Cities Index.
Agenda packet

Yucaipa City Council
May 13, 2024

Document
Agenda packet
Meeting
May 13, 2024
Body
Yucaipa City Council
Pages
139
Original file
856 KB
Text extracted from the city's file for reading and search. Open the original on coydocs.yucaipa.gov. That file is the official record.

SECTION 6. Section 11370.4 of the Health & Safety Code is amended to read:
11370.4. (a) -A.-ty Lb A person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, or 11352 with respect to a substance containing heroin, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as specified in paragraph (6) of subdivision (b) of Section 11055 shall receive an additional state prison term as follows:
05/13/2024 City Council Agenda 329

A I the substance exceeds one kilogram by weight, the person shall receive an additional term of three years.

B 1 the substance exceeds four kilograms by weight, the person shall receive an additional term of five years.
�Cff the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 10 years.

D I the substance exceeds 20 kilograms by weight, the person shall receive an additional term of 15 years.

E I the substance exceeds 40 kilograms by weight, the person shall receive an additional term of 20 years.

F I the substance exceeds 80 kilograms by weight, the person shall receive an additional term of 25 years.

L The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (b) An�-1 A person convicted of a violation of, or of conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5 with respect to a substance containing methamphetamine, amphetamine, phencyclidine (PCP) and its analogs shall receive an additional state prison term as follows:

A I the substance exceeds one kilogram by weight, or 30 liters by liquid volume, the person shall receive an additional term of three years.
05/13/2024 City Council Agenda 330

0 I the substance exceeds four kilograms by weight, or 100 liters by liquid volume, the person shall receive an additional term of five years.
(C) If the substance exceeds 10 kilograms by weight, or 200 liters by liquid volume, the person shall receive an additional term of 10 years.

D I the substance exceeds 20 kilograms by weight, or 400 liters by liquid volume, the person shall receive an additional term of 15 years.
(2) In computing the quantities involved in this subdivision, plant or vegetable material seized shall not be included.

LR The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially involved in the planning, direction, execution, or financing of the underlying offense. (c) (1) A person convicted of a violation of or of a conspiracy to violate, Section 11351 or 11352 with respect to a substance containing fentanyl shall receive an additional state prison term as ollolvs:
(A) if the substance exceeds 28.3E grams (one ounce) by weight, the person shall receive an additional term of three . years.
(B) Ethe substance exceeds 100 ,grams by weight, the person shall receive an additional term of five years.
(C) If the substance exceeds 500 grams by weight, the person shall receive an additional term of seven years.
(D) kthe substance exceeds one kilogram by wei hg t, the person shall receive an additional term of 10 years.
(E) Ifthe substance exceeds four kilo ams y wei hg t, the person shall receive an additional term of 13 years.

LF) If the substance exceeds 10 kilograms by weight, the person shall receive an additional term of 16 years.
(G) If the substance exceeds 20 kilograms by weight. the person shall receive an additional term of 19 years.
7 05/13/2024 City Council Agenda 331

(H) Ifthe substance exceeds 40 kilograms by weight, the person shall receive an additional term of 22 years.
(I) If the substance exceeds 80 kilograms by weight, the person shall receive an additional term 0 25 years.
(2) The conspiracy enhancements provided for in this subdivision shall not be imposed unless the trier offact finds that the defendant conspirator was substantially involved in the planning, direction, execution. or financing of the underlying offense. (e) LdjThe additional terms provided in this section shall not be imposed unless the allegation that the weight of the substance containing heroin entan l cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, methamphetamine, amphetamine, or phencyclidine (PCP) and its analogs exceeds the amounts provided in this section is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(e)Notwithstanding pang (9) ofsubdivision (h) of Section 1170 of the Penal Code, a defendant convicted ofan underlying violation specified in this section who admits an enhancement pursuant to this section or for whom an enhancement pursuant to this section is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) of Section 1170 of the Penal Code.
(d) fQThe additional terms provided in this section shall be in addition to any other punishment provided by law.
(e) fglNotwithstanding any other ^. ^Flaw, the court may strike the additional punishment for the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional punishment.

SECTION 7. Article 8 (commencing with Section 11395) is added to Chapter 6 of Division 10 of the Health & Safety Code, to read:
11395. (a) This section shall be known as the "Treatment -Mandated Felony. " (b) (1) Notwithstanding any other law, and except as provided in subdivision (d), a person described in subdivision (c) who possesses a hard drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
0 05/13/2024 City Council Agenda 332

(2) A person shall not be sentenced to jail or prison pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4) of subdivision (d) applies to that person. (c) Subdivision (b) applies to a person who has two or more prior convictions for a felony or misdemeanor violation of Sections 11350, 11351, 11351.5, 11352, 11353, 11353.5, 11353.7, 11370.1, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, or 11395, including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact.
(d) (1)(1) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a defendant charged with a violation of this section may elect treatment by pleading guilty or no contest to a violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the pronouncement of judgment, and agreeing to participate in, and complete, a detailed treatment program developed by a drug addiction expert and approved by the court. A defendant's plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph (4) for a violation of this section. (ii) Upon or subsequent to arraignment for a violation of this section, and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse and mental health evaluation of the defendant. The expert shall submit a report of the evaluation to the court and parties. The evaluation may be based on an interview of the defendant and/or other individuals with relevant knowledge and review of records the expert deems appropriate, such as medical records, criminal history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendant's interview nor evidence derived from the interview may be used against the defendant at any subsequent trial for the instant offense except for the purposes of impeachment should the defendant testify inconsistently. The evaluation shall detail the defendant's drug abuse and/or mental health issues, if any, so the court and parties may better determine appropriate handling of the defendant's case. (iii) Concurrent with the order for a substance abuse and mental health evaluation of the defendant, and with the defendant's consent, the court shall also order that a case worker or other qualified individual determine whether the defendant is eligible to receive Medi-Cal, Medicare, or any other relevant benefits for any programs or evaluations under this section. If the defendant did not previously consent to an eligibility determination at arraignment, the court shall order the eligibility determination upon and as a condition of the defendant's agreement to participate in and complete a treatment program as described in this subdivision. (2) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job training, and any other conditions related to treatment or a successful outcome for the defendant that the court finds appropriate. The court must hold regular hearings to review the progress of the defendant. The court shall make referrals to programs that provide services at no cost to the participant and have been deemed by the court, the drug addiction expert, and 05/13/2024 City Council Agenda 333

the parties to be credible and effective. A defendant may also choose to pay for a program that is approved by the court.
(3) Upon the defendant's successful completion of the treatment program as specified in paragraph (2), the positive recommendation of the treatment program, and the motion of the defendant, prosecuting attorney, the court, or the probation department, the court shall dismiss this charge against the defendant and the provisions of Section 1000.4 of the Penal Code, as it read on the effective date of this section, shall apply, including the provision that the arrest upon which the defendant was deferred shall be deemed to have never occurred. A dismissal based on the successful completion of treatment shall not count as a conviction for any purpose, including for determining punishment pursuant to subdivision (b). (4) If at any time it appears that the defendant is performing unsatisfactorily in the program, is not benefiting from treatment, is not amenable to treatment, has refused treatment, or has been convicted of a crime that was committed since starting treatment, the prosecuting attorney, the court on its own, or the probation department may make a motion for entry of judgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered and the defendant sentenced. Judgment shall be imposed and the defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when the defendant has been found to have been convicted of a crime that was committed since starting treatment, the court may re -refer the defendant to treatment if the court finds that it is in the interest ofjustice to do so, that the defendant is currently amenable to treatment, and if the defendant agrees to participate in, and complete, a treatment program as described in this section.
(5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits pursuant to Section 4019 of the Penal Code or any other provision. Time spent in any other type of program or counseling is not eligible for any credits.
(e) (1) Except as provided in paragraph (2), as used in this section, "hard drug" means a substance listed in Sections 11054 or 11055, including a substance containing fentanyl, heroin, cocaine, cocaine base, methamphetamine, or phencyclidine, and the analogs of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section "hard drug" does not include cannabis, cannabis products, peyote, lysergic acid diethylamide (LSD) or other psychedelic drugs such as mescaline and psilocybin (mushrooms), or any other substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine, any other substance listed in subdivision (d) oj'Section 11055.
(fi Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
10 05/13/2024 City Council Agenda 334

(g) This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 8. Section 490.3 is added to the Penal Code to read:
490.3. Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft.

SECTION 9. Section 666.1 is added to the Penal Code to read:
666.1. (a) (1) Notwithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.
(2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Section 487, 487h, and in Chapter 5 of Title 13 of Part I of the Penal Code (commencing with Section 484).
(C) Theft from an elder or dependent adult, as described in Section 368. (D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Carjacking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496. (I) Shoplifting, as described in Section 459.5.
11 05/13/2024 City Council Agenda 335

(I) Identity theft and mail theft, as described in Section 530.5. (b) A person subject to charging under this section or actually charged with this section may be referred by a prosecuting attorney's office or by a county probation department to a theft diversion or deferred entry of judgment program pursuant to Section 1001.81. If appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.
(d)This section shall not be construed to preclude prosecution or punishment pursuant to any other law.

SECTION 10. Section 12022 of the Penal Code is amended to read:
12022. (a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. (2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle. (b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years. (3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is 12 05/13/2024 City Council Agenda 336

owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (c) M Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment in the state prison pufstiaw to subdivision (h) e f See fie 1170 for three, four, or five years. (2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code. a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) of Section 1170 of the Penal Code.
(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision (c), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.
(e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.
(f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision (c) or (d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

SECTION 11. Section 12022.6 is added to the Penal Code to read:
12022.6. (a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, as follows:
(1) If the loss or property value exceeds fifty thousand dollars ($50, 000), the court shall impose an additional term of one year
(2) If the loss or property value exceeds two hundred thousand dollars ($200, 000), the court shall impose an additional term of two years.
(3) If the loss or property value exceeds one million dollars ($1, 000, 000), the court shall impose an additional term of three years.
13 05/13/2024 City Council Agenda 337

(4) If the loss or property value exceeds three million dollars ($3, 000, 000), the court shall impose an additional term of four years.
(5) For every additional loss or property value of three million dollars ($3, 000, 000), the court shall impose a term of one year in addition to the term specified in paragraph (4). (b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 496, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.65.

SECTION 12. Section 12022.65 is added to the Penal Code to read:
12022.65. (a) Any person u�ho acts in concert with two or more persons to take, attempt to take, damage, or destroy any property, in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years. (b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(c) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.6.

SECTION 13. Section 12022.7 of the Penal Code is amended to read:
12022.7. (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to 14 05/13/2024 City Council Agenda 338

become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, "paralysis" means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. (c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years. (e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years.

As used in this subdivision, "domestic violence" has the meaning provided in subdivision (b) of Section 13700.
(f) M As used in this section, "great bodily injury" means a significant or substantial physical injury.

Q As used in this section, a person who sells. furnishes. administers, or gives away a controlled substance is deemed to have personally inflicted great bodily injury when the person_ to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452.

Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under eider subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.

SECTION 14. Chapter 36 (commencing with Section 7599.200) is added to Division 7 of Title 1 of the Government Code, to read:
7599.200. (a) This section shall be known as "Funding for the Homelessness, Drug Addiction, and Theft Reduction Act. "
15 05/13/2024 City Council Agenda 339

(b) From monies disbursed to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code and Section 6046.2 of the Penal Code, the Board of State and Community Corrections may allocate appropriate funds to counties and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision shall not preclude funding for this Act from any other source, including but not limited to the Local Revenue Fund 2011 established under Government Code Section 30025 and other such funds designated for substance abuse and mental health treatment.
(c) A defendant charged with a treatment -mandated felony is eligible for any appropriate Medi- Cal or Medicare programs or services, including but not limited to those described in Government Code Section 3002569(16)(B)(iii)-(v), for the defendant's programs specified in Section 11395 of the Health and Safety Code. A county or local government may contract directly with the State Department of Healthcare Services or any other applicable State agency to provide for the provision or administration of any applicable Medi—Cal or Medicare treatment programs.

SECTION 15. Amendments
(a) Except as provided in subdivision (b), this Act shall not be amended by the Legislature except by a statute that furthers the purposes, intent, findings, and declarations of the Act and is passed in each house by roll call vote entered in the journal, two-thirds of the membership of each house concurring, or by a statute that becomes effective only when approved by the voters. (b) The Legislature may, by majority vote, amend Section 11369 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of convictions to which it applies, and may, by majority vote, amend Section 11395 of the Health & Safety Code only to expand the list of drugs that qualify as a "hard drug" and to expand the list of applicable prior convictions, and may, by majority vote, amend Section 666.1 of the Penal Code only to expand the list of applicable prior convictions.

SECTION 16. Severability
If any provision of this Act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and applications of provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.

SECTION 17. Conflicting Initiatives
(a) This Act creates a new drug treatment statute and changes the penalties for career and serial thieves. In the event that this Act and another initiative measure or measures relating to the same subject appear on the same statewide ballot, the provisions of the other measure or measures 16 05/13/2024 City Council Agenda 340

shall be deemed to be in conflict with this measure. In the event this measure receives a greater number of affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void.
(b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. 17 05/13/2024 City Council Agenda 341

Agenda Item No. 22

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Joe Pradetto, Director of Governmental Affairs
Cory Gorham, Management Analyst
FOR: City Council Meeting of May 13, 2024
SUBJECT: Resolution No. 2024-16, Establishing the 2024 Legislative Platform RECOMMENDATION:

That the City Council adopt Resolution No. 2024-16, establishing the Yucaipa 2024 Legislative Platform.

BACKGROUND:

The City of Yucaipa (City) is a general law city, and State law has a significant impact on its operations. In recent years, the City has been successful in getting Congressional earmarks, direct federal funding for priority projects. Considering the impact that the State and Federal Legislatures may have on the City, it is important that the City advocate for policies and actions that benefit the residents of Yucaipa.

The legislative process can move fast as deadlines approach or urgent matters arise, and having a legislative platform with Council -approved policies will equip and direct staff to advocate for the City's interests when time is of the essence. At present, we bring individual actions to Council, but there are times when we miss an opportunity to engage on an issue because of the timing of the next Council meeting. If passed, staff will still bring individual items to Council that are either 1) significant enough to warrant full Council action or 2) relate to something that is not currently in the legislative platform.

The City's 2024 Legislative Platform (Platform) directs staff to support and/or oppose State and Federal actions with the aim of improving our residents' quality of life. The Platform does this by:
• Establishing Guiding Principles,
• Identifying key City projects,
• Expressing the City Council's position on issues relevant to the City, • Outlining administrative duties and responsibilities.

Legislative platforms vary in structure and scope city -by -city. Staff developed this Platform to be focused and concise because too much advocacy weakens its impact. But we need some flexibility because unforeseen issues arise on a regular basis. The Guiding Principles provide overall 05/13/2024 City Council Agenda 342

direction and provide that flexibility. The individual policy statements provide the focused directives.

Staff intends to update this Platform at the beginning of each new two-year legislative session.

This means that staff will present an update in December to precede the start of the 2025-2026 legislative session.

Guiding Principles
The Plan ourlines the following guiding principles.

1. Preserve Local Control

2. Enhance Public Safety

3. Support Infrastructure Investments

4. Promote Fiscal Stability
Projects
The Plan identifies these priority projects for which we want to obtain federal or state money.

1. Wilson III Basin Project

2. Wildwood Canyon Road/I-10 Interchange Project

3. Dunlap Park Project

4. Yucaipa Branch Library Project

5. Yucaipa Boulevard/I-10 Freeway Project
Policy Statements
The Platform articulates policy statements that underscore our commitment to the pursuit of community well-being. Statements are organized under several sections:

1. Public Safety/Criminal Justice

2. Transportation and Public Works

3. Housing, Community, and Economic Development

4. Community Services

5. General Government
The sindividual statements made under each section reflect goals and objectives for the various City departments that align their operations with City Council Goals or represent key interests for the City Concil.

