Agenda packet — Yucaipa City Council, February 26, 2024

AGENDA
City Council
Successor Agency · Housing Authority
February 26, 2024
City Hall - City Council Chambers
34272 Yucaipa Blvd., Yucaipa, California

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 [email protected]. 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 https://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 Justin Beaver, Mayor
Chris Venable, Mayor Pro Tem
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember

Chris Mann, City Manager
Steven Graham, City Attorney
Ana V. Sauseda, City Clerk

02/26/2024 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 - 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
• Yucapture Yucaipa Photo Contest

PUBLIC SAFETY UPDATE
• Police
• Fire
• Code Enforcement

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.

02/26/2024 City Council Agenda 2

1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF FEBRUARY 12, 2024.

RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of February 12, 2024.

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: AWARD OF CONSTRUCTION CONTRACT - TRAFFIC SIGNAL

INSTALLATION FOR THE OAK GLEN ROAD/LIVE OAK CANYON ROAD WIDENING PROJECT, COLORADO STREET TO OUTER HWY-10 SOUTH 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, Belco Elecnor of Chino, CA, in the amount of $314,888 for the Traffic Signal at Oak Glen Road and Colorado Street – Project No. 11089-3 (Project); and

2. Approve the amounts of $30,000 for construction contract contingency and $23,000 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $367,888; 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.

5. SUBJECT: AWARD OF CONSTRUCTION CONTRACT – AVENUE E & 15TH STREET SIDEWALKS PROJECT, PHASE 2
RECOMMENDATION: That the City Council:

1. Amend the FY 2023-24 Capital Improvement Program by approving the amounts of $270,735 for the 15th Street Sidewalks ATP Project – Project No. 11184, $27,000 for construction contract contingency and $21,000 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $318,735; and

2. Accept State Active Transportation Grant award in the amount of $320,000; and

02/26/2024 City Council Agenda 3

3. 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 of Calimesa, CA, in the amount of $270,735 for the 15th Street Sidewalks ATP Project – Project No. 11184 (Project); and

4. Approve the plans and specifications prepared for this Project.

DISCUSSION ITEMS

6. SUBJECT: YOUTH ADVISORY COMMITTEE APPOINTMENT
RECOMMENDATION: That the City Council:

1. Review the attached Application for the At-Large Membership to the Youth Advisory Committee (YAC); and

2. Vote on the appointment of the nominated applicant.

7. 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.

8. SUBJECT: ADOPTION OF ORDINANCE RELATED TO CAMPAIGN

CONTRIBUTION LIMITS
RECOMMENDATION: That the City Council:

1. Approve the Introduction and First Reading of Ordinance No. 440, an Ordinance of the City Council of the City of Yucaipa, California, Adding Section 1.08.070 to the Yucaipa Municipal Code Establishing No Campaign Contribution Limits; or

2. Approve the Introduction and First Reading of Ordinance No. 443, an Ordinance of the City Council of the City of Yucaipa, California, Adding Section 1.08.070 to the Yucaipa Municipal Code Related to Campaign Contribution Limits.

9. SUBJECT: FISCAL YEAR 2023-24 MID-YEAR BUDGET UPDATE RECOMMENDATION: That the City Council:

1. Review the Fiscal Year 2023-24 Mid-Year Budget Update; and

2. Amend the Adopted FY 2023-24 General Fund Budget by increasing budgeted expenditures by $1,557,600; and increasing budgeted revenues and transfer-ins by $1,169,000; and

3. Amend the Adopted FY 2023-24 Fire Fund Budget by increasing budgeted expenditures by $109,000; and
02/26/2024 City Council Agenda 4

4. Amend the Adopted Capital Improvement Plan by increasing budgeted expenditures by $1,135,000 and increasing budgeted revenues by $635,000, as well as corresponding technical transfers; and

5. Approve the procurements with Best Contracting Services, Inc. (senior center roof) and RDO Equipment Company (Chipper) in accordance with the City’s Purchasing Policy; and

6. Approve the procurements with Sunstate Equipment Rental (skip loader rental), Quinn Equipment (skip loader purchase), Johnson Equipment (Battalion Chief truck) and Express Events (STARS programming) and dispense with competitive bid procedures for each as per Section 2.24.060 of the City of Yucaipa Municipal Code.

10. SUBJECT: FISCAL YEAR 2024-25 BUDGET PREPARATION
RECOMMENDATION: That the City Council receive an update on the budget preparation for Fiscal Year 2024-25.

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.

11. SUBJECT: GATEWAY COMMERCIAL PLAZA (CASE NO. 23-094/CUP/ARC/DA);

A CONDITIONAL USE PERMIT AND ARCHITECTURAL REVIEW FOR THE

FINAL PHASE OF THE YUCAIPA GATEWAY PROJECT THAT INCLUDES THE DEVELOPMENT OF A 1,500 SQUARE FOOT DRIVE-THROUGH COFFEE SHOP AND A 2,492 SQUARE FOOT DRIVE-THROUGH RESTAURANT ON
APPROXIMATELY 1.95 ACRES, THE CONTINUATION OF THE YUCAIPA

GATEWAY PROJECT LOCATED AT THE SOUTHWEST CORNER OF OAK GLEN ROAD AND 14TH STREET. THE APPLICANT ALSO PROPOSES AN AMENDED

DEVELOPMENT AGREEMENT WITH THE CITY TO REFLECT THE CURRENT PROJECT AND UPDATES. APN: 0301-182-11 AND 12, AND 0301-183-18, 19, 20 AND 21

02/26/2024 City Council Agenda 5

RECOMMENDATION: That the City Council conduct a public hearing and consider the Planning Commission’s recommendation to:

1. Approve Conditional Use Permit No. 23-094, and if acceptable, the Architectural Design and conceptual landscaping, subject to the Conditions of Approval as contained in the Agenda Report; and

2. Adopt the Findings as contained in the Agenda Report; and

3. Approve the introduction and first reading of Ordinance No. 442, an Ordinance of the City Council of the City of Yucaipa, California, rescinding Ordinance No. 335 and adopting an Amended Development Agreement between the City of Yucaipa and ACAA, a Limited Liability Partnership, to enable the continued development of a unified commercial center at the southwest corner of Oak Glen Road and 14th Street, with the new agreement memorializing changes to the site design and utility improvement responsibility and the amended development agreement as part of the proposed project; and

4. Determine that the Project does not require any additional environmental review pursuant to Section 15162(a) of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended; and

5. Direct Staff to file a Notice of Determination.

COUNCILMEMBER REPORTS

ANNOUNCEMENTS

ADJOURNMENT

02/26/2024 City Council Agenda 6

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 02/23/2024, 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

02/26/2024 City Council Agenda 7

Yucaipa Police Public Safety Report January 2024

3448 3549
4301
2000
2500
3000
3500
4000
4500
5000
Nov Dec Jan

CALLS FOR SERVICE
•CALLS FOR SERVICE INCREASED BY 752 IN JANUARY.
•4.5-MINUTE AVERAGE RESPONSE

TIME TO EMERGENCY CALLS IN THE
MONTH OF JANUARY.

0 1
0 1
11 20
4 0
HomicideRapeRobberyAggravated AssaultBurglaryLarceny / TheftMotor Vehicle Theft PART 1 CRIMES
JANUARY 2024
•HOMICIDE: 0
•RAPE: 1
•ROBBERY: 0
•AGGRAVATED ASSAULT: 2
•BURGLARY: 11
•LARCENY / THEFT: 20
•MOTOR VEHICLE THEFT: 4
•ARSON: 0

ARRESTS
•JANUARY - OUT OF 132 ARRESTS 109

WERE ADULT BOOKINGS INTO ONE OF
OUR CORRECTIONAL FACILITIES.
•MOST COMMON ARRESTS WERE

NARCOTIC RELATED OFFENSES AND
WARRANT ARRESTS.
•8 DUI ARRESTS
131
110
132
0 20
40 60
80 100
120
140
160
180
200
Nov Dec Jan

TRAFFIC ENFORCEMENT
•285 TRAFFIC CITATIONS WERE ISSUED
IN THE MONTH OF JANUARY.
•22 TRAFFIC COLLISION
INVESTIGATIONS IN JANUARY.
•1 FATAL TRAFFIC ACCIDENT
•92 EXTRA PATROLS IN PROBLEM
AREAS.
•4 OTS OPERATIONS (PCF/DUI/PED)
200
175
285
31 33 220
50 100
150
200
250
300
Nov Dec Jan

Solution Oriented Policing (SOP) Team
•149 SELF-INITIATED CALLS/CONTACTS MADE IN THE COMMUNITY. •9 SUBJECTS ACCEPTED SOME FORM OF ASSISTANCE.
•11 ARRESTS.
•38 SECURITY CHECKS AT RED-TAGGED OR VACANT STRUCTURES. •CONTINUED COLLABORATION WITH LOCAL BUSINESS OWNERS AND MANAGERS TO IDENTIFY AND ADDRESS PROBLEM AREAS.
•REVIVING NEIGHBORHOOD WATCH AND CRIME-FREE MULTI-HOUSING PROGRAMS.

CITY OF

YUCAIPAFIRE

DEPARTMENT MONTHLY
REPORT JANUARY 2024

CITYWIDE CALLS

FOR SERVICE IN JANUARY -
638 •STATION 1: 182
•STATION 2: 158
•STATION 3: 298
491
26 63376
37 1410
251
7 2
Medical Aid False Alarm
Fire Menace Standby Haz Mat
Investigation No Aid
Other Fire Public Service Assist
Ringing Alarm Structure Fire
Traffic Collision Vegetation Fire
Vehicle Fire Assist
YTD CALLS FOR SERVICE
DEPARTMENT WIDE- 638
CALLS FOR SERVICE DECREASED
10% SINCE DECEMBER 2023
CALLS FOR SERVICE DECREASED 6%
SINCE JANUARY 2023

SIGNIFICANT INCIDENTS
•RV STRUCTURE- FIRE

BRYANT STREET
•GAS LEAK- VINYARD
AVE
•HIKER RESCUE -

ZANJA PEAK TRAIL
•VEHICLE VS.

MOTORCYCLE

TRAINING

SWAT EMS TRAINING

EF RECOVERY
CHIEF MALINOWSKI TYPE 1 PIO

PARAMEDIC PRECEPTING

CONTINUING PROJECTS
WILDWOOD CEQA
EMS RFP WORKSHOPS
VHF RADIOS

QUESTIONS?

TO:

FROM:

FOR:

SUBJECT:

Agenda ltem No

CITYOF YUCAIPA

AGENDA REPORT
Honorable Mayor and City Council
Ana V. Sauseda, Director of General Services/City Clerk City Council Meeting of February 26,2024
Approve the City Council/Successor Agency/Flousing Authority Minutes of February 12,2024
RECOMMENDATION:

That the City Council approve the City Council/Successor Agency/Flousing Authority minutes of February 12,2024.

Attachments:

1. Regular Meeting Minutes - 0211212024
Approved By:G
1 02/26/2024 City Council Agenda 8

ATTACHMENT 1
02/26/2024 City Council Agenda 9

City of Yucaipa
City Council/Successor Agency/tlousing Authority Minutes Regular Meeting of February 12, 2024
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
CLOSED SFSSION - 5:

CAI I TO ORDER
Mayor Beaver called the Closed Session meeting to order at 5:00 p.m.

CITY COUNCTT ROT T C
PRESENT:Justin Beaver, Mayor
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
ABSENT: Chris Venable, Mayor Pro Tem

PURI IC COMMFNT
There were no comments.

CTOSED SESSTON - 5:

A. CONFERENCE WITH LEGAL COUNSEL - CONFERENCE WITH REAL PROPERTY

NEGOTIATORS
Property: APN 029932 I 85
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 (l) of subdivision (d) of Section 54956.9)
Ana Sauseda v. George Sardeson, et al
San Bernardino Superior Court Case No. CIVSB23l0343
The City Council entered Closed Session at 5:00 p.m.

City Council Minutes Page I ofll
02/26/2024 City Council Agenda 10

OPEN SESSION - 6:00

CALL TO ORDER
Mayor Beaver called to order the Regular Meeting of the City Council/Successor Agency/Housing Authority at 6:01 p.m. in honor of fallen Detective Jeremiah MacKay and asked for a moment of silence.

PLEDGE OF AI I FGI NCF
Pledge of Allegiance was led by Captain Walker.

CITY COUNCIL ROLI C
PRESENT:Justin Beaver, Mayor
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
ABSENT: Chris Venable, Mayor Pro Tem
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 REP
City Attorney Steven Graham indicated that there was no reportable action on Item A. Closed Session Item B was continued to the next City Council Meeting by consensus.

CHANGES TO THE AGENDA
City Manager Chris Mann indicated that staff would recommend the Council continue ltem No. l6 to the next City Council meeting at the request of Mayor Pro Tem Venable.

SPECIAL PRESENTAT
Krista Dunlop was unavailable to attend the City Council meeting to present the YAPS Dog of the Month.

Recognition of City Leaders Working Towards Health was presented to City Attorney Graham on behalf of Dr. Hansen Wang.

Update on the Oriental Fruit Fly and Associated Quarantines was presented by Kirsten Skala of the California Department of Food and Agriculture and San Bernardino Agricultural Commissioner Brady Gergovich.

City Council Minutes Page2ofll
02/26/2024 City Council Agenda 11

1 PUBLIC COMMFNT
The following members of the public spoke
o Teri Boone
o Kathy Sellers
o Lee Kaberlein
o Colleen Wang
. Hansen Wang
o George Sardeson
o Lloyd Rekstad

CONSENT AGENDA
Mayor Beaver asked if there were any Consent Agenda items to be removed for discussion. City Clerk Sauseda asked that the City Council remove Item 9 for separate discussion.

SUBJECI: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF FEBRUARY 5, 2024, JANUARY 22, 2024, AND THE CANCELLED MEETING MTNUTES 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
SUB'IECL. EXTENDING THE EXTSTENCE 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.SUB'IECI: 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. SUBJE]CT: MONTHLY TREASURER'S REPORT DECEMBER2O23
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for December 2023.

3. City Council Minutes Page3ofll
02/26/2024 City Council Agenda 12

6. 7

8. SUB,IECI: AWARD OF CONTRACT - 2ND STREET AND 3RD STREET AT AVENUE E ROUNDABOUTS HARDSCAPE PHASE II PROJECT _ PROJECT NO. ll165
RECOMMENDATION: That the City Council
l. 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. I I165 (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.

SUB,IECI: ACCEPTANCE OF CONTRACT WORK _ 7TH STREET PICKLEBALL

COURTS CONCRETE FOOTINGS AND STEEL STRUCTURE/COVER
INSTALLATION PROJECT _ PROJECT NO. I I I5O-2
RECOMMENDATION: That the City Council:
l. Accept the contract work completed by Three Peaks Corporation in the amount of S187,031.52 for the 7th Street Pickleball Courts - Concrete Footings and Steel Structure/Cover Installation Project - Project No. I I150-2 (Project); and

2. Authorize the recordation of the Notice of Completion for the Project; and

3. Accept the as-built plans for the Project.

SUBJECT: ACCEPTANCE OF CONTRACT WORK _ CITY YARD PAVING AND HARDSCAPE PROJECT _ PROJECT NO. I I I9O
RECOMMENDATION: That the City Council
l. 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. lll90 (Project); and

2. Authorize the recordation of the Notice of Completion for the Project; and

3. Accept the as-built plans for the Project.

City Council Minutes Page4ofll
02/26/2024 City Council Agenda 13

10.SIIB,IECT. ACCEPTANCE OF CONTRACT WORK INSTALLATION OF ASPHALT SPEED HUMPS ON ADAMS STREET PROJECT - PROJECT NO. I I I99 RECOMMENDATION: That the City Council
l. 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. I I199 and;

2. Authorize the recordation of the Notice of Completion for the Project.

SUBJECI: PURCHASE AUTHORIZATION _ TRAFFIC SIGNAL EQUIPMENT FOR

THE OAK GLEN ROAD/LIVE OAK CANYON ROAD WIDENING PROJECT, COLORADO STREET TO OUTER HWY.IO SOUTH

11. 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- l0 South Project.
t2 SIIB,IEIC.T 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.

ACfIOLI: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4.0.1, (MAYOR PRO TEM VENABLE wAs ABSENT) TO APPROVE CONSENT AGENDA rTEMS NO. I THROUGH 12 WITH THE EXCEPTION OF ITEM 9.

ITEM REMOVED FORDIffi

9. SUB,IEICI: ACCEPTANCE OF CONTRACT WORK - 202212023 PAVEMENT REHABILITATION PROGRAM - PROJECT NO. I I 186
RECOMMENDATION: That the City Council:
l. Accept the contract work completed by Matich Corporation in the amount of $1,348,273 for the 202212023 Pavement Rehabilitation Program - Project No. I I186; and

2. Authorize the recordation of the Notice of Completion for the 202212023 Pavement Rehabilitation Program.

City Council Minutes Page5ofll
02/26/2024 City Council Agenda 14

13 Assistant Engineer Landon Kern presented the staff report and announced that there was a revision to the dollar amount which happened after the posting of the agenda.

ACIION: MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BEAVER, CARRIED 4-0-1, (MAYOR pRO TEM VENABLE WAS ABSENT) TO APPROVE CONSENT AGENDA ITEMS NO. 9 AS AMENDED.

DISCUSSION ITEMS
SUB,IECI: RESOLUTION NO. 2024-02, APPROVING THE INFRASTRUCTURE

FINANCTNG PLAN (IFP) AND ALLOCATING A PORTION OF THE CTTY'S

INCREMENTAL PROPERTY TAX REVENUE FOR THE YUCATPA ENHANCED

INFRASTRUCTURE FINANCING DISTRICT (EIFD) AND AUTHORIZING THE

OTHER ACTIONS RELATED THERETO
RECOMMENDATION: Thatthe City Council adopt ResolutionNo.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.

DISCIJS"UON: Deputy Director of Community Development/City Planner Matlock presented the Agenda Report.

After Council discussion, the following Motion was made:

ACfIOLI: MOTION BY COUNCILMEMBER THORP, SECOND BY
CoUNCILMEMBER GARNER, CARRIED 4-0-1, (MAYOR pRO TEM VENABLE wAS ABSENT), TO APPROVE STAFF'S RECOMMENDATTON.

14.SIJBJECL. WILDWOOD CANYON ROAD AND INTERSTATE IO FREEWAY INTERCHANGE PROJECT (PROJECT) _ HDR CONTRACT AMENDMENT AND

SBCTA FUNDING AGREEMENT AMENDMENT FOR PA/ED
RECOMMENDATION: That the City Council
l. 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, [nc., 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. I to Project Funding Agreement 20-1002294 with the San Bemardino County Transportation Authority (SBCTA) for the Project PA/ED, subject to SBCTA's final approval(s); and City Council Minutes Page6ofll
02/26/2024 City Council Agenda 15

15. 4. Authorize an amendment to the funding mix included in FY 202312024 ClP, increasing the SBCTA funding for the Project to reflect additional funding from SBCTA with Agreement Amendment No. l; 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.

DISICUS$ION: Assistant City Engineer Kem presented the Agenda Report.

After Council discussion, the following Motion was made:

ACfIQN: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1, (MAYOR pRO TEM VENABLE wAS ABSENT), TO APPROVE STAFF'S RECOMMENDATION.

SUB,IEqL 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 Govemments (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.

DISCJ&IIOLI: Monique Arrellano with the San Bernardino Council of Govemments presented the Agenda Report.

After Council discussion, the following Motion was made ACfIQLI: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER GARNER, CARRTED 4-0-1, (MAYOR pRO TEM VENABLE wAS ABSENT), TO APPROVE STAFF'S RECOMMENDATION.

16. SUBJECI: 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.

Mayor Beaver announced that Item 16 would be continued to the next meeting at the request of Mayor Pro Tem Venable.

City Council Minutes PageTofll
02/26/2024 City Council Agenda 16

17. ACfIOtr[: MOTION BY COUNCILMEMBER THORP, SECOND BY
CoUNCILMEMBER GARNER, CARRIED 4-0-1, (MAYOR pRO TEM VENABLE

WAS ABSENT), TO CONTINUE THE ITEM TO THE NEXT COUNCIL
MEETING.

SIJB,IE]CI: 2024 MEMBERSHIP ON COUNCIL AD-HOC & STANDING

COMMITTEES
RECOMMENDATION: That the City Council:
l. 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).

DISICIJSSION: Director of General Services/City Clerk Sauseda presented the Agenda Report.

There was a consensus of the Council for the Committee Roster to remain as presented.

ACIIQN: MOTION BY COUNCILMEMBER THORP, SECOND BY MAYOR
BEAVER, CARRTED 4-0-1, (MAYOR pRO TEM VENABLE WAS ABSENT), TO APPROVE THE FOLLOWING APPOINTMENT:

Community Activity Grant Application Review Ad-Hoc Committee - Member/Justin Beaver, Member/Jon Thorp
ACfIQI[: MOTION BY COUNCILMEMBER THORP, SECOND BY MAYOR BEAVER, CARRIED 4-0-1, (MAYOR PRO TEM VENABLE WAS ABSENT), TO APPROVE THE FOLLOWING APPOINTMENT:
o Public Arts Ad-Hoc Committee -
Member/Justin Beaver, Member/Jon Thorp
ACfION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBER THORP, CARRIED 4-0-1, (MAYOR pRO TEM VENABLE WAS ABSENT), TO APPROVE THE FOLLOWING APPOINTMENT:

Economic Development Advisory Committee -
Non-Voting Council Liaison - Justin Beaver
o
City Council Minutes Page8ofll
a
02/26/2024 City Council Agenda 17

18.SUB,IECT: LTBRARY GRANT UPDATE, FUNDING AGREEMENT RATIFICATION,

AND LETTER OF OPPOSITION
RECOMMENDATION: That the City Council:
l. Receive an update on the Yucaipa Library Project and State Grant; and

2. Ratifr a funding agreement with the County of San Bernardino signed by the City Manager accepting grant funding not-to-exceed $l million; and

3. Authorize the sending of a letter opposing the Govemor's proposal to claw-back library grant funds.

DISCUS"UOI: Director of Govemment Affairs/PlO Pradetto presented the Agenda Report.

After Council discussion, the following Motion was made:

ACfION: MOTION BY COUNCILMEMBER THORP, SECOND BY
CoUNCILMEMBER DUNCAN, CARRIED 4-0-1, (MAYOR pRO TEM VENABLE wAS ABSENT), TO APPROVE STAFF'S RECOMMENDATION.

PUBLIC HEARING
SUBJECI: 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 Bemardino County Board of Supervisors for Community Development Block Grant funding consideration. o Public Hearing Opened
Mayor Beaver opened the Public Hearing for ltem No. 19 at 8:01 p.m. o Staff Presentation
Management Analyst Cory Gorham presented the Agenda Report. o Applicant Presentation
There was no applicant presentation.
o Public Comments
The following members of the public spoke:
o Applicant Rebuttal
There was no applicant rebuttal.

19. City Council Minutes Page9ofll
02/26/2024 City Council Agenda 18

. Public Hearing Closed
Mayor Beaver closed the Public Hearing at 8:08 p.m.

After Council discussion, the following Motion was made:

ACfION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBER THORP, CARRIED 4-0-1, (MAYOR PRO TEM VENABLE WAS ABSENT), TO APPROVE THE FOLLOWING:

Program Year 202L2025 Community Development Block Grant Projects/Programs 2024-2025 Public Service Proposals
Applicant Project Description
Amount
Requested for
2424-2425
Amount City
Council
Allocated in
2024-2025
I Family Service Association of
Redlands (Case Management
Program)
Continuation and expansion of
Case Management Services
$7,500 $7,500
Z #$6*e1J#
J Partners Against Violence (formerly
San Bernardino Sexual Assault
Services)
Supportive services for victims
of violence
s25,000 s8,923
4 San Bernardino County Library Continuation and expansion of the Yucaipa Branch Adult
Literacy Program
$ 10,000 $8,923
5 City of Yucaipa Continuation of the
Recreational Scholarsh ip
Prosram
s 10,000 $10,000
Total s52,500 $35,346
2024-2025 Construction Project Proposals
Applicant Project Description
Amount
Requested for
2024-2025
Amount City
Council
Allocated in
2024-2025
I City of Yucaipa Yucaipa Scherer Senior Center renovations to flooring, storage rooms and the work room
located in the Nutrition Center wing of the
faciliW.
$200,29 I $200,291
Total $200,29 t
Total Public Service Allocations (from above)s3 5 ,346
Total Construction Projects Allocations (from above)$200,29 I Total 2024-2025 CDBG Project/Program Allocations $235,637 City Council Minutes Page l0 of I I
02/26/2024 City Council Agenda 19

COUNCILMEMBER REP
Councilmember Thorp indicated that he should have recused himself from the minutes for the January 22,2024 Council Meeting as he was absent, however, City Attorney Graham advised him that there was no legal requirement for him to do so.

Councilmember Garner asked the City Manager to clarifu comments that were made during Public Comment by Mrs. Kathy Sellers.

ANNOUNCEMENTS
The next regularly scheduled meeting will be February 26,2024 at 6:00 p.m.

ADJOIJBIIMELII
The meeting adjourned at 8:14 p.m.

City Council Minutes Pagellofll
02/26/2024 City Council Agenda 20

Agenda ltem No.

CITY OF YUCAIPA

AGENDA REPORT
Honorable Mayor and City Council Members
Trevor Benson, Public Safety Manager @FROM:

FOR:City Council Meeting of February 26,2024
SUBJECT:Extending the Existence of a Local Emergency Due to the2022 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 the2022 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 Bemardino 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, ratifoing 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 identiff 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. [n 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. [n 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. 2 02/26/2024 City Council Agenda 21

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 goveming 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:
02/26/2024 City Council Agenda 22

TO
Agenda ltem No

CITY OF YUCAIPA

AGENDA REPORT
Honorable Mayor and City Council Members
Trevor Benson, Public Safety Manager
City Council Meeting of February 26,2024
Extending the Existence of a Local Emergency Due to Tropical Storm Hilary
FROM:

FOR:

SUBJECT:

RECOMMENDATION:

That the City Council extend the declaration of a local emergency as a result of Tropical Storm Hilary.

