CITY OF
Justin Beaver, Mayor
Chris Venable, Mayor Pro Tem
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
AGENDA
City Council
Successor Agency • Housing Authority
February 12, 2024
City Hall - City Council Chambers
34272 Yucaipa Blvd., Yucaipa, California
Chris Mann, City Manager
Steven Graham, City Attorney
Ana V. Sauseda, City Clerk
The City Council serves as the Board for the Yucaipa Successor Agency and Commission for the Yucaipa Housing Authority.
Public Comment will be called at the time and place noted on the Agenda below for the general public to address the City Council, Successor Agency and Housing Authority. Please complete a speaker's form and return it to the City Clerk prior to the beginning of the meeting. Public Comment will be conducted in accordance with the Rules of Procedure adopted pursuant to Resolution No. 2023-07. There is a three -minute time limit for speaking and time may not be ceded to another speaker.
Public Comment Via Mail or Email
Items must be submitted no later than three (3) business hours prior to the meeting at which the commenter seeks to provide comment. Public comment may be submitted via U.S. Mail to the City Clerk at 34272 Yucaipa Blvd., Yucaipa, CA 92399 or via email to publiccomment(d),yucaipa.gov. All mail and email correspondence will be archived, distributed to City Council, and retained as part of the public record; however, submissions will not be read out loud during the meeting. The subject line should specify "Public Comment" and include the date of the meeting.
Written public comment submitted on non -agenda items and on specific agenda items will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City's website at hgps://yucaipa.gov/agendas-minutes/. Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.
Live stream/recording of City Council meetings:
Members of the public may watch city council meetings live at: https://yucaipa.gov/live .
Possible Live Stream Disruptions:
While the City of Yucaipa strives for uninterrupted streaming, technical issues may occasionally occur. We ask for your understanding and patience should there be any disruptions during the live 02/12/2024 City Council Agenda 1
broadcast. We will work diligently to resolve any issues promptly, however, please be advised that the City Council meeting may continue in person while such issues are resolved. Every attempt will be made for the meeting to be recorded and made available for viewing after its conclusion.
CLOSED SESSION — 5:00 PM
A. CONFERENCE WITH LEGAL COUNSEL - CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
Property: APN 029932185
City Negotiator: City Manager
Negotiating Parties: City of Yucaipa
Under Negotiation: Price and Terms for Disposition of Property by City B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Ana Sauseda v. George Sardeson, et al
San Bernardino Superior Court Case No. CIVSB2310343
OPEN SESSION — 6:00 PM
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
CHANGES TO THE AGENDA
SPECIAL PRESENTATION
YAPS Dog of the Month
Recognition of City Leaders Working Towards Health
Update on the Oriental Fruit Fly and Associated Quarantines
PUBLIC COMMENT
CONSENT AGENDA
The following Consent Agenda items are expected to be routine and non -controversial.
Council will act upon them, at one time, without discussion. Any Councilmember or staff member may request removal of an item from the Consent Agenda for discussion. The title is deemed to be read and further reading waived on any ordinance listed on the Consent Agenda for second reading and adoption.
Members of the City Council also sit as the Board for the Successor Agency and Commission for the Housing Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
02/12/2024 City Council Agenda
1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF FEBRUARY 5, 2024, JANUARY 22, 2024, AND THE CANCELLED MEETING MINUTES OF DECEMBER 25, 2023
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of February 5, 2024, January 22, 2024, and the Cancelled Meeting Minutes of December 25, 2023.
2. SUBJECT: SECOND READING OF ORDINANCE NO. 439
RECOMMENDATION: That the City Council approve the second reading of Ordinance No. 439, an ordinance of the City Council of the City of Yucaipa, California, Amending Chapter 7 (General Design Standards) of Division 7 (Sign Code) of the City of Yucaipa Development Code Regarding Temporary Signs
3. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE 2022 SEPTEMBER STORM EVENT
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of the 2022 September Storm Event.
4. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO
TROPICAL STORM HILARY
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of Tropical Storm Hilary.
5. SUBJECT: MONTHLY TREASURER'S REPORT DECEMBER 2023
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for December 2023.
6. SUBJECT: AWARD OF CONTRACT — 2ND STREET AND 3RD STREET AT AVENUE E ROUNDABOUTS HARDSCAPE PHASE II PROJECT — PROJECT NO. 11165
RECOMMENDATION: That the City Council:
1. Award and authorize the City Manager to execute a contract, and the City Manager or his designee administer the terms of the contract to the lowest responsive bidder, Three Peaks Corporation of Calimesa, CA, in the amount of $89,217 for the 2nd Street and 3rd Street at Avenue E Roundabouts Hardscape Phase II Project — Project No. 11165 (Project); and
2. Approve the amounts of $9,000 for construction contract contingency and $4,500 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $102,717; and
3. Authorize the City Manager or his designee to administer the distribution of the contract contingency; and
4. Approve the plans and specifications prepared for this Project. 02/12/2024 City Council Agenda
7. SUBJECT: ACCEPTANCE OF CONTRACT WORK — 7TH STREET PICKLEBALL COURTS — CONCRETE FOOTINGS AND STEEL STRUCTURE/COVER
INSTALLATION PROJECT — PROJECT NO. 11150-2
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by Three Peaks Corporation in the amount of $187,031.52 for the 7th Street Pickleball Courts — Concrete Footings and Steel Structure/Cover Installation Project — Project No. 11150-2 (Project); and
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Accept the as -built plans for the Project.
8. SUBJECT: ACCEPTANCE OF CONTRACT WORK — CITY YARD PAVING AND HARDSCAPE PROJECT — PROJECT NO. 11190
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by Three Peaks Corporation in the amount of $576,133 for the City Yard Paving and Hardscape Project — Project No. 11190 (Project); and
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Accept the as -built plans for the Project.
9. SUBJECT: ACCEPTANCE OF CONTRACT WORK — 2022/2023 PAVEMENT REHABILITATION PROGRAM - PROJECT NO. 11186
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by Matich Corporation in the amount of $1,348,273 for the 2022/2023 Pavement Rehabilitation Program — Project No. 11186; and
2. Authorize the recordation of the Notice of Completion for the 2022/2023 Pavement Rehabilitation Program.
10. SUBJECT: ACCEPTANCE OF CONTRACT WORK — INSTALLATION OF ASPHALT SPEED HUMPS ON ADAMS STREET PROJECT - PROJECT NO. 11199 RECOMMENDATION: That the City Council:
1. Accept the contract work completed by NPG Corporation of Perris, CA. in the amount of $26,198 for the Installation of Asphalt Speed Humps on Adams Street Project - Project No. 11199 and;
2. Authorize the recordation of the Notice of Completion for the Project. 02/12/2024 City Council Agenda
11. SUBJECT: PURCHASE AUTHORIZATION — TRAFFIC SIGNAL EQUIPMENT FOR
THE OAK GLEN ROAD/LIVE OAK CANYON ROAD WIDENING PROJECT, COLORADO STREET TO OUTER HWY-10 SOUTH
RECOMMENDATION: That the City Council approve and authorize the City Manager to execute a purchase order/contract with Econolite, of Anaheim, CA in the amount of $31,224.98 (including tax) for the purchase of traffic signal equipment for the installation of a traffic signal at the intersection of Oak Glen Road and Colorado Street, as a part of the Oak Glen Road/Live Oak Canyon Road Widening Project, Colorado Street to Outer Hwy- 10 South Project.
12. SUBJECT: RESOLUTION APPROVING A REVISED RECORDS RETENTION
SCHEDULE
RECOMMENDATION: That the City Council Adopt Resolution No. 2024-03, approving a revised Records Retention Schedule for the City of Yucaipa and rescinding Resolution No. 2022-62.
DISCUSSION ITEMS
13. SUBJECT: RESOLUTION NO. 2024-02, APPROVING THE INFRASTRUCTURE
FINANCING PLAN (IFP) AND ALLOCATING A PORTION OF THE CITY'S
INCREMENTAL PROPERTY TAX REVENUE FOR THE YUCAIPA ENHANCED
INFRASTRUCTURE FINANCING DISTRICT (EIFD) AND AUTHORIZING THE
OTHER ACTIONS RELATED THERETO
RECOMMENDATION: That the City Council adopt Resolution No. 2024-02, approving the Infrastructure Financing Plan (IFP) and allocating a portion of the City's incremental property tax revenue for the EIFD and authorizing other actions related thereto.
14. SUBJECT: WILDWOOD CANYON ROAD AND INTERSTATE 10 FREEWAY INTERCHANGE PROJECT (PROJECT) — HDR CONTRACT AMENDMENT AND
SBCTA FUNDING AGREEMENT AMENDMENT FOR PA/ED
RECOMMENDATION: That the City Council:
1. Approve reallocation of approved project cost of $3,365,217 as follows:
a. Professional Services Contract - $3,268,840
b. Estimated Contract Administration - $96,377
Note: There is no change to the total approved project cost; and
2. Approve and authorize the City Manager to execute a contract amendment with HDR Engineering, Inc., in the amount of $228,623 for additional services associated with the preparation of the Project Approval and Environmental Document (PA/ED), bringing the total contact amount to $3,268,840; and
3. Authorize the Mayor to execute the Amendment No. 1 to Project Funding Agreement 20-1002294 with the San Bernardino County Transportation Authority (SBCTA) for the Project PA/ED, subject to SBCTA's final approval(s); and 02/12/2024 City Council Agenda C
4. Authorize an amendment to the funding mix included in FY 2023/2024 CIP, increasing the SBCTA funding for the Project to reflect additional funding from SBCTA with Agreement Amendment No. 1; and
5. Authorize the City Manager or his designee to administer the terms of the contract and agreements including approval of minor modifications to said contract and agreements.
15. SUBJECT: AN AMENDMENT TO THE AGREEMENT FOR THE JOINT EXERCISE
OF POWERS RELATIVE TO THE SAN BERNARDINO ASSOCIATED
GOVERNMENTS
RECOMMENDATION: That the City Council approve and authorize the Mayor to sign Amendment No. 4 to the Joint Exercise of Powers Agreement Relative to the San Bernardino Associated Governments (SANBAG) to change the name of the organization to the San Bernardino Council of Governments (SBCOG) and to remove the section that specifies the method for calculating membership dues to make the assessment a policy decision set by the Board of Directors.
16. SUBJECT: TRAILS AND OPEN SPACE COMMITTEE APPOINTMENT RECOMMENDATION: That the City Council:
1. Review the attached Citizen Service Applications and nominate one applicant for the At -Large Membership to the Trails and Open Space Committee; and
2. Vote on the appointment of the nominated applicant.
17. SUBJECT: 2024 MEMBERSHIP ON COUNCIL AD -HOC & STANDING
COMMITTEES
RECOMMENDATION: That the City Council:
1. Review the current 2024 Committees Roster and advise the City Clerk of any changes to current memberships; and
2. Appoint two members of the City Council serve on the newly created Community Activity Grant Ad -Hoc Committee; and
3. Advise the City Clerk if a member of the City Council will be appointed to the Economic Development Advisory Committee (EDAC).
18. SUBJECT: LIBRARY GRANT UPDATE, FUNDING AGREEMENT RATIFICATION,
AND LETTER OF OPPOSITION
RECOMMENDATION: That the City Council:
1. Receive an update on the Yucaipa Library Project and State Grant; and
2. Ratify a funding agreement with the County of San Bernardino signed by the City Manager accepting grant funding not -to -exceed $1 million; and 02/12/2024 City Council Agenda
3. Authorize the sending of a letter opposing the Governor's proposal to claw -back library grant funds.
PUBLIC HEARINGS
The order of Business for the Public Hearing Shall Be:
A. Open Public Hearing
B. Staff Presentation
C. Applicant/Representative Presentation (if necessary) D. Public Comments
E. Applicant Rebuttal (if necessary)
F. Public Hearing Closed
G. Council Discussion
H. Council Motion and Vote
SPEAKERS ARE ENCOURAGED TO BE BRIEF AND REMAIN WITHIN THE ESTABLISHED TIMEFRAME OF THREE (3) MINUTES. ONCE THE PUBLIC HEARING HAS BEEN CLOSED, NO FURTHER TESTIMONY WILL BE TAKEN.
19. SUBJECT: PRIORITIZATION OF PROGRAM YEAR 2024-2025 COMMUNITY
DEVELOPMENT BLOCK GRANT PROJECTS/PROGRAMS
RECOMMENDATION: That the City Council conduct a public hearing and prioritize eligible project proposals for submission to the San Bernardino County Board of Supervisors for Community Development Block Grant funding consideration.
COUNCILMEMBER REPORTS
ANNOUNCEMENTS
ADJOURNMENT
02/12/2024 City Council Agenda
Notice Regarding Americans with Disability Act
The City of Yucaipa complies with the Americans with Disabilities Act of 1990. If you need special assistance to participate in this meeting, please call the City Clerk's Department at (909) 797-2489, during normal business hours, at least 48-hours prior to the meeting.
Notification 48 hours prior to the meeting will enable the city to make reasonable accommodations to ensure accessibility to this meeting.
CEQA STATEMENT:
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA guidelines sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resource Code Section 21065.
Pursuant to Government Code Section 54957.5, any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Yucaipa to all or a majority of the City Council, less than 72 hours prior to that meeting, are available for public inspection at Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, CA 92399, during normal business hours.
NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, if you would like to challenge the decision of the City Council on an item appearing on this Agenda, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this Agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
AFFIDAVIT OF POSTING
State of California }
County of San Bernardino } ss.
City of Yucaipa }
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby declare that the foregoing agenda was posted on 02/08/2024, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, California City of Yucaipa website www.yucaipa.org
Ana V. Sauseda, CMC
City Clerk
02/12/2024 City Council Agenda Q
Agenda Item No. 1
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 4P:1 ' FOR: City Council Meeting of February 12, 2024
SUBJECT: Approve the City Council/Successor Agency/Housing Authority Minutes of February 5, 2024, January 22, 2024, and the Cancelled Meeting Minutes of December 25, 2023 RECOMMENDATION:
That the City Council approve the City Council/Successor Agency/Housing Authority minutes of February 5, 2024, January 22, 2024, and the Cancelled Meeting Minutes of December 25, 2023.
Attachments:
1. Special Meeting Minutes — 02/05/2024
2. Regular Meeting Minutes— 01 /22/2024
3. Cancelled Meeting Minutes — 12/25/2023
Approved By:
02/12/2024 City Council Agenda n
ATTACHMENT 1
02/12/2024 City Council Agenda 10
City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Special Meeting of February 5, 2024
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
This Special Meeting of the City Council consists of a "Fact -Finding" trip to the locations noted below. The City Council will be in recess while traveling to each location and will reconvene at each location in the order listed below. The times listed below are estimates.
The actual times at each location may vary.
OPEN SESSION — 2:30 PM
Mayor Beaver called to order the Special Meeting of the City Council/Successor Agency/Housing Authority at 2:30 p.m.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Assistant City Engineer Landon Kern.
PRESENT: Justin Beaver, Mayor
Chris Venable, Mayor Pro Tern
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
ABSENT:
STAFF
PRESENT: Chris Mann, City Manager
Steven Graham, City Attorney
Ana Sauseda, Director of General Services/City Clerk
PUBLIC COMMENT
There were no comments.
PAVEMENT MANAGEMENT PROGRAM FIELD TRIP EST. TIME
Assistant Engineer Kern gave a brief presentation.
Mayor Beaver called for a recess at 2:34 p.m. and announced that the Council would reconvene at Location 1.
City Council Minutes
02/12/2024 City Council Agenda
11 • Location 1 — Avenue G west of California Street 2:45-2:55 PM a. California Street Pavement Condition Index (PCI) = 86 (Excellent) b. Avenue G PCI = 70 (Good/Very Good)
Mayor Beaver reconvened the meeting at 2:51 p.m. at Location 1.
After a brief discussion, Mayor Beaver called for a recess at 2:54 p.m. and announced that the Council would reconvene at Location 2.
• Location 2 — Fremont Street near Country Creek Drive 2:55-3:05 PM a. Fremont Street PCI = 52 (Fair)
b. Country Creek Drive PCI = 35 (Poor)
Mayor Beaver reconvened the meeting at 3:02 p.m. at Location 2.
After a brief discussion, Mayor Beaver called for a recess at 3:05 p.m. and announced that the Council would reconvene at Location 3.
• Location 3 — Azalea Lane near Avenue H 3:05-3:10 PM
a. Azalea Lane PCI = 43 (Marginal)
Mayor Beaver reconvened the meeting at 3:09 p.m. at Location 3.
After a brief discussion, Mayor Beaver called for a recess at 3:11 p.m. and announced that the Council would reconvene at Location 4.
• Location 4 — Lantana Avenue near Shelley Street 3:10-3:15 PM a. Lantana Avenue PCI = 20 (Very Poor)
Mayor Beaver reconvened the meeting at 3:16 p.m. at Location 4.
After a brief discussion, Mayor Beaver called for a recess at 3:21 p.m. and announced that the Council would reconvene in the Council Chambers at City Hall. • Location 5 — Douglas Street near Santa Maria Street 3:15-3:25 PM a. Douglas Street PCI = 61 (Good)
• End — City Hall — City Council Chambers 3:30 PM
Mayor Beaver reconvened the meeting in the City Council Chambers at 3:37 p.m. He announced that the Council drove by Location 5 but did not stop for discussion.
City Council Minutes
02/12/2024 City Council Agenda 12
ANNOUNCEMENTS
The next regularly scheduled meeting will be February 12, 2024 at 6:00 p.m.
ADJOURNMENT
The meeting adjourned at 3:41 p.m.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
City Council Minutes
02/12/2024 City Council Agenda
13 ATTACHMENT 2
02/12/2024 City Council Agenda 14
City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of January 22, 2024
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
1 I I _' u
Mayor Beaver called the Closed Session meeting to order at 5:30 p.m.
CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Chris Venable, Mayor Pro Tern
Bobby Duncan, Councilmember
Matt Garner, Councilmember
ABSENT: Jon Thorp, Councilmember
PUBLIC COMMENT
There was no public comment.
CLOSED SESSION — 5:30 PM
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION — (Paragraph (1) of subdivision (d) of Section 54956.9) Yucaipa Preservation Society v. City of Yucaipa, et al. San Bernardino Superior Court Case No. CIVSB2308052 City Attorney Steven Graham asked the Council to add Initiation of Litigation to the Closed Session Agenda.
ACTION: MOTION BY MAYOR BEAVER, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 4-0-1 (COUNCILMEMBER THORP WAS ABSENT), TO ADD INITIATION OF LITIGATION TO THE AGENDA.
The City Council entered Closed Session at 5:31 p.m.
City Council Minutes
02/12/2024 City Council Agenda
15 OPEN SESSION — 6:00 PM
CALL TO ORDER
Mayor Beaver called to order the Regular Meeting of the City Council/Successor Agency/Housing Authority at 6:04 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Captain Walker.
Co
PRESENT: Justin Beaver, Mayor
Chris Venable, Mayor Pro Tern
Bobby Duncan, Councilmember
Matt Garner, Councilmember
ABSENT: Jon Thorp, Councilmember
STAFF
PRESENT: Chris Mann, City Manager
Jennifer Crawford, Assistant City Manager
Steven Graham, City Attorney
Ana Sauseda, Director of General Services/City Clerk
CLOSED SESSION REPORT
City Attorney Graham indicated that there was no reportable action.
CHANGES TO THE AGENDA
City Manager Chris Mann indicated that there were no changes to the agenda.
SPECIAL PRESENTATION
Joe Pradetto, Director of Governmental Affairs, introduced the City's Federal Lobbyist Leticia White and State Lobbyist Jason Gonzalvez.
PUBLIC SAFETY UPDATE
• Police — Captain Walker presented the statistics for November & December. • Fire — Captain Morgan presented the statistics for November & December. • Code Enforcement — Ben Matlock, Deputy Director of Development Services, presented the statistics for November & December.
City Council Minutes
02/12/2024 City Council Agenda
rll
-.3 Ramejou
Mayor Beaver asked the public to maintain decorum and civility during public comment.
The following members of the public spoke:
• JoEva Peabody
• Linda Bedford
• Kathy Bryan
• Bill Tilbury
• Jessica Lopez
• Tom Solury
• Jason Keeney
• Lloyd Rekstad
• David Duron
• Ray Snodgrass
• Cesar Roldan
• Richard Galves
Mayor Beaver asked if there were any Consent Agenda items to be removed for discussion. No items were removed for discussion.
1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF JANUARY 8, 2024
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of January 8, 2024, as presented.
2. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE 2022 SEPTEMBER STORM EVENT
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of the 2022 September Storm Event.
3. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO
TROPICAL STORM HILARY
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of Tropical Storm Hilary.
4. SUBJECT: PURCHASE AUTHORIZATION - TRAFFIC SIGNAL POLES, MAST
ARMS AND HARDWARE FOR THE OAK GLEN ROAD/LIVE OAK CANYON ROAD WIDENING PROJECT, COLORADO STREET TO OUTER HWY-10 SOUTH RECOMMENDATION: That the City Council approve and authorize the City Manager to execute a purchase order/contract with American Right Of Way, Inc. of Walnut, CA in the amount of $62,849.50 (including tax) for the purchase of traffic signal poles, mast arms City Council Minutes Page 3 of 7
02/12/2024 City Council Agenda 17
and hardware for the installation of a traffic signal at the intersection of Oak Glen Road and Colorado Street, as a part of the Oak Glen Road/Live Oak Canyon Road Widening Project, Colorado Street to Outer Hwy-10 South Project.
5. SUBJECT: RESOLUTION ESTABLISHING SPEED LIMITS WITHIN THE CITY OF
YUCAIPA
RECOMMENDATION: That the City Council adopt Resolution No. 2024-01, establishing speed limits upon certain streets and segments of streets within the City of Yucaipa.
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY MAYOR BEAVER, CARRIED 3-0-1-1 (COUNCILMEMBER DUNCAN RECUSED
HIMSELF AND COUNCILMEMBER THORP WAS ABSENT), TO APPROVE CONSENT AGENDA ITEM NO. 1.
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY MAYOR BEAVER, CARRIED 4-0-1 (COUNCILMEMBER THORP WAS ABSENT), TO APPROVE CONSENT AGENDA ITEMS NO.2 THROUGH 5.
Mayor Beaver called for a recess at 7:18 p.m.
Mayor Beaver reconvened the meeting at 7:25 p.m.
DISCUSSION ITEMS
6. SUBJECT: DRAFT 2023 PAVEMENT MANAGEMENT REPORT
RECOMMENDATION: That the City Council receive an update regarding the Draft 2023 Pavement Management Report.
DISCUSSION: Director of Development Services/City Engineer Preciado and Assistant City Engineer Kern presented the Agenda Report.
There was no action taken on this item.
7. SUBJECT: DESIGNATION OF VOTING DELEGATES FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) 2024 REGIONAL
CONFERENCE AND GENERAL ASSEMBLY
RECOMMENDATION: That the City Council designate a delegate and alternate for the upcoming 2024 Annual Southern California Association of Governments (SCAG) Regional Conference & General Assembly.
DISCUSSION: Director of General Services/City Clerk Sauseda presented the Agenda Report.
City Council Minutes
02/12/2024 City Council Agenda
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBER GARNER, CARRIED 4-0-1 (COUNCILMEMBER THORP WAS ABSENT), TO
APPOINT MAYOR BEAVER AS THE DELEGATE AND MAYOR PRO TEM
VENABLE AS THE ALTERNATE.
8. SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 440
RELATED TO CAMPAIGN CONTRIBUTIONS
RECOMMENDATION: That the City Council approve the Introduction and First Reading of Ordinance No. 440, an Ordinance of the City Council of the City of Yucaipa, California, Amending the Yucaipa Municipal Code to add Section 1.08.070 Related to Campaign Contribution Limits.
DISCUSSION: City Attorney Graham presented the Agenda Report.
The following members of the public spoke:
• Lloyd Rekstad
• Kevin Miskin
• Denise Work
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR BEAVER, CARRIED 3-1-1 (MAYOR PRO TEM VENABLE VOTED NO AND
COUNCILMEMBER THORP WAS ABSENT), TO DIRECT STAFF TO RETURN
TO THE COUNCIL WITH AN ADDITIONAL ORDINANCE SETTING THE LIMIT TO $10,000.
9. SUBJECT: DISCUSSION AND POSSIBLE ADOPTION OF 2024 CITY COUNCIL GOALS
RECOMMENDATION: That the City Council adopt goals for the 2024 calendar year as presented.
DISCUSSION: City Manager Mann presented the Agenda Report.
The following members of the public spoke:
• Patty Ingram
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 4-0-1 (COUNCILMEMBER THORP WAS
ABSENT), TO ADOPT THE GOALS WITH THE REVISED LANGUAGE TO GOAL #11.
City Council Minutes
02/12/2024 City Council Agenda
19 PUBLIC HEARING
10. SUBJECT: CITY OF YUCAIPA (CASE NO. 23-149/DCA): CONSIDERATION OF A DEVELOPMENT CODE AMENDMENT (ORDINANCE NO. 439), AMENDING CHAPTER 7 OF DIVISION 7 OF THE YUCAIPA DEVELOPMENT CODE TO
AMEND THE TEMPORARY SIGN REGULATIONS TO ENSURE THAT THEY ARE CONTENT NEUTRAL.
RECOMMENDATION: That the City Council conduct a public hearing and consider the Planning Commission's recommendation to:
1. Approve the introduction and first reading of Ordinance No. 439, an Ordinance of the City of Yucaipa, amending Chapter 7 (General Design Standards) of Division 7 (Sign Code) of the Yucaipa Development Code regarding temporary signs; and
2. Find that the Ordinance is exempt from Environmental Review pursuant to Public Resources Code Section 15061(b)(3).
• Public Hearing Opened
Mayor Beaver opened the Public Hearing for Item No. 10 at 8:53 p.m. • Staff Presentation
Deputy Director of Community Development/City Planner Matlock presented the Agenda Report.
• Applicant Presentation
There was no applicant presentation.
• Public Comments
The following members of the public spoke:
➢ Kristine Mohler
• Applicant Rebuttal
There was no applicant rebuttal.
• Public Hearing Closed
Mayor Beaver closed the Public Hearing at 9:01 p.m.
ACTION: MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 4-0-1 (COUNCILMEMBER THORP WAS ABSENT), TO APPROVE STAFF'S RECOMMENDATION.
City Council Minutes
02/12/2024 City Council Agenda
20 COUNCILMEMBER REPORTS
Mayor Pro Tern Venable discussed the upcoming Farmer's Market. Councilmember Garner thanked our Public Safety staff and donated a drone for their use.
ANNOUNCEMENTS
The next regularly scheduled meeting will be February 12, 2024 at 6:00 p.m.
ADJOURNMENT
The meeting was adjourned at 9:04 p.m.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
City Council Minutes
02/12/2024 City Council Agenda 21
ATTACHMENT 3
02/12/2024 City Council Agenda 22
City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of December 25, 2023
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF YUCAIPA SCHEDULED FOR DECEMBER 25, 2023, WAS CANCELLED.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
City Council Minutes
02/12/2024 City Council Agenda
all
Agenda Item No. 2
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 4bll ' FOR: City Council Meeting of February 12, 2024
SUBJECT: Second Reading of Ordinance No. 439
RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 439, an Ordinance of the City Council of the City of Yucaipa, California, amending Chapter 7 (General Design Standards) of Division 7 (Sign Code) of the City of Yucaipa Development Code Regarding Temporary Signs Attachment:
1. Ordinance No. 439
Approved By:
02/12/2024 City Council Agenda 24
ATTACHMENT 1
02/12/2024 City Council Agenda 25
ORDINANCE NO.439
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING CHAPTER 7 (GENERAL DESIGN STANDARDS) OF DIVISION 7 (SIGN CODE) OF THE CITY OF YUCAIPA DEVELOPMENT CODE
REGARDING TEMPORARY SIGNS
WHEREAS, on March 14, 1994, the City Council of the City of Yucaipa (the "City Council") adopted a comprehensive Development Code that included zoning standards and development review procedures for the City of Yucaipa (the "City") to use to evaluate a variety of development and land use proposals; and
WHEREAS, the City's Development Code includes provisions regarding permanent and temporary signage; and
WHEREAS, recent United States Supreme Court cases, including Reed v. Town of Gilbert (2015), prohibit cities from providing content -based restrictions related to signage, with that case specifically based on an issue related to a temporary sign; and WHEREAS, the result of these cases has invalidated components of the City's sign code, which has not yet been corrected, and updates are necessary to create a legally enforceable requirement; and
WHEREAS, signs serve a useful purpose in communicating messages, and the location, number, size, and design of a sign and its relationship to nearby signs and structures has a significant impact upon the appearance of a community and the viewer's perception of that community; and
WHEREAS, unregulated and unmaintained signs contribute to visual clutter, confusion, and aesthetic blight, and may cause traffic hazards and impede rather than enhance commerce and communication; and
WHEREAS, the City has a substantial and compelling interest in the preservation of the aesthetic qualities of the City and the protection of the health, safety, and welfare of its citizens, residents, visitors, and businesses from the traffic hazards created by distracting signs; and WHEREAS, to advance this interest, the City proposes to amend its regulations regarding temporary signs to remove content -based elements in its permits for temporary signs; and WHEREAS, on January 3, 2024, the Planning Commission conducted a duly noticed public hearing to consider its recommendation on the Ordinance and after receiving public comments, closed the public hearing, and recommended that the City Council adopt this Ordinance; and
WHEREAS, on January 22, 2024, the City Council held a duly noticed public hearing on the proposed Ordinance, at which time a staff report was presented and evidence in the record was 02/12/2024 City Council Agenda 26
provided to support the findings required by the Yucaipa Development Code Section 83.020210 as reflected in Attachment A to the City Council Agenda Report, dated January 22, 2024; and WHEREAS, the City Council's approval of the proposed amendments to the Development Code will result in consistency between the Development Code and the policies and objectives of the General Plan by ensuring the business needs of the community support the City's economic objectives; and
WHEREAS, the City Council has made the necessary findings to adopt amendments to the Development Code as required by California law and has taken all other actions as required by California law to amend the Development Code; and
WHEREAS, the proposed Ordinance, pursuant to CEQA Guidelines Section 15061(b)(3), is exempt from CEQA because it modifies the provisions of sign regulations to ensure that they remain content neutral, and does not otherwise authorize any direct or indirect changes to the physical environment and there is no possibility of a significant effect on the environment; and WHEREAS, the City Council has considered the facts presented in the case, including the written and oral staff reports on the Proposed Amendment (23-149/DCA), public testimony, written and oral evidence presented to the Planning Commission and the Planning Commission recommendation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES ORDAIN AS FOLLOWS:
Section 1. Findings, Purpose and Intent.
A. This Ordinance is adopted by the City Council pursuant to the City's police powers to protect the health, safety, and general welfare of the public.
B. The City Council finds that the overall use and development of land should be designed for the protection of the public health, safety and welfare; that it is important to ensure that the establishment of all land uses conform to a plan of logical and orderly development of the land, and that present and future land uses be compatible with surrounding land uses; and that incompatible land uses would be aesthetically displeasing, economically detrimental, and harmful to the public health, safety and welfare.
Section 2. Section 87.0710 (Prohibited Signs.) of Division 7 (Sign Regulations) of the Development Code of the Yucaipa Development Code is amended to read as follows:
"87.0710 Prohibited Signs.
The following signs are prohibited.
(a) Signs having any animated, moving, or rotating parts. 02/12/2024 City Council Agenda 27
(b) Signs attached to or painted on trailers or vehicles parked on private property for the purpose of gaining unauthorized sign area.
(c) Signs which make sounds.
(d) Signs which obscure, imitate, or otherwise limit the effectiveness of official traffic control signs or devices.
(e) Signs which display any statement or symbol of an obscene or immoral nature as to offend the public morals or decency.
e_
III 11M WIIIIIIIIIIIII W.
MIN
(D Tethered balloon(s) or other inflatables used to draw attention to a use or event., except as otherwise provided in this Chapter.
(g) Signs and/or support structures with flashing neon elements or- signs whieh have neon lighting en their- SUPPOFt StFtletufes.
(h) Signs which are not effectively shielded so as to prevent beams or rays of light being directed at any portion of the traveled way or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver of a motor vehicle. (i) Permanent primary signs and outdoor advertising structures (billboards) that advertise or identify a business, function, establishment, or product at a location other than the property on which such business or establishment is located or such product is manufactured or sold, except as permitted in Section 87.07?5. Que', sipsmay advef«:�o Section 3. Section 87.0720 (Exempt Signs.) of Division 7 (Sign Regulations) of the Development Code of the Yucaipa Development Code is amended to read as follows:
"87.0720 Exempt Signs.
02/12/2024 City Council Agenda 28
The following signs are exempt from the requirements of this Code and any applicable plan. (a) Signs, flags, banners, emblems, notices, or other noncommercial messages issued or endorsed by a constituted governmental body, public agency, court, person, or officer in performance of a public duty, including traffic or highway signs, railroad crossing signs, or similar regulatory or warning devices and legal notices, and any other public business or program
(b) Signs located inside a building, courtyard, mall, or other similar structure, provided such signs are not conspicuously visible and readable from a public street or adjacent properties not under the same ownership
(c) Utility company signs identifying conduits, cables, any dangerous condition, or providing other such similar notice
(d) Memorial tablets or signs and historic markers
(e) A flag of any nation, state or City if displayed in a manner conforming to the Flag Code (36 USCA, Section 173 et seq.)."
Section 4. Section 87.0715 (Additional Signs.) of Division 7 (Sign Regulations) of the Development Code of the Yucaipa Development Code is amended to read as follows:
1187.0715 Additional Signs.
The following signs shall comply with the requirements of this Code or any applicable plan. (a) Service station product price signs, provided such signs do not exceed 24 square feet in area per sign; one such sign shall be allowed per street frontage; any additional sign area shall be calculated as part of the total sign area allowed by the land use district (b) Drive-in restaurant menu boards, including those with speakers, provided each sign does not exceed 30 square feet; no more than two such signs shall be permitted per site (c) Any freeway oriented primary sign(s) identifying a City or unincorporated community, provided that such signs only display the name, surname, or slogan of such City or community and conform to the size -setback schedule for freeway oriented accessory signs specified by Subsection 87.0730
(d) Any neneenwner-eial sign shall be pefmit4ed in an), Land Use Pistr-iet wher-ever- eemmereial or- residential sign is allowed. Neneemmer-eial signs shall eemply with 4 02/12/2024 City Council Agenda 29
Section 5. Section 87.0725 (Primary Signs.) of Division 7 (Sign Regulations) of the Development Code of the Yucaipa Development Code is amended to read as follows:
'87.0725 Primary Signs.
(a) Primary Signs
The following primary signs are permitted in any land use district. (1) Primary Civic Signs
(A) Primary civic signs which serve to identify a community are permitted in any land use district subject to a Land Use Compliance Review by the Building Official and the following.
(B) Primary civic signs shall have a maximum area of 100 square feet and a maximum height of 15 feet, except that in those districts where accessory business signs are not permitted, primary civic signs shall have a maximum area of 32 square feet and a maximum height of 12 feet. In those districts where accessory business signs are permitted, the maximum height and area for a primary civic sign shall be the same as the permitted accessory business sign, unless otherwise specified by this chapter. (b) Temporary Primary Signs
The following signs shall be permitted in any land use district on a temporary basis, subject to the issuance of a Temporary Sign Permit, as follows. • et�rss.ee!ze!e�ri�e!�as'r_�e�srsrsls�r:��
02/12/2024 City Council Agenda 30
(111) Queh politieal signs shall not be o eetoa , „thi afty street ;,,to.-seetief, elear- sight > >
•'fl
S be
t enee
(IV) ceh pelifi signs shall not nailed
or- affixed -to -any -c2--
post, or- publie utility pole and shall not
be leeeAed in the publie right of-
(V) Sueh polifieal signs whieh have an adhesive baeking shall not be afica arcct�Lt�-ii�SkEtt���aie-iffi rea- i�cmanner- sueh signs are easily r-efneved. (VI) Sueh pelitieal signs require a temper-ar-y pelitieal sign pefmit prieF to the pl.,.fo.f e t of temperafy pel;tie l adyei4is ag signs. Said .f ...flit shall be- issued at no east to the applieant, and it shall list the requir-emef4s of t seetion. it shall be issued to the a pl; f f.,t , .. tl,o;f. s.,tufes ;.,.lie ting their- agreement to be betind by the pr-evisions of this or-dinanee. (1) Temporary Primary Directional Signs
(...)II
Section 6. Section 87.0730 (Accessory Signs.) of Division 7 (Sign Regulations) of the Development Code of the Yucaipa Development Code is amended to read as follows:
"87.0730 Accessory Signs.
02/12/2024 City Council Agenda 31
u�sit=
i b
(1) 1 E�istfketS-,VVheFe--aeeesser-y S6�
maximum ccr-of an aeeessei-P alt�, sign shall be feet,
height be five feet. Sueh have height
fauf!
maximum shall signs shall a maximufn
feet ..,he the f t . street < aril
of
plaeed within e ar-d o side setback
fee
be c F
a for
afea an aeeessefy realty sign shall
-Alleviable
area pefmi -
the
an aeeesser-y realty signsh
b
!trs. ......IM
02/12/2024 City Council Agenda 32
a
(1) The maximum allowable sign area for- portable signs shall not exe eight square feet. The sign shall not exeeed four feet in height and two in width, ineluding all stfuetur-al elements.
02/12/2024 City Council Agenda 33
•..
_ S Tli�•
(e) Freeway Oriented Accessory Signs
(...)II
Section 7. Section 87.0735 (Temporary Signs.) of Division 7 (Sign Regulations) of the Development Code of the Yucaipa Development Code is added to read as follows:
"87.0735 Temporary Signs.