Administration
By adopting this Platform, the City Council will be delegating authority to the City Manager, or their designee, the responsibility to carry out the duties of this plan. This includes taking immediate action to advocate for and /or against proposals consistent with the Platform.

Conclusion
Legislative platfoms help direct legislative efforts for the efficient use of resources and maximum impact. This Platform give staff the ability to advocate for and/or against legislative or policy 05/13/2024 City Council Agenda 343

proposals in an effort to further Council goals or protect City operations. Such a platform is valuable when urgent legislative matters arise requiring immediate action.

FISCAL IMPACT:

This item has no financial impact.

Attachments:

1. Resolution No. 2024-16
Approved By:
05/13/2024 City Council Agenda 344

ATTACHMENT 1
05/13/2024 City Council Agenda 345

RESOLUTION NO.2024-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ESTABLISHING THE YUCAIPA 2024 LEGISLATIVE

PLATFORM
WHEREAS, the City of Yucaipa (City) is a general law city, and State law has a significant impact on its operations; and
WHEREAS, in recent years, the City has been successful in getting Congressional earmarks, direct federal funding for priority projects; and WHEREAS, it is important that the City advocate for policies and actions that benefit the residents of Yucaipa; and
WHEREAS, the legislative process can move fast as deadlines approach or urgent matters arise, and having a legislative platform with Council -approved policies will equip and direct staff to advocate for the City's interests when time is of the essence; and WHEREAS, the proposed 2024 Legislative Platform (Platform) directs staff to support and/or oppose State and Federal actions with the aim of improving our residents' quality of life; and
WHEREAS, the Platform does this by establishing guiding principles, identifying key City projects, expressing the City Council's position on issues relevant to the City, and outlining administrative responsibilities; and
WHEREAS, staff intends to update this Platform at the beginning of each new two-year legislative session and will present an update in December to precede the start of the 2025-2026 legislative session; and
WHEREAS, the City Council is committed to making City operations transparent and accessible.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:

Section 1. The findings above are true and correct.

Section 2. The City Council hereby adopts the 2024 Legislative Platform attached hereto as Exhibit "A."
kil
1\1
111
05/13/2024 City Council Agenda 346

Section 3. The City Manager is authorized to amend the Communications Plan as needed.

PASSED, APPROVED, and ADOPTED this 13th day of May, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
05/13/2024 City Council Agenda 347

EXHIBIT A
05/13/2024 City Council Agenda 348

CITY OF
City of Yucaipa Legislative Platform 2024
Purpose
The City of Yucaipa (City) is a general law city, and State law has a significant impact on its operations. In recent years, the City has been successful in securing direct federal funding for priority projects.

Considering the impact that the State and Federal Legislatures may have on the City, it is important that the City advocate for policies and actions that benefit the residents of Yucaipa.

The City's 2024 Legislative Platform (Platform) directs staff to support and/or oppose State and Federal actions with the aim of improving our residents' quality of life. The Platform does this by:
• Establishing Guiding Principles,
• Identifying key City projects,
• Expressing the City Council's position on issues relevant to the City, • Outlining administrative duties and responsibilities.

To maximize efficacy and efficiency, this Platform aims to prioritize the City's legislative objectives so that staff efforts remain focused and consistent. A platform that is overly broad lacks definitive direction and wastes resources. This Platform focuses on a set of core guiding principles.

Guiding Principles
The following guiding principles outline the City Council's broad legislative policy preferences. These policy preferences will help guide staff in carrying out the City's day-to-day advocacy activities.

1. Preserve Local Control: The Yucaipa City Council believes that the government closest to the people serves the people best and that one -size -fits -all approaches do not benefit our community. Therefore, the City Council supports policies that enhance local control and opposes policies that preempt it.

2. Enhance Public Safety: The Yucaipa City Council believes that public safety is the most important function of local government. Therefore, the City Council supports policies that strengthen local law enforcement and opposes policies that impede it.

3. Support Infrastructure Investments: The Yucaipa City Council believes that modern, well -maintained infrastructure is critical to supporting commerce and protecting residents from natural disasters.

Therefore, the City Council supports investments in infrastructure that promote more efficient transportation and flood safety and opposes any effort to cut transportation or infrastructure funding for local governments.

4. Promote Fiscal Stability: The Yucaipa City Council is working to fix a structural budget deficit with minimal disruption to City services. Therefore, the City Council supports any legislative proposal that promotes the City's fiscal stability and opposes any legislative proposal that threatens to impair it. 1 05/13/2024 City Council Agenda 349

Projects
These projects are high -priority capital improvement projects that require additional funding. Their inclusion in this platform grants staff authority to pursue additional funding for these projects or to advocate to protect existing sources of funding.

1. Wilson III Basin Project: The Wilson III Basin Project is a critical flood protection project. The Project will protect life and property downstream of the project and open economic development opportunities. The City is currently in phase II of this multiphase project.

2. Wildwood Canyon Road/1-10 Interchange Project: The Wildwood Canyon Road and 1-10 Interchange Project would add a freeway interchange at a critical point of the City. Upon completion, the Project will ease freeway congestion and facilitate economic development opportunities.

3. Dunlap Park Project: The Dunlap Park Project will provide recreational opportunities for residents in the Dunlap Area. Dunlap is the City's most disadvantaged and underserved area. The Project will consist of a lake feature funded by a State Grant, a playground, and a community center.

4. Yucaipa Branch Library Project: The Yucaipa Branch Library Project will deliver a modern library to suit the City's growing needs. It will replace the old library, which has structural and ADA issues. The Library Project is funded by a $9 million State grant and local matches.

5. Yucaipa Boulevard/1-10 Freeway Project: The Yucaipa Boulevard/1-10 Freeway Project is an important traffic circulation improvement project. The Project will enhance access to the 1-10 Freeway from Yucaipa Boulevard while improving circulation at the Yucaipa Boulevard and Avenue E intersection.

Policy Statements
The following policy statements support the City Council's annual goals and direct staff to advocate for policies and actions that further its goals.

1.Public Safety/Criminal Justice: Public Safety is a top priority for the City, and the City Council supports legislative proposals that will enhance public safety and opposes legislative proposals that will erode it.

A. Support

1. Efforts to strengthen local law enforcement including, but not limited to the regulation of sales or manufacturing of dangerous drugs, prevention of driving under the influence of drugs or alcohol, criminal gang activity, the sharing of criminal history information between states, registration of sex offenders, the provision of a greater share of seized assets to localities, cost recovery from the guilty party when alcohol or drugs are present, increased sentences for criminals involved in activities such as violence, gang, narcotics, or repeated offenses, and the increase of county jail and State prison capacities, as well as new prison construction.

2. Legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.

3. Additional judges for the San Bernardino Superior Court.

4. Support local control of emergency medical services and ambulance services, including pre -hospital care and transport.

5. Efforts to grant cities more authority to prosecute misdemeanors under their municipal codes.
2 05/13/2024 City Council Agenda 350

B. Oppose

1. Impediments to local law enforcement addressing crime problems and recovering costs resulting from a crime committed by the guilty party.

2. Early release of prisoners.

3. Reclassifying felonies into misdemeanors.

4. Restricting the weapons, tools, and other resources currently available to local law enforcement.

5. Legislative efforts to change the elected status of a County Sheriff in the California Constitution to an appointed position.

6. Any legislation, policy, or effort to restrict where holders of a Conceal Carry Weapons (CCW) License may carry.

2. Transportation and Public Works: Transportation, road condition, and storm protection are critical to the City, and the City Council is working to improve road conditions, alleviate congestion, improve traffic flow, and complete flood protection projects. The City Council supports funding for local infrastructure projects and opposes efforts to reallocate or reduce funding for local infrastructure projects.

A. Support

1. Legislation that would increase funding for local transportation projects.

2. Increased State and Federal funding of transportation improvements with regional or subregional benefits for all modes of transportation.

3. Joint planning efforts and projects with Yucaipa's border cities on traffic congestion relief projects.

4. Reduction of liabilities for low-cost traffic calming measures (Tactical urbanism measures)

3.Housing, Community, and Economic Development: Nowhere is the expression of local control more evident than when it comes to land use and how a community decides to look and feel. The City Council supports policies that preserve local planning authority and oppose State and Federal central, top -down planning efforts.

A. Support

1. Programs and policies to allow jurisdictions to transfer RHNA allocations.

2. Funding to accelerate innovation and entrepreneurship in the region.

3. Funding to create new planning programs and objective standards.

4. Policies and programs that encourage jurisdictions to work together to leverage resources and assets to create and strengthen economic clusters within the region.

5. Economic development initiatives that preserve and enhance a positive business climate and maintain and grow the business tax base.

6. Efforts to create efficiencies within CEQA and support efforts to limit delays in the local planning and development process.

7. Efforts to simplify state statutes.

8. Efforts to coordinate between different state agencies so that one agency is not conflicting with the state's efforts to support development and new housing.

9. Updates to Regional Water Quality Control Board design requirements to allow more creative site design and engineering options, rather than typical modern projects that must allocate significant site area for current design requirements.

10. Local government's ability to retain full authority to reject projects or to reasonably condition project approvals and impose mitigation measures. 3 05/13/2024 City Council Agenda 351

B. Oppose

1. Efforts, policies, programs to restrict local control over land use planning, zoning, and development.

2. CEQA lawsuits from being filed for any reason other than a bonafide environmental impact.

3. Efforts to undermine local government's ability to prepare, adopt and implement plans for orderly growth, development, beautification, and conservation of local planning areas.

4. Efforts that impair the ability for cities to collect taxes and fees that are needed to support City operations as growth occurs, including more restrictive elements for Development Impact Fees and project applications.

5. Unfunded mandates and efforts that add significant administrative efforts to Community Development staff, such as duplicative reports and other new obligations to a variety of state agencies.

6. Measures which would undermine established general plan, zoning, and housing documents.

4.Community Services: The City provides a robust set of community services that includes parks, trails, recreational programming, senior programming, and arts and entertainment. The City Council desires to support legislative efforts that will bolster the City's community services and oppose efforts that will reduce quality or increase the costs of those services.

A. Support

1. Legislation and funding opportunities (e.g. federal and state park grant funds, conservancy grant funds, project mitigation funds, etc.) that helps cities build better, stronger communities by providing funding to improve air, water, parks, open space, natural resources, historic preservation, the arts and cultural resources.

2. Policies and programs that provide funding or otherwise promote programs to address and increase the level of physical activity within our community.

3. Legislation that provides adequate and consistent funding to support the acquisition, development, operation and maintenance requirements of recreation, parks and community services agencies at the local, State, and Federal levels.

B. Oppose

1. Efforts that erode funding for vital regional and community services that negatively impact Californian's access to parks, open space, bike lanes, after school programming, youth services, senior services, food programs, facilities that promote physical activity, protect natural resources and strengthen safety and security.

2. Legislation, policies, or efforts that would impair the City's ability to recover full costs.

S.General Government: The City aims to provide efficient and effective government services, maximizing the use of taxpayer money. As such, the City Council supports legislation that improves efficiency and efficacy and opposes proposals that would increase the regulatory burdens and costs of doing business or impair local sources of revenue.

A. Support

1. Increased flexibility for the utilization of municipally generated revenues. 4 05/13/2024 City Council Agenda 352

2. Changing the sales tax allocation for online purchases from the county pool to the city where the purchase is made.

3. Maximum flexibility for local government in contracting and contract negotiations.

B. Oppose

1. Efforts to borrow, redirect, or redistribute local funds from cities to the State or Federal governments.

2. Unfunded mandates.

3. Efforts to eliminate or cap the tax-exempt status of municipal bonds.

4. Any measure that imposes upon local government mandated employee benefits that are more properly decided at the local level.

5. Legislation that imposes further restrictions on local jurisdictions (or adds additional burdens) on employer/employee negotiations.

Administration
The City Council delegates the responsibility to administer this Platform to the City Manager or their designee. This delegated responsibility includes:
• Taking immediate action to advocate for and/or against legislation or actions in conformance with the Platform, including but not limited to:
o Letters of support or opposition.
o Participating in advocacy meetings.
o Providing information on how specific policies may affect the City. • Pursuing grants and other funding opportunities for projects identified in the Platform. • Participating in regional collaboration to coordinate priorities and efforts of mutual benefit. • Preparing resolutions and other actions for Council consideration, as necessary. • Retaining advocacy services in Sacramento and Washington D.C., to provide effective representation in the State and Federal legislatures.
• Tracking advocacy efforts and submitting an annual report to the Council. • Submitting updates and revisions to the Plan at the start of each two-year legislative cycle. 5 05/13/2024 City Council Agenda 353

2024 State Legislation Tracking
Bill # Title Sponsor Position Platform Match
05/13/2024 City Council Agenda 354

Other Advocacy Actions
Date Description Action Position Platform Match
05/13/2024 City Council Agenda 355

Agenda Item No. 23

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Trevor Benson, Public Safety Manager
FOR: City Council Meeting of May 13, 2024
SUBJECT: FY 2024/25 Sheriff's Schedule -A Contract
RECOMMENDATION:

That the City Council authorize the City Manager to execute an amendment to the Law Enforcement Services Contract between the City of Yucaipa and the San Bernardino County Sheriff's Department, for a total annual service contract in an amount not -to -exceed $13,961,446, less the annual personnel credit in the amount of $652,037, for a total net contract amount of not - to -exceed $13,309,409 for FY 2024/25.

BACKGROUND:

Since its incorporation, the City has always contracted for police services with the San Bernardino County Sheriff's Department (SBCSD). The SBCSD is an amazing agency, with dedicated members that have a mission and vision, which is in line with our community.

DISCUSSION:

The SBCSD has completed their annual review of the Law Enforcement Services Contract (Contract) extension for the FY 2024/25 (Attachment # 1). The Contract is reviewed annually to incorporate any cost -of -living adjustments that may be negotiated for SBCSD, both sworn and non -sworn. In addition, the Contract may be amended to reflect changes in non -negotiated items, such as liability bonding, workers compensation, vehicle and facility costs, services and supplies, and other administrative costs.

Currently, the Yucaipa Police Department has a deputy to 1,000 population ratio of 0.50, which is at the recommended ratio pursuant to the 2021 Yucaipa Police Department Staffing Study and Strategic Plan (Attachment #2 and Attachment #3).
05/13/2024 City Council Agenda 356

FISCAL IMPACT:

The recommendation results in a FY 2024/25 cost to the City of $13,309,409, which is included in the Public Safety Fund's FY 25 Proposed Budget.

Attachment(s):

1. San Bernardino County Law Enforcement Contracts "Schedule A" FY 2024/25

2. 2021 Yucaipa PD Staffing Study and Strategic Plan

3. 2024 Yucaipa PD Current Staffing Levels
Approved by:
05/13/2024 City Council Agenda 357

ATTACHMENT 1
05/13/2024 City Council Agenda 358

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contract Number
COUNTY
SAP Number
N/A
Sheriff/Coroner/Public Administrator
Department Contract Representative Kelly Welty, Chief Deputy Director of Sheriff's Administration
Telephone Number
(909) 387-0640
Contractor
City of Yucaipa
Contractor Representative
Chris Mann, City Manager
Telephone Number
909-797-2489 Ext 223
Contract Term
07/01/2024 — 6/30/2026 _
Original Contract Amount
$19,930
Amendment Amount
Total Contract Amount
$19,930
Cost Center
4430001000
IT IS HEREBY AGREED AS FOLLOWS:

WITNESSETH
WHEREAS, San Bernardino County (COUNTY) provides dispatch services throughout the geographical boundaries of San Bernardino County; AND
WHEREAS, City of Yucaipa (CONTRACTOR) desires to enter into an Agreement with the COUNTY for dispatch services within the territorial boundaries of the CONTRACTOR; NOW, THEREFORE, the parties agree as follows:

A. SCOPE OF SERVICES
COUNTY, through the San Bernardino County Sheriff/Coroner/Public Administrator (SHERIFF)(, shall provide emergency dispatch services for CONTRACTOR during the term of this Agreement.