TROPICAL STORM BACKGROUND/DISCUSS ION :

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 Bemardino 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, ratifuing the proclamation of the existence of a local emergency by the City Manager.

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 3 02/26/2024 City Council Agenda 23

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.

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:4
02/26/2024 City Council Agenda 24

Agenda Item No.

CITY OF YUCAIPA

AGENDA REPORT
TO:Honorable Mayor and City Council
FROM:Fermin Preciado, Director of Development Services/City Engineer L ( tu( F' P' Landon Kern, Assistant City Engineer Lt(
Crystal Campbell, Associate Engineer Cc
FOR:City Council Meeting of February 26,2024
SUBJECT: Award of Construction Contract - Traffic Signal Installation for the Oak Glen Road/Live Oak Canyon Road Widening Project, Colorado Street to Outer Hwy-10 South
RE,COMMENDATION:

That the City Council:
l) 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 lolvest responsive bidder, Belco Elecnor of Chino, CA, in the amount of $314,888 for the Traffic Signal at Oak Glen Road and Colorado Street - Project No. I1089-3 (Project); and 2) Approve the amounts of $30,000 for construction contract contingency and $23,000 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $367,888; 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.

BAC KG RO UND/DISCU SSION :

The FY2023-24Capital 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 I and2 completed in 2019 and2023, respectively.

The construction of the intersection signalization improvements at Oak Glen Road and Colorado Street will complete Phase 3 of the Project. The executed Development Agreement for the hotel and fueling station project being developed at the comer of Oak Glen Road and Colorado Street requires that the City construct the traffrc signal at this intersection.

On January 22,2024 and February l2,2024,respectively, the City Council authorized the purchase 4 02/26/2024 City Council Agenda 25

of traffic signal poles and related equipment required to complete the traffic signal construction.

Phase 3 of the Project was advertised for construction bids on December 21, 2023. On January 30, 2024, five (5) sealed bids were received and opened as follows:

Belco Elecnor of Chino, 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. Belco Elecnor has performed similar work for other agencies 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 to Belco Elecnor in the amount of $314,888.

FISCAL IMPACT:

The estimated cost of this portion of the Project in the amount of $367,888 is included in the adopted FY2023-24 CIP. No further fiscal impact is anticipated.

Attachments:
l. Bid Summary

2. Construction Agreement - Belco Elecnor
Approved by:

Contractor Bid Amount
Belco Elecnor $3 14,888.00
DBX, Inc $327,344.00
Baker Electric & Renewables, LLC $35 7 ,700.00
California Professional Engineering, Inc $35 9,820.00
Alfaro Communications $361,874.96
02/26/2024 City Council Agenda 26

ATTACHMENT 1
02/26/2024 City Council Agenda 27

02/26/2024 City Council Agenda28

ATTACHMENT 2
02/26/2024 City Council Agenda 29

AGREEMENT
THIS AGREEMENT is made and entered into this 26th day of Februarv 2024, by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City", and located at
Contractor / Company Name Street Address
hereinafter referred to as "Contractor"
City State Zip Code Phone
PROJECT: Traflic Sisnal at Oak Glen Road and Colorado Street - Proiect No. I1089-3 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 clarifring, 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.

Inconsiderationofsuchwork'CityagreeStopayContractorandConhactoragreeStoacceptthesumof@!L XXXX Dollars and fi) Cents ($XXX.XXX.fi)) 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 frst above written.

ATTEST:CITY OF YUCAIPA
A Municipal Corporation
Ana Sauseda, CMC
Director of General Services/Cify Clerk

FUNDS AVAILA BLE/INSU RANC E
APPROVED:

Phillip White, Director of Finance
Fermin G. Preciado, Director of
Development Services/City Engineer
APPROVED AS TO FORM:

Steven Graham, City Attorney
Chris Mann, City Manager
CONTRACTOR:

Date
Three Peaks Corp Date
02/26/2024 City Council Agenda 30

Agenda ltem No._
TO:

FROM:

CITY OF YUCAIPA

AGENDA REPORT
Honorable Mayor and City Council
Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer Ll<
Crystal Campbell, Associate Engineer CC
v
FOR:City Council Meeting of February 26,2024
SUBJECT: Award of Construction Contract - Avenue E & 15th Street Sidewalks Project, Phase 2 RECOMMENDATION:

That the City Council:
l) Amend the FY 2023-24 Capital Improvement Program by approving the amounts of $270,735 for the l5m Street Sidewalks ATP Project - Project No. I I184, $27,000 for construction contract contingency and $21,000 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of$318,735; and
2) Accept State Active Transportation Grant award in the amount of $320,000; and 3) 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 of Calimesa, CA, in the amount of $270,735 for the l5th Street Sidewalks ATP Project - Project No. I 1184 (Project); and
4) Approve the plans and specifications prepared for this Project.

BAC KG ROUN D/DISCUSSION :

The FY2023-24Capital lmprovement Program (CIP) includesthe Avenue E & l5th Street Sidewalks Project (Project). The overall project includes the construction of sidewalk, ADA compliant curb ramps and associated street improvements along Avenue E from l5th street to the Dunlap Channel; and along the east side of l5th Street, from Avenue E to Yucaipa Boulevard. The Project is being completed in phases.

In FY 2015-16, the City applied for and was awarded $402,000 in State ATP grant funds from the Active Transportation Program (ATP) through San Bernardino County Transportation Authority (SBCTA) to construct the first phase of the Project. The construction of the first phase was completed in202l.
5 02/26/2024 City Council Agenda 31

In FY 2023-24, the City applied for and was awarded an additional $320,000 in State ATP grant funds through SBCTA to construct Phase 2 of the Project. As required by the ATP grant program, the California Conservation Corps will be performing a portion of the clearing and grubbing work during construction.

Phase 2 of the Project was advertised for construction bids on January 4,2024. On February 6,2024, six (6) sealed bids were received and opened as follows:

Contractor Bid Amount
Three Peaks Corp.$270,735.00
I.E. Engineering $291 ,700.00
Hillcrest Contractine $3 83,3 5 8.00
Gentry General Eneineering, Inc.s422,668.00
LCR Earthwork & Eneineering Com $458,670.00
CT&T Concrete Paving Inc $463,65 7 .04
Three Peaks Corp. of Calimesa, CA is the apparent responsive low bidder. Staffhas reviewed the bid documents and determined that the documents meet the requirements of the construction contract specifications. Three Peaks Corp has performed similar work for the City of Yucaipa 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 Corp. in the amount of $270,735.

FISCAL IMPACT:

The fiscal impact of the recommendations is a net cost of $21,000. Construction costs of $297 ,735 would be offset with a grant award of up to $320,000.

Attachments:

1. Bid Summary

2. Construction Agreement - Three Peaks Corp.

3. Project Phase Exhibit

4. ATP Grant Award Letter
Approved by
02/26/2024 City Council Agenda 32

ATTACHMENT I
02/26/2024 City Council Agenda 33

02/26/2024 City Council Agenda 34

ATTACHMENT 2
02/26/2024 City Council Agenda 35

AGREEMENT
THIS AGREEMENT is made and entered into this 26'h day of February 2024, by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City", and located at
Contractor / Company Name Street Address
hereinafter referred to as "Contractor"
City State Zip Code Phone
PROJECT: lSth Street Sidewalks ATP Proiect - Proiect No. I I184 WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:

The contact 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 clariffing, 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 XXX Thousand.

XXXX Dollars and fi) Cents ($XXX.XXX.fi)) in the manner provided in the Contract Documents and subiect 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:CITY OF YUCAIPA
A Municipal Corporation
Ana Sauseda, CMC
Director of General Services/City Clerk
Chris Mann, Cify Manager Date

FUNDS AVA I LA BLE/INSU RA NCE
APPROVED:

CONTRACTOR:

Phillip White, Director of Finance Three Peaks Corp Date Fermin G. Preciado, Director of
Development Services/City Engineer
APPROVED AS TO FORM:

Steven Graham, City Attorney
02/26/2024 City Council Agenda 36

ATTACHMENT 3
02/26/2024 City Council Agenda 37

02/26/2024 City Council Agenda 38

ATTACHMENT 4
02/26/2024 City Council Agenda 39

STATE OF CALIFORNIA. CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 9427 4-0001
TTY 711 08-SBD-O-YCPA
ATPL-5457 (030)
Adv ld: 0824000105
PPNO: 08-1301
Request No: 1
February 6,2024
Mr. Fermin Preciado
Director of Development Services/City Engineer
City of Yucaipa
34272 Yucaipa Blvd.

Yucaipa, CA 92399
Dear Mr. Preciado:

Your letter dated October 10,2023 requested a fund allocation from the Active Transportation Program for the City of Yucaipa Drainage lmprovement - lnstallation of curb and gutter, sidewalk, drive approaches, drainage improvements (catch basins), and removal of handicap access barriers. This project is programmed in the Active Transportation Program (ATP), as amended.

At their December 7,2023 meeting, the California Transportation Commission (CTC) allocated funding in the amount(s) shown below.

The State hereby makes the following allocation on December 7,2023, effective December 7,2023.

Allocation No. 2024-162 ATP FUND ALLOCATION
Senate District No.: 31
Assembly District 65
Amount
Programmed
Fiscal Year
Programmed
Amount Previously
Allocated
This
Request
Const $320,000
$320,000
2024 $o $320,000
$o
$320,000
$320,000
Federal Funds
State Funds
Total $0
This allocation makes available $0 of federal funds* and $320,000 of State (or State-only) funds for a total of $320,000.
* A separate request for authorization to proceed (E-76) is required prior to the start of reimbursable work for projects receiving Federal funds.

The effective date of allocation seryes as the authorization to proceed and establishes the date for the start of reimbursable work for State-only funded projects.

CTC ATP Ltr02/26/2024 City Council Agenda 40

Mr. Fermin Preciado
February 6,2024

Page 2 ends

ATPL-5457 (030)
For This Allocation:

Funds allocated for project E & P are available for expenditure until: Not Applicable.

Funds allocated for project PS & E are available for expenditure until: Not Applicable.

Funds allocated for project RW are available for expenditure until: Not Applicable.

Funds allocated for construction - Agency has 6 month(s) after the date of allocation to award a contract.

After award of the contract, the Agency has up to 36 months to complete the construction or vehicle purchase contract.

The Commission may grant a one-time extension to each of the deadlines specified above if it finds that an unforeseen and extraordinary circumstance beyond the control of the responsible agency has occurred that justifies the extension. Please refer to the Local Assistance website at https://dot.ca.gov/programs/local-assistance for additional guidance.

The project's award information should be submitted to the District Local Assistance Engineer (DLAE) immediately after award of the construction contract. A copy of the project's award package also needs to be included with the submittal of the Administering Agency's first invoice to the Local Programs Accounting Branch. Please refer to Local Programs Procedures (LPP) LPP 01-06 for guidance regarding the contents of the project award package.

This allocation is not a commitment on the part of the State to make reimbursements until an Administering Agency - State Agreement (Master Agreement), if necessary, and a project specific program supplement are executed between the Agency and the State.

Your attention is directed to the Local Assistance Procedures Manual, LPPs and the current CTC guidelines for detailed instructions and information.

Sincerely
FOR
ROBERT NGUYEN , Chief
Office of Project Management Oversight - South
Division of Local Assistance
C: SANBAG
Attachment: CTC Vote Box
CTC ATP Ltr.02/26/2024 City Council Agenda 41

Mr. Fermin Preciado
Febru ary 6, 2024

Page 3 ends

ATPL-5457(030)
bc: LPA
DLA AE Project Files
District - (08) DLAE - Alberto Vergel De Dios
CTC ATP Ltr02/26/2024 City Council Agenda 42

TO
Agenda Item No.

CITY OF YUCAIPA

AGENDA REPORT
Honorable Mayor and City Council
Megan Wolfe, Director of Community Services
Sarah Marti nez, Community Services Recreation Superintendent City Council Meeting of February 26,2024
Youth Advisory Commiuee Appointment
FROM:

FOR:

SUBJECT:

RECOMMENDATION:

That the City Council:
l) Review the attached Application for the At-Large Membership to the Youth Advisory Committee (YAC); and
2) Vote on the appointment of the nominated applicant.

DISCUSSION:

The YAC serves as an advisory body to the City Council and the intent is to improve youth involvement in City issues, activities and provide committee members with a roadmap for success.

The City received an application from, new applicant, Gretchen Lewis on January 29,2024. On February 6,2024, City staff and Mayor Pro Tem Venable met with Ms. Lewis and recommended her for appointment. Appointing Gretchen Lewis will result in five vacancies.

Any member of the City Council may nominate an individual for membership on the YAC. A majority vote of the Council is required for an appointment to be made.

The YAC will continue to recruit until the Committee is full.

FISCAL IMPACT:

There is no fiscal impact as a result of this action.

Attachment:
l. Youth Advisory Committee Application
Approved by:
6 02/26/2024 City Council Agenda 43

ATTACHMENT I
02/26/2024 City Council Agenda 44

YuCAIPA
IOUTHo ADrlsfir0ffinn
City of Yucaipa
3427 2 Yucalpa Boulevard
Yucaipa, GA 92399
(9O9) 790-7460
Youth Advisory Committee Packet
Qrctohen \-gwis

RECEIVED
Da te:

By:

APPLICA'I-ION
The Yucaipa City Council is seeking young adults interested in contributing to the city by exploring city processes and leaming to be effective spokespeople for the youth of Yucaipa. Meetings are typically held from 6 p.m. to 7 p.m. on the first and third Wednesday of each month, in the Community Meeting Room, at City Hall. If appointed, you will serve a two (2) year tenn, fulfilling term dates.

Applications must be fully completed to be reviewed by and considered. The application should be typed or clearly printed and filed with the City Clerk, located at City Hall. Applicants must be between the ages of 14 and 20 years and either attend school or live within the City of Yucaipa boundaries. Applications are accepted until the Committee is filled.

RECEIVED
REOUIRENIENTS JAN 2I ?024
The following docurnents are required when turning in an application:
l. Completed Youth Advisory Commiuee Packet, including application questions

2. One Letter of Recommendation

3. Copy of school LD., California I.D., or Driver's License (verification of age and boundary status)

SELECTION
The following is an outline of the selection process. This process typically takes 3 to 4 weeks. l. Application received by City Clerk and provided to Committee's City Staff Liaison

2. Application reviewed by Selection Committee

3. Applicant verbally interviewed by Selection Committee

4. If recommended by Selection Committee, attend City Council Meeting for City Council Approval/Appoi ntrnent

5. If approved by City Council, then applicant is appointed to the Committee effective that Council Meeting date.

CITY
OF

YUCAIPA
CITY OF YUCAIPA; YOUTH ADVISORY COMMITTEE PACKET 2023t2024 rm
02/26/2024 City Council Agenda 45

YuCAIPA
IOUTHo ADYIS0RY(0ffiTIE
City of Yucaipa
3427 2 Yucaipa Boulevard
Yucalpa, CA 92399
(9O9) 790-7460
Youth Advisory Committee Packet

RECEIVED
Date:

By:

APPLICANT TNFORMATION
Name: Grctc[ern t€/,uiS Darc of Birth: Age :l?
cen Number:

E-tvlail:
school' \ u oqq\}LqL Sqh ee t
U
Parents'/Guardians' Names :

Currcnt Gradc Levcl: lt GI,A: 3. 1
tr,^ris Lrnotl"er) ccll numbcr,
f,rno*J Lcr^i.S ($"U^ed
Q!ESTTONS
Ivlay utilize additional pag€s, as needed.

Currently, what do you feel are the biggest issues Yucaipa teens encounter? 5 Czo e-$,not
cP-rt( u,]ni<:r,rcr t a C-,ht',*rcS [D. he-er".4D do
Name one person who has inspired you and list the qualities you admire about that person.f.q€ Phdd1e,1o".' b.co..:s"_ ix. ,3 oiass./ use-ll oo* &-L;;.f
Ol <e Yl
Please list any extra-curricular activities in which you participate:

What can the Youth Advisory Comrnittee do to improve local teen's quality of life? f
CITY OF YUCAIPA; YOUTH ADVISORY COMMITTEE PACKET 202312024 ml
Address .\.r-,tn co, ,14391
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lo"rt \{n<Jn e.c\r.rC,ar\3rl Car ' n{sar{ e-S tlne ,nn €fl U I J-
02/26/2024 City Council Agenda 46

City of Yucaipa
3,4272 Yucaipa Boulevard
Yucaipa, CA 92399
(9O9) 79,0-7460

RECEIVED
Date
By:

RqLEASE OF LIAB[IITX
I hereby certiff that all statsments made in this application are tme. I acknowledge that false statcments or 1 misrepresentations on this application will be cause for rcfusal of placement or immediate dismissal at any time during my appointmcnt. I know of no physical limitations, which would preclude my accepting this position. I understand this is a non-paid position with no promise, expressed or implied, of consideration for funrre employment.

S i gnature of applicant:

SPECIAL NOTE: Members of the Cily of Yucaipa Youth Advisory Committee are required to serve a two (2) ycar tcrm, attcnd nvo (2) meetings per month, and complete a minimurn of l0 hours of community service annually. Attendance and completion of a Brown Act and Code of Ethics Training is required every two yeaxs while serving on the Committee. Thcre will be one local field trip, with thc option of attending more, if desired.

Youth Advisory Committee members are responsible ibr providing thcir own transportation to and from mcetings.

The Youth Advisory Committee shall be empowered to establish and maintain responsibilities consistent with City of Yucaipa Municipal Code and all other ordinances and regulations of the City of Yucaipa and with the laws of the State of Califomia, consistent with thc following gcncral purposc:

To develop leadership skills and promote community involvement, with, for, and by youthl to encourage them to initiate and review proposals for programs, projects, and facilities as they pertain to youth; promote youth involvement in community eyents, programs, or volunteer projects through public education, the schools, and community organizations; and act in an advisory capacity to the City Council in all other policy matters pertaining to youth. Participants will increase their understanding of city government with the goal oflearning to be effective advocates for youth-oriented issues.

Signature:Date:t232k
If under 18. a oarent/suardian must answer the followine:

I give the Ciry of Yucaipa, permission to photograph my child whilc panicipating in Youth Advisory Committee meetings and activities.

Youth Advisory Committee Packet
\- *v']tlDate:

Jffi"$3"''!Date:\--/I LbL+
Applications may be rnailed or hand delivered to:

Cify of Yucaipa
Attention: Sarah Martinez, Community Seruices Recreation Superintendent 34272 Yucaipa Boulevard, Yucaipa, CA 92399
CITY OF YUCAIPA; YOUTH ADVISORY COMMITTEE PACKET 202312024 m
02/26/2024 City Council Agenda 47

Jennifer Griggs
English l0 and Speech/Debate Teacher
Yucaipa High School
September 26,2023
To whom this may concern,
I arn writing to wholeheartedly recommend Gretchen for a position on the Yucaipa Youth Advisory Comminee. As Gretchen's previous Honor's English Teacher at Yucaipa High School, I have had the privilege of observing and mentoring Cretchen in various capacities and am consistently impressed by her dedication, talent, and leadership abilities. Gretchen's involvement in extracurricular activities, including Varsity Cheerleading, Varsity Tennis, dance, and the Best Buddies program, showcase her commitment to her school and community.

Gretchen's dedication to her academics is as commendable as her extracurricular commitments.

Her motivation in the classroom is evident in her meticulous approach to her studies and her unwavering focus on academic excellence. Gretchen consistently challenges herself with a rigorous course load and excels in it, showing an impressive ability to understand and engage deeply with complex material. Her hard work and determination are reflected in her high grades and the respect she has earned from her teachers and peers alike. Grerchen's academic prowess does not exist in a vacuum; it is part of her holistic approach to her education, balancing her intellectual growth with her personal development through exnacurricular activities.

In her leadership roles, Gretchen has exernplified the same level of dedication and excellence. As the JV Cheer captain during her sophomore year, she exhibited exceptional leadership skills, fostering a spirit of cooperation and enthusiasm amongst her teammates. Her promotion to the Varsity Cheerleading team is a direct result of her dedication and her ability to inspire those around her.

In the realm of sports, Gretchen has not only excelled Varsity Cheer, but also Tennis, where she holds a captain position, This role allows her to demonstrate her abiliry to lead by example and motivate her peers towards common goals. Her role as the Block Y Tennis Representative further underscores her commitment to this sport and her ability to juggle multiple responsibilities with grace and competence.

Gretchen's artistic talents are equally commendable. Her porrayal of the Sugar PIum Fairy in the 2023 Yucaipa Dance Nutcracker was nothing shon of mesmerizing. This role, often reserved for 02/26/2024 City Council Agenda 48

the most dedicated and skilled dancers, highlighted Gretchen's discipline, artistic expression, and commitment to the art of ballet.

Perhaps most indicative of Gretchen's character is her involvement in the YHS Best Buddies program, Her participation since freshman year and her performances in the Best Buddies talent show demonstrate her compassion, empathy, and dedication to inclusiviry, as she works with our most vulnerable students. Gretchen's ability to connect with all members of our community and her efforts to provide a platform for every voice to be heard are commendable.

In Gretchen, you will find a candidate who is not only talented and driven but also deeply committed to making a positive impact in her community. Her leadership skills, coupled with her compassionate nature and willingness to take on challenges, make her an ideal candidate for the Yucaipa Youth Advisory Committee. I have no doubt that Gretchen will bring the same level of dedication, creativity, and leadership to the committee as she has to Yucaipa High School.

Please feel free to contact me if you need fuither information or insights regarding Gretchen's qualifi cations and accomplishments.

Sincerely,
Jennifer Griggs
Yucaipa High School
I Oth Grade EnglisUHonors
Law and Public Safery Academy
Speech and Debate
Girls Basketball Coach
02/26/2024 City Council Agenda 49

YUCAIPA HIGH SCHOOL
33000 Yucaipa Blvd.

Yucaipo, CA 92399
FAX: (909) 790-3200
Phone: (909) 797-0106
January 28,2024
To: Youth Advisory Committee:

Gretchen Lewis has been a varsity tennis player since her Freshman year. She is one of the kindest and most respectful students I have worked rvith. She always has a smile on her face and is willing to assist anyone on the tennis court as well as when I see her on campus. She would spend time with peers outside of class as a peer and mentor both academically and athletically, Even more impressive is how she is able to manage 2 sports as rvell as outside activities and never seems ovenvhelmed. This is a huge accomplishment for someone so young and will continue to make her successful in the future and add to the Youth Advisorv Committee next yeax.

One of my roles as a coach on campus is to monitor my students' progress academically.

Speaking with her teachers on campus was always positive. They spoke very highly of her and routinely they would say, "lt was a pleasure to have her in my class." Ms. Lewis has taken honors and advanced placement classes while at Yucaipa High School. She currently has an overall grade point average of3.9 and is ranked in the top 100 students in the Junior class.

She is a very driven person and when she puts her mind to something she will do everything to make it happen. Throughout the school year she would study or offer tutoring to others as needed to help them. She always brings a good spirit and positive energy to everything she does. The dedication, respect, energy and enthusiasm she shows on a regular basis would make her an asset and excellent representative of the youth advisory committee. If you have any questions or need further assistance please feel free to contact me at .

Sincerely
Scott Salinas
Special Education Teacher
Girls/Boys lhrsiry Tennis Coach
02/26/2024 City Council Agenda 50

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I
Gtetche
Lewls
Student
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02/26/2024 City Council Agenda 51

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02/26/2024 City Council Agenda 52

TO:

FROM:

FOR:

SUBJECT:

Agenda Item No._

CITY OF YUCAIPA

AGENDA REPORT
Honorable Mayor and City Council
Fermin Preciado, Director of Development Services/City Engineer L i< for. F P City Council Meeting of February 26,2024
Trails and Open Space Committee Appointment

RECOMMENDATION
That the City Council:
l) 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 appointrnent of the nominated applicant.

BACKGROUND/DISC USSION
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 (l) 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:
l. Citizen Service Applications
Approved By :
7 02/26/2024 City Council Agenda 53

ATTACHMENT I
02/26/2024 City Council Agenda 54

CITY OF CITYOFYUCAIPA
34272 YUCAIPA BOULEVARD Received JtD
YUCAIPA, CA 92399 City ot yucaipa Y
(909) 797-2489
, sEP 27 Zo?'3
t
CITIZEN SERVICE APPLI Services/
The Yucaipa Ctty Council is seeking citizens to serve on duly City Commissions and Committees which have been established to assist and advise the Council on specific matters for consideration which have been assigned to the respective or Committee. Please complete this application for appoinfrnent in full. The printed and filed with the City Clerk.
should be qrped or clearly
Name of Applicant:Rosanna M Roa
First Middle Last
92399Address: Yucaipa
Home
Phone:

Number and Stneet
Work Phone:

City Zip Code
phone.

Email.

Occupation:Hetired from State service - Office of Environmental Engineering Educational B ackground:AA degree from Riverside Comm. College Cell
Comrnission or Cornmittee for which you are
applying:Trails and Open Space
Why are you interested in this position?
Newly relocated from central Fliverside, where open space ls 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.

I
constituted
02/26/2024 City Council Agenda 55

V/hat 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- lntegrity and determination
How long have you resided in Yucaipa?10 months
REFERENCES:
t. llleen Prentiss
z. Renee Almatier(a
Applicants are advised that they may be requested to make information available regarding any potential conflict of interest arising from their br.r.sinesJproperty and/or invesfinents with the City of Yucaipa or where the decisions taken by the City of Yucaipa may influe,nce that business or affiliation.

Completed applications should be returned to the City CIerlCs Offise, 34272 Yucaipa Boulevard, Yucaipa, Califomia 92399,priorto any closing dates establistred.

