparent lowest responsive and responsible bidder with a bid amount of $1,011,835.00; and WHEREAS, Following the bid opening, the apparent low bidder formally withdrew its bid and declined to enter into a construction contract, citing market conditions and construction cost escalation; and WHEREAS, As a result of the bid withdrawal, the bid is no longer valid for award and proceeding with the remaining bids would exceed available project funding and/or would not be in the best interest of the City; and WHEREAS, At the January 21, 2026 Mayor and City Council meeting, the City Council reviewed the item and directed staff to continue the matter to a future Mayor and City Council meeting to allow additional time for evaluation and to return with a recommendation; and WHEREAS, Pursuant to the City’s procurement authority, the Mayor and City Council may reject any or all bids when it is determined to be in the best interest of the City to do so. 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 and directed to reject all bids for project entitled University Parkway Extension Median & Street Scape Improvements, pursuant to California Public Contract Code Section 20166 and San Bernardino Municipal Code Section 3.04.070(E) . SECTION 3. 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 Packet Page. 1944 Resolution No. 2026-066 Resolution No. 2026-066 June 3, 2026 Page 2 of 3 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 to be invalid, such invalidity shall not affect other provisions or applications of the Resolution that can be given effect without the invalid provision or application. SECTION 5. Effective Date. This Resolution shall become effective immediately upon adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of June 2026. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page. 1945 Resolution No. 2026-066 Resolution No. 2026-066 June 3, 2026 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-066 adopted at a regular meeting held on the 3rd day of June 2026 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this____ day of __ 2026. Telicia Lopez, CMC, City Clerk Packet Page. 1946