A.1 The emergency dispatch services to be provided by COUNTY to CONTRACTOR hereunder shall include:

A.1.1 Operate and monitor radio and communications equipment in accordance with FCC regulations.

A.1.2 Monitor the location and status of field units.

A.1.3 Assign back-up assistance as warranted for field personnel.

A.1.4 Receive radio calls and inquiries from personnel, input information, and archive records. 05/13/2024 City Council Agenda
Wof5

A.1.5 Query and/or research computerized data banks for information requested.

A.1.6 Operate the Computer Aided Dispatch (CAD) system, Central Name Index (CNI), California Law Enforcement Telecommunications System (CLETS), and National Crime Information Center (NCIC) system.

A.1.7 Provide assistance and make phone calls at the request of field units for tows, notifications, etc.

A.1.8 Track calls for statistical purposes.

A.2 Emergency dispatch services shall be provided by SHERIFF to the CONTRACTOR on a twenty-four (24) hour per day basis. Any non -emergency dispatching services provided will be compensated at the overtime rate. CONTRACTOR shall provide a schedule for planned special operational events. Any training in radio operations and procedures for CONTRACTOR personnel will be provided by SHERIFF and compensated to SHERIFF at the overtime rate. The training hours and frequency will be at the discretion of SHERIFF.

A.3 SHERIFF's representative(s) shall attend CONTRACTOR meetings, when practicable, and such other meetings as necessary in carrying out services under this Agreement.

A.4 The services provided by the COUNTY hereunder shall include all equipment (including repairs thereto or depreciation thereon), supplies, communications, administration, labor, vacation and sick leave, any COUNTY retirement contributions, travel expenses, and all other services, obligations, or expenditures necessary or incidental to the duties to be performed by SHERIFF under the terms of this Agreement.

Notwithstanding the foregoing, in all instances where special supplies, stationary, notices, forms, and the like are to be issued in the name of CONTRACTOR and approved by SHERIFF, the same shall be supplied by CONTRACTOR at its own cost and expense.

B. STANDARDS OF PERFORMANCE
B.1 The standards and methods of performance, the discipline and control of personnel, the determination of proper dispatching practices and procedures, and all other matters incidental to the manner of performance of services by SHERIFF hereunder shall be determined by SHERIFF at his sole discretion.

The responsibility of SHERIFF and COUNTY to CONTRACTOR hereunder shall be to provide, as an independent contracting agency, effective dispatching services at the level herein contracted for, and CONTRACTOR shall not have the right to determine or direct the manner or means of performance.

B.2 All persons directly or indirectly employed by COUNTY in the performance of the services and functions to be provided to CONTRACTOR hereunder, shall be employees of the COUNTY, and no COUNTY employees shall be entitled to CONTRACTOR's pension, civil service, or other status or right.

B.3 CONTRACTOR shall have the right, at any time and from time to time, during the term of this Agreement to request a higher level of dispatching services than that herein contracted for, and within a reasonable time after such request, COUNTY shall provide such additional personnel as may be required to provide such additional dispatching services. Adjustment of contracted costs may be necessary.

B.4 To facilitate the performance of services hereunder by COUNTY; CONTRACTOR, its officers, agents, and employees shall give their full cooperation and assistance within the scope of the duties and responsibilities of such officers, agents, and employees.

B.5 SHERIFF shall designate a representative to work directly with and serve as liaison to CONTRACTOR.

SHERIFF's representative shall make reports as may be appropriate as determined by SHERIFF, with respect to dispatching services provided to CONTRACTOR.

C. TERM AND TERMINATION
RW"2P/gt)t0xCouncil Agenda 3 of 5

The term of this Agreement shall be for a period of two years beginning July 1, 2024, and ending on June 30, 2026. Notwithstanding the foregoing, this Agreement may be terminated at any time with or without cause by CONTRACTOR or SHERIFF upon written notice given to the other party at least ninety (90) days prior to the date specified for such termination. Any such termination date shall coincide with the end of a calendar month.

In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination, and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of termination. Neither party shall incur any liability to the other by reason of termination.

D. FISCAL PROVISIONS
DA CONTRACTOR shall pay SHERIFF the sum of money per Schedule A attached hereto and incorporated herein by reference. SHERIFF shall invoice CONTRACTOR for the cost of services quarterly in arrears, plus overtime, if any. SHERIFF shall submit a quarterly invoice including any overtime generated during the previous quarter for hours of service outside of this Agreement, outlined in the Scope of Services provision. Payment shall be due within forty-five (45) days from the date of each invoice.

D.2 Schedule A reflects the rates in effect at the Execution of this Agreement. SHERIFF shall have the right to adjust these rates annually and any subsequent rate change(s) shall become effective on July 1 of the COUNTY fiscal year (July 1 through June 30). Such rate change(s) is(are) affected by the service provided during the prior year and increased costs. SHERIFF shall provide notice to CONTRACTOR of pending rate change(s) by providing CONTRACTOR with a revised Schedule A, which shall be signed by CONTRACTOR and returned to SHERIFF.

D.3 If a change in service level is requested or required during the fiscal year, SHERIFF shall provide a revised Schedule A, incorporating such changes, which shall be signed by CONTRACTOR and returned to SHERIFF. CONTRACTOR's subsequent invoices shall be adjusted in accordance with the rate change(s).

D.4 COUNTY reserves the right to reduce the level of dispatching services resulting from labor relations actions and CONTRACTOR's obligation to pay COUNTY shall be reduced for services not performed for that reason.

E. INDEMNIFICATION AND INSURANCE REQUIREMENTS
EA Indemnification
CONTRACTOR agrees to indemnify, defend (with counsel reasonably approved by COUNTY) and hold harmless the COUNTY and its authorized officers, employees, agents and volunteers (Indemnitees) from any and all direct claims, actions, losses, damages and/or liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the COUNTY on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The CONTRACTOR indemnification obligation does not apply to the COUNTY'S "sole negligence" or "willful misconduct" within the meaning of Civil Code section 2782.

E.2 Insurance
Both CONTRACTOR and COUNTY are authorized self -insured entities for purposes of Professional Liability, General Liability, Automobile Liability, and Workers' Compensation. CONTRACTOR and COUNTY warrant that, through their respective program of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions, or obligations of this Agreement.

RM42)9?I/t4y¢ouncil Agenda M of 5

E.3 Waiver of Subrogation Rights
CONTRACTOR shall require the carriers of required coverages to waive all rights of subrogation against the COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit CONTRACTOR and CONTRACTOR's employees or agents from waiving the right of subrogation prior to a loss or claim.

CONTRACTOR hereby waives all rights of subrogation against the COUNTY.

E.4 Policies Primary and Non -Contributory
All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the COUNTY.

F. NOTICES
All written notices provided for in this Agreement, or which either party desires to give to the other, shall be deemed fully given when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County City of Yucaipa
Sheriff/Coroner/Public Administrator 34272 Yucaipa Blvd.

Attn: Contracts/Procurement Unit Yucaipa, CA 92399
655 East Third Street
San Bernardino, CA 92415
Notice shall be deemed communicated two (2) COUNTY working days from the time of mailing if mailed as provided in this paragraph.

G. AUTHORITY
The SHERIFF shall have the right to exercise the COUNTY's authority under this Agreement, including the right to give notice of termination on behalf of the COUNTY at his sole discretion.

H. AGREEMENT AUTHORIZATION
CONTRACTOR warrants and represents that the individual signing this Agreement is a properly authorized representative of the CONTRACTOR and has the full power and authority to enter into this Agreement on the CONTRACTOR's behalf.

ENTIRE AGREEMENT
This Agreement, consisting of five (5) pages and Schedule A, as attached hereto and incorporated herein by reference, represents the final, complete, and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations, or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty, or representation by any party or any representative of any party other than those expressly contained herein.

This Agreement and, if applicable, any subsequent amendments, may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.

Stan(Wd (Ia&y Council Agenda Pa93621

[With the exception of signatures, this page is intentionally left blank].

COUNTY OF SAN BERNARDINO
or type name of corporation, company, contractor, etc.) ► ►
By
Dawn Rowe, Chair, Board of Supervisors (Autnonzea signature - sign In nue m Dated:

SIGNED AND CERTIFIED THAT A COPY OF THIS

DOCUMENT HAS BEEN DELIVERED TO THE

CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
of the County of San Bernardino
By

FOR COUNTY USE ONLY
Aooroved as to Leaal Form
ON -
Grace B. Parsons, Deputy County Counsel
Date
Name Justinq Beaver
(Print or type name of person signing contract)
Title Mayor
(Print or Type)
Dated:

Address 34272 Yucaipa Boulevard
Yucaipa, CA 92399
Reviewed for Contract Compliance Reviewed/Approved by Uepartment ► ►
Date
Kelly Welty, Chief Deputy Director of
Sheriffs Administration
Date
Revi490A16H !Py Council Agenda 363

SAN BERNAGRDINO COUNTY SHERIFF'S DEPARTMENT

SCHEDULE A

EMERGENCY DISPATCH SERVICES

CITY OF YUCAIPA

CITY CODE ENFORCEMENT /ANIMAL CONTROL
FY 2024-25 *

ANNUAL SERVICE FEE
Salary and Benefits:

0.15 Dispatcher ($132,868 x 0.15 F T E)
ANNUAL COST:
$19,930
$19,930
QUARTERLY PAYMENT: $4,982.50

OVERTIME
Overtime will be billed in arrears at a rate of $64.48 per hour z R The fees on this Schedule are for fiscal year 2024-25 only, are subject to Memorandum of Understanding changes approved by the County Board of Supervisors, and will be annually reviewed and adjusted accordingly.

Revis03716541 %y Council Agenda 364

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

SAN BERNARDINO
COUN Y
Contract Number
94-526 A-40
SAP Number
N/A
Sheriff/Coroner/Public Administrator
Department Contract Representative Kelly Welty, Chief Deputy Director of Sheriff's Administration
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
(909) 387-0640
Citv of Yucai
Chris Mann, City Manager
(909) 797-2489 Ext 223
07/01/2024 through 06/30/2025
$13,289,479
$13,289,479
4413651000
/_1171I= 0Ul►►i14kikak1a 1i
Effective July 1, 2024, Contract No. 94-526 to provide law enforcement service to the City of Yucaipa is hereby amended by replacing Schedule A referred to in Section II. CONSIDERATION with the Schedule A attached hereto and incorporated herein by this reference.

Except as amended, all other terms and conditions of this Contract remain as stated therein.

Stand96164figi&itY Council Agenda Pa936155

[With the exception of signatures, this page is intentionally left blank].

SAN BERNARDINO COUNTY
IN -
Dawn Rowe, Chair, Board of Supervisors
Dated

SIGNED AND CERTIFIED THAT A COPY OF THIS

DOCUMENT HAS BEEN DELIVERED TO THE

CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
By
Deputy

FOR COUNTY USE ONLY
Approved as to Legal Form
Grace B Parsons, Deputy County Counsel
Date
Citv of Yucaipa
(Print or type name of corporation, company, contractor, etc.) By ►
(Authorized signature - sign in blue ink)
Name Justin Beaver
(Print or type name of person signing contract)
Title Mayor
(Print or Type)
Dated:

Address 34272 Yucaipa Boulevard
Yucaipa, CA 92399
Reviewed for Contract Compliance

00. Reviewed/Approved by Department
Kelly Welty, Chief Deputy Director of Sheriffs
Administration
Date Date
Revl§6d<Tiz1WBity Council Agenda Pa_366f 5

SCHEDULE A
Law Enforcement Services Contract
City of Yucaipa
2024-25
FY 2024-25

LEVEL OF SERVICE
COST

1.00 -
Captain $
568,5551

1.00 -
Lieutenant
406,966 1

6.00 -
Sergeant
1,991,4601

3.00 -
Detective/Corporal
847,1521

26.00 -
Deputy Sheriff Tier 2
6,145,412 1

2.00 -
School Resource Officer
472,7241

3.00 -
Sheriffs Service Specialist
274,092 1

1.00 -
Secretary
83,503 1

4.00 -
Office Specialist
354,3641

1.00 -
Motor Pool Services Assistant
97,9441

14.00 -
Marked Unit
303,976 2

1.00 -
Marked Unit - Slick Top
22,4032

5.00 -
Unmarked Unit
56,9702

2.00 -
Command Staff Vehicle
31,5562

4.00 -
Pickup truck
44,6782

2.00 -
Citizen Patrol Truck
16,8302
Dispatch Services
672,9331

59.00 -
HTs (Amortization, Access & Maintenance)
90,506

2.00 -
Additional MDCs
2,481

37.00 -
Taser Replacement (Amortized over 5-years)
12,432
Administrative Support
67,361
Office Automation
162,491
Body Worn Cameras
50,315
Vehicle Insurance
55,292
Personnel Liability & Bonding
824,441
Workers' Comp Experience Modification
81,386
County Administrative Cost
203,292
Cost for FY2024-25 $
13,941,516 1. 3, 4
Less Credit for Support Services to Unincorporated Areas $ (652,037) Net Cost for FY 2024-25 $
13,289,479 1. 3.4
Monthly Payment Schedule
1st payment due July 15, 2024: $1,107,452
2"d through 12th payments due the 5th of each month: $1,107,457 ' Personnel costs include salary and benefits and are subject to change by Board of Supervisors' action. Changes in salary and benefit costs will be billed to the City on a quarterly invoice. 2 Vehicle costs do not include fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage. All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.
3 No replacement cost is included for grant funded or donated vehicles. 4 Services and supplies will be billed to the City on a quarterly invoice. 5 Grant funded, donated and non -replaceable vehicles will incur a vehicle insurance and equipment connection cost for the period the vehicle is in use.

Revised VW/Wity Council Agenda Page�r�f 5

SCHEDULE A
Law Enforcement Services Contract
City of Yucaipa
2024-25
Additional Costs Billed Quarterly:

The City will be billed on a quarterly basis for the following items:
• Increase to salaries and benefits resulting from Board of Supervisors -approved changes to Memorandums of Understanding with the County's various employee organizations. • Actual overtime cost.
• Actual on -call cost (on call pay for safety employees for 2024-25 is $195 per week) • Actual cost of vehicle fuel, repair and maintenance, including the cost of collision repair. • Actual services for services and supplies.

LEVEL OF SERVICE SUMMARY
SAFETY:

GENERAL:

Captain
- 1.00
Sheriffs Service Specialist
- 3.00
Lieutenant
- 1.00
Secretary I
- 1.00
Sergeant
- 6.00
Office Specialist
- 4.00
Detective/Corporal
- 3.00
Motor Pool Service Assistant
- 1.00
Deputy Sheriff Tier 2
- 26.00
Dispatchers
- 4.74
School Resc Officer
- 2.00

13.74 39.00
VEHICLES:

DONATED VEHICLES LIST:

Marked Patrol Units
- 14.00
DUI Trailer -Universal
- 1.00 *
Marked Patrol Units -Slick Top
- 1.00
Tower Lights Trailer
- 1.00 *
Safety Unmarked Units
- 5.00
Yamaha UTV
- 1.00 *
Command Staff Units
- 2.00
Utility Trailer -Carson Runner
- 1.00 *
Pickup Trucks
- 4.00
Display Board Trailer
- 1.00 *
Citizen Patrol
- 2.00
Radar Trailer -Mighty Mover
- 1.00 *
Donated Vehicles -Ins Only
- 8.00 '`
Horse Trailer -Logan
- 1.00 *

36.00 Generator
- 1.00 *

8.00 *
* (Included for insurance costs and equipment connection fees only) Revi§§dN'h0 Mty Council Agenda Pa"f 5

SCHEDULE A
Law Enforcement Services Contract
City of Yucaipa
2024-25
Credit for Suaaort Services to Unincorcorated Areas
2024-25

LEVEL OF SERVICE
COST
-0.12
- Lieutenant
(46,958) '
-0.78
- Sergeant
(259,756) '
-0.53
- Detective/Corporal
(149,497) '
-0.42
- Sheriffs Service Specialist
(38,245)'
-0.59
- Office Specialist
(51,858)'
-0.13
- Motor Pool Services Assistant
(13,059) '
Cost for FY2024-25 $ (559,373) '
Credit for Deputy Overtime
36 hrs/pay period x 26 pay periods (936 hours x $99.00/hour) $ (92,664) CREDIT FOR SUPPORT SERVICES $ (652,037)
' Personnel costs include salary and benefits and are subject to change by Board of Supervisors' action. Changes in salary and benefit costs will be billed to the City on a quarterly invoice.