I CERTIF.Y TIIAT TIIE X'OREGOING INFORI},IATION IS TRTIE AI{D CORRECT.

Signature of Applicant:Date: Q-/?-23
AT,IACE,I,]RESEME lWnlon.,-luomoNli nrgo-nnlnr.rox,It/E@,you* rEEIj lwrllj Assrsr1ri$;Crrv'gornvct,mrmm.,inl+glroiv:',',,. ''., ;l,lr..l r-.;!--" .; r'r-;- 2 02/26/2024 City Council Agenda 56

,
li tii CIT\,'OF }'IJCAIPA
31272 \',t'(',\l P.\ ll0t l,[,\'.{Rl)
Yt :(',\IP.\, ('.\ 92399
(909) 791 -2{89
l)atc.
llt :

Itl:(:l:t Vlil)
tNumc)
nt'r'tiTFLr (]rnlrr^F
\-f I ll)l-rt\ \rLl\ I f fvfr A nnl IIr!' a -r
r-tl I Ll\-rl I lrAY 0 4 ?023rN LIlru,It \
The Yucaipa Ciry- Council is seeking citizens to sen'e on duly constituted Ciw Commissions .rqp Committees which have been established to assist and advise the City Council on specific matrcrcAlPA 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 clearlr' printed and tiled with the Citv Clerk
Narne of Applicant 1 wf €
LastI rst
\\j
Middle
Address yLc A;pr-* ct)Mrt
Nurnber and Street 7.ip Code
Work
/citu
Home
Phone:

Email
Phone
ell Phon
Occupation (--
Eclucati onal Backqrr)und U i aln ichr-'. \--r-
t.ornnltssron or ( ontnlrttee lor w'itrclt vou ate
applying:1
lf you are applying to the Mobilehorne Rent Review Commission, please initial below pursuant to the Citv of Yucaipa Municipal Code $ 15.20.070, Subsection A ( I )) I declare that I am neither a resident nor a park owner of a mobilehome park in the Ulty ol Yucarpa. that I nave no llnanclal lnleresl tas dellneo by state law; tn an1 mobilehome or nrobilehome park and have no parents, children, spouse or siblings with anv such interest
Applicant signature
.vou interested in this position'l
,l
ATTACH A RESUME AND/OR ADDITIONAL INFORMATION WHICH YOI.I FEEL WILL ASSIST THE CITY COUNCIL IN THEIR SELECTION.
(e)
5 <,\\
)
r\_I t
02/26/2024 City Council Agenda 57

I
t
('f J'l'lt- \ sl,.RVl('1.- .lPlrl,l(',t'l'loN
P.-\(; l. 'l'\\ o
What do you consider to be three (3) major assets that would qualify you for selection to this commi ssi on/comm ittee?
f q(n ,1,
,)
I
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How long have you resided in Yucaipa?5r)J"
RL['bRtiN('trs
0 hr\1 r) cnfurvlr
l
Applicants are advised that they may be requested to make infbrnration available regarding any potential conflict of interest arising from their businesVproperty and/or investments with the City of Yucaipa or where the decisions taken by the City of Yucaipa mav influence that business or af}jliation.

Completed applications should be returned to the City Clerk's OfIce. 34272 Yucaipa Boulevard, Yucaioa. Calitbmia 92399. prior to anv closinu dates established I ( [.R l l[\ 't'lt,\ l"t'lt[. ]oR[.GolN(; tNFoR]I.\'t't()N ts t'Rt t. A\D ('oRRt,( t.

Signature of A pplicant Date S-)_,1 1
( '( l\l\llSSl( )\S. C( )\t \ll l"l1..l1S Citrzcrr Scn rcc .\tnlic.rli,xt d(,c f A"n_&?4 irnchlc [-tpr:..r,n.
10qrg--C,{ !h'ra cr gt\
r
02/26/2024 City Council Agenda 58

Agenda Item No.

CITYOF YUCAIPA

AGENDA REPORT
TO Honorable Mayor and City Council
Steven Graham, City Attorney
City Council Meeting of February 26,2024
FROM:

FOR:

SUBJECT: Adoption of Ordinance Related to Campaign Contribution Limits That the City Council:

1. Approve the lntroduction and First Reading of Ordinance No. 440, an Ordinance of the City Council of the City of Yucaipa, California, Adding Section 1.08.070 to the Yucaipa Municipal Code Establishing No Campaign Contribution Limits; or

DISCUSSION:

In California, the Political Reform Act (Act) governs the reporting of campaign contributions and expenditures at the state and local level. Historically, the Act has only set campaign contribution limits for state level offices such as Senator, Assemblymember, Govemor, Lieutenant Govemor, etc. There was no state requirement for cities or counties to have limits in place. Thus, most cities and counties throughout the state had no limits. Some cities and counties at their discretion opted to impose limits on themselves. Yucaipa, along with the vast majority of other cities in Califomia, did not have limits.

In2019, the State legislature adopted AB 571. Pursuant to AB 571, commencing January 1,2021, if a city or county had not already enacted a contribution limit on such candidates, the limits would automatically default to the state's campaign contribution limits. The bill further authorized a city to impose limitations that are different from those of the state.

Prior to the law going into effect, many cities throughout the state proactively passed ordinances establishing their own limits and thus avoiding defaulting to the state limits. By not adopting an ordinance, the City of Yucaipa has been subject to the contribution limits of AB 571 for the last few years. In addition to the contribution limits, the City has also been affected by several other provisions of AB 571 which now also apply to cities and counties.

RECOMMENDATION:
8 02/26/2024 City Council Agenda 59

As the City of Yucaipa has historically not had campaign contribution limits, and after several months of correspondence seeking guidance and clarification from the Fair Political Practices Commision (FPPC), staff brought forward an item on January 22,2024, recommending that the City Council adopt an ordinance setting the limit to o'no limit." Per direction from the City Council, staff has drafted an Ordinance setting the limit to $10,000 and is included as Attachment2.

Staff recommends that the City Council review both ordinances and approve the introduction and first reading of either one.

FISCAL IMPACT:

There would be no direct fiscal impact to the City in making a decision with regard to establishment of limits on local campaign contributions in City elections. The cost of enforcing the limits would depend on the rigorousness of the enforcement program.

Attachments:
l. Ordinance No . 440

2. Ordinance No. 443

3. AB 571 Fact Sheet
Approved By:
02/26/2024 City Council Agenda 60

ATTACHMENT 1
02/26/2024 City Council Agenda 61

ORDINANCE NO. 440

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING SECTION I.O8.O7O TO THE YUCAIPA

MUNICIPAL CODE ESTABLISHING NO CAMPAIGN CONTRIBUTION
LIMITS
WHEREAS, the Political Reform Act of 1974 (the "Act"), codified at Government Code Section 81000, et seq., was amended by the voters in 1988 to impose contribution limitations for statewide offices, and authorized local jurisdictions to enact contribution limits or other prohibitions; and WHEREAS, in 2019, the State Legislature amended theAct to impose contribution limits on local elective offices in jurisdictions that have not enacted their own contribution limits with the passage ofAssembly Bill ("AB") 571; and
WHEREAS, AB 571 imposes default campaign contribution limits upon cities beginning in January 1,2021;and
WHEREAS, the City of Yucaipa currently does not have campaign contribution limits; and WHEREAS, Government Code Section 85702.5(a) authorizes a City to set any local campaign contribution limit by ordinance; and
WHEREAS, it is the intent of the City Council that this Ordinance impose no limit on campaign contributions.

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

Section l.

Section 2.

The above recitals are true and correct and incorporated herein.

That Chapter 1.08 Elections shall be amended to add Section 1.08.070 as follows:

Section 1.08.070 CnMpAIGN CoNrRrBLrrroN Lrwrrrs
(a) The terms used in this Ordinance shall have the same definitions as specified in the Political Reform Act of 1974 (the "Act"), as amended from time to time, and Regulations of the Fair Political Practices Commission (the "FPPC Regulations"), as amended from time to time. (b) Campaign Contribution Limits. The City Council of the City of Yucaipa hereby imposes no limit on campaign contributions that a City Council candidate or candidate's committee may receive per election from any single source.
(c) Campaign Fund Transfers. Candidates may transfer non-surplus campaign funds from one controlled committee to another committee controlled by the same candidate for the same or a different local elective office in the City of Yucaipa and may carry over non-surplus campaign Page I of 2
02/26/2024 City Council Agenda 62

funds raised in connection with one municipal election to pay for campaign expenditures incurred in connection with a subsequent municipal election without attributing, or being subject to the campaign contribution limit, or using the "last in, first out" or "first in, first out" accounting method. Candidates for local elective office in the City of Yucaipa do not need to establish a separate campaign bank account for redesignated committees for the same or a different City of Yucaipa local elective office. In all other aspects, the Act and FPPC Regulations related to campaign fund transfers shall apply.

Section 3. Severability. Ifany sections, subsections, subdivisions, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective ofthe fact that anyone or more sections, subsections, subdivisions, paragraph, sentences, clauses or phrases be declared invalid.

Section 4. Publication. The City Clerk shall cause this Ordinance to be published or posted in accordance with California law.

Section 5. Effective Date. This Ordinance shall take effect thirty days after its adoption.

PASSED, APPROVED and ADOPTED this _ day of _,2024.

Justin Beaver, Mayor
ATTEST:APPROVED AS TO FORM
Ana V. Sauseda, CMC
Director of General Services/City Clerk
Steven Graham, City Attorney

Page 2 of 202 ends

ATTACHMENT 2
02/26/2024 City Council Agenda 64

ORDINANCE NO. 443

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING SECTION 1.08.070 TO THE YUCAIPA

MUNICIPAL CODE ESTABLISHING CAMPAIGN CONTRIBUTION
LIMITS
WHEREAS, the Political Reform Act of 1974 (the "Act"), codified at Government Code Section 81000, et seq., was amended by the voters in 1988 to impose contribution limitations for statewide offices, and authorized local jurisdictions to enact contribution limits or other prohibitions; and WHEREAS, in 2019, the State Legislature amended the Act to impose contribution limits on local elective offices in jurisdictions that have not enacted their own contribution limits with the passage ofAssembly Bill ("A8") 571; and
WHEREAS, AB 571 imposes default campaign contribution limits upon cities beginning in January 1,2021;and
WHEREAS, the City of Yucaipa currently does not have campaign contribution limits; and WHEREAS, Govemment Code Section 85702.5(a) authorizes a City to set any local campaign contribution limit by ordinance.

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

Section l.

Section 2.

The above recitals are true and correct and incorporated herein.

That Chapter 1.08 Elections shall be amended to add Section 1.08.070 as follows:

Section 1.08.070 CIMpAIGN CoxTRIBUTIoN LtruITs
(a) Definitions. The terms used in this Ordinance shall have the same definitions as specified in the Political Reform Act of 1974 (the "Act"), as amended from time to time, and Regulations of the Fair Political Practices Commission (the "FPPC Regulations"), as amended from time to time.
(b) Campaign Contribution Limitations.
(l) Contributions by Persons to Candidate or Candidate's Controlled Committee. No person shall knowingly and willfully contribute to a candidate and/or the candidate's controlled committee, with respect to any single election, an amount that would cause the total contributed by such person to the candidate and the candidate's controlled committee, when combined, to exceed ten-thousand dollars ($10,000.00).

Page I of3
02/26/2024 City Council Agenda 65

(2) Acceptance or Solicitation by Candidate or Candidate's Controlled Committee. No candidate or candidate's controlled committee shall knowingly and willfully solicit or accept any contribution from any person which would cause the total amount contributed by such person with respect to any single election to the candidate and the candidate's controlled committee, when combined, to exceed the sum of ten-thousand dollars ($lo,ooo.oo).
(3) The provisions of this section shall not apply to contributions from a candidate to his or her controlled committee nor to the expenditure, by the candidate, of his or her personal funds.
(c) Campaign Fund Transfers. Candidates may transfer non-surplus campaign funds from one controlled committee to another committee controlled by the same candidate for the same or a different local elective office in the City of Yucaipa and may carry over non-surplus campaign funds raised in connection with one municipal election to pay for campaign expenditures incurred in connection with a subsequent municipal election without attributing, or being subject to the campaign contribution limit, or using the "last in, first out" or "frrst in, first out" accounting method. Candidates for local elective office in the City of Yucaipa do not need to establish a separate campaign bank account for redesignated committees for the same or a different City of Yucaipa local elective office. In all other aspects, the Act and FPPC Regulations related to campaign fund transfers shall apply.

Section 4. Publication. The City Clerk shall cause this Ordinance to be published or posted in accordance with California law
\\
\
\
\
\
\

Page 2 ends

02/26/2024 City Council Agenda 66

Section 5. Effective Date. This Ordinance shall take effect thirty days after its adoption.

PASSED, APPROVED and ADOPTED this _ day of _,2024.

Justin Beaver, Mayor
ATTEST:APPROVED AS TO FORM
Ana V. Sauseda, CMC
Director of General Services/City Clerk
Steven Graham, City Attorney

Page 3 ends

02/26/2024 City Council Agenda 67

ATTACHMENT 3
02/26/2024 City Council Agenda 68

Fair Political Practices Commission
Contribution Limits: City and County Gandidatest
lntroduction
Pursuant to Assembly Bill 571 (Stats .2019, Ch. 556, AB 571 Mullin), beginning January 1, 2021 a state campaign contribution limit will by default apply to city and county candidates when the city or county has not already enacted a contribution limit on such candidates. Along with the new campaign contribution limit, there are also other related provisions that formerly applied only to state level candidates that will now apply to city and county candidates. Please note that none of the provisions of AB 571 discussed in this fact sheet apply to candidates in cities or counties for which the city or county has enacted campaign contribution limits.

Current State Contribution Limit
The contribution limit that will now apply to city and county candidates pursuant to AB 571 is updated biennially for inflation. Contribution limits can be found in Regulation 18545(a)2 and on the FPPC website's FPPC Resulations paqe. The default limit for contributions to city and county candidates subject to AB 571 for 2023-2024 is set at $5,500 per election.

Other Provisions Affecting City and County Candidates
Several other provisions will now apply to city and county candidates in jurisdictions that have not enacted campaign contribution limits, including the following:

A candidate may not make a contribution over the AB 571 limit toanother candidate in jurisdictions subject to the AB 571 limit with limited exceptions related to recall elections, legal defense funds and candidate- controlled ballot measure committees. (See Regulation 18535 for more information.)
A candidate that has qualified as a committee must establish a separate controlled committee and campaign bank account for each specific office. Candidates may not redesignate a committee for one election for another election.

Candidates may transfer non-surplus campaign funds from one candidate- controlled committee to another committee controlled by the same candidate for a different office if the committee receiving the transfer is for an elective state, county or city office. However, contributions transferred must be attributed and transferred using the "last in, first out" or "first in, first out" accounting method and www.fppc.ca.gov
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02/26/2024 City Council Agenda 69

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shall not exceed the applicable contribution limit per contributor. lf a candidate is seeking to transfer campaign funds from one controlled committee to another for the same office a candidate may carry over non-surplus campaign funds raised in connection with one election to pay for campaign expenditures incurred in connection with a subsequent election for the same office without attributing or using the "last in, first out" or "first in, first out" accounting method. (See Regulation 18536 for more information on the transfer and attribution of contributions and See Regulation 18537.1 for more information on carryover of contributions.)1
Candidates may not personally loan to a candidate's campaign an amount for which the outstanding balance exceeds $100,000. "Campaign" includes both the primary and general, or special and special runoff, elections. However, a candidate may loan each committee for a different office or term of office up to $100,000. A candidate may not charge interest on any such loan the candidate made to the candidate's campaign. (See Regulation 18530.8 for more information.)
Candidates may establish a committee to oppose the qualification of a recall measure and the recall election when the candidate receives a notice of intent to recall. Campaign funds raised to oppose the qualification of a recall measure and/or the recall election would not be subject to any campaign contribution limit under the Act. (See Regulation 18531.5 for more information.) A candidate for local office may open a candidate-controlled general purpose ballot measure committee to oppose or support a measure being voted on. The committee must identify on its campaign statements and reports each measure for which an expenditure of $100 or more is made. (See Regulations 18421.8 and 18521.5 for more information.)
Contributions after the date of the election may be accepted to the extent contributions do not exceed net debts outstanding from the election, and contributions do not otherwise exceed applicable contribution limits for that election. (See Regulation 18531.64 for more information.) 1 This fact sheet is informational only and contains only highlights of selected provisions of the law. lt does not carry the weight of the law. For further information, consult the Political Reform Act and its corresponding regulations, advice letters, and opinions. 2 The Political Reform Act is contained in Government Code Sections 81000 through 91014. Alt statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 181 10 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.l
www.fppc.ca.gov
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Candidates are permifted to raise contributions for a general election before the primary election and may establish separate campaign contribution accounts for the primary and general so long as candidates set aside contributions and use them for the general or special general election as raised. lf the candidate is defeated in the primary election or otherwise withdraws from the generalelection, the general election funds must be refunded to contributors on a pro rata basis less any expenses associated with the raising and administration of the genera! election contributions. (See Regulation 18531 .2for more information.) Candidates that are currently in office that are running for reelection to the same seat in an election after January 1,2021 may carry over campaign funds without attribution as mentioned above. Candidates running for a different office also do not need to do LIFO FIFO or attribution for the election immediately subsequent to the election prior to 2021 for which the money was raised.

Candidates must disclose cumulative totals of contributions received or made for each election on campaign statements. (See Regulation 18421.4 for more information.)
FAQs
A. lf a city or county does not currently have contribution limits set within their ordinance would the state contribution Iimit be the default? Yes. The state contribution limit stated above would be the default contribution limit if the city or county ordinance is silent on whether there are contribution limits within that jurisdiction or if there is no city or county ordinance in place.

B. Is there a way for a city or county to adopt "no" contribution limits for city or county elective city and county offices?
Yes. A city or county may elect to have "no" contribution limits. To do so, it must explicitly state in the city or county ordinance that there are no limits on contributions. lf it is explicit that the city or county has implemented "no" contribution limits, the state contribution limit will not apply as a default for that jurisdiction.

C. Can a city or county ordinance be less restrictive than the AB 571 limit (e.9., the city or county limit is set higher than the state limit)? Yes. A city or county can set contribution limits higher than the default state limit. a
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02/26/2024 City Council Agenda 71

D. lf a city or county imposes contribution limits, is the Commission responsible for enforcing those limits?
No. The Commission will not regulate the administration or enforcement of the penalties. Cities or counties with existing limits or that adopt their own limits are not subject to the state limit and may impose their own penalties for violations.

E. lf a city or county has voluntary contribution limits, but no mandatory contribution limits wil! the state limit be applicable? Yes. A city or county must enact mandatory contribution limits to avoid the state limit applying to elective city and county offices.

F. Does the default contribution limit also include judicial candidates? No. Elective city and county offices do not include judicial offices.

G. lf a city or county has imposed contribution Iimits for particular city or county offices (e.9., Board of Superuisors), do those limits also apply to other positions such as the District Attorney or would the default state limit apply if a particular position is not specifically addressed by the city orcounty? The default state limit would apply to other positions for which the city or county has not set contribution limits. A city or county ordinance must explicitly state the city or county contribution limits and for which elective offices those limits will apply. A city or county may adopt a general provision implementing a contribution limit for all elective city and county offices in that jurisdiction. As noted above, a city or county may also adopt an ordinance that states the city or county is adopting no contribution limits for any offices to avoid the default state limit applying.

H. Does AB 571 apply to special district or school district elections? No. AB 571 applies only to city and county elections for offices that a city or county has not implemented its own contribution limit.
l. Does AB 571 apply to the office of County Superintendent of Schools or the office of County Board of Education?
AB 571 does apply to the office of County Superintendent of Schools because it is considered a "county" office. However, the office of County Board of Education is not subject to AB 571 because it's not considered a "county" position.

J. Can candidates that are subject to the AB 571 contribution limit open an officeholder committee?
No. Officeholder committees are not permitted for candidates subject to the AB www.fppc.ca.gov
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02/26/2024 City Council Agenda 72

571 contribution limit. However, a candidate may use a committee for the officeholder's future election for officeholder expenses. A candidate may also use existing funds in the election committee for current office for officeholder expenses.

K. Does the AB 571 contribution Iimit apply to debt retirement for the 2020 election?
No. For purposes of retiring debt, the contribution limit is the one that was applicable to that election. The Act did not impose a contribution limit on city and county candidates in 2020.

L. lf a contribution was received for an election occurring after January 1, 2021, PRIOR to January 1,2021, does this contribution count towards the new AB 571 contribution limit after January 1, 2021?
No. The Commission adopted a formal opinion on April 15,2021that states contributions made prior to the effective date of AB 571 are not aggregated with contributions made on or after the effective date of AB 571 for purposes of the new contribution limit. Therefore, if someone contributed up to or above the current limit to an AB 571 committee prior to January 1,2021the same person can give additional contributions to the same committee up to the AB 571 contribution limit on or after January 1,2021.

M. lf a contributor gave $10,000 in 2O2O(priorto the AB 571 limit going into effect) to a committee for a 2022 primary election, what happens? The AB 571 contribution limit does not apply to contributions made prior to January 1,2021 so a contribution of this amount is permissible.

N. Does the AB 571 contribution limit apply to political pafi committees and small contributor committees making contributions to candidates subject to the AB 571 limit?
Yes. Political parties and small contributor committees are only permitted to give contributions to candidates subject to the AB 571 in amounts up to the applicable AB 571 contribution limit for that candidate.

O. Does the AB 571 limit apply to county central committee candidates? No. AB 571 imposes a contribution limit on city and county elective offices when a localjurisdiction has not already done so. Localjurisdictions are prohibited from placing contribution limits on county central committee candidates; therefore, AB 571 is not applicable to those offices.
www.fppc.ca.gov
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FPPC Ed Pro 086-11-2023 Page 5 of 7
02/26/2024 City Council Agenda 73

P. lf an election was held in November 2023, but resulted in the need for a run-off election to be held in February 2024, how would the contributions be treated under AB 571?
The run-off election is considered a new election. lf a contributor gave any amount to an AB 571 candidate for the November 2023 election, the same contributor would still be permitted to contribute up to $5,500 (the AB 571 limit) to the same candidate for the February 2024 run-off election.

Q. An AB 571 candidate for city counci! would Iike to send out a request for contributions to their constituents. Do they need to include anything specific in the request?
Yes. A candidate that is subject to AB 571 must have the following information in the solicitation: the name of the controlled committee soliciting contributions, and the specific office for which those contributions will be used.

R. lf an AB 571 candidate is the subject of a recall, is their committee to oppose the recall subject to contribution limits?
No. There are no contribution limits for a committee controlled by a candidate that is the subject of a recall that is formed to oppose the recall.

S. An AB 571 candidate has debts for an election held after January 1,2021, firy the candidate terminate their committee?
No. lf a candidate-controlled committee has outstanding debts for an election held after January 1,2021, they may not terminate without resolving or paying off the debt. When the committee has no net debts outstanding, the committee must be terminated within 24 months after the earliest of the date the candidate is defeated, leaves office, or the term of office for which the committee was formed ends, or, for withdrawn candidates no later lhan 24 months after the election from which the candidate withdrew. Please see Regulation 18404.1 for more on termination requirements for committees subject to AB 571.

T. If a localjurisdiction, which is subject to AB 571, passes a local campaign contribution ordinance, are the candidates still subject to AB 571? No. They would no longer be subject to AB 571.
www.fppc.ca.gov
FPPC advice: [email protected] 1 .866 .27 5.3772
FPPC Ed Pro 086-11-2023 Page 6 of 7
02/26/2024 City Council Agenda 74

lndex of Regulations and Government Codes:

FPPC Regulations:
18404.1
18421 .4
18421 .8
18521
18521 .5
18523.1
18530.2
18530.8
18531 .2
18531 .5
18531 .61
18531 .63
18531.il
1 8535
1 8536
1 8537.1
18545
1 8951
Government Code(sl:
8530 1
85303
8530 4.5
85305
85306
85307
8531 5
8531 6
8531 7
8531 8
85702.5
www.fppc.ca.gov
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FPPC Ed. Pro 086-1 1-2023 Pag e 7 of 7
02/26/2024 City Council Agenda 75

Agenda Item No.

CITY OF YUCAIPA

AGENDA REPORT
Honorable Mayor and City Council
N Phil white, Director of Finance
Y$yan Blackerby, Deputy Director of Finance
City Council Meeting of February 26,2024
Fiscal Year 2023-24 Mid-Year Budget lJpdate
FIIOM:

FOR:

SUBJECT:

RECOMMENDATION:

That the City Council:
l. Review the Fiscal Year 2023-24 Mid-Year Budget Update; and

2. Amend the Adopted FY 2023-24 General Fund Budget by increasing budgeted expenditures by $1,557,600; and increasing budgeted revenues and transfer-ins by $1,169,000; and

3. Amend the Adopted FY 2023-24 Fire Fund Budget by increasing budgeted expenditures by $109,000; and

4. Amend the Adopted Capital Improvement Plan by increasing budgeted expenditures by $ 1,135,000 and increasing budgeted revenues by $635,000, as well as coresponding technical transfers; and

5. Approve the procurements with Best Contracting Services, Inc. (senior center roof) and RDO Equipment Company (Chipper) in accordance with the City's Purchasing Policy; and

BACKGROUND:

The purpose of the Fiscal Year 2023-24 Mid-Year Budget Update (FY24 Mid-Year) is to provide a financial status update to the adopted budget and provide a basis to revise budget figures. This review is also performed to ensure that actual expenditures do not exceed legal appropriations, as approved by the City Council. Legal appropriations reflect the resources that Council has authorized in the budget for allocation.
9 02/26/2024 City Council Agenda 76

DISCUSSION:

The Adopted Budget is a dynamic document reflecting the spending plan for the City. In lune 2023, the City Council adopted the FY 2023-24 Budget for all accounting funds of the City.