(a) Temporary Sign Types
For purposes of this chapter, the following types of temporary signs and the general design requirements are as follows:
Banner Sign
0 25 tt to 15 tt 45 st' - Must be
top displayed on
roof, wall, or
fence areas
only and
securely
fastened
- Must be
professionally
made, screen
printed and on
vinvl
02/12/2024 City Council Agenda
34 Design
Sign Type
StandardsTemporary
Requirements
Height
Width Area
Large Board Sign
7 ft to
8 ft 32 sf
- Must be
top
securely
1``----
mounted to the
ground
Sign
- Must be
made from
wood or a
durable plastic
material
- Cannot be
I
nailed or
affixed to any
tree, fence
post, or public
utility pole
Small Board Sign
3 ft to
3 ft
6 sf
- Must be
top
securely
-
mounted to the
ground
- May include
Sign
stake and A -
frame signs
within these
standards
1 Iff
02/12/2024 City Council Agenda 35
Temporary
Sign Type Standards Design
Requirements
Height Width Area
Hanging Board Sign 5 ft to 2 ft 6 sf - Must be
top securely
mounted to the
ground
3 Sign
f
!I
i
Flag Sign 10 ft to 2 ft 15 sf - Must be
top securely
fastened to the
ground
For
commercial
displays, sign
is only
permitted
during
business hours
t
02/12/2024 City Council Agenda 36
Temporary' Standards
Requirements
Height Width Area
Inflatable Sign & Display 25 ft loft - - Must be
securely
mounted to the
ground
Additional Notes:
1. No temporary sign shall extend into or be located within the public right of way, except as otherwise specified by this chapter, nor shall any sign obstruct visibility for ingress and egress from roadways or endanger and/or obstruct pedestrians, motorists, or the public.
2. "ft" = Feet; "sf' = square feet
(b) Non -Residential Land Use Districts
The following signs shall be permitted as accessory signs in any Non -Residential Land Use District subject to the following:
(1) Banner Signs
(A) Duration. One banner per street frontage for no more than 60 consecutive days and no more than a total of 180 days in a calendar year, with a period between displays of at least 30 days. Signs related to an event shall not be displayed more than 30 days prior to the scheduled event.
(B) Permit Requirement. A temporary flag/banner permit shall be issued prior to the display of the sign. The application for a permit shall include the following information: the number of banners or flags proposed, the size of the proposed banners or flags, the proposed location of the banners or flags on the property, and the time period for which the banners or flags will remain on display. (2) Large Board Signs
X
02/12/2024 City Council Agenda 37
(A) Duration.
(I) Construction. One sign per frontage is permitted while there is an active Building Permit for the construction or rehabilitation of a structure. (II) Other. No more than 30 days prior to a scheduled event. (B) Permit Requirement. An approved Temporary Use Permit for a sign is required for a Large Board Sign associated with a construction project. Other signs shall be subject to a Temporary Event Sign Permit and shall include property owner approval if applicable.
(3) Small Board Signs
(A) Duration. The maximum time period for display shall be 30 days no more than three times a year. Small Board Signs shall be removed outside of business hours. (B) Permit Requirement. No permit is required.
(C) Other requirements. A maximum of one portable sign shall be permitted per business, directly related to the business frontage and oriented to the main entrance to the business. Buildings/businesses with freestanding signs shall not be permitted to have Small Board Signs.
(4) Flag Signs
(A) Duration. Two flags for no more than 60 consecutive days and no more than a total of 180 days in a calendar year, with a period between displays of at least 30 days. Flag Signs shall be removed outside of business hours. (B) Permit Requirement. A temporary flag/banner permit shall be issued prior to the display of the sign. The application for a permit shall include the following information: the number of banners or flags proposed, the size of the proposed banners or flags, the proposed location of the banners or flags on the property, and the time period for which the banners or flags will remain on display. (c) Residential Land Use Districts
The following signs shall be permitted as accessory signs in any Residential Land Use District subject to the following:
(1) Large Board Signs
(A) Duration. One sign per frontage is permitted while there is an active Building Permit for the construction of more than two (2) dwelling units. 13 02/12/2024 City Council Agenda 38
(B) Permit Requirement. A Temporary Use Permit shall be issued for a Large Board Sign associated with a construction project.
(2) Small Board Signs
(A) Duration.
(I) General signs. No limitation.
(II) Signs specific to an event. No more than 30 days prior to a scheduled event.
(B) Permit Requirement. No permit is required.
(3) Small Board Signs — Offsite Directional
(A) Duration. Permitted during the scheduled commercial event (such as a yard sale or open house)
(B) Permit Requirement. No permit is required.
(C) Other requirements.
(I) Signs may be placed in the designated public right-of-way, but shall not be located within the street, street median, or sidewalk (II) Signs must relate to an activity permitted within a residential zoning district
(III) Signs are only allowed on Thursdays, Fridays, Saturdays and Sundays (IV) Only one sign per each advertised activity (e.g., a house for sale, etc.) may be placed at each street intersection leading from the two nearest major streets (reflecting two independent access routes) to the site of the advertised activity
(V) Only one sign per each advertised activity, up to a maximum of three signs total, may be placed at any street intersection corner (VI) The sign must be placed so that a minimum of four and one-half feet remains clear on the sidewalk for pedestrians if no other location is possible. (3) Hanging Board Signs
(A) Duration. One sign is permitted while a residence or lot is listed for sale or for lease.
14 02/12/2024 City Council Agenda 39
(B) Permit Requirement. No permit is required.
(4) Inflatable Sign & Display
(A) Duration. Two Inflatable Sign & Display for no more than 60 consecutive days.
Signs related to an event shall not be displayed more than 30 days prior to the scheduled event.
(B) Permit Requirement. No permit is required."
SECTION 8. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 9. CEQA.
The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the commonsense exemption (Section 15061) 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 that there is no possibility that the activity in question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.
SECTION 10. Effective Date. This Ordinance shall be effective the 31 st day following its adoption by the City Council
SECTION 11. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.
PASSED, APPROVED and ADOPTED this 12th day of February, 2024.
ATTEST:
Justin Beaver, Mayor
APPROVED AS TO FORM
Ana V. Sauseda, CMC Steven Graham, City Attorney
Director of General Services/City Clerk
15 02/12/2024 City Council Agenda 40
Agenda Item No. 3
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council Member
FROM: Trevor Benson, Public Safety Mana r
FOR: City Council Meeting of February 12, 2024
SUBJECT: Extending the Existence of a Local Emergency Due to the 2022 September Storm Event
RECOMMENDATION:
That the City Council extend the declaration of a local emergency as a result of the 2022 September Storm Event.
2022 SEPTEMBER STORM BACKGROUND/DISCUSSION:
On September 14, 2022, the Yucaipa City Manager proclaimed a local emergency due to the 2022 September Storm Event in Yucaipa and surrounding communities. The storm which was caused by remnants of Hurricane Kay produced conditions of extreme peril to the safety of persons and property within the City of Yucaipa, in the form of infrastructure damage, from extreme weather including intense rain, wind, flooding and debris flow.
On September 14, 2022, the County of San Bernardino declared a County -Wide, local emergency due to the storm.
At the September 20, 2022, Special City Council Meeting, Council adopted Resolution No. 2022- 54, ratifying the proclamation of the existence of a local emergency by the City Manager.
Post storm assessments were conducted in the burn areas and debris basins to identify on -site and downstream threats to public health or safety from landslides, debris flow, flooding, road hazards and other post -fire related concerns, as well as to determine measures to prevent or mitigate identified threats.
As a direct result of the September Storm Event, several areas within the City were impacted, requiring emergency work, such as El Dorado Park, Oak Glen Road and Pendleton Road. Staff is tracking costs for this required emergency response work necessary to address these areas. In addition to the emergency work performed to close, cleanup and reopen City facilities/roadways, additional emergency work was required to address approximately 18,000 cubic yards of mud, silt and debris that impacted areas within the Wilson III Basin/Channel area. In addition, the Oak Glen Creek Basin system sustained approximately 25,000 cubic yards of mud, silt, and debris, that, in conjunction with San Bernardino County Flood Control District was removed. 02/12/2024 City Council Agenda 41
Subsequently, in August the City experienced another significant storm event, Tropical Storm Hilary creating rainfall totaling as much as 4.5 inches in parts of the community, once again testing the systems constructed over the past twenty years and maintained between and during these storm events.
Pursuant to Yucaipa Municipal Code Section 8.36.160, the City Council shall review, at least every fourteen (14) days, unless waived by the City Council to meet State requirements, until such local emergency is terminated, the need for continuing the local emergency.
Such declaration facilitates the City's response to combat perilous conditions by providing limited immunity for emergency actions of public employees and governing bodies, authorizing the issuance of orders and regulations to protect life and property, and activating pre -established local emergency provisions.
FISCAL IMPACT:
None with this item.
Approved by:
02/12/2024 City Council Agenda 42
Agenda Item No. 4
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Trevor Benson, Public Safety Manage
FOR: City Council Meeting of February 12, 2024
SUBJECT: Extending the Existence of a Local Emergency Due to Tropical Storm Hilary
RECOMMENDATION:
That the City Council extend the declaration of a local emergency as a result of Tropical Storm Hilary.
TROPICAL STORM BACKGROUND/DISCUSSION:
On Sunday, August 20, 2023, the Yucaipa City Manager Chris Mann proclaimed a local emergency due to Tropical Storm Hilary in Yucaipa and surrounding communities. The storm which was caused by remnants of Tropical Storm Hilary produced conditions of extreme peril to the safety of persons and property within the City of Yucaipa, in the form of infrastructure damage, from extreme weather including intense rain, wind, flooding and debris flow.
On August 20, 2023, the County of San Bernardino also declared a County -Wide, local emergency due to the storm and on August 19, 2023, the State of California pre-emptively proclaimed a state of emergency in several counties including County of San Bernardino.
At the August 24, 2023, Special City Council meeting, Council adopted Resolution No. 2023-43, ratifying the proclamation of the existence of a local emergency by the City Manager.
Post storm assessments were conducted in the burn areas and debris basins to identify on -site and downstream threats to public health or safety from landslides, debris flow, flooding, road hazards and other post -fire related concerns, as well as to determine measures to prevent or mitigate identified threats.
As a direct result of the tropical storm, several areas within the City were impacted, requiring emergency work, for Oak Glen Road, Casa Blanca and Pendleton Road. Staff is tracking costs for the required emergency response work necessary to address these areas. In addition to the emergency work performed to close, cleanup and reopen City facilities/roadways, additional emergency work was required to address approximately 100,000 cubic yards of mud, silt and debris that impacted areas within the Wilson III Basin/Channel area. In addition, the Oak Glen 02/12/2024 City Council Agenda 43
Creek Basin system sustained approximately 50,000 cubic yards of mud, silt, and debris, that, in conjunction with San Bernardino County Flood Control District was removed.
Pursuant to Yucaipa Municipal Code Section 8.36.160, the City Council shall review, at least every fourteen (14) days, unless waived by the City Council to meet State requirements, until such local emergency is terminated, the need for continuing the local emergency.
Such declaration facilitates the City's response to combat perilous conditions by providing limited immunity for emergency actions of public employees and governing bodies, authorizing the issuance of orders and regulations to protect life and property, and activating pre -established local emergency provisions.
FISCAL IMPACT:
None with this item.
Approved by: �`-
02/12/2024 City Council Agenda 44
Agenda Item No. 5
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Chris Mann, City Manager/Tre 144
Phil White, Director of Finance
FOR: City Council Meeting of February 12, 2024
SUBJECT: Monthly Treasurer's Report December 2023
RECOMMENDATION:
That the City Council receive and file the Monthly Treasurer's Report for December 2023.
BACKGROUND:
To comply with the requirements of California Government Code Section 53607 and the recommendation of California Government Code Section 53646, a treasurer's report is submitted to Council monthly.
DISCUSSION:
It is the responsibility of the Finance staff to develop the Monthly Treasurer's Report in a timely manner for review by the City Manager/Treasurer, and ultimately the City Council. It is the function of the Treasurer to deposit and invest funds in accordance with the Investment Policy of the City of Yucaipa to achieve the stated objectives of safety and preservation of capital, liquidity, and return on investment. The purpose of the Monthly Treasurer's Report is to provide the City Council with a snapshot of the City's cash and investment portfolio.
The balances included in the Treasurer's Report represent the month -end market value of the City's investment portfolio. The portfolio is one component of assets. The City's net position or fund balance (equity) is comprised of all assets less liabilities. As such, the amounts are related but will differ due to accruals and methods of accounting. The City utilizes the Monthly Treasurer's Report as one tool to monitor fiscal performance.
While the City does not have outstanding debt related to bond issuances, the City acts in a fiduciary capacity for the Successor Agency to the former Redevelopment Agency and the Chapman Heights Community Facilities District, both of which maintain outstanding bonds. The City pools cash and investments of all funds, except for assets related to the bond issuances of the Successor 02/12/2024 City Council Agenda 45
Agency and Community Facilities District which are required to be held in separate accounts with fiscal agents in accordance with the bond indentures.
As required by the Investment Policy, the attached Treasurer's Report includes a certification that (1) All investment actions executed since the last report have been made in full compliance with the Investment Policy; and (2) the City will meet its expenditure obligations for the next six months.
FISCAL IMPACT:
There is no fiscal impact.
Attachments:
1. Treasurer's Portfolio Historical Balances
2. Treasurer's Report — December 2023
3. Treasurer Managed Portfolio Summary — December 2023
4. LAIF Quarterly Interest Statement — December 2023
5. Wells Fargo Operating Account — December 2023
6. Investments with Fiscal Agent Summary
02/12/2024 City Council Agenda 46
ATTACHMENT 1
02/12/2024 City Council Agenda 47
$80,000,000.00
570,000,000.00
$60,000,000.00
1—
i
$50,000,000.00
i
- T
W,000,000.00
S3o,000,000.00
$20,000,000.00
$10,000,000.00
Treasury Balances
5 July
August
September
October
November
December
January
February
March
April
May
June
.FY23/24
$61,413518.92
$59,182,168.44
$57,025,711.22
$51,054,925.30
553,369,537.77
55k%1,840.87
FY22/23
$%,693,466.33
$54,041,290.47
$50,837,982.74
551,507,128.39
$54,199,200.99
$61,051,640.05
$64,433,186.11
S6Z15Z23100
555,635,71L66
$62,177595.79
$70,030,867.17
$63,750,570.98
�FY21/22
$53,%1,855.83
550,392,274.39
SQ,580,108.12
$48,415,306.15
$49,682,593.06
555529,795.96
$59,178,706.71
$55,262,177.66
$54,428,075.59
561,179,29L46
$59,785,932.01
$58,758,249.77
�FY20/21
$35,493,808.69
$32,622,727.88
$30,805,769.95
$30,339,435.62
$34,088,028.21
$40,716535.04
550,627,245.32
$49,871,81209
546,138,828.66
$53549,485.87
$56,426,234.85
$58,288,163.32
—FY19/20
541,127,293.89
$35,780,6722
$34,468,566.70
532,883,041.68
SH,465,706.57
$41,532,702.16
$44,337,764.36
$39,311,920.77
536,879,45235
$40,602594.47
$43,716,958.69
$38,543,574.41
ATTACHMENT 2
02/12/2024 City Council Agenda 49
City of Yucaipa
Treasurer's Report - December 31, 2023
Attachment 2
November 2023
December 2023
Institution/Investment Type
Balance
Balance
Funds Under Control of the City:
U.S. Bank Investment Account - Managed by PFM
Cash and Equivalents
$
117.81
$
118.32
U.S. Bank Investment Account - Managed by Treasurer
Cash and Equivalents
$
4,511,662.19
$
3,074,270.02
U.S. Government Issues
$
29,226,536.69
$
30,893,673.39
Corporate Issues
$
3,994,384.89
$
4,007,473.51
Foreign Issues
$
235,687.55
$
237,128.15
Municipal Issues
$
183,628.00
$
186,162.00
$
38,151,899.32
$
38,398,707.07
$
8,169,849.89
$
15,169,849.89
Local Agency Investment Fund (LAIF)
City Checking Account (Wells Fargo)
$
6,180,680.07
$
4,122,760.16
Petty Cash / Change Drawers
$
2,750.00
$
2,750.00
Total Funds Under Control of the City
$
52,505,297.09
$
57,694,185.44
Funds with Fiscal Agents:
Bank of New York Mellon
CFD 98-1 - Invesco Govt Agency Private 1903
$
285,120.71
$
286,237.52
U.S. Bank
RDA 1998 TAB - Blackrock Instl Funds
$
587.10
$
589.62
RDA 1998 TAB - LAIF
$
45,973.28
$
45,973.28
RDA 2004 TAB - Blackrock Instl Funds
$
158,694.87
$
159,378.87
RDA 2010 TAB - Blackrock Instl Funds
$
373,864.72
$
375,476.14
Total Funds with Fiscal Agents
$
864,240.68
$
867,655.43
Grand Total
$
53,369,537.77
$
58,561,840.87
1. All investment actions executed since the last report have been made in full compliance with the Investment Policy; and
2. The City will meet its expenditure obligations for the next six months.
Treasurer:L-
Sign / Date
02/12/2024 City Council Agenda CO
ATTACHMENT 3
02/12/2024 City Council Agenda 51
00192301
22- -01--82 -0l ' [� J bank. 0101-11-04304-01 4-01
CITY OF YUCAIPA - TREASURER MANAGED Page 6 of 42
Period from December 1, 2023 to December 31, 2023
ASSET SUMMARY
12/31/2023
% OF
ASSETS
MARKETVALUE
MARKET
Cash And Equivalents
3,074,270.02
7.96 U.S. Government Issues
30,893,673.39
80.14 Corporate Issues
4,007,473.51
10.40 Foreign Issues
237.128.15
0.62 Municipal Issues
186,162.00
0.48 Total Assets
38 398 107.67
99.60 Accrued Income
152.908.80
0.40 Grand Total
38,551,615.87
100.00
BONDS 91
EOVIV & ACCR 8 36,
02/12/2024 City Council Agenda
52 ATTACHMENT 4
02/12/2024 City Council Agenda 53
1 /22/24. 9A6 AM
LAIF Regular Monthly Statement
California State Treasurer
Fiona Ma, cPa
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916)653-3001
CITY OF YUCAIPA
TREASURER
34272 YUCAIPA BLVD.
YUCAIPA, CA 92399
Account Number:
December 2023 Statement
f1%
JanuarN 22. 2024
I.AI I- I tome
PNIlA Axera https://Iaifms.treasurer.ca.gov/RegularStatement.aspx 1 /1 02/12/2024 City Council Agenda 54
ATTACHMENT 5
02/12/2024 City Council Agenda 55
Analyzed Business Checking - PF
Account number- ■ December 1, 2023 - December 31, 2023 ■ Page 1 of 6
CITY OF YUCAIPA
GENERAL OPERATING ACCOUNT
34272 YUCAIPA BLVD
YUCAIPA CA 92399-2434
Account summary
Analyzed Business Checking - PF
Questions?
Call your Customer Service Officer or Client Services
1-800-AT WELLS (1-800-289-3557)
5:00 AM TO 6:00 PM Pacific Time Monday - Friday
Online: wellsforgo.com
Write: Wells Fargo Bank, N.A. (114)
P.O. Box 6995
Portland, OR 97228-6995
Accountnumber Beginning balance Total credits Total debits Ending balance - $6,180,680.07 $17,835,516.74-$19,893,436.65 $4,122,760.16 C red its
Deposits
Effective Posted
date date
Amount
Transaction detail
12/01
10.00 Deposit
12/04
14,980.00
Deposit
12107
2,750.00
Deposit
12/08
10.00 Deposit
12/11
10.00 Deposit
12/12 12/13
2,140.00
Reversal of Check Posted 12-12-23 Reposted 12-13-23 as Serial 0000015014 Our Ref: 12-12-23 00000000
12/14
10.00 Deposit
12/14
140.00
Deposit
12/15
172.50
Deposit
12/19
100.00
Deposit
12/21
580.00
Deposit
12/22
110.00
Deposit
12/26
140.00
Deposit
$21,152.50
Total deposits
Electronic deposits/bank credits
Effective Posted
Amount Transaction detail
I Z/U I
b44.UU
I vu I ueposli l.apture banK L-arcl-
12/01
1,000.00
12/01 Bankcard Deposit-
12/01
15,252.12
County of San Be Achpayment- City of Yucaipa
12/04
917.00
12/04 Deposit Capture Bank Card-
12/04
23,997.97
County of San Be Achpayment- City of Yucaipa
12/04
134,411.70
Apport St of CA Apsapports 112923 1927 Yucaipa City Treasurer 02010 Wells Fargo Bank, N.A.
All rights reserved. Member FDIC.
(114)
Sheet Seq = 005021/12/2024 City Council Agenda
Sheet
00001 of 00006 56
ATTACHMENT 6
02/12/2024 City Council Agenda 57
City of Yucaipa
Investment with Fiscal Agent Summary
FY 2024
12/31/2023
Bank of New York Mellon CFD 98-1
324812 Special Acct
$
4,735.70
324813 Interest Acct
$
95,025.77
703129 COI Acct
$
12,068.98
880553 COI Acct
$
22,582.49
880554 Reserve Acct
$
14,438.48
880555 Admin Exp Acct
$
137,386.10
Total
$
286,237.52
U.S. Bank
RDA 1998 TAB
6711616700 Project Acct - Blackrock Instl Funds
$
0.24 6711616701 Interest Acct - Blackrock Instl Funds
$
546.36
6711616702 Principal Acct - Blackrock Instl Funds
$
30.47 6711616703 Sinking Acct - Blackrock Instl Funds
$
12.34 6711616704 Reserve Acct - Blackrock Instl Funds
$
0.21 6711616704 Reserve Acct - LAIF
$
45,973.28
Total
$
46,562.90
RDA 2004 TAB
6711740700 Project Acct - Blackrock Instl Funds
$
0.12 6711740701 Interest Acct - Blackrock Instl Funds
$
13,338.99
6711740702 Principal Acct - Blackrock Instl Funds
$
198.68
6711740703 Reserve Acct - Blackrock Instl Funds
$
145,841.08
Total $
159,378.87
RDA 2010 TAB
6711740705 Reserve Acct - Blackrock Instl Funds
$
375,476.14
02/12/2024 City Council Agenda 58
Agenda Item No. 6
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer L
Todd Gutjahr, Public Works Analys
FOR: City Council Meeting of February 12, 2024
SUBJECT: Award of Contract — 2nd Street and 3rd Street at Avenue E Roundabouts Hardscape Phase II Project — Project No. 11165
RECOMMENDATION:
That the City Council:
1) Award and authorize the City Manager to execute a contract, and the City Manager or his designee administer the terms of the contract to the lowest responsive bidder, Three Peaks Corporation of Calimesa, CA, in the amount of $89,217 for the 2nd Street and 3rd Street at Avenue E Roundabouts Hardscape Phase II Project — Project No. 11165 (Project); and
2) Approve the amounts of $9,000 for construction contract contingency and $4,500 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $102,717; and
3) Authorize the City Manager or his designee to administer the distribution of the contract contingency; and
4) Approve the plans and specifications prepared for this Project.
BACKGROUND/DISCUSSION:
The Avenue E Intersections, Street and Sidewalk Improvements Project, Bryant Street to 5th Street, is being constructed in phases. The most recent phase of improvements was completed in 2020 and included the roundabout improvements at 2°d Street and Yd Street at Avenue E and included drainage and storm drain improvements along Avenue E between 2nd Street and 3rd Street.
On September 14, 2020, the City Council conducted a study session to review and consider the proposed landscaping for the roundabouts at the intersections of Avenue E with 2nd Street and 3rd Street. Based on input provided by the City Council during the study session, staff worked with the City's contract landscape architect to develop the plans and specifications for the landscape features within the roundabouts and streetlight poles similar to those in Historic Uptown Yucaipa. The 02/12/2024 City Council Agenda 59
landscaping incorporates hardscape features such as crushed stone, boulders, and rock of varying size/color in the center median areas of the roundabouts and the pedestrian islands at each leg of the intersections. The landscape components include street lighting at the 2nd Street and 3rd Street roundabout intersections to improve safety.
On June 27, 2022, the City Council awarded a construction contract to Three Peaks Corporation of Calimesa, CA in the amount of $208,948 and the amount of $21,000 for contract contingency for a total construction contract budget of $229,948 for the installation of hardscape features such as crushed stone, boulders, and rock of varying size/color in the center median areas of the roundabouts (Phase I Hardscape). The contract also included the installation of intersection street lighting at both the 2nd Street and 3rd Street intersections.
Upon completion of the Phase I Hardscape work, staff prepared the plans, specifications, and bid documents for the Project. The scope of work included the installation of a hardscape in the parkway and pedestrian islands that will match the existing boulders, cobble, and decomposed granite.
This Project was advertised for bids on December 11, 2023. On January 25, 2024, one (1) sealed bid was received and opened as follows:
Contractor
Bid Amount
Three Peaks Corporation
$89,217
Engineers Estimate
$84,000
Three Peaks Corporation (Three Peaks) of Calimesa, CA, is the apparent responsive low bidder. Staff has reviewed the bid documents and determined that the documents meet the requirements of the construction contract specifications. Three Peaks has performed similar work for the City of Yucaipa (including the Phase I Hardscape), and their work has been deemed satisfactory. As a result, staff recommends that the City Council award and authorize the City Manager to execute a contract for the Project to Three Peaks in the amount of $89,217.
The completion of the 2nd and Yd Streets and Avenue E Roundabouts project is a significant milestone for the City and an important step towards achieving the City Council's Goals for 2024.
FISCAL IMPACT:
The estimated cost of this Project in the amount of $102,717 is included in the adopted FY2023-24 Capital Improvement Program. No further fiscal impact is anticipated.
Attachments:
1. Bid Summary
2. Construction Agreement — Three Peaks
Approved by:
02/12/2024 City Council Agenda 60
Attachment 1
02/12/2024 City Council Agenda 61
2nd Street and 3rd Street at Avenue E Roundabouts Hardscape Phase II - Por ect No. 11165 Owner: City of Yucaipa
Bid nin : 1/25/24
m„�„�,iww,�a
Engineer's Estimate
Three Peaks Corporation
PO Box 101
Calimesa, CA 92320
u5
Bid Status:Valid
2nd Street and 3rd Street at Avenue E Roundabouts Hardscape Phase II - Por ect No. 11165 mm•
I rcrm cod.
I nem Description
owotey
ueKofArrasm
LAM mr.
tt.m Toml
uMt Prr,..
rr«m Terol
1 IMOBILIZAnON
1 LS
0.00 7000
4,200.00
4,200.00
2 TRAFFICCONTROL
1 L5
0.00 0.00
5,000.00
5,000.00
3 Procurement and installation o u ers 1.5 x2.5 xl tLkLe p ace r p an 4 EA
0.00 .00
215.00
860.00
4 Procurement an installation o boulders 1 x1.5 xl to ace r an
0.00 1 0.
300.00
5 Procurement and installation or boulders 1 xl xl to be placedr plan 4 EA
0.00 0.00
110.00
440.00
6 Procurement and installation of boulders 2'x3'x2' to be placed per plan 1 EA
0.00 0.00
230.00
230.00
7 Procurement and installation of boulders 1 x2'1 to be placed per plan 1 0.00
0.00 200.00
200.00
8 Procurement and installation of crusted blue cresta cobble 4"-8' , irouted to be placed per plan 2506
SF
50.DO
0.00 26.00
65,156.00
rocuremen an ins a a ion 51 s a k 1 - o e PI,,,PI,,,u per p an urement6-0'
>
Bid List Total
.00
39,217.00
Total Bid Amount
$0.001
89,217.00
Listed Subs
None
02/12/2024 City Council Agenda 62
Attachment 2
02/12/2024 City Council Agenda 63
AGREEMENT
THIS AGREEMENT is made and entered into this 121h day of February 2024, by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City", and Three Peaks Corporation located at
Contractor / Company Name
Calimesa
City
P.O. Box 101
Street Address
CA 92320 (909) 522-2219 hereinafter referred to as "Contractor".
State Zip Code Phone
PROJECT: 2nd Street and 3rd Street at Avenue E Roundabouts Hardscave Phase II — Proiect No. 11165 WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:
The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (collectively, the "Contract Documents"). The Contract Documents are made a part hereof as though fully set forth herein.
In consideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of Eighty -Nine Thousand, Two -Hundred Seventeen Dollars and 00 Cents ($89,217.00) in the manner provided in the Contract Documents and subject to adjustment provided therein.
Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract Documents and subject to adjustment provided therein.
This Contract shall not be assigned without the written permission of the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.
ATTEST:
Ana Sauseda, CMC
Director of General Services/City Clerk
FUNDS AVAILABLE/INSURANCE
APPROVED:
Phillip White, Director of Finance
Fermin G. Preciado, Director of
Development Services/City Engineer
APPROVED AS TO FORM:
Steven Graham, City Attorney
CITY OF YUCAIPA
A Municipal Corporation
Chris Mann, City Manager Date
CONTRACTOR:
Three Peaks Corp Date
02/12/2024 City Council Agenda 64
Agenda Item No. %
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer L
Todd Gutjahr, Public Works Analyst
FOR: City Council Meeting of February 12, 2024
SUBJECT: Acceptance of Contract Work — 7th Street Pickleball Courts — Concrete Footings and Steel Structure/Cover Installation Project — Project No. 11150-2 RECOMMENDATION:
That the City Council:
1) Accept the contract work completed by Three Peaks Corporation in the amount of $187,031.52 for the 7th Street Pickleball Courts — Concrete Footings and Steel Structure/Cover Installation Project — Project No. 11150-2 (Project); and 2) Authorize the recordation of the Notice of Completion for the Project; and 3) Accept the as -built plans for the Project.
BACKGROUND/DISCUSSION:
On September 12, 2022, the City Council approved the revised Conceptual Pickleball Master Plan for the 7th Street Pickleball facility and approved the development of Phase 1 of the facility, which includes the following:
l . Removal of the existing 7th Street Modular Skate Park equipment and construction of four new pickleball exclusive courts.
2. Installation of a steel structure over the four proposed pickleball courts that emulates/expands the existing steel structure cover.
3. Installation of lighting under the new steel structure cover over the four pickleball courts.
4. Demolition of the existing theatre building located east of the existing basketball courts.
On January 23, 2023, the City Council awarded a contract to Western Steel Buildings of Park City, Utah for the Engineering Design and Fabrication Services Including Delivery for Yucaipa 02/12/2024 City Council Agenda 65
Pickleball Court Cover Project— Project No. 11150 in the amount of $149,702.46 and approved a total construction budget of $169,702.46 for this project.
On August 28, 2023, the City Council awarded a contract to Three Peaks Corporation of Calimesa, CA (Three Peaks) for the Project in the amount of $155,850. The City Council also approved the amount of $15,585 for contract contingency and $7,793 for construction contract administration and inspection. The Project consisted of installing the concrete footings for the steel structure cover, leveling the existing concrete surface, and installing the steel structure per the plans and specifications.
During the course of construction, underground site conditions resulted in additional work required to complete the installation of the concrete footings for the steel structure. Subsequently, on October 23, 2023, the City Council awarded Change Order No. 1 in the amount of $21,292 for this additional work. Change Order No. 1 resulted in a revised Project construction budget total in the amount of $200,520.
Inspections performed by staff during the course of the work and upon completion of the work have assured that the work was completed in accordance with the contract specifications for the Project.
The completion of the Project is a significant highlight for the City and an important step towards completing the Pickleball Master Plan and achieving the City Council's Goals for 2024.
FISCAL IMPACT:
No additional fiscal impact as a result of the recommended City Council action.
Attachments:
1. Notice of Completion — Project No. 11150-2
Approved by:
02/12/2024 City Council Agenda 66
Attachment 1
02/12/2024 City Council Agenda 67
RECORDING REQUESTED BY
City of Yucaipa
WHEN RECORDED RETURN TO:
City Clerk
City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Recording Fee $0
Government Code 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Pursuant to the provisions of Section 9204 of the Civil Code of the State of California, NOTICE IS HEREBY GIVEN that work on the certain project known as:
PROJECT NO. 11150-2
7TH STREET PICKLEBALL COURTS — CONCRETE FOOTINGS AND STEEL
STRUCTURE/COVER INSTALLATION PROJECT
No APN Number
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 12th day of February 2024.
The said work was performed by Three Peaks Corporation of Calimesa, CA in accordance with the terms of the written agreement dated the 28th day of August 2023.
Dated February 12, 2024
CITY OF YUCAIPA, a Municipal Corporation, Owner
34272 Yucaipa Blvd, Yucaipa, CA 92399
Fermin G. Preciado, Director of Development Services/City Engineer 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 the document.
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
Subscribed and sworn to (or affirmed) before me on this 12th day of February 2024 by Fermin G. Preciado, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Date
Ana Sauseda, Director of General Services/City Clerk
of
�JGAI
02/12/2024 City Council Agenda
COApORA?EO/
Agenda Item No. 8
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer 7- j`"Lk_
Todd Gutjahr, Public Works Anal ye
FOR: City Council Meeting of February 12, 2024
SUBJECT: Acceptance of Contract Work — City Yard Paving and Hardscape Project — Project No. 11190
RECOMMENDATION:
That the City Council:
1) Accept the contract work completed by Three Peaks Corporation in the amount of $576,133 for the City Yard Paving and Hardscape Project — Project No. 11190 (Project); and
2) Authorize the recordation of the Notice of Completion for the Project; and 3) Accept the as -built plans for the Project.
BACKGROUND/DISCUSSION:
The New City Yard Relocation Project (Relocation Project) included the removal and relocation of the City Yard facilities as part of the Oak Glen Creek Specific Plan. The Relocation Project was completed in phases and will serve as the City's Public Works Maintenance Yard. The Relocation Project included the installation of three (3) steel building structures, the installation of tenant improvements inside those buildings, and the design and installation of underground utilities, site/access-road paving, fencing, and landscaping.
Beginning in July 2020, the City Council awarded multiple construction contracts for the various phases of improvements required for the Relocation Project. All phases were completed, with the exception of fencing and landscape.
On September 25, 2023, the City Council awarded a contract to Three Peaks Corporation of Calimesa, CA (Three Peaks) for the Project in the amount of $488,433. The City Council also approved the amount of $97,000 for contract contingency for a total construction contract budget in the amount of $585,433. The Project consisted of paving access roads, concrete flatwork, and construction of material storage bays.
02/12/2024 City Council Agenda 69
Inspections performed by staff during the course of the work and upon completion of the work have ensured that the work was completed in accordance with the contract specifications for the Project.
Staff is recommending acceptance of the contract work for the Project in the amount of $576,133.
The completion of the Project has allowed the Public Works Division to move in and operate from this new facility. It also helps achieve one of the City Council's goals for 2024 to complete current projects.
FISCAL IMPACT:
No additional fiscal impact as a result of the recommended City Council action.
Attachments:
1. Notice of Completion — Project No. 11190
Approved by:�
02/12/2024 City Council Agenda 70
Attachment 1
02/12/2024 City Council Agenda 71
RECORDING REQUESTED BY
City of Yucaipa
WHEN RECORDED RETURN TO:
City Clerk
City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Recording Fee $0
Government Code 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Pursuant to the provisions of Section 9204 of the Civil Code of the State of California, NOTICE IS HEREBY GIVEN that work on the certain project known as:
PROJECT NO. 11190
CITY YARD PAVING AND HARDSCAPE PROJECT
No APN Number
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 12th day of February 2024.
The said work was performed by Three Peaks Corporation of Calimesa, CA in accordance with the terms of the written agreement dated the 25th day of September 2023.
Dated February 12, 2024
CITY OF YUCAIPA, a Municipal Corporation, Owner
34272 Yucaipa Blvd, Yucaipa, CA 92399
Fermin G. Preciado, Director of Development Services/City Engineer 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 the document.
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
Subscribed and sworn to (or affirmed) before me on this 121h day of February 2024 by Fermin G. Preciado, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Date
Ana Sauseda, Director of General Services/City Clerk
02/12/2024 City Council Agenda
yVGAIPA, C'4(
OLW p
y
U rw wM
wJY E
�9
OAP RATES 1 72
Agenda Item No. 9
CITY OF YUCA I PA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City EngineerXTf!'. L. V-
Kevin Garcia, Assistant Engineer �,G
FOR: City Council Meeting of February 12, 2024
SUBJECT: Acceptance of Contract Work — 2022/2023 Pavement Rehabilitation Program - Project No. 11186
RECOMMENDATION:
That the City Council:
1) Accept the contract work completed by Matich Corporation in the amount of $1,348,273 for the 2022/2023 Pavement Rehabilitation Program — Project No. 11186; and 2) Authorize the recordation of the Notice of Completion for the 2022/2023 Pavement Rehabilitation Program.
BACKGROUND/DISCUSSION:
On March 8, 2022, the City Council approved the FY2022/2023 Pavement Management Program (PMP). Included as a part of the PMP is the FY2022/2023 Pavement Rehabilitation Program (Program). The Program includes asphalt street repairs and rehabilitation of asphalt pavement on various streets throughout the City.
The Program was initiated in order to repair, resurface and extend the service life of various asphalt street segments as a part of the City's overall PMP and to meet one of the adopted City Council goals for 2023. The Program included pavement patching, cold milling, asphalt resurfacing and the restriping of the streets after the work was completed.
On June 12, 2023, the City Council awarded Matich Corporation a contract to complete the Program in the amount of $1,173,357. The City Council also approved the amount of $293,000 for contract contingency for a total construction contract budget in the amount of $1,466,357.
Inspections performed by staff during the course of the work and upon completion of the work have assured that the work was completed in accordance with the contract specifications for the Program. 02/12/2024 City Council Agenda 73
FISCAL IMPACT:
There is no additional fiscal impact as a result of the proposed recommendations.