Reviaed3IIW423ity Council Agenda P"f 5

ATTACHMENT 2
05/13/2024 City Council Agenda 370

S.-1�i Bl��y�� 1J alrti)l\�O
COV1�1Interoffice Memo
DATE: August 10, 2021 PHONE: (909) 918-2305
FROM: James Williams, Captain
Yucaipa Police Department
TO: Ray Casey, City Manager
City of Yucaipa

SUBJECT YUCAIPA POLICE DEPARTMENT STAFFING STUDY AND STRATEGIC PLAN

SUMMARY -
The following staffing study and strategic plan is comprised of an evaluation, comparison, and analysis of targeted staffing levels based upon crime statistics, demographics, population growth, service demands, and sworn personnel per 1,000 population ratios. Comparisons were made to other Sheriff's Department contract cities in the valley. Subsequent analysis resulted in the identification of targeted staffing levels and their associated implementation costs.

This proposal is a recommendation to add a total of two new deputy sheriff positions to the Yucaipa Station's Law Enforcement Services Contract (Schedule "A"). In order to mitigate the financial impact to the City, it is recommended these positions be added incrementally over a one or two-year period. This type of "phased" approach would evenly distribute the associated personnel costs each subsequent fiscal year while also providing incremental increases to overall staffing levels. The current deputy to 1,000 population ratio is 0.47, below the 0.50 ratio recommended in the 2013 Yucaipa Police Department Staffing Study and Strategic Plan.

The requested positions are needed in order to meet the demands of an ever-growing business development, as well as maintaining an adequate ratio between sworn personnel and city population that facilitates a high level of operational effectiveness and ensures efficient delivery of law enforcement services to the community. The proposed positions will allow the Yucaipa Police Department to establish minimum staffing requirements consistent with other comparable cities, thus enhancing the quality of service to the public, decreasing response times and increasing availability for proactive patrol, as well as providing enhanced officer safety to the deputies in the field. 217
05/13/2024 City Council Agenda 227 371

Agenda Item No. 10

CITY OF YUCAIPA

AGENDA REPORT
TO: honorable Mayor and City Council
FROM: Raymond A. Casey, City Manager
FOR: City Council Meeting of August 23, 2021
SUBJECT: Police Department Staffing Study and Strategic Plan RECOMMENDATION:

That City Council review and approve the Police Department's Staffing Study and Strategic Plan BACKGROUND:

The Police Department provides a Staffing and Strategic Plan that is comprised of an evaluation, comparison, and analysis of targeted staffing levels based upon crime statistics, demographics, Population growth, service demands, and sworn personnel per 1,000 population ratios. Chief of Police James Williams will present the attached Staffing Study and Strategic Plan to Council and respond to any questions that Council may have.

FISCAL IMPACT:

None
Attachment: Police Department Staffing Study and Strategic Plan 216
05/13/2024 City Council Agenda 228 372

CURRENT STATION OPERATION & STAFFING:

In terms of overall staffing levels, Yucaipa currently has a total of 46 full-time positions. 37 are sworn (safety) positions and nine are professional staff positions. In addition to command and support staff, there are a total of 26 deputy, three detective and six sergeant positions approved for FY 2021/22.

STATION ORGANIZATION CHART:

Captain
James Williams
Lieutenant
Secretary I
Robert Warrick
i
Admin Sergeant
Det. Sergeant
AM1 Sergeant
PM1 Sergeant
AM2 Sergeant
PM2 Sergeant
Office Specialist j
Detective
Deputy
Deputy
Deputy
Deputy
Office Specialist
Detective
Deputy
Deputy
Deputy
Deputy
Office Specialist
Detective
Deputy
Deputy
Deputy
Deputy
Office Specialist
MET Deputy
Deputy
Deputy
Deputy
Deputy
SSS
MET Deputy
Deputy
+1 Deputy
Deputy
approved
SSS
QOL Deputy
+1 SSS approved
APSICFS Deputy
Le end:

Sworn
MPSA
SRO • Deputy
Professional Staff
Traffic Deputy
Traffic Deputy

CAPTAIN

LIEUTENANT

SERGEANT
6 - 6

DETECTIVE
3 - 3
DEPUTY i
25 +1 26

SECRETARY I
1 - 1
i

SHERIFF'S SERVICE SPECIALIST
2 +1 3

AUTOMOTIVE OFFICER

OFFICE SPECIALIST
4 - 4
TOTAL i
44 + 2 1 46
PIF,

Page 2 ends

05/13/2024 City Council Agenda 229 373

13 2019 Patrol Station Staffing & Workload Calculator:

The following charts provide comparisons with other Sheriff's Department contract cities in the valley. Comparisons are based upon 2019 department statistics, the most recent year available when this report was prepared.

YUC IPA
CITYA
lIIyB
CIrYC
CITY D
Population
0 SO,C()O 1(X)M) 1S0,000
l
2 C),000
City D population was 29,520 (54%) more than Yucaipa in 2019.

Chart Title
YUCAIPA a .00

24.00 CITYA
110.00
CI rY 6 0.56

15.90 93
CIIYC .00

23.00 CI rY D " •00

38.00 i

0.00 20.00 '10.00 GO.Co 80.C() 100.00 120.00
a Curjjw,dDeteUi,rc Position Deputy .Sheri(( Po,ition
City D staffed 14 (58%) more deputies and one more detective (33%) than Yucaipa in 2019.
219
05/13/20�Mi?y�ouncilf Agenda
230 374

a �4

YUCAIPA
CITY
CITY
27,861
Total Calls for Service
43,910
151,562
CITYC 45,717
CITY D 44,214 i
I
0 20,WO 40,000 60,000 80,000 100,OCO 120,000 140,000 iGO,000 There were only 304 (0.7%) more calls for service in City D than in Yucaipa in 2019.

Priority 1 - Incidents that are "in progress" or when there is a likelihood that the perpetrator(s) is still in the immediate area.

Priority 1 (P-1) Calls for Service
YUCAIPA `-7,139'
CITY A 26,636
CITYB
CITYC r
t
CI TY D sf>' i2T1
0 5,000 10,000 15,000 20,ODO 25,000 30,000
City D had 638 (9%) more Priority 1 calls for service in 2019 than Yucaipa. 220

Page 4 of 11 ends

05/13/2024 City Council Agenda 231
375

Response Time in minutes (P-1)
YUCAIPA 9.1
C 11Y A . 8.67
C H Y B 7.65
Cif YC 7.58'
C 1 I'M 7.85
0 5 10 1s
Dispatdiad to Cln;c

39.88 35.6

36.47 37.22

34.88 i
25 30 35 40 45
Disp.itched to onscone
City D responded to Priority 1 calls for service an average of 1.25 minutes (1 minute and 15 seconds) faster than Yucaipa in 2019.

CRIME STATISTICS:

The Uniform Crime Reporting (UCR) Program divides offenses into two groups, Part I and Part II crimes. Each month, contributing agencies submit information to the US Department of Justice on the number of Part I offenses known to law enforcement; those offenses cleared by arrest or exceptional means; and the age, sex, and race of persons arrested for each of the offenses. Contributors provide only arrest data for Part II offenses.

The UCR Program collects data about Part I offenses in order to measure the level and scope of crime occurring throughout the U.S. The Program's founders chose these offenses because they are serious crimes, they occur with regularity in all areas of the country, and they are likely to be reported to police. The Part I offenses are:
• Criminal homicide
• Forcible rape
• Robbery
• Aggravated assault
• Burglary (breaking or entering)
• Larceny -theft (except motor vehicle theft)
• Motor vehicle theft
• Arson
The Part 11 offenses, for which only arrest data is collected, include:
• Other assaults (simple)
• Forgery and counterfeiting
05/13/2024 P�P(,`6AU Agenda
221
232
376

• Fraud
• Embezzlement
• Stolen property; buying, receiving, possessing
• Vandalism
• Weapons; carrying, possessing, etc.
• Prostitution and commercialized vice
• Sex offenses
• Drug abuse violations
• Gambling
• Offenses against the family and
• Driving under the influence
• Liquor laws
• Drunkenness
• Disorderly conduct
• Vagrancy
• All other offenses
• Curfew and loitering laws (persons under age 18)
• Runaways (persons under age 18)
Crime Index (rate/1000residents)
YUCAIPA 24.25
CITYA _ -- _ 31.43
CITY (3 31.$9
CITYC 31.09
CITY D 18.08
i

0.00 5.00 10.00 15.00 20.00 25.00 30.00 35.00
Part II Crime Index a Part I Crime Index
The Crime Index is the rate of specified crime type per 1000 residents.

City D maintains a lower Crime Index in both Part I and Part II crimes than Yucaipa, despite a significantly larger population.
222
OS/13/2024Ay �ouncil Agenda
233 377

'ari:17

YUCAIPA
C 11Y A
CITYB
CITYC
CITY D
Crime Activity
0 2.,OCX) I,O(X) 6,0(.Y) 8,O(X) 10,Cuo 12,(X)0 1Q,000 16,(X)0 18,(AO -,Arrests n Reports Taken
Yucaipa had 100 (2.5%) fewer reports, but 185 (17%) more arrests than City D in 2019.

YUG+IPA
CITYA
CFS per Deputy
1,377.84
1,829.58
CITY B 1,752Z6
CITY C 1,987.70
i
C r1 Y D 1,163.53

0.00 W0.00 1,000.00 1,5(X).00 2,0Cl0.DO 2,5(X).00
Each deputy in Yucaipa handled an average of 666 (57%) more calls for service in 2019 than the deputies in City D.

Pae 7 of 11
05/13/2024 City Council Agenda
223
234
378

�8
Activity per Deputy
YUCAIPA U.63
166.67
CITYA 44.82
250.94
CI TY 8 .45.79
147.92
CITY - www.dof.ca . gov)
1 deputy added effective May 1, 2021
1 deputy position approved June 28, 2021, not yet filled 224
Page8of11
05/13/2024 ty Council Agenda 235 379

If we apply the approved FY 21/22 deputy staffing level (26) to the 2019 workload statistics we see the following decreases in workload:

YUCAIPA I

CITYA I

CITYU I
Ci=S per Deputy
1,688.85
1,377.84
1,752.26
CITYC 1,987.70
CITY D 1,163.53
I i I

0.00 SCO.00 1,000.00 1,50).00 2,OCn.00 2,S(.X).00
Calls for Service handled per deputy would decrease 141 Calls for Service per deputy, from 1829.58 to 1688.85, a decrease of 8%.

Activity per Deputy
YUCAIPA 48.58
153.85
CITYA :44.82
150.94
C CTY B 45.79 '
147.92

C I TY C
225.48
U 1Y D 28.37. s
107.89
I i

0.00 S0.00 KOM 1SO.00 2CO.00 2S0.00
Arrests per Deputy Reports Taken per Deputy
Arrests made per deputy would decrease by 4.05 arrests per deputy, from 52.63 to

48.58, a decrease of 8%. Reports taken per deputy would decrease by 12.82, from 166.67 to 153.85, a decrease of 8%.
225

Page 9 of 11 ends

05/13/2024 City Council Agenda 236 380

l 10
COST ANALYSIS:

The following chart displays the costs associated with the addition of the requested positions to the Law Enforcement Services Contract (Schedule "A").

Position
Positions Requested
Annual Position Cost
Position Total
Vehicles Required
Annual Vehicle Cost
Vehicle Total
Total
CONCLUSION:

Deputy Sheriff
2 $220,000.00
$440,000.00
1 $17,281.00
$17,281.00
$457,281.00
The cities of Yucaipa and City D bear a great number of similarities to each other. Both cities have transformed from small agricultural towns to vibrant cities with strong community identity. However, City D does contain more gated neighborhoods than Yucaipa. While this city is larger than Yucaipa and has a much higher population, their crime rate is as low as Yucaipa's. Based on an analysis of the above statistics, it is apparent that deputies assigned to Yucaipa have considerably less time during their shifts to be proactive than deputies assigned to this city.

With increased proactive patrol time comes additional opportunities to observe suspicious activity, contact individuals and conduct more traffic stops, which is one of the keys to improved traffic safety.

The vast majority of residents and business owners we serve would welcome and appreciate increased police visibility and interaction. The Yucaipa Police Department is well aware of the many benefits of spending additional time with others in the community. The partnership between the police department and members of the community is of the utmost importance and mutually beneficial. With additional staffing, the average number of calls for service handled per deputy decreases, allowing more time for deputies to engage with members of the community between being assigned to calls. Deputies are able to create and maintain relationships with business owners, employees and residents when they are not investigating a crime or handling an emergency.

Additionally, with a decreased average number of calls being handled per deputy, more time can be spent conducting proactive enforcement, such as traffic stops, pedestrian checks and spending time in problematic areas to deter crime. This shows those living or working in the area, the police department is aware of issues and willing to spend extra time there instead of simply responding after incidents occur. 226

Page 10 of 11 ends

05/13/2024 City Council Agenda
237
381

111
in returning non -law-abiding individuals to communities at a much faster rate than years past.

The COVID-19 pandemic had law enforcement impacts as the California Judicial Council adopted a statewide COVID-19 emergency bail schedule that set bail at $0 for most people accused —but not yet tried —of misdemeanors and lower -level felonies.

All of these changes have resulted in an environment where even when suspects are identified and arrested, they are likely to be released back into the community within hours or days. This often leads to more criminal behavior, and more workload for deputies.

In conclusion, the Yucaipa Police Department requests modest increases to its current number of safety positions. Ensuring public safety, maintaining order, safeguarding lives, and property, as well as enhancing the overall safety of the deputies in the field, requires these positions be added in a timely manner. These new positions will allow minimum staffing levels that will keep pace with the on -going service demands of an ever-increasing population, as well as ensure the delivery of high quality, high performance law enforcement services to those who live in, work in or visit Yucaipa.

SOURCES:

San Bernardino County Sheriff's Department 2019 Patrol Staffing and Workload Calculator
State of California, Department of Finance, E-1, May 2020, City/County Population Estimates
Y 2013 Yucaipa Police Department Staffing Study and Strategic Plan 227
Pa e 11 of 11
05/ 13/2024 Fity Council Agenda 238 382

ATTACHMENT 3
05/13/2024 City Council Agenda 383

Yucaipa Station
2024 Staffing — 44 Sworn & 9 Professional Staff
(1) Captain
(1) Lieutenant
(6) Sergeants
(3) Detectives
(28) City Deputies
(6) County Deputies
(1) Secretary
(4) Office Specialists
(3) Sheriff's Service Specialists
(1) Motor Pool Specialist
Specialty Positions
(2) Solutions Oriented Policing (SOP) Deputies
(2) Traffic Enforcement Deputies
(2) Multiple Enforcement Deputies (MET)
(1) APS/CPS Deputy
(2) School Resource Officer
Deputies per Capita
Yucaipa — 1 Deputy / 1964 residents
Rancho Cucamonga — 1 Deputy / 1618 Residents
Chino Hills — 1 Deputy / 1931 Residents
Additional Department Resources
Specialized Enforcement Division (SWAT)
(1) One Team assigned to Yucaipa/Highland/Morongo
(2) Apprehension K-9's
(3) Drone/Robot Assets
Aviation Division
(1) Aerial suspect tracking
(2) Missing person location
Specialized Investigations
(1) Homicide / Officer Involved Shootings
(2) Crimes Against Children Detail
05/13/2024 City Council Agenda 384

• Additional Department Resources
Training Division
(1) Tri-Annual Use of Force Training
(2) Advanced Officer Training
(3) Emergency Vehicle Operations (EVOC)
Gangs / Narcotics
Criminal Intelligence Division
Customer Service Unit
Internal Affairs
(1) Citizen Complaints
(2) Administrative Investigations
Civil Liabilities
(1) Lawsuits
(2) Employee Injuries
(3) Traffic Collisions
(4) Body Worn Camera Support
Emergency Operations
(1) Volunteer Forces
(2) Search & Rescue
Records / Dispatch / Public Affairs / Automotive / HOPE 05/13/2024 City Council Agenda 385

Agenda Item No. 24

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community ServicesQJ
FOR: City Council Meeting of May 13, 2024
SUBJECT: Special Event Permit Application — Uptown Friday Nights RECOMMENDATION:

That the City Council approve a Special Event Permit Application (SEPA) submitted by the Yucaipa Valley Chamber of Commerce (Applicant) to conduct Uptown Friday Nights on Fridays from May 24, 2024, to September 20, 2024.