GENERAL F'TJND BTJDGET TJPDATE
The FY 2023-24 actuals are provided to provide additional analysis. The budget-to-actual comparison is updated throughout the year. As of December 31,2023, budgeted General Fund inflows compared to actual inflows are as follows:

Revenues
Property Iaxes
Sales and Use Tax
Franchise Fees
Other Revenues
Transfers-!n
AnnuaI
Budget
s 9,166,000
s 5,548,294
s 1.538,000
S 12.903,309
s 3,865,587
Thru December
3l Estimate.{
4,583,000
2,774,747
769,000
6,451,654
1,932,794
Thru December
3l Actuats

4.948.902
1,397,020
305.062
4,462,465
$
$
S
s
S
Difference fr/otes
$ 365,902
$ 11,377,1271 Monthly payments recelyed 2-3 months in arrears $ (463,939)
$ (1,989,190) $S.a M in MotorVehicle ln-Lieu Received in lanuary s - Transfers to be posted in Q4
TotalRevenuesandlranslers-ln S33,021,190 S 16,510,595 $ 11,113,449 $ (3,464,352) Property taxes, sales and use tax, and franchise fee revenue are tracking budget as receipts in the 4th quarter are proportionally greater than earlier in the year. Other revenues benefited significantly from a large receipt of Motor Vehicle In-Lieu received in January. Transfers will be posted during the 4th quarter and are anticipated to track budgeted amounts. Overall, actual revenues are closely tracking estimated revenues.

Expenditure comparisons by department for the General Fund are provided through December 2023 below:

Expenditures
City Manager
City CounciI
Engineering
Generat Services
GovernmentaI Affairs
Finance
Community Services
Community Development
Potice Services
Pubtic Works
Non-Department and
Transfers-Out
Total Expenditures and
An.nual
Budget
s 1,339,621
$ t27,427
s 7,247,157
s 1,412,588
s 716,727
s 2,122.629
s 5.642.394
$ 2,930,714
s 13,823,116
$ 2,681,642
Thru December
31 Estimated
Thru December
31 Actuals Ditference
$ L76,567
S 7,943
$ (68,304)
s 433,848
$ 66,393
$ 308,588
s 108,825
$ ts4J2t
s 1,454,639
$ L45,748
S
$
$
$
S
$
S
$
$
$
$
669,810
63,714
620,578
706,294
358,360
1,061,314
2,821,197
1,465,357
6,911,558
1,340,821
s 493,243
s 55,77L
$ 688,882
s 272,446
s 291,967
s 752,726
s 2,712,372
$ 1,310,636
$ 5,456,919
s 1,195,073
s 8,079,005 4,039,503 S 912,133 S 3,727,370
Transfers-Out $ 40,117,013 $ 20,058,506 $ t4,t42,168 $ 5,916,338 02/26/2024 City Council Agenda 77

Police Services are primarily based on a contract with the County of San Bernardino which is invoiced monthly. The timing of receipt of those invoices can delay expenditure recognition. For all departments, actual costs are closely tracking the spending plan. Based on this comparison and the detail used to compile it, budget adjustments have been determined to be needed. The following increases to the General Fund expenditure budget are being requested:

Description
AdditionaI anticipated operating expenses
AdditionaI antic ipated operating expenses
Path to Batance Campaign
Fave Winds FestivaI spec iaI event expenses
AdditionaI antic ipated operating expenses
AdditionaI utitities expense
Tractor procurement
Add itiona I a rrtic ipated ope rating expenses
AdditionaI antic ipated operating expenses
AdditionaI antic ipated operating expenses
STARS Programming
AdditionaI a ntic ipated ope rating expenses
Additiorra I a lrtic ipated ope rating expenses
AdditionaI antic ipated operating expenses
Additionat anticipated operating expenses
Division
Community Center Gym (CS)
Community Center Gym (CS)
Fana nc e
SpeciaI Events (CS]
Five Winds Ranch (CS)
Non-division
Pubtic Works
Senior Services (CS)
Spec iaI Events (CS)
sTARS (CS)
sTARS (CS)
Winterfest (CS)

YPAC (CS)

YPAC (CS)
Type
Expense
Expense
Expense
Expense
Expense
Expense
Expense
Expense
Expense
Expense
Expense
Expense
Expense
Expense
Expense
Type Addtn'l lnfo
Transfer-ln CIRA Ftexibte Spending
Reve nue
Revenue
Revenue
lncrease
$ 15,4oo.oo
$ 5,ooo.oo
$ 2o,ooo.oo
$ zts,ooo.oo
$ 1,1oo.oo
$ 40,000.00
$ tao,ooo.oo
$ 4,900.00
$ 18,ooo.oo
$ 1o,ooo.oo
$ 1,ooo,ooo.oo
$ 2,2oo.oo
$ 3o,ooo.oo
$ 2o,ooo.oo
$ G,ooo.oo
Totat: $ 1,557,600.00
In addition, the following increases to the General f'und revenue budget, including transfbr-ins, are being requested:

Description
Transfer-ln fronr Setf lnsurance Fund
Ctass registration revenue
C[ass registration revenue
Reimbursement f rom Schoo[ District
Division
Conrmunity Center Gym (CS)
Senior Services (CS)

STARS (CS)
lncrease
$ 140,ooo.oo
$ 22,000.00
$ 7,ooo.oo
$ 1,000,000.00
Tota[:s 1,169,000.00
F'IRE FTJND BI.JDGET IJPDATE
As of December 3 1 ,2023, budgeted Fire Fund inflows compared to actual inflows are as follows.

Annual
Budget
Thru
December 31
Estimated
Budget
Thru
December 31
Actuats
Revenues
Property Taxes
Sales and Use Tax
Franchise Fees
Other Revenues
Transfers-ln
4,600,000 2,300,000 s 2,664,793 364,793 Primarily received in 2 installnrents - tracking budget Difference lVotes
225,623 [icenses and Permits tracking higherthan budget - Translers to beposted in Q4
$
$
$
$
$
358,668
600,000
179,334
300,000
404,957
Total Revenues and Transfers-ln $ 5,558,668 $ 2,779,334 $ 3,069,750 $ 590,416 S
S
S
S
02/26/2024 City Council Agenda 78

Actual revenues are closely tracking estimated revenues in the Fire Fund.

Expenditures
Fire Services
Transfers-Out
Annuat
Budget
S 6,157,462
s 1,833,126
Thru
December 31
Estimated
Budget
Thru
December 31
Actuals
$ 3,078,731
$ 916,563
S
S
358,627
Difference
$ 2.720,7O4 Tracking budget - timing depends on receipt of invoices $ - Transfers to beposted tn Q4
TotaI Expenditures and
Transfers-Out $ 7,ggo,5gg $ 3,995,294 $ 359,627 $ 2,72OJO4 Fire Prevention services is invoiced quarterly and while a delay in receiving invoices throws the analysis off, it is anticipated that annual costs will closely track the spending plan.

The following budget adjustments are being requested in the Fire Fund Description
Battalion Chief Velric [e
FueI
Emergency roof repair, Fire Station 3
Division Type lncrea se
Fire Services Experrse $
Fare Services Expense $
Fire Services Expense $
55,000.00
40,000.00
14,000.00
Totat: $ 109,000.00
CAPITAL IMPROVEMENT PLAN BTJDGET {JPDATT
The following budget adjustments are being requested in the Capital Improvement Plan Project Description Proiect Fund
7th Street Rehab Misc. Capitat Profects Fund (620)
7th Street Rehab Misc. Capitat Projects Fund (620)
10th Street Storm Drain Misc. Capital Projects Fund (620) 10th Street Storm Drain Misc. Capital Projects Fund (6201 Scherer Sr. Center Roof & Ftoor CDBG - Capital (600)
Scherer Sr. Center Roof & Floor CDBG - Capital (600)
Project # Type Funding Source Description
New Project Expenditure
New Project Funding Source Capitat Projects Fund (610). Transfer-ln from New Project Expenditure
New Project Funding Source CFD 98-1. Transfer-ln from
C10015 Expenditure
C10015 Funding Source CDBG Grant
lRevenue lncreasel
Expenditure lncrease /
500,000.00
(500,000.00)
485.000.00
(485,000.00)
150.000.00
(150,000.00)
The 7th Street Rehab project is a new project, and funding will come from fund balance in the Capital Projects fund.

The l0tl' Street Storm Drain project is a new project, and funding will colne from proceeds from the CFD 98-l bond refunding.

The Scherer Sr. Center Roof & Floor is an existing project to which the above amount is requested to be added. There is CDBG grant revenue identified for this purpose and will take the project total authorized budget from $203,951 to $353,951, all funded by CDBG grant funding.

PROCI.JREMENTS
City staff is requesting authorization to procure the following items 02/26/2024 City Council Agenda 79

The City is currently using a tractor fbr maintenance throughout the City, but primarily at El Dorado Park. The skip loader is being rented from Sunstate Equipment Rental and the City would like to extend that rental through the fiscal year at approximately $2,500 per month.

A Skip Loader from Quinn Equipment, $140,000 - to be utilized fbr storm clean up, trash removal, trail maintenance, field renovation, and much more. To replace the current rental equipment. Quinn is the local Caterpillar dealer, and staff believes Caterpillar's superior quality, lower operating costs, fewer maintenance issues, excellent fuel efficiency, and compliance with State emissions requirements make it impracticable and uneconomical to pursue other vendors in competitive procurement procedure. Staff requests Council dispense with competitive procurement procedures as fbund in Section 2.24.060 of the City of Yucaipa Municipal Code.

This procurement will be funded through the City's risk management pool participation. Once received, the skip loader will replace the rented tractor.

A contract with Best Contractinq Services. Inc. for the Senior Center Roof, $309.800 - This Project was advertised for bids on December 21,2023. On January 25,2024, two (2) sealed bids were received and Best Contracting Services, Inc. (BCS) of Gardena, CA, is the apparent responsive low bidder. Statf has reviewed the bid documents and determined that the documents meet the requirements of the construction contract specifications. BCS has performed similar work for other agencies, 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 to Best Contracting Services, Inc. in the amount of $309,800. This project is being funded with CDBG funding.

A Vermeer BC 1500 heavy duty woodchipper. $92.273 - to be utilized for resource management projects within the Fire Department's spere of influence from RDO Equipment. Purchase will be made as a cooperative procurement via Sourcewell.

A truck fbr the Battalion Chief - this procurement was previously authorized however the vendor could not deliver the equipment. Johnson Equipment is able to deliver the truck at a cost of $55,365.

Prosramming for the Community Services STARS proqram - this program received additional funding from the school district. This sole source procurement with Express Events will authorize an "experience" at each of seven school sites with an estimated cost of $90,000.

FISCAL IMI'ACT:

In the General Fund, the current revised budgeted outflows exceed the budgeted inflows by approximately $7.1 million. After the approval of these requested budget adjustments, this net budgeted outflows over inflows would increase to approximately $7.5 million.

In the Fire Fund, the current revised budgeted outflows exceed the budgeted inflows by approximately $2.4 million. After the approval of these requested budget adjustments, this net budgeted outflows over inflows would increase to approximately $2.5 million. 02/26/2024 City Council Agenda 80

The expenditures for the new 7th Street Rehab project in the Miscellaneous Capital Projects Fund (620) will be covered with a transfer from the Capital Projects Funds (610), which currently has sufficient available positive balance. The fund balance in 610 will decrease by the amount of these additional expenditures ($500k).

The expenditures for the new l0th Street Storm Drain project in the Miscellaneous Capital Projects Fund (620) of $485,000 will be covered with a transfer from the CFD 98-l fund. This fund has this positive balance due to proceeds from the recent bond refunding.

The additional expenditures for the Scherer Senior Center Roof & Floor project in the CDBG capital projects fund is funded by CDBG funds.

Approved By
02/26/2024 City Council Agenda 81

Agenda Item No.

CITY OF YUCAIPA

AGENDA REPORT
Honorable Mayor and City Council
OPhil white, Director of Finance
ftnyan Blackerby, Deputy Director of Finance
City Council Meeting of February 26,2024
Fiscal Year 2024-25 Budget Preparation
FROM:

FOR:

SUBJECT:

RECOMMENDATION:

That the City Council receive an update on the budget preparation fbr Fiscal Year 2024-25 DISCUSSION:

Last year at about this time, City staff was beginning the preparation of the Fiscal Year 2023-24 (FY24) Budget. That process included improvements to the City's budget process. The City's new Financial Enterprise Resource Planning (ERP) software was used for the first time to facilitate city-wide collaboration - including data collection, consolidation, and review - and was a key instrument in delivering a more understandable and simple budget document.

This year, City staff have already begun preparation for the Fiscal Year 2024-25 (FY25) Budget and are implementing additional improvements to further the clarity and usefulness of the document. The goal is to produce a final budget document that is yet more transparent, understandable, accessible, and satisfies the criteria defined by municipal finance associations for achieving excellence in budget presentation.

New Fund Structure
The FY25 Budget will reflect a new fund structure. A new Public Safety Fund will be used and include all public safety budgets of the City in one fund: Police, Fire, Paramedic and related administrative costs. This new fund is a consolidation of the current Fire Fund, the Paramedic Fund, and a portion of the General Fund that is Police Services and public safety administrative costs.

Additionally, the City is simplifying its capital reporting structure. The ten capital projects funds that are currently reported will be replaced with one fbr financial reporting. As part of that consolidation, we have revisited the use of fund types and determined that certain funds should be reported as special revenue funds rather than capital projects funds. Additionally, certain interfund Page I o1'2
10 02/26/2024 City Council Agenda 82

FISCAL IMPACT:
balances that are delaying the execution of our fiscal plan will be written down as appropriate allowing the resulting accounting funds a "fiesh start" going fbrward.

See Attachment I for a presentation of the balance sheets of these funds as reported for the year ending June 30, 2023, compared to a proforma balance sheet using the same data, only presented under the new fund structure with written-down interfund balances.

New Budget Docllnrent Presentation
Staff plans to roll out a new digital budget book with the FY25 Budget. The book will be website- based, interactive and easily accessible to any reader. The goal is to provide enhanced readability, understandability, and accessibility of the City's budget.

Projected Major FY25 Budget Preparation Dates
- Tuesday, February 6tl'- City staff department budget request entry begins - Thursday, March 14th - City staff department budget request entry ends - Monday, April l5th through Thursday April lSth - Council Budget Workshop & Community Meeting (anticipated this week)
- Monday, May l3th - FY25 Draft Budget to Council
- Monday, June lOth - FY25 Final Budget to Council
The recommendation has no fiscal impact.

Attachment:

1. Actual vs. Proforma Comparison of 6/30/23 Governmental Fund Balance Sheets Approved by
.- :-

Page 2 of 2 ends

02/26/2024 City Council Agenda 83

ATTACHMENT 1
02/26/2024 City Council Agenda 84

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02/26/2024 City Council Agenda85

TO:

FROM:

FOR:

SUBJECT:

Agenda Item No

CITY OF YUCAIPA

AGENDA REPORT
Honorable Mayor and City Council
Fermin Preciado, Director of Development ServiceVCity Engineer/fr Benjamin J. Matlock, Deputy Director of Community
Christian Farmer, Assistant Plann er Cf
Plannery't-
City Council Meeting of February 26,2024
Gateway Commercitl Plaza (Case No. 23-094/CUP/ARC/DA); A Conditional Use Permit and Architectural Review for the final phase of the Yucaipa Gateway Project that includes the development of a 1,500 square foot drive-through coffee shop and a 2,492 square foot drive-through restaurant on approximately 1.95 acres, the continuation of the Yucaipa Gateway Project located at the southwest comer of Oak Glen Road and l4th Street. The applicant also proposes an amended Development Agreement with the City to reflect the current Project and updates.

APN: 0301-182-l I and 12, and 0301-183-18, 19,20 and2l
RECOMMENDATION:

That the City Council conduct a public hearing and consider the Planning Commission's recommendation to:
l. Approve Conditional Use Permit No. 23-094, and if acceptable, the Architectural Design and conceptual landscaping, subject to the Conditions of Approval as contained in the Agenda Report; and

2. Adopt the Findings as contained in the Agenda Report; and

3. Approve the introduction and first reading of Ordinance No. 442, an Ordinance of the City Council of the City of Yucaipa, California, rescinding Ordinance No. 335 and adopting an Amended Development Agreement between the City of Yucaipa and ACAA, a Limited Liability Partnership, to enable the continued development of a unified commercial center at the southwest corner of Oak Glen Road and l4th Street, with the new agreement memorializing changes to the site design and utility improvement responsibility and the amended development agreement as part of the proposed project; and

5. Direct Staff to file a Notice of Determination
BACKGROUND:

Surrounding Land Uses:

Area Land Use District Designations; Improvement Levels (lL); and existing land uses:

Site CS (Service Commercial)
IL- I
Existing Convenience Store Gas
Station and Carwash, Existing
three-story hotel
North:FW (Floodway) and CS (Service
Commercial)IL-I Wilson Creek Channel and various
commercial
South:FWY (Freeway) and CR (Regional
Commercial) within the FWCSP
(Freeway Corridor Specific PIan)
IL-I
lnterstate l0 Freeway and vacant
land
East OS (Open Space) and CR (Regional
Commercial) within the FWCSP IL-I Vacant
West:FW (Floodway) and CS (Service
Commercial)IL-I
Wilson Creek Channel, single
family residences, and industrial
USCS
Prior Actions:

On November 19, 2014, the Planning Commission approved Case No. l4-016 for a commercial center that included a three-story 92-room hotel of approximately 51,843 square feet, a combination restaurant and office building of approximately I 1,250 square feet, a drive+hrough restaurant of approximately 3,677 square feet, and a convenience store, car wash, and gas station of approximately 4,669 square feet to be developed over four phases. A draft Development Agreement was also reviewed as part of the proposed Project, and was approved by the City Council on February 23, 2015. As part of the Project approval, the Planning Commission adopted a Mitigated Negative Declaration (lvtND) which had considered the potential environmental impacts that could occur as a result of the development of this Project. All available evidence indicated that any potentially significant impacts could be mitigated to a less- than-significant level, and the mitigation measures were incorporated into the Conditions of Approval for the Project.

During this initial approval, Phase I of the Project, which consisted of the fuel station, was constructed. To maintain an active entitlement, the Planning Commission approved Case No. l8- 150 at their regular meeting of February 20,2019. Phase II of the Project, which consisted of the hotel, was developed under that entitlement. The current entitlement has since expired, and the applicant has submitted Case No. 23-094 to develop the final two building pads for the site. 02/26/2024 City Council Agenda 87

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Previously approved site design, Case No. l8- I 50
During the course of development, Case No. I6-016/ARC was also submitted to change the architectural design of the previously-approved gas station canopy. The revised canopy design has been constructed; however, the additional site architectural features, including decorative pilasters and craftsman-inspired columns adjacent to the station's frontage along 14th Street and Oak Glen Road included with Case No. l6-016, have not yet been constructed. The Project plans for Case No. 23-094 note that those features are to be installed.

Pl indicates previous location, P2 indicates new location.

Case No. 22-008 was also submitted for the freeway-oriented sign, which was originally approved at the northeast comer of the parcel. The sign is proposed to be moved approximately d
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02/26/2024 City Council Agenda 88

200 feet to the south of its original location as required by site soils tests as well as a general placement of the site's storm water quality management basin. The design of the sign is otherwise consistent with the Planning Commission approval. The applicant has provided a flag test for the altemate location, which had initially been considered, but not chosen due to the more limited freeway visibility.

Plannins Commission Heorins cor Case No. 23-094:

The proposed Project was reviewed at the regular Planning Commission Meeting of February 7, 2024, and was unanimously recommended for approval.

DISCUSSION:

Location and Seffins:

The subject site consists of the remaining 1.9 acres of the total 6.92 acres representing the entire uniform commercial center, located west of Oak Glen Road, south of 14th Street. The site was previously occupied with Angel's Roadhouse and the Mystical Memories Banquet facility. Four (4) parcels combine to create a general rectangular-shaped site bounded on the east by l4th Street, the north by Wilson Creek Flood Control Channel, and on the southwest by the I-10 Freeway embankments created by the construction of the freeway overpass are located along the site's westem boundary. The site is currently improved with an existing gas station, carwash and a 92-room, three-story "La Quinta" hotel, as well as all required phased improvements.

The project site is currently located within three (3) separate Federal Emergency Management Agency (FEMA) designated conditions: Floodway, 100-year flood plain, and 500-year flood plain due to the constricted width of the Channel at Dunlap Boulevard. The Dunlap Boulevard Bridge adjacent to the project site narrows the Channel width potentially causing storm water flows to encroach to the east/north portion of the project site. Land within the Floodway designation precludes development, while development can occur within the 100- and 500-year flood plains provided the site is raised above the base flood elevation (either the 100- or 500-year flood levels as determined by FEMA) and the improvements/construction would not change the floodway boundaries or adversely affect downstream properties. Previously developed City-wide drainage projects and a new bridge for access onto Dunlap Boulevard will remove these flood plain designations. The construction of the bridge improvements is currently underway, with the fl ood-related issues already resolved.

Proiect Design and Description:

The approval of a Conditional Use Permit is requested for the continued development and modifications to the final phase of the Yucaipa Gateway Project. Previous phases, which have been completed, include a gas station and car wash, a three-story ,92-unit hotel, and the requisite site improvements. Phase I and Phase II of these approved uses have received occupancy; however, through the construction of the project, engineering constraints were encountered that required the applicant to alter their Water Quality Management Program (WQMP), which required modifications to Phase III and [V of the Project. 02/26/2024 City Council Agenda 89

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Proposed updated layout
The location of the Project's WQMP basin necessitated that Phase IV, the construction of an approximately I 1,250 square foot restaurant and office building, be removed to accommodate a new parcel containing a stormwater retention basin, which has been constructed. Subsequently, the applicant provided a modified design for the remaining phase, Phase [I[, which now includes a drive-through coffee shop to be combined with the previously approved drive-through restaurant. The new Phase III design will now be the final phase of the project and will include all improvements and Conditions of Approval tied to Phase IV. The proposed uses for the modified Phase tll of the Project are considered Retail Trade/Personal Services and Professional Services under Section 84.0230, Commercial Land Use Types of the City Development Code.

As a Condition of Approval, this project will be required to process a Lot Line Adjustment or Tentative Parcel Map to realign the parcels. As noted in the background section of agenda report, the proposed freeway-oriented freestanding sign is also proposed to be relocated.

Drive -Through Re s taurant :

Phase III includes a drive-through restaurant, which is largely consistent with the previously approved drive-through restaurant, although the new layout has been reduced in size from approximately 3,677 square feet to 2,535 square feet. This consists of the development of a drive-through restaurant located centrally along the western portion of the site. The restaurant has been designed to allow the drive-through aisle to wrap around the rear of the building, adjacent to Oak Glen Road, and has a stacking capacity of eight (8) vehicles to minimize vehicles encroaching into the drive aisles.
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02/26/2024 City Council Agenda 90

Dr ive -Thro ugh C o-trb e Shop :

The modified Phase III also consists of the development of an approximately 1,500 square foot drive through coffee shop. The coffee shop has been designed to allow the drive-through to wrap around the building and to provide stacking capacity for up to 16 vehicles and is located along the southem portion of the project along side Oak Glen Road and the I-10 Freeway.

Site Access:

The site plan provides for three (3) points of access: Dunlap Boulevard, l4th Street, and Oak Glen Road. Oak Glen Road is designated a Major Highway with l04-foot-wide right-of-way.

Oak Glen Road is fully improved consistent with City standards. In addition, a right-turn lane for the development was constructed during Phase I of the Project and permits the right-turn entry and exit for the site. 14th Street is designated a Secondary Highway with 88-foot-wide right-of- way. The full righrof-way for 14th Street is provided and is also fully improved, and this entrance provides for the full movement to enter and exit the site. The site will also allow for pedestrian access along Dunlap Boulevard with the completion of the pedestrian and vehicular exit bridge located at the northern portion of the Project site.

Architectural Review:

The applicant has submitted an architectural design package, which was reviewed by the Planning Commission and recommended for approval of the architecture for Phase III of the Project at this time, as required in the Conditions of Approval.

Dr ive -Through Re s t aurant :

The proposed drive through restaurant is consistent with the prior approved design; however the building has been reduced to 2,535 square foot with an approximate footprint of 35 feet by 73 feet.

The building has been designed to tie in with the remainder of the unified commercial center and includes a Tuscan design, including arched doorways, shuttered windows, faux wood trellis and Spanish style tyle roof. The building has a painted stucco fagade with a variety of colors. The primary color is proposed to be "Milk Mustache" with earth colored accent colors including "Crisp Muslin" and "Buckskin". In addition, the building includes a variety of tile veneer, decorative doors and faux wood framing along the windows with wood corbels along the tower and windows. The building includes attached metal elements and decorative light sconces to provide additional architectural detail.
02/26/2024 City Council Agenda 91

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Drive Through Restaruant
Drive-Through Cqf Shop:

The proposed coffee shop has a footprint of approximately 4l.l feet by 33.3 feet and has been designed pursuant to the City of Yucaipa's Design Guidelines with respect to architectural detail and fagade articulation. The building has been designed to tie features of unified commercial center, using the general design and colors of the previously designed center. Generally, the building is 18 feet tall with a peak height of 22 feet at the top of the parapet. The building features a mixture of colors and materials designed to tie in with the surrounding development including an earth color stucco fagade, painted "Functional Grey" with "Rustic Ledge" stacked stone veneer along pop out features on the front, sides and rear of the building. The northern elevation includes a tower element with horizontal faux wood siding, stacked stone at the base and a wraparound metal canopy that extends along the side elevations painted a "Prefinished Black," and is intended to tie in the existing "La Quinta" hotel tower design. The roof features a variation of height and includes metal coping banded along the top to be painted "Knights Armor". The building provides enhanced decorative light sconces along the perimeter of the building. The building also provides a pop out along the rear elevation to provide additional articulation. The applicant has indicated that the rear elevation will feature additional branding elements to be included when the final tenant takes over, including signage.
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The preliminary landscaping plan has been designed to complement the building design and provide a visual screen along the perimeter of the site. The plant palette is consistent with the plant palette included in the Citywide Design Guidelines and includes trees such as Crape Myrtles and Chinese Elms, as well as smaller shrubs to complement the overall palette. A basin will be constructed at the center of the site which will help slow the flow of runofffrom the northeast to the southwest portion of the site onto l4s Street. The landscaping has been conditioned to meet the City's Water Conservation Ordinance. A key focus for the landscaping design is to enhance the area of the detention basin and its overall appearance from Interstate l0 and the adjoining on-ramp.