Attachments:
1. Notice of Completion — Project No. 11186
Approved by:
02/12/2024 City Council Agenda 74
Attachment 1
02/12/2024 City Council Agenda 75
RECORDING REQUESTED BY
City of Yucaipa
WHEN RECORDED RETURN TO:
City Clerk
City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Recording Fee $0 SPACE ABOVE THIS LINE FOR RECORDER'S USE Government Code 6103
NOTICE OF COMPLETION
Pursuant to the provisions of Section 9204 of the Civil Code of the State of California, NOTICE IS HEREBY GIVEN that work on the certain project known as. - PROJECT NO. 11186
2022/2023 PAVEMENT RAHABILITATION PROGRAM
No APN Number
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 12th day of February 2024.
The said work was performed by Matich Corporation of Highland, CA in accordance with the terms of the written agreement dated the 12th day of June 2023.
Dated February 12th, 2024.
CITY OF YUCAIPA, a Municipal Corporation, Owner
34272 Yucaipa Blvd, Yucaipa, CA 92399
Fermin G. Preciado, Director of Development Services/City Engineer 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 the document.
STATE OF CALIFORNIA }
COUNTY OF SAN BERNARDINO }
Subscribed and sworn to (or affirmed) before me on this 12th day of February 2024, by Fermin G. Preciado, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Date
Ana Sauseda, Director of General Services/City Clerk
02/12/2024 City Council Agenda
Agenda Item No. 10
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer U( 'rti'r- i - P.
Landon Kern, Assistant City Engineer LK
Daniel Meisenbach, Construction Engineer
FOR: City Council Meeting of February 12, 2024
SUBJECT: Acceptance of Contract Work — Installation of Asphalt Speed Humps on Adams Street Project - Project No. 11199
RECOMMENDATION:
That the City Council:
1) Accept the contract work completed by NPG Corporation of Perris, CA. in the amount of $26,198 for the Installation of Asphalt Speed Humps on Adams Street Project- Project No. 11199 and;
2) Authorize the recordation of the Notice of Completion for the Project.
BACKGROUND/DISCUSSION:
In 2008, the City Council adopted the FY2007/2008 Neighborhood Traffic Calming Program (Program) for the City of Yucaipa. The intent of the Program is to create an objective and consistent process to address traffic issues on residential streets such as speeding, parking and other safety -related matters.
On September 25, 2023, the implementation of seven (7) mitigation measures were approved by the City Council to address concerns that were determined to be of significance under the Program.
One of the approved measures included the installation of permanent asphalt speed humps on Adams Street between Avenue D and Avenue E. As a result, staff prepared the plans, specifications, and bid documents for the Installation of Asphalt Speed Humps on Adams Street Project, Project No. 11199 (Project). This includes the installation of permanent asphalt speed humps and associated signage and striping.
On November 13'h 2023, the City Council awarded a contract to NPL Corporation of Perris, CA for the Project in the amount of $26,198. The City Council also approved the amount of $5,000 for contract contingency, for a total construction budget in the amount of $31,198. 02/12/2024 City Council Agenda 77
Inspections performed by staff during the course of the work and upon completion of the work have ensured that the work was completed in accordance with the contract specifications for the Project.
Staff is recommending acceptance of the contract work for the Project in the amount of $26,198.
FISCAL IMPACT:
There is no additional fiscal impact as a result of the proposed recommendations.
Attachments:
1. Notice of Completion — Project No. 11199
Approved by
02/12/2024 City Council Agenda 78
Attachment 1
02/12/2024 City Council Agenda 79
RECORDING REQUESTED BY
City of Yucaipa
WHEN RECORDED RETURN TO:
City Clerk
City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Recording Fee $0 SPACE ABOVE THIS LINE FOR RECORDER'S USE Government Code 6103
NOTICE OF COMPLETION
Pursuant to the provisions of Section 9204 of the Civil Code of the State of California, NOTICE IS HEREBY GIVEN that work on the certain project known as:
PROJECT NO. 11199
INSTALLATION OF ASPHALT SPEED HUMPS ON ADAMS STREET
No APN Number
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 121h day of February 2024.
The said work was performed by NPG Corporation of Perris, CA in accordance with the terms of the written agreement dated the 13th day of November 2023.
Dated February 12, 2024
CITY OF YUCAIPA, a Municipal Corporation, Owner
34272 Yucaipa Blvd, Yucaipa, CA 92399
Fermin G. Preciado, Director of Development Services/City Engineer A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document.
STATE OF CALIFORNIA }
COUNTY OF SAN BERNARDINO }
Subscribed and sworn to (or affirmed) before me on this 12th day of February 2024 by Fermin G. Preciado, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Date `tvGA1PA, C44�
Ana Sauseda, Director of General Services/City Clerk p
4 '� le
02/12/2024 City Council Agenda A$'0RAT,�. 0
80 Agenda Item No. 11
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer L j�
Crystal Campbell, Associate Engineer CC
FOR: City Council Meeting of February 12, 2024
SUBJECT: Purchase Authorization — Traffic Signal Equipment for the Oak Glen Road/Live Oak Canyon Road Widening Project, Colorado Street to Outer Hwy-10 South RECOMMENDATIONS:
That the City Council approve and authorize the City Manager to execute a purchase order/contract with Econolite, of Anaheim, CA in the amount of $31,224.98 (including tax) for the purchase of traffic signal equipment for the installation of a traffic signal at the intersection of Oak Glen Road and Colorado Street, as a part of the Oak Glen Road/Live Oak Canyon Road Widening Project, Colorado Street to Outer Hwy-10 South Project.
BACKGROUND/DISCUSSION:
The FY2023-24 Capital Improvement Program (CIP) includes the Oak Glen Road/Live Oak Canyon Road Widening Project, Colorado Street to Outer Hwy-10 South Project (Project). This Project is being completed in Phases, with Phase 1 and 2 completed in 2019 and 2023, respectively.
With the current economic conditions related to labor and material shortages, the delivery time for traffic signal poles and related equipment is being quoted as 120 to 140 days or even longer. This lead-time usually causes a significant delay in the construction and installation of new traffic signals after the construction contract is awarded to a contractor. In order to streamline the construction process, staff is proposing to purchase the traffic signal equipment in advance and have them delivered and readily available for the contractor to install after City Council has awarded the construction contract. In addition, by purchasing directly and not incurring the administration/processing fee usually passed along by the contractor to the City, the City may experience an overall cost savings for the project as the contractor cannot "mark" up the cost.
The proposed traffic signal equipment will be used to complete Phase 3 of the Project. Phase 3 includes the signalization of the intersection at Oak Glen Road and Colorado Street. The executed Development Agreement for the hotel and fueling station project being developed at the corner of Oak Glen Road and Colorado Street requires that the City construct the traffic signal at this intersection.
02/12/2024 City Council Agenda 81
Cost proposals and delivery lead times were requested from vendors who provide traffic signal equipment. The following proposals were received from two (2) vendors:
Vendor
Equipment Type
Est. Lead-time
Proposal Amount
Econolite
Electrical Cabinets, Signal
140 Days
$31,244.98
Controller and Battery Backup
Equipment
Swarco
Electrical Cabinets, Signal
301 Days
$37,823.48
Controller and Battery Backup
Equipment
Staff has reviewed the cost proposals and determined that they meet the requirements of the traffic signal construction contract plans and specifications. Consequently, staff recommends approval of the purchase from Econolite, in the amount of $31,224.98 for the purchase of the required traffic signal equipment to complete the installation of the new traffic signal.
FISCAL IMPACT:
The estimated cost of this Project in the amount of $31,224.98 is included in the adopted FY2023- 24 Capital Improvement Program. No further fiscal impact is anticipated.
Attachments:
Cost proposals for traffic signal equipment
Approved by:
02/12/2024 City Council Agenda 82
ATTACHMENT 1
02/12/2024 City Council Agenda 83
1/24/2024
To
ECOMOLI TE
Quotation
Fermin Preciado Quote Name: Cabinet and Controller Quote Yucaipa, CA; City of Project Reference:
34272 Yucaipa Blvd. Econolite Reference: Q-42607-1`42B
Yucaipa, CA 92399
Item #
Part
Qty
Description
Tariff
Price per
Extended
1 STCAB3949
1 332L ANOD CABINET YUCAIPA
$56.91
$9,637.80
$9,637.80
INCLUDES THE FOLLOWING:
1 332L ANODIZED ALUMINUM CABINET,
CALTRANSE2
2 CORBIN #2 DOOR LOCKS
1 DUAL FAN PANEL ASSEMBLY
1 DRAWER MOD ASSY, W/LOCKING TABS
2 LED LIGHTS, FRONT AND REAR
2 INPUT FILES W/ NYLON CARD
GUIDES (2 INPUT FILES)
1 PDA#21- W/206L PS AND SSR
1 OUTPUT FILE W/NYLON CARD GUIDES
W/ RED MONITOR KIT INSTALLED
1 WIRE LOAD SWITCH SOCKETS FOR INT LS
1 332L SERVICE PANEL ASSY
1 332 INPUT PANEL FULL
1 SERVICE PANEL ASSEMBLY
W/SHA 1250 ITS SURGE AND BASE
W/CB COVER
1 33X SERVICE PANEL ASSEMBLY
1 DIET TEST PANEL, X18 PUSH BUTTON
SWITCHES
1 342LX C11 HARNESS
1 2010ECL, CMU
2 FLASHERS, SSF-87
4 FLASH TRANSFER RELAYS
NO 242 DC ISOLATORS
NO LOADSWITCHES
NO DETECTORS, 222
NO CONTROLLER
NO OTHER EQUIPMENT NOT LISTED
ABOVE
2 088397D332-OOB
1 332 ANOD CALTRAN BBS CABINET
$2.36
$2,357.00
$2,357.00
3 McCain 2070E
1 McCain 2070E Controller w/ 2033 Software
$0.00
$5,918.75
$5,918.75
Controller w/
2033 Software
1250 N. Tustin Ave. Anaheim, Ca. 92807
econoIite.com/feedback
02/12/2024 City Council Agenda 84
ECO/VOL/TE
Quotation
4 0754100270
12 LOAD SWITCH, SOLID STATE TRI-PACK, PDC
$0.00
$28.00
$336.00
SSS-88
S
0756700010
4 DETECTOR, EDI LM222-SF
$1.70
$144.90
$579.60
6 0744500010
2 DC ISOLATOR, 242, PDC DCI-82
$0.00
$44.80
$89.60
7 FSR-HOUR-TECH
2 TECH LABOR W/CLIENTS PER HOUR;
$0.00
$600.00
$1,200.00
INCLUDES 4 HOURS OF FSR SUPPORT
8 MEUG24-
1 MEUG24-M100/M100-MOD
$0.00
$3,720.60
$3,720.60
M100/M100-
1 MEUG24 Galvanealed, Powder Coated.
MOD
24W 17D 48H
Meter 1
14 jaw meter socket with test blocks 200A
1Ph, 600V Max.
1 12 circuit load center 125A 1Ph. 3W Tin
Plated Cu.
1 100A/2P Eaton MCB plug -on 10k BR
frame
1 50A/1P Eaton branch CB plug -on 10k BR
frame (signal)
Meter 2
14 jaw meter socket with test blocks 200A
113h, 600V Max.
112 circuit load center 125A 1Ph. 3W Tin
Plated Cu.
1 100A/2P Eaton MCB plug -on 10k BR
frame
1 15A/1P Eaton branch CB plug -on 10k BR
frame (control)
1 30A/1P Eaton branch CB plug -on 10k BR
frame (Ltg)
1 P.E receptacle
1 Test switch SPST
1 6SA/3P Electrically Held contactor 120V
coil ABB SCCR included
1 Padmount Base 24" Steel
1 Set of Qty 4 anchor bolts 5/8
9 802S000115
1 ALPHA BBS LINE ITEMS 9-14
$0.00
$5,096.99
$5,096.99
UPS POWER MODULE HP 110OW W/(6)
RELAYS & 120V INPUT/OUTPUT IP/SNMP
10 802SO15020
1 AUTOMATIC TRANSFER SWITCH ASSEMBLY
19" RM 120VAC
it
8025095500
1 RBMS; CONTROLLER, SENSOR INT CABLES,
(1) CAT5E CBLS, (4) BS3B-12-4-EQ
SENSORS (4 BATTERY SYSTEM)
12 8025040053
4 BATTERY ALPHACELL 195XTV (100AH /
67LB)
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback
02/12/2024 City Council Agenda 85
ECO/VOL/TE
Quotation
13 8025050032
1 BATTERY CABLE HARNESS KIT 48V 8FT 1/4-
20 TERMINALS FXM SERIES W/131N BILK EXT
(334/P+) (SOUTHERN CALIFORNIA)
14 8025050039
2 CABLE 12AWG, 3 CONDUCTOR, 361N,
FERRULES
Subtotal
$28,936.34
Shipping & Handling*
Taxes* *
$2,242.57
Tariffs"
$66.07
TOTAL
$31,244.98
*Please note Econolite 2070LX Controller with 1C Module and ASC/3 Software Price $4,192.00 if desired.
Unless specifically requested or noted on this quotation, the product(s) quoted herein may or may not comply with any Buy America requirements.
Cabinet designs are considered final at time of order. Changes requested after date of order may result in additional fees and extended shipping lead times.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited except as required by law.
Quote Valid For Days: 60
FOB: Econolite Factory
Terms: NET30
*Ship Terms: PPD
**Taxes and Tariffs Estimated (if included)
Cored Ke iw
Corey Kelly, Account Manager, Senior
Mobile: 714-273-4912
[email protected]
Shipping Date: To be determined at time of receipt of order 1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback
02/12/2024 City Council Agenda 86
swarwDA
QUOTATION
Estimator: Jennifer Phelan
Quote #: JLP120723B (760)734-5050
Agency: Yucaipa City of [email protected]
Job Name: Oak Glen Rd & Colorado St
Bid Date: 1 /23/24
NOTE: 170E Controller has been discontinued, quote includes 2070E Controller.
On -Site Controller Turn -on Support is priced separately below, if required Bid Item Qnty Description Price Extension
1 332L CABINET, ANODIZED W/CORBIN $19,866.00 $19,866.00 LOCKS
1 2070E CONTROLLER
1 2033 SOFTWARE
1 CMU, 2010ECLIP W/10/100 ETHERNET PORT,
EDI
1 RED MONITOR KIT
2 204 FLASHER,MOD. ENCAPS.
3 242L ISOLATOR, EDI
4 430 F.T.R.
12 200 MODULAR 1/0 LOAD SWITCH
4 EDI 222 DETECTOR
1 HARN, OTPT FILE, AC-JMPR
1 DET ACT PNL, 332, 18 PB, TST SW
Does not include Encom, Iteris Video
equipment, Etherwan or Polara.
1 On -Site Controller Tech Support
(If Necessary)
1 Side mounted Battery Backup Cabinet
with Marathon BBS System and 4)
Batteries.
$1,800.00 $1,800.00
$5,973.00 $5,973.00
02/12/2024 City Council Agenda
RE
1 USPD-2M2100-11212CTB2-A1L $7,464.00 $7,464.00
VOLTS & PHASE: 200A 120/240V 1 PH 3W
*35 week estimated lead time. Subject to
change
submittals take 8 weeks on top of that.
kAIC: 10kAIC DESCRIPTION:
CONTAINING:
ENCLOSURE: USPD AL j l 1
UTILITY LANDING: 1PH lug landing 250MCM 1
MTR SOCKET: 4 Jaw Self -Contain Meter Socket with Test Blocks 200A 2 MAIN: 100A/2P Eaton MCB plug -on 10k BR frame 2
INTERIOR: 175 2P 1:6 PDB 2
BRANCH CB: 50A/1P Eaton CB clip -on 10k QC frame (M1) SIGNALS 1 30A/1P Eaton CB clip -on 10k QC frame (M2) SAFETY LIGHTING 1 15A/1P Eaton CB clip -on 10k QC frame (M2) PE CONTROL 1 PE SOCKET: P.E receptacle Twist lock (PE by others) #t056003 1 TEST SWITCH: Test switch SPST ##051073 1
TIME CLOCK:
CONTACTOR: 65A/3P Electrically Held ABB 120 Coil 1
Pad Mounting Base: Steel powder coated white 1
ENCLOSURE DIM: 24W x 48H x 16.50D
Enclosure material:.12S Aluminum
Enclosure Finish: Anodized
*caltrans or 3rd part inspection not
included
7.75% Sales Tax $2,720.48
Reference Total $37,823.48
Prices firm for 90 days. Freight included.
Sale is subject to Swarco's standard terms and conditions.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. .W
If you received this in error, please contact the sender and delete the material from any computer. 02/12/2024 City Council Agenda 88
Agenda Item No. 12
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of February 12, 2024
SUBJECT: Resolution Approving a Revised Records Retention Schedule RECOMMENDATION:
That the City Council Adopt Resolution No. 2024-03, approving a revised Records Retention Schedule for the City of Yucaipa and rescinding Resolution No. 2022-62.
DISCUSSION:
The City of Yucaipa's current Records Retention Schedule (Retention Schedule) was adopted on November 28, 2022, to provide regulations and guidelines for the efficient operation of the City's records. Its main purpose is to ensure that all City records are maintained in accordance with federal, state, and local statutes. Proper maintenance of numerous records is vital as improper maintenance can slow document retrieval when fulfilling public records requests. Best practices dictate a review and update of retention schedules periodically to ensure that the agency has an up-to-date inventory of documents, and that current administrative procedures and legal mandates are applied.
In August 2023, the City entered into an agreement with Diane Gladwell of Gladwell Governmental Services, Inc., an expert in local government records, to review and update the City's Retention Schedule. The new Retention Schedule was written with representatives from all departments participating in the project and provides clear, specific record descriptions and retention periods, and applies current law and technology to the management of Yucaipa's records. In addition, our consultant also proposed a new Supplemental Electronic Mail Management and Retention Policy which is consistent with current state laws.
It is standard business practice for California cities to authorize the routine destruction of records that have exceeded their adopted retention period. To streamline records destruction processing, and with the consent of the Director of General Services/City Clerk, City Manager, and City Attorney, this type of record will be authorized to be destroyed without further action by the City Council per the Council approved Retention Schedules.
The revised retention schedule includes organizational changes that occurred since November 2022. 02/12/2024 City Council Agenda 89
FISCAL IMPACT:
There is no fiscal impact.
Attachment(s):
1. Resolution No. 2024-03
Approved By: :�
02/12/2024 City Council Agenda 90
ATTACHMENT 1
02/12/2024 City Council Agenda 91
RESOLUTION NO.2024-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, APPROVING A REVISED RECORDS RETENTION
SCHEDULE FOR THE CITY OF YUCAIPA AND RESCINDING
RESOLUTION NO.2022-62
WHEREAS, the maintenance of numerous records is expensive, slows document retrieval, and is not necessary after a certain period of time for the effective and efficient operation of the government of the City of Yucaipa; and
WHEREAS, Section 34090 of the Government Code of the State of California provides a procedure whereby any City record which has served its purpose and is no longer required may be destroyed; and
WHEREAS, the State of California has adopted guidelines for retention periods for various government records; and
WHEREAS, the City of Yucaipa previously adopted a Records Retention Schedule on November 28, 2022, via Resolution No. 2022-62.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
Section 1. Resolution No. 2022-62 is hereby rescinded.
Section 2. The City Council of the City of Yucaipa hereby adopts the Records Retention Schedule, attached hereto as Exhibit "A." The records of the City shall be retained as set forth in the Records Retention Schedule. Updates and amendments to the Records Retention Schedule are hereby authorized to be made with the consent of the City Manager, City Attorney, and City Clerk, without further action by the City Council of the City of Yucaipa.
Section 3. Unless otherwise provided by law, the records of the City of Yucaipa may be destroyed as provided by Section 34090 of the Government Code of the State of California in accordance with the provisions of the Records Retention Schedule upon the request of the Department Head of the department having control over the record, and with the written consent of the City Attorney and City Clerk, without further action of the City Council of the City of Yucaipa.
Section 4. The City Clerk shall certify as to the passage and adoption of this resolution and enter it into the book of original resolutions.
02/12/2024 City Council Agenda 92
Section 5. This resolution shall become effective immediately upon its passage and adoption.
PASSED, APPROVED, and ADOPTED this 12th day of February, 2024.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
02/12/2024 City Council Agenda 93
Exhibit "A"
Available upon request at the General Services/City Clerk Department 02/12/2024 City Council Agenda 94
Agenda Item No. 13
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer F Benjamin J. Matlock, Deputy Director of Community Development/City Planne5� FOR: City Council Meeting of February 12, 2024
SUBJECT: Resolution No. 2024-02, approving the Infrastructure Financing Plan (IFP) and allocating a portion of the City's incremental property tax revenue for the Yucaipa Enhanced Infrastructure Financing District (EIFD) and authorizing the other actions related thereto.
RECOMMENDATION:
That the City Council adopt Resolution No. 2024-02, approving the Infrastructure Financing Plan (IFP) and allocating a portion of the City's incremental property tax revenue for the EIFD and authorizing other actions related thereto.
i• �� .1 t1i 0 ►1
An Enhanced Infrastructure Finance District ("EIFD") is a governmental entity that may be established by a City, County, or through a partnership between the two, that uses a portion of property tax growth to fund public capital facilities and infrastructure projects. The funding can also be used for other specified projects of citywide significance. A base year is established for properties within the geographical boundary of the EIFD, and the property tax growth beyond that base year is considered "increment." Generally, property taxes are unrestricted in use, however, this incremental tax growth can be allocated to the EIFD and used to finance necessary projects that can help accelerate economic development.
The City of Yucaipa has explored the concept of an EIFD since 2015, when the mechanism for EIFD's was established by California Government Code Sections 53398.50 (referred to as the "EIFD Law").
In 2021, the Southern California Association of Governments (SCAG) awarded the City a grant to study the formation of an EIFD that would encompass specific project areas needing infrastructure, and City Council has discussed this tool and its formation process on several occasions.
On November 28, 2022, the City Council adopted a Resolution of Intention (ROI) to initiate the establishment of the City of Yucaipa Enhanced Infrastructure Financing District (Yucaipa EIFD) that would encompass areas of the Freeway Corridor Specific Plan, the Oak Glen Road commercial and residential corridor and the Collage Village Overlay District, and to establish the Yucaipa EIFD Public Financing Authority (PFA) as the governing body. Stakeholder interviews with property owners, as well as presentations with the Economic Development Advisory Committee 02/12/2024 City Council Agenda 135
(EDAC) also occurred during this period.
On May 15, 2023, the PFA directed the preparation of the Infrastructure Financing Plan (IFP) as required by the EIFD Law (California Government Code Section 53398.50 through 53398.88).
The IFP is the legal document describing the EIFD, and it is to be adopted by the City Council and the PFA to guide the use of incremental tax revenues over the life of the EIFD. Public notices were mailed, information was posted on the City's Economic Development page of its website, and notices were also published in the newspaper, as required by law, to inform property owners and residents.
On October 19, 2023, the PFA received a presentation of the IFP, taking no action at that time.
Following that public meeting, the PFA must hold three public hearings before considering the approval of the IFP. The first public hearing was held on January 9, 2024, and a notice for the public hearing was published for four consecutive weeks beginning during the week of December 11, 2023. As of the preparation of this agenda report, no written or oral comments had been provided by the public or affected taxing entities on the IFP or the EIFD. Initial stakeholder input from property owners within the EIFD indicated support for the formation of the EIFD.
The current IFP is included in the Resolution
California Government Code Section 53398.63.
the IFP is provided below.
as Exhibit A. It contains all items required by
A summary of the key requirements contained in
Map and Legal Description: The proposed EIFD consists of approximately 1,400 acres of land, representing approximately 7% of the total acres of land in the City limits. The Yucaipa EIFD includes three primary, non-contiguous development opportunity site areas in (1) College Village Overlay District, (2) Freeway Corridor Specific Plan area, and (3) a grouping of development opportunity parcels adjacent to the Freeway Corridor Specific Plan along Oak Glen Road. The EIFD includes freeway -adjacent vacant land and underutilized parcels with significant potential for private investment where the planned land uses support a diversity of uses that would promote the economic development of, and enhancement of quality of life within, the boundaries of the EIFD and the surrounding areas of the City. The parcels were selected to capture the growth in assessed value from expected future development. This strategy supports the ability of the EIFD to finance public facilities by optimizing the potential for incremental tax growth after forming the EIFD.
Public Facilities and Development Proposed to be Financed: Example public capital facilities that can be financed through the EIFD include, but are not limited to:
• Freeway Corridor housing -supportive infrastructure, including affordable housing • Community parking structure
• Flood control, storm drain, other utility enhancements • Library improvements
• College Village transportation infrastructure
• Parks and open space related public amenities.
02/12/2024 City Council Agenda 136
The improvements ultimately funded must be of communitywide significance and benefit the area of the proposed EIFD and the surrounding community. A more detailed list of potential public improvements that the EIFD may finance is provided in the IFP for reference.
Use of Incremental Tax Revenue: The EIFD will use incremental property tax revenue to finance public facilities and maintenance of those public facilities, and administration of the EIFD. Based on the projected growth of assessed value, the incremental tax revenue that the City is expected to allocate over the lifetime of the EIFD is approximately $230 million in nominal dollar terms, not accounting for inflation ($96 million in present -value terms).
Necessity and Goals of the EIFD: The formation of the EIFD is necessary to assist in the financing of the construction of the public facilities that serve the EIFD boundary and surrounding community while providing significant communitywide benefits. These public facilities will catalyze private sector investment and development to support the City's General Plan, the Freeway Corridor Specific Plan, and to provide the infrastructure foundation for the development of critically needed housing in the community and greater region.
Economic and Fiscal Impacts: Establishing the EIFD provides an accelerated funding mechanism towards the development of the public facilities and other projects of communitywide significance, which will generate significant economic benefits to the City. A Fiscal Impact Analysis (Analysis) prepared by Kosmont Companies as Appendix D to the IFP estimates that EIFD activity would generate approximately $57 million in net positive general fund revenues on a present -value basis for the City. The Analysis estimates the net fiscal impacts for the City to construct facilities and provide services to the EIFD boundary and the taxes, fees, and other revenues expected to be received due to that development. Based on the Analysis, in Year 20 of the EIFD, the EIFD area will generate an annual net fiscal surplus of approximately $2.6 million for the City. The analysis is considered information to be used in the decision making process, and the ultimate financial results may vary.
Additionally, the Analysis highlights the job opportunities generated by the EIFD, including approximately 15,640 direct, indirect, and induced temporary constructed -related jobs and approximately 3,080 permanent ongoing jobs in the City and County.
Allocation of Incremental Property Tax Revenue: As part of adopting a Resolution to approve the IFP, the City Council is also taking action to commit a portion of its future property tax incremental growth to the EIFD. Table 3 in the IFP provides an overview of the projected growth of assessed value, property tax increment, and City allocations over the EIFD's lifetime. Respectively, the maximum portion of the City's property tax increment committed is 50%, but can be reduced prior to the funding of any projects. Based on the maximum participation, it is projected that approximately $230 million of incremental tax revenues will be reallocated to the EIFD over its lifetime from the City ($96 million in present -value terms).
These projections are based on research and analysis of available data at the time of IFP preparation. As such, actual results may differ, and the PFA may adjust the allocations during the Construction job -years, where one job -year is defined as one year of employment for one individual 02/12/2024 City Council Agenda 137
annual review of the IFP.
IFP and EIFD Approach: A key element to the framework of the IFP is to maintain as much flexibility as possible while the initial tax increment occurs. Specifically, the EIFD is designed to allow for future participation from the County of San Bernardino, which if it were to occur, would substantially enhance the EIFD funding levels. In addition, the process to reduce the total percentage of the property tax increment that is committed before any projects are financed, allowing the EIFD to operate for a few years and be modified once future plans are better known, including any participation from the County.
Next Steps:
The PFA must hold two more public hearings before the approval of the final IFP. These public meetings and hearings are scheduled to occur in late February and March of this year. The PFA may adopt the IFP at the third public hearing to form the EIFD.
A summary of the key actions for establishing the EIFD, as well as estimated dates of completion, is as follows:
PFA holds Public Hearing #2
February 26,
Additional comments taken; PFA
2024
takes action to approve, modify, or
reject IFP
PFA holds Public Hearing #3 and protest
March 27,
If majority protest exists — takes
proceeding
2024
action to terminate EIFD. If no
majority protest, PFA can propose
adoption of the IFP and form the
EIFD
Staff files EIFD with State Board of
March / April
Equalization (BOE) per guidelines for
2024
Change of Jurisdictional Boundaries
In the event of a majority protest by property owners or residents within the boundaries, the formation proceedings would be discontinued.
ENVIRONMENTAL REVIEW:
The City Council's adoption of Resolution No. 2024-02 is exempt from the California Environmental Quality Act ("CEQA") as an action solely related to the administrative or organizational activities of the City and creation of government funding mechanisms or other government fiscal activities. Therefore, this action does not constitute a "project" pursuant to CEQA Guidelines Sections 15378(b)(4) and 15378(b)(5). This action could not result in a physical change in the environment because the City has not committed itself to any specific project(s) that the EIFD could fund. As a separate and independent ground, this action is exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. However, future actions (such as the approval of infrastructure improvements using 02/12/2024 City Council Agenda 138
funding from the EIFD) will be subject to environmental review in accordance with CEQA.
There is no immediate fiscal impact from the adoption of the IFP. Once the PFA establishes the EIFD and pursuant to this Council item, 50% of the property tax increment within the EIFD will be reallocated to the EIFD and restricted for use within the provisions of the IFP.
Attachments:
1. Resolution No. 2024-02
Approved by: C/� �-
02/12/2024 City Council Agenda 139
ATTACHMENT 1
02/12/2024 City Council Agenda 140
RESOLUTION NO. 2024-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, APPROVING THE INFRASTRUCTURE FINANCING PLAN
FOR THE YUCAIPA ENHANCED INFRASTRUCTURE FINANCING
DISTRICT AND THE ALLOCATION OF THE CITY'S INCREMENTAL
PROPERTY TAX REVENUE WITHIN THE YUCAIPA ENHANCED
INFRASTRUCTURE FINANCING DISTRICT PURSUANT TO
GOVERNMENT CODE SECTIONS 53398.68 AND 53398.75
WHEREAS, the California Legislature enacted California Government Code sections 53398.50 through 53398.88 ("EIFD Law") authorizing cities and counties to form enhanced infrastructure financing districts within defined areas and use incremental property tax revenue generated from the growth in property taxes collected from within such districts to finance certain infrastructure and community benefit projects; and
WHEREAS, in enacting the EIFD Law, the California Legislature found and determined that with the dissolution of redevelopment agencies, public benefits will accrue if local agencies are provided a means to finance certain public infrastructure and community benefit projects authorized under the EIFD Law; and
WHEREAS, on November 28, 2022, the City Council of the City of Yucaipa ("City Council") adopted Resolution 2022-60, amended and restated on January 23, 2023 ("Resolution of Intention"), which initiated the process to establish the Yucaipa Enhanced Infrastructure Financing District ("Yucaipa EIFD") pursuant to EIFD Law; and
WHEREAS, pursuant to the Resolution of Intention, the City Council found that the Yucaipa EIFD is necessary for the area within the boundaries of the Yucaipa EIFD and the City of Yucaipa ("City") and declared that, pursuant to the EIFD Law, if approved by resolution pursuant to Government Code Section 53398.68, incremental property tax revenue from the City within the Yucaipa EIFD may be used to finance the activities described in the Resolution of Intention; and WHEREAS, pursuant to the Resolution of Intention, the City Council established the Yucaipa EIFD Public Financing Authority ("PFA") to serve as the governing board of the Yucaipa EIFD; and
WHEREAS, on May 15, 2023, pursuant to Government Code Section 53398.63, the PFA directed staff and the City's consultant Kosmont Companies to prepare a draft Infrastructure Financing Plan ("IFP") for the Yucaipa EIFD, which IFP is attached hereto as "Exhibit A" and is available for inspection at Yucaipa City Hall, 34272 Yucaipa Blvd., Yucaipa, CA 92399; and -1-
02/12/2024 City Council Agenda 141
WHEREAS, the IFP, among other things, includes a description of the public facilities to be financed by the Yucaipa EIFD and a financing section that includes, among other things, a specification of the maximum portion of the incremental tax revenue of the City proposed to be committed to the Yucaipa EIFD for each year during which the Yucaipa EIFD will receive incremental tax revenue, and a projection of the amount of tax revenues expected to be received by the Yucaipa EIFD in each year during which the Yucaipa EIFD will receive tax revenues, including an estimate of the amount of tax revenues attributable to the City for each year; and WHEREAS, on October 19, 2023, the PFA held a public meeting to present the IFP; and WHEREAS, on January 9, 2024, the PFA held a public hearing to consider oral and written comments to the IFP; and
WHEREAS, the City Council now desires to adopt this Resolution pursuant to Government Code Section 53398.68 to approve the IFP, substantially in the form prepared by City staff and consultants, serving as staff of the PFA, including the allocation of incremental tax revenue of the City in accordance with Government Code Section 53398.75 as set forth in the IFP.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
Section 1. The facts set forth in the Recitals of this Resolution are true and correct.
Section 2. The City Council hereby approves the IFP for the Yucaipa EIFD substantially in the form presented to the City Council and attached hereto as "Exhibit A", including, but not limited to, the specification of the maximum portion of the incremental tax revenue of the City to be committed to the Yucaipa EIFD for each year during which the Yucaipa EIFD will receive incremental tax revenue.
Section 3. The City Manager, or designee, are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution.
Section 4. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall cause a copy thereof to be forwarded to the PFA. -2-
02/12/2024 City Council Agenda 142
Section 5. The City Clerk of the City of Yucaipa shall certify as to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED the 12th day of February, 2024.
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
Justin Beaver, Mayor
-3-
02/12/2024 City Council Agenda 143
EXHIBIT A
02/12/2024 City Council Agenda 144
CITY OF YUCAIPA ENHANCED INFRASTRUCTURE
FINANCING DISTRICT
INFRASTRUCTURE FINANCING PLAN
Prepared For:
The City of Yucaipa
CITY OF
Prepared By:
PA
kosmon .
co pames
OCTOBER 2023
02/12/2024 City Council Agenda 145
Yucaipa EIFD
Infrastructure Financing Plan
August 2023
Table of Contents
Section
1.0 Introduction.............................................................................................
2.0 Description of the Proposed District.........................................................
3.0 Description of Proposed Facilities and Development ...............................
4.0 Finding of Communitywide Significance..................................................
5.0 Financing Section....................................................................................
6.0 Removal of Dwelling Units and Replacement Housing Plan ....................
7.0 Goals of the District.................................................................................
8.0 Appendices.............................................................................................
Index of Appendices
Appendix A: Map of Boundaries of the Yucaipa EIFD
Appendix B: Legal Description of the Yucaipa EIFD
Appendix C: Projected Tax Increment Revenue Analysis
Appendix D: Fiscal Impact Analysis
The analyses, pmjoctiorrs. assumptions, rates of return, and any examples presented hercar are for ituslralme purposes and are not a guarantee of actual and;or future results Project pro forma and l (,,� tax anat}ses are pro*bons onfl,. Actual results may dlfer from those expressed Inttys anahsrs 02/12/2024CityCbliriC�i�1, R
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1.0 Introduction
1.1 Background 8r Purpose
Background. Pursuant to its Resolution No. 2022-60, which was adopted by the City Council of the City of Yucaipa on November 28, 2022 then amended and restated on January 23, 2023 (the "Resolution of Intention") and Part 1 of Division 2 of Title 5 of the California Government Code (the "EIFD Law"), the City Council of the City of Yucaipa (the "City") declared its intention to establish the Yucaipa Enhanced Infrastructure Financing District ("Yucaipa EIFD" or "District").
Pursuant to the same Resolution of Intention, the City Council of the City established the "Yucaipa EIFD Public Financing Authority" ("PFA") as the governing body of the Yucaipa EIFD.
At its inaugural meeting on May 15, 2023, the PFA directed its Executive Director, who is the City Manager of the City, to prepare an infrastructure financing plan ("IFP') for the Yucaipa EIFD.
Purpose of the Yucaipa EIFD. The Yucaipa EIFD is intended to serve as a catalyst for private sector investment and critical public infrastructure with transformative potential for the Yucaipa EIFD area and the City as a whole. The Yucaipa EIFD encompasses approximately 1,400 acres of land, representing approximately 7% of the acreage currently within City limits. The Yucaipa EIFD includes three primary, non-contiguous development opportunity site areas in (1) College Village Overlay District, (2) Freeway Corridor Specific Plan area, and (3) a grouping of development opportunity parcels adjacent to the Freeway Corridor Specific Plan boundaries. The EIFD includes freeway -adjacent vacant land and underutilized parcels with significant potential for private investment where current and planned land use guidance support a diversity of uses promoting economic development of, and enhancement of quality of life within, the boundaries of the EIFD and the surrounding community.
1.2 Contents and Overview of this Infrastructure Financing Plan ("IFP") Pursuant to Government Code Sections 53398.59 through 53398.74, this IFP includes the following information:
a) A map and legal description of the District, included herein as Appendix A and Appendix B, respectively.
b) A description of the public facilities and other forms of development or financial assistance that is proposed in the area of the District, including those to be provided by the private sector, those to be provided by governmental entities without assistance from the District, those public improvements and facilities to be financed with assistance from the proposed District, and those to be provided jointly. The description includes the proposed location, AL
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The analyses, projections, assumptions, rates of return, and any examples presented heresy are for nllus ffirve purposes and are not a guarantee of actual and -'or future results Project pro fomra and tax analyses are projecbons only. Actual resuhs may differ from those expressed in this analysis 1601N Sepulveda OW p382,Manhattan Beach, CA90266 1 (324)297-1070 1 *wrkosmontcorn 147
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timing, and costs of the development and financial assistance. This information is included in Section 3 of this IFP.
c) A finding that the development and financial assistance are of communitywide significance and provide significant benefits to an area larger than the area of the District.