DISCUSSION:

The Applicant submitted a Special Event Permit Application (SEPA) to conduct a series market style events on California Street. The details of the SEPA (Attachment A) are as follows:
• Event Dates: 5/24/24, 5/31/24, 6/7/2024, 6/14/2024, 6/21/2024, 6/28/2024, 7/5/2024, 7/12/2024, 7/19/2024, 7/26/2024, 8/2/2024, 8/9/2024, 8/16/2024, 8/23/2024, 8/30/2024, 9/06/2024, 9/13/2024, and 9/20/2024
• Location: California Street north of Yucaipa Blvd and South of Avenue A • Time: 3:00 p.m. to 11:00 p.m.
• Activities: Food, beverage and craft vendors, alcohol service, and live entertainment • Anticipated Attendance: 200
This SEPA requires City Council approval because the Applicant has requested to sell alcohol within City limits with a temporary one -day ABC license and because the Applicant has requested street closures/traffic management. If City Council approves the Applicants request, staff will route the SEPA to the appropriate departments for review and approval and will work with the Applicant to obtain all necessary documentation. This documentation will include a signature page from all land or business owners where the closure will take place as well as payment for the cost of the street closures. As a condition of the SEPA a majority of land or business owners must approve of the street closures.

FISCAL IMPACT:

The Applicant has paid the $200 SEPA fee.

Attachment:

1. Special Event Permit Application
Approved by:
05/13/2024 City Council Agenda 386

ATTACHMENT 1
05/13/2024 City Council Agenda 387

WELCOME TO THE CITY OF YUCAIPA
Thank you for your interest in hosting a Special Event in the City of Yucaipa. The Community Services Department created this application to help you host a successful and exciting event here in Yucaipa. Please review and complete the following application in accordance with the provided information. A special event in the City of Yucaipa is defined as a "Carnival", "Community (-elebration", or "Outdoor Festival" which
includes the use of amplified sound and/or estimated attendance equal to or exceeding 300 people on City or private property. Except as otherwise provided by state law, no person or entity shall operate, maintain, conduct, advertise, or provide admission for any temporary special event within the City of Yucaipa without possessing a permit for each such temporary special event (Ord. No. 384).

CITY OF

PROCEDURES
A complete permit application may be filed as early as one 0) yearbefore the event, but it must be received no later than three (3) months before the actual event date. Any organized activity involving the use of, or having impact upon, public property, facilities, public parks, sidewalks or street areas requires a permit. Applicants requesting a waiver of fees or services must submit their application a minimum ofsix (6) months in advance.

The permit application process begins when you submit a complete Special Event Permit application. Keep in mind that acceptance of your application should in no way be construed as final approval or confirmation of your request. Upon receipt of your application, the Special Events Supervisor will help guide you through the permit process. Copies of the application are forwarded and reviewed by all affected departments and/or agencies. During the review process, you will be notified if your event requires any additional information, permits, licenses or certificates. During our initial application screening process, you will be allowed time to provide us with all pending documents. We must receive these items before issuing a Special Event Permit (i.e., certificates of insurance, secondary permits, etc.). Delays in providing these items often delay our ability to finish our review and approve your application in a timely manner. Special Event Permits can be approved administratively by City management under specific limited criteria. Events that exceed those criteria will require the approval of City Council:

City Management/Administrative Approval
• Estimated attendance 300-999 persons
• Amplified Sound (excluding Special Event Facilities)
City Council Approval
• Estimated attendance 1000+ persons
• Alcohol Service (excluding Community Centers and YPAC) • Street Closure - traffic management
• Fee Waiver/Co-Sponsorship/In-Kind (Community Activity Grant Application required) 05/13/2024 City Council Agenda Q Q
1�Pa`,, UO

Organization and Applicant Information
❑ Commercial (For -profit) 2 Noncommercial (Non-profit) Tax I.D. #:

Organization
Name
I Vl C Ct i C k aM kei- a eKL
Applicant Name
- G
� e � �
Address
-VC_
Email
Phone Number
On -Site Contact
Phone Number
Event Information
Type of Event: ❑ Athletic/Recreation ❑ Festival/Celebration ❑ Outdoor Market Circus/Carnival
❑Concert/Performance ❑ Parade/Procession/March ❑Other (specify):

Event Title
Event Location
Event
Description
Ave,4,
Vendor-5 fV i nclu ,L iyleV,6 n�� s�, I ��r wvrs
Ck Vt YCt �'�" I �L VY► t t 5 i G,
Please complete a daily breakdown of event -related activities. Use multiple lines to distinguish between different daily activities. Please attach additional sheets if necessary.

Date(s)
Daily Activity
Start Time
End Time
C ti �t 5
Set-up Event Day Clean-up
, ;; D P v%,,,
d 42,M
L
❑ Set-up ❑ Event Day ❑ Clean-up
5 ' 0 U ern
9 o p DA
Set-up Event Day Clean-up
C
! . GO PM
Set-up
Event Day
Clean-up
Set-up Lj Event Day L Clean-up
Set-up 0 Event Day 0
Clean-up
Has this event taken place before? 4 Yes ❑ No
Total anticipated attendance: �-0 o Participants
Z+
How many years.

Spectators:

KRE

List street(s) requiring closure as a result of this event. Include street name(s), day, date, and time of closing and time oreopening:

Scot, (Q; 13, ;.o-
Indicate how this closing/reopening of streets will be handled:

City of Yucaipa to handle (cost to be specified) El Event to handle per CalTrans sta dards
List street(s) requiring the posting of "No Parking" signs. Indicate days, dates, and times needed and an explanation of necessity of "No Parking" zone:
�L _
GI. � I vn` 4 ,� 1 . S`J ' � V\ 0- �',A 0 v�G1 5� 00 h C�' r ail C�Tr,t 6) IrW,(: G10v"te_ .

Note. "No Parking" signs will be posted forty-eight (48) hours in advance of required days, dates and times. Cost for the posting of "No Parking"signs will be specified upon review of the application by Citystaff.

Food and Beverage
Please describe how food will be served at the event:

Will food be cooked in the event area? I d1 Yes I I No
Method: ❑ Gas ❑ Electric ❑ Charcoal [Other (specify):nG�s Does the event involve the sale or use of alcoholic beverages? ❑j�Yes RNo If alcohol its to be sold, how will the alcohol sales be regulated? Who will be handling the alcohol sales?
"h6o) W C C� ComV,n_m .

Restrooms
Portable restrooms are required when estimated attendance exceeds what the host facility's restrooms can accommodate. One portable restroom is required for every 50 patrons attending over the minimal site accommodations.

Will Event Organizer provide portable restroom facilities? P;� Yes ❑ No 05/13/2024 City Council Agenda 390

Uptown Friday Night Dates
May- 10"', 17", 24, 31 G�41 �U �Y1Q ��ih 611Q jCrted L Vjv_°1POV-0eci-�h-Q tga,,\e.

June -7, 14, 21, 28
July-5, 12, 19, 26
August - 2, 9,16, 23, 30
September - 6, 13, 20, X
05/13/2024 City Council Agenda 391

Company I
i,
Name Ct 4v� Y\ C� h V r o n ✓v��.�� CA
Contact Name
Phone Number
Lighting
If this is an evening event, please state how the event and surrounding areas will be illuminated to ensure the safety of the participants and spectators. (If required, show a separate site map which details streetlights,
portable lights, and other illuminating devices.)
I110
Waste Removal
Event Organizer is responsible for arranging for the removal of all waste related to the event.

This includes but is not limited to emptying of trash bins and the removal of waste from the event site and other affected areas. If hiring a professional sanitation company, please IUVLUe Llle 1U11U Ilig 1111UL111dL1U11.

Company
Name I J /A
Contact Name
Phone Number
If not hiring a professional sanitation company, please provide the following information for heperson(s) responsible for waste removal.

Contact Name
Phone Number
Cal Fire/Medical
In case of an emergency, the on -site contact will call 9-1-1. If event requires an ambulance UU1I1Pd11y LU UC U11-Slle, 1J1edSe PIUVIUe 1,11e 1UI1UW111V_ 1111UH11dL1U11:

Company
Name
Contact Name
Phone Number
05/13/2024 City Council Agenda _. 392

Please describe your medical plan including your communications plan, the number, certification levels (MD, RN, Paramedic, EMT) and types of resources that will be at your event and the manner in which they will be managed and deployed. Your plan should include hours of setup and dismantle of medical aid areas. You may attach the plan to this application if necessary:
w1h
Police Services/Security
In the event that a carnival/street fair and/or alcohol service will be included in the event, an
alcohol garden and security plan will need to be submitted as well as a security contract and/or public safety staffing plan for review by the Police Department.

Is there a professional securitv ore-anization hired for this event? n Yes rX-1 No Company
Name
Contact Name
Phone Number
Please describe your security plan including crowd control, internal security or venue safety, or attach the plan to this application:

Entertainment
Will sound amplification be used? ® Yes ❑ No Start time: End time:

Are there any musical entertainment features for this event? ❑ Yes ❑ No Name of Act
'OTIU
Contact Name
Phone
Number
How many stages? Number of bands? ��'„ tenre of music: l �r e'+�t VZ1� Will fireworks, rockets, or other pyrotechnics be used? ❑ Yes E No Company
Name
05/13/2024 City Council Agenda 393

Contact Name
Phone Number I
Describe (indicate dates, times and locations for launching and fallout areas):

Has a permit been issued: U Yes U No
(Note; Additional permits may be required as indicated by staff. These include, but are not limited to, Conditional Use 24 Permit, Land Use Permit, and Fire Department permits.) Insurance
Before a Special Event Permit is issued, a certificate of insurance must be submitted.

Insurance certificate must be issued by insurance underwriters "admitted" by the California Insurance Commission and rated 'A' or better by AM Best. Requirements are:
• Minimum $1,000,000 General Liability Limit
• Minimum $1,000,000 General Automobile Liability
• Minimum $1,000,000 Worker's Compensation
• On an additional insured endorsement, the City, its elected officials, officers, and agents are to be named as additional insured
• Minimum limits of coverage may change depending on event Insurance certificate attached [Z Insurance certificate on file ❑ Insurance certificate not available
Filing Fees
Special Event Permit Application Fee : $200.00
* Other Fees may apply (e.g. street closures, Fire Permit/Inspections, utilities, facility rental, etc.)
05/13/2024 City Council Agenda 394

Application Checklist
/Completed Application ,
❑ Certificate of liability insurance - W
�`❑ Site Plan (location of structures, lighting, restrooms, parking, etc.) - Copy of Security Contract (if applicable)
❑ Copy of Potable Restroom purchase order (if applicable) t11O Facility or Shelter Reservation Application (if applicable) (&j,n Copy of ABC License (if applicable)
Copy of County Health Permit (if applicable)
.7''n5o( r,d -k
4i,z,r P` i. (y.

By signing below, I agree to indemnify, hold harmless, and defend the City and its officials, employees, and agents, against all claims, liabilities, and losses arising from activities connected with or undertaken pursuant to the Permit. The City is not liable for any business loss, property loss, or other damage that may result from the use of the Permit, or suspension or revocation of the Permit.

Name: '� ��se, "a -'nature:

Date:
05/13/2024 City Council Agenda 395

r
•
R�

1. r7
ta
r4
3F
05/13/2024 City Council Agenda 396

Agenda Item No. 25

YUCAIPA CITY COUNCIL

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Ryan C. Miller, Housing and Economic Development Analyst 6 FOR: City Council Meeting of May 13, 2024
SUBJECT: Exclusive Negotiation Agreement with 4 Star Solar, Inc. for a portion of property identified as Assessor's Parcel Numbers 0299-321-86 and 0299-321-85 located at 32660 Yucaipa Boulevard
RECCOMMENDATION:

That the City Council authorize the City Manager to approve the Exclusive Negotiation Agreement (ENA) with 4 Star Solar, Inc. to negotiate the potential purchase of City -owned property located at 32660 Yucaipa Boulevard, and authorize the City Manager to make any necessary non - substantive changes to the ENA and execute all documents described and required by the ENA.

BACKROUND/DISCUSSION:

On September 27, 2021, the City Council adopted Resolution No. 2021-58 declaring a portion of City owned real property located at 32660 Yucaipa Boulevard as surplus property and not necessary for public use pursuant to Government Code Section 54221. The property, approximately 1 acre in size, is currently zoned for General Commercial land uses. The surrounding land uses to the subject property are vacant General Commercial land to the west, the Fire Station No. 2 facility to the east and the 131h Street Sports Complex to the north.

The City is the fee simple title owner of the property and since the property has been declared as surplus and not needed for public use, the development of the property for general commercial use would be appropriate given its location on Yucaipa Boulevard adjacent to other existing commercial uses.

Following the adoption of Resolution No. 2021-58, the owner of the Tuscano's Pizza and Pasta restaurant, 4 Star Solar, Inc. (Toscano's) provided the City with a letter of intent to purchase the surplus property to develop a restaurant business with an event/meeting space and bar. With this proposed new development, Tuscano's aims to relocate their existing restaurant business to this 05/13/2024 City Council Agenda 397

new location, enhance their services, and provide residents and visitors with a larger and more spacious environment than their current location across the street at the southwest corner of Yucaipa Boulevard and 13t" Street.

After reviewing the letter of intent to purchase, the City Council directed staff to prepare an Exclusive Negotiation Agreement (ENA) between the City and Toscano's allowing both parties to negotiate with each other, on an exclusive basis, the terms and conditions of a Disposition and Development Agreement (DDA) that could result in Toscano's acquisition of the property and subsequent development of the restaurant on the property. The proposed ENA gives both parties a reasonable period of one (1) year to negotiate and conduct their due diligence. The ENA will serve as the framework for the negotiations between the City and Tuscano's which will ultimately dictate the development of the site as a commercial restaurant business. ENA's are a valuable tool for the City to promote economic development opportunities in a manner that is consistent with City Council's adopted goals.

The ENA also affirms that the City will not negotiate with any other developer for the development of the site during the term of the ENA. The City Council's approval of an ENA does not convey project approval or obligate the City to grant any entitlements for the subject property. If approved, a DDA for the sale and disposition of the City surplus property could be negotiated and brought back to City Council for consideration in the future.

FISCAL IMPACT:

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

Approved by:

Attachments:

1. Conceptual Site Plan

2. Exclusive Negotiating Agreement — ENA
05/13/2024 City Council Agenda 398

4--
Attachment 1
A34AM,-
<JCATE PARK
Yucaipa Blvd.