Development Agreement Amendment:

The applicant had originally requested the use of a Development Agreement with the City, which was initially approved by the City Council on February 23,2015. A general explanation of a Development Agreement is provided below utilizing an excerpt from State law. Since the initial approval, minor amendments have been proposed to address changes that have occurred to the project, including a revised timeline of development. The applicant and City are working on a draft amended Development Agreement to identifu who is responsible for particular improvements and actions and the timing of those activities. This item was recommended for approval by the Planning Commission.

Development Agreement - Sample Provision
Section 65865.2 of the California Government Code provides that "A development agreement shall specifu the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time." A draft copy of the amended Development Agreement is attached for City Council's reference.

The changes include the updates to the site design and updates to the utility relocation provisions. To address those items, the City and Applicant have prepared an update to the Development Agreement that is being processed concurrently with the site plan and architectural review of the final phases. The utility provisions were conceptually addressed as part of a Memorandum of Understanding adopted at the City Council Meeting of February 27,2023, which allowed the design process with Southern California Edison to begin as that process is subject to significant time delays.
02/26/2024 City Council Agenda 93

Consistencv with the General Plan and Development Code:

The proposed project is located within the CS District. Contained below is an evaluation of the proposed Phase III and its consistency with adopted development standards.

CRITERIA PROPOSAL

COMPLIANCE WITH GENERAL

PLAN AND DEVELOPMENT
CODE
Land Use Drive-through coffee shop and
restaurant as the final phase of the
Yucaipa Gateway Project
Yes. The General Plan and Land [Jse
District conditionally permit Retail
Trade/Personal Services, and
Professional Services land uses.

Building
Height
Phase III includes two (2) proposed
separate structures:
o Drive-through restaurant: 26' -4."
. Drive-through coffee shop: 22'
Yes. The CS District permits a
building height of 45 feet.

Building
Setbacks
The proposed building setbacks are
as follows:
. Front yard: 50 feet
o 14th Street Side yard : 57 feet to
gas station canopy.
o Freeway Side Yard: 120 feet
o Rear yard: 12 feet to existing
hotel.

Yes. The Development Code requires:
. 1S-foot Front Yard (Oak Glen
Road)
o 15-foot Street Side Yard ( 14th
Street and I- 10 Freeway)
. l0-foot Rear Yard
Lot
Coverage
o Building Coverage: 5.1 percent.
o Lot Coverage: 55.9 percent.
. Site Landscaping: 39 percent.

Yes. The CS District allows a
maximum building and lot coverage of
65 percent and 90 percent,
respectively. This standard provides
for the balance of the lot coverage ( l0
percent) to be landscaped. The
proposed Proj ect exceeds this
requirement.

Parking
Spaces
69 total parking spaces provided,
with 32 required for this phase:
o 4 handicapped parking spaces
Yes. The Development Code requires
the following:
o Restaurant/Coffee Shop (Yes):

One ( 1) parking space is required
for every 50 square feet of seating
area, or one ( I ) parking space per
100 square feet of total floor area
(where seating area has not been
defined).
02/26/2024 City Council Agenda 94

The project meets or exceeds the City's General Plan and Development Code standards for the above referenced items as well as for access and site design.

In addition, the proposed Project supports a number of General Plan policies. These include the following:
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CDL-1.2 Places for Commerce. Provide sites for a range of commercial uses, including shopping, dining, entertainment, and offices that provide a strong employment base and offer local services; improve commercial properties along I-10 through infrastructure, aesthetics, and development strategies.

CDL-8.1 Land Use Mix. Preserve the Dunlap Industrial Corridor for an appropriate mix of industrial and service commercial businesses that can improve employment opportunities in Yucaipa.

CDL-10.1 Development Review. Implement and adhere to development review procedures and design guidelines in the City of Yucaipa Municipal Code that advance the visual quality of the community.

CDL-10.4 Design Variation. Encourage identifiable architectural designs, design variations, and well-planned projects that are visually interesting, neighborhood or district oriented, and well integrated with the surroundings.

CDL-10.7 Basins. Design retention/detention basins to be visually attractive, with natural landscaping and a public use component such as trails, and well integrated with any associated project and with adjacent land uses.

CDL-10.9 Building Materials. Use high-quality, natural building materials that evoke a sense of quality and permanence, such as stucco, plaster, stone, and wood; natural colors and textures are preferred.

CDL-10.16 Building Setbacks. Require setbacks and other design elements to buffer residential units to the extent possible from the impacts of abutting roadway, commercial, rural, and industrial uses.

ED-l.l Employment and Revenue Focus. Invest public resources and exercise discretionary land-use authority to support the retention, expansion, and attraction of businesses that generate a higher number of jobs per acre and higher net municipal revenues per acre.

ED-2.5 Tourism. Promote tourism to provide market support for shopping, dining, and entertainment in Yucaipa. Working with business and civic groups, develop a complete tourism infrastructure, including marketing, public relations, wayfinding, and an array of lodging.

Processing and Procedural Actions:

Notices of the project were sent to all surrounding property owners within a 300-foot radius of the project site and a notice for the City Council was posted in the February 16,2024, edition of the Yucaipa News Mirror. During the project noticing, one (l) response was received from the San Bernardino Flood Control District, requesting that the City provide Conditions of Approval for any work within Flood Control District Property. These have been incorporated into the Conditions of Approval.
02/26/2024 City Council Agenda 95

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Environmental Review:

A Mitigated Negative Declaration (lvtND) was prepared and adopted by the Planning Commission as part of the original project approval. The MND prepared for this Project had considered the potential environmental impacts that could occur as a result of this Project. All available evidence indicated that any potentially significant impacts can be mitigated to a less- than-significant level, and these mitigation measures were incorporated into the original Conditions of Approval that were proposed for this Project. Public Resources Code $15162(a) indicates that no subsequent MND shall be required for a project when the following findings can be made:
o
No substantial changes are proposed in the project which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and Substantial changes did not occur with respect to the circumstances under which the project will be undertaken which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous MND was certified as complete shows any of the following:
o The project will have one or more significant effects not discussed in the previous MND;
o Significant effects previously examined will be substantially more severe than shown in the previous MND;
o Mitigation measures previously found not to be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure; or
o Mitigation measures or altematives which are considerably different from those analyzed in the previous MND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure.

Considering the lack of significant or substantial change in existing conditions, following their review, the Planning Commission recommended that the City Council find that this project requires no further environmental analysis based on the findings contained in Section 15162 of the CEQA Guidelines. There have been no substantial changes to the Project and the Project remains within the scope of the Mitigated Negative Declaration originally adopted for the Project. The original mitigation measures that were adopted for the Project have been included as part of the Project's Conditions of Approval.

CONCLUSION:

The proposed Conditional Use Permit is consistent with the Yucaipa General Plan, Development Code, and adopted standards. Appropriate conditions of approval have been applied to the 02/26/2024 City Council Agenda 96

project to ensure compliance with City, state, and federal regulations. The required findings for approval of the Conditional Use Permit have been made and are attached.

Attachments:
l. Conditional Use Permit Findings

2. Land Use District and Location Map

3. Site Photos

4. Conditions of Approval

5. Draft Ordinance 442

6. Draft Amended Development Agreement

7. Draft Planning Commission Minute Excerpt from February 7,2024

8. San Bemardino County Flood Control District Letter

9. Project Plans
Approved
02/26/2024 City Council Agenda 97

ATTACHMENT 1
02/26/2024 City Council Agenda 98

FINDINGS: CONDITIONAL USE PERMIT NO.23-094
l. The proposed project will not have a significant impact on the environment because the required mitigation measures will reduce the potential level of impact to less than significant.

2. The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping, and other features pertaining to the application, because the site is large enough and the design is configured to accommodate the proposed Project and accompanying features.

3. The site for the proposed use has adequate access, meaning that the site design incorporates appropriate street and highway limitations, because the site has right tum only ingress/egress from Oak Glen Road, full tuming movements onto and from l4th Street, and an additional exit and pedestrian connection from Dunlap Boulevard, and the site provides for intemal reciprocal access onto each existing and proposed parcel.

4. The proposed use will not have a substantial adverse effect on abutting property or the permitted use thereof, meaning that the use will not generate excessive noise, vibration, traffic, or other disturbance, because: l) The project design has appropriately utilized access points from adjoining streets, allowing pedestrian and vehicular access from three different roadways; 2) The proposed buildings exceed adopted setback standards; 3) The proposed uses include restaurant, office, hotel/motel, and an existing convenience store and gasoline dispensing pumps that are typical for commercial areas in close proximity to an interstate freeway; 4) Proposed improvements are located an adequate distance from surrounding residential uses to reduce potential noise levels, and; 5) Adequate on-site and right-of-way landscaping is proposed. In addition, the use will not substantially interfere with the present or future ability to use solar energy systems because the height of the proposed buildings will not substantially hinder the use of such devices on surrounding properties.

5. The proposed use is consistent with the goals, policies, standards, and maps of the General Plan and any applicable plan, because the proposed project and associated uses are permitted in the Service Commercial Land Use District of the Yucaipa General Plan and the proposed Development Agreement does not involve improvements or activities inconsistent with adopted plans.

6. The lawful conditions stated in the approval are deemed necessary to protect the public health, safety, and general welfare, because they ensure adequate circulation, drainage, and compatibility with surrounding land uses.

7. The design of the site has considered the potential for the use of solar energy systems and passive or natural heating and cooling opportunities, because there are no obstructions to the collection of solar energy or the natural movement of wind toward or around surrounding properties. In addition, the proposed Project includes the installation of solar panel canopies over parking areas.
02/26/2024 City Council Agenda 99

ATTACHMENT 2
02/26/2024 City Council Agenda 100

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02/26/2024 City Council Agenda 101

ATTACHMENT 3
02/26/2024 City Council Agenda 102

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ATTACHMENT 4
02/26/2024 City Council Agenda 105

1 ACAA LP
Case No . 23-094|CUPIARC
DRAFT Conditions of Approval; 2-26-2024

Page 1 ends

CONDITIONAL USE PERMIT
ON.GOING CONDITIONS/GENERAL REQUIREMENTS:

PLANNING DIVISION (9091 797-2489 EXT. 224
This Conditional Use Permit and Architectural Review is for the final phase of the Yucaipa Gateway Project that includes the development of a 1,500 square foot drivethrough coffee shop and a 2,492 square foot drive-through restaurant on approximately 1.95 acres located at the southwest corner of Oak Glen Road and 14th Street. The applicant also proposes an amended Development Agreement with the City to reflect the current Project and updates. Any alteration or expansion of these facilities, or increase in the developed area of the site from that shown on the approved site plan, may require the submission of a new application or an additional application for Revisions for review and approval.

The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any claim, action or proceeding attacking or seeking to set aside, void or annul the approval of all or part of the matters applied for, or any other claim, action or proceeding relating to or arising out of such approval. This obligation includes the obligation to reimburse the City, its agents, officers and employees for any court costs or attorney fees which the City, its agents, officers, or employees are required by a court to pay as a result of such claim, action or proceeding. The City agrees to notify the applicant of any such claim, action or proceeding promptly after the City becomes aware of it.

The City may participate in the defense of the claim, action or proceeding, but such participation will not relieve the applicant of applicant's defense and indemnification obligations, including City expenses.

This Conditional Use Permit shall become null and void if all conditions have not been complied with and the occupancy or use of the land has not taken place within three (3) years of the date of approval. One extension of time, not to exceed three (3) years, may be granted upon written request and submittal of the appropriate fee not less than 30 days prior to the date of expiration. PLEASE NOTE: this will be the only notice given for the above specified expiration date.

The applicant is responsible for the initiation of an extension request.

A Notice of Determination is being issued for this project, pursuant to the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended, as a Mitigated Negative Declaration (MND) has been previously approved and adopted for the Project. The applicanUowner shall deliver a $50.00 administrative handling fee to the Planning Division within five (5) days after the effective date of conditional approval. Payments shall be made with a Check, Money Order or Cashier's Check for $50.00 made payable to the "Clerk of the Board". The Planning Division shall then file the Notice of Exemption with 2 3
4 02/26/2024 City Council Agenda 106

5 6

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DRAFT Conditions of Approval; 2-26-2024
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the Clerk. Proof of fee payment will be required prior to issuance of building permit.

All conditions of this Conditional Use Permit are continuing conditions. Failure of the applicant and/or operator to comply with any or all of said conditions at any time may result in the revocation of the permit granted to use the property.

The applicanUowner shall always maintain in good condition all permanent plantings as identified on the approved landscape plan, as well as all exterior finishes, and architectural and site design elements.

All new utility lines shall be placed underground. Existing overhead distribution lines shall be placed underground as specified by the Development Agreement.

Mail delivery shall be by neighborhood boxes or other delivery as approved by the U.S. Postal Service.

All signs proposed by this project may only be lit by steady, stationary, shielded light directed at the sign, by light inside the sign, by direct stationary neon lighting or by an alternating lighting system that changes no more than once per hour.

The glare from the luminous source shall not exceed one-half (0.5) foot candle.

Parking and on-site circulation requirements shall be maintained at alltimes.

A. Any occupancies which require additional parking that has not been provided for through this Conditional Use Permit, such as restaurants or places where food or refreshments are dispensed which have seating, shall not be approved until an application for revision is submitted for review and approval showing the additional parking.

All markings to include parking spaces, directional designations, "No Parking" designations, and "Fire Lane" designations shall be clearly defined and said markings shall be maintained in good condition at all times.

C.Parking and site circulation surfaces (City Road Specification #39) shall be maintained in good condition at all times.

Noise levels shall not exceed City Standards as required by Development Code Section 87.0905(b).

All refuse generated at the premises shall at all times be stored in approved containers and shall be placed in a manner so that visual and public health nuisances are minimized.

All refuse containing garbage shall be removed from the premises at least two times per week in conformance with Municipal Code Section 8.24.030(8). 7 8
I
B
11 12

13. 02/26/2024 City Council Agenda 107

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DRAFT Cond itions of Approval; 2-26-2024

14. The applicant shall implement the approved "Solid Waste Recycling Plan" for any new commercial, industrial, or institutional uses located on the property. The developer and all occupants of the property shall make a good faith effort to fully comply with each component of the approved Plan. Any proposed revision to this Plan shall be subject to the review and approval of Yucaipa Disposal, lnc. (909) 797-9125.

15. Developers of commercial/industrial/institutional projects shall attempt to ensure that at least 20% of the total cost of the project shall be spent with Yucaipa businesses and/or the hiring of Yucaipa residents.

16. The project site shall remain in full compliance with all City Sign Regulations at all times.

17. New projects with a landscape area of 500 square feet or more shall comply with Sections 492.6(aX3Xb) (c), (d) and (g) of the MWELO including the use of renewable organic waste products such as compost and mulch where applicable.

18. Projects rehabilitating an existing landscape area of 2,500 square feet or more shall comply with Sections 492.6(aX3Xb) (c), (d) and (g) of the MWELO including the use of renewable organic waste products such as compost and mulch where applicable.

19. Compost and mulch made by the City's franchised hauler, Yucaipa Disposal, lnc. (909) 797-9125, or other designee from recovered organic waste products pursuant lo 14 CCR Section 18993.1 shall take precedence over inorganic or virgin forest products when available locally.

20. The applicanUproperty owner shall be required to apply an anti-graffiti coating, and/or provide a landscape design of a type and nature that is acceptable to the City Planner, to each of the publicly viewable surfaces deemed by the City Planner to be likely to attract graffiti.

21. The project shall implement the mitigation measures listed in the adopted Mitigation Monitoring and Reporting Program.

22. A Lot Line Adjustment or Parcel Map shall be processed to properly align the contiguous properties associated with the proposed Project.

23. Project shall comply with the Developer's responsibilities per the Development Agreement.

FIRE DEPARTMENT (909} 797.2489 EXT.246

24. This project is protected by the Yucaipa Fire Department / CalFire. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Marshall for verification of current fire protection development requirements. All new construction shall comply with the adopted California Fire Code and all applicable 02/26/2024 City Council Agenda 108

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DRAFT Conditions of Approval; 2-26-2024

Page 10 ends

(F)
(G)
Grading Design Plan
62 Certification of Substantial Completion (to be submitted after installation of the project).

A copy of the approved Landscape Documentation Package shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager. A copy of the Water Conservation Concept Statement and the Certificate of Substantial Completion shall be sent by the project manager to the local retail water purveyor.

Three (3) copies of a landscape and irrigation plan prepared by a Registered Landscape Architect for the planting (drought tolerant landscaping shall be utilized to minimize water consumption) and permanent irrigation system for the development, including setback areas and parkways, shall be submitted to the Building & Safety Division for review and approval. Said plans must be consistent with the City of Yucaipa Landscape Design and lnstallation Guidelines and include the following details:

A. Voltage boxes, mailboxes, trash enclosures, maintenance structures, backflow devices, automatic controls, air conditioning/heating units, etc., to be shown on the plan and screened with landscaping and/or decorative fencing/trim.

B A permanent automatically-controlled irrigation system C Landscaping shall consist of drought tolerant vegetation appropriate to the local climate. Trees, shrubs and ground covers in the following quantities shall be required as follows:

1. Compost
Compost at a rate of a minimum of 4 cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.

2. Tree planting (15 gallon size)
l for each 600 sq. ft. of total landscaped
area (one required, minimum);
80% of total trees required to be 15 gallon;
a
b
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DRAFT Conditions of Approval; 2-26-2024
1 for every 12 parking stalls;

Page 11 ends

3. 24 to 96 inch box trees:
a. 20o/o of total trees required (one required, minimum).

4. Tree Spacing/location
small trees: 20 feet O.C. max.;
large trees: 30 feet O.C. max.;
street trees. 15 gal. min./30 feet O.C. max.;
min. 6 feet from curbs, paving and sidewalks;
trees in parkway between sidewalk and curb
shall be provided with a linear root barrier.

5. 5 gallon shrubs
60% of total shrubs required to be 5 gallon;
10 for each 300 sq. ft. of landscaped area.

6. 1 gallon shrubs:
a. 40o/o of total shrubs required

7. Ground Cover:

Drought tolerant adapted when mature, or native;
Maximum spacing. 12 inches O.C., or as suitable for planting material;
Hydroseeding (establish recommended mixture); specify
weight or volume per unit area.
8 Apply a minimum three- (3-) inch layer of mulch on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding
applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, leave up to five percent (5%) of the landscape area without mulch.

Designated insect habitat must be included in the landscape design plan as such
Parking/vehicular circulation areas screened with landscaped berms adjacent to streets.
a.
b.
c.
d
a
b
a.
b
c.

Mulch
a
D
02/26/2024 City Council Agenda 110

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DRAFT Conditions of Approval; 2-26-2024

Page 12 ends

Landscape detail of trash enclosures, to be located within 200 ft. of building pad.

All walls and fences shall be shown, at the top of slope (if applicable), with the style, design, materials, and colors indicated.

Design features to direct storm water run-off into landscaped pervious areas to achieve percolation into the ground before run-off flows reach the public right-of-way of Oak Glen Road and Dunlap Boulevard.

H. Detector-check valve assembly screening and camouflage, which shall include landscaped berms and/or depressions, shrub screening, and the painting of the equipment to match the landscaping. The height of the equipment shall not exceed the minimum ground clearance established by the applicable code. lt is not permitted to be located within the front yard building setback area, unless otherwise approved by City lnspector.63. New projects with a landscape area of 500 square feet or more shall comply with Sections a92.6(aX3Xb) (c), (d) and (g) of the MWELO including the use of renewable organic waste products such as compost and mulch where applicable.

64. Projects rehabilitating an existing landscape area of 2,500 square feet or more shall comply with Sections a92.6(a)(3Xb) (c), (d) and (g) of the MWELO including the use of renewable organic waste products such as compost and mulch where applicable.

65. Compost and mulch made by the City's franchised hauler, Yucaipa Disposal, !nc. (909) 797-9125, or other designee from recovered organic waste products pursuant to 14 CCR Section 18993.1 shall take precedence over inorganic or virgin forest products when available locally.

ENGTNEERTNG DtVtStON (909) 797-2489 EXT.228

66. Developer shall be required to place construction traffic control in public right-of- way during the construction of off-site improvements. Traffic control devices shall be maintained 24 hours a day 7 days a week as directed by the City Engineer.

67. The Applicant shall submit the signed original Water Quality Management Plan (WQMP) Certification form to verify consistency of the BPMs shown on the as-built grading plans and landscape plans. In case of inconsistency, the Applicant shall revise the WQMP to match the as-built plans.

68. Applicant shall present evidence to the City Engineer that he has obtained a non- interference letter from any utility company that may have rights of easement within the property boundaries.

E
F
G
02/26/2024 City Council Agenda 111

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Easements of record not shown on the tracUparce! map shall be relinquished or relocated. Lots affected by proposed easements or easements of record, which cannot be relinquished or relocated shall be redesigned.

PLANNING DIVISION (909t 797-2489 EXT. 224
71 An application along with the required fee shal! be filed by the applicant with the Planning Division for a mitigation monitoring program.

The enrollment of the Yucaipa Joint Unified School District is severely impacted by new development. To mitigate the impact of this project, developer shall pay such taxes as are required by the Yucaipa Joint Unified School District Community Facilities District No. 1, and any other fees assessed by Government Code Section 53080, and 65995-65997.

72. The applicanUowner shall process a Condition Compliance Review through the City for verification of conditions prior to the issuance of building permits.

73. Water service shall be by Western Heights Water Company. The requirements of the water company are included as a Condition of Approval. Submit evidence of service to Building and Safety at time of Condition Compliance review.

74. Sewage disposal shall be by Yucaipa Valley Water District. The requirements of the Yucaipa Valley Water District are included as a Condition of Approval.

Submit evidence of service to Building and Safety at time of Condition Compliance review.

75. PIans for food establishments shall be reviewed and approved by the S.B.

County Public Health Department, Division of Environmental Health Services (909) 387-4608.

76. Prior to building permit, applicant shall submit a report for risk assessment of potential health hazards from exposure to hazardous materials. For information, contact County Fire DepartmenUHazardous Materials Division/Local Oversite Program at (909) 386-8401.

77. Verification of application for a sign registration and plot plan approval by the Planning Division must be submitted prior to the issuance of a building permit for the installation, wiring, remodeling or reconstruction of any sign or portion thereof which requires a building permit.

78. The applicant shall submit a "Solid Waste Recycling Plan" for review and approval. This Plan shall address two (2) principal recycling programs: 1) the recycling of construction waste/debris during the demolition and/or development phase of the project, and 2) the recycling of the solid waste that is generated daily by each proposed use during the operational phase of the project. The construction waste component shall include: complete information on the individual or firm that will be responsible for implementing the recycling plan; 02/26/2024 City Council Agenda 112

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DRAFT Conditions of Approval; 2-26-2024

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complete information on all proposed recycling facilities that will receive waste products; and estimates of the volume or weight of each type of material that will be recycled. The operational waste component shall include: complete information on the location, access, sizes, and numbers of solid waste and recycling bins needed to serve each proposed use that is located within the project. For information on the types of waste disposal services that are availabfe, you may contact Yucaipa Disposal, lnc. at (909) 797-9125 for assistance.

79. Proof of fee payment of Fish and Game fees and/or County Administrative handling fees pursuant to California State Assembly Bill 3158 shall be submitted.

80. Applicant shall work with staff to provide appropriate fagade improvements consistent with branding requirements of the occupant.

81. Provide detailed building elevations including materials, finishes, colors, and signage for all buildings for Planning Division review and approval prior to issuance of building permits. Building elevations shall be consistent with those approved by the Planning Commission.

82. The applicanUproperty owner shall grant to the City, in writing, the irrevocable right of entry over, and access to, such property, upon twenty-four (24) hours' posted notice, by authorized City employees or agents, for the purpose of removing or painting over graffiti on any designated graffiti attracting surfaces.

FIRE DEPARTMENT (909) 797.2489 EXT. 246

83. Two sets of water delivery system plans, designed to meet the required fire flow for this project and/or development shal! be submitted to the Fire Department for approval.

84. Applicant-developer shall provide the Fire Department with a letter from the water company serving the project-development, verifying that financial arrangements have been made and bonds posted for the required Fire Department approved water improvements.

85. A fuel break of one hundred (100) feet (brush and weed clearance) is required prior to construction. The clearance shall be maintained on a year-round basis.

86. Fire hydrants shall be installed and operational as per approved water system delivery plans prior to any framing, construction, or delivery of combustible materials to project site.
02/26/2024 City Council Agenda 113

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Page 1 ends

SUBJECT PROPERTY SHALL NOT BE OCCUPIED AND/OR USED FOR

PURPOSES APPLIED FOR UNTIL THE FOLLOWING CONDITIONS
HAVE BEEN MET:

BUILDING AND SAFETY DIVISION (909) 797.2489EXT.225

87. The Site shall be developed in compliance with all current model codes. All plans shall be designed in compliance with the latest editions of the California Building Codes as adopted by the City of Yucaipa.