This information is included in Section 4 of this IFP.
d) A financing section (included in Section 5 of this IFP), which contains all of the following information:
1) A specification of the maximum portion of the incremental tax revenue of the City District proposed to be committed to the District for each year during which the District will receive incremental tax revenue. The portion may change over time.
Section 5.1 and Table 3 of this IFP details the maximum portion of the incremental property tax revenue of the City proposed to be committed to the District throughout the duration of the District lifetime, which is projected to be forty-five (45) years from the date on which the issuance of bonds is approved by the PFA.
In summary, the maximum portion of the City's property tax increment is 50%. 2) A projection of the amount of tax revenues expected to be received by the District in each year during which the District will receive tax revenues. Section 5.2 and Table 3 of this IFP includes a projection of tax revenues to be received by the District by year over the course of the District's lifetime, as described in the previous paragraph. These projections are based on research and analysis of available data at the time of IFP preparation for purposes of illustration. Actual results may differ from those expressed in this document. Appendix C provides additional detail for the projected revenue analysis. See paragraph 5 below for the Yucaipa EIFD termination date.
3) A plan for financing the public facilities to be assisted by the District, including a detailed description of any intention to incur debt. Section 5.4 of this IFP includes a plan for financing the public facilities to be assisted by the District. The PFA intends to incur debt only when it is financially prudent to do so. It is estimated at this time that the Yucaipa EIFD will provide funding for approximately $96 million (in present value dollars) of public improvement costs from a combination of tax increment bond or loan proceeds (multiple issuances may be necessary) and pay- as-you-go tax increment funding over the District lifetime. 4) A limit on the total number of dollars of taxes that may be allocated to the District pursuant to the plan. The total number of dollars of taxes that may be allocated to the District shall not exceed $350,000,000 in nominal dollars. 5) A date on which the District will cease to exist, by which time all tax allocation to the district will end. The date shall not be more than 45 years from the date on which the issuance of bonds is approved pursuant to subdivision (a) of Section AL
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The analyses, projectionsassumptions, rates of return, and any examples presented herein are for dlubllative purposes and are not a guarantee of actual andior future results Project pro ro"rra find tax anakses are projections only. Actual results may differ from those expressed n this anah-srs 1601 N Sepulveda OW P362. Manhattan fieach, CA 902% 1 (424) 297-1070 1 rwit kosmont corn 148
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53398.81, or the issuance of a loan is approved by the governing board of a local agency pursuant to Section 53398.87. The District will cease to exist on the earlier of: (i) forty-five (45) years from the date on which the issuance of bonds is approved by the PFA, or (ii) June 30, 2075. This IFP assumes that the District will be formed in Fiscal Year 2023-2024 and will begin receiving tax revenues in Fiscal Year 2024-2025.
6) An analysis of the costs to the City of providing facilities and services to the area of the District while the area is being developed and after the area is developed.
The plan shall also include an analysis of the tax, fee, charge, and other revenues expected to be received by the City as a result of expected development in the area of the District. Appendix D to this IFP includes, as part of the Fiscal Impact Analysis, an analysis of the costs to the City for providing facilities and services to the area of the District. Appendix D also includes an analysis of the tax, fee, charge, and other revenues expected to be received by the City as a result of expected development in the area of the District. It is estimated that, at Year 20 of the District lifetime (assumed stabilized buildout of the District area), annual costs to the City will be approximately $7.5 million and annual revenues to the City will be approximately $10.1 million.
7) An analysis of the projected fiscal impact of the District and the associated development upon the City. Appendix D to this IFP includes an analysis of the projected fiscal impact of the District and the associated development upon the City, as the only affected taxing entity that is contributing tax increment revenues to the District at this time. It is estimated that, at Year 20 of the District lifetime, the District area will generate an annual net fiscal surplus of approximately $2.6 million to the City.
8) A plan for financing any potential costs that may be incurred by reimbursing a developer of a project that is both located entirely within the boundaries of that District and qualifies for the Transit Priority Project Program, pursuant to Section 65470, including any permit and affordable housing expenses related to the project. At this time, the PFA does not intend to finance any potential costs that may be incurred by reimbursing a developer of a project that is both located entirely within the boundaries of the District and qualifies for the Transit Priority Project Program, pursuant to Section 65470.
e) If any dwelling units within the territory of the District are proposed to be removed or destroyed in the course of public works construction within the area of the district or private development within the area of the district that is subject to a written agreement with the District or that is financed in whole or in part by the District, a plan providing for replacement of those units and relocation of those persons or families consistent with the requirements of Section 53398.56. The PFA does not anticipate that any housing units 02/12/2024 City AR 1 k�'��, W
The analyses, projections assumptions, rates of return, and any examples presented heron are for dluuiatrvt ptrposes and are not a guarantee of actual an6or future results Proiftt pro rtwrna and tax anayses arc pro)ectrons onty. Actual results may ddfer from those expressed in tlrs anahsts 1601N SepuWcdaBNd 0382, Manhattan Beach. CA 90266 1 (424)297-1070 1 wxkosmontcom 149
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will be removed as a result of any project identified in this IFP. However, if any relocation of dwelling units is deemed to be required in the future for a project financed by the District, the PFA will comply with the requirements of Government Code Section 53398.56.
f) The goals the District proposes to achieve for each project financed pursuant to Section 53398.52. Section 7 of this IFP summarizes the goals of each project to be financed by the District.
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The analyses, projectiom assumptions ratesof rclurn, and any examples presented heren a•c fc tlu Xrative purposes and voe not a guarantee of actual and,or future re-jults Pro)ect pro fomw aW, tax anatyses are projections onh-. Actual results may ddfer from those expressed in the anah-sts 1601 N. Sepulveda BNO P362. flanhaltan Beach. CA 90266 1 (424) 297-1070 1 wwv kosmnt com 150 00 Yucaipa EIFD
Infrastructure Financing Plan
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2.0 Description of the Proposed District
The Yucaipa EIFD is intended to serve as a catalyst for private sector investment and critical public infrastructure with transformative potential for the Yucaipa EIFD area and the City as a whole. The Yucaipa EIFD encompasses approximately 1,400 acres of land, representing approximately 7% of the total acreage currently within City limits. The Yucaipa EIFD includes three primary, non-contiguous development opportunity site areas in (1) College Village Overlay District, (2) Freeway Corridor Specific Plan area, and (3) a grouping of development opportunity parcels adjacent to the Freeway Corridor Specific Plan boundaries. The EIFD includes freeway - adjacent vacant land and underutilized parcels with significant potential for private investment where current and planned land use guidance support a diversity of uses promoting economic development of, and enhancement of quality of life within, the boundaries of the EIFD and the surrounding community.
Land use designations in the District primarily include vacant parcels with smaller concentrations of agriculture, single/multi-family residential, transportation/utilities, and general office. Appendix A includes a map of the proposed District, and Appendix B is a legal description of the District. 02/12/2024 City C'dtkh JA
a
The anuly—ses, projections. assumptions rates of return, and any examples presented hereei are for dlus;rOUVe purposes and are not a guarantee of actual andror future results Roicct pro lorma and tax anal, ses am projections only. Actual results may differ from those expressed n this analysis 1601N Sepulycdaetyd p382,Manhattan8cach.CA90266 1 (424)297-1070 1 wwnxosmontcom 151
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3.0 Description of Proposed Facilities
and Development
3.1 Anticipated Future Private Development
Anticipated future private development within the Yucaipa EIFD is summarized in Table 1 below, with greater detail provided in Appendix C. Buildout and absorption of these land uses are forecasted in the first 20 years of the District lifetime.
Table 1: Anticipated Future Private Development
Estimated AV at
Development Type SF / Units AV Per SF / Unit Buildout
(2023 Nominal
Value)
Residential — Attached 2,211 units $350,000 per unit $774 million Residential — Detached 679 units $550,000 per unit $373 million Commercial / Retail / 248,500 SF $225 PSF $56 million
Office / Flex
Industrial 2,417,000 SF $165 PSF $399 million
Estimated Total $1.602 billion
Source: City of Yucaipa Planning Staff, CoStar Property (2022)
3.2 Public Facilities to be Financed with Assistance from the Yucaipa EIFD The EIFD Law authorizes the Yucaipa EIFD to finance the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or longer, if they are of communitywide significance and provide significant benefits to the Yucaipa EIFD or the surrounding community.
The PFA intends to utilize the District to fund infrastructure projects of communitywide significance that provide significant benefits to the region over the District lifetime. Examples of potential priority infrastructure improvements to receive EIFD funding over the District's lifetime including the following:
a) Freeway Corridor housing -supportive infrastructure, including affordable housing b) Community parking structure
c) Flood control, storm drain, other utility enhancements d) Library improvements
e) College Village transportation infrastructure
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The analyses, projections assumptions, ratc. of return. and any examples presented hercrr are for ilustrative purposes and are rM a guarantee of actual andror ruttre mulls Project pro forma and tax analyses are projecWns only Actual results may differ from fhose expressed in the analgsts 1601N. Sepulveda Blva 0362,Manhattan Beach,CA90266 1 (424)297-1070 1 .vrxkosrnontcom 152
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f) Parks and open space, related public amenities
It is estimated that the total project costs supported by the EIFD will range between $70 million and $100 million, in alignment with IFP projections of development and present -value funding capacity. It is estimated that such projects will be funded throughout the anticipated district lifetime (approximately 2024-2074)
Additional expenditures by the Yucaipa EIFD, including any use of potential future EIFD bond proceeds, will be subject to approval by the PFA. Eligible expenditures in accordance with Government Code sections 53398.52 and 53398.56 include the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or longer and are projects of communitywide significance that provide significant benefits to the district or the surrounding community. The Yucaipa EIFD may also finance the ongoing or capitalized costs to maintain public capital facilities financed in whole or in part by the Yucaipa EIFD. Facilities funded may be located outside the boundaries of the Yucaipa EIFD, as long as they have a tangible connection to the work of the Yucaipa EIFD.
The Yucaipa EIFD will also finance planning and design activities that are directly related to the purchase, construction, expansion, or rehabilitation of these projects. Projects financed by the Yucaipa EIFD may include, but not be limited to, all of the following:
• Highways, interchanges, and ramps;
• Bridges;
• Arterial streets;
• Parking facilities;
• Transit facilities;
• Parks, recreational facilities, and open space;
• Sewage treatment and water reclamation plants and interceptor pipes; • Facilities for the collection and treatment of water for urban uses; • Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles;
• Storm water conveyance and collection facilities;
• Flood control levees and dams, retention basins, and drainage channels; • Child care facilities;
• Libraries;
• Broadband and telecommunications infrastructure;
• Sidewalks and streetscape improvements;
• Bicycle lanes and paths;
• Public art;
• Corporation yards;
• Police facilities;
The analysts, projections. assumptions, rates or return, and any examples presented hcrm are for ltlw
Jlustratmrme purposes and arc not a guarantee of actual and+or future results. Project pro foa and tax analyses are projecbons only. Actual results may direr from these expressed inthis analysrs 02/12/2024Cityc�a 36 1601rl SepulvedaBW P362,Manhattan Beach, CA902% 1 (424)297-1070 1 avw KPsmontcort' 153
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• Brownfield restoration and other environmental mitigation; • Affordable housing as authorized under the EIFD Law;
• Projects that implement a sustainable communities strategy and transit priority projects; • Acquisition, construction, or repair of industrial structures for private use; • Acquisition, construction, or repair of commercial structures by the small business occupant of such structures, if such acquisition, construction, or repair is for purposes of fostering economic recovery from the COVID-19 pandemic and of ensuring the long-term economic sustainability of small businesses;
• Projects that enable communities to adapt to the impacts of climate change, including, but not limited to, higher average temperatures, decreased air and water quality, the spread of infectious and vector -borne diseases, other public health impacts, extreme weather events, sea level rise, flooding, heat waves, wildfires, and drought; • Facilities in which nonprofit community organizations provide health, youth, homeless, and social services.
Other Expenses: In addition to the direct costs of the above facilities, the Yucaipa EIFD may finance the costs of planning and design work that is directly related to the purchase, construction, expansion or rehabilitation of property, including, but not limited to, the cost of environmental evaluation and engineering and surveying costs; environmental remediation costs; construction staking costs; utility relocation and demolition costs incidental to the construction of the facilities; costs of legal services; and costs of project/construction management.
In addition, the Yucaipa EIFD may finance any other expenses incidental to the formation, administration' and implementation of the Yucaipa EIFD and to the construction, completion, inspection and acquisition of the authorized facilities, including, but not limited to, the costs of creation and administration of the Yucaipa EIFD; costs of issuance of bonds or other debt of the Yucaipa EIFD or of any other public agency (including a community facilities district) that finances authorized facilities, and payment of debt service thereon; financing costs of improvements incurred by developers until reimbursement for the costs of the improvements from the Yucaipa EIFD; costs incurred by the City or the Yucaipa EIFD in connection with the division of taxes pursuant to Government Code section 53398.75; and legal costs. r _Administration costs refer to the actual or reasonably estimated costs directly related to the administration of the Yucaipa EIFD, including, but not limited to, the following: the costs of computing annual tax increment revenues and preparing the required annual reporting, the costs of allocation tax increment revenues (whether by the County, the City, or otherwise); the costs to the City,'i'ucaipa EIFD, or any designee thereof in complying with disclosure requirements; the costs associated with preparing required disclosure statements and responding to public inquiries regarding the Yucaipa EIFD; and the costs of the City, Yucaipa EIFD, or any designee thereof related to any appeal of the implementation of the Yucaipa EIFD. Administration costs shall also include amounts estimated or advanced by the City for any other administrative purposes, including, but not limited to, attorney's fees or any other expenses incidental to the implementation of the Yucaipa EIFD.
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Targeted improvements would conform to established guidelines in adopted planning documentation, such as the City General Plan.
The PFA intends to continue to identify, evaluate, and pursue additional funding sources and financing mechanisms aside from District tax increment to implement the improvements identified above, potentially including grant sources, complementary district formation (e.g., Mello -Roos Community Facilities District), impact fees, private sector investment incentivized by the formation of the Yucaipa EIFD itself, and/or other sources.
Private sector developers will be responsible for funding project -specific / fair -share / in -tract infrastructure. Some public facilities included in the Yucaipa EIFD area are anticipated to be provided by governmental entities without assistance from the District. There are no public facilities anticipated to be provided jointly by the private sector and governmental entities; however, it is possible that private sector developers may advance funding for improvements, and those advances may be partially reimbursed with EIFD proceeds. Such case -specific agreements would come before the PFA for approval at the appropriate time.
In accordance with Government Code Section 53398.69, the Yucaipa EIFD may expend up to 10 percent of any accrued tax increment in the first two years of the effective date of the Yucaipa EIFD on planning and dissemination of information to the residents within the Yucaipa EIFD boundaries about the IFP and planned activities to be funded by the Yucaipa EIFD, including reimbursement of the City's advanced funding of such eligible costs.
In addition, in accordance with Government Code Section 53398.76, costs incurred by the County of San Bernardino in connection with the division of taxes for the Yucaipa EIFD are eligible to be paid by the Yucaipa EIFD.
L
02/12/2024 City c) 9!A1
The analyses, projections. assumptions, rates of return, and arm examples presented heron are for Auslrative purposes and are not a guarantee of actual andror future results Project pro romw and tax anat.ses am projections onA-. Actual results may differ from those expressed in this analysis 1601N. Sepulveda 6Md0362.ManhaltanBeach. CA90266 1 (424)297-faro I rwa.kosmonlcom 155
Yucaipa EIFD
Infrastructure Financing Plan
October 2023
4.0 Finding of Communitywide
Significance
Implementation of the District promotes the goals of and is consistent with the City's General Plan, serves as a catalyst for private sector investment and critical public infrastructure with transformative potential for the Yucaipa EIFD area and the City as a whole. The District supports job creation, housing production, improvement of quality of life, and promotion of environmental sustainability.
Specific communitywide and regional benefits anticipated to be generated by the District include:
• Approx. $57 million in net fiscal impact to the City over 50 years (on a present -value basis) 0 Approx. 2,900 housing units within and around the District upon buildout and stabilization • 15,600 direct, indirect, and induced temporary, construction -related jobs in the City and County
0 2,246 direct, permanent jobs in the City and County upon buildout and stabilization • 834 additional indirect and induced permanent jobs in the City and County (total of 3,080 direct, indirect, and induced jobs) upon buildout and stabilization • $2.33 billion in economic output from construction in the City and County 0 $357 million in annual ongoing economic output in the City and County upon buildout and stabilization.
02/12/2024 City Ct dAl it v; u,
The analyses, projections. assumptions. rates of re4urn. and any examples presented herev we for dlustralive purposes and are not a guarantee of actual andtor future 1"ulls Project pro ►onrra aryl tax analyses are projections only. Actual results may differ from those expressed in the anah�srs 1601N.SeputvedaBNd#382.Manhattan Beach, CA902661 (424)297-1070 1 wwvrkosmenicom 156
Yucaipa EIFD
Infrastructure Financing Plan
October 2023
5.0 Financing Section
Projections included in this IFP are based on research and analysis of available data at the time of IFP for purposes of planning and illustration. Actual results may differ from those expressed in this document.
Aside from the City, no other taxing entity is allocating property tax increment to the District at this time. It is anticipated that property tax increment will be utilized on both a "pay-as-you-go" basis as well as security for tax increment bond issuance or loan acquisition.
Definition of Tax Increment. For purposes of clarity, the phrases "tax increment," "incremental property tax" and "incremental tax revenue", as used in this IFP and the EIFD Law, refer to the portion of future property tax revenue described in Section 53398.75(a)(2) of the EIFD Law, i.e., the difference between (A) and (B) in the following formula:
(A) the taxes that would be produced by the rate upon which the tax is levied each year during the term of the Yucaipa EIFD upon the total sum of the assessed value of the taxable property in the EIFD in each such year minus
(B) the taxes that would be produced by the rate upon which the tax is levied upon the total sum of the assessed value of the taxable property in the Yucaipa EIFD as shown upon the last equalized roll prior to the effective date of the resolution adopted pursuant to Section 53398.69 of the EIFD Law to create the Yucaipa EIFD.
In the case of the Yucaipa EIFD, the resolution adopted pursuant to Section 53398.69 is expected to be prior to December 2023, and the last equalized roll prior to the effective date of that resolution is the roll for Fiscal Year 2023-2024. Fiscal Year 2023-24 is referred to as the "base year." The assessed value of the taxable property shown in such last equalized roll is approximately $25 million. This value is referred to as the "base year value".
Overlap with Boundaries of former Yucaipa Redevelopment Agency. The Yucaipa EIFD may include partial overlap with former Redevelopment Project Area boundaries of the former Yucaipa Redevelopment Agency, and so property tax revenues generated by the properties within the overlapping area will flow according to the Redevelopment Agency dissolution statutes until all of the Successor Agency's obligations are retired and the Successor Agency is dissolved. The City anticipates allocating Redevelopment Property Tax Trust Fund ("RPTTF") residual revenues to the District as part of the maximum allocations outlined in the following sections. As such, the exhibits included in this plan reflect such allocations.
AL
02/12/2024 City C�i�t�o�iP
The analyses, prolecuon5 assumptions rates of return, and arw examples presented hercn we for dlus8ativc purposes and tie not a gtuvantee of actual andror future results ProleV pro hxrrna and tax anayses are prolections onM. Actual results may deter from ftse expressed in this anak-sts 1601N SeputveoaBNd P382.Manhattan Beach, CA902E5 1 (121)297-1010 1 m-mkosmontcom 157
Yucaipa EIFD
Infrastructure Financing Plan
October 2023
Where the District boundaries overlap with the boundaries of the former Redevelopment Project Area, any debt or obligation of a District shall be subordinate to any and all enforceable obligations of the former Redevelopment Agency, as approved by the Oversight Board and the Department of Finance.
5.1 Maximum Portion of Incremental Tax Revenue Dedicated to the District Table 3 details the maximum portion of the incremental property tax revenue of the City proposed to be committed to the District throughout the duration of the District lifetime. In summary, the maximum portion of the City's property tax increment is 50% over the District lifetime.
5.2 Projection of District Tax Revenues by Year
Table 3 provides an overview of the projected growth of assessed value, property tax increment, and City allocations to the District over the District lifetime. It is expected that a total of approximately $229,606,230 of incremental tax revenues will be allocated to the District over the District lifetime. These projections are based on research and analysis of available data at the time of IFP preparation for purposes of illustration. Actual results may differ from those expressed in this document. Appendix C provides additional detail for the projected revenue analysis.
5.3 Plan for Financing Public Facilities
The PFA intends to utilize numerous funding sources and financing mechanisms to implement the improvements identified in Section 3.2, potentially including District tax increment, grant sources, complementary district formation (e.g., Community Facilities District), impact fees, private sector investment incentivized by the formation of the Yucaipa EIFD itself, and/or other sources.
As it pertains to the use of District tax increment, the PFA intends to incur debt only when it is financially prudent to do so. It is estimated at this time that the Yucaipa EIFD will provide funding for approximately $96 million (in present value dollars) of public improvement costs from a combination of tax increment bond or loan proceeds (multiple issuances may be necessary) and pay-as-you-go tax increment funding over the District lifetime
5.4 Limit on Total Dollars Allocated to the District
The total number of dollars of taxes that may be allocated to the District shall not exceed $350,000,000 in nominal dollars over the District lifetime.
The City hereby irrevocably allocates all of the City's share of tax increment as characterized herein to the Yucaipa EIFD to the extent that: (i) the City's share of increment is necessary to repay bonds, notes or related agreements or to meet contractual obligations that the Yucaipa 02/12/2024 City c�i�c�N,A�'�
The analyses, projections assumptions rates of return, and any examples presented heron arc fw dluVratrvc pvvoses and are im a guarantee of actual and�or futue tesulls Project pro fomra and tax analyses are projections onta. Actual results may differ from those expressed in this analysts 1601N SepulvedaB" 0362. Manhattan Beach, CA 902% 1 (424) 297-10 70 1 *VwKOSaronl;on, 158
Yucaipa EIFD
Infrastructure Financing Plan
October 2023
EIFD is obligated to satisfy with Yucaipa EIFD tax increment, and (ii) prior to the PFA incurring an obligation under subsection (i), such bonds, notes, agreements or obligations shall be approved by the City Council.
5.5 District Termination Date
The District will cease to exist the earlier of: (i) forty five (45) years from the date on which the issuance of bonds is approved by the PFA, or (ii) June 30, 2075. This IFP assumes that the District will be formed in Fiscal Year 2023-2024 and will begin receiving tax revenues in Fiscal Year 2024- 2025.
5.6 Analysis of Costs to Provide Facilities and Services Appendix D to this IFP includes, as part of the Fiscal Impact Analysis, an analysis of the costs to the City for providing facilities and services to the area of the District while the area is being developed and after the area is developed. It is estimated that, at Year 20 of the District lifetime (assumed stabilized buildout of District area), annual costs to the City will be approximately $7.5 million to service the area of the District.
5.7 Fiscal Impact Analysis
Appendix D to this IFP includes an analysis of the projected fiscal impact of the District and the associated development upon the City, as the only affected taxing entity that is allocating tax increment revenues to the District. Table 4 presents an overview of fiscal impacts to the City t. It is estimated that, at Year 20 of the District lifetime, the District area will generate an annual net fiscal surplus of approximately $2.6 million to the City. Over 50 years, it is estimated that District activity will generate a positive net fiscal impact of approximately $56.7 million for the City on a present -value basis. This is in addition to the Community economic benefits outlined in Section 4 of this IFP (e.g., housing, jobs, mobility and connectivity, quality of life, environmental sustainability).
ttAAwa
02/12/2024 City Cd
The analyses, projections, assumptions. rates of return, and any examples presented herein are for illustrative purposes and are not a guarantee of actual anftr future results Project pro forma and tax analyses are projections only. Actual results may differ from those expressed in this analyses 1601N. SeMlyedaSW 0382. Manhattan Beach, CA 90266 1 (424)297-1070 1 wwakosmontcorn 159
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 Yucaipa EIFD
Infrastructure Financing Plan
October 2023
Table 3: Projection of District Revenues by Year
City Allocation of AB8 Property Tax 1 City Allocation of Property Tax in -lieu of MVLF Property lax
Average City
Portion of
Increment
Avg Equiv.
I
Portion of
Total Taxes
Fiscal Year
Incremental
Increment @
Share
i Increment
Share
Allocated to
Share of
Increment
i
CShare
Increment
Allocated to
Assessed Value
1%General
Available
MVLF
Available
Allocated
Lev
Available
I
Allocated
EIFD
Available
Allocated
EIFD
2023 / 2024
$0
$0
24.01%
$0
50%
$0
11.6%
$0
50%
$0
$0
2024 / 2025
$418,432,483
$4,184,325
24.01%
$1,004,753
50%
$502,377
11.6%
$483,953
50%
$241,977
$744,353
2025 / 2026
$557,499,395
$5,574,994
24.01%
I $1,338,685
50%
$669,343
11.6%
$644,796
50%
$322,398
$991,741
2026 / 2027
$643,668,131
$6,436,681
24.01%
$1,545,596
50%
$772,798
11.6%
$744,458
50%
$372,229
$1,145,027
2027 / 2028
$726,371,008
$7,263,710
24.01%
$1,744,185
50%
$872,093
11.6%
$840,111
50%
$420,055
$1,292,148
2028 / 2029
$812,114,613
$8,121,146
24.01%
$1,950,075
50%
$975,038
11.6%
$939,281
50%
$469,640
$1,444,678
2029 / 2030
$907,937,042
$9,079,370
24.01%
$2,180,167
50%
$1,090,084
11.6%
$1,050,107
50%
$525,054
$1,615,137
2030 / 2031
$1,000,169,062
$10,001,691
24.01%
$2,401,638
50%
$1,200,819
11.6%
$1,156,782
50%
$578,391
$1,779,210
2031 / 2032
$1,095,717,269
$10,957,173
24.01%
$2,631,071
50%
$1,315,536
11.6%
$1,267,291
50%
$633,646
$1,949,181
2032 / 2033
$1,194,677,417
$11,946,774
24.01%
$2,868,697
50%
$1,434,349
11.6%
$1,381,747
50%
$690,874
$2,125,222
2033 / 2034
$1,297,147,763
$12,971,478
24.01%
$3,114,752
50%
$1,557,376
11.6%
$1,500,263
50%
$750,132
$2,307,508
2034 / 2035
$1,403,229,132
$14,032,291
24.01%
$3,369,478
50%
$1,684,739
11.6%
$1,622,955
501/.
$811,478
$2,496,217
2035 / 2036
$1,513,024,978
$15,130,250
24.01%
i $3,633,124
50%
$1,816,562
11.6%
$1,749,944
50%
$874,972
$2,691,534
2036 / 2037
$1,626,641,445
$16,266,414
24.01%
$3,905,943
50%
$1,952,972
11.6%
$1,881,351
50%
$940,675
$2,893,647
2037 / 2038
$1,744,187,441
$17,441,874
24.01%
1 $4,188,198
50%
$2,094,099
11.6%
$2,017,303
50%
$1,008,652
$3,102,751
2038 / 2039
$1,865,774,700
$18,657,747
24.01%
$4,480,157
50%
$2,240,079
11.6%
$2,157,929
50%
$1,078,965
$3,319,043
2039 / 2040
$1,973,360,224
$19,733,602
24.01%
j $4,738,495
50%
$2,369,248
11.6%
$2,282,361
50%
$1,141,181
$3,510,428
2040 / 2041
$2,084,492,939
$20,844,929
24.01%
I $5,005,351
50%
$2,502,675
11.6%
$2,410,896
50%
$1,205,448
$3,708,123
2041 / 2042
$2,199,271,698
$21,992,717
24.01%
j $5,280,961
50%
$2,640,481
11.6%
$2,543,647
50%
$1,271,824
$3,912,304
2042 / 2043
$2,317,797,891
$23,177,979
24.01%
$5,565,570
50%
$2,782,785
11.6%
$2,680,733
50%
$1,340,366
$4,123,151
2043 / 2044
$2,440,175,503
$24,401,755
24.01%
$5,859,427
50%
$2,929,713
11.6%
$2,822,273
50%
$1,411,137
$4,340,850
2044 / 2045
$2,489,475,013
$24,894,750
24.01%
$5,977,806
50%
$2,988,903
11.6%
$2,879,292
50%
$1,439,646
$4,428,549
2045 / 2046
$2,539,760,513
$25,397,605
24.01%
$6,098,554
50%
$3,049,277
11.6%
$2,937,452
50%
$1,468,726
$4,518,003
2046 / 2047
$2,591,051,723
$25,910,517
24.01%
$6,221,716
50%
$3,110,858
11.6%
$2,996,775
50%
$1,498,387
$4,609,245
2047 / 2048
$2,643,368,758
$26,433,688
24.01%
$6,347,341
50%
$3,173,670
11.6%
$3,057,284
50%
$1,528,642
$4,702,312
2048 / 2049
$2,696,732,133
$26,967,321
24.01%
$6,475,479
50%
$3,237,739
11.6%
$3,119,003
50%
$1,559,502
$4,797,241
2049 / 2050
$2,751,162,775
$27,511,628
24.01%
$6,606,179
50%
$3,303,090
11.6%
$3,181,957
50%
$1,590,978
$4,894,068
2050 / 2051
$2,806,682,031
$28,066,820
24.01%
$6,739,494
50%
$3,369,747
11.6%
$3,246,170
50%
$1,623,085
$4,992,832
2051 / 2052
$2,863,311,671
$28,633,117
24.01%
$6,875,475
50%
$3,437,737
11.6%
$3,311,667
50%
$1,655,833
$5,093,571
2052 / 2053
$2,921,073,905
$29,210,739
24.01%
$7,014,175
50%
$3,507,088
11.6%
$3,378,474
50%
$1,689,237
$5,196,324
2053 / 2054
$2,979,991,383
$29,799,914
24.01%
$7,155,650
50%
$3,577,825
11.6%
$3,446,617
50%
$1,723,308
$5,301,133
2054 / 2055
$3,040,087,211
$30,400,872
24.01%
$7,299,954
50%
$3,649,977
11.6%
$3,516,123
50%
$1,758,061
$5,408,038
2055 / 2056
$3,101,384,955
$31,013,850
24.01%
$7,447,144
50%
$3,723,572
11.6%
$3,587,019
50%
$1,793,509
$5,517,081
2056 / 2057
$3,163,908,654
$31,639,087
24.01%
$7,597,278
50%
$3,798,639
11.6%
$3,659,333
50%
$1,829,666
$5,628,305
2057 / 2058
$3,227,682,827
$32,276,828
24.01%
$7,750,414
50%
$3,875,207
11.6%
$3,733,093
50%
$1,866,547
$5,741,754
2058 / 2059
$3,292,732,484
$32,927,325
24.01%
$7,906,614
50%
$3,953,307
11.6%
$3,808,329
50%
$1,904,164
$5,857,471
2059 / 2060
$3,359,083,133
$33,590,831
24.01%
$8,065,937
50%
$4,032,969
11.6%
$3,885,069
50%
$1,942,535
$5,975,503
2060 / 2061
$3,426,760,796
$34,267,608
24.01%
$8,228,447
50%
$4,114,223
11.6%
$3,963,344
50%
$1,981,672
$6,095,895
2061/2062
$3,495,792,012
$34,957,920
24.01%
$8,394,207
50%
$4,197,103
11.6%
$4,043,185
50%
$2,021,592
$6,218,696
2062 / 2063
$3,566,203,852
$35,662,039
24.01%
$8,563,282
50%
$4,281,641
11.6%
$4,124,622
50%
$2,062,311
$6,343,952
2063 / 2064
$3,638,023,929
$36,380,239
24.01%
$8,735,739
50%
$4,367,869
11.6%
$4,207,688
50%
$2,103,844
$6,471,713
2064 / 2065
$3,711,280,408
$37,112,804
24.01%
$8,911,644
50%
$4,455,822
11.6%
$4,292,415
50%
$2,146,208
$6,602,030
2065 / 2066
$3,786,002,016
$37,860,020
24.01%
$9,091,068
50%
$4,545,534
11.6%
$4,378,837
50%
$2,189,419
$6,734,953
2066 / 2067
$3,862,218,056
$38,622,181
24.01%
$9,274,081
50%
$4,637,040
11.6%
$4,466,988
50%
$2,233,494
$6,870,534
2067 / 2068
$3,939,958,417
$39,399,584
24.01%
$9,460,753
50%
$4,730,377
11.6%
$4,556,901
50%
$2,278,451
$7,008,827
2068 / 2069
$4,019,253,586
$40,192,536
24.01%
$9,651,159
50%
$4,825,580
11.6%
$4,648,613
50%
$2,324,306
$7,149,886
2069 / 2070
$4,100,134,657
$41,001,347
24.01%
$9,845,373
50%
$4,922,687
11.6%
$4,742,159
50%
$2,371,079
$7,293,766
2070 / 2071
$4,182,633,350
$41,826,334
24.01%
$10,043,472
50%
$5,021,736
11.6%
$4,837,576
50%
$2,418,788
$7,440,524
2071 / 2072
$4,266,782,017
$42,667,820
24.01%
$10,245,532
50%
$5,122,766
11.6%
$4,934,901
50%
$2,467,450
$7,590,217
2072 / 2073
$4,352,613,658
$43,526,137
24.01%
$10,451,634
50%
$5,225,817
11.6%
$5,034,173
50%
$2,517,086
$7,742,903
2073 / 2074
$4,440,161,931
$44,401,619
24.01%
$10,661,858
50%
$5,330,929
11.6%
$5,135,430
50%
$2,567,715
$7,898,644
Total
i $309,943,785
50%
$154,971,892
$149,288,667
50%
$74,644,334
$229,616,226
Present Value
@ 3.0%
$130,216,940
50%
$65,108,470
$62,720,772
50%
$31,360,386
$96,468,856
02/12/2024 City Ct�i��X
The analyses, projectiorn. assumptions. rates of return, and any examples presented herm are for aluseralrve purposes and are not a 9twanlee of actual andror future results Project pro lomla and tax anal s are projections on4-. Actual results may differ From those expressed in this analysts. 1601N.SepulvedaBNO9362,Manhattan Beach.CA90266 1 (424)297-1070 1 *w.%kosmontcorn 160
Yucaipa EIFD
Infrastructure Financing Plan
October 2023
Table 4: Overview of Fiscal Impacts to City
Annual;
Year 0-50
Year 0-50
(Stablized
Nominal
Present Value
Year 20)1
Total
@ 3.0%
City of Yucaipa
i
Estimated Fiscal Revenues (Net of Allocation of TI to EIFD) $10,054,350
$566,628,200
$223,809,700
Estimated Fiscal Expenditures
$7,458,200
$437,445,000
3 $167,124,200
Estimated Net Fiscal Impact to City
$2,596,150 r
$129,183,200
$56,685,500
l
5.8 Developer Reimbursement for Transit Priority Project The PFA does not intend to finance any potential costs that may be incurred by reimbursing a developer of a project that is both located entirely within the boundaries of the District and qualifies for the Transit Priority Project Program, pursuant to Section 65470. To the extent that a developer is willing to fund Transit Priority Project infrastructure expenditures beyond and in advance of said developer's fair share (not contemplated at this time), the PFA may consider and evaluate such reimbursement at the appropriate time.
'A
02/12/2024 City CA-UPAP Aa.
The analyses, projections, assumptions, rates of retum, and any examples presented heren are for illustrative purposes and ate not a guarantee of actual andeor future results Project pro forma and tax anayses arc prolectrons onh,. Actual results may differ from those expressed in thrs analysis 1601 N. Sepulvecla SW 0*362. Manhattan Beach, CA 9021% 1 024j 297-1070 1 ima kosmont com 161
Yucaipa EIFD
Infrastructure Financing Plan
October 2023
6.0 Removal of Dwelling Units and
Replacement Housing Plan
The PFA does not anticipate that any housing units will be removed as a result of any public works construction within the area of the District or private development within the area of the District that is subject to a written agreement with the District or that is financed in whole or in part by the District. However, if any relocation of dwelling units is deemed to be required in the future for a project financed by the District, the PFA will comply with the requirements of Government Code Section 53398.56.
'A
02/12/2024 City cja> r �liA
The analyses, projections. assumptions.. rates of return, and any examples presented heron are fcc Olustralrve purposes Aryl are not a guarantee of actual andror future resuls Project pro forma and tax analyses are projections only, Actual results maydiffer from those expressed in the ana" 1601N. SepulvedaBrao $2362, Manhattan Beach, CA 90266 1 (424)297-1070 1 rrwwkosmantcom 162
Yucaipa EIFD
Infrastructure Financing Plan
October 2023
7.0 Goals of the District
As stated in the Resolution of Intention, the goal of the Yucaipa EIFD is to assist in the provision of public facilities of communitywide significance that provide significant benefits and promote economic development within the boundaries of the Yucaipa EIFD and the surrounding community and, for those facilities located outside the Yucaipa EIFD boundaries which also have a tangible connection to the Yucaipa EIFD.
More specifically, the goals of the District's implementation of the public facilities outlined in Section 3.2 are to support the City's General Plan and serve as a catalyst for private sector investment and critical public infrastructure with transformative potential for the Yucaipa EIFD area and the City as a whole. The District additionally aims to implement Statewide policy goals of housing supply and sustainable infrastructure investment.
Additional objectives include economic development in the form of fiscal revenue generation for the City and other taxing entities, job creation, housing production, improvement of quality of life, and promotion of environmental sustainability. The District will be utilized to address critical infrastructure funding needs, which are are critical to catalyze private sector investment and development.