FIRE STATION No. 2
05/13/2024 City Council Agenda 399

Attachment 2
05/13/2024 City Council Agenda 400

EXCLUSIVE NEGOTIATING AGREEMENT
This EXCLUSIVE NEGOTIATING AGREEMENT (this "ENA") is dated May _, 2024 (the "Effective Date") and is entered into by and between the CITY OF YUCAIPA (the "City") and 4 Star Solar Inc., a California Corporation (the "Developer"). The City and the Developer are sometimes individually referred to as a "Party" and are sometimes collectively referred to as the "Parties."

RECITALS
A. The City owns the land in the City of Yucaipa, California that is generally depicted on the "Site Map" attached hereto as Attachment No. 1 (the "Site"), and legally described as:

B. The City has received a proposal from Developer for the purchase of the Site by the Developer and the development of a restaurant (the "Project") on the Site.

C. The Developer and the City desire to negotiate with each other on an exclusive basis to establish the terms and conditions of a Disposition and Development Agreement (the "Agreement") that would result in the Developer's acquisition and development of the Site with the Project, and thus desire to enter into this ENA setting forth, among other things, the terms pursuant to which the Parties will negotiate on an exclusive basis for a specified period regarding the terms of the Agreement.

E. During the ENA Period (as defined below), the staff, consultants and attorneys of the City will devote substantial time and effort in meeting with the Developer and its representatives, reviewing proposals, plans and reports, and negotiating and preparing the terms of this ENA and the Agreement.

NOW, THEREFORE, the Parties hereto agree as follows:

1. The term of this ENA shall commence on the Effective Date and shall end on the earlier of: (i) the date that is one year after the Effective Date of this ENA, as may be extended by the City Manager under this Section 1, or (ii) the date on which the City terminates this ENA as provided in Section 2 below (the "ENA Period"). Provided that the Developer is not in default under this ENA and the City has not terminated this ENA pursuant to Section 2 below, the ENA period may be extended by the mutual written agreement of Developer and the City Manager of the City (acting for the City) for 12 calendar months and respectively); provided, however, that the City Manager may only grant such an extension if any one of the following apply: (i) the Developer is not then in default under this ENA (including, without limitation, Section 7 below); (ii) there are no material issues remaining to be resolved with respect to the Agreement; and (iii) to obtain City Council approval of the Agreement (which approval may be given or withheld in the City's sole and absolute discretion). The CEQA Documents shall be prepared by the City once the Agreement has been executed and escrow is opened with the Escrow and Title Company.
-1-
05/13/2024 City Council Agenda 401

2. The City may terminate this ENA if the Developer should fail to comply with or perform any provision of this ENA, or if progress is not being made in negotiations hereunder, as determined by City in good faith but in its sole and absolute discretion.

3. If the Developer and the City staff have not fully negotiated and preliminarily agreed upon the terms of the Agreement prior to the end of the ENA Period, then this ENA may be terminated by either Party and, except as expressly provided herein, neither party hereto shall have any further rights or obligations under this ENA. In no event shall any such negotiated Agreement become effective unless duly approved by the City Council after compliance with the California Environmental Quality Act and all other applicable laws.

4. During the ENA Period (as extended under Section 1, if applicable), the City shall not negotiate with any person or entity other than the Developer for the sale, lease or development of the Site.

5. Sale price will be fair market value as determined by an appraisal conducted by an appraiser selected by the City in its sole discretion, which appraisal shall be completed not less than six (6) months prior to closing. Further, if for any reason the negotiated sale price were to be less than fair market value, Developer acknowledges that the DDA will require that Developer acknowledge that if the purchase price for the Property is less than fair market value, the DDA will require that Developer pay prevailing wages for the Project and obtain the bonds required by California Labor Code Section 1781, et seq.

6. The Developer shall deliver the materials and information identified on Attachment No. 2 attached hereto to the City within the times set forth on Attachment No. 2. At the beginning of each calendar month during the ENA Period (as extended under Section 1, if applicable), Developer shall provide a written report, which may be in the form of an email, to the City describing in reasonable detail the Developer's activities with respect to the Project during the preceding calendar month.

7. During the ENA Period (as extended under Section 1, if applicable), the City shall use good faith efforts to complete (or cause to be completed) the matters set forth in Attachment No. 3 attached hereto.

8. The City and Developer acknowledge that all applicable requirements of the California Environmental Quality Act ("CEQA") must be met in order to execute and deliver the Agreement and develop the Site and that this may require an environmental impact report, supplemental environmental impact report and/or other reports or analyses for CEQA purposes (collectively, the "CEQA Documents"). The Developer will fully cooperate with the City in the City's preparation of the CEQA Documents as the lead agency for the CEQA Documents and will reimburse the City for all cost related to the preparation of the CEQA Documents.

9. The Developer shall bear all costs and expenses of any and all title, environmental, physical, engineering, financial, and feasibility investigations, reports and analyses and other analyses or activities performed by or for the Developer.

10. The Developer and the City understand and agree that neither Party is under any obligation whatsoever to enter into a further agreement. In the event of the expiration -2-
05/13/2024 City Council Agenda 402

or earlier termination of this ENA, the City shall be free at the City's option to negotiate with any persons or entities with respect to the sale, lease and development of the Site.

11. The Developer shall indemnify, defend, and hold the City, City officials, Staff, elected officials, and representatives harmless from any and all costs, expenses, losses, claims, liabilities, damages and causes of action arising out of Developer's entering into or performing this ENA and any entry by Developer or its agents, employees or contractors onto the Site excluding act of active negligence or willful misconduct by City. The Developer's obligations under the preceding sentence shall survive the expiration or earlier termination of this ENA.

12. The Developer represents and warrants that its undertakings pursuant to this ENA are for the purpose of development of the Site and not for speculation in land, and the Developer recognizes that, in view of the importance of the redevelopment of the Site to the general welfare of the community, the qualifications and identity of the Developer and its principals are of particular concern to the City; therefore, this ENA may not be assigned by the Developer without the prior express written consent of the City in its sole and absolute discretion. However, the City acknowledges that the Developer may intend to form a new entity controlled by the parties comprising the Developer that will be the Developer entity that will be a party to the Agreement. The City shall have the right to review and approve the organizational documents of such entity and the entities comprising such entity.

13. Any notice, request, approval or other communication to be provided by one Party to the other shall be in writing and provided by certified mail, return receipt requested, or a reputable overnight delivery service (such as Federal Express) and addressed as follows:

If to the Developer:
4 Star Solar, Inc.
1815 Frank Court
Redlands, CA 92374
Attention: Victor Barbosa
If to the City:

City of Yucaipa
34272 Yucaipa Blvd.

Yucaipa, CA 92399
Attention: City Manager
Notices shall be deemed delivered: (i) if sent by certified mail, then upon the date of delivery or attempted delivery shown on the return receipt; or (ii) if delivered by overnight delivery service, then one (1) business day after delivery to the service as shown by records of the service.

14. For purposes of the negotiations contemplated by this ENA, the Developer's representative shall be Victor Barbosa (Phone: (909) 215-7351; Email:
-3-
05/13/2024 City Council Agenda 403

[email protected]) and the City's representative shall be Ryan Miller (Phone: (909) 797- 2489).

15. This ENA constitutes the entire agreement of the Parties hereto with respect to the subject matter hereof. There are no agreements or understandings between the Parties and no representations by either Party to the other as an inducement to enter into this ENA, except as expressly set forth herein. All prior negotiations between the Parties are superseded by this ENA. Neither the City nor its officers, members, staff or agents have made any representations, warranties or promises to the Developer other than as expressly set forth herein.

16. This ENA may not be altered, amended or modified except by a writing duly approved and executed by all Parties.

17. If any Party should bring any legal action or proceeding relating to this agreement or to enforce any provision hereof, or if the Parties agree to arbitration or mediation relating to this ENA, the Party in whose favor a judgment or decision is rendered shall be entitled to recover reasonable attorneys' fees and expenses from the other. The Parties agree that any legal action or proceeding or agreed -upon arbitration or mediation shall be filed in and shall occur in the County of San Bernardino.

18. The interpretation and enforcement of this ENA shall be governed by the laws of the State of California.

19. Time is of the essence of each and every provision hereof.

20. This ENA may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same ENA. 0 05/13/2024 City Council Agenda 404

IN WITNESS WHEREOF, the Parties hereto have executed this ENA as of the day and year first written above.

CITY:

CITY OF YUCAIPA
Chris Mann, City Manager
DEVELOPER:
4 Star Solar, Inc.,
a California Corporation
By:

Print Name:

Title:
-5-
05/13/2024 City Council Agenda 405

ATTACHMENT NO. 1

SITE MAP
A=UA.CES7-
SKk-E FAGK
SEC
=l4P.Y
:,P.i.'c 7 P.BD
m
_ FhztUWG � 3
i
FIRE STATION No. 2
5 Qa"'n
wkr4

FROUPOSED
L .4
'
Cr7iEti LY:

M
SCUA ae rovtAm
s,nooCMIST rLC:JRI
I.ax Stc:cm-r mcwt
Yucaipa Blvd.
i!
05/13/2024 City Council Agenda 406

ATTACHMENT NO. 2

SPECIFIC DEVELOPER TASKS TO BE INCLUDED IN THE AGREEMENT Within six calendar months after the Effective Date of the Agreement, Developer shall deliver the following items for City staff review and approval:

Preliminary site plan and revised architectural concept drawings identifying the location, general configuration traffic circulation, and proposed design characteristics of the Project.
ii. Conceptual development program ("Development Program") for the Project that include a breakdown of the proposed scope of development including a range of building square feet by land use and acreage by land use, improvements, circulation acreage, and other uses.

2. Within nine calendar months after the Effective Date of the Agreement, Developer and City staff shall determine the likely type and schedule for processing entitlements necessary for approval and construction of the Project including, but not limited to, discretionary permits.

Within nine calendar months after the Effective Date of the Agreement, Developer shall submit to City a schedule of development setting forth the proposed timetable for the commencement, substantial completion and final completion of the Project (the "Development Schedule").

4. Within nine (9) calendar months after the Effective Date of the Agreement, Developer shall deliver to the City a fully completed and executed development application including all items identified on the City's Development Application Submittal Checklist.

Within thirty (30) days of execution of the Agreement and receipt of a preliminary title report, Developer shall review and approve in writing (or provide specific written objections with rationale) a preliminary title report for the Site issued by a Title Company agreeable to City.

6. Prior to execution of the Agreement, the Developer shall submit to the City for its review and approval all organizational documents for the entities signing the Agreement (and, to the extent requested by City, information, certifications and/or documents relating to the ownership, control and signing authority of the direct and indirect owners, members or partners of each such entity).
05/13/2024 City Council Agenda 407

ATTACHMENT NO

SPECIFIC CITY TASKS

1. Within thirty (30) days after the Effective Date, City shall provide to Developer copies of all currently existing plans, studies and other written information regarding the Site in the possession of the City, to the extent not previously delivered to Developer and to the extent material to the Project. Thereafter, the City shall promptly provide to Developer within ten (10) days after receipt thereof -copies of all plans, studies and other written information material to the Project which are received by the City, but not including any privileged or confidential information.

2. Within three months after the Effective Date of this ENA, Developer and City staff shall determine the likely type and schedule for processing entitlements necessary for approval and construction of the Project including, but not limited to, the Discretionary Permits.

3. City shall use good faith efforts to diligently prepare and process the required CEQA Documents. City agrees to submit a CEQA status report to the Developer monthly during the term of this ENA or as mutually determined by the Parties.

4. On or before six months following execution of this ENA, City shall provide an initial draft of the Agreement to Developer and thereafter revise the draft Agreement, to the extent reasonably permitted by the Agreement negotiations.

5. City staff and counsel shall draft and revise the Agreement as permitted by the negotiations.

6. No consents, approvals or comments by City staff shall diminish, affect, or waive either:
(i) rights of the City and City to later impose conditions and requirements under CEQA; (ii) the rights of the City and City not to approve the Agreement in its sole and absolute discretion; (iii) the City's governmental rights, powers and obligations, including but not limited to the City's decision -making authority on project applications and entitlement requests

7. The City will coordinate with the developer to provide access to and from the proposed development and the adjacent existing City -owned Park (13th Street Sports Complex) if feasible.
05/13/2024 City Council Agenda 408

ATTACHMENT NO.4

STAFF HOURLY RATES
Per the cost of the City's Cost Allocation Plan
$186.67
05/13/2024 City Council Agenda 409

Agenda Item No. 26

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Phil White, Director of Finance
Ryan Blackerby, Deputy Director of Finance
FOR: City Council Meeting of May 13, 2024
SUBJECT: FY25 Proposed Budget Summary
RECOMMENDATION:

1. That the City Council review the fiscal year 2024-25 draft budget (FY25 Proposed Budget) summary and provide direction to staff as appropriate; and

2. That the Successor Agency to the Yucaipa Redevelopment Agency review the FY25 Proposed Budget summary and provide direction to staff, as appropriate; and

3. That the Yucaipa Housing Authority review the FY25 Proposed Budget summary and provide direction to staff, as appropriate.

DISCUSSION:

Staff is pleased to present the FY25 Proposed Budget summary for City Council/Successor Agency/Housing Authority consideration. The FY25 Proposed Budget summary is a draft of the City's spending plan for the fiscal year beginning July 1, 2024. Feedback provided by the City Council will be gathered and incorporated and the final FY25 Proposed Budget will be presented for City Council adoption at the June 10, 2024 City Council meeting.

The FY25 Proposed Budget continues delivering public protection, development services, and community services, which are the City's three service lines at the current service levels.

Similarly, supporting services (General Government) do not have significant changes proposed.

The City's primary operating costs continue to be police, fire and paramedic contracts ($21M) and employee salaries/benefits ($14M).

Beginning with the FY25 Proposed Budget, reporting funds have been updated to provide greater clarity for City Council to make informed decisions. Public safety costs (Police previously reported in the General Fund, Fire previously reported in the Fire Fund, and Paramedic previously reported in the Paramedic Fund) are now consolidated in the newly created Public Safety Special 05/13/2024 City Council Agenda 410

Revenue Fund. Going forward, new capital projects are being tracked in the General Capital Projects Fund and restricted funding is reported in applicable special revenue funds.

Status of Budget Deficit
In general terms, municipal accounting requires each reporting fund to have its own budget. The City has budgetary surplus in some reporting funds and budgetary deficit in others.

City management considers the financial trends in the General Fund and Public Safety Fund as a key indication of the financial health and direction of the City operations. Over the past several years, these reporting units have reported a budgetary deficit (FY24 $4.4M) and the trend continues in the FY25 Proposed Budget with the deficit growing to $7.3M.

The City's development services activities are primarily reported in capital projects funds.

Budgeting for these activities has an added layer of complexity in that many of these projects take multiple years to complete. These multi -year projects have budgets that carry over from one year to the next until the project is complete. That is, the City Council authorizes the spending only once as part of the Capital Improvement Program (CIP) and the budget remains intact until the project is completed. As such, included in the expenditure budgets in capital projects funds are both the operating budgets that will lapse at the end of the year and the multi -year capital budgets that will roll over to the subsequent year.

City's Approach to Compiling the FY25 Proposed Budget
In consideration of the continued budgetary deficit, the City Manager provided the following department guidelines in the development of the FY25 Proposed Budget.

Police/Fire/Paramedic
Costs beyond contractual obligations should be targeted to programs that have been effective in the City. While there is a recognized need for capital investment in the fire and paramedic operations and staffing needs in the paramedic operations, this is not the budget year to meet those challenges and therefore are deferred. Based on these guidelines, the costs (both contract and non -contract) increased 6% from prior year to $23.5M.

Development Services
Prioritize the use of restricted funds for road maintenance. Inventory anticipated facility maintenance costs and develop a plan to rehabilitate existing City facilities. Prioritize the projects in the CIP to determine which projects make sense to complete and whether any projects could be delayed or cancelled. As a rule, the use of General Fund money should be minimized. Any opportunities to defer capital acquisition should be exercised. Winding down public infrastructure costs is a slow process and the continued focus of these guidelines is anticipated to reduce future costs.