88. Paths of travel shall incorporate (but not be limited to) exterior stairs, landings, walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warnings, signage, gates, lifts and walking surface material. The accessible route(s) of travel shall be the most practical direct route between accessible building entrances, site facilities, accessible parking, public sidewalks, and the accessible entrance(s) to the site. California Building Code (CBC) 11A and 118.

89. Buildings on the site shall be accessible per California Building Code (CBC) 1 18.

90. Separate submittals and permits are required for all accessory structures such as but not limited to trash enclosures, patios, block walls, and storage buildings FIRE DEPARTMENT (909) 797-2489 EXT.246

91. Driveways exceeding 150 feet shall have a Fire Department approved turn- around at the terminus (hammer-head tee).

92. Fire Department access roadways and/or public/private streets and driveways shall extend to within one hundred fifty (150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building. An access road, approved by the Fire Department, sha!! be provided to within fifty (50) feet of all structures when the natural grade between access road and structure is in excess of 30o/o. Where an approved access road cannot be provided, a fire protection system shal! be required and approved by the Fire Department.

93. The development and/or project, and each phase thereof, shall have a minimum of two (2) remote points of access, including a secondary access, for fire and other emergency equipment and for routes of escape which will safely handle evacuations.

Address numbers sha!! be placed on all new and existing commercial and multi- family residentia! structures in such a manner as to be plainly visible and legible from the access roadway or street. Structures shal! have numbers of 8" height, 3/8" stroke on contrasting background. Address numbers shall be illuminated so as to be visible and legible from access roadway or street. lndustrial occupancies shall have address numbers of l2" height,Tr" stroke and shall be

94. 02/26/2024 City Council Agenda 114

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DRAFT Conditions of Approval; 2-26-2024

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illuminated so as to be visible and legible from access roadway or street. Where structure setback exceeds one hundred (100) feet from the access roadway or street, additional non-illuminated numbers are 6" in height, 3/8" stroke, on contrasting background shall be displayed at property access entrance.

95. Commercial retail structures with rear access shall place address numbers on rear entry doorways, 4" in height, 3/8" stroke, on contrasting background.

96. "No Parking - Fire Lane" signs shall be posted at locations designated by Fire Marshall. Fire lane curbs shall be painted red with white letters stating "No Parking - Fire Lane".

97. Approved fire hydrant pavement markers shall be installed.

98. An automatic fixed fire extinguishing system shall be installed in the hood and duct system of commercial cooking equipment. Three (3) sets of shop plans with material cut sheets and calculations shall be submitted to Fire Department for review and approval prior to installation.

99. A minimum of one 2A-1OBC fire extinguisher shall be installed for each 3,000 sq. ft. of floor area. Travel distance to any one fire extinguisher shall not exceed 75 feet. Additional fire extinguishers, size and class to be determined by Fire Department, may be required. Fire extinguishers shall be serviced annually and shall have a current sfm service tag attached.
100. A 40BC fire extinguisher shall be installed within 30 feet of commercial food heat- processing equipment. Fire extinguishers shall be serviced annually and shall have a current sfm service tag attached.
101. Co2 Detection System (Carbon Dioxide) shall be installed per manufacturer specifications where beverage dispensing application of insulated carbon dioxide system is more than 100 pounds of Carbon Dioxide used. A permit shall be required for the installation of a Detection System by certified contractor per CFC. Approved placards shall also be in place per NFPA 704. 102. The main electrical panel and all sub-panels shall be labeled on inside cover for all circuits.
103. Water heater (fuel fired) shall be properly vented to exteriorof structure. Water heater shall be seismic strapped to wall and be located 18" above a garage floor. 104. Commercial and industrial structures/occupancies and gated complexes shall have a "knox box" system installed on the exterior of the buildings or complex.

Location of device to be determined by the Fire Department. The box shall contain keys necessary to gain access and may contain pre-plans and msds information as required by the Fire Department.
105. Commercial exit requirements:
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Case No . 23-094|CUPIARC
DRAFT Conditions of Approval; 2-26-2024

Page 17 ends

Required exit doors shall be maintained in an operable condition at all times.

Required exit doors shall swing outward and away in the direction of exit travel.

Obstructions shall not be placed in the required width of an exit. Exits shall not be blocked or locked shut or obstructed in any manner during business hours.

Exit paths shall be illuminated when structure is occupied.

Exit path illumination shall be supplied from two (2) sources of power when occupant load is one hundred (100) persons or more.

When exit way/exit pathway and/or exit doorway is not easily identified, additional exit signs shall be installed.

Exit signs shall be internally or externally illuminated by two lamps or shall be of the self-luminous type.
106. All flammable and combustible liquid storage and dispensing shall be in accordance with applicable sections of the UFC Article 79 and City codes and ordinances. Plan review and annual permit to operate from the Fire Department is required.

ENGINEERING DIVISION (909} 797=2489 EXT.228
107. Construct driveway approach/entrance. Commercial driveways require radius type approaches.
108. Any further development of this parcel will require construction of full road improvements.
109. Developer shall be required to place construction traffic control in public right-of- way during the construction of off-site improvements. Traffic control devices shall be maintained 24 hours a day 7 days a week as directed by the City Engineer.
110. The Applicant shall submit the signed original Water Quality Management Plan (WOMP) Certification form to verify consistency of the BPMs shown on the as- built grading plans and landscape plans. ln case of inconsistency, the Applicant shall revise the WQMP to match the as-built plans.

PLANNTNG DtVtStON (909) 797-2489 EXT.224
111. Parking and on-site circulation requirements shall be provided for as identified on the approved site plan.
112. All access drives and parking areas shall be surfaced with a minimum of 2 inches of asphalt concrete surfacing, City Road Specification No. 39, which shall be appropriately striped to accommodate safe vehicular circulation.

C
D
E.

G.
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1 13. All access drives shall be a minimum of 24 feet wide to facilitate two-way traffic. 114. Any lights used to illuminate the site shall be hooded and designed so as to reflect away from adjoining properties and public thoroughfares. 115. All landscaping and irrigation shown on the approved landscape and irrigation plans and all required walls shall be completed. Trees in the parkway between sidewalk and curb/gutter shall be provided with a linear root barrier. Provide the City with a Certificate of Substantial Completion from the certified professional that prepared the approved landscape and irrigation plans. 116. All parking stalls shall be clearly striped and permanently maintained with double or hairpin lines on the surface of the facility, with the two lines being located an equal nine (9) inches on either side of the stall sidelines; arrows shall be painted on the paving to indicate direction of traffic flow.
117. All roof top mechanical equipment is to be screened from ground vistas. 118. Developers of commercial/industrial/institutional projects shall submit a report detailing the percentage of project costs spent in the City of Yucaipa. At a minimum, this report shall contain a list of local businesses/individuals that have been solicited for bids and/or received contracts for materials or services. 119. Developers of commercial, industrial, or institutional projects shall submit all applicable documentation that is required to verify the volume of weight of each type of construction waste or debris that has been recycled or otherwise disposed of in a lawful manner.
120. Developers shall ensure that they recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste. 121. Provide a bicycle parking rack in a suitable location. 122. A video surveillance and recording system shall be installed that is capable of covering all exterior portions of the subject property, including parking areas and service alleys.
123. Developers shall ensure that they recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste. 124. Unified commercial centers shall provide a video surveillance and recording system at the entrance of the center that can be provided to the Yucaipa Police Department.
125. Developers of residential development projects greater than a single dwelling unit, commercial properties and multi-family dwellings shall submit a report, including invoices or proof of recovered organic waste product procurement (either through purchase or acquisition) pursuant to 14 CCR Section 18993.1, 02/26/2024 City Council Agenda 117

ACAA LP
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and submit records to the City's designee. Records shall include the source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured, type of product, quantity of product in tons or yards, invoice or other record demonstrating procurement.
126. Decorative pilasters shall be installed along the perimeter of the site along Oak Glen and 14th Street.
02/26/2024 City Council Agenda 118

ATTACHMENT 5
02/26/2024 City Council Agenda 119

ORDINANCE NO. 442

AN ORDINANCE OF THE CITY COTJNCIL OF THE CITY OF
YUCAIPA, CALIFORNIA, RESCINDING ORDINANCE NUMBER 335

AND ADOPTING AN AMENDED DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF YUCAIPA AND ACAA, A LIMITED

LIABILITY PARTNERSHIP, TO ENABLE THE CONTINUED

DEVELOPMENT OF A UNIFIED COMMERCIAL CENTER AT THE
SOUTHWEST CORNER OF OAK GLEN ROAD AND 14TH STREET,

WITH THE NEW AGREEMENT MEMORIALIZING CHANGES TO THE

SITE DESIGN AND UTILITY IMPROVEMENT RESPONSIBILITY

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

Section l. ACAA, a Limited Liability Partnership ("Developer") proposes to enter into an updated development agreement with the City of Yucaipa (herein, the "Development Agreement"), which is attached to this Ordinance as Exhibit "A," in connection with the development of a commercial center consisting of a hotel; drive-through restaurant; drive- through coffee shop; and convenience store, car wash, and gas station on an approximately 6.92 acre site at the southwest corner of the intersection of Oak Glen Road and l4th Street, in the City of Yucaipa, and described in the legal description attached hereto as Exhibit B, and incorporated herein by reference (the "Project").

Section 2. The Project, including this Ordinance and the Development Agreement, has been environmentally reviewed pursuant to the provisions of the Califomia Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City's Local CEQA Guidelines. As part of the initial Project approvals, the City had prepared an initial study and, based on the information contained in the initial study, concluded that the Project, with mitigation, would not have any significant impacts on the environment, and prepared a mitigated negative declaration. On November 19, 2014, the City's Planning Commission considered and adopted a Mitigated Negative Declaration (MND) for the Project, which was considered by the City Council in conjunction with consideration of the prior Ordinance and Development Agreement. As part of the phased development, a new land use entitlement has been submitted (Case No. 23-094) along with an amended Development Agreement to reflect the current conditions and site design for the Project. Based on the limited scale of changes, the City Council finds and determines that there are no changes to the Project or its circumstances, or other new information, that would require further environmental analysis pursuant to the Califomia Environmental Quality Act. The City Council hereby finds and determines, in light of the whole record, and in its independent judgment, that there is no substantial evidence that further environmental analysis is necessary for the Project, and the City Council hereby finds the Mitigated Negative Declaration as adopted by the Planning Commission sufficient for taking action on the Development Agreement. The documents and other materials that constitute the record are located in the City's Development Services Department and are in the custody of the Director of Development Services, 34272 Yucaipa Boulevard, Yucaipa, Califomia 92399.

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Further, the mitigation measures set forth in the Mitigated Negative Declaration are made applicable to the Project through conditions of approval.

Section 3. On February 7, 2024, the Planning Commission conducted a duly noticed public hearing to consider the Project, including the Development Agreement. Notice of the time, place and purpose of the public hearing was duly provided in accordance with California Govemment Code Sections 65867,65090, and 65091, and the City's ordinances.

Section 4. The Planning Commission recommended that the City Council approve the Amended Development Agreement.

Section 5. On February 21,2024, the City Council conducted a duly noticed public hearing to consider the Development Agreement and the Project. Notice of the time, place and purpose of the public hearing were duly provided in accordance with Califomia Government Code Sections 65867,65090 and 65091, and the City's ordinances.

Section 6. The City Council finds that the provisions of the Development Agreement are consistent with the City of Yucaipa General Plan and comply with its objectives and policies.

The Development Agreement is consistent with and implements the objectives of the land use element, particularly for development of land designated for service commercial development, consistent with the permitted uses in that land use district.

Section 7. The City Council hereby approves the Development Agreement and authorizes the Mayor to execute the Development Agreement on behalf of the City.

Section 8. No later than ten (10) days after the effective date of this Ordinance, the City Clerk shall record with the County Recorder a copy of the Development Agreement and the notice shall describe the land to which such contract applies.

Section 9. The City Clerk is hereby directed to cause a summary of this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage, in accordance with Section 36933 of the Government Code; and shall certiff to the adoption of this Ordinance. \\
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Section 10. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01a.m. on the thirty-first (31st) day after its passage.

PASSED, APPROVED and ADOPTED this _ day of _,2024.

Justin Beaver, Mayor
ATTEST:APPROVED AS TO FORM
Ana V. Sauseda, CMC
Director of General Services/City Clerk
Steven Graham, City Attorney
02/26/2024 City Council Agenda 122

EXHIBIT A

DEVELOPMENT AGREEMENT
02/26/2024 City Council Agenda 123

EXHIBIT B

LEGAL DESCRIPTION
The Property situated in the State of Califomia, County of San Bernardino, City of Yucaipa described as follows: A portion of lots 61, 62, 66, 73 &. 74 if Tract 2187, in the City of Yucaipa, County of San Bernardino, State of California, as permap recorded in book3l, page 71, inthe office of the County Recorder of said county. (A.P.N. 0301-182-ll & 12 and 0301-083-18, 19, 20 & 2t)
02/26/2024 City Council Agenda 124

ATTACHMENT 6
02/26/2024 City Council Agenda 125

Amended Development Agreement

CITY OF YUCAIPA
WHEN RECORDED MAIL TO:

City of Yucaipa
Attention: City Attorney
3 427 2 Y ucaipa Boulevard
Yucaip&,CA 92399-2434

AMENDED DEVELOPMENT AGREEMENT
THIS AMENDED DEVELOPMENT AGREEMENT (this "Agreement") is made by and between THE CITY OF YUCAIPA, a California municipal corporation (the "City"), and ACAA, a Limited Liability Pannership (the "Developer"). The City and Developer are individually referred to herein as a "Party" and collectively referred to as the "Parties." This Amended Development Agreement supercedes the Development Agreement executed by both Parties on _ _,2024.

RECITALS
This Agreement is made and entered into with regard to the following facts, each of which is acknowledged as true and correct by the Parties to this Agreement.

A. Developer is the fee owner of that certain real property located in the City of Yucaipa, California and described in Exhibit A attached hereto and incorporated herein by reference.

B. Developer desires to develop the Project (as hereafter defined).

C. Developer has applied to the City for approval of this mutually binding Agreement, pursuant to the provisions of the Development Agreement Regulations (as hereafter defined), Article 13 of Chapter 3 of Division 3 of the City of Yucaipa Development Code and other applicable laws.

D. In anticipation of the development of the Project, Developer has made or will make application to the City (in its governmental capacity) for certain approvals, entitlements, findings and permits required for the development and construction of the Project, including, without limitation: Conditional Use Permit, Major Variance (Sign Height & Size), Development Code Amendment (ability to advertise off-premises businesses), and a Development Agreement for the Project under the Development Agreement Regulations.

E. The City Council has specifically considered the advantages and impacts of this Project upon the welfare of the City and believes that the Project will benefit the City. 10070-0086/ 179169l v3
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F. This Agreement eliminates uncertainty in planning and provides for the orderly development of the Project in a manner consistent with the City's Zoning Regulations (as hereafter defined), the Applicable Rules (as hereafter defined) and the General Plan (as hereafter defined).

G. To provide such certainty, the City desires, by this Agreement, to provide Developer with assurance that Developer can proceed with development of the Project with the uses, density and other land use characteristics specified in the Project Approvals. Developer would not enter into this Agreement, or agree to provide the public benefits and improvements described herein, without the City's agreement that the Project can be developed, during the term of this Agreement, with the uses, density and other land use characteristics specified in the Project Approvals.

H. The City has determined that, as a result of the development of the Project in accordance with the Project Approvals and this Agreement, substantial benefits will accrue to the public.

I. On November 19,2014, pursuant to the requirements of the Development Agreement Regulations, the Planning Commission of the City of Yucaipa conducted a hearing on Developer's application for this Agreement, adopted a Mitigated Negative Declaration for the Project, approved the Project, and recommended adoption of a Development Agreement.

J. On February 23,2015, pursuant to the requirements of the Development Agreement Regulations, the City Council of the City of Yucaipa (the "City Council") conducted a hearing on Developer's application for this Agreement.

K. The City Council has found and determined that this Agreement is consistent with the City's General Plan and all other plans, policies, rules and regulations applicable to the Project.

L. On November 19,2014, the City's Planning Commission considered and adopted a Mitigated Negative Declaration (MND) for the Project, which was considered by the City Council in conjunction with consideration of this Development Agreement. The City Council finds and determines that there are no changes to the Project or its circumstances, or other new information that require further environmental analysis pursuant to the Califomia Environmental Quality Act. The City Council hereby finds and determines, in light of the whole record, and in its independent judgment, that there is no substantial evidence that further environmental analysis is necessary for the Project, and the City Council hereby finds the Mitigated Negative Declaration as adopted by the Planning Commission sufficient for taking action on the Development Agreement.

M. On March 9, 2015, the City Council adopted Ordinance No. 335 approving this Agreement, and such ordinance became effective on April 10,2015.

N. On _, 2024, pursuant to the requirements of the Development Agreement Regulations, the Planning Commission of the City of Yucaipa conducted a hearing on Developer's application for this Agreement, adopted a Mitigated Negative Declaration for the Project, approved the Project, and recommended adoption of a Development Agreement. 2-
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Amended Development Agreement

AGREEMENT
NOW THEREFORE, pursuant to the authority contained in the Development Agreement Regulations, as it applies to the City, and in consideration of the mutual promises and covenants herein contained and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows:
l. Definitions. For all purposes of this Agreement, except as otherwise expressly provided herein, or unless the context of this Agreement otherwise requires, the following words and phrases shall be defined as set forth below:
(a) "Applicable Rules" means the rules, regulations, ordinances, resolutions, codes, guidelines, and officially adopted procedures and official policies of the City governing the use and development of real property, including, but not limited to, the City's Zoning Regulations and building regulations, adopted as of the Effective Date. Among other matters, the Applicable Rules set forth and govern the permitted uses of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, parking requirements, setbacks, and development standards, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction guidelines, standards and specifications applicable to the development of the Property. (b) "Building Permit" means a permit issued by the City pursuant to Title l5 of the Yucaipa Municipal Code to authorize construction of a building or other structure. "Building Permit" shall not include a demolition permit or excavation and shoring permit, but shall include a foundation permit.
(c) "Business Day" means any day other than a Saturday, Sunday or California or Federal holiday on which banks in the City are customarily closed. (d) "CEQA" means the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), as it now exists or may hereafter be amended. (e) "Change of Control" shall refer to a transaction whereby a transferee acquires a beneficial ownership interest in Developer (or in an Existing Owner) such that after such transaction there is a change of identity of the person or entity that has the power to direct or cause the direction of the management and policies of Developer, whether through the ownership of voting securities, by contract or otherwise, but not including a Foreclosure Transaction or an Affiliate Transaction.
(0 "Conditions of Approval" shall mean those conditions of approval imposed by the City in connection with the Project Approvals. (g) "Developer Fees" shall mean Municipal Surcharges, as defined below, and those fees established and adopted by the City pursuant to Section 66000 et seq., of the Government Code of the State of California to offset the impact of development on the City's -3
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capital facilities, including, without limitation, parking impact fees, affordable housing fees, traffic fees, infrastructure fee, linkage fees, exactions, assessments or fair share charges or other similar impact fees imposed on or in connection with new development by the City. Developer Fees do not mean or include Processing Fees.
(h) "Amended Development Agreement" or "Agreement" means this Agreement.
(i) "Development Agreement Regulations" means Article 2.5 of Chapter 4 of Division I of Title 7 (Sections 65864 through 65869.5) of the California Government Code (as the same may be amended and./or re-codified from time to time), and the City's Regulations Establishing Procedures and Requirements for Consideration of Development Agreements, at Article l3 of Chapter 3 of Division 3 of the Yucaipa Development Code (Section 83.0301305 et seq.).
0) "Discretionary Action(s)" or "Discretionary Approval(s)" means an action which requires the exercise ofjudgment, deliberation or discretion on the part of the City, including any board, agency, commission or department and any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from a Ministerial Permit or Ministerial Approval (as hereafter defined).
(k) "Effective Date" shall mean the date this Agreement, fully executed, is recorded in the official records of the San Bernardino County Recorder. (l) "MND" shall mean the final Mitigated Negative Declaration that addresses the Project.
(m) "General Plan" means the General Plan of the City, as it exists as of the Effective Date
(n) "Gross Room Revenue" means revenue that is or would be subject to the transient occupancy tax imposed by the City pursuant to Chapter 3.20 of Title 3 of the Yucaipa Municipal Code as that Chapter exists on the Effective Date. (o) "Ministerial Permit(s)," or "Ministerial Approval(s)" means a permit or approval, including, but not limited to, Building Permits, grading permits, shoring and excavation permits, demolition permits, zone clearances, and certificates of occupancy, which requires the City, including any board, agency, commission or department or any officer or employee thereof, to determine whether there has been compliance with applicable rules, statutes, ordinances, conditions of approval, and/or regulations, as distinguished from an activity which is included in the definition of Discretionary Action or Discretionary Approval. (p) "Mortgage" means any mortgage, deed of trust, encumbrance, sale leaseback or other security interest encumbering all or any portion of the Property, given by Developer for the purpose of securing funds to be used for financing the acquisition of the Property or any portion thereof, the construction of improvements thereon and/or any other expenditures reasonably necessary and appropriate to develop and/or operate the Project. -4-
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(q) "Mortgagee" means the holder of the beneficial interest under any Mortgage
(r) "Municipal Surcharge" means the fee paid pursuant to Section l0(d) of this Agreement.
(s) "Processing Fees" means all processing fees and charges required by the City that are applied uniformly to all construction or development related activity including, but not limited to, fees for land use applications, Building Permit applications, Building Permits, grading permits, shoring and excavation permits, hauling permits, encroachment permits, demolition permits, subdivision or parcel maps, lot line adjustments, street vacations, inspections, certificates of occupancy and plan check. Processing Fees shall not mean or include Developer Fees.
(t) "Project" means the development project as described in the final MND, as modified by the Project Approvals.
(u) "Project Approvals" shall include, collectively, Conditional Use Permit and Architectural Review for a proposed commercial center that includes a three-story 92 room hotel of approximately 51,843 square feet, a drive-through restaurant of approximately 3,677 square feet, and a convenience store, car wash, and gas station on approximately 6.92 acres, (Project is a renewal of previously-approved Case No. l4-016/CUP/ARC) and shall include any Subsequent Project Approvals including Case No. 23-094, a Conditional Use Permit and Architectural Review for a proposed drive-through coffee shop of approximately 1,350 square feet and a new drive-through restaurant of approximately 2,546 square feet. as hereafter defined). (v) "Propert5r" means the real property described in Exhibit A attached hereto.
(w) "Reserved Powers" means the power and authority of the City to enact regulations and/or take Discretionary Action if the same is expressly found by the City to be necessary to protect residents of the City, those employed in the City, or visitors to the City, from a condition that is dangerous to public health or safety or if the same is required to comply with California or federal laws (whether enacted previous or subsequent to the Effective Date of this Agreement). Reserved Powers also include the power and authority of the City to enact regulations that apply generally to hotels, restaurants and service stations within the City, including without limitation, regulations of hotel operations provided that such regulations do not impact the permitted density, height, or square footage of the Project permitted by the Project Approvals.
(x) "Subsequent Land Use Regulations" means any change in or addition to the Applicable Rules adopted after the Effective Date of this Agreement, including, without limitation, any change in any applicable general or specific plan, zoning, subdivision, or building regulation, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever by the Mayor, City Council, Planning Commission or any other board, agency, commission or -5-
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department of City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project. 0) "Subsequent Project Approvals" shall mean all further Discretionary Actions or Discretionary Approvals, Ministerial Permits and Ministerial Approvals required or requested with respect to the Project, including, without limitation, any tentative subdivision map, whether vesting or non-vesting. Following adoption or approval, a Subsequent Project Approval shall become a Project Approval.
(z) "Hotel" shall mean the hotel permitted to be constructed by the Project Approvals, and identified on the site plan set forth on Exhibit B. (aa) "Zoning Regulations" shall mean the official zoning regulations of the City adopted as of the Effective Date of this Agreement.

2. Recitals of Premises. Purpose and Intent.
(a) State Enabling Statute. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Regulations which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interests in such property. Section 65864 of the Development Agreement Regulations expressly provides as follows:
"The Legislature finds and declares that
"(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and a commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.
"(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development." Notwithstanding the foregoing, to ensure that the City remains responsive and accountable to its residents while pursuing the benefits of development agreements contemplated by the Legislature, the City accepts restraints on its police powers contained in development agreements only to the extent and for the duration required to achieve the mutual objectives of the Parties.
(b) The Project. The Developer intends to develop the Property as described in the Project Approvals and the final plans submitted to the City, subject to the Applicable -6-
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Rules, the Project Approvals, and the Conditions of Approval. The Parties hereby agree that, subject to the exercise of the City's Reserved Powers, for the term of this Agreement, the permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, parking requirements, setbacks, and development standards, provisions for reservation or dedication of land for public purposes and location of public improvements, and the design, improvement, construction and other guidelines, standards and specifications applicable to the development and use of the Property shall be those set forth in the Project Approvals, the Applicable Rules and this Agreement, including the Conditions of Approval. Subject to the exercise of the City's Reserved Powers, any Subsequent Project Approvals shall, at the election of Developer, be subject to the Applicable Rules or the rules, regulations, ordinances, resolutions, codes, guidelines, and officially adopted procedures and official policies of the City at the time of such Subsequent Project Approval.

3. Property Subject to Aereement. This Agreement shall apply to all of the Property.

4. Application of Agreement. This Agreement shall apply to the development and use of the Property. Such development and use shall be in accordance with the Project Approvals and this Agreement.

5. Term of Aqreement. The initial term of this Agreement shall commence on the Agreement Effective Date, and shall continue for ten (10) years. Notwithstanding the term set forth above, the obligation to pay the Municipal Surcharge pursuant to Section l0 shall continue indefinitely as provided in Sections l0 and 14.