The analyses, projections. assumptions, rates of return. and arty examples presented herein are for dlu,2,imivv pvtyises and are not a guarantee of actual andror future rCSulls Projet t pin fomta anti tax anatpes are projections only. Actual results maydilfer from those expressed in th-i analysis 02/12/2024 City
t 601 N Sepulveda Bkd 0382. Manhattan Beach, CA 90M 1 (424 ) 29 -' O i o i awa xcsrnont c om 163
8.0 Appendices
Appendix A: Map of Boundaries of the Yucaipa EIFD
Appendix B: Legal Description of the Yucaipa EIFD
Appendix C: Projected Tax Increment Revenue Analysis
Appendix D: Fiscal Impact Analysis
Alk
02/12/2024 City CLWVI� a,
Yucaipa EIFD
Infrastructure Financing Plan
October 2023
The analyses, projections. assumptions. rates of return, and arm examples presented herm am for Illustrative ptxposes and ate not a guarantee of actual and+or future resuhs Project pro fora and tax analyses are projections only. Actual results may differ from those expressed in this analysis 1601 N. Sepulveda BMd $1362, Manhattan Beach, CA 90M 1 (424)297-1070 1 ww kosmont con 164
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CITY OF YUCAIPA
ENHANCED INFRASTRUCTURE FINANCING DISTRICT (EIFD)
GEOGRAPHIC DESCRIPTION
PARCEL AREA "A"
All that certain real property, situate in the City of Yucaipa incorporated territory, located in Section 33, Township 1 South, Range 2 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California, described as follows:
BEGINNING at the Southwest corner of Section 33 of said Township 1 South, Range 2 West, San Bernardino Base and Meridian;
1) thence, N00°06'37"W, a distance of 1,084.32 feet to the beginning of a non -tangential curve; 2) thence, turning to the left, along the arc of said curve, with a radius of 1,000.00 feet, through a central angle of 23°46'00", having a radial bearing of S23°08'19"W, and an arc distance of 414.81 feet; 3) thence N89°22'19"E, a distance of 1,377.20 feet to the beginning of a tangential curve; 4) thence, turning to the right, along the arc of said curve, with a radius of 850.00 feet, through a central angle of 89°57'59", having a radial bearing of N00°37'41"W, and an arc distance of 1,334.68 feet; 5) thence S00°39'42"E, a distance of 148.88 feet;
6) thence S89°20'54"W a distance of 2,640.11 feet to the POINT OF BEGINNING.
Containing 57.14 acres more or less.
PARCEL AREA "B"
All that certain real property, situate in the City of Yucaipa, incorporated territory, located in Lot 37 of the Rancho San Bernardino, Sections 9, 10 and 11, Township 2 South, Range 2 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California, described as follows:
BEGINNING at the Southwest corner of Section 9 of said Township 2 South, Range 2 West, San Bernardino Base and Meridian;
1) thence N00°43'06"W, a distance of 44.15 feet;
2) thence N89°24'20"E, a distance of 478.09 feet;
3) thence N01 °39'47"W, a distance of 101.01 feet;
4) thence N37°36'58"W, a distance of 264.83 feet;
5) thence N43°50'29"W, a distance of 295.12 feet;
6) thence N65°18'50"W, a distance of 185.19 feet;
7) thence S80°42'36"W, a distance of 182.55 feet;
8) thence N53'17'17"W, a distance of 351.20 feet;
9) thence N37°23'01"W, a distance of 206.97 feet;
P.\2219/19��ZU�\4uU,e l ouHcilSAgendfiYucaipa\Exhibits\Parcel Area A-B_LEGAL.DOC Blair, Church & Flynn Consulting Engineers 111/ZZ/ 174
10) thence N70°09'22"W, a distance of 512.80 feet;
11) thence N49°43'26"E, a distance of 1,041.56 feet;
12) thence N59°55'50"E, a distance of 261.48 feet;
13) thence N47°52'53"W, a distance of 311.37 feet;
14) thence N84°43'38"W, a distance of 96.06 feet;
15) thence S59°57'07"W, a distance of 335.02 feet;
16) thence S83°10'28"W, a distance of 337.84 feet;
17) thence N11°47'51"W, a distance of 115.65 feet;
18) thence N83°01'33"E, a distance of 168.55 feet;
19) thence N43°56'20"E, a distance of 482.54 feet;
20) thence N38°23'09"W, a distance of 663.24 feet;
21) thence NO3°25'10"W, a distance of 685.96 feet;
22) thence N28°08'26"W, a distance of 629.15 feet;
23) thence N58°08'14"W, a distance of 356.05 feet;
24) thence N05°28'46"W, a distance of 361.82 feet;
25) thence N89°12'38"E, a distance of 812.18 feet;
26) thence N89°18'18"E, a distance of 811.15 feet;
27) thence N00°27'12"E, a distance of 585.46 feet to the beginning of a tangential curve; 28) thence turning to the right, along the arc of said curve, with a radius of 480.00 feet, through a central angle of 35°17'12", having a radial bearing of N89°32'48"W, and an arc distance of 295.62 feet; 29) thence N35°44'24"E, a distance of 78.89 feet;
30) thence S54°15'36"E, a distance of 976.15 feet;
31) thence S27°24'47"E, a distance of 290.93 feet;
32) thence, S81 °53'47"E, a distance of 265.91 feet to the beginning of a non -tangential curve; 33) thence turning to the right, along the arc of said curve, with a radius of 560.00 feet, through a central angle of 29°04'23", having a radial bearing of N37°23'53"E, and an arc distance of 284.16 feet to a point of intersection with a non -tangential line; 34) thence N66°57'11"E, a distance of 224.57 feet;
35) thence N55°27'10"E, a distance of 55.88 feet;
36) thence N66°33'27"E, a distance of 368.47 feet;
Page Q2ayo1f 7 r� y �g $ P.\22161??Y7��YTl?\ l u31Dci1cA ti n\ ucaipa\Exhibits\Parcel Area A-B_LEGAL.DOC Blair, Church & Flynn Consulting Engineers Z 175
37) thence N48°40'49"E, a distance of 248.63 feet;
38) thence N45°06'03"E, a distance of 60.48 feet;
39) thence N49'19'06"E, a distance of 585.63 feet;
40) thence N89°32'06"E, a distance of 1,113.54 feet;
41) thence N00°29'05"W, a distance of 320.99 feet;
42) thence N89°35'09"E, a distance of 436.78 feet to the beginning of a tangential curve; 43) thence turning to the left, along the arc of said curve, with a radius of 1,060.00 feet, through a central angle of 23°10'30", having a radial bearing of S00°24'51"E, and an arc distance of 428.75 feet to a point of intersection with a non -tangential line; 44) thence N43°37'28"E, a distance of 324.50 feet;
45) thence, N26°26'21"E, a distance of 128.60 feet to the beginning of a non -tangential curve; 46) thence turning to the left, along the arc of said curve, with a radius of 940.00 feet, through a central angle of 10'40'59", having a radial bearing of S48°37'16"E, and an arc distance of 175.27 feet; 47) thence N30°41'45"E, a distance of 384.04 feet to the beginning of a tangential curve; 48) thence turning to the right, along the arc of said curve, with a radius of 2,874.93 feet, through a central angle of 06°10'04", having a radial bearing of N59°18'15"W, and an arc distance of 309.48 feet; 49) thence N36°51'49"E, a distance of 490.69 feet to the beginning of a tangential curve; 50) thence turning to the left, along the arc of said curve, with a radius of 900.00 feet, through a central angle of 1813'47", having a radial bearing of S53°08'1 VE, and an arc distance of 286.35 feet; 51) thence N18°38'02"E, a distance of 378.96 feet;
52) thence S69°07'08"E, a distance of 119.02 feet;
53) thence S18°14'56"W, a distance of 45.59 feet;
54) thence S68°45'34"E, a distance of 1,172.21 feet;
55) thence N2115'01"E, a distance of 70.03 feet;
56) thence N22°36'58"W, a distance of 35.10 feet;
57) thence N32°19'02"E, a distance of 29.95 feet;
58) thence N18°37'33"E, a distance of 71.36 feet;
59) thence N51 °45'23"E, a distance of 31.44 feet;
60) thence S66°36'45"E, a distance of 118.25 feet;
61) thence N77°49'26"E, a distance of 240.16 feet;
62) thence N51 °57'56"E, a distance of 343.96 feet;
63) thence S86°36'16"E, a distance of 540.33 feet;
64) thence S00°26'50"E, a distance of 177.92 feet;
65) thence N81 °52'17"W, a distance of 129.59 feet;
66) thence N88°46'23"W, a distance of 348.02 feet;
67) thence S66°15'04"W, a distance of 186.38 feet;
68) thence S39°20'40"W, a distance of 95.03 feet;
69) thence S07°07'53"E, a distance of 70.34 feet;
70) thence S25°51'44"E, a distance of 73.98 feet;
71) thence N70°15'04"W, a distance of 100.34 feet;
72) thence N81 °21'04"W, a distance of 158.10 feet;
73) thence S38°15'02"W, a distance of 610.50 feet;
74) thence S06°51'43"W, a distance of 252.71 feet;
75) thence S35°35'56"W, a distance of 191.91 feet;
76) thence S45°42'46"W, a distance of 590.68 feet;
77) thence S73°36'17"W, a distance of 107.77 feet;
78) thence S42°39'55"W, a distance of 284.45 feet;
79) thence S71 °21'47"E, a distance of 142.14 feet to the beginning of a tangential curve; 80) thence turning to the right, along the arc of said curve, with a radius of 170.00 feet, through a central angle of 54°40'58", having a radial bearing of N18'38'1YE, and an arc distance of 162.25 feet to a point of intersection with a non -tangential line; 81) thence N68°58'37"W, a distance of 305.98 feet;
82) thence S56°44'19"W, a distance of 49.80 feet;
83) thence S12°53'53"W, a distance of 298.29 feet;
84) thence S19°01'07"W, a distance of 214.19 feet;
85) thence S03°08'25"E, a distance of 218.50 feet;
86) thence S53°03'25"E, a distance of 146.70 feet;
87) thence S08°04'35"W, a distance of 216.00 feet;
88) thence S36°35'35"W, a distance of 153.60 feet;
89) thence S28°01'25"E, a distance of 110.40 feet;
90) thence N85°04'35"E, a distance of 361.70 feet;
91) thence S00°29'58"E, a distance of 256.02 feet;
11Z/1Z LUZ l t l 177
92) thence N58°40'00"E, a distance of 57.93 feet;
93) thence N39°26'19"E, a distance of 220.63 feet;
94) thence N65°54'18"E, a distance of 250.83 feet;
95) thence N58°19'19"E, a distance of 150.59 feet to the beginning of a tangential curve; 96) thence turning to the right, along the arc of said curve, with a radius of 45.00 feet, through a central angle of 96°04'00", having a radial bearing of N31°40'41"W, and an arc distance of 75.45 feet; 97) thence S25°36'42"E, a distance of 48.49 feet;
98) thence S62°18'41"E, a distance of 198.42 feet;
99) thence N47°16'19"E, a distance of 191.18 feet;
100) thence N29°26'18"E, a distance of 201.74 feet;
101) thence N74°08'48"E, a distance of 148.60 feet;
102) thence N61 °25'54"E, a distance of 252.58 feet;
103) thence S72°10'30"E, a distance of 111.70 feet;
104) thence S89°30'37"E, a distance of 254.78 feet to the beginning of a tangential curve; 105) thence turning to the right, along the arc of said curve, with a radius of 20.00 feet, through a central angle of 103°59'59", having a radial bearing of N00°29'23"E, and an arc distance of 36.30 feet; 106) thence S14°29'21"W, a distance of 184.48 feet;
107) thence S16°02'29"E, a distance of 117.53 feet;
108) thence S73°58'36"E, a distance of 571.67 feet;
109) thence N86°21'05"E, a distance of 555.13 feet;
110) thence S41 °12'45"E, a distance of 178.84 feet to the beginning of a tangential curve, 111) thence turning to the right, along the are of said curve, with a radius of 150.00 feet, through a central angle of 40°34'20", having a radial bearing of N48°47'15"E, and an arc distance of 106.22 feet; 112) thence, S00°38'25"E, a distance of 174.68 feet to the beginning of a non -tangential curve; 113) thence turning to the right, along the arc of said curve, with a radius of 1,035.00 feet, through a central angle of 20°00'24", having a radial bearing of N13°39'13"W, and an arc distance of 361.40 feet to a point of intersection with a non -tangential line; 114) thence N89°29'56"E, a distance of 600.60 feet;
115) thence S00°41'33"E, a distance of 865.75 feet;
116) thence N81 °42'27"W, a distance of 579.59 feet;
117) thence S79°51'53"W, a distance of 616.50 feet;
118) thence NO2°40'15"W, a distance of 294.13 feet;
11Z/1 178
119) thence S80°51'45"W, a distance of 469.39 feet;
120) thence S20°47'45"W, a distance of 783.10 feet;
121) thence N74°51'57"E, a distance of 139.48 feet;
122) thence N89°54'32"E, a distance of 275.75 feet;
123) thence S72°47'19"E, a distance of 258.76 feet;
124) thence S67°38'45"E, a distance of 258.76 feet;
125) thence S62°30'1 YE, a distance of 258.76 feet;
126) thence S51 °32'25"E, a distance of 712.09 feet;
127) thence S68°45'52"E, a distance of 243.16 feet;
128) thence S43°21'06"E, a distance of 56.41 feet;
129) thence N00°36'1 YW, a distance of 102.68 feet;
130) thence S52°46'46"E, a distance of 13.23 feet to the beginning of a tangential curve; 131) thence turning to the right, along the arc of said curve, with a radius of 300.00 feet, through a central angle of 25°50'48", having a radial bearing of N37°13'14"E, and an arc distance of 135.33 feet; 132) thence S26°55'58"E, a distance of 162.93 feet;
133) thence S33°30'47"E, a distance of 170.00 feet;
134) thence S47°34'29"E, a distance of 200.00 feet;
135) thence S24°45'22"E, a distance of 663.43 feet;
136) thence S61 °00'38"W, a distance of 57.24 feet;
137) thence S23°13'27"E, a distance of 647.63 feet to the beginning of a tangential curve; 138) thence turning to the right, along the arc of said curve, with a radius of 900.00 feet, through a central angle of 22°43'34", having a radial bearing of N66°46'33"E, and an arc distance of 356.98 feet; 139) thence S00°29'53"E, a distance of 55.77 feet;
140) thence S88°37'53"W, a distance of 493.15 feet;
141) thence S00°27'35"E, a distance of 30.00 feet;
142) thence S88°34'19"W, a distance of 430.18 feet;
143) thence S89°13'21 "W, a distance of 2,629.35 feet;
144) thence S89°13'40"W, a distance of 2,629.30 feet;
145) thence N88°20'24"W a distance of 5,264.17 feet to the POINT OF BEGINNING.
Containing 1,403.90 acres more or less.
COMBINED PARCEL AREA TOTALS:
PARCEL AREA "A" containing 57.14 acres more or less;
PARCEL AREA "B" containing 1,403.90 acres more or less; COMBINED PARCEL AREAS "A" and "B" containing 1,461.04 acres, more or less.
This description of land is for assessment purposes only. This description is not to be considered a survey of land or used for the establishment of property lines. This description of land is not a legal property description as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale of the land described.
Prepared by:
BLAIR. CHURCH & FLYNN
F�aRclell Sc t est, P.L.S. 8663 Date
SCOT
L.S. 8663
Page Q7agoff 7t�S r� y $ P.\2210Q/1Z\ Uls l yy\ tgoui1DC11cA tio.\ ucaipa\Exhibits\Parcel Area A-B_LEGAL.DOC Blair, Church &Flynn Consult1 EOngineers
APPENDIX C: Projected Tax Increment Revenue Analysis - Yucaipa EIFD DRAFT
Total
0 1
2023-2024 2025
2 2026
3 2027
4 2028
5 2029
6 2030
7 2031
New Development
Residential - Attached
2,211 units
117 units
117 units
117 units
117 units
117 units
117 units
117 units
$350,000 per unit
$969,170,450
$42,659,001
$43,512,181
$44,382,425
$45,270,073
$46,175,475
$47,098,984
$48,040,964
Residential - Detached
679 units
33 units
33 units
44 units
33 units
33 units
44 units
33 units
$550,000 per unit
$470,226,298
$18,797,427
$19,173,376
$26,105,558
$19,947,980
$20,346,940
$27,703,427
$21,168,956
Commercial / Retail / Office / Flex
248,500 SF
16,567 SF
16,567 SF
16,567 SF
16,567 SF
16,567 SF
16,567 SF
16,567 SF
$225 PSF
$67,065,445
$3,878,091
$3,955,653
$4,034,766
$4,115,461
$4,197,770
$4,281,726
$4,367,360
Industrial
2,417,000 SF
2,054,000 SF
363,000 SF
$165 PSF
$416,163,017
$352,601,964
$63,561,053
$0
$0
$0
$0
$0
Subtotal Value Add
$1,922,625,210
$417,936,483
$130,202,263
$74,522,748
$69,333,514
$70,720,185
$79,084,137
$73,S77,280
Total Assessed Value
$24,800,000 $443,232,483
$582,299,395
$668,468,131
$751,171,008
$836,914,613
$932,737,042
$1,024,969,062
Incremental AV
$418,432,483
$SS7,499,395
$643,668,131
$726,371,008
$812,114,613
$907,937,042
$1,000,169,062
Total tax increment @ 1%
$4,184,325
$5,574,994
$6,436,681
$7,263,710
$8,121,146
$9,079,370
$10,001,691
City Average ABS Share Available 24.01%
$309,943,785
$1,004,753
$1,338,685
$1,545,596
$1,744,185
$1,950,075
$2,180,167
$2,401,638
Percent Allocated to EIFD 50.0%
$154,971,892
$502,377
$669,343
$772,798
$872,093
$975,038
$1,090,084
$1,200,819
City Equivalent Share of MVLF Property Tax 11.S7%
$149,288,667
$483,953
$644,796
$744,458
$840,111
$939,281
$1,050,107
$1,156,782
Percent Allocated to ElFD 50.0°/6
$74,644,334
$241,977
$322,398
$372,229
$420,055
$469,640
$525,054
$578,391
Total Revenues Allocated to EIFD
$229,616,226
$744,353
$991,741
$1,145,027
$1,292,148
$1,444,678
$1,615,137
$1,779,210
RA The ana"es, projactiom assumptions rates of return, and arty examplesprescrrted heren are for alustuArve purposes arxl are rwt a guarantee of actual anftr future results Project pro forma a+d tax anal, sea are pr ojecbons: onh,. Actual results may difer from those expressed n the enah's+s 5111CO2/12/2024 CityCouncil Agenda kC
3/30/2023
1601N 5mlvcdaBMC #362 RtanhaMn8cach,CA90266 1 t424>297-+.070 1 mvakosrnonlcom 1(YIOcIge 1of7
APPENDIX C: Projected Tax Increment Revenue Analysis - Yucaipa EIFD DRAFT
8 9
10 11
12 13
14 15
Total
2032
2033
2034
2035
2036
2037
2038
2039
New Development
Residential - Attached
2,211 units
117 units
117 units
117 units
117 units
117 units
117 units
117 units
117 units
$350,000 per unit
$969,170,450
$49,001,783
$49,981,819
$50,981,4S5
$52,001,084
$53,041,106
$54,101,928
$SS,183,967
$S6,287,646
Residential - Detached
679 units
33 units
33 units
33 units
33 units
33 units
33 units
33 units
33 units
$SS0,000 per unit
$470,226,298
$21,592,335
$22,024,182
$22,464,665
$22,913,959
$23,372,238
$23,839,683
$24,316,476
$24,802,806
Commercial / Retail / Office / Flex
248,500 SF
16,567 SF
16,567 SF
16,567 SF
16,S67 SF
16,567 SF
16,567 SF
16,567 SF
16,S67 SF
$225 PSF
$67,065,445
$4,454,708
$4,543,802
$4,634,678
$4,727,371
$4,821,919
$4,918,3S7
$5,016,724
$5,117,059
Industrial
2,417,000 SF
$16S PSF
$416,163,017
$0
$0
$0
$0
$0
$0
$0
$0
Subtotal Value Add
$1,922,625,210
$75,048,826
$76,549,802
$78,080,798
$79,642,414
$81,23S,262
$82,859,968
$84,517,167
$86,207,510
Total Assessed Value
$1,120,S17,269
$1,219,477,417
$1,321,947,763
$1,428,029,132
$1,537,824,978
$1,651,441,445
$1,768,987,441
$1,890,574,700
Incremental AV
$1,095,717,269
$1,194,677,417
$1,297,147,763
$1,403,229,132
$1,513,024,978
$1,626,641,445
$1,744,187,441
$1,865,774,700
Total tax increment @ 1%
$10,957,173
$11,946,774
$12,971,478
$14,032,291
$15,130,250
$16,266,414
$17,441,874
$18,657,747
City Average AB8 Share Available
24.01%
$309,943,785
$2,631,071
$2,868,697
$3,114,752
$3,369,478
$3,633,124
$3,905,943
$4,188,198
$4,480,157
Percent Allocated to EIFD
50.0%
$154,971,892
$1,315,536
$1,434,349
$1,557,376
$1,694,739
$1,816,562
$1,952,972
$2,094,099
$2,240,079
City Equivalent Share of MVLF Property Tax
11.57%
$149,298,667
$1,267,291
$1,381,747
$1,500,263
$1,622,955
$1,749,944
$1,881,351
$2,017,303
$2,157,929
Percent Allocated to EIFD
50.0°A
$74,644,334
$633,646
$690,874
$750,132
$811,478
$874,972
$940,675
$1,008,652
$1,078,965
Total Revenues Allocated to EIFD
$229,616,226
$1,949,181
$2,125,222
$2,307,508
$2,496,217
$2,691,534
$2,893,647
$3,102,751
$3,319,043
The anal -Ms, projectians. assumptions rates of return, and a"x examples presented he rcn are For dluVubi m purposes and are not a guarantee of actual and(or future results Project pro forma antf tax analyses arc projections only. Actual results may dfier from those expressed in this analysis 02/12/2024 City Council Agenda �� « 111 C111
3/30/2023 ry�k.
1601'! SMlvedaBMd ;ti382 Manhattan Bca[h,CA9o266 1 (124)29T-t070 I w%rrr•.osmont[om 182ge2of7
APPENDIX C: Projected Tax Increment Revenue Analysis - Yucaipa EIFD DRAFT
Total
16 2040
17 2041
18 2042
19 2043
20 2044
21 2045
22 2046
23 2047
New Develooment
Residential - Attached
2,211 units
91 units
91 units
91 units
91 units
91 units
$350,000 per unit
$969,170,450
$44,475,168
$45,364,671
$46,271,965
$47,197,404
$48,141,352
$0
$0
$0
Residential - Detached
679 units
33 units
33 units
33 units
33 units
33 units
$550,000 per unit
$470,226,298
$25,298,862
$25,804,839
$26,320,936
$26,847,355
$27,394,302
$0
$0
$0
Commercial / Retail / Office / Flex
248,S00 SF
$225 PSF
$67,065,445
$0
$0
$0
$0
$0
$0
$0
$0
Industrial
2,417,000 SF
$165 PSF
$416,163,017
$0
$0
$0
$0
$0
$o
$0
$0
Subtotal Value Add
$1,922,625,210
$69,774,030
$71,169,511
$72,592,901
$74,044,759
$75,525,654
$0
$0
$0
Total Assessed Value
$1,998,160,224
$2,109,292,939
$2,224,071,698
$2,342,597,891
$2,464,975,503
$2,514,275,013
$2,564,560,513
$2,615,8S1,723
Incremental AV
$1,973,360,224
$2,094,492,939
$2,199,271,698
$2,317,797,891
$2,440,175,503
$2,489,475,013
$2,539,760,513
$2,591,051,723
Total tax increment @ 1%
$19,733,602
$20,844,929
$21,992,717
$23,177,979
$24,401,755
$24,894,750
$25,397,605
$25,910,517
City Average AB8 Share Available 24.01%
$309,943,785
$4,738,495
$5,005,351
$5,280,961
$5,565,570
$5,859,427
$5,977,806
$6,098,554
$6,221,716
Percent Allocated to EIFD 50.0%
$154,971,892
$2,369,248
$2,502,675
$2,640,481
$2,782,785
$2,929,713
$2,988,903
$3,049,277
$3,110,858
City Equivalent Share of MVLF Property Tax 11.57%
$149,288,667
$2,282,361
$2,410,896
$2,543,647
$2,680,733
$2,822,273
$2,879,292
$2,937,452
$2,996,775
Percent Allocated to EIFD 50.0°/.
$74,644,334
$1,141,181
$1,205,448
$1,271,824
$1,340,366
$1,411,137
$1,439,646
$1,468,726
$1,498,387
Total Revenues Allocated to EIFD
$229,616,226
$3,510,428
$3,708,123
$3,912,304
$4,123,151
$4,340,850
$4,428,549
$4,518,003
$4,609,245
PA The analyses, projectmins. assumptions, rates of return, and" eramplespresented heron are for illustralive purposes and are not a guarantee of actual andior future resulls Project pro forma and tax analyses are projections only Ac tual results may ci fer from those expressed in ttrs analysrs 02/12/2024 City Council Agenda k 0 ti 111 O it
3/30/2023 Y g r= 1601N.seputvedaBlvd #3152.ManhaltanBeach. CA902661 (424)297-1070 1 Awmkosmontcom 183ge 3 of 7
APPENDIX C: Projected Tax Increment Revenue Analysis - Yucaipa EIFD DRAFT
Total
24 2048
25 2049
26 2050
27 2051
28 2052
29 2053
30 2054
31 2055
New Develooment
Residential - Attached
2,211 units
$350,000 per unit
$969,170,450
$0
$0
$0
$0
$0
$0
$0
$0
Residential - Detached
679 units
$550,000 per unit
$470,226,298
$0
$0
$0
$0
$0
$0
$0
$0
Commercial / Retail / Office / Flex
248,500 SF
$225 PSF
$67,065,445
$0
$0
$0
$0
$0
$0
$0
$0
Industrial
2,417,000 SF
$165 PSF
$416,163,017
$0
$0
$0
$0
$0
$0
$0
$0
Subtotal Value Add
$1,922,625,210
$0
$0
$0
$0
$0
$0
$0
$0
Total Assessed Value
$2,668,168,758
$2,721,532,133
$2,775,962,775
$2,831,482,031
$2,888,111,671
$2,945,873,905
$3,004,791,383
$3,064,887,211
Incremental AV
$2,643,368,758
$2,696,732,133
$2,751,162,775
$2,806,682,031
$2,863,311,671
$2,921,073,905
$2,979,991,383
$3,040,087,211
Total tax increment @ 1%
$26,433,688
$26,967,321
$27,511,628
$28,066,820
$28,633,117
$29,210,739
$29,799,914
$30,400,872
City Average AB8 Share Available
24.01%
$309,943,785
$6,347,341
$6,475,479
$6,606,179
$6,739,494
$6,875,475
$7,014,175
$7,155,650
$7,299,954
Percent Allocated to EIFD
50.0%
$154,971,892
$3,173,670
$3,237,739
$3,303,090
$3,369,747
$3,437,737
$3,507,098
$3,577,825
$3,649,977
City Equivalent Share of MVLF Property Tax
11.57%
$149,298,667
$3,057,284
$3,119,003
$3,181,957
$3,246,170
$3,311,667
$3,378,474
$3,446,617
$3,516,123
Percent Allocated to EIFD
50.0%
$74,644,334
$1,528,642
$1,559,502
$1,590,978
$1,623,085
$1,655,833
$1,689,237
$1,723,308
$1,758,061
Total Revenues Allocated to EIFD
$229,616,226
$4,702,312
$4,797,241
$4,894,068
$4,992,832
$5,093,571
$5,196,324
$5,301,133
$5,408,038
The analyses, prolectiom. assumptions rates of return, and airy examples presented he ren are For +Iustrairve purposes and are no( a guarantee of actual andror future results Project pro forma and Agenda PA tax analyses are projections only. Actual results may differ from those expressed n the analysis 3/30/202302/12/2024 CityCouncil A da koSIiIcin
160111 Sepulveda EINO e382. Manhattan Beach, CA.90266 1 (424)297-*070 1 +ruin rosmnl cum 1 g21ge 4 of 7
APPENDIX C: Projected Tax Increment Revenue Analysis - Yucaipa EIFD DRAFT
32 33 34 35 36 37 38 39
New Development
Residential - Attached
2,211 units
$350,000 per unit
$969,170,450
$0
$0
$0
$0
$0
$0
$0
$0
Residential - Detached
679 units
$550,D00 per unit
$470,226,298
$0
$0
$0
$0
$0
$0
$0
$0
Commercial / Retail / Office / Flex
248,500 SF
$225 PSF
$67,065,445
$0
$0
$0
$0
$0
$0
$0
$0
Industrial
2,417,000 SF
$165 PSF
$416,163,017
$0
$0
$0
$0
$0
$0
$0
$0
Subtotal Value Add
$1,922,625,210
$0
$0
$0
$0
$0
$0
$0
$0
Total Assessed Value
$3,126,194,955
$3,188,708,654
$3,252,482,827
$3,317,532,484
$3,383,883,133
$3,451,560,796
$3,520,592,012
$3,591,003,852
Incremental AV
$3,101,394,955
$3,163,908,654
$3,227,682,827
$3,292,732,484
$3,359,083,133
$3,426,760,796
$3,495,792,012
$3,566,203,852
Total tax increment @ 1%
$31,013,850
$31,639,087
$32,276,828
$32,927,325
$33,590,831
$34,267,608
$34,957,920
$35,662,039
City Average AB8 Share Available 24.01%
$309,943,785
$7,447,144
$7,597,278
$7,750,414
$7,906,614
$8,065,937
$8,228,447
$8,394,207
$8,563,282
Percent Allocated to EIFD 50.01/
$154,971,892
$3,723,572
$3,798,639
$3,875,207
$3,9S3,307
$4,032,969
$4,114,223
$4,197,103
$4,281,641
City Equivalent Share of MVLF Property Tax 11.57%
$149,298,667
$3,587,019
$3,659,333
$3,733,093
$3,808,329
$3,885,069
$3,963,344
$4,043,185
$4,124,622
Percent Allocated to EIFD 50.01%
$74,644,334
$1,793,509
$1,829,666
$1,866,547
$1,904,164
$1,942,535
$1,981,672
$2,021,592
$2,062,311
Total Revenues Allocated to EIFD
$229,616,226
$5,517,081
$5,628,305
$5,741,754
$5,857,471
$5,975,503
$6,095,895
$6,218,696
$6,343,952
The an* scs, projections. assumptions.. rates of Munn, and any examples presented heren are For dlusiralpm,, puvoses and are not a guaranlce of actual andror future resuhs Project pro forma avid A" tax anahscs are pr ojecbons onN A: tual rruhs may dHer from those expressed in this anatvsrs 3/30/2023
02/12/2024 City Council Agenda k Q 'I
C)1�
160111 Scpulvetla@A-tl P3t32.Mann attanBcach,CA902b6 1 (424)297-1070 1 Awwrtxmontcom l�e5of7
APPENDIX C: Projected Tax Increment Revenue Analysis - Yucaipa EIFD DRAFT
40 41 42 43 44 45 46 47
New Development
Residential - Attached
2,211 units
$350,000 per unit
$969,170,450
S0
$0
$0
$D
$0
$0
$0
$0
Residential - Detached
679 units
$550,000 per unit
$470,226,298
50 $0
$0
$0
$0
$0
$0
$0
Commercial / Retail / Office / Flex
248,500 SF
$225 PSF
$67,065,445
$0
$0
$0
$0
$0
$0
$0
$0
Industrial
2,417,000 SF
$165 PSF
$416,163,017
$0
$0
$0
$0
$0
$0
$0
$0
Subtotal Value Add
$1,922,625,210
$0
$0
$0
$0
$0
$o
$0
$0
Total Assessed Value
$3,662,823,929
$3,736,080,408
$3,810,802,016
$3,887,018,056
$3,964,758,417
$4,044,053,586
$4,124,934,657
$4,207,433,350
Incremental AV
$3,638,023,929
$3,711,280,408
$3,786,002,016
$3,862,218,056
$3,939,958,417
$4,019,253,586
$4,100,134,657
$4,182,633,350
Total tax increment @ 1%
$36,380,239
$37,112,804
$37,860,020
$38,622,181
$39,399,584
$40,192,536
$41,001,347
$41,826,334
City Average AB8 Share Available
24.01%
$309,943,785
$8,735,739
$8,911,644
$9,091,068
$9,274,081
$9,460,753
$9,651,159
$9,845,373
$10,043,472
Percent Allocated to EIFD
50.0%
$154,971,892
$4,367,869
$4,455,822
$4,545,534
$4,637,040
$4,730,377
$4,825,580
$4,922,687
$5,021,736
City Equivalent Share of MVLF Property Tax
11.57%
$149,288,667
$4,207,688
$4,292,415
$4,378,837
$4,466,988
$4,556,901
$4,648,613
$4,742,159
$4,837,576
Percent Allocated to EIFD
50.0%
$74,644,334
$2,103,844
$2,146,208
$2,189,419
$2,233,494
$2,278,451
$2,324,306
$2,371,079
$2,418,788
Total Revenues Allocated to EIFD
$229,616,226
$6,471,713
$6,602,030
$6,734,953
$6,870,534
$7,008,827
$7,149,886
$7,293,766
$7,440,524
The analrscs, wolcomns. assumptions ratesof mum, and any cxample-sprescnted hercin are fo dluseeive purposes and oe not a guarantee of actual andior future reSU115. Project pro rWma aril AV tax anaysr arc pr o)mWns ony. Ac tual results may differ fromthosc expressed in Lhs analyses. c�S1,1 k
4 3/30/2023 02/12/2024 City Council Agenda 160111 Sepulveda EWd -362 AanhaMn Beach. CA90266 I L424y297-1oTD I rows rose ont cor l o u,
APPENDIX C: Projected Tax Increment Revenue Analysis - Yucaipa EIFD DRAFT
Total
48 2072
49 2073
50 2074
New Development
Residential - Attached
2,211 units
$350,000 per unit
$969,170,450
$0
$0
$0
Residential - Detached
679 units
$550,000 per unit
$470,226,298
$0
$0
$0
Commercial / Retail / Office / Flex
248,500 SF
$225 PSF
$67,065,445
$0
50 $0
Industrial
2,417,000 SF
$165 PSF
$416,163,017
$0
$0
$0
Subtotal Value Add
$1,922,625,210
$0
$0
$0
Total Assessed Value
$4,291,582,017
$4,377,413,658
$4,464,961,931
Incremental AV
$4,266,782,017
$4,352,613,658
$4,440,161,931
Total tax increment @ 1%
$42,667,820
$43,526,137
$44,401,619
City Average AB8 Share Available
24.01%
$309,943,785
$10,245,532
$10,451,634
$10,661,858
Percent Allocated to EIFD
50.0%
$154,971,892
$5,122,766
$5,225,817
$5,330,929
City Equivalent Share of MVLF Property Tax
11.57%
$149,288,667
$4,934,901
$5,034,173
$5,135,430
Percent Allocated to EIFD
50.09A
$74,644,334
$2,467,450
$2,517,086
$2,567,715
Total Revenues Allocated to EIFD
$229,616,226
$7,590,217
$7,742,903
$7,898,644
The analyses, projections, assumptions, rates of return, and airy examples presersted heron are for illustrative purposes and are not a 9uaranlee of actual andfor ruture results Project pro forma and iktax analyses are projecbons onI Actual results may dNain from rose expressed this analysis �p5111C1i1
3/30/202302/12/2024CityCouncilAgenda 1601N 5cautvetlaBtvd#362Manhattan Beach. CA90266 1 (424)297-1070 1 mvxkosrmntcorn igF7ge7of7
Appendix D to IFP - Fiscal Impact Analysis - Yucaipa EIFD DRAFT
Overview of Fiscal Impacts
Annual;
Year 0-501
Year 0-50
(Stablized:
Nominal:
Present Value
Year 20)�
Total:
@ 3.0%
City of Yucaipa
Estimated Fiscal Revenues (Net of Allocation of TI to EIFD) $10,054,350 ;
$566,628,200 ;
$223,809,700
Estimated Fiscal Expenditures
$7,458,200
$437,445,000
$167,124,200
Estimated Net Fiscal Impact to Citv
$2.596,150
$129.183.200
$56.685.500
Notes:
Assumes installation of necessary public infrastructure Values in 2023 dollars
3/30/20230211212024 City Council Agenda
A"
k C1ti111(111
.t,
Key Land Use Assumptions (Stabilized Year 20)
Project Component
Residential - Attached 2,211 DU
Residential - Detached 679 DU
Commercial / Retail / Office / Flex 248,500 SF
Industrial 2,417,000 SF
The analyses, prolections. assumptions. ratesof return, and any examples presented heron are for d1ugfNive pupn5cs MV ire npt a guarantor. or d6tuat andfor rutlle re-SUn; Frolrxt pro rornia tr'4 tax an;Nw-� am propctronc onA-. Actwi re:ohc maydirrer fr-orn those e•.Fre:eed n tn, analys. ttiol n Seputveaa8n43 fr362.lranna-tanHeatn, CA91FJ2bo I (424)29t-•,u10 I xwwaosmvnt<om
Appendix D to IFP - Fiscal Impact Analysis - Yucaipa EIFD DRAFT
Summary of Estimated Fiscal Impacts to City and Fire Fund Vear 5
.ear 10
Yc,
Year 20
Year 25
Year 30
Y�-3r 40
Y.." 50 r
Stabilized i
Year O-SOi
Year 0-50
Escalation i
Nominal:
Present Value
2028
2033
2038
2043
2048
2053
2063
2073 '
Rate'
Total'
3.0%
City of Yucaipa Revenues
r
r
Property Tax
$2,056,600
S3,231,600
S4,609,000
$5.995,400
$6.619.400
$7,308,400
$8,908.900
$10,859,800 1
2.0%1
$317,239,800 i
$129,778,000
Property Tax In -Lieu of MVLF
$936,300
$1,494,000
$2,148,000
$2.808,300
$3.100.600
$3.423,313
$4.172,999
$5,086,863 1
2.0%1
$148,247.200 1
$60,513.600
Property Transfer Tax
$35,000
$63,600
$97,500
$131,300
$144,900
$159.981
$195.016
$237.724 1
2.0%1
$6,817,5001
$2,740,500
Sales and Use Tax- Direct / On -Site
$412,200
$955,700
$1.662,000
$1,926,700
$2,233,500
$2,589,239
$3,479,720
$4,676.453
3.0%I
$115.147,100 i
$44,533,800
Sales and Use Tax - Indirect / Off -Site
$206,500
$342,200
$514,400
$689,500
$799,300
$926,608
$1,245,283
$1,673,557 j
3.0%1
$41,303,300 j
$16,118,600
Franchise Fees
$84,900
$169,600
$277,900
$395,900
$458,900
$531.991
$714,951
$960,835 1
3.0%1
$23,248,900 1
$8,894.100
Other Taxes
$15,600
$31,100
$50,900
$72,500
$84,100
$97,495
$131,025
$176,087 i
3.0%1
$4,260,200 i
$1,629,700
Charges for Services
$155,700
$310,800
$509,300
$725,600
$841,200
$975,181
$1,310,562
$1,761,286 1
30%1
$42,616.000
$16,303,100
Licenses and Permits
$29,900
$59,800
$97,900
$139.500
$161,700
$187,455
$251,923
$338,564 I
3.0%1
$8,192,200 1
$3,134,100
Fines and Forfeitures
$2,100
$4,100
$6,700
$9,600
$11,100
$12,868
$17,293
$23,241 1
3.0%1
$562.600 1
$215,300
Use of Resources
$31,100
$62,100
$101,700
$144,900
$168,000
$194,758
$261,739
$351,755 1
3.0%1
$8,511,400 1
$3,256.200
Other Revenue
$73,900
$147,600
E241,900
$344,600
E399,500
E463,130
E622,408
$836,464 i
3.0%i
$20,239,300 i
$7.742.800
Transfers In
$230,100
$459,300
$752,700
$1,072,400
$1,243,300
$1,441,325
$1,937,021
$2,603,194
3.0%1
$62,986,200 i
$24,095,700
Estimated Total Revenues
$2,773,450
$4,968,700
$7,691,400
$10,054,350
$11,405,500
$12,945,887
$16,707,942
$21,8IZ490 !
$566,628,200 ;
$223,809,700
City of Yucaipa Expenditures
r
r
Finance
$36,700
$73,200
$120,000
$171,000
$198,200
$229,768
$308,789
$414,987 i
3.0%1
$10,040,900 i
$3,841,200
City Council
$2,200
$4,300
$7,100
$10,100
$11,700
$13,564
$18,228
$24,497
3.0%:
$592,600
$226,700
City Management
$44,800
$89,400
$146,400
$208,600
$241,900
$280.428
$376,872
$506,485
3.0%1
$12.254,6001
$4,868, 100
Community Services
$152,700
$354,200
$612,900
$903,800
$1,047,700
$1,214.571
$1,632.282
$2,193,651 i
3.0%i
$52.508,200 i
$19,864,100
Development Services
E255,600
$510,300
$836,300
$1,191,500
E1,381,300
$1,601,305
$2,152,020
$2,892,135 i
3.0%i
$69,977,600 i
$26,770,300
General Services
$84,400
$168,400
$276,000
$393.300
$455,900
$528,513
$710,277
$954,553
3.0%1
$23.096,300 i
$8,835,600
Non -departmental
$21,900
$43,700
$71,500
$101.900
$118,100
$136,910
$183,996
$247,275
3.0%1
$5,983,800
$2,289.300
Police
$692,400
$1.382.300
$2,265,100
$3,227.200
$3,741,200
$4,337,076
$5,828,668
$7,833,242 1
3.0%1
$189,532,8001
$72,507,000
Fire Services
$296,900
$592,700
$971.200
$1,383,800
$1,604,200
$1,859,707
$2,499,291
$3.358.839 1
3.0%1
$81,270,000 i
$31,090,300
City Staffing "savings" reduction
-
"'
3.0%1
Estimated Total Expenditures
$1,559,100
$3,161,500
$5,213,100
$7,458,200
$8,646,000
$10,023,084
$13,470,186
$18,102,804
i
$437,445,000
$167,124,200
Estimated Annual Net Fiscal Impact
$1,214,350
$1,807,200
$2,478,300
$2,596,150
$2,759,500
$2,922,804
$3,237,756
$3,509,686
$129,183,200 r
$56,685,500
Revenue /Expenditure Ratio
1,78
1.57 1.48
1.35 1,32
1.29 1,24
1.19 1,301
1,34
Notes:
Assumes installation of necessary public infrastructure Values in 2023 dollars
Select years shown for illustration
The an71•„c;, projections, assimptions- rates of rctum, and any exarnpicspresented herm are for 41u54f afro- pi,rWtie* 114 arc not. a 9001(arftec of aGLOaI 011W01 future re-50115 Frojw pfo forum #-.d tax anat?,:.c. arc project ans only. Actual xruhe may ci fer from those expro-"ed rr th- analyc+s 02/12/2024 City Council Agenda k o" ll (l rM
3/30/2023 1601 N sepufveaaenb r'382 Manhattantfeacn,cAyoeee 1 (424)257-1070 1 rtrrxKosmontcafn M2of14
Appendix D to IFP - Fiscal Impact Analysis - Yucaipa EIFD DRAFT
Project Description
Year 5
Year 10
Year 15
Year 20
Project Component
2028
2033
2038
2043
Residential - Attached
586 DU
1,172 DU
1,757 DU
2,211 DU
Residential - Detached
175 DU
351 DU
515 DU
679 DU
Total Residential
761 DU
1,522 DU
2,272 DU
2,890 DU
Commercial / Retail / Office / Flex
82,833 SF
165,667 SF
248,500 SF
248,500 SF
Industrial
2,417,000 SF
2,417,000 SF
2,417,000 SF
2,417,000 SF
Annual Escalation Factor
2.0%
1.13 1.24
1.37 1.52
Estimated AN- Residential -Attached
$350K Per Unit
$230,877,373
$509,814,551
$844,314,688
$1,172,898,400
Estimated AN - Residential - Detached
$550K Per Unit
$108,547,980
$239,691,482
$388,652,793
$566,025,596
Estimated AN - Comm/Retail/Office/Flex
$225 PSF
$20,988,852
$46,346,777
$76,755,881
$84,744,694
Estimated AN - Industrial
$165 PSF
$449,119,204
$495,863,891
$547,473,803
$604,455,316
Total Estimated Assessed Value
$809,533,409
$1,291,716,702
$1,857,197,165
$2,428,124,007
Notes:
Adjusted for value appreciation assuming 2% annual escalation rate (statuatory maximum).
Conservatively assuming no mark -to -market valuations above 2% growth to account for property transfers Select years shown for illustration
Values in 2023 dollars
3/30/202302/12/2024 City Council Agenda
1��iI «51
The analyses. assumptions. ratesof re4um, and any examples presented herm are for alu50t: um ptrpa5c_• mW are- not a &;Lwanlee of acLual andw Wvt: tc,*05. Project pro Norma and tax anatyses arc proiecWns only. Actual re-.ulls may dlfer from those crprorlsed in ttr. anab, — r601N Se1ulvecla8mv,--3e2.mannamnt3each.t;A90266 1 (424)291-1070 1 xwNKosrrlontcorn 3of14
Appendix D to IFP - Fiscal Impact Analysis - Yucaipa EIFD DRAFT
Project Employment and Occupants
Year 5
Year 10
Year 15
Year 20
Project Component
2028
2033
2038
2043
Industrial
2,417,000 SF
2,417,000 SF
2,417,000 SF
2,417,000 SF
Commercial / Retail
82,833 SF
165,667 SF
248,500 SF
248,500 SF
Residential - Detached
586 DU
1,172 DU
1,757 DU
2,211 DU
Residential - Attached
175 DU
351 DU
515 DU
679 DU
Estimated # Employees (FTE)
Industrial
1,500 SF / emp
1,611
1,611
1,611
1,611
Commercial / Retail
400 SF / emp
207
414
621
621
Residential - Detached
0 DU / emp
0 0
0 0
Residential - Attached
50 DU / emp
4 7
10 14
Total Estimated # Employees (FTE)
1,822
2,033
2,243
2,246
Occupied Dwelling Units
95%
723 DU
1,446 DU
2,158 DU
2,746 DU
Residents
2.75 per DU
1,988
3,976
5,936
7,550
Employees Weighted at 50%
50%
911
1,016
1,121
1,123
Total Service Population (Residents + Empl.)
2,899
4,992
7,057
8,673
Notes:
Average household size reflects City average household size and product mix of multifamily units (Per ArcGIS Demographics) Select years shown for illustration
Values in 2023 dollars
3/30/202302/12/2024 City Council Agenda
The ark*rws, projeclons. assumptions, ratcsof return, and rw examplcspresctted herm are for tlustrenlvc pvcxr cy arq arc not a 9U4rdr,tCG nr��
ul actual apr Wture rcsuns Propxt pto fwsa and
ne taw anatr apropcbonr onK,. Actual re-A-z may defer from th000 erpre7ed in tli : analyx 1601N--eW1vcaa8ha #382. Mannat[an ticath. CA 90266 1 (824)291-t ON 1 wmKovmnti:om -'["+ 4 of 14
Appendix D to IFP - Fiscal Impact Analysis - Yucaipa EIFD DRAFT
Property Tax
Year 5
Year 10
Year 15
Year 20
2028
2033
2038
2043
Estimated Assessed Value - Residential
$339,425,353
$749,506,033
$1,232,967,481
$1,738,923,996
Estimated Assessed Value - Non -Residential
$470,108,056
$542,210,668
$624,229,684
$689,200,011
Total Estimated Assessed Value
$809,533,409
$1,291,716,702
$1,857,197,165
$2,428,124,007
Total Secured Property Tax General Levy
1.00% $8,095,334
$12,917,167
$18,571,972
$24,281,240
Estimated Unsecured Property Tax as % of Secured Non -Residential Value
10.00% $470,108
$542,211
$624,230
$689,200
Total Estimated Secured + Unsecured Property Tax
$8,565,442
$13,459,378
$19,196,201
$24,970,440
Distributions to Taxing Entities
City of Yucaipa
24.01% $2,056,600
$3,231,600
$4,609,000
$5,995,400
City Allocation to EIFt�
'
Net Property Tax to City
$1,028,300
$1,615,800
$2,304,500
$2,997,700
Notes:
General levy distributions represent primary tax rate areas (TRAs) 4000, 4002, 4004, 4058, 4083, 4085, 4008, 4080 Does not include property tax overrides above 1 % general levy Select years shown for illustration
Values in 2023 dollars
Source: San Bernardino County Auditor -Controller (2023) 3/30/202302/12/2024 City Council Agenda
SA"
111O11
The anal*rns, oraicctions, assumptions. ratesof return, and any exWWk.-spresentted heren are for dlU;.trollvq pU'CK1 i__g and WC not a guaratfi(cv of OUval and(ot M.Ure rc*ulf3. FltQ t pro rorma and tar anaMra , we projecbonc onM. Actwl re-uhc ms/d/fer frem those expressed n Ol .. anal, �. 1 b0l N SC',7Uryefl38hro P382. Mannaitan beiKn, lrA%Zbo I (424)291-10711 I w" Kostnont Cote 11-pt5of14
Appendix D to IFP - Fiscal Impact Analysis - Yucaipa EIFD DRAFT
Property Tax In -Lieu of Motor Vehicle License Fees (MVLF) Total AV within CITY (FY 2022-23)
Current Property Tax In -Lieu of MVLF (2022-23)
Prop Tax In -Lieu of MVLF per $1 M of AV
$5,524,015,696
$6,389,000
$1,157
Year 1
2024
Year 5
2028
Year 10
2033
Year 15
2038
Year 20
2043
Estimated Project Assessed Value
$417,936,483
$809,533,409
$1,291,716,702
$1,857,197,165
$2,428,124,007
Incremental Property Tax In -Lieu of MVLF to City
$483,400
$936,300
$1,494,000
$2,148,000
$2,808,300
Allocation to EIFD
Net Incremental Property Tax In -Lieu of MVLF to City
$241,700
$468,150
$747,000
$1,074,000
$1,404,150
Notes:
Select years shown for illustration
Values in 2023 dollars
Source: San Bernardino County Auditor -Controller (2023) 3/30/202302/12/2024 City Council Agenda
The anatyses, proicctions, as:=UmPlions rates of rectum, and any examples presented heren are for ;tlug(Calve P1Ln FJ r_% tart ivv' I r r; a lk'r. nlCte of MU" af,Wor rUMAC M*UltS.. ProieGt pro rowMa M-4 tax anaN,• Lm my projiactvns onN. +A-,tuat e-.-jfc mayd7for fawn those oxprmsed � tN-. analysts. 1601 tt. 6emt%re labrva t1abr vannaman B eacn, CA.90266 ( (424)291-=,UrO I ww* xosrwnt.Eom
Appendix D to IFP - Fiscal Impact Analysis - Yucaipa EIFD DRAFT
Property Transfer Tax
Year 5
Year 10
Year 15
Year 20
2028
2033
2038
2043
Estimated Assessed Value - SF Residential
$230,877,373
$509,814,551
$844,314,688
$1,172,898,400
Estimated Property Turnover Rate
15.0%
15.0%
15.0%
15.0%
Estimated Value of Property Transferred - SF Residential $34,631,606
$76,472,183
$126,647,203
$175,934,760
Estimated Assessed Value - Other
$578,656,036
$781,902,151
$1,012,882,477
$1,255,225,607
Estimated Property Turnover Rate
5.0%
5.0%
5.0%
5.0%
Estimated Value of Property Transferred - Other
$28,932,802
$39,095,108
$50,644,124
$62,761,280
Estimated Value of Property Transferred - Total
$63,564,408
$115,567,290
$177,291,327
$238,696,040
Total Transfer Tax $1.10 per $1,000
$69,900
$127,100
$195,000
$262,600
Transfer Tax to City $0.55 per $1,000
$35,000
$63,600
$97,500
$131,300
Notes:
Select years shown for illustration
Values in 2023 dollars
Source: San Bernardino County Auditor -Controller (2023) 3/30/202302/12/2024 City Council Agenda
kC}5till,.tr,
The analyses, projWions. assumptions, ratesof rtXum, and am examplcspresented heron arc W AWraUvc ptrapoaas and Ore.c IVM a guarantee or a4Wal futoc lesuds Pro►Xt pro N4,110zaxl taw analyse: arc projectPons only. Actual re--jh- moy dffer from those e■pro^.ed n the analys+s 1601Ot 6E-pfrvc0a8rM A382.tfanhantanbeach,tAWA56 I L424j291--UN I rwarosrtgntcom 7of14
Appendix D to IFP - Fiscal Impact Analysis - Yucaipa EIFD DRAFT
Sales Tax - Direct / On -Site
Year 5
Year 10
Year 15
Year 20
Project Component
2028
2033
2038
2043
Commercial / Retail / Office / Flex
82,833 SF
165,667 SF
248,500 SF
248,500 SF
Percent Taxables Sales Generating 40%
33,133 SF
66,267 SF
99,400 SF
99,400 SF
Industrial SF Assumed to Generate Local Sales Tax Allocation 0 SF
0 SF
0 SF
0 SF
Total Sales -Generating SF
115,967 SF
231,933 SF
347,900 SF
347,900 SF
Estimated Taxable Sales $275 PSF
$36,970,216
$85,717,227
$149,054,638
$172,795,177
Sales Tax to City 1.00%
$369,702
$857,172
$1,490,546
$1,727,952
Use Tax as % of Sales Tax 11,50%
$42,516
$98,575
$171,413
$198,714
Sales and Use Tax to City - Direct
$412,200
$965,700
$1,662,000
$1,926,700
Notes:
Taxable sales PSF factor escalated 3% annually
Select years shown for illustration.
Values in 2023 dollars.
3/30/202302/12/2024 City Council Agenda
koRsrn o� ,k
^r
The analyses, proirvions. assumptions. ratesof return, and arN exarnplcs presentcd heron are- for aluV1011ve purp45c_• ow ore- nor a poarantce of Mt.oal andeor futwe rc:01-, Protect pro fwna ona tax analvsoa arc projecbons onh• Actual resriRs moyditr from those crprasaed n ter-, analy, 16U`ltf. SC 1ve038?va P3132.rhanhattanbeam,c:n91)266 I (424)291orQ I uwntros=ntcom
Appendix D to IFP - Fiscal Impact Analysis - Yucaipa EIFD DRAFT
Sales Tax - Indirect / Off -Site
Estimated # Employees
Estimated Annual Taxable Retail Spending / Empl. Near Place of Work Estimated Employee Taxable Retail Spending Near Place of Work Year 5
Year 10
Year 15
Year 20
2028
2033
2038
2043
1,822
2,033
2,243
2,246
$6,902
$8,001
$9,275
$10,753
$12,574,215
$16,261,852
$20,803,152
$24,151,877
Estimated # Occupied Dwelling Units
723 DU
1,446 DU
2,158 DU
2,746 DU
Estimated Annual Taxable Retail Spending / HH
$31,902
$36,984
$42,874
$49,703
Estimated Resident Taxable Retail Spending
$23,063,898
$53,474,759
$92,539,816
$136,459,656
Estimated Capture within City
30.0% $6,919,170
$16,042,428
$27,761,945
$40,937,897
Total Estimated Indirect Taxable Sales
$19,493,385
$32,304,280
$48,565,097
$65,089,774
Less Estimated Capture Within District Retail
Net Indirect Taxable Sales
$18,518,715
$30,689,066
$46,136,842
$61,835,285
Sales Tax to City
Use Tax as % of Sales Tax
1.00% $185,187
11.50% $21,297
$306,891
$35,292
$461,368
$53,057
$618,353
$71,111
Sales and Use Tax to City - Indirect
$206,500
$342,200
$514,400
$689,500
Notes:
Employee spending estimates based on "Office Worker Retail Spending Patterns: A Downtown and Suburban Area Study," ICSC (2004).
Household spending based on average houshold income within City.
Adjusted for inflation assuming 3% annual inflation rate.
Select years shown for illustration.
Values in 2023 dollars.
3/30/202302/12/2024 City Council Agenda
kaslAc�w,�
The analvacs. vo1c,,*^s a sarmpUons.ratesof return. and MV examplcsprest ed heron are- for aluaiauvr pu 6vs , 114 arc not a gtk+roruets of MLval and'or futwe rc-suns Frofxt plo fornwa vxj tax propctoonc only. Actwl e--Az msldffer kern tho-ce crprmcc-dv t#r. analy s feoi rt scmiveaabnvo I°38tt.+annattanbeatn,t;Awu2t5o3 I (124)2gi- ufu 1 nwelrtosmontcom 9of14
Appendix D to IFP - Fiscal Impact Analysis - Yucaipa EIFD DRAFT
Service Population
City Population 54,494
City Employee Population 8,772
Employee Weighting for Service Population 0.5
Weighted # Employees 4,386
Total Service Population 58,880
Source: CA Department of Finance, U.S.Census Bureau Center for Economic Studies (2023) 3/30/202302/12/2024 City Council Agenda
The analy—ses, rmievions, assumptions. rates of raurn, and any examples presented heren are for JIMAI'tw4 purpo5r<arn1 arc rwr, a guarantcv. of actual a#w or rVkwC rrsufr5 Piofcct pto (Ornk7 Ind taw anary�e-- we projecbonc only, Actwa,mnuhc moydfHer fr-arn those exproccodn ttr. anahrs. lbul'f. Scwiveaabm P382, mannamnfieacn. GA 902tiy I (424)29f-:ufu I YIWM1KOSrnOn1CO0t 1191710 of 14
Appendix D to IFP - Fiscal Impact Analysis - Yucaipa EIFD DRAFT
Multiplier Revenue and Expenditure Factors
Year
Year10
Year15
Year20
Relevant City
Discount for
Adopted City
Population /
Operational
Per Capita
Annual
Budget Category
Budget
Allocation Basis
Factor
Efficiency
Factor
Escalation
2028
2033
2038
2043
Revenues
Property Taxes
$13,392,875
N/A - Evaluated Separately
Sales and Use Tax
$5,164.000
N/A- Evaluated Separately
Intergovernmental
$6,389,000
N/A - Evaluated Separately (assumed to
be predominantly
P. Tax in Lieu of MVLF)
Franchise Fees
$1,488,000
Service Population
58,880
0%
$25.27
3.0%
$29.30
$33.96
$39.37
$45.64
Other Taxes
$272,570
Service Population
58,880
0%
$4.63
3.0%
$5.37
$6.22
$7.21
$8.36
Charges for Services
$2,727.420
Service Population
58,880
0%
$46.32
3.0%
$53.70
$62.25
$72.17
$83.66
Licenses and Permits
$1,048,880
Service Population
58,880
50%
$8.91
3.0%
$10.33
$11.97
$13.88
$16.09
Fines and Forfeitures
$36,000
Service Population
58,880
0%
$0.61
3.0%
$0.71
$0.82
$0.95
$1.10
Use of Resources
$544,829
Service Population
58,880
0%
$9.25
3.0%
$10.73
$12.44
$14.42
$16.71
Other Revenue
$1,295,364
Service Population
58,880
0%
$22.00
3.0%
$25.50
$29.57
$34.28
$39.73
Transfers In
$4,031,056
Service Population
58,880
0%
$68.46
3.0%
$79.37
$92.01
$106.66
$123.65
Estimated Total Primary Revenues
$36,389,994
Expenditures
Finance
$1,285,182
Service Population
58,880
50%
$10.91
3.0%
$12.65
$14.67
$17.00
$19.71
City Council
$75,585
Service Population
58,880
50%
$0.64
3.0%
$0.74
$0.86
$1.00
$1.16
City Management
$1,568,360
Service Population
58,880
50%
$13.32
3.0%
$15.44
$17.90
$20.75
$24.05
Community Services
$4,815,468
Per Resident
54,494
25%
$66.28
3.0%
$76.83
$89.07
$103.25
$119.70
Development Services
$5,971,390
Service Population
58,880
25%
$76.06
3.0%
$88.18
$102.22
$118.50
$137.38
General Services
$2,956,404
Service Population
58,880
50%
$25.11
3.0%
$29.10
$33.74
$39.11
$45.34
Non -departmental
$766,134
Service Population
58,880
50%
$6.51
3.0%
$7.54
$8.74
$10.14
$11.75
Police
$12,130,256
Service Population
58,880
0%
$206.02
3.0%
$238.83
$276.87
$320.97
$372.09
Fire Services
$5,201,261
Service Population
58,880
0%
$88.34
3.0%
$102.41
$118.72
$137.63
$159.55
City Staffing "savings" reduction
Service Population
58,880
50%
$8.49
3.0%
Estimated Total Primary Expenditures
$33,770,040
Notes:
Major case study revenues not shown include property tax, sales tax, transient occupancy tax Non -recurring licenses and permits excluded (e.g. building permits) Non -recurring charges for services excluded (e.g. plan check and engineering fees) Fire Fund other revenues excluding property tax
Adjusted for inflation assuming 3% annual inflation rate.
Select years shown for illustration.
Values in 2023 dollars.
Source: City of Yucaipa 2022-2023 Proposed Budget
3/30/202302/12/2024 City Council Agenda
'A
k(}5111 U1l ,t
The analyses, projections. assumptions,ratesof rclum, and any exarnplespresented heron are for dlu,U ,rlivr pt W,.5c5 ar4 are ixN. a guarantee or aC4LWI xmdror rutwc resuna. Protrxt pro rwria Aral tax anaNuc am projacbonr onto. Actual re -sift moydarer from those expr=--ed in tM, anaf,v !601 Nl 6eptuvedabma P382.. Mannanan Reach. CA9026b 1 (424)291-tOl'0 1 wwa KossrnCnl <om gW1of14
Appendix D to IFP - Fiscal Impact Analysis - Yucaipa EIFD DRAFT
Multiplier Revenues and Expenditures
Year 5
Year 10
Year 15
Year 20
2028
2033
2038
2043
Estimated # Residents
1,988
3,976
5,936
7,550
Estimated # Employees
1,822
2,033
2,243
2,246
Total Project Service Population
2,899
4,992
7,057
8,673
Budget Category
2028
2033
2038
2043
Revenues
Franchise Fees
$84,900
$169,600
$277,900
$395,900
Other Taxes
$15,600
$31,100
$50,900
$72,500
Charges for Services
$155,700
$310,800
$509,300
$725,600
Licenses and Permits
$29,900
$59,800
$97,900
$139,500
Fines and Forfeitures
$2,100
$4,100
$6,700
$9,600
Use of Resources
$31,100
$62,100
$101,700
$144,900
Other Revenue
$73,900
$147,600
$241,900
$344,600
Transfers In
$230,100
$459,300
$752,700
$1,072,400
Total Multiplier Revenues
$623,300
$1,244,400
$2,039,000
$2,905,000
Expenditures
Finance
$36,700
$73,200
$120,000
$171,000
City Council
$2,200
$4,300
$7,100
$10,100
City Management
$44,800
$89,400
$146,400
$208,600
Community Services
$152,700
$354,200
$612,900
$903,800
Development Services
$255,600
$510,300
$836,300
$1,191,500
General Services
$84,400
$168,400
$276,000
$393,300
Non -departmental
$21,900
$43,700
$71,500
$101,900
Police
$692,400
$1,382,300
$2,265,100
$3,227,200
Fire Services
$296,900
$592,700
$971,200
$1,383,800
City Staffing "savings" reduction
Total Multiplier Expenditures
$1,559,100
$3,161,500
$5,213,100
$7,458,200
Notes:
Major case study revenues not shown include property tax, sales tax, transient occupancy tax Non -recurring licenses and permits excluded (e.g. building permits) Non -recurring charges for services excluded (e.g. plan check and engineering fees) Fire Fund other revenues excluding property tax
Adjusted for inflation assuming 3% annual inflation rate.
Select years shown for illustration.
Values in 2023 dollars.
Source: City of Yucaipa 2022-2023 Proposed Budget
3/30/20230211212024 City Council Agenda k1 9!1 -`
The analysts, Cro1cr e*, assumptions. rates of rt urn, and any example-sprescnted heron are for atuwznrvc pirpv; -_. ar.i arc ruR a guarantee or 4.t,KI ond'or rurure M-505 plum pro turn„ and tax anah'sos arc prgecbons onh, Actual re-ifts may dOer tram those cxprmsed r tir , arralvs itiula sepurveaaerva #asz ltannanantieacn, cA902t6 I (424)291-- ru I Yw*Kosmont<am FA912 of 14
Appendix D to IFP - Fiscal Impact Analysis - Yucaipa EIFD DRAFT
IMPLAN Inputs
Construction Inputs
Approximate Inputs
Industry NAICS Category (Industry Spending)
58 - Construction of new multifamily residential structures $373,450,000 57 - Construction of new single family residential structures $773,850,000 55 - Construction of new commercial structures, including farm structures $55,912,500 51 - Construction of new manufacturing structures $398,805,000 Ongoing Operation Inputs
Approximate Inputs
Industry NAICS Category (Employment Change)
412 - Retail - Miscellaneous store retailers 621 Jobs
422 - Warehousing and storage 1,611 Jobs
448 - Tenant -occupied housing 14 Jobs
P0211212024 City Council AgendklIlkIm3/30/2023K,
-ha ana:yses, proleclions, essunVli ons, rates or return, and any exampies presented herein are for illustrative purposes and are not a gua=ardee os actual arWor tuture results. Nrolect pro torrna and I" analyses are prolectwns only_ Actual resuts may (litter from those expressed in this ana" s. 1601 N Sepulveda Rl d 9482, Manhattan Seach, CA9r 66 I (42A) A515.'08 1 ~wkemntCOnt 213of14
Appendix D to IFP - Fiscal Impact Analysis - Yucaipa EIFD DRAFT
Summary of IMPLAN Economic Benefits
Economic Benefits from Construction (One -Time / Short -Term) Employment
Labor Income
Economic Output
Direct (On -Site)
11,248
$866,301,659
$1,602,017,500
Indirect
1,637
$97,147,336
$293,759,393
Induced
2,751
$143,573,467
$432,827,945
Total Countywide
15,636
$1,107,022,462
$2,328,604,837
Estimated City Capture
11,468
$878,337,699
$1,638,346,867
Economic Benefits from Ongoing Operation (Annual)
Employment
Labor Income
Economic Output
Direct (On -Site)
2,246
$111,892,143
$228,040,872
Indirect
474
$25,586,694
$72,210,038
Induced
360
$18,866,684
$56,882,892
Total Countywide
3,080
$156,345,521
$357,133,803
Estimated City Capture
2,288
$114,114,812
$234,495,519
Notes
100% of direct benefits estimated to be captured on -site within the City. 5% of indirect and induced benefits estimated to be captured off -site within the City.
Estimated ongoing benefits upon build -out and stabilization. 3/30/202302/12/2024 City Council Agend"k-O n „k�
i he anal sps, p roer-ions sestln-ph ons, rates flt ret;sn arxi any PxanTp�Ps presentii herein are for illustratNe purposes and are not a guarantee or actual anTor future results Nrolect pro forma and tax analyses a e protections only. Actual resuts may dt'ter trom those enpressed to 1hi5 ana►rst s. 1601 to �� Blvd ;982 tuwhattan Peac h CA M256 1 r424) 4%, ,ea I Pmw kosmont com 114 of 14
Agenda Item No. 14
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer L 1,,,'
FOR: City Council Meeting of February 12, 2024
SUBJECT: Wildwood Canyon Road and Interstate 10 Freeway Interchange Project (Project) — HDR Contract Amendment and SBCTA Funding Agreement Amendment for PANED RECOMMENDATION:
That the City Council:
I. Approve reallocation of approved project cost of $3,365,217 as follows:
a. Professional Services Contract - $3,268,840
b. Estimated Contract Administration - $96,377
Note: There is no change to the total approved project cost; and
2. Approve and authorize the City Manager to execute a contract amendment with HDR Engineering, Inc., in the amount of $228,623 for additional services associated with the preparation of the Project Approval and Environmental Document (PANED), bringing the total contact amount to $3,268,840; and
3. Authorize the Mayor to execute the Amendment No. 1 to Project Funding Agreement 20- 1002294 with the San Bernardino County Transportation Authority (SBCTA) for the Project PANED, subject to SBCTA's final approval(s); and
4. Authorize an amendment to the funding mix included in FY 2023/2024 CIP, increasing the SBCTA funding for the Project to reflect additional funding from SBCTA with Agreement Amendment No. 1; and
5. Authorize the City Manager or his designee to administer the terms of the contract and agreements including approval of minor modifications to said contract and agreements.
BACKGROUND/DISCUSSION:
In support of the City's Freeway Corridor Specific Plan that was first adopted by the City in 2008, the City Council on May 27, 2020, entered into the following contract and agreements associated with the preparation of the Project PANED:
• Awarded a contract to HDR Engineering, Inc, in the amount of $3,040,217 for professional 02/12/2024 City Council Agenda 202
engineering services for the preparation of the PANED; and approved $75,000 for contract contingency and $250,000 for staff time, contract administration and project coordination for a total cost of $3,365,217.
• Approved Project Funding Agreement 20-1002294 with SBCTA for the Project PANED which includes $625,000 funding participation for SBCTA's share of work associated with the PANED phase.
• Approved Cooperative Agreement No. 08-1719 with Caltrans for the Interstate 10 at Wildwood Canyon Road Interchange Project Report/ PANED; Plans, Specifications and Estimates (PS&E); and Right of Way (ROW).
The proposed interchange will provide additional freeway access to the Freeway Corridor Specific Plan area as well as providing operational benefits to the mainline freeway by improving travel times and decreasing corridor delays. The PANED phase further analyzes the recommendations provided in the Project Study Report (PSR) which was completed in October 2021 and identified the following interchange alternatives for further consideration:
• Alternative 1 — No Build (no improvements)
• Alternative 2 — Diamond Interchange Overcrossing with a perpendicular bridge crossing • Alternative 3 — Diamond Interchange Overcrossing with a skewed bridge crossing • Alternative 4 — Diverging Diamond Interchange (DDI) Overcrossing Schematic drawings of the build alternatives (No's 3A, 3B and 4) are attached for reference, and will be discussed in more detail during the presentation of this item to the City Council. The current Scope of Work provided by HDR to complete the PANED include the preparation of numerous engineering analysis and studies, traffic modeling studies, drainage analyses, and environmental review studies. A Draft Environmental Document, which is anticipated to be completed in late Summer of 2024, will be distributed to agencies and the public for review and comment. After circulation of the Draft Environmental Document a Draft Final Project Report will be prepared which recommends the Preferred Alternative and will include consideration of public and agency comments obtained during the public meeting and environmental review period. It is anticipated that the Final Project Report will be completed by the end of 2025.
HDR Contract Amendment
One of the initial studies required by Caltrans for the PANED was the Value Analysis (VA) study.
The VA study was a 5-day session conducted by a team of independent experts to ascertain the effectiveness of the alternatives with regards to costs, time of delivery, and other benefits. The VA study was conducted in late July of 2022, and several recommendations from the study were incorporated into the PANED. One of the recommendations was the addition of a bridge structure for the proposed I-10 eastbound on -ramp for all three build alternatives. The additional bridge structure requires two bridge studies to be included in the preliminary design, an Advanced Planning Study (APS) Report and a Structures Preliminary Geotechnical Design Report (SPGR).
The APS serves as a basis for a preliminary bridge structure design and bridge cost, and the SPGR 02/12/2024 City Council Agenda 203
is required to define a conceptual foundation for the bridge configuration and preliminary ground conditions.
Following approval of the contract with HDR, two additional studies are now required by Caltrans for PANED, and are not included in HDR scope of work. A Highway Safety Manual (HSM) Analysis Report is now required, and will evaluate the predicted safety of the existing freeway segment as compared to the condition with the proposed interchange on Interstate 10. A Growth Study is also required to document the influences of the interchange on the local land use and access along the I-10 corridor. The Growth Study will be a companion study to the Community Impact Assessment (CIA).
SBCTA Amendment
The Project is being partially funded by SBCTA's Valley Freeway Interchange Phasing Program (Program). The Program facilitates the partial, or phased, construction of freeway interchanges to address immediate needs. SBCTA provided $250,000 for the PSR and is currently providing $625,000 for the PANED. The Program will fund up to 50% of eligible costs for all phases of work through construction, with a maximum total $10 million for the Project. Because of limited participation in the Program by other cities, SBCTA staff is recommending transferring an additional $625,000 from future phases of the Project to the current PANED phase, bringing the total Program funding for the Project PANED to $1,250,000. The SBCTA Metro Valley Committee will consider this Amendment at their March, 2024, Committee meeting and, if approved, forward it to the SBCTA Board for their consideration at the April, 2024 Board meeting.
With the recommended transfer of allocated funding from Contract Administration to Contract Contingency, the additional scope of services for HDR to complete the required added work tasks will be funded with no increase in the approved total Project cost. Staff regularly monitors Contract Administration hours and is confident that the adjusted funding amount will be sufficient to provide the necessary staff time over the remaining course of the PANED contract.
With the recommended amendment to the FY 2023/2024 CIP, the SBCTA funding amount would be increased to $1,500,000. This represents the $250,000 that has been previously reimbursed through the PSR phase, leaving an updated $1,250,000 that would be eligible for reimbursements through the PANED phase of the Project.
The Planning Cost Estimates provided in the approved/executed PSR for the build alternatives range from $108,000,000 (3A Diamond Interchange) to $129,000,000 (Diverging Diamond Interchange Alternative). These costs include estimated engineering/environmental costs for the PANED phase, estimated construction costs for all phases, estimated right of way costs, and estimated costs for engineering/construction support. As with prior large scale projects within Caltrans right of way, grant applications are typically more competitive once they have completed the PANED phase and through the final engineering phase which is the Plans, Specifications and Estimates (PS&E) phase. Staff will continue to pursue available grant opportunities, and will return to Council with recommendations for funding the upcoming phases of the project including PS&E, and Construction Phases. 02/12/2024 City Council Agenda 204
FISCAL IMPACT:
The individual fiscal impacts of recommendations 1-5 offset. Therefore, the cumulative impact is $0.
Attachments:
1. HDR Contract Amendment No. 1
2. SBCTA Funding Agreement Amendment No. 1
3. Interchange Build Alternatives 2, 3 and 4
Approved by:
02/12/2024 City Council Agenda 205
ATTACHMENT 1
02/12/2024 City Council Agenda 206
AMENDMENT NO. 1 TO "INTERSTATE 10 AT WILDWOOD CANYON ROAD
INTERCHANGE PROJECT APPROVAL AND ENVIRONMENTAL DOCUMNENTS (PANED) PHASE"
THIS AMENDMENT, made and entered into this 12'h day of February 2024, by and between HDR Engineering, Inc. hereinafter called "CONSULTANT," and the City of Yucaipa, a municipal corporation, hereinafter called "City,"
NOW, THEREFORE, CONSULTANT and CITY mutually agree as follows:
Subject to the terms and conditions of the original agreement dated May 27, 2020, between the subject CONSULTANT and the City of Yucaipa, shall be as follows for the additional professional services.