6. Timing of Development The Parties acknowledge that Developer cannot at this time predict when or if the Property will be developed. Such decisions depend upon numerous factors that are not within the control of Developer. Because the California Supreme Court held in Pardee Constnrction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, (the Pardee Case) that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the Parties' intent to cure that deficiency by acknowledging and providing that, except as provided below, Developer shall have the right to develop the Property consistent with the Project Approvals and the Conditions of Approval in such order and at such rate and at such times as Developer deems appropriate within the exercise of its sole and subjective business judgment during the term of this Agreement. This provision shall be broadly construed to provide Developer the greatest amount of time and flexibility (in light of the Pardee Case and/or any other similar or distinguishing cases) as necessary or appropriate to permit Developer to complete the development of the Project irrespective of later adopted rules, regulations or initiatives which would otherwise restrict the Developer's time to complete the Project.

Notwithstanding the above, provided that the Developer elects to proceed with the Project, Developer shall complete the construction of the Hotel within 24 months of the completion of the Wilson Creek channel widening project, permitted by the Project Approvals and shown on the site plan set forth in Exhibit B. Additionally, if Developer does not obtain a certificate of occupancy (or temporary certificate of occupancy) for the Hotel within 24 months of the completion of the Wilson Creek channel widening project, then, upon request by the City, 7-
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Developer shall provide security, reasonably satisfactory to the City, to ensure completion of the Hotel.

7. Permitted Uses: Densitv: Buildins Heights and Sizes: Required Dedications. The City and Developer hereby agree that the permitted uses of the Property, the density and intensity of such uses, the maximum heights and sizes of the buildings and improvements to be constructed on the Property, and the reservation and dedication of land for public purposes, if any, required in connection with the development of the Property shall be as set forth in and consistent with the Project Approvals, as they may be lawfully amended by Developer from time to time. Developer shall not cause or permit any use of the Property that is not permitted by the Project Approvals, and shall not cause or permit the construction of any building or improvement that exceeds the maximum density, building heights and/or building sizes set forth in or otherwise required by the Project Approvals, as they may be lawfully amended by Developer from time to time.

8. Developer's Rights. Developer shall have and is hereby vested with the rights, during the term of this Agreement, including any extensions, to develop the Project as set forth in the Project Approvals, as they may be lawfully amended by Developer from time to time, all of which are hereby incorporated in this Agreement by reference. Developer shall not be obligated to pay any Developer Fees in connection with the Project because the parties agree that the improvements required by the Conditions of Approval and Developer Obligations as set forth in Section l0 offset the Developer Fees, as contemplated by the City's adopted Development Impact Fee program.

9. Changes in Applicable Rules.
(a) Non-Application of Chanees in Applicable Rules. The adoption of any Subsequent Land Use Regulations after the Effective Date of this Agreement, or any change in, or addition to, the Applicable Rules (other than changes in Processing Fees as provided in this Agreement), including, without limitation, any changes in the General Plan or the Zoning Regulations (including any regulation relating to the timing, sequencing, or phasing of the Project or construction of all or any part of the Project), adopted after the Effective Date of this Agreement, including, without limitation, any such change by means of ordinance, initiative, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by any board, agency, commission or department of the City, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project and which would conflict in any way with or be more restrictive than the Applicable Rules or Developer's entitlements under the Project Approvals, shall not be applied to the Project during the term of this Agreement unless such changes represent an exercise of the City's Reserved Powers.
(b) Chanees in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, development of the Project shall be subject to changes occurring from time to time in the provisions of the City's building, mechanical, plumbing and electrical regulations which are based on the recommendations of a multi-state professional organization and become applicable throughout the City, including, but not limited to, the California Building Code, and other similar or related uniform codes.
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(c) Changes Mandated by Federal or Califomia Laws or Regulations.

Changes in, or additions to, the Applicable Rules adopted or made operative on or after the Effective Date shall apply to the Project if such changes or additions are specifically mandated to be applied to developments such as the Project by applicable California or federal laws or regulations. If the City or Developer believes that such a change or addition required by California or federal law or regulation exists, then that Party shall provide the other Party hereto with a copy of such California or federal law or regulation and a statement of the nature of its conflict with the provisions of the Applicable Rules and/or of this Agreement. For the purposes of this Agreement, the City's determination as to the applicability of California or federal laws to the Project shall be final and conclusive.

Changes in Processing Fees Under Applicable Rules. The Project shall be subject to any increase in Processing Fees imposed by the City, provided that such a change is applied on a Citywide basis.

I 0. Developer's Obligations.
(a) Conditions of Approval. Developer shall comply with the Conditions of Approval.
(b) Reimbursement of Project Approval Costs. No later than the thirty (30) days following the Effective Date, Developer shall reimburse the Cify for all of its costs to process the Project Approvals, including legal and environmental processing costs related to the Project Approvals and preparation of this Agreement, if any. (c) Processine Fees. Developer agrees to pay all Processing Fees, including City plan check fees, building inspection fees, and permit fees, at the rate and amount in effect at the time the fee is required to be paid.
(d) Municipal Surcharee. The owner of the Hotel, shall pay to the City as set forth below, in perpetuity, a percentage of the Gross Room Revenue generated by the Hotel (the "Municipal Surcharge").
(i) Amount of Municipal Surcharge. For a period of one ( I ) year after the initial occupancy of the Hotel, Developer shall pay to the City a Municipal Surcharge in the amount of one percent (l%) of the Gross Room revenue generated by the Hotel. After the initial one ( I ) year period, the Municipal Surcharge shall be two percent (2%) of the Gross Room Revenue generated by the Hotel. After the initial two (2) year period, the Municipal Surcharge shall be three percent (3%\ of the Gross Room Revenue generated by the Hotel as long as the Hotel exists.
(ii) Timing of Pal,menl. The Municipal Surcharge shall by payable monthly, based on the actual Gross Room Revenue received during the month for which payment is to be made, at the same time and in the same manner as is required for payment of the City's transient occupancy tax imposed pursuant to Title 3, Chapter 3.20 of the Yucaipa Municipal Code, or its successor. -9
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(iir) Acknowledgemenr. The parties acknowledge and agree that the Municipal Surcharge is not a tax or a levy by City.
(iv) Late Charges, lnterest. If Developer fails to pay the Municipal Surcharge within ten (10) days after its due date, Developer shall pay a late charge in the amount equal to the lesser of (a) $2,000, increased on the first day of each calendar year by the increase, if any, during the immediately preceding calendar year in the Consumer Price Index - All Urban Consumers for Los Angeles-Riverside-Orange County, California as published by the U. S.

Department of Labor, Bureau of Labor Statistics (or any successor thereto); or (b) four percent (4%) of the Municipal Surcharge payment due but not paid. The parties hereto acknowledge and agree that the amount of the costs and expenses that City will incur in the event the Municipal Surcharge is not paid when due is extremely difficult to calculate, and that the late charge set forth in the immediately preceding sentence is a reasonable, good faith estimate of such costs and expenses, but payment of such late charge shall not limit the City's remedies following any default by Developer under this Agreement. If any Municipal Surcharge, including any late charge, is not paid within ten (10) days after the date on which the Surcharge is due, then such Municipal Surcharge (including any late charge) shall bear interest, from the due date until paid, at the rate that is the lesser of (i) ten percent (10%), or (ii) the highest rate then permitted by applicable law.
(e) Utility Fees. Developer shall pay all project-related utility fees, including but not limited to water connection fees and sewage treatment plant expansion fees. (0 Developer agrees to submit necessary applications, including but not limited to a conditional use permit, sign permit, grading plan, and variance, for a freeway sign. (g) Developer and its contractors shall carry out the design and construction of all private improvements on the Property and all Public Improvements in conformity with all applicable laws, including, without limitation, all applicable federal, state and local occupation, employment, prevailing wage, safety and health [aws, rules, regulations and standards.

Developer agrees to indemniff, defend and hold the City and other indemnified parties (as set forth in Section l8 below) harmless from and against any cost, expense, claim, charge or liability relating to or arising directly or indirectly from any breach by or failure of Developer or its contractor(s) or agents to comply with such [aws, rules or regulations. Developer's indemnity obligations set forth in this Section shall survive the termination or expiration of this Agreement.

O. Developer agrees to offer a l5o/o discount for four (4) guestrooms for two (2) consecutive nights, for four (4) times per year to the City for use by visitors, contractors and/or agents of the City during the various festivals and community events sponsored by the City of Yucaipa and described in Exhibit F attached hereto and incorporated herein by reference. - l0-
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l. City Commitments.
(a) City agrees to provide excess soil from City projects, which soil the City seeks to dispose of, and only to the extent that such excess soil is available and not needed for any other purpose, to the Project. In the event the costs associated with the transport of the soil from City projects are not included in the City project costs, the developer shall be responsible for transport of any such excess soil, and any and all costs associated with such transport from any city project location to the Project Site.
(b) The City agrees to coordinate and cooperate with the relevant agencies to facilitate the construction of necessary off-site sewer infrastructure. This provision shall not be construed as creating any City responsibility or any costs related to permitting or construction of the necessary sewer infrastructure.
(c) Pursuant to the City's Capital Improvement Program the City agrees to undertake improvements to the Wilson Creek Flood Control Channel and/or Dunlap Boulevard Bridge in the area adjacent to the property as shown on the attached Exhibit D, attached hereto and incorporated herein, including removal and replacement of the Dunlap Boulevard Bridge and utilities contained therein.
(d) The City and Developer agree to undertake the extension of the retaining wall for an additional 150 feet approximately between the Wilson Creek Flood Control Channel and the planned outdoor swimming pool area shown on Exhibit E, attached hereto and incorporated herein. The cost of this wall extension shall be shared in the same percentage by the City and Developer in the same shared percentage as the original wall construction. The City share of the cost is in the amount of $33,950.
(e) The City will reimburse Developer for expenses incurred by Developer to relocate Utility Facilities along Dunlap Boulevard to support the Project. This is the City's reimbursement to Developer in the amount of $207,000 if Developer initiates the effort to relocate said utility lines described in Exhibit C attached hereto. (0 [n view of the Title issues that have been encountered during the Title search of Dunlap Boulevard's underlying ownership and as compounded by the Utility Easements encumbering Dunlap Boulevard ROW, it would be impractical for the Developer to apply for the vacation of Dunlap Boulevard. Instead, the City agrees to grant to the Developer an Easement on and over Dunlap Boulevard for reciprocal access, utilities, parking, and landscape areas as an integral part of its Project as shown on Exhibit C, attached hereto and incorporated herein.
(g) The City will utilize best efforts to complete Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) process to remove the Property from the FEMA Flood Map designated "Floodwo)", such that grading and placement of imported soil will be permitted on the Property. Best efforts shall not include any financial payment or commitment by the City.
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(h) The City agrees to coordinate and cooperate with the relevant agencies to facilitate the construction of necessary off-site water infrastructure. This provision shall not be construed as creating any City responsibility to construct the improvements or for any costs related to permitting or construction of the necessary water infrastructure.

2. Issuance of Building Permit. The City shall be under no obligation to issue a Building Permit for any portion of the Project until: (i) all the fees and other obligations set forth in Section l0 and due prior to or concurrent with issuance of the Building Permit have been fully paid or otherwise fulfilled or satisfied; and (ii) any lender whose lien is prior and superior to any conveyance or covenant required by this Agreement shall have agreed to subordinate its lien to the conveyances and covenants created and required by this Agreement. The forgoing notwithstanding, nothing herein shall limit or restrict the ability of the City to grant Building Permits for the buildings and structures existing on the Property as of the Effective Date or limit or restrict the right of Developer to secure Building Permits for buildings or structures existing on the Property as of the Effective Date.

3. Default. Failure by City or Developer to perform any term or provision of this Agreement for a period of thiny (30) days from the receipt of written notice thereof from the other shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specifu in detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. lf the nature of the alleged default is such that it cannot reasonably be cured within such thirty (30) day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period.

Subject to the foregoing, after notice and expiration of the thirty (30) day period without cure, the notifying party, at its option, shall have all rights and remedies provided by law and/or may give notice of intent to terminate this Agreement pursuant to Govemment Code Section 65868. Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the City Council within thirty (30) calendar days in the manner set forth in Govemment Code Sections 65867 and 65868. Following consideration of the evidence presented in said review before the City Council and a determination that a default exists, the Party alleging the default by the other Party may give written notice of termination of this Agreement to the other Party. Upon any such termination, the respective rights, duties and obligations of the Parties hereto shall without further action cease as of the date of such termination (except as to duties and obligations that arose prior to the date of such termination).

In no event shall monetary damages be available against the City for any alleged default or breach by the City. In no event shall consequential damages be available against Developer or any seller of any portion of the Property for any alleged default or breach of this Agreement.

4. Termination and Expiration. Upon the expiration of the term or termination of this Agreement, the vested rights provided by this Agreement shall terminate and be of no further force or effect. However, such expiration or termination shall not affect Developer's obligations under Subsections l0(b), l0(c) or l0(d), nor the obligation to pay any claim of any Party hereto arising out of the provisions of this Agreement prior to the effective date of such termination provided that a Building Permit has been issued for any portion of the Project. After a Building Permit has been issued for any portion of the Project, the obligations under Section 10, and the -t2-
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obligation to pay any claim arising before the effective date of expiration or termination shall continue after termination in perpetuity or until completed.

5. Transfers of Interests in Property or Agreement. In the event of a proposed transfer of interest in the Property or in this Agreement by Developer to a transferee Developer agrees to provide the City at least thirty (30) days written notice of such proposed transfer and shall provide satisfactory evidence that the transferee will assume in writing through an assignment and assumption agreement all remaining obligations of Developer under this Agreement. The assignment and assumption agreement shall be in a form reasonably satisfactory to the City Attorney. However, Developer has no obligation to obtain the consent of the City to assign this Agreement to a transferee. Notwithstanding the foregoing: (i) the terms, covenants and conditions of this Agreement shall be binding upon any transferee whether or not such an assignment and assumption agreement is signed by the assignee upon acquiring the Property; and (ii) no such transfer shall relieve Developer (transferor) of any obligations under this Agreement unless: (A) at least thirty (30) days before any transfer, Developer has submitted to City the name of the proposed transferee and financial information regarding the transferee reasonably satisfactory to the City's Chief Financial Officer, and the City determines, prior to transfer, that the proposed transferee is able to satisfactorily fulfill the obligations of this Agreement, and (B) the transferee accepts, in writing, the obligations of Developer under this Agreement. Such writing shall be in form and content reasonably satisfactory to the City Attorney.

6. Mortgagee Protection.
(a) In GeneraL The provisions of this Agreement shall not prevent or limit Developer's right to encumber the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to such portion. The City acknowledges that Mortgagees may require certain interpretations and modifications of this Agreement and agrees upon request, from time to time, to meet with Developer and representatives of such Mortgagees to negotiate in good faith any such request for interpretation or modification. The City shall not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement and does not. in the City's sole determination, diminish the City's benefits from this Agreement or the security for those benefits. Any Mortgagee shall be entitled to the rights and privileges set forth in this Section. (b) Notice of Default to Mortgagee. If a Mortgagee has submitted a request in writing to City in the manner specified herein for giving notices, the City shall exercise its best efforts to provide to such Mortgagee written notification from the City of any failure or default by Developer in the performance of Developer's obligations under this Agreement, which notification shall be provided to such Mortgagee at such time as such notification is delivered to Developer.
(c) Right of Mortgagee to Cure. Any Mortgagee shall have the right, but not the obligation, to cure any failure or default by Developer during the cure period allowed Developer under this Agreement, plus an additional sixty (60) days if, in order to cure such failure or default, it is necessary for the Mortgagee to obtain possession of the property such as by seeking the appointment of a receiver or other legal process. Any Mortgagee that undertakes - 13-
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to cure or attempt to cure any such failure or default shall provide written notice to the City that it is undertaking efforts of such a nature; provided that no initiation of any such efforts by a Mortgagee shall obligate such Mortgagee to complete or succeed in any such curative efforts. (d) Liability Jbr Past Defoults or Obligations. Subject to the foregoing, any Mortgagee, including the successful bidder at a foreclosure sale, who comes into possession of the Project or the Property or any part thereof pursuant to foreclosure, eviction or otherwise, shall take such property subject to the terms of this Agreement and in no event shall any such property be released from any obligations associated with its use and development under the provisions of this Agreement. Nothing in this Section shall prevent City from exercising any remedy it may have for a default under this Agreement, provided, however, that in no event shall such Mortgagee personally be liable for any defaults or monetary obligations of Developer arising prior to acquisition of possession of such property by such Mortgagee.

7. Binding Effect. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land.

8. Indemnification.
(a) Developer agrees to and shall indemnifu, hold harmless, and defend, the City and its respective officers, officials, members, agents, employees, and representatives, from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or in any manner arising from this Agreement. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, elrors, and/or omissions referred to in this Section 18, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both. In the event of litigation, the City agrees, at no cost to the City, to cooperate with Developer. This indemnification, hold harmless and defense requirement shall survive the termination or expiration of this Agreement.

The City reserves the right, in cases subject to this or any other-indemnity contemplated by this Agreement, to reasonably approve the attorney selected by Developer to defend Developer and the City in any such action.
(b) In the event of any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals, CEQA review, or the MND prepared and certified for the Project, Developer shall defend, at its own expense, the action or proceeding. In addition, Developer shall reimburse the City for the City's costs in defending any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals, CEQA review, or the MND and Developer shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against the -t4-
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City. Developer shall cooperate with the City in any such defense as the City may reasonably request and may not resolve such challenge without the agreement of the City. In the event Developer fails or refuses to reimburse the City for its cost to defend any challenge to this Agreement, the Project Approvals, CEQA review, or the MND, the City shall have the right to terminate this Agreement, subject to the notice and cure requirements of Section l3 above. In all events, the City shall have the right to resolve any challenge in any manner, in its sole discretion, provided, however, Developer's consent shall be required if the resolution of the challenge shall require a payment by Developer or limit Developer's rights under this Agreement. Additionally, in the event of any litigation or referendum initiated by third parties to attack, set aside, modiff, void or annul this Agreement, any of the Project Approvals, CEQA review, or the MND (a "Challenge"), the term of this Agreement shall be tolled for the period during which such Challenge is proceeding until fully and finally resolved.

In order to ensure compliance with this Section l8(b), within twenty (20) days after notification by the City of the filing of any claim, action or proceeding to attack, set aside, void or annul this Agreement, any of the Project Approvals, CEQA review, or the MND prepared and adopted for the Project, Developer shall deposit with the City cash or other security in the amount of twenty thousand dollars ($20,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to the City of all costs related to any action triggering the obligations of this Section. If the City is required to draw on that cash or security to indemnifu or reimburse itself for such costs, Developer shall restore the deposit to its original amount within fifteen (15) days after notice from the City. Additionally, if at any time the City Attorney determines that an additional deposit or additional security up to an additional fifty thousand dollars ($50,000.00) is necessary to secure the obligations of this section, Developer shall provide such additional security within fifteen (15) days of notice from the City Attorney.

The City shall promptly notify Developer of any claim, action or proceeding within the scope of this Section and the City shall cooperate fully in the defense of any such claim or action, but shall have the right to resolve any challenge, in any manner, in its sole discretion, provided, however, Developer's consent shall be required if the resolution of the challenge shall require a payment by Developer or limit Developer's rights under this Agreement.

9. Relationship of the Parties. The Parties acknow ledge and agree that Developer is not acting as an agent, joint venturer or partner of the City, but each is, in fact, an independent contractual party and not in any way under the control or direction of the City except as is expressly provided to the contrary in this Agreement.

10. Recordation. As provided in Government Code Section 65868.5, the City Clerk shall record a copy of this Agreement with the Registrar-Recorder of the County of San Bemardino within ten (10) days following its execution by both Parties. Developer shall reimburse the City for all costs of such recording, if any.

I l. No Third Party Beneficiaries. The only signatories to this Agreement are the City and Developer. There are no third party beneficiaries and this Agreement is not intended and shall not be construed to benefit or be enforceable by any other person whatsoever other than the successors in interest ofthe signatories.
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12. Advice: Neutral Intemretation. Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. This Agreement has been drafted through a joint effort of the Parties and their counsel and therefore shall not be construed against either of the Parties in its capacity as draftsperson, but in accordance with its fair meaning.

13. Certificate of Compliance. At any time during the term of this Agreement, any Mortgagee or other party may request any Party to this Agreement to confirm that (i) this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications) and that (ii) to the best of such Party's knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults and (iii) any other information reasonably requested. Each Party hereby agrees to provide a certificate to such lender or other party within ten (10) Business Days of receipt of the written request therefor.

14. Consideration. The City and Developer acknowledge and agree that there is good, sufficient and valuable consideration flowing to the City and to Developer pursuant to this Agreement as more particularly set forth in the Recitals and Section 2 of this Agreement. The Parties further acknowledge and agree that the exchanged consideration hereunder is fair, just and reasonable.

15. Periodic Reviews.
(a) Annual Reviews. The City shall conduct annual reviews to determine whether Developer is acting in good faith compliance with the provisions of this Agreement and the Development Agreement Regulations. The reasonable cost of each annual review conducted during the term of this Agreement shall be reimbursed to the City by Developer. Such reimbursement shall include all direct and indirect expenses reasonably incurred in such annual reviews.
(b) Special Reviews. In addition, the City Council of the City may order a special periodic review of Developer's compliance with this Agreement at any time. The cost of such special reviews shall be borne by the City, unless such a special review demonstrates that Developer is not acting in good faith compliance with the provisions of this Agreement. In such cases, Developer shall reimburse the City for all costs, direct and indirect, incurred in conjunction with such a special review.
(c) Procedure for Review. The City's Department Director (the "Department Director") shall conduct the review contemplated by this Section 25 to ascertain whether Developer has complied in good faith with the terms and conditions of this Agreement during the period for which the review is conducted. The Department Director shall give Developer written notice that any such review has been commenced, and shall give Developer at least twenty (20) days after Developer's receipt of such notice to provide to the Department Director such information as Developer deems relevant to such review. In addition, upon the written request of the Department Director, Developer shall furnish such documents or other information as requested by the Department Director.
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(d) Result of Review. Il following such a review, the Community Development Director finds good faith compliance by Developer with the terms and conditions of this Agreement, the Community Development Director shall issue to Developer an executed certificate of compliance, certifying Developer's good faith compliance with the terms and conditions of this Agreement through the period of such review. Such certificate shall be in recordable form, and shall contain such information as may be necessary to impart constructive record notice of the finding of good faith compliance hereunder. Developer shall have the right to record such certificate of compliance in the Official Records of the County of San Bernardino.

If, following such a review, the Community Development Director finds that Developer has not complied in good faith with the terms and conditions of this Agreement, the Community Development Director shall specify in writing the respects in which Developer has failed to so comply. The Community Development Director shall provide Developer with written notice of such noncompliance as provided in Section 13 and the City may follow the default procedures as set forth in Section 13.
(e) Effect on Default Procedures. Nothing in this Section 25 shall be interpreted to prevent the City from providing Developer with a notice of default hereunder at any time, including any time other than during a periodic review under this Section 25, or from terminating this Agreement pursuant to the provisions of Section 13 following any event of default by Developer.

16. Future Litigation Expenses.
(a) Payment of Prevailing Party If the City or Developer brings an action or proceeding (including, without limitation, any motion, order to show cause, cross-complaint, counterclaim, third-party claim or arbitration proceeding) by reason of default, breach, tortious act, or act or omission, arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit including, but not limited to, reasonable attorneys' fees and expert witness fees.
(b) Scope of Fees. Attorneys' fees under this Section shall include attorneys' fees on any appeal and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys' fees incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.

17. Headings. The section headings used in this Agreement are for convenient reference only and shall not be used in construing this Agreement. The words "include," "including" or other words of like import are intended as words of illustration and not limitation and shall be construed to mean "including, without limitation."

18. Amendment. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the Parties or their successors in interest, as follows:
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(a) City and Developer, by mutual agreement, may terminate or amend the terms of this Agreement, and the amendment or termination shall be accomplished in the manner provided under California law for the enactment of Development Agreement amendments. (b) Except as may be otherwise agreed to by the Parties, no amendment of this Agreement shall be required in connection with the issuance of any Subsequent Project Approval. Any Subsequent Project Approval issued after the Effective Date of this Agreement automatically shall be incorporated into this Agreement and vested hereby.

19. Alterations. No alteration, amendment or modification of this Agreement shall be valid unless evidenced by a written instrument executed by the parties hereto with the same formality as this Agreement, and made in the manner required by the Development Agreement Regulations.

20. Waiver. The failure of either Party hereto to insist in any one or more instances upon the strict performance of any of the covenants, agreements, terms, provisions or conditions of this Agreement, or to exercise any election or option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition, election or option, but the same shall continue and remain in full force and effect. No waiver by any Party hereto of any covenant, agreement, term, provision or condition of this Agreement shall be deemed to have been made unless expressed in writing and signed by an appropriate official or officer on behalf of such Party.

21. Severabilitv. If any article, section, subsection, term or provision of this Agreement, or the application thereof to any party or circumstance, shall, to any extent, be invalid or unenforceable, the remainder of the article, section, subsection, term or provision of this Agreement, or the application of the same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each remaining article, section, subsection, term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

22. Force Majeure. Performance by any Party of its obligations hereunder (other than for payment of money) shall be excused during any period of "Permitted Delay," which Permitted Delay shall mean and include delay caused by an event beyond the reasonable control of the Party claiming the delay (and despite the good faith efforts of such Party) that prevents the Party from fulfilling the obligations for which it seeks excuse including without limitation all of the following to the extent that they prevent the Party claiming delay from fulfilling the obligation from which it seeks to be excused: acts of God; civil commotion; riots; strikes;picketing or other labor disputes; shortages of materials or supplies; damage to work in progress by reason of fire, floods, earthquake or other casualties; failure, delay or inability of the other Party to act; terrorism, and litigation brought by a third party attacking the validity of this Agreement, the Project Approvals or the MND.