Original Agreement Amount $ 3,040,217
Proposed Amendment No. 1 $ 228,622.51
Revised Agreement Amount $ 3,268,839.51
CITY Fee and Payment Thereof
The CITY will pay the CONSULTANT for services rendered in the total amount NOT TO EXCEED $3,268,879.51 for the work required to complete professional services for the Interstate 10 at Wildwood Canyon Road Interchange PANED Phase.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the 12" day of February, 2024.
ATTEST:
Date
Ana V. Sauseda, CMC
Director of General Services/City
Clerk
City of Yucaipa
A Municipal Corporation
Date
Chris Mann, City Manager
HDR Engineering, Inc. Date
02/12/2024 City Council Agenda
207
EXHIBIT A
ADDED SCOPE OF WORK
PROJECT REPORT & ENVIRONMENTAL DOCUMENT (PA&ED) FOR THE 1-10 WILDWOOD CANYON ROAD INTERCHANGE
IN THE CITY OF YUCAIPA (November 2023)
TASK 2-7 STRUCTURE ADVANCE PLANNING STUDY (APS)
(Additional Deliverable Resulting from Value Analysis Study Recommendation) The CONSULTANT will prepare an additional APS for the proposed Eastbound On -Ramp which was recommended to evaluated on an elevated structure after the Value Analysis (VA) Study to avoid/limit impacts to Wildwood Creek immediately south of the existing Wildwood SRRA. Available geotechnical information from previously completed work on 1-10 at adjacent interchanges will be used as reference along with the additional SPGR developed for PA&ED.
The added APS deliverable will present the most conservative structure type and cost considering the existing constraints and project requirements. The APS will investigate and determine the preliminary structure length, width and type, structure depth, railing types, including temporary rails, types of footing supports, falsework, vertical and horizontal clearances, avoiding Wildwood Creek, determination of necessary approach slabs, and construction requirements. The APS will consist of a general plan showing the basic bridge plan, elevation, profile, typical section and estimated cost summary in accordance with guidelines set forth in Caltrans Memo to Designers 1-8 and Caltrans Office of Special Funded Projects (OSFP) Information and Procedures Guide 3-2. The APS will include a summary denoting the critical assumptions of the design to avoid Wildwood Creek as recommended in the VA Study.
DELIVERABLES:
• Advance Planning Study w/3 Structure Alternatives (1 additional report for Build Alternative 2 / 3 / 4 for the 1-10 Wildwood Canyon Road EB On -Ramp Bridge) (electronic PDF) TASK 2-17 STRUCTURES PRELIMINARY GEOTECHNICAL REPORT
(Additional Deliverable Resulting from VA Study Recommendation) CONSULTANT will provide a Structure Preliminary Geotechnical Report (SPGR) as part of the 1-10 Wildwood Canyon Road Interchange PA&ED for the added APS related to the EB On -Ramp. A draft SPGR will be provided for review and a final SPGR will be submitted after concurrence of comments. The SPGR will follow the requirements set forth in Section 2.0 of Caltrans' "Foundation Reports for Bridges." The geotechnical scope will include a site reconnaissance to assess the existing conditions at the site and accessibility of drilling equipment, reviewing available geotechnical and geologic information including reports, published geologic maps, and seismic hazard maps, reviewing as -built plans of the existing structures, reviewing preliminary structure improvements plans, and assessing the foundation alternatives for the proposed structures.
The report will summarize our findings from the review of available geologic information and include discussion on site geology and subsurface conditions, site seismicity, and geologic hazards, including seismic shaking, surface fault rupture, liquefaction, lateral spreading, seismic settlement, landsliding, flood, land subsidence, and expansion/collapse potential. Additionally, groundwater will be evaluated based on available data from existing Log of Test Borings (LOTBs) and online sources including the California Department of Water Resources. Preliminary 02/12/2024 City Council Agenda 208
seismic information and recommendations will be provided in the report. The Caltrans' ARS online tool will be used to develop preliminary deterministic and probabilistic ARS curves based on shear wave velocities calculated using existing subsurface data. The report will also include preliminary foundation recommendations and construction considerations for proposed structures, as well as recommendations on the field exploration program.
DELIVERABLES:
• One additional Draft & Final Structure Preliminary Geotechnical Report: 1-10 Wildwood Canyon Road EB On -Ramp (electronic PDF)
ASSUMPTIONS:
It is assumed that information used in the previously approved APS Reports will be used for initial analysis for this added SPGR.
TASK 2-19 HIGHWAY SAFETY MANUAL ANALYSIS REPORT
(New Scope Added by Caltrans Policy)
Caltrans informed the PA&ED Team the HSM Analysis using ISATe per the Caltrans Guidance dated April 4, 2022 is required despite this policy was released after initiation of PA&ED Services. This added scope will require the predictive collision analysis be accomplished for each alternative along the mainline and ramps. The No -Build Alternative (Alt 1) condition will serve as the control for the existing conditions. Each Build Alternative (Alt 2/3/4) will be analyzed as a quantitative comparison to predict the relative performance of the freeway lanes and ramp system because of the new connection of the Wildwood Canyon Road Interchange on Interstate 10 in Yucaipa.
HSM Analysis will be performed on 1-10 from west of Live Oak Canyon IC to east of County Line Road IC which will establish the existing predictive collision case or control situation. For comparison purposes, the same analysis limits will be evaluated for the newly added interchange ramps and auxiliary lanes. Local roadway analysis will not be performed for Wildwood Canyon Road beyond the ramp terminal intersections, Calimesa Boulevard or Avenue F since the local roadways are not distinguishing or unique features that change in the build alternative configurations.
The DDI will be compared to the diamond interchange configurations using a crash modification factor. This will compare predictive performance since all build alternatives have identical traffic volumes and the DDI, by design, eliminates specific conflict points which allows for a performance factor to be directly applied.
DELIVERABLES:
• Draft & Final Segmentation Figures for HSM Analysis Definition— Alternative 1 / 2 / 3 / 4 (electronic PDF) • Draft HSM Report (electronic PDF)
• Final HSM Report (electronic PDF)
• HSM Summary for inclusion in Final Supplemental TOAR (electronic PDF) TASK 4-2 CONDUCT ENVIRONMENTAL TECHNICAL STUDIES
02/12/2024 City Council Agenda 209
(Increased Study Area for Approved Advanced Guide Sign Concept) Cultural Resource Studies
This Project requires Caltrans NEPA documentation and cultural resource studies area be increases following CT D8 and FHWA concurrence on the advanced guide sign locations so the project remains in compliance with the First Amended Programmatic Agreement among the Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, as it pertains to the Administration of the Federal -Aid Highway Program in California (Caltrans PA). This work will encompass coordination with Caltrans for the added spot locations related to the Area of Potential Effects (APE), background studies, Native American consultation, an archaeological inventory, and the preparation of a Historic Property Survey Report (HPSR).
This scope for cultural resources reports will allow the current draft reports to be finalized following completion of follow-up site visits related to the recommended advance guide sign locations. 4-2u Growth Study
(New Scope Added by Caltrans Policy)
The CONSULTANT will conduct a Growth Study following a template provided to the City Team by Caltrans D8 Environmental Staff. This new scope item is required since the Project proposes to construct a new interchange that would alter the existing access and provide additional access along the 1-10 corrido and indirect growth impacts may occur. A Growth Study is being required by Caltrans to determine I the proposed Project may lead to growth -related effects. The Growth Study will be prepared using Catrans' Guidance for Prepares of Growth -related, Indirect Impact Analyses (May 2006). A summary of the Growth Study will be included in the CIA which is an existing scope item.
Deliverables:
• Draft and Final Growth Study (electronic PDF)
02/12/2024 City Council Agenda 210
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TASK DESCRIPTION
TOTAL
E - -HSMAnal—
568.19941
Enwonmenlal - Groh SWd
$110 230.22
BrW Structure-APS
$21 88058
Geaecly -SPGR
$10,56129
OOC - ISA Ma Arctlrves
$250 00
SubPaleoWest - CuBural Resources
$17.085 W
AMENDMENT TOTAL]
$228,882.51
02/12/2024 City Council Agenda 211
ATTACHMENT 2
02/12/2024 City Council Agenda 212
AMENDMENT NO. I TO PROJECT FUNDING AGREEMENT NO. 20-1002294
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF YUCAIPA
FOR
PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT PHASE FOR THE PHASED IMPROVEMENTS AT INTERSTATE 10 WILDWOOD CANYON ROAD
INTERCHANGE
I. PARTIES
A. This Amendment No. 1 (AMENDMENT) to Agreement 20-1002294 (AGREEMENT) is made by and between the San Bernardino County Transportation Authority (SBCTA) and the City of Yucaipa (CITY). SBCTA and CITY are each a "Party" and collectively the "Parties" herein.
II. RECITALS
A. On December 7, 2016, the SBCTA Board of Directors adopted an update to Measure I Strategic Plan Policy 40005 - Valley Freeway Interchange (VFI) Program to incorporate the Valley Interchange Phasing Program; and
B. PROJECT, which is the first phase of improvements at Interstate 10 (1 - 10) Wildwood Canyon Road Interchange, defined as the construction of a new westbound on ramp and off ramp, is identified as eligible for funding under the Valley Interchange Phasing Program with a $10 Million PROJECT cost limit and 50% public share; and C. On June 4, 2020, Parties executed Funding Agreement No. 20-1002294 for funding for the Project Approval and Environmental Document (PANED) phase of PROJECT with a Measure I contribution amount of $625,000; and
D. In October 2021, CITY began preliminary design and environmental studies for PROJECT under the PANED phase; and
E. Additional design and environmental studies and reports were added to the scope of the PROJECT for the PA/BD phase due to project scope changes and changes in environmental regulations and Caltrans requirements; and F. The environmental document type needed for the project was changed to an Environmental Impact Report whereas an Initial Study was initially contemplated; and 20-1002294-01 Page 1 of 3
02/12/2024 City Council Agenda 213
G. The estimated cost of environmental and design professional services increased for the PANED phase; and
H. PROJECT milestone dates have changed due to the change in the environmental document type needed for PROJECT; and
I. Parties desire to amend AGREEMENT to define funding responsibilities for the estimated cost increase for environmental and design professional services and update PROJECT milestone dates.
NOW, THEREFORE, SBCTA and CITY agree to the following:
1. Replace Section I.1 in its entirety with the following:
That SBCTA is responsible for the 50.0% public share of the PANED phase of PROJECT, as described more fully in Attachment A. 1, not to exceed $1,250,000 in Measure I 2010-2040 VFI Program Funds. SBCTA shall have no further responsibilities to provide any further funding for PANED phase of PROJECT exceeding this amount without a written amendment to this Agreement. A cost estimate for the PROJECT is provided in Attachment B.1.
2. Replace Attachment A attached to the AGREEMENT in its entirety with Attachment A.1 attached to this Amendment No. 1.
3. Replace Attachment B attached to the AGREEMENT in its entirety with Attachment B.1 attached to this Amendment No. 1.
4. Except as amended by this Amendment No. 1, all other provisions of the AGREEMENT shall remain in full force and effect and are incorporated herein by this reference.
5. Amendment No. 1 is deemed to be included and made part of the AGREEMENT.
6. The Recitals set forth above are incorporated herein by this reference.
7. Amendment No. 1 is effective upon execution by SBCTA. -SIGNATURES ON FOLLOWING PAGE --------------------------- 20-1002294-01 Page 2 of 3
02/12/2024 City Council Agenda 214
IN WITNESS WHEREOF, Parties have duly executed Amendment No. 1 to Agreement 20- 1002294 below:
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
Dawn M. Rowe
President, Board of Directors
Date:
APPROVED AS TO FORM:
Juanda L. Daniel
Assistant General Counsel
CITY OF YUCAIPA
By:
Chris Mann
City Manager
Date:
APPROVED AS TO FORM AND
PROCEDURE:
By:
Steven Graham
City Attorney
ATTEST:
By:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
20-1002294-01
02/12/2024 City Council Agenda
215
ATTACHMENT A.1
PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT PHASE FOR THE 1-10 WILDWOOD CANYON ROAD INTERCHANGE
CITY OF YUCAIPA
Description of Work and Milestones
DESCRIPTION OF WORK
Conduct traffic, engineering, and environmental studies and complete a Project Report and environmental document for the Project Approval and Environmental Document Phase of the proposed phased improvements of I-10 Wildwood Canyon Road Interchange. Work may include, but is not limited to, completion of the following studies/reports: Mapping and Surveys, New Connection Report, Traffic Report, Geometric Approval Drawings (GAD), Design Fact Sheets, Drainage Report, Hydraulics Report, Structures Advanced Planning Study, Geotechnical Report, Materials Report, Air Quality Report, Natural Environment Study Report, Biological Assessment, Cultural Resources Reports, Visual Impact Analysis, Highway Safety Manual Analysis, Rapid Stability Assessment, Growth Study, VMT Assessment Report, Environmental Impact Report (EIR), and permits.
Analysis may include evaluation of multiple alternatives, modifications to the existing rest stop, analyzing and coordinating plans with adjacent interchanges, coordinating the alignment of ramps with the frontage road on the north side of I-10, coordinating the alignment of ramps with the proposed 1-10 EB Truck Climbing Lane Project between 16th Street Overcrossing and County Line Road Interchange and the ultimate circulation system on the south side, and identifying a viable phased approach to development of the ultimate interchange.
PROJECT MILESTONE
Begin Project Approval and Environmental Document Phase Complete Project Approval and Environmental Document Phase
BASELINE
July 1, 2020
December 11, 2025
20-1002294-01
02/12/2024 City Council Agenda
216
ATTACHMENT B.1
PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT PHASE FOR THE 1-10 WILDWOOD CANYON ROAD INTERCHANGE
Summary of Estimated Costs
Maximum Cost
CITY Share
Attributed to
SBCTA Share*
(Development
C
Component
First Phase of
50.0%
Share)
Ultimate
50.0%
Improvements
$2,500,000
Project Approval
(Note: costs for
$1,250,000
$1,250,000
and Environmental
PA/ED in excess
Document Phase
of this amount
shall be borne by
City, using
funding sources
of City' s choice.
*SBCTA's share can be from sources under control of SBCTA including, but not limited to, Measure I Valley Freeway Interchange Program (VFD), State Transportation Improvement Program (STIP), Surface Transportation Program (STP), or other funds without necessitating an amendment of this Agreement.
Only work associated to the construction of the westbound on -ramp and off -ramp, which is the first phase of the improvements at 1-10 Wildwood Canyon Road Interchange, is eligible for reimbursement from the SBCTA Valley Interchange Phasing Program. 20-1002294-01
02/12/2024 City Council Agenda 217
ATTACHMENT 3
02/12/2024 City Council Agenda 218
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02/12/2024 City Council Agenda 219
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Alternative 4 — Diverging Diamond Interchange Overcrossing Ir-
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Agenda Item No. 15
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Joe Pradetto. Director of Governmental Affairs/Public Information Officer FOR: City Council Meeting of February 12, 2024
SUBJECT: An Amendment to the Agreement for the Joint Exercise of Powers Relative to the San Bernardino Associated Governments
RECOMMENDATION:
That the City Council approve and authorize the Mayor to sign Amendment No. 4 to the Joint Exercise of Powers Agreement Relative to the San Bernardino Associated Governments (SANBAG) to change the name of the organization to the San Bernardino Council of Governments (SBCOG) and to remove the section that specifies the method for calculating membership dues to make the assessment a policy decision set by the Board of Directors.
DISCUSSION:
The City of Yucaipa is a member of the SBCOG, a Joint Powers Authority (JPA) that includes San Bernardino County's 24 cities and towns and the County of San Bernardino's five Board of Supervisor districts. The SBCOG provides a forum for member agencies to exchange information and collaborate on regional issues. This collaboration helps member agencies to leverage resources to improve coordination and reduce duplication.
In 2018, the SBCOG Board adopted a five-year work and funding plan. The work plan included the creation and implementation of the Emergency Communication Nurse System, research and preparation for creation of a Housing Trust, and healthy communities programs. The SBCOG also provided marketing and grant writing support to its member agencies.
Funding for the 2018 work plan came from two primary sources: 1) member dues and 2) fund balance from the Property Assessed Clean Energy (PACE)/Home Energy Renovation Opportunity (HERO) programs. Each member agency pays dues as specified in the JPA Agreement. Yucaipa's current membership dues total $16,357 per year, and SBCOG's current annual budget is $658,000.
On July 5, 2023, as the SBCOG Board received a report on the 2018 work plan, and based on the information provided, specifically that the HERO funds are expended and there looms a budget deficit in 3 years due to lack of funding, the Board created an ad hoc committee to discuss expanding the capacity of the SBCOG and increasing the dues paid by the member agencies to fund its operations. After looking at other council of government organizations, the ad hoc committee determined that the SBCOG's budget and staffing level are far below sister agencies. 02/12/2024 City Council Agenda 222
The ad hoc identified opportunities to enhance the capacity of SBCOG to better serve its member agencies.
After months of deliberation, the ad hoc committee presented to the Board its recommendations to increase SBCOG staffing and budget. The recommendation includes increasing staff to 3 full-time equivalents (FTE) from 1.3 FTE and increasing the annual budget from $658,000 to $1,500,000.
The additional staffing and budget will go to support regional collaboration on housing, homelessness, public safety, and grant writing.
Membership Dues
For the last several years, fund balances from the PACE and HERO programs helped supplement membership dues. However, that money has run out. To fund a new work plan and provide stability for the future of SBCOG, membership dues must rise. The JPA Agreement specifies the particular method by which membership dues are calculated. Current membership dues are calculated on an original assessment based on each member agency's population (50%) and assessed property valuation (50%), and two flat fees adopted in 2016 and 2022, $5,337 and $8,000, respectively (Attachment 1).
The ad hoc committee explored several funding options. It recommended to the Board the option it felt had the fairest impact on member agencies. The recommendation was to add to the existing membership dues a new assessment based on each member agency's population (50%) and general fund tax revenues (50%). Attachment 1 outlines the new membership dues for each member agency. For the City of Yucaipa, this represents an increase of $17,217 per year, for a total of $33,574.
JPA Agreement
To provide flexibility and avoid having to amend the JPA Agreement when changing membership dues, the amendment presented for approval as part of this motion removes the specific dues formula in the JPA Agreement and replaces it with a new provision that makes dues based on SBCOG policy (Attachment 2). This will allow the SBCOG Board to set membership dues as needed. This amendment also formally changes the name of the JPA from San Bernardino Associated Governments to the San Bernardino Council of Governments. Participation in the SBCOG is voluntary. If ever the City Council objected to the SBCOG's dues, it may opt to withdraw its membership.
FISCAL IMPACT:
The proposed JPA Amendment will modify the formula to calculate membership dues. The estimated membership dues for the City of Yucaipa would increase from $16,357 to $33,574.
Fiscally, the impact would be to FY2024-25 budget.
02/12/2024 City Council Agenda 223
Attachment(s):
1. SBCOG General Assessment Dues & Potential Increase
2. Amended Agreement for the Joint Exercise of Powers relative to the San Bernardino Associated Governments, SANBAG JPA Amendment #4
Approved By:
02/12/2024 City Council Agenda 224
ATTACHMENT
02/12/2024 City Council Agenda 225
SBCOG General Assessment Dues & Potential Increase
New
Assessed Value
Base Sales Tax +
Total Current
Assessment
Total Current
Population
Fiscal Year
Property Tax
Original
2016
2022
Assessments
50% Population/
Assessments+
Jurisdiction
2022
2022/2023
Revenues(l)
Assessment (2)
Assessment (3)
Assessment (4)
(2)+(3)+(4)
50% Revenue
New Assessment (5)
Adelanlo
36,357
$3,011,709,510
8,290,201
$1,B56
$5,337
$8,000
$15.193
$10,379
$25,572
Apple Valley
75,628
$7,557,490,866
25,206,081
$4,166
$5,337
$8,000
$17,503
$23.345
$40,848
Barstow
25,202
$1,724,738,920
19,590,846
$1,200
$5,337
$8,000
$14,537
$10,247
$24,784
Big Bear Lake
5.041
$4,416,276.035
18,299,262
$1,204
$5,337
$8.000
$14,541
$5.221
$19.762
Chino
91,998
$17,295,592,739
75,528,060
$6,985
$5,337
$8,000
$20,322
$38,292
$58,614
Chino Hills
77,964
$14,639,278.992
32,696,782
$5,915
$5.337
$8,000
$19.252
$25,546
$44.798
Colton
53.617
$5,016,940,896
31,398,593
$2,873
$5,337
$8,000
$16,210
$19,534
$35,744
Fontana
212.809
$27,019,267,552
108,183,439
$13,084
$5,337
$8.000
$26,421
$73.906
$100,327
Grand Terrace
13.042
$1,347,509,349
5,765,052
$729
$5,337
$8,000
$14.066
$4,339
$18,405
Hesperia
100,324
$8,075,905.550
23,814,083
$5,065
$5,337
$8,000
$18,402
$28,847
$47,249
Highland
56.546
$4,500,367.999
21,881,584
$2,B43
$5,337
$8,000
$16,180
$18,124
$34,304
Loma Linda
25.349
$2,827,789.573
12,255,309
$1,466
$5,337
$8,000
$14,803
$8,664
$23,467
Montclair
37,846
$4,280,071,001
31,424,075
$2,203
$5,337
$8,000
$15,540
$15,830
$31,370
Needles
4,876
$495,248,695
8,921,710
$270
$5,337
$8,000
$13,607
$3,114
$16,721
Ontario 179.516 $36,223,657,090 243,176,826 $14,216 $5,337 $8,000 $27,553 $95,842 $123,395 Rancho Cucamonga 174.476 $32,965,855,079 87,561.737 $13,287 $5,337 $8,000 $26,624 $60,344 $86,968 Redlands 72,585 $12,032,086,055 66,216.730 $5,129 $5,337 $8,000 $18,466 $31,673 $50,139 Rialto
103,954
$13,115,586,958
111,985,260
$6,372
$5,337
$8,000
$19,709
$49,142
$68,851
San Bernardino
220.840
$19,097,789.522
129,701,848
$11,462
$5,337
$8,000
$24,799
$80.540
$105,339
Twentynine Palms
27,685
$1,137,526,790
10,674,796
$1,139
$5,337
$8,000
$14,476
$8.865
$23,341
Upland
79,139
$11,532,952,948
41,173,743
$5,217
$5,337
$8,000
$18,554
$27,692
$46,246
Viclorville
136.561
$11,444,656,207
65,149,801
$7,001
$5,337
$8,000
$20,338
$46,484
$66,822
Yucaipa
54.494
$5,524,015,696
19,954,046
$3,020
$5,337
$8,000
$16,357
$17,217
$33,574
Yucca Valley
21,813
$2,270,934.302
11,976,891
$1,223
$5,337
$8,000
$14,560
$7,771
$22,331
County
300,003
$42,962,663,648
1,122,622,000
$19,598
$5,330
$8,000
$32,928
$318,100
$351,028
2,187,665
$290,515,911,972
2,333,448,755
$137,523
$133,418
$200,000
$470,941
$1,029,059
$1,500,000
NOTES:
(1) Base sales tax (7.75%) and property tax amounts obtained from financial statements for FY 2022, except for Town of Apple Valley FY 2021 and City of Adelanto FY 2020. Additional local tax is deducte (2) Original assessment based on 50% population and 50% assessed value. Amounts are adjusted every fiscal year. (3) In FY2015/2016. the Board of Directors approved an additional $133,418 every fiscal year for Council of Government (COG) activities. (4) In FY2021/2022, the Board of Directors approved additional monetary obligations for COG activities: $66, 675 for FY22-23, $133,350 for FY23-24, $200,000 for FY24-25 and escalation every fiscal year (5) $1.5M total sum of current assessments plus the net amount of $1,029,059 distributed based on 50% PopulatioN50% Revenue, 02/12/2024 City Council Agenda 226
ATTACHMENT 2
02/12/2024 City Council Agenda 227
Amended Agreement for the Joint Exercise of PowersRelative to the 01/03/2024 San Bernardino Associated Governments, SANBAG JPA Amendment #4 This Amendment No. 4 to the Agreement for the Joint Exercise of Powers ("Agreement") Relative to the San Bernardino Associated Governments is entered into by and between San Bernardino County, a political subdivision of the State of California; the City of Adelanto, a charter city; the Town of Apple Valley, a municipal corporation; the City of Barstow, a municipal corporation; the City of Big Bear Lake, a charter city; the City of Chino, a municipal corporation; the City of Chino Hills, a municipal corporation; the City of Colton, a municipal corporation; the City of Fontana, a municipal corporation; the City of Grand Terrace, a municipal corporation; the City of Hesperia, a municipal corporation; the City of Highland, a municipal corporation; the City of Loma Linda, a charter city; the City of Montclair, a municipal corporation; the City of Needles, a charter city; the City of Ontario, a municipal corporation; the City of Rancho Cucamonga, a municipal corporation; the City of Redlands, a municipal corporation; the City of Rialto, a municipal corporation; the City of San Bernardino, a charter city; the City of Twentynine Palms, a municipal corporation; the City of Upland, a municipal corporation; the City of Victorville, a charter city; the City of Yucaipa, municipal corporation; and the Town of Yucca Valley, a municipal corporation.
RECITALS
1. WHEREAS, each party to the Agreement is a public agency and is authorized to enter into this Amendment No. 4;
2. WHEREAS, each party to the Agreement entered into and executed a Joint Powers Agreement creating an organization (San Bernardino Associated Governments) to explore and study countywide, subregional and regional problems and to effect improved intergovernmental cooperation; and
3. WHEREAS, the parties have previously amended the Agreement three times, the last time being in 1975; and
4. WHEREAS, the parties desire to amend the Agreement to rename the entity formed by the Agreement to be San Bernardino Council of Governments; and
5. WHEREAS, the Agreement's funding mechanism is outdated, and as such, the parties desire to amend the Agreement to provide greater funding to the joint powers entity in a more equitable manner.
NOW, THEREFORE, the parties hereto agree as follows:
1. The joint powers entity formed by the Agreement shall be known as the San Bernardino Council of Governments ("SBCOG"). All instances of "San Bernardino Associated Governments" in the Agreement are replaced with "San Bernardino Council of Governments." All instances of "SANBAG" are replaced with "SBCOG." All instances of "the Association" or "the association" in reference to the joint powers entity are replaced with "the COG."
2. The article titled "ASSESSMENTS" is removed and replaced in its entirety with the following:
ASSESSMENTS
10. In reviewing the budget, the Board of Directors shall determine what assessments are necessary. Such assessments shall be calculated in accordance with SBCOG policy adopted by the Board of Directors. The policy will identify a particular method or formula specifying how member agency dues shall be assessed, and will also allow for optional, subscription JPA-Amndmnt4
02/12/2024 City Council Agenda
1 of 3
228
Amended Agreement for the Joint Exercise of PowersRelative to the 01/03/2024 San Bernardino Associated Governments, SANBAG JPA Amendment #4 assessments that member agencies may opt in to on a voluntary basis, based on a Board - adopted budget or budget amendment and a subscription work program.
Each party shall be informed of its estimated assessment by April 1. After the final budget becomes effective, the Board of Directors shall determine the precise amount of the assessment, if any may be necessary, and the parties shall be so informed. Assessments shall be payable on or before August 1 for the fiscal year starting July 1.
In addition to the assessments referenced in the preceding paragraphs, advances from the public funds of the parties hereto may be made for the purposes set forth in this Agreement.
When such advances are made, they shall be repaid from the first available funds.
The Board of Directors shall have the power to authorize utilization of personnel, equipment, or property of one or more of the parties to this Agreement in complete or partial satisfaction of such party's obligations to pay assessments or make advances.
All assessments or other monetary obligations hereunder shall be paid to the COG and shall be authorized for expenditure by a majority vote of the Board of Directors in connection with the adoption of the annual budget."
3. This Amendment No. 4 shall become binding upon each party hereto upon that party's execution.
Signed and attested by the following:
Jurisdiction
City of Adelanto
City of Apple Valley
City of Barstow
City of Big Bear Lake
City of Chino
City of Chino Hills
City of Colton
City of Fontana
City of Grand Terrace
City of Hesperia
Date
JPA-Amndmnt4
02/12/2024 City Council Agenda
2of3
229
Amended Agreement for the Joint Exercise of PowersRelative to the 01/03/2024 San Bernardino Associated Governments, SANBAG JPA Amendment #4 City of Highland
City of Loma Linda
City of Montclair
City of Needles
City of Ontario
City of Rancho Cucamonga
City of Redlands
City of Rialto
City of San Bernardino
City of Twentynine Palms
City of Upland
City of Victorville
City of Yucaipa
Town of Yucca Valley
County of San Bernardino
Board Adopted: January 3, 2024
JPA-Amndmnt4
02/12/2024 City Council Agenda
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230
Agenda Item No. 16
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer FOR: City Council Meeting of February 12, 2024
SUBJECT: Trails and Open Space Committee Appointment
RECOMMENDATION
That the City Council:
1) Review the attached Citizen Service Applications and nominate one applicant for the At - Large Membership to the Trails and Open Space Committee; and 2) Vote on the appointment of the nominated applicant.
BACKGROUNDMISCUSSION
Prior to the Trails & Open Space Committee Meeting on December 5, 2023, City staff was informed of the resignation of an at -large member due to personal reasons. This resignation resulted in one (1) vacant at -large position as of January 1, 2024. This at -large vacant position has an expiration date of January 1, 2025.
The City has received two (2) Citizen Service Applications from residents interested in joining the Trails and Open Space Committee. Attached to this report are copies of the Citizen Service Applications received.
Any member of the City Council may nominate an individual for membership on the Trails and Open Space Committee. A majority vote of the Council is required for an appointment to be made.
Each applicant has been notified of this meeting and advised that Council typically desires their attendance to provide additional information, if needed.
FISCAL IMPACT:
None
Attachment:
1. Citizen Service Applications
Approved By:
02/12/2024 City Council Agenda 231
CITY OF YUCAIPA I 10:0,1VI:►)
I)ate:
34272 YUCAIPA BOULEVARD --
YUCAIPA, CA 92399 f3`
(909) 797-2489 (Name)�'
!'111'TIrFV%T Cr"IrtfrT` A ""I MAY 04 2023
%_1 l 1L..L11% JLl\r I%_L' P%A l "I%1 V I liJIN
The Yucaipa City Council is seeking citizens to serve on duly constituted City Commissions anOT Committees which have been established to assist and advise the City Council on specific matte:AIPA for consideration which have been assigned to the respective Commission or Committee. Please complete this application for appointment in full. The applications should be typed or clearly printed and filed with the City Clerk
Name of Applicant:
Address:
Home
Phone:
Email:
►rst
Number and Street
Work
Phone
Occupation: RA4P_ck1L(it_.nr C�
Educational Background. -
Middle Last
City Zip Code
Cell Phone:
Commission or Committee t'or which you are ,,(�
applying: 1 i�.t i (111 C
If you are applying to the Mobilehome Rent Review Commission, please initial below pursuant to the City of Yucaipa Municipal Code §15.20.070, Subsection A (1)) I declare that I am neither a resident nor a park owner of a mobilehome park in the City of Yucaipa, that I have no tinancial interest (as detined by state law) in an} mobilehome or mobilehome park and have no parents, children, spouse or siblings with any such interest.
Applicant signature:
you interested in this position?
ATTACH A RESUME AND/OR ADDITIONAL INFORMATION WHICH YOU FEEL WILL ASSIST THE CITY COUNCIL IN THEIR SELECTION.
02/12/2024 City Council Agenda
232
1 CITIZEN SERVICE APPLICATION
PAGE TWO
What do you consider to be three (3) major assets that would qualify you for selection to this commission/committee?
kLt_
How long have you resided in Yucaipa?
J
ICEFERENCLS
1. 2.
Applicants are advised that they may be requested to make information available regarding any potential conflict of interest arising from their business/property and/or investments with the City of Yucaipa or where the decisions taken by the City of Yucaipa may influence that business or affiliation.
Completed applications should be returned to the City Clerk's Office, 34272 Yucaipa Boulevard, Yucaipa. California 92399. prior to anv closine dates established 1 CERTIFY THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT.
Signature of Applicant:
Date: � -
hut,^: �ucaipa.sharepoint.com sites GeneralServices Shared Ih,ouments General Services Cnc Clerk d C HY C ITR6 Fll ES COI NC 11..
COMMISSIONS. Ct)\IMITIT:ES Citizen Service \pplicatim.doc 02/12/2024 City Council Agenda
233
1 CITY OF
CITY OF YUCAIPA
34272 YUCAIPA BOULEVARD
YUCAIPA.) CA 92399
(909) 797-2489
CITIZEN SERVICE APPLICA
Received -0
City of Yucaipa
SEP 2 7 2023
Services/
The Yucaipa City Council is seeking citizens to serve on duly constituted City Commissions and Committees which have been established to assist and advise the City Council on specific matters for consideration which have been assigned to the respective Commission or Committee. Please complete this application for appointment in full. The applications should be typed or clearly printed and filed with the City Clerk.
Name of Applicant: Rosanna M Roa
First Middle Last
Address: Yucaipa 92399
Number and Street City Zip Code
Home Work Cell
Phone: Phone: Phone:
Email:
Occupation: Retired from State service - Office of Environmental Engineering Educational Background: AA degree from Riverside Comm. College Commission or Committee for which you are
applying: Trails and Open Space
Why are you interested in this position?
Newly relocated from central Riverside, where open space is limited to city parks, the need to save the natural environment resonates with me. I love to hike in open space areas to enjoy the natural environment, hear the birds and watch the native species which inhabit the area. I hope to encourage the city to consider the richness of open space to preserve and protect it.
z
02/12/2024 City Council Agenda
234
What do you consider to be three (3) major assets that would qualify you for selection to this commission/committee?
1- Ability to communicate and comprehend
2- Love of nature
3. Integrity and determination
How long have you resided in Yucaipa? 10 months
REFERENCES:
1. Illeen Prentiss
2. Renee Almatierra
Applicants are advised that they may be requested to make information available regarding any potential conflict of interest arising from their business/property and/or investments with the City of Yucaipa or where the decisions taken by the City of Yucaipa may influence that business or affiliation.
Completed applications should be returned to the City Clerk's Office, 34272 Yucaipa Boulevard, Yucaipa, California 92399, prior to any closing dates established.
I CERTIFY THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT.
Signature of Applicant:
Date: q-l?-,?g
ATTACH A `RESTJME' AND/OR ADDITIONAL INFORMATION: WHICH NOV,; FEEL: W 4 ASSIST THRCITY'COUNCIL IN T bt)A SELECTION.:`
2 02/12/2024 City Council Agenda 235
Agenda Item No. 17
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of February 12, 2024
SUBJECT: 2024 Membership on Council Ad -Hoc & Standing Committees
RECOMMENDATION
That the City Council:
Review the current 2024 Committees Roster and advise the City Clerk of any changes to current memberships; and
2. Appoint two members of the City Council serve on the newly created Community Activity Grant Ad -Hoc Committee; and
3. Advise the City Clerk if a member of the City Council will be appointed to the Economic Development Advisory Committee (EDAC).
DISCUSSION
Annually, the City Council reviews current memberships on the various City Council ad -hoc and standing committees and makes adjustments as necessary.
On November 27, 2023, the City Council adopted Resolution No. 2023-46, "approving general rules and procedures for the conduct of commissions and committees in the City of Yucaipa and re-establishing City Council committees, committee functions, and setting committee meeting dates and time." Per Resolution No. 2023-46, the Community Activity Grant (CAG) Application Review Ad -Hoc Committee was established, and the Economic Development Advisory Committee (EDAC) was completely restructured. The CAG Application Review Ad -Hoc committee requires two (2) members of the City Council to serve on an as -needed basis. EDAC gives the option for the Council to appoint one (1) non -voting Councilmember to serve as the liaison to this committee.
Staff recommends that the City Council review the current membership list and advise the City Clerk of any changes, appoint two (2) members to serve on the CAG Application Review Ad -Hoc Committee, and discuss whether or not to appoint a member of the Council to serve on EDAC. 02/12/2024 City Council Agenda 236
FISCAL IMPACT
There is no fiscal impact.
Attachment(s):
1. 2024 Committees Roster
Approved By: G
02/12/2024 City Council Agenda 237
ATTACHMENT 1
02/12/2024 City Council Agenda 238
2024 Committees of of
AD -HOC COMMITTEES
CASA BLANCA ADVISORY Member Member
Yucaipa
Meeting Date
Time
Place
Jon Thorp
Chris Venable
AS -NEEDED
COMMUNITY ACTIVITY GRANT (CAG) APPLICATION
REVIEW
Member
Member
Meeting Date
Time
Place
VACANT
VACANT
AS -NEEDED
FIVE WINDS RANCH IMPROVEMENT ADVISORY
Member
Member
Meeting Date
Time
Place
Bobby Duncan
Jon Thorp
AS -NEEDED
LIBRARY
Member
Member
Meeting Date
Time
Place
Matt Garner
Jon Thorp
AS -NEEDED
PUBLIC ARTS
Member
Member
Meeting Date
Time
Place
Justin Beaver
VACANT
AS -NEEDED
PUBLIC SAFETY
Member
Member
Meeting Date
Time
Place
Justin Beaver
Jon Thorp
AS -NEEDED
SOLID WASTE
Member
Member
Meeting Date
Time
Place
Justin Beaver
Bobby Duncan
AS -NEEDED
YUCAIPA VALLEY CHAMBER OF COMMERCE
Member
Member
Meeting Date
Time
Place
'STANDING•
FINANCE COMMITTEE
Bobby Duncan
Member
Justin Beaver
Member
AS -NEEDED
Meeting Date
Time
Place
Jon Thorp
I Chris Venable
QUARTERIY
02/12/2024 City Council Agenda p�at'e�Q
Last�d on 02i13/2023
Agenda Item No. 18
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Chris Mann, City Manager
Joe Pradetto, Director of Governmental Affairs
FOR: City Council Meeting of February 12, 2024
SUBJECT: Library Grant Update, Funding Agreement Ratification, and Letter of Opposition
RECOMMENDATION
That the City Council:
1. Receive an update on the Yucaipa Library Project and State Grant; and
2. Ratify a funding agreement with the County of San Bernardino signed by the City Manager accepting grant funding not -to -exceed $1 million; and
3. Authorize the sending of a letter opposing the Governor's proposal to claw -back library grant funds.
DISCUSSION
City staff has made significant progress towards delivering the new Yucaipa Library. Recent financial commitments from project partners have made the project viable. However, the Governor's current budget proposal puts the project at risk. This report provides a project status update, ratifies an agreement to receive grant funding from the County, and authorizes the sending of a letter to the Governor asking that the $9 million State grant awarded to the City not be revoked as part of the State's efforts to solve a projected budget deficit.
Background
Current Library Operations
The San Bernardino County Library System (SBCL) operates the Yucaipa Library. SBCL provides materials, programs, and staffing. The City owns the facility and pays for utilities and maintenance.
The Yucaipa Branch Library receives more than 150,000 visits every year. It offers approximately 60,000 items for checkout. It has 18 public computers, including several devoted to early learning.
The children's area is small and lacks comfortable furniture for parents. There is an active teen group at the library, but limited space is available for individual or group study. There is also an 02/12/2024 City Council Agenda 240
active literacy program supported in part by the City of Yucaipa. However, there are no quiet study areas or areas for group instruction.
Current Library Conditions
The community has outgrown the current facility. The current Yucaipa Branch Library was built in 1969 at 7,518 sq. ft. It was expanded to 11,535 sq. ft. in 1987. In 2011, the City performed a modest renovation with new paint, carpets, and chairs. In 2014, the City replaced the HVAC.
However, the discovery of asbestos halted other upgrades.
The current facility suffers from design obsolescence and safety and structural issues. Design obsolescence includes non-ADA compliant bathrooms and travel areas, and inadequate functional space. Safety issues include asbestos, mold, aged electrical systems, and no power backup. The building does not meet current seismic standards. Structural issues include water damage, exterior cracking, and no fire suppression system.
New Library Needs Assessment
In 2001, San Bernardino County published a Library Master Facilities Plan. Using demographic predictions, the report projected 60,000 Yucaipa residents by 2021. (Our current population is about 55,000.) Based on that population size, the County recommended building a new 25,000 sq. ft. library.
In 2010, the City of Yucaipa completed a Library Needs Assessment Study. This studied the City's need based on 2030 population projections. The results suggested the City would need a 20,000 - 30,000 sq. ft. library to meet demand. This reinforced the County's master plan recommendation for a 25,000 sq. ft. facility.
A new library would need to deliver accessibility, modern amenities, and technological resources.
Project Funding
In 2021, the Legislature allocated $439 million to the California State Library to fund library construction. The State Library awarded the money via a competitive grant. Grant awards maxed out at $10 million and required a dollar -for -dollar match. The grant prioritizes projects in high - poverty areas or that address life and safety issues.
In March 2022, the City applied for $9 million to partially fund a new library. The grant proposal included San Bernardino County and the Yucaipa-Calimesa Joint Unified School District (YCJUSD) as project partners. By the time of submission, the application evolved to build a 25,000 sq. ft. library on a vacant lot next to Yucaipa High School. YCJUSD would contribute the land for the project location. This would put the library in proximity to the Dunlap area, the most disadvantaged area of the City. The project proposed a teen cafe and support space for the School District. The City indicated in the grant application that it had the required matching funds.
However, the source of funds was not specified.
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In October 2022, the State Library notified the City that it was approving its grant request. As part of the grant award, the City had to confirm the availability of matching funds. In December 2022, then City Manager Ray Casey signed a letter to the State Library confirming the City had the required matching funds. However, once again, the source of funds was not specified.
On January 9, 2023, the City Council received an update on the library grant and re -authorized the City Manager to execute the grant agreement with the State Library. In the staff report, Casey outlined the source of matching funds, as follows:
• City (general fund) - $1 M
• EIFD - $4 M
• County - $2 M
• YCJUSD (RDA Pass -Through) - $2 M
In March 2023, staff began pursuing the establishment of an Enhanced Infrastructure Financing District (EIFD). The EIFD would be most effective with County participation, and its formation must go through a legal process. Forming the EIFD would take time, and County cooperation was not guaranteed. Also in March, staff began to receive reports of inflation that would impact the project. Inflation drove the per -square -foot costs to $1,000. This increased construction estimates from $18 million to $25 million.
In April 2023, staff met with YCJUSD to discuss the project. YCJUSD indicated that the RDA funding that Casey used in his original match calculations was not available for this project. That funding was allocated for turf replacement on YCJUSD sports fields.
In May 2023, staff with County CEO Leonard Hernandez to discuss forming the EIFD. Hernandez indicated the County would not support the EIFD. However, he indicated that the County could potentially increase its cash support to $6 million. With a $6 million contribution from the County and $1 million from the City, this left a $2 million shortfall for the match. To build a 25,000 sq. ft. facility, the City would need to secure $16 million on top of the State grant award. Having $7 million potentially secured, that left a $9 million funding gap for the desired project.
In June 2023, City staff met with representatives from the San Manuel Band of Mission Indians to discuss grant support for the library. Although staff had initially applied for $100,000, representatives indicated that the Tribe may be willing to contribute more if the project was certain to proceed.
In August 2023, Hernandez resigned as County CEO. With the change in County CEO, discussions with the County halted.
In December 2023, City staff met with the County and YCJUSD to discuss the project. County staff indicated that the $6 million Hernandez offered was no longer available. However, they volunteered to research other options. Later that month, the County indicated that it could contribute $4 million to the project.
02/12/2024 City Council Agenda 242
Current Funding Status and Plan
January 2024 was a consequential month for the library project. With time elapsing, City staff evaluated options to deliver a new library. The state grant requires the new library to be constructed and operational by March 2026.
Staff determined that it would be unlikely to secure an additional $7 million above the required match to build the desired project. To create a more viable project, staff asked the state grant coordinator if the state would support a potential time extension and a reduction in the proposed square footage to 18,000. The County Librarian stated that, based on current standards and requirements for a modern library, 18,000 sq. ft. would meet the community's needs, as long as the building is well -designed to maximize available square footage. The state grant coordinator indicated support for a time extension and reduced footprint as long as the design met the community's needs, and the project was making real progress towards completion.
This paved the way for a more affordable project and the time to complete it. However, additional funding still needed to be found in order to match the $9 million grant. City Finance Department staff combed through the City's Capital Improvement Project budget and identified $2 million that could be re -allocated from other projects that will not be ready to proceed for several years (if at all). This allows us to increase the City's proposed contribution to $3 million. With the County's $4 million, this left a $2 million shortfall to meet the required grant match of $9 million.
Dedicated to bringing this important project to her constituents in Yucaipa, San Bernardino County Supervisor Dawn Rowe met with City staff on January 16, 2024, and offered her support and assistance in closing the gap. Supervisor Rowe secured an additional $1 million of County funding, and then approached the San Manuel Band of Mission Indians with a request that they consider matching that $1 million contribution. Staff then met with representatives from San Manuel to discuss the proposal. On January 30, 2024, the City received the exciting news that the San Manuel Band of Mission Indians will contribute $1 million toward the project. With that, all $9 million of matching funds required to move forward with an $18 million library project had been identified.
However, on January 31, 2024, the City learned that Governor Newsom is considering clawing - back library grant funds awarded throughout the State in an effort to close the State's massive projected budget deficit. This returns the project to a state of uncertainty. Our state lobbyist informed staff that there is strong legislative opposition to the Governor's proposal to claw -back library grant funds and suggested the City Council approve a letter to the Governor opposing the action. Approving such a letter is outlined in staff recommendation #3.
Partner Contributions
The Yucaipa Library project partners have stepped up in a big way. Supervisor Dawn Rowe, the San Manuel Band of Mission Indians, the County Administrative Office (CAO), and the Yucaipa- Calimesa Joint Unified School District, have all played critical roles in making the dream of a new Yucaipa Library a reality. Each of these partners deserve gratitude and special recognition from the community.
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The current project contributions are as follows:
• State Library Grant - $9 M
• Supervisor Dawn Rowe - $1 M
• San Manuel Band of Mission Indians - $1 M
• County Administrative Office - $4 M
• City - $3 M
• Yucaipa-Calimesa Joint Unified School District — Project Site Ratifying the agreement to receive Supervisor Rowe's contribution is outlined in staff recommendation #2.
Staff continues to explore other partnerships and funding opportunities. However, with the present contributions in place, we now have a viable project. Additional funding or partners may help to enhance the project.
Construction Partners
Riverside County finished construction on three new libraries in recent years using an innovative private -public partnership (PPP) model. City staff began investigating PPP options to deliver this project. At present, the City and its partners are in a position to deliver this project without debt.
This limits the available PPP options.
One option staff intends to pursue is a design -build arrangement. In this arrangement, the developer handles all aspects of the project design and construction while offering cost and time delivery guarantees. This arrangement would provide protection against cost and time overruns.
Staff is researching policy and ordinance changes that would permit the City to issue a request for proposals (RFP) for design -build services.
Go -Forward Strategy
Staff is proposing that the City and its partners proceed with the project planning. Time does not allow the luxury of waiting until May or June to discover what the State will do. If the City waits until June, we will have lost momentum and five critical months of planning. Thus, staff proposes to continue working on the project and to start a lobbying effort to protect State funding.
While we recognize that the State may end up deciding to revoke the grant funding, thus killing the project, that is something that is ultimately out of our control. In the meantime, staff recommends that the City and our partners move forward with project planning until/unless we hear differently from the State, and that we make all reasonable efforts to bring this project to fruition.
02/12/2024 City Council Agenda 244
FISCAL IMPACT
The fiscal impact of recommendation #2 is the acceptance of a $1 million grant award. No other fiscal impacts. A complete project costing and request will be brought to the City Council at a future meeting.
Attachment(s):
1. San Bernardino County Board of Supervisors Funding Agreement
2. Letter to Governor Newsom Opposing any Proposal to Withdraw Library Grant Funds Approved By:
02/12/2024 City Council Agenda 245
ATTACHMENT 1
02/12/2024 City Council Agenda 246
CITY OF
February 12, 2024
Honorable Gavin Newsom
10210 Street, Suite 9000
Sacramento, CA 95814
Dear Governor Newsom,
I write to oppose any proposal, as part of the State's efforts to close the projected budget deficit, to withdraw grant funds previously awarded to the City of Yucaipa under the California State Library Building Forward program. My colleagues and I value and support responsible fiscal policies, including balanced budgets. However, we oppose reneging on commitments.
The California State Library awarded a $9 million matching grant to the City of Yucaipa in October, 2022. The City has partnered with The County of San Bernardino, the San Manuel Band of Mission Indians, and the Yucaipa-Calimesa Joint Unified School District, to deliver a project of regional significance and impact. A tremendous amount of work by all project partners has gone into finalizing the funding plan and securing the required $9 million in funding to match the State grant.
Every year, the Yucaipa Library serves more than 150,000 visitors, and the community has outgrown the facility. The current library was built in 1969. It does not meet current seismic standards or provide optimal ADA accessibility. The discovery of asbestos and mold has halted efforts to renovate the building. The building's footprint of 11,717 sq. ft. is inadequate to accommodate the demand created by the City's 55,000 residents, and its inefficient and outdated layout exacerbates the problem.
With an eye to improving access to education and resources, the City and its partners plan to locate the new library next to the local high school to better serve the community's youth. In addition, this location will be much better positioned to serve the City's disadvantaged population. The new library will replace the aging one that suffers from health and safety risks. It will offer ADA accessibility and reduce GHG emissions with energy -efficient design and construction. With increased and more efficiently planned space, we will be able to offer much needed group instruction and private study spaces.
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After more than a year of working diligently on making this dream a reality, the City has just recently secured the financial commitments needed to bring this project to fruition. We are now working with our partners to move into the design and construction phase.
The residents of Yucaipa were ecstatic when the State grant award was announced, and through the awarding of the grant they feel they were promised a new library. If the State now reneges on its commitment to provide the awarded $9 million in grant funding, this project will no longer be possible.
The residents of this community want and deserve a library that meets their needs. With the State's help, the City and our partners are working to deliver it. Please preserve grant funding already awarded to our community under the California State Library Building Forward program.
If you have further questions about this request or about the project, please contact Joe Pradetto, Director of Governmental Affairs, at jpradetto&3 ucaipa.gov, or 909-797-2489 ext. 244.
Sincerely,
Justin Beaver, Mayor
Bobby Duncan, Councilman
John Thorp, Councilman
JB:JPP
Chris Venable, Mayor Pro Tem
Matt Garner, Councilman
cc: Senator Ochoa Bogh, 23rd District, senator.bogh(d),senate.ca.gov Assemblyman Greg Wallis, 47th District, assemblymember.wallis&assembly.ca.gov Jason Gonsalves, Joe A. Gonsalves & Son, Jason(crgonsalvi.com 02/12/2024 City Council Agenda 248
ATTACHMENT 2
02/12/2024 City Council Agenda 249
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
SAN BERNARDINO
COUNTY
Board of Supervisors
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
Contract Number
SAP Number
Stephanie Maldonado
909-387-4378
City of Yucaipa
Chris Mann
909-797-2489
2/27/24-2/26/28
Not -to -Exceed $1,000,000
Not -to -Exceed $1,000,000
1023001000
WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contractual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide servicesto citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County's citizens; and
WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents; and,
WHEREAS, on September 21, 2021 (Item No. 18), the Board approved the Board of Supervisors Discretionary Fund — District Specific Priorities Program (Priorities Program) and allocated $4 million to each of the five supervisorial districts; and
WHEREAS, on November 16, 2021 (Item No. 33), the Board approved an additional allocation of $7 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, the City of Yucaipa and its surrounding communities have outgrown the existing Yucaipa Library, which was built in 1969; and
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WHEREAS, County desires to supported ucation and literacy by providing funding to the City of Yucaipa for the construction of a new Yucaipa Library (Project); and
WHEREAS, the Project proposes to build a new 18,000 square foot or larger library with modern Americans with Disabilities Act (ADA) accessibility to replace the existing Yucaipa Library; and WHEREAS, the County finds the City of Yucaipa (Contractor) qualified to provide oversight of the Project and construction of the Library; and
WHEREAS, the County would like the City of Yucaipa (Contractor) to provide these services; an WHEREAS, providing funding to Contractor serves the public purpose of providing for the education; health, safety and social service needs of County residents; and WHEREAS, the County residents of Yucaipaand the surrounding communities of the Third Districtwill be served by the construction of a new Yucaipa Library; and
WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below.
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:
A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor in providing education and literacy through the construction of a new library to meet the needs of the residents of Yucaipa and surrounding communities.
B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used to provide funding to the City of Yucaipa for the construction of a new 18,000 square foot or larger library with modern Americans with Disabilities Act (ADA) accessibility to replace the existing Yucaipa Library (Services).
B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to on - site inspection of the newly constructed Yucaipa Library for the duration of this Contract. Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, maybe relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.
B.3 Contractor shall provide the County all documentation regarding the Services covered by this Contract that the County requests from Contractor within 10 days of County's request unless a different time is agreed to by the County.
B.4 Contractor shall provide the County with documentation supporting completion of the Project within 60 days of Project completion.
B.5 Contractor agrees and acknowledges that if the construction of the new 18,000 square foot or larger library is not completed by February 26, 2028, the Contractor shall return all funds received from County under this Contract within 60 days of February 26, 2028. Completion of the library by Contractor shall be determined by Contractor filing a Notice of Completion forthe library with the County Recorder.
C. GENERAL CONTRACT REQUIREMENTS
CA Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.
C.2 Contract Amendments
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Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.
C.3 Contract Assignability
Withoutthe priorwritten consentof the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.
CA Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.
C.5 Attorney's Fees and Costs
If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third -party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractors sole expense, on all its personnel providing Services. If requested bythe County, Contractorshall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment -screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County's hiring criteria, in County's sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.
C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.
C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California C.9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, "County Policies"). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractorshall be responsible for 02/12/2024 City Council Agenda 252
the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.
County shall have the right to require Contractor's employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.
CA Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, exceptfor statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.
CA 1 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.
Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.
C.12 County Representative
The Third District Supervisor or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. Except as provided under Section D of this Contract, if this Contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.
CA Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings orgroundscaused bythe willful or negligentacts of Contractoror its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.
If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deductsuch costsfromany amounts due to the Contractor from the County, as determined at the County's sole discretion.
C.14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (Seethe following United States General Services Administration's System for Award Management website https://www.sam.aov) .
Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.
CA 5 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor's employees, while performing service for the County, on County property, or while using County equipment:
C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
02/12/2024 City Council Agenda 253
C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.
C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor's employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.
The Contractor shall inform all employees that are performing service forthe County on County property, or using County equipment, of the County's objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.
The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor's employees are determined by the County not to be in compliance with above.
C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.
CA 7 Employment Discrimination
During the term of the Contract, Contractor 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, genetic information, marital status, sex, gender, genderidentity, gender expression, sexual orientation, age, or military and veteran status.
Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
C.18 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post -consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.
To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County's environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.
C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.
C.20 Improper Consideration
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Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.
The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the Countywith respectto the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.
Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contractor breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.
To this effect, theyshall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
C.22 Legality and Severability
The parties' actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.
C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.
C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of "good faith" and "fair dealing".
C.26 Nondisclosure
Contractorshall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor's agent in connection with this Contract; or, (2) 02/12/2024 City Council Agenda 255
acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.
C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.
C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV —Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.
C.29 RESERVED.
C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.
C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of paymentsfor invoices submitted and/or termination of the Contract.
All records relating to the Contractor's personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.
C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.
C.33 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor's relationship with County may be made or used without prior written approval of the County.
C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County. 02/12/2024 City Council Agenda 256
C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.
C.36 Subcontracting
Contractor shall obtain County's written consent, which County maywithhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County's request, Contractor shall provide information regarding the subcontractor's qualifications and a listing of a subcontractor's key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors underthe terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.
For any subcontractor, Contractor shall:
C.36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
C.36.2 Ensure that the subcontractor follows County's reporting formats and procedures as specified by County.
C.36.3 Include in the subcontractor's subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.
Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibitor restrict such Subcontractors from entering into direct Contracts with County.
C.37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerningthe Goods orServices provided underthis Contract is served upon Contractor or County, such party agreesto notifythe other partyin the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.
C.38 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination.
Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.
County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any reason the timely completion of the scope of work described in Section A or B under this Contract is rendered improbable, infeasible or impossible.
Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds. 02/12/2024 City Council Agenda 257
C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.
C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought byanythird partyand filed in anothervenue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.
C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposesthat are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.
Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines aconflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, maybe disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor's officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.
C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.
The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Executive Officer or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.
C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.
Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.
Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directlyor indirectly from the conduct of the firm's business, orwhetherthe firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the 02/12/2024 City Council Agenda 258
Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.
In addition, the Contractor is required to disclose whetherthe firm, oranyof its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. "Legal proceedings" means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.
For purposes of this provision "key employees" includes any individuals providing direct service to the County. "Key employees" do not include clerical personnel providing service at the firm's offices or locations.
C.44 Copyright
County shall have a royalty -free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part underthisContractshall besubjectto private use, copyrightor patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.
C.45 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.
C.46 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.
Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205.
C.47 Prevailing Wage Laws
By its execution of this Contract, Contractor certifies that it 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. Section 1720 of the California Labor Code states in part: "For purposes 02/12/2024 City Council Agenda 259
of this paragraph, `construction' includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work..." If the Services/Scope of Work are being performed as part of an applicable "public works" or"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations. Contractor shall defend, indemnify and hold the County, 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 Prevailing Wage Laws. See Attachment A, which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws. Contractor shall comply with all applicable terms and conditions in Attachment A. The applicable general prevailing wage determinations are on file with the County and are available to any interested party on request.
Contractor shall post a copy of the applicable prevailing wage determinations at the job site.
D. TERM OF CONTRACT
The services to be provided by Contractor shall commence on February 27, 2024, and shall be completed by February 26, 2028, but may be terminated earlier in accordance with provisions of this Contract.
The County Chief Executive Officer, at the direction of the Third District Supervisor, may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract and may extend the completion deadline stated in Section B.5, under the following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor;
C. Will not change the project goals or scope of services; d. Are in the best interests of County and Contractor in performing the scope of services under this Contract; and
e. Do not alter the amount of compensation under this Contract.
E. RESERVED.
F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $1,000,000 and shall be subject to availability of other funds to the County. Contractor agrees to repay the $1,000,000 to the County if construction is not completed as stated in Section B.5 or by the extended deadline, if any, as provided under Section D. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor's services and expenses incurred in the performance hereof, including travel and per diem.
F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, County shall disburse compensation and monitor the Contractor's performance in satisfying the scope of work obligations under the terms of this Contract.
Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor's invoice or the resolution of any billing dispute. Contractor shall email County the Contractor's invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County -Issued Purchase Order (if applicable), the text "Final Invoice", amount due, in a format 02/12/2024 City Council Agenda 260
acceptable to the County for services performed under this Contract. Contractor shall email invoice to County Administrative Office -Finance and Administration (County Finance) and shall include in the Subject Line: BOS — ENTITY NAME — PROJECT NAME — CONTRACT NUMBER — PO # [PURCHASE ORDER NUMBER]" (i.e. BOS-SAN BERNARDINO COUNTY -EDUCATION PROGRAM — 21-NNN — PO 4100NNNNNN).
Contractor shall submit a final expenditure report documented with "audit ready" supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County's approval email to Contractor, quotes, copy(ies)of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractorfor this project, proof of payment, etc., to County Finance. Email to County Finance shall include in the Subject Line: BOS — ENTITY NAME — PROJECT NAME — CONTRACT NUMBER— PO # [PURCHASE ORDER NUMBER]" -SUPPORTIVE DOCUMENTS.
F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor's designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.
FA County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.
F.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.
F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.
Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposesof obtaining funds from another revenue source without prior written approval of the County.
F.7 Contractor shall adhere to the County's Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.
F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor's sole expense and shall not be charged as a cost under this Contract.
FA If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the Scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
GA Indemnification
02/12/2024 City Council Agenda 261
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contractf rom any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited bylaw. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County's "active" as well as "passive" negligence but does not apply to the County's "sole negligence" or "willful misconduct" within the meaning of Civil Code section 2782.
G.2 Additional Insured
All policies, except for Worker's Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.
All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim.
The Contractor hereby waives all rights of subrogation against the County.
GA Policies Primary and Non -Contributory
All policies required herein are to be primary and non-contributory with any insurance or self- insurance programs carried or administered by the County.
G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meetthese requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractorand the County or between the County and any other insured or additional insured under the policy.
G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance fromthe time Contractor commences performance of services hereunderuntil the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VI1".
G.8 Deductibles and Self -insured Retention
Any and all deductibles or self -insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.
02/12/2024 City Council Agenda 262
GA Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractoror County payments to the Contractor will be reduced to pay for County purchased insurance.
G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.
If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
GA1.1 Workers' Compensation/Employer's Liability —A program of Workers' Compensation insurance or a state -approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractorand all risks to such persons underthis contract.
If Contractor has no employees, it may certify or warrant to the Countythat it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Director of Risk Management.
With respectto Contractors that are non-profit corporations organized underCalifornia or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance.
G.11.2 Commercial/General Liability Insurance —The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less 02/12/2024 City Council Agenda 263
than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.
GA 1.3 Automobile Liability Insurance — Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non -owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000)for bodily injuryand propertydamage, peroccurrence.
If the Contractor is transporting one or more non -employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.
If the Contractor owns no autos, a non -owned auto endorsement to the General Liability policy described above is acceptable.
G.11.4 Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.
H.2 All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.
I. CORRECTION OF PERFORMANCE DEFICIENCIES
1.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.
1.2 In the event of a non -cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or 02/12/2024 City Council Agenda 264
d. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item "b" of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.
J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
CAO — Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of Yucaipa
34272 Yucaipa Blvd
Yucaipa, CA 92399
Attn: Chris Mann, City Manager
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.
L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.
The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request. 02/12/2024 City Council Agenda 265
IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.
SAN BERNARDINO COUNTY
Dawn Rowe, Chair, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
By
FOR COUNTY USE ONLY
CITY OF YUCAIPA
(Print or type name of corporation, company, contractor, etc.) By No -
(Authorized signature - sign in blue ink)
Name Chris Mann
(Print or type name of person signing contract)
Title City Manager
(Print or Type)
Dated:
Address 34272 Yucaipa Blvd
Yucaipa, CA 92399
Approved as to Legal Form Reviewed for Contract Compliance Julie Surber, Principal Assistant County
Counsel
Date Date
Reviewed/Approved by Department
Date
02/12/2024 City Council Agenda
ATTACHMENT A
PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:
1. Determination of Prevailing Rates:
Pursuant to Labor Code sections 1770, et seq., the County has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the California Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at www.dir.ca.gov . The wage rate for any classification not listed, but which maybe required to execute the Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall comply with the requirements of Labor Code sections 1773, et seq.
2. Payment of Prevailing Rates
Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor, and such worker.
3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work. Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar d ay, or portion thereof, for which each workerwas paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
4. Ineligible Contractors:
Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the D IR website at http://www.dir.ca.� 4ov/Public-Works/PubhcWorks.htmL Any contract 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, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County. The Contractor shall be responsible for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work.
5. Payroll Records:
a. Pursuant to California Labor Code section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per d iem wages paid to each journeyman, apprentice, wo rkero r other employee employed bythem in connection with the Scope of Work.
The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; ii. A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County, the Division of Labor Standards Enforcement of the DIR; iii. A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the requestwas made; the public shall not be given access to such records at the principal office of the Contractor; 02/12/2024 City Council Agenda 267
iv. The Contractors hall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request; and V. Copies provided to the public, bythe County orthe Division of Labor Standards Enforcement shall be marked orobliterated in such a manneras to prevent disclosure of an ind ividual's name, address and social security number. The name and address of the Contractor or any subcontractor, performing apart of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address. b. The Contractor shall have ten (10) days from receipt of the written notice specifying in what respects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one -hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor.
6. Limits on Hours of Work:
Pursuant to California Labor Code section 1810, eight (8) hours of labors hal I constitute a legal day's work.
Pursuant to California Labor Code section 1811, the time of service of any worker employed at anytime by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendarweek, except as provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work performed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1'/2) times the basic rate of pay.
7. Penalty for Excess Hours:
The Contractor shall pay to the County a penalty of twenty-five dollars ($25.00) for each worker employed on the Scope of Work bythe Contractor or 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 forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed bythe Contractor is not less than one and one-half (1'/2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
8. Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) Requirements:
a. Contractor shall comply with Senate Bill 854 and Senate Bill 96. The requirements include, but are not limited to, the following:
i. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a). ii. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. iii. This project is subject to compliance monitoring and enforcement by the DIR. iv. As required bythe DIR, Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR.
V. Contractors and all subcontractors must submit certified payroll records online to the Labor Commissioner for all public works projects.
1) The certified payroll must be submitted at least monthly to the Labor Commissioner. 2) The County reserves the right to require Contractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner. 3) The certified payroll records must be in a format prescribed bythe Labor Commissioner. vi. Registration with the DIRand the submission of certif ied payroll recordsto the LaborCommissioner are not required if the public works project is $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work.
b. Labor Code section 1725.5 states the following:
"A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, "contractor" includes a subcontractor as defined by Section 1722.1. 02/12/2024 City Council Agenda 268
(a) To qualify for registration under this section, a contractor shall do all of the following:
(1) (A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualifyfor registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fees hal I be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees maybe adjusted no more than annually by the director to support the costs specified in Section 1771.3.
(B) Beginning June 1, 2019, a contractor may registeror renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subjectto prevailing wage requirements otherthan a contractorwho is separately registered underthis section. Coverage may be evidenced by a current and valid certificate of workers' compensation insurance orcertification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractordoes not have any delinquent Iiabilityto an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any otherfederal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c)A contractorwho failsto paythe renewal fee required underparagraph (1) of subdivision (a) on orbefore the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contractfor publicwork until once again registered pursuanttothis section. If thefailure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d)If, after body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuantto Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a publicworkthat portionof theworkthat the determination ordecision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Directorof Industrial Relations pursuantto Section 1773.5oradecision by court that the contractwas for public work as defined in this chapter, the contractor and any subcontractors are registered underthis sectionorare replaced by a contractor or subcontractors who are registered under this section. 02/12/2024 City Council Agenda 269
(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or afterApril 1, 2015, and to anywork performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work."
c. Labor Code section 1771.1 states the following:
"(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subjectto the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for publicwork, as defined in this chapter, unless currently registered and qualified to perform public Work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform publicworkpursuantto Section 1725.5 at the time the contract is awarded.
(b) Notice of the req uirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be g rounds for f iling a bid protest or grounds f or considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractorto be registered to perform publicwork as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code forthe contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissionerorhis orherdesigneedeterminesthat a co ntractoro r subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In add ition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unreg istered lower tier subcontractor performs work in violation of the reg istration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a)ofSection 1775 when determining the severityof the violation and what penalty to assess, and may waive the penalty fora first time violation that was unintentional and did not hinderthe Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. 02/12/2024 City Council Agenda 270
(4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuantto subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Directorof Industrial Relations, which govern proceedings for review of civil wageand penalty assessments and the withholding of contract payments underArticle 1 (commencingwith Section 1720) and Article 2 (commencing with Section 1770), shall apply. 0)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the orderwith the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretaryof State orthe Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on filewith the Secretary of State orthe Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.
(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall bepaidat his or her regular hourly prevailing wage rate by that employerfor any hours the employee would have worked butforthe work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractorto observea stop order issued and served upon him or her pursuant to subdivision Q) is g uilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(1) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work."
d. Labor Code section 1771.4 states the following:
"a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call forbids and contract documents shall specify that the project is subjectto compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding bodyshall postorrequire the prime contractorto postjob site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
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(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
(b) The Labor Commissioner may exempt a publicworks project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all publicworks projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.
(c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016."
B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS
1. State Public Works Apprenticeship Requirements:
a. The Contractor is responsible for compliance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 — 230.2 for all apprenticeable occupations (denoted with V" symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor's requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship committees; (2) pay training fund contributions for each apprenticeable hour employed on the Contract; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hourfor each fivejourneyman hours by completion of Contract work (unless an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices.
b. Any apprentices employed to perform any of the Scope of Work shall be paid the standard wage to apprentices underthe regulations of the craft ortrade forwhich such apprentice is employed, and such individual shall be employed only forthe work of the craft or trade to which such individual is registered.
Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed forthe Scope of Work. The employmentand training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training.
2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140):
i. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, mustsubmit contract award information when performing on a California publicworks project.
ii. The DAS-140 is a notification "announcement" of the Contractor's participation on a publicworks project —it is not a request for the dispatch of an apprentice. iii. Contractors shall submitthe contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work. iv. Contractors who are already approved to train apprentices (i.e. check "Box 1" on the DAS-140) shall only be required to submit the form to their approved program.
V. Contractors who are NOT approved to train apprentices (i.e. those that check either "Box 2" or "Box 3" on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see 02/12/2024 City Council Agenda 272
http://www.dir.ca.gov/Databases/das/pwaddrstart.asp .
b. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contractor performing work in an "apprenticeable" craft must employ one (1) hour of apprentice work for every five (5) hours performed by ajourneyman.
This ratio shall be met prior to the Contractor's completion of work on the project. "Apprenticeable" crafts are denoted with a pound symbol V" in front of the craft name on the prevailing wage determination.
ii. All Contractors who do not fall within an exemption category(see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required.
iii. Contractors may use the "DAS-142" form for making a request for the dispatch of an apprentice. iv. Contractors who are participating in an approved apprenticeship training program and who did riot receive sufficient number of apprentices from their initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement.
V. Contractor should maintain and submit proof (when requested) of its DAS-142 submittal to the apprenticeship committees (e.g. faxtransmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
vi. Only "registered" apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1). c. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts on publicworks projects, must make training fund contributions in the amount established in the prevailing wage rate publication forjourneymen and apprentices.
ii. Contractors may use the "CAC-2" form for submittal of their training fund contributions. iii. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.
iv. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month.
V. The "training" contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.
3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply with California apprenticeship requirements. These types of contractors do not need to submit a DAS-140, DAS-142, make training fund contributions, or utilize apprentices:
i. When the Contractor holds a sole proprietor license ("Owner -Operator") and no workers were employed by the Contractor. In otherwords, the contractor performed the entire work from start to finish and worked alone.
ii. Contractors performing in non-apprenticeable crafts. "Apprenticeable" crafts are denoted with a pound symbol V" in front of the craft name on the prevailing wage determination. iii. When the Contractor has a direct contract with the Public Agency that is under $30,000. iv. When the project is 100% federally -funded and the funding of the project does not contain any city, county, and/orstate monies (unless the project is administered bya state agency in which case the apprenticeship requirements apply).
V. When the project is a private project not covered by the definition of public works as found in Labor Code section 1720.
4. Exemption from Apprenticeship Rations:
a. The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three-month period in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1-to-5 in relation to journeymen; or
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iii. The Apprenticeable Craft or Trade is replacing at least one -thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or iv. If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. b. When such exemptions from the 1-to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.
5. Contractor's Compliance:
a. The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusivelythat of the Contractor. All decisionsof the Joint Apprenticeship Committee(s) underthis Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner. 02/12/2024 City Council Agenda 274
Agenda Item No. 19
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Chris Mann, City Manager
Cory Gorham, Management Analyst
FOR: City Council Meeting of February 12, 2024
SUBJECT: Prioritization of Program Year 2024-2025 Community Development Block Grant Projects/Programs
RECOMMENDATION:
That the City Council conduct a public hearing and prioritize eligible project proposals for submission to the San Bernardino County Board of Supervisors for Community Development Block Grant funding consideration.
BACKGROUND:
The City of Yucaipa, through a cooperative agreement with the County of San Bernardino, participates in the federal Community Development Block Grant (CDBG) funding program. On an annual basis, the City of Yucaipa receives an allocation of funds from CDBG, which are passed - through San Bernardino County, and can be used on eligible construction projects and public service programs. The purpose of this grant program is to address needs identified within the community and to assist specific target areas that qualify as low-income areas. Eligible target areas are those portions of the community that meet the low to moderate income level criteria, as determined by the U.S. Department of Housing and Urban Development (HUD). These resources primarily fund capital improvements within eligible target areas. In addition, up to 15% of the total County -wide allocation received may be spent on public service programs that primarily benefit residents that qualify pursuant to the low-income criteria established by HUD.
Every three years the County is required to re -qualify as an Urban County under the CDBG program and it is through this process that the annual CDBG entitlement funds are established for participating cities, including the City of Yucaipa. Every three years since 2014, the City of Yucaipa has been identified as a "Metropolitan City" per HUD guidelines, which includes a population figure in an amount greater than 50,000, and therefore is able to participate directly with HUD as an Entitlement City, should the City choose to do so. In 2014, 2017, and again in 2020, the City Council elected to continue its participation with the County. Staff will be reevaluating this arrangement and will in the future make a recommendation to City Council as to 02/12/2024 City Council Agenda 275
whether the City should continue as a participant in this cooperative agreement with the County or choose to interact directly with HUD as an Entitlement City, which would bring the management of this program "in-house." It is anticipated that the County will be sending an Intent to Continue to Participate certificate to the City early this year for the three-year period starting in 2025.
Historically, the City has chosen to fund construction projects for improvements to City facilities for the elimination of barriers pursuant to the Americans with Disabilities Act (ADA), and to fund infrastructure improvements enhancing roadways, including storm drains, curbs, gutters and sidewalks. In addition to the eligible City project proposals, not -for -profit community -based organizations, serving various segments of Yucaipa, have also historically submitted project or program proposals in anticipation of funding. Annually, the City Council conducts a public hearing to provide an opportunity for community members and organizations to communicate with the City Council and to present and discuss requests for funding consideration regarding the City's annual CDBG allocation. At the conclusion of the public hearing, Council will be asked to prioritize the proposals for funding. The funding approved by Council will be finalized as a function of the Fiscal Year 2024-2025 (FY25) budget process.
DISCUSSION:
Based on the most recent estimate from the County, the projected CDBG allocation for the City of Yucaipa for Program Year 2024-25 (PY25) is expected to be $235,637. Regularly, the San Bernardino County Department of Community Development and Housing (CDH) updates its estimates used in determining the proportional share of qualifying eligibility factors among Cooperative Agencies in order to determine the level of funding to be allocable to each agency.
While the actual allocation amount is not likely to change significantly from this preliminary figure, if additional funds become available, staff will return to Council with a recommendation for their disposition, as appropriate.
There are primarily two project classifications considered for CDBG funding. These include: 1) public service programs, and 2) construction projects. HUD restricts funding for public service programs to 15% of the total annual allocation. As a result, Yucaipa's public service programs will be subject to a limit of $35,346 or 15% of Yucaipa's anticipated allocation of $235,637. If Council allocates the entire 15% to public service programs, then the remaining amount of $200,291 will be available for construction projects. While 15% may be spent on public service programs, there is no requirement to spend any amount on public service programs. As a result, the entire annual allocation may be used to fund construction projects.
PY25 Project Proposals
The Notice of Funding Availability (NOFA) for PY25 was advertised by CDH, and it was also posted on the City website. Funding applications have been received by CDH, and CDH has reviewed the proposals submitted in order to determine their funding eligibility. Attachment 2 lists five programs/projects deemed eligible by CDH, including one City initiated construction project proposal, one City initiated public service program proposal and three public service program proposals submitted by outside non-profit organizations, each of which are discussed later in this report.