23. Notices. All notices, disclosures, demands, acknowledgments, statements, requests, responses and other communications (each, a "Communication") to be given under this Agreement shall be in writing, signed by a signatory hereto (or an officer, agent or attorney of such party) giving such Communication, and shall be deemed effective (i) upon receipt if hand -t8-
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delivered or sent by overnight courier service; or (ii) upon delivery or the date of refusal if sent by the United States mail, postage prepaid, certified mail, retum receipt requested, in either case addressed as follows:

To Developer:Ed Haddad
ACAA Ltd. Partnership
422 Wier Road, Front Office
San Bernardino, CA 92408
With Copy to:Mirau, Edwards, Cannotr, Lewin & Tooke
P.O. Box 9058
Redlands, CA 9237 5-2258
Attn: John K. Mirau, Esq.

To City:City Manager
City of Yucaipa
3 427 2 Y ucaipa Boulevard
Yucaipz,CA 92399-2434
With Copy to Steven Graham
City Attorney
Cole Huber
2855 E. Guasti Road Suit e 4A2
Ontario, CA 92399
Any signatory hereto may from time to time, by notice given to the other signatories hereto pursuant to the terms of this Section 33 change the address to which communications to such signatory are to be sent or designate one or more additional persons or entities to which communications are to be sent.

24. Applicable Law. This Agreement shall be govemed in all respects by the laws of the State of California.

25. Time is of the Essence. Time is of the essence of this Agreement and every term or performance hereunder. Any Developer's obligation that is contingent upon an action of the City shall be tolled for the period of time of any unusual delay in the City's completion of its prerequisite action, excluding any delays resulting from the failure of Developer to process any applications diligently or fulfill other requirements necessary to enable the City to complete its prerequisite action.

26. Entire Aereement. This Agreement supersedes any prior understanding or written or oral agreements between the Parties hereto respecting the within subject matter and contains the entire understanding between the Parties with respect thereto.

27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
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28. Compliance With Law. Notwithstanding any provision of this Agreement, the Parties agree to comply with all federal, state and local laws and to act in good faith and reasonably in carrying out the terms of this Agreement.

29. Authorization. Each person executing this Agreement represents and warrants that he or she is authorized and has the [ega[ capacity to execute and deliver this Agreement on behalf of the Party for which execution has been made.

IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the -day
of- ,2024.

CITY OF YUCAIPA,
A Municipal Corporation
Mayor of the City of
Yucaip&, California
ATTEST:
)

ANA SAUSEDA
City Clerk
IAPPLICANT]
By:

Name:
lts:

By:

Name:

Its:

APPROVED AS TO FORM:APPROVED AS TO CONTENT:

STEVEN GRAHAM
City Attorney

CHRIS MANN
City Manager
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EXHIBIT A
The Property situated in the State of California, County of San Bernardino, City of Yucaipa described as follows:

A portion of lots 61, 62, 66, 73 & 74 if Tract 2187, in the City of Yucaipa, County of San Bemardino, State of California, as per map recorded in book3l, page 71, in the office of the County Recorder of said county. (A.P.N. 0301-182-l I & 12 and 0301-083-18, 19,20 &21\ -21-
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EXHIBIT B
Site Plan of Project
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02/26/2024 City Council Agenda 147

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Development Agreement

EXHIBIT C
Electrical Undergrounding Location
Utility Lines-
23 02/26/2024 City Council Agenda 148

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EXHTBIT D
Wilson Creek Flood Control Channel Improvements
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02/26/2024 City Council Agenda 149

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EXHIBIT E
Wilson Creek Flood Control Channel Retaining Wall Exhibit +
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DeYelopment Agreement

EXHIBIT F

CITY OF YUCAIPA GUESTROOM AGREEMENT
*
La Quinta lnn & Suites Yucaipa
12952 14th Street
Yucaipa, CA 92399
,-oQINTA
INNS & SU!TES

NEGOTIATED RATE AGREEMENT
Company: Oty of Yucaipa
Contact Name: Director of Development Services
Phone: (909) 797-2489
E-mail fpreciado@yucarpa gov
The La Quinta lnn & Suites Yucaipa is pleased to offer the City of Yucaipa a 15% off discounted rate for four (4) guestrooms for two (2) nights during the Yucaipa Music & Arts Festival in May, YPAC in June, YPAC in July and Five Winds in October
Our team looks forward to a productive relationship with the Oty of Yucaipa. Our main contacts include: General Manager David Lee ([email protected]) Regional Sales Manager Christine Ronning ([email protected],) and Regional Manager Kelly Herrington (Kellv@pacifi cinns. com)

SLEEPING ROOMS & RATES
Room rates are net non-commissionable quoted exclusive of applrcable state and local taxes, fees and assessments. Quoted rates will be offered based on last room availabillty DIIICOUNTED RATE: Hotel will set up a discounted rate code under the name City of Yucaipa. The City of Yucaipa shall alert who is authorized on their behalf to make reservations It is the responsibility of the person makng the reservation to inform agent they are working with City of Yucaipa in order to receive the negotiated rate. Hotel is not responsrble for incorrect rates if they are not informed of the company name at the time of reservation. Rate is honored based on last room availability through the dates provided in proposal PAYMENT: Upon check-out, guest is responsible for payrng any remaining balance on their account Guest must notify Hctel of any disputes within 5 business days of receipt of invoice from Hotel or disputes will be considered waived
INDIVIDUAL CANGELLATIONS: lndrvidual cancellations must be received no later than 4pm day of arnval Cancellatrons received after 24 hours of arrival will be billed one night's room and tax.

NO SHOWS: "No Shovr/' guests will be billed one night's room and tax in accordance wrth the guarantee given (i e deposit, indrvidual credit card, company credit card, master account).Any remaining nights of a "no show" reservation will be cancelled EARLY DEPARTURES: The scheduled departure datewill be reconfirmed with each individual guest upon check in No charges wrll be applred to early departures CHECK IN/OUTTIME: Ourcheck rn time is3 00 PM, check outtime is 11 00AM All guests arriving before 3:00 PM will be accommodated as guest rooms become avallable Late check 26 02/26/2024 City Council Agenda 151

Development Agreement
La Quinta lnn & Suites Yucaipa
12952 14th Street
Yucaipa, CA 92399
.oQINTA

INNS & SUITES
outs between 2 00 PM and 6 00 PM will be charged a Yz day rate Guests who check out after 6:00 PM will be charged a full day rate
OUTSIDE BE\TERAGE AND FOOD lN FUNCTION SPACE: The hotel will not allow any client to bring any food or beverage items of any nature into the meeting/event rooms or other common space of the hotel without proper notification All food and beverage must be prwided through the hotel or catering must be setup and hotel notified tn advance. The only exceptions to this rule will be for a group's hospitality room or an individual's guestroom, or if a meeting group has pre-arranged catering and advised the hotel in advance All food & beverage catered to meeting will incur a gratuity charge.

HOTEL LIABILIW: The hotel shall not be liable for non-performance of this contract when such non-performance is attributable to labor troubles, disputes or strikes, accidents, government (Federal, State, and Municipal) regulations of, restrictions upon travel, transportation, non- availabilig of food, bwerages, supplies, riots, national emergencies or acts of God and other causes whether enumerated herein or not, which are beyond the reasonable control of the hotel, preventing or interfering with the hotel's performance.

SMOKE FREE POLICY: Hotel is a lOOo/o smoke free hotel ln order to protect our smoke-free environment, Hotel will post a $150 cleaning fee to the account of any guests who smoke in their guest room. This policy is strictly enforced.

Thank you again for your interest and please do not hesitate to let me knorv if you have any questions.
lf the conditions on this confirmation meet with your approval, please indicate your acceptance by signing and returning a copy within 7 days All arrangements will be considered on a tentative basis until this is signed and returned to the hotel lt is our understanding that the undersigned is empowered by said organization to accept this confirmation. 27 02/26/2024 City Council Agenda 152

ATTACHMENT 7
02/26/2024 City Council Agenda 153

PLANNING COMMISSION MINUTE EXCERPT
A Regular meeting of the Planning Commission of the City of Yucaipa was called to order in the City Hall Council Chambers, located at 34272 Yucaipa Boulevard, Yucaipa, Califomia, at the hour of 6:30 PM., on the 7th day of February 2024 with Chair J.R. Allgower presiding.

ROLL CALL PRESENT:J.R. Allgower, Chair
Tony Hicks, Vice Chair
Richard Beck, Commissioner
Stacey Chester, Commissioner
David Higginson, Commissioner
Donna Snodgrass, Commissioner
Lyle Vick, Commissioner
ABSENT:None
A quorum of the Planning Commission was present.

AGENDA ITEM NO.4
SUBJECT: GATEWAY COMMERCIAL PLAZA (CASE NO. 23-094/CUP/ARC/DA); A

CONDITIONAL USE PERMIT AND ARCHITECTURAL REVIEW FOR THE FINAL PHASE

OF THE YUCAIPA GATEWAY PROJECT THAT INCLUDES THE DEVELOPMENT OF A 1,385 SQUARE FOOT DRIVE-THROUGH COFFEE SHOP AND A 2,492 SQUARE FOOT DRIVE-THROUGH RESTAURANT ON APPROXIMATELY 1.95 ACRES LOCATED AT THE SOUTHWEST CORNER OF OAK GLEN ROAD AND I4TH STREET. THE APPLICANT

ALSO PROPOSES AN AMENDED DEVELOPMENT AGREEMENT WITH THE CITY TO REFLECT THE CURRENT PROJECT AND UPDATES. APN: 0301-182-ll AND 12, AND 0301-l 83-18,19,20 AND 21.

RECOMMENIIATION: That the Planning Commission conduct a public hearing; and:

A) Approve Conditional Use Permit No. 23-094, and if acceptable, the Architectural Design and conceptual landscaping, subject to the Conditions of Approval as contained in the Agenda Report; and
B) Adopt the Findings as contained in the Agenda Report; and C) Accept the draft amended Development Agreement as part of the proposed Project, understanding the City Council has full authority over the language and provisions of the Agreement; and
D) Determine that the Project does not require any additional environmental review pursuant Section 15162(a\ of the Califomia Environmental Quality Act of 1970 and the CEQA Guidelines, as amended; and,
E) Direct staff to file a Notice of Exemption.
02/26/2024 City Council Agenda 154

ACfION: MOTION BY COMMISSIONER VICK, SECOND BY COMMISSIONER BECK, CARRTED, 7-0-0-1, TO APPROVE STAFF RECOMMENTATION.

STATE OF CALIFORNIA }
COUNTY OF SAN BERNARDINO }
CITY OF YUCAIPA ) ss
I, Maria Koolhoven, Administrative Assistant of the City of Yucaipa, Califomia, do hereby certiff that the foregoing is a full and correct excerpt of the Minutes of a Regular meeting of the Yucaipa Planning Commission held on the 7th day of February 2024.

Maria
Administrative Assistant
02/26/2024 City Council Agenda 155

ATTACHMENT 8
02/26/2024 City Council Agenda 156

Main Office - 825 East Third Street, San Bernardino, CA 92a15-0835 | Phone: 909.387.7910 Fax: 909.387.791 1 Department of Public Works
. F'lood (lontrol
. Operations
. Solid Waste Management
. Special Districts
. Sun'eyor
o Transportation
w ww,SBCounty,gov
Noel Castillo., P.E.

Director
David Doublet, M.S., P.E.

Assistant Director

SAN BERNARDINO
COI.JNTY
RE
February 9, 2024
Transmitted Via Email
File: 10(ENV)-4.01
City of Yucaipa
Attn: Benjamin Matlock,
Deputy Director of Community DevelopmenUCity Planner
3427 2 Yucaipa Bou levard
Yucaipa, CA 92399
[email protected]

CEQA PROJECT REVIEW - NOTICE OF PUBLIC HEARING FOR THE FINAL PHASE OF THE YUCAIPA GATEWAY PROJECT. CASE NO.23.094/CUP/ARC/DA.

Dear Mr. Matlock:

Thank you for allowing the San Bernardino County Department of Public Works the opportunity to comment on the above-referenced project. We received this request on January 25,2024 and pursuant to our review, the following comments are provided:

Permits Division (Johnnv Gavman. Chief. (9091-387-1 8631:

1. The proposed Final Phase of the Yucaipa Gateway Project (Project) site is located adjacent to San Bernardino County Flood Control District (District) fee owned parcels and easements where the Wilson Creek runs along. As such, any encroachment, connection, work or construction on the District's right-of-way would require a permit from the Permits Division. lf you have any questions regarding the permitting process, please contact the San Bernardino County Flood Control District Permits Division at (909) 387-1863.

Flood Contro! Plannino and Ooerations Suooort Division (Michael Fam. Chief. (909) 387- 8120):

1. We are aware there may be storm drains in and around the site that may be affected by the proposed Project. When planning for or altering existing or future storm drains, be advised that the Project is subject to the City of Yucaipa Master Plan of Drainage (MPD). lt is to be used as a guideline for drainage in the area and is available in the City of Yucaipa offices. Any revision to the drainage should be reviewed and approved by the jurisdictional agency (i.e.

City or County).

Cor. Peur Coor (Rur.) |rssr AnUpNDAREz DewN Rowr
Vicc Chairman, Firot District Second Dirtrict Chair, Third District Cunr HncueN
Fourth District
Ios Becr, |n
Fifth District
Luther Snoke
Chief Erccutive Officer
T
02/26/2024 City Council Agenda 157

CEQA Project Review - Final Phase of the Yucaipa Gateway Project Februa ry 9, 2024

Page 2 of 3 ends

2. The proposed Project is located adjacent to a San Bernardino County Flood Control District (SBCFCD) right-of way and/or facilities (3-601-1C) for Wilson Creek. Any encroachments including, but not limited to access for grading, fence removal and installation, side drain connections, and utilities crossing on the District's right-of-way or facilities will require a permit from the SBCFCD prior to start of construction. Please contact the San Bernardino County Flood Control Permit Section at (909) 387-7995 for further information regarding this process.

Water Resources Division (Michael Fam. Chief. (909) 387-8120):

The Project consists of six parcels of which only two (APN: 0301-182-12 and 0301-183-21) directly abuts Wilson Creek (interim channel), a San Bernardino County Flood Control District facility along the north border.

The Project's location is at the southwest corner of '14th Street and Oak Glen Road, in the City of Yucaipa, and is also a part of Comprehensive Storm Drain Plan (CSDP) No. 5, dated 1979 by the SBFCD, and the Yucaipa Master Plan of Drainage (MPD), dated 2012.

According to the most recent FEMA Flood lnsurance Rate Maps (FIRM), Panel 06071C8740H, dated August 28,2008, the Project lies within Zone AE, X-shaded (500-yr. floodplain), X, and the Regulatory floodway.

The District's recommendations are most often made for site specific conditions. Therefore, the recommendations made here are general in nature untilsuch time as more detailed plans become available.

The Water Resources Division offers these comments

1. lf any activity is anticipated on the District's rightof-way, a permit shall be obtained from the District. Other on-site or off-site improvements may be required, which cannot be determined at this time.

2. One of the benefits of the CSDP/MPD is to identify the alignment of future drainage and flood control facilities. lt is hoped that the City will continue to use this document to protect the alignment of future facilities.

3. We recommend that the Project includes, and the City enforces FEMA's most current regulations for construction in a Special Flood Hazard Area (SFHA).

We respectfully request to be included on the circulation list for all project notices, public reviews, or public hearings.

APN's: FEMA Flood Zone:Right-of-Way (ROW):
030 1-182-11 X-shaded r 500-yr.), X N/A
030 1-182-12 X-shaded North border abuts fee-owned ROW
0301-183-18 AE, X-shaded, Regulatory floodway N/A
0301-183-19 AE, X-shaded, X, Regulatory floodway N/A
0301-183-20 AE, X-shaded, X N/A
030 1-183-21 North border abuts fee-owned ROW
02/26/2024 City Council Agenda 158

CEQA Project Review - Final Phase of the Yucaipa Gateway Project Februa ry 9, 2024

Page 3 of 3 ends

ln closing, I would like to thank you again for allowing the San Bernardino County Department of Public Works the opportunity to comment on the above-referenced project. Should you have any questions or need additional clarification, please contact the individuals who provided the specific comment, as listed above.

Sincerely,
Nancg Santonatti
Nancy J. Sansonetti, AICP
Supervising Planner-Capital lmprovement Section
Environmental Management Division
NS:MC.ml
i
02/26/2024 City Council Agenda 159

ATTACHMENT 9
02/26/2024 City Council Agenda 160

14 STREETWILSOWILSON CREEKDUNLAP BLVDOAK GLEN ROADEXISTINGFUEL STATIONCANOPYEXISTINGCONVENIENCESTOREEXISTINGCAR WASHEXISTING HOTELEXISTINGRETENTION BASINDrive ThruRestaurantDIGITAL ORDERSCREENMENU BOARDPEDSTRIAN RAMPPRE MENU BOARDDrive ThruCoffee Shop(CR) REGIONAL COMMERCIAL(CS) SERVICE COMMERCIAL(CS) SERVICE COMMERCIALDUNLAP BLVDA1.01177 IDAHO STREET, STE 200AREDLANDS, CALIF. 92374PH 909 322-7582email [email protected] PLAZADrive Thru Coffee andDrive Thru RestaurantAREA OF P.U.P. DEVELOPMENTPROJECT DATA:2' -1"3'8"PARKING SUMMARYHOURS OF OPERATION02/26/2024 City Council Agenda161

A2.01177 IDAHO STREET, STE 200AREDLANDS, CALIF. 92374PH 909 322-7582email [email protected] PLAZADrive Thru Coffee andDrive Thru Restaurant02/26/2024 City Council Agenda162

BUILT-UP ROOFSLOPEA3.01177 IDAHO STREET, STE 200AREDLANDS, CALIF. 92374PH 909 322-7582email [email protected] PLAZADrive Thru Coffee andDrive Thru Restaurant02/26/2024 City Council Agenda163

+18'-0"TOP OF PARAPET+9'-6"B.O. CANOPY+0'-0"TOP OF SLAB+19'-6"TOP OF PARAPET+18'-0"TOP OF PARAPET+16'-0"TOP OF PARAPET+0'-0"TOP OF SLAB+9'-6"B.O. CANOPY+19'-6"TOP OF PARAPETA4.01177 IDAHO STREET, STE 200AREDLANDS, CALIF. 92374PH 909 322-7582email [email protected] PLAZADrive Thru Coffee andDrive Thru RestaurantFINISH SCHEDULE132FINISH MATERIALALUMINUM STOREFRONT SYSTEMHOLLOW METAL DOOR AND FRAMEFASCIA7456910STUCCO EXPANSION JOINT8CLADDING - WOOD APPEARANCESCUPPER AND DOWNSPOUTMETAL CANOPYSTUCCO SYSTEMEXTERIOR WALL SCONCESTUCCO CORNICE11 DRIVE-THRU WINDOW12 METAL COPING13 ADDRESS NUMERALS14 METAL MECHANICAL SCREEN - NATURAL METAL AFINISH COLOR BCDECORONADO STONE - "RUSTIC LEDGE" LEDGESTONEFGSHERWIN WILLIAMS - SW7005 - PURE WHITEANODIZED TO MATCH - SW7645 - FUNCTIONAL GRAYPOWDERCOAT TO MATCH - PPG KNIGHTS ARMOR 1001-6HIPOWDERCOAT TO MATCH - SW7645 - FUNCTIONAL GRAYSHERWIN WILLIAMS - SW7645 - FUNCTIONAL GRAYPAINT TO MATCH - SW7645 - FUNCTIONAL GRAYDUNN EDWARDS - DE6062 - TEA BAGDUNN EDWARDS - DE6119 - NEUTRAL VALLEYJKLPREFINISHED BLACK COLORPPG FOG 1010-2PPG KNIGHTS ARMOR 1001-6MNDUNN EDWARDS - DE5293 - PERSIMONDUNN EDWARDS - DE5357 - CREAM PUFF15 DECORATIVE LIGHT SCONCE16STONE VENEER ODUNN EDWARDS - DE6111 - S' MORES02/26/2024 City Council Agenda164

+18'-0"TOP OF PARAPET+16'-0"TOP OF PARAPET+0'-0"TOP OF SLAB+20'-0"TOP OF PARAPET+22'-0"TOP OF ROOF+9'-6"B.O. CANOPY+9'-6"B.O. CANOPYXXXXX+18'-0"TOP OF PARAPET+9'-6"B.O. CANOPY+0'-0"TOP OF SLAB+18'-0"TOP OF PARAPET+0'-0"TOP OF SLAB+20'-0"TOP OF PARAPET+22'-0"TOP OF ROOF+19'-6"TOP OF PARAPETA5.01177 IDAHO STREET, STE 200AREDLANDS, CALIF. 92374PH 909 322-7582email [email protected] PLAZADrive Thru Coffee andDrive Thru RestaurantFINISH SCHEDULE132FINISH MATERIALALUMINUM STOREFRONT SYSTEMHOLLOW METAL DOOR AND FRAMEFASCIA 7456910STUCCO EXPANSION JOINT8CLADDING - WOOD APPEARANCESCUPPER AND DOWNSPOUTMETAL CANOPYSTUCCO SYSTEMEXTERIOR WALL SCONCESTUCCO CORNICE11 DRIVE-THRU WINDOW12 METAL COPING13 ADDRESS NUMERALS 14 METAL MECHANICAL SCREEN - NATURAL METAL AFINISH COLOR BCDECORONADO STONE - "RUSTIC LEDGE" LEDGESTONEFGSHERWIN WILLIAMS - SW7005 - PURE WHITEANODIZED TO MATCH - SW7645 - FUNCTIONAL GRAYPOWDERCOAT TO MATCH - PPG KNIGHTS ARMOR 1001-6HIPOWDERCOAT TO MATCH - SW7645 - FUNCTIONAL GRAYSHERWIN WILLIAMS - SW7645 - FUNCTIONAL GRAYPAINT TO MATCH - SW7645 - FUNCTIONAL GRAYDUNN EDWARDS - DE6062 - TEA BAGDUNN EDWARDS - DE6119 - NEUTRAL VALLEYJKLPREFINISHED BLACK COLORPPG FOG 1010-2PPG KNIGHTS ARMOR 1001-6MNDUNN EDWARDS - DE5293 - PERSIMONDUNN EDWARDS - DE5357 - CREAM PUFF15 DECORATIVE LIGHT SCONCE16STONE VENEER ODUNN EDWARDS - DE6111 - S' MORES02/26/2024 City Council Agenda165

A6.01177 IDAHO STREET, STE 200AREDLANDS, CALIF. 92374PH 909 322-7582email [email protected] PLAZAStarbucks / Backyard Burgers02/26/2024 City Council Agenda166

6:12PITCH6:12PITCH6:12PITCH6:12PITCHBUILT-UP ROOFROOF SLOPE1/4":12" MIN.ROOF SLOPE1/4":12" MIN.A7.01177 IDAHO STREET, STE 200AREDLANDS, CALIF. 92374PH 909 322-7582email [email protected] PLAZAStarbucks / Backyard Burgers02/26/2024 City Council Agenda167

TS6TS1LF2ST2+20'-6"TOP OF PARAPETS4TS5ST7+23'-8"TOP OF PARAPET9'-0"CEILING HGT0'-0"T.O. SLABS1CV1CV1WT1315'-0"TOP OF ROOF+26'-4"TOP OF ROOFWT3WT16R1R4WT4+20'-6"TOP OF PARAPETS1CV1S2S4TS6ST5ST1STA3WT28WT17ST212'-0"TOP PLATEWT27WT28WT17S1CV1ST6S1+23'-8"TOP OF ROOF+12'-9"TOP OF TRELLIS+19'-8"TOP OF PARAPETLF2WT7CV1WT11S49'-0"CEILING HGT0'-0"T.O. SLAB15'-0"TOP OF ROOFR3WT4WT5CV2WT16WT4WT3R1+26'-4"TOP OF ROOFR4+21'-0"TOP OF PARAPET+23'-8"TOP OF PARAPET12'-0"TOP PLATEA8.01177 IDAHO STREET, STE 200AREDLANDS, CALIF. 92374PH 909 322-7582email [email protected] PLAZAStarbucks / Backyard BurgersFINISH SCHEDULE LEGEND“”“”“”“”“”“”“”“”“”“”” ” ” ” ” ” ” ” ” ” ” ” ”” ” ”” ” ”” ” ”” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ”” ” ” ” ” ” ” ” ” ” 02/26/2024 City Council Agenda168

PS20'-0"T.O. SLAB+19'-8"TOP OF PARAPET+23'-8"TOP OF ROOFW5R3WT4WT5ST2CV2S1CV1TS6S1CV1+20'-6"TOP OF PARAPETL1CV1W3WT13LF2+26'-4"TOP OF ROOFWT3WT16R1R4WT4R3W2ST2+20'-0"TOP OF PARAPET9'-0"CEILING HGT12'-0"TOP PLATEVARIESTOP OF ROOF+23'-8"TOP OF PARAPETW5ST7R5S4TS5W20'-0"T.O. SLAB15'-8"TOP OF ROOF+20'-6"TOP OF PARAPETS4S1WT5WT4R3LF2CV1ST2S1P18WT14W2TS4CV1WT17WT28+12'-9"TOP OF TRELLISLF2CV1S1WT27+26'-4"TOP OF ROOFR420'-6"TOP OF PARAPETR39'-0"CEILING HGT12'-0"TOP PLATEA9.01177 IDAHO STREET, STE 200AREDLANDS, CALIF. 92374PH 909 322-7582email [email protected] PLAZAStarbucks / Backyard BurgersFINISH SCHEDULE LEGEND“”“”“”“”“”“”“”“”“”“”” ” ” ” ” ” ” ” ” ” ” ” ”” ” ”” ” ”” ” ”” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ”” ” ” ” ” ” ” ” ” ” 02/26/2024 City Council Agenda169

02/26/2024 City Council Agenda170

Yucaipa City CouncilFebruary 26, 2024

Yucaipa City Council
February 26, 2024