Community Services
Community Services is a unique operation that can recover costs. The department is continuing its effort to maximize cost recovery. Policies and programs continue to be modified and revised to continue to deliver high level programming while pursuing cost recovery. Cost recovery ratios historically have been actual FY22 55%, actual FY23 55%, 05/13/2024 City Council Agenda 411

budget FY24 67%, budget FY25 78%. Should the budgeted cost recovery ratio be met, the net cost of the department is anticipated to be $1.8M.

Support Services
All other departments are considered support services and exist for the sole purpose of supporting the service lines. These budgetary departments include city council, city manager, finance, general services, city clerk, information technology and governmental affairs. These support services balance the optimization of efficient local government operation with the cost of doing so. Budget guidelines employed this year were to limit requests to the necessary budget to operate effectively. Defer any new projects or activities to the extent practical.

A budgetary deficit of $7.3M is reported based on these guidelines, the General Fund ($4.4M), the Public Safety Fund ($0) and the Fire Fund ($2.9M). This means that the annual cost to deliver the service levels is $7.3M more than estimated revenues. To balance the budget in FY25, the City will use $7.3M of previously accumulated fund equity. Accumulated equity acts as a financial runway in times of deficit. Structural deficits must be corrected before the end of the runway is reached.

Budgetary challenges exist in other accounting funds as well. All other special revenue funds have a combined budget deficit of $1.4M in the FY25 Proposed Budget. Capital projects funds contain multi -year CIP budget that carries forward and might not be spent until future years. The FY25 combined shortfall in capital projects funds is $13 AM.

Estimated citywide fund equity at the beginning of FY25 is $39.9M. This amount is based on budgetary estimates and trends and not generally accepted accounting principles (gaap) or audited financial information. Based on the total authorizations anticipated in the FY25 Proposed Budget, including multi -year authorizations, the projected budgetary fund equity at the end year is $18M.

Budgetary fund equity differs from estimated citywide fund equity and is the mathematical result of projecting the future year's equity considering all authorized expenditure budget (one-year and multi -year) and revenue estimates.

Correcting the deficit trend requires a change. Either current service levels can be funded with additional revenues, or service levels can be reduced to current funding levels. Staff has developed the FY25 Proposed Budget using the former alternative. The assumption is that the community enjoys the services at least at the current levels and would like the opportunity to fund those services. At a future meeting, staff will bring a variety of revenue options to the City Council for consideration. Implementing a mix of those revenue options will fund current service levels and allow for the deferred items excluded in this proposed budget to be funded.

Budget Based on Current Funding Levels (Alternative Budget Scenario) Should the assumption that the community is willing to fund the current service levels prove to be incorrect, staff has been directed to prepare an alternative budget based on current funding levels.

This alternative budget scenario is generalized as to the areas of cost cutting and a less detailed proposal than the FY25 Proposed Budget. The City is unable to deliver the current service levels with current ongoing funding and therefore service levels would be impacted if the City were 05/13/2024 City Council Agenda 412

forced to balance. This alternative scenario budget reduces the deficit by cutting service levels to police services, fire services, and community services. The reduced service levels will allow support services to downsize as well. Development services are not impacted in this alternative scenario as those cost-cutting measures are already incorporated into the FY25 Proposed Budget.

Web -Based Proposed Budget
The web -based version of the City's currently proposed budget is available at https://city-yucaipa- ca-budizet-book.cleargov.com/ 16661.

FISCAL IMPACT:

There is no fiscal impact associated with recommendations 1-3.

Attachments,

1. Draft All Funds Summary

2. Draft General Fund FY25 Budget Summary

3. Draft Public Safety FY25 Budget Summary
Approved by:
05/13/2024 City Council Agenda 413

ATTACHMENT 1
05/13/2024 City Council Agenda 414

Governmental Funds
General Fund
Special Revenue Funds
Air Quality Improvement
American Rescue Plan Act
California Dept. of Transportation (CaITRANS)
Development Impact Fees (DIF)
Fire Services Fund
Gas Tax
Housing Authority
Landscaping and Lighting Maintenance Districts
Measure I (Arterial)
Measure I (Local)
Miscellaneous Special Revenue
Paramedic Zone
Public Educational & Government Access (PEG)
Public Safety Fund
Road Maintenance & Rehabilitation Account (SB1)
State Law Enforcement Grant
Total Special Revenue Funds
City of Yucaipa Budget Summary
All Governmental and Proprietary Funds
Estimated
Carryover
Estimated Expenditure Proposed Proposed Proposed Proposed Estimated Net Estimated Equity' Authorization Revenues Expenditures Transfers -in Transfers -Out Equity' Change in Fund 6/30/24 6/30/24 2024-2025 2024-2025 2024-2025 2024-2025 6/30/25 Balance $ 36,135,710 $ 250,000 $ 35,315,604 $ 23,238,801 $ 456,941 $ 16,652,579 $ 31,766,873 $ (4,368,836) 53,760
60,000
60,000
53,760
(79,831)
880,000
880,000
(79,831)
(110,280)
679,270
679,270
(110,280)
-
2,260,000
2,260,000
9,638,618
200,000 -
100,000 300,000
2,874,503
6,764,115
(2,874,503)
(229,166)
- 1,519,143
1,700,641 -
85,000
(495,664)
(266,498)
(161,495)
-
4,413
-
(165,908)
(4,413)
3,089,313
878,694
878,694
-
3,089,313
(1,340,772)
7,827,136
2,107
8,585,867
(2,101,610)
(760,838)
846,895
2,152,000
2,182,388
816,507
(30,388)
(1,296,551)
3,009,417
273,348
2,763,323
(1,323,805)
(27,254)
1,028,123
- 92,000
85 -
-
1,120,038
91,915
-
- 6,070,000
23,520,956 17,450,956
-
-
-
154,110
- 1,401,693
- -
1,850,000
(294,197)
(448,307)
704,970
- 100,000
100,000 -
-
704,970
-
$ 12,297,694 $
200,000 $ 26,929,353 $
26,580,243 $ 17,750,956 $
22,220,351 $
7,977,408
(4,320,286)
Capital Projects Funds2
Community Development Block Grant (CDBG) Capital
85,412
123,951
-
200,291
324,242
-
85,412
Development Impact Fee Capital Funds
(17,430,010)
19,610,727
90,000
427,211
13,795,329
972,412
(24,555,031)
(7,125,021)
General Capital Projects
-
915,000
465,000
-
450,000
-
-
-
Low Water Crossings
(2,096,507)
933,092
-
3,826
314,535
-
(2,718,890)
(622,383)
Miscellaneous Capital Projects Fund
6,269,092
3,698,590
298,518
210,761
450,000
2,032,745
(4,236,347)
Park Capital Replacement Fund
633,717
205,098
-
186
-
-
428,433
(205,284)
Sidewalks
312,342
1,490,141
67,000
1,387,412
-
142,613
(169,729)
Street Maintenance (Pavement Management Program)
3,338,728
986,135
40,000
4,263,705
4,149,123
8,442
2,269,569
(1,069,159)
Total Capital Projects Funds
$ (8,887,226) $
27,962,734 $
595,000 $
5,260,737 $
20,631,402 $
1,430,854 $
(22,316,149)
(13,427,923)
Proprietary Funds
Internal Service Funds
Information Technology Fund - - 1,793,206 1,566,305 - - 226,901 226,901 Self -Insurance Fund 377,762 - 1,471,485 1,471,485 377,762 - Total lnternalServiceFunds $ 377,762 $ $ 1,793,206 $ 3,037,790 $ 1,471,485 $ $ 604,663 226,901 NOTES:
1) Equities as presented are tentative estimates that are subject to change. 2) Capital Projects Funds contain multi -year Capital Improvement Program (CIP) budget that carries -forward (does not lapse at the end of the fiscal year) and may not be spent until future years.
05/13/2024 City Council Agenda 415

ATTACHMENT 2
05/13/2024 City Council Agenda 416

Name
Beginning Fund Balance:

Revenues
Property Taxes
Sales and Use Taxes
Franchise Fees
Documentary Transfer
Other Taxes
Licenses & Permits
Fines & Forfeitures
Charges for Services
Intergovernmental
Investment Income
Other Revenue
Transfer In (Rev)
Total Revenues:

Expenditures
Salaries & Benefits
Total Salaries &
Benefits:

FY25 Proposed Budget
General Fund Comprehensive Summary
FY2022 Actuals FY2023 Actuals FY2024 Adopted FY2024 Revised $42,025,168.67 $40,858,624.57 $40,823,240.96 $40,823,240.96 $8,406,981.50
$5,299,432.58
$1,600,430.17
$318,284.82
$23,657.71
$1,381,151.04
$63,266.57
$3,570,348.05
$6,357,266.29
($133,918.32)
$49,981.46
$3,574,144.95
$30,511,026.82
$7,723,671.43
$7,723,671.43
Operating Expenses
Other Operating
$3,057,811.06
Exp
Contracted Services
$14,049,722.21
Total Operating
$17,107,533.27
Expenses:

Cost Allocation
$0.00
Total Cost Allocation:
$0.00
$9,028,795.01
$5,488,377.15
$1,723,581.47
$238,017.93
$30,036.75
$2,117,419.21
$50,652.31
$5,701,402.48
$6,478,182.74
$188,308.69
$125,549.01
$3,186,436.63
$34,356,759.38
$9,166,000.00
$5,548,294.00
$1,538,000.00
$200,000.00
$100,000.00
$1,060,304.43
$44,197.00
$4,511,808.04
$6,500,000.00
$17,631.48
$124,041.67
$3,865,587.00
$32,675,863.62
$9,166,000.00
$5,548,294.00
$1,538,000.00
$200,000.00
$100,000.00
$1,060,304.43
$44,197.00
$5,886,134.09
$6,500,000.00
$17,631.48
$124,041.67
$3,865,587.00
$34,050,189.67
$8,496,260.32
$10,702,183.58
$10,691,383.58
$8,496,260.32
$10,702,183.58'
$10,691,383.58
$3,794,976.00
$4,446,524.00
$9,563,437.48
$15,464,299.52
$16,099,989.00
$17,727,394.00
$19,259,275.52
$20,546,513.00
$27,290,831.48
$0.00
($768,432.05)
($768,432.05)
$0.00
($768,432.05)
($768,432.05)
Capital I $352,997.29 $187,029.97 $485,000.00 $745,000.00 Total Capital: $352,997.29 $187,029.97 $485,000.00 $745,000.00 Contingency
$8,979.38
$0.00
$200,000.00
Total Contingency:
$8,979.38
$0.00
$200,000.00
Transfer Out (Exp)
$6,484,389.55
$6,449,534.80
$3,531,722.00
Total Transfer Out $6,484,389.55, $6,449,534.80, $3,531,722.00 (Exp):
it Expenditures: $31,677,570.92 $34,392,100.61$34,696,986.53 l Revenues Less
mclitures: ($1,166,544.10) ($35,341.23) ($2,021,122.91) ng Fund Balance: $40,858,624.57 $40,823,283.34 $38,802,118.05 FY2024 Projected Actualsi FY2025 Budgeted
$40,823,240.961 $36,135,708.82
$9,266,000.001i $9,646,000.00
$5,548,294.00 _.... $5,605,327.00
$1,638,000.00 $1,738,000.00
$200,000.00+�__�
$200,000.00
$150,000.0011
.L_ ___
$175,000.00
$2,137,304.431
$1,574,414.43
$44,197.00=
$48,697.00
$5,949,053.2911
$7,495,463.04
$6,500,000.001
$7,240,000.00
$17,631.481
$16,000.00
$124,041.67�
$1,576,702.26
$3,865,587.00j— $456,941.00
$35,440,108.871_ $35,772,544.73
$11,532,919.58 $12,157,844.00
$11,532,919.58 $12,157,844.00
$7,913,437.48 $5,299,595.24
$17,222,994.00 $4,101,569.00
F
$25,136,431.48 $9,401,164.24
($ 768,432.05)�$1,479,793.00
($768,432.05)1 $1,479,793.00
(
$505,000.00'', $250,000.00
$505,000.00 $250,000.00
$190,000.00
$190,000.00
$200,000.00
$190,000.00.
$190,000.00
$200,000.00
$3,533,829.941
$3,531,722.00
$16,652,579.00
$3,533,829.94
$3,531,722.00'
$16,652,579.00
$41,682,612.95
$40,127,641.01
$40,141,380.24
($7,632,423.28)
($4,687,532.14)
($4,368,835.51)
$33,190,817.68
$36,135,708.82
$31,766,873.31
05/13/2024 City Council Agenda 417

FY25 Proposed Budget
General Fund Expenditures by Department & Appropriation Unit Name
FY2022 Actuals
FY2023 Actuals
Expenditures
City Council
Salaries & Benefits
$43,061.93
$42,554.19
Operating Expenses
$23,372.65
$22,464.84
Cost Allocation
$0.00
$0.00
Total City Council:
$66,434.58
$65,019.03
City Manager
Operating Expenses
$276,592.83
$422,722.02
Salaries & Benefits
$598,624.95
$1,095,091.18
Cost Allocation
$0.00
$0.00
Capital
$0.00
$0.00
Total City Manager:
$875,217.78,
$1,517,813.20.

FY2024 Adopted FY2024 Revised FY2024 Projected Actuals FY2025 Budgeted $80,927.05
$46,500.00
$0.00
$127,427.05
$481,310.00
$758,310.89
$0.00
$100,000.00
$1,339,620.89
Community
Development ,
Operating Expenses $1,324,425.45 $1,729,517.55 $1,399,101.00 Cost Allocation $0.00 $0.00 $0.00
Salaries & Benefits $838,717.26 $846,299.94 $1,451,613.10 Total Community
$2,163,142.71 $2,575,817.49 $2,850,714.10
Development:

Community Services _
Salaries & Benefits $2,037,965.39 $2,544,080.39 $3,417,604.26 Operating Expenses $1,245,392.73 $1,724,945.61 $2,040,790.00 Cost Allocation $0.00 $0.00 $0.00
Capital $3,338.79 $71,115.19 $0.00
Total Community $3,286,696.91; $4,340,141.19 $5,458,394.26 Services:

Dept. Of Gen. Svcs./City
Clerk
Salaries & Benefits $789,463.74` $889,221.49` $546,402.59 Operating Expenses $904,058.51 $1,381,154.01 $532,660.00 Cost Allocation $0.00 $0.00 $0.00
Capital $146,919.31 $29,570.98 $280,000.00
Transfer Out (Exp) $0.00 $0.00 $2,012,081.00
Total Dept. Of Gen._- $1,840,441.56 $2,299,946.48 $3,371,143.59 Svcs./City Clerk:

Economic Development
Salaries & Benefits $95,105.04 $102,126.27 $0.00
Operating Expenses $132,601.20 $123,185.06 $0.00
Total Economic
$227,706.24 $225,311.33 $0.00
Development:
$80,927.05
$46,500.00
$0.00
$127,427.05
$481,310.00
$758,310.89
$0.00
$100,000.00
$1,339,620.89
$1,479,101.00
$0.00
$1,451,613.10
$2,930,714.10
$3,412,604.26
$3,587,390.00
$0.00
$0.00
$6,999,994.26
$599,927.59
$540,660.00
$0.00
$280,000.00
$2,012,081.00
$3,432,668.59
$0.00
$0.00
$0.00
$80,927.05
$46,500.00
$0.00
$127,427.05
$123,199.00
$57,500.00
$15,379.00
$196,078.00
$481,310.00
$540,600.00
$758,310.89
$756,506.00
$0.001
$49,311.00
$100,000.00
$100,000.00
$1,339,620.89
$1,446,417.00
$2,029,101.00
$1,787,050.00
$0.00
$368,296.00
$1,451,613.10
$1,504,980.00
$3,480,714.10; $3,660,326.00
$3,412,604.26; $4,464,228.00
$2,527,990.00 $2,845,125.00
$0.00 $358,741.00
$0.00 $0.00
$5,940,594.26 $7,668,094.00
$599,927.59 $668,670.00
$540,660.00 $523,600.00
$0.00 $62,772.00
$280,000.00 $150,000.00
$2,012,081.00 $0.00
$3,432,668.59 $1,405,042.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
Engineering
Salaries & Benefits
$1,094,219.26
$760,204.00
$856,451.71
$856,451.71
$1,697,987.71
$1,056,527.00
Operating Expenses
$153,414.93
$291,926.22
$284,705.00
$284,705.00
$284,705.00
$338,450.00
Cost Allocation
$0.00
$0.00
$0.00
$0.00
$0.00
$128,891.00
Capital
$0.00
$0.00
$0.00
$100,000.00
$0.00
$0.00
Transfer Out (Exp)
$0.00
$1,135,873.88
$0.00
$0.00
$0.00
$0.00
Total Engineering:
$1,247,634.19
$2,188,004,10
$1,141,156.71
$1,241,156.71
$1,992,692.71
$1,523,868.00
05/13/2024 City Council Agenda
2 Finance (prev. Adm
Svcs)
Salaries & Benefits $980,284.41 $1,106,487.86 $1,916,889.41 $1,857,564.41 $1,857,564.41 $1,746,415.00 Operating Expenses $528,419.13 $131,351.64 $247,764.00 $285,064.00 $285,064.00 $231,155.00 Cost Allocation $0.00 $0.00 $0.00 $0.00 $0.00 $218,186.00 Total Finance (prey. $1,508,703.54 $1,237,839.50 $2,164,653.41 $2,142,628.41 $2,142,628.41 $2,195,756.00 Adm Svcs):

Governmental Affairs
Salaries & Benefits $0.00 $0.00 $370,020.88 $370,020.88 $370,020.88 $437,542.00 Operating Expenses $0.00 $0.00 $346,700.00 $346,700.00 $346,700.00 $577,450.00 Cost Allocation $0.00 $0.00 $0.00 $0.00 $0.00 $34,572.00 Total Governmental
$0.00 $0.00 $716,720.88 $716,720.88 $716,720.88 $1,049,564.00 Affairs:

Police Services
Operating Expenses $11,025,084.64 $11,919,452.58 $13,406,811.00 $13,823,116.00 $13,823,116.00 $0.00 Transfer Out (Exp) $0.00 $0.00 $0.00 $2,107.94 $0.00 $0.00 Total Police Services: $11,025,084.64 $11,919,452.58 $13,406,811.00 $13,825,223.94 $13,823,116.00 $0.00 Public Works
Operating Expenses $1,212,455.90 $1,241,632.96 $1,478,530.00 $1,488,530.00 $1,488,530.00 $2,142,234.24 Cost Allocation $0.00 $0.00 $0.00 $0.00 $0.00 $242,548.00 Transfer Out (Exp) $0.00 $1,336,277.05 $10,000.00 $10,000.00 $10,000.00 $15,000.00 Salaries & Benefits $1,046,645.36 $1,085,580.71 $1,123,111.69 $1,123,111.69 $1,123,111.69 $1,367,777.00 Capital $27,027.07 $0.00 $70,000.00 $210,000.00 $70,000.00 $0.00 Total Public Works7$2,286,128.33 $3,663,490.72 $2,681,641.69 $2,831,641.69 $2,691,641.69 $3,767,559.24 Non -Departmental
Salaries & Benefits $199,584.09 $24,614.29 $180,852.00 $180,852.00 $180,852.00 $32,000.00 Operating Expenses $281,715.30 $270,923.03 $281,642.00 $4,927,755.48 $3,282,755.48 $358,000.00 Cost Allocation $0.00 $0.00 ($768,432.05) ($768,432.0S) ($768,432.05) $1,097.00 Capital $175,712.12 $86,343.80 $35,000.00 $55,000.00 $55,000.00 $0.00 Contingency $8,979.38 $0.00 $200,000.00 $190,000.00 $190,000.00 $200,000.00 Transfer Out (Exp) $6,484,389.55 $3,977,383.87 $1,509,641.00 $1,509,641.00 $1,509,641.00 $16,637,579.00 Total Non-
Departmental: $7,150,380.44 $4,359,264.99 $1,438,702.95 $6,094,816.43 $4,449,816.43, $17,228,676.00 tal Expenditures: $31,677,570.92 $34,392,100.61 $34,696,986.53 $41,682,612.95 $40,127,641.01 $40,141,380.24 05/13/2024 City Council Agenda 419

FY25 Proposed Budget
General Fund Revenues by Department
Name FY2022 Actuals FY2023 Actuals FY2024 Adopted
Revenue
No Dept ! i
Other Revenue $0.00 $628.17 $0.00
Total No Dept: $0.00 $628.17 $0.00
Non -Departmental E
Property Taxes $8,406,981.50 $9,028,795.01'Y $9,166,000.00 Sales and Use Taxes $5,299,432.58 $5,488,377.15 $5,548,294.00 Franchise Fees $1,600,430.17 $1,723,581.47 $1,538,000.00 Documentary $318,284.82 $238,017.93 $200,000.00
Transfer
Other Taxes $23,657.71 $30,036.75 $100,000.00
Licenses & Permits $148.00 $335.00 $150.00
Fines & Forfeitures $60,253.87 $47,913.52 $42,000.00
Charges for Services $55,208.62 $232,292.49 $52,000.00
Intergovernmental $6,053,719.09 $6,478,182.74 $6,500,000.00 Investment Income ($133,918.32) $128,318.56 $17,631.48
Other Revenue $48,517.36 $124,920.84 $119,041.67
Transfer In (Rev) $3,548,920.72 $3,099,601.92 $3,855,587.00 Total Non -Departmental:.. $25,281,636.12„ $26,620,373.38 $27,138,704.15 City Manager
Transfer in (Rev)
$15,309.00
$0.00
Total City Manager:
$15,309.00
$0.00
Dept. Of Gen. Svcs./City
Clerk
Licenses & Permits
$36,319.20
$36,109.50
Charges for Services
$357,064.82
$327,637.82
Transfer In (Rev)
$0.00
$17,476.00
Total Dept. Of Gen.
$393,384.02
$381,223.32
u Svcs./CityClerk:��
Finance (prev. Adm Svcs)
Licenses & Permits
Charges for Services
Total Finance (prev. Adm
Svcs):

Economic Development
Charges for Services
Investment Income
Total Economic
Development:
$120,752.27 $149,146.99
$0.00 $567.69
$120,752.27 $149,714.68
$937.08
$0.00
$937.08
Community Services
Charges for Services
_ $1,488,387.28
Transfer In (Rev)
$9,888.05
Other Revenue
$1,464.10
i Intergovernmental
$303,547.20
Total Community
$1,803,286.63
Services:

I
05/13/2024 City Council Agenda
$12,652.40
$59,990.13
$72,642.53
FY2024 Revised FY2024 Projected Actuals FY2025 Budgeted $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$9,166,000.00
$9,266,000.00
$9,646,000.00
$5,548,294.00
$5,548,294.00
$5,605,327.00
$1,538,000.00
$1,638,000.00
$1,738,000.00
$200,000.00
$200,000.00
$200,000.00
$100,000.00
$150,000.00
$175,000.00
$150.00
$150.00
$150.00
$42,000.00
$42,000.00
$46,500.00
$53,066.05
$53,066.05;
$52,000.00
$6,500,000.00
$6,500,000.00
$7,240,000.00
$17,631.48
$17,631.48,1_
$16,000.00
$119,041.67
$119,041.671
$1,571,702.26
$3,855,587.00
$3,855,587.00;�
$289,641.00
$27,139,770.20 $27,389,770.201 $26,580,320.26
$0.00
$0.00
$0.00
$0.00'
$0.00
$0.00
$0.00
$0.00
$36,145.00
$36,145.00
$36,145.00!
$36,145.00
$335,604.00
$335,604.00
$335,604.00
$292,500.00
$0.00
$0.00
$0.00
$0.00
$371,749.00
$371,749.00
$371,749.00
$328,645.00
$130,500.00
$130,500.00
$130,500.00
$130,000.00
$258.00
$258.00
$258.00.
$258.00
$130,758.00
$130,758.00
$130,758.00?
$130,258.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
_r.
$O.=
$0.00
$0.00
$0.00
$0.00:.$0.00
■
$2,381,535.92
$2,787,032.00
$3,836,032.00
$3,898,951.20
$5,776,275.00
$69,358.71
$10,000.00
$10,000.00
$10,000.00?�
$167,300.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
SO.=
$0.00
$2,450,894.63
$2,797,032.00
$3,846,032.00
$3,908,951.201
$5,943,575.00
420

I Community Development
Other Revenue
$0.00
$0.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
Licenses & Permits
$1,223,931.57
$1,931,827.72
$893,509.43
$893,509.43
$1,970,509.43
$1,408,119.43
Charges for Services
$1,177,674.77
$1,315,357.67
$782,005.64
$782,005.64
$782,005.64,
$1,044,792.64
Total Community
$2,401,606.34
$3,247,185.39
$1,680,515.07
$1,680,515.07
$2,757,515.07
$2,457,912.07
Development:

Public Works
'F
Charges for Services
$114,000.41
$220,104.76
$49,800.00
$49,800.00
$49,800.06
$49,800.00
Total Public Works:
$114,000.41
$220,104.76
$49,800.00
$49,800.00
$49,800.00
$49,800.00
Engineering
Charges for Services
$258,046.72
$302,578.10
$279,837.40
$279,837.40
$279,837.40
$279,837.40
Transfer In (Rev)
$27.18
$0.00
$0.00
$0.00
$0.00
$0.00
Total Engineering:
$258,073.90
$302,578.10
$279,837.40
$279,837.40
$279,837.40
$279,837.40
Police Services
Fines & Forfeitures
$3,012.70
$2,738.79
$2,197.00
$2,197.00
$2,197.00
$2,197.00
Charges for Services
$119,028.35
$908,675.63
$225,271.00
$549,531.00
$549,S31.00
$0.00
Total Police Services:
$122,041.05
$911,414.42
$227,468.00
$551,728.00,
$S51,728.00
$2,197.00
jTotalRevenue:
$30,511,026.82
$34,356,759.38
$32,675,863.62
$34,050,189.67
$35,440,108.87
$35,772,544.73
05/13/2024 City Council Agenda 421

ATTACHMENT 3
05/13/2024 City Council Agenda 422

FY25 Proposed Budget
Public Safety Fund Revenues & Expenditures
Revenues by Source & Department
Name FY2025 Budgeted
Revenue Source
Property Taxes
Paramedic Services $1,090,000.00
Fire Protection Services $4,980,000.00
Total Property Taxes: $6,070,000.00
Transfer In (Rev)
Non -Departmental
Paramedic Services
Fire Protection Services
Total Transfer In (Rev):

Total Revenue Source:
$14,876,453.00
$1,154,187.63
$1,420,315.00
$17,450,955.63
$23,520,955.63
Fire Services Fund Budget Summary
from "City of Yucaipa Budget Summary"
Estimated Equity 6/30/24 $9,638,618.00
Proposed Revenues2024-2025 $0.00
Proposed Expenditures 2024-2025 $300,000.00
Proposed Transfer -In 2024-2025 $300,000.00
Proposed Transfer -Out 2024-2025 $2,874,503.00
Estimated Equity 6/30/25 $6,764,115.00
Expenditures by Department & Appropriation Unit
Name
Expenditures
City Manager
Public Safety Admin
Salaries & Benefits
Operating Expenses
Cost Allocation
Total Public Safety Admin:

Total City Manager:

Fire Protection Services
Fire Protection Services
Operating Expenses
Cost Allocation
Total Fire Protection Services:

Total Fire Protection Services:

Paramedic Services
Paramedic Services
Operating Expenses
Cost Allocation
Total Paramedic Services:

Total Paramedic Services:

Police Services
Salaries & Benefits
Operating Expenses
Cost Allocation
Total Police Services:

Public Works
Operating Expenses
Total Public Works:

Non -Departmental
Cost Allocation
Total Non -Departmental:

Total Expenditures:

FY2025 Budgeted
$252,684.00
$14,600.00
$41,020.00
$308,304.00
$308,304.00
$5,826,000.00
$574,315.00
$6,400,315.00
$6,400,315.00
$2,192,677.63
$51,510.00
$2,244,187.63
$2,244,187.63
$138,475.00
$13,763,409.00
$234,295.00
$14,136,179.00
$282,860.00
$282,860.00
$149,110.00
$149,110.00
$23,520,955.63
05/13/2024 City Council Agenda 423

Agenda Item No. 27

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer�p Landon Kern, Assistant City Engineer <
Katrina Kunkel, Assistant Engineer *�-
FOR: City Council Meeting of May 13, 2024
SUBJECT: FY24/25 Draft Pavement Management Program
RECOMMENDATION:

That the City Council:
1) Review and approve the FY24/25 Draft Pavement Management Program; and 2) Approve the recommended pavement maintenance and rehabilitation projects for FY24/25.

BACKGROUND/DISCUSSION:

The Pavement Management Program (PMP) was initially prepared and approved by the City Council in 1998. It has since been updated on an annual basis and "recalibrated" through field testing and analysis every five years in 2003, 2008, 2013, 2018 and the most recent analysis completed in 2023.

The recalibration process is performed in order to provide an updated Citywide assessment of the current street network pavement conditions and has historically been the primary resource used as the basis for prioritizing the streets to be maintained or rehabilitated.

One of the goals approved by the City Council in 2023 was a to `Take a more inclusive and aggressive approach to road maintenance". To accomplish this goal, additional equipment and resources were authorized by the City Council to address potholes and asphalt failures as part of the City's Public Works operations. In addition, staff logged and included input provided by the public related to asphalt street conditions throughout the City during the process of developing the FY2024/2025 PMP Update.

To further meet this goal, on February 5, 2024, the City Council conducted a public workshop and field trip to visit various public streets with varying asphalt conditions to correlate the results of the 2023 analysis with real -world examples. Staff provided explanations of asphalt maintenance and rehabilitation options and identified specific asphalt failures that contributed to the results of the analysis. As part of that workshop, the City Council directed staff to use the information learned and the input received from the public to provide a PMP Update for FY2024/2025 at a future City Council meeting.
05/13/2024 City Council Agenda 424

Utilizing the results of the 2023 analysis and incorporating a more inclusive and aggressive approach, a five-year plan of prioritized streets to be maintained and rehabilitated has been prepared for City Council consideration. The recommended maintenance and rehabilitation treatments are based on the measured pavement condition of the streets, or Pavement Condition Index (PCI). Staff is recommending the following asphalt pavement maintenance and rehabilitation treatments to be utilized over the next five-year cycle:
• Microsurface:

The application of a thin layer of an asphalt mixture that provides a new roadway surface across the entire street while leaving the remaining asphalt pavement in place. This "surface treatment" method is recommended for streets that have small, shallow cracks, and will protect and seal the asphalt from water penetration to extend the life of the pavement while providing a rideability and aesthetic enhancement.

Edge Mill and Overlay
The removal or milling of 1 to 2 inches of the top section of pavement along the outer edges of roads (Edge Mill), followed by the placement of a 1.5-inch thick layer of new asphalt over the entire roadway surface (Overlay). This method is recommended where a new layer of asphalt pavement can repair larger/deeper cracks and seal the roads from water damage while providing a new roadway surface.

Full Width Mill and Overlay:

The removal or milling of 1 to 2 inches of the top section of pavement, followed by the placement of a 2 to 3 inch layer of new asphalt over the entire roadway surface (Overlay).

This method is recommended where a new thicker layer of new asphalt pavement can repair streets with more significant cracking and raveling providing for a better structural section and new roadway surface.

Full Removal and Rehabilitation:

The removal and milling of the entire existing asphalt pavement as well as the top layer of base soil beneath the roadway. After milling the asphalt grindings are blended into the soil and compacted to form a new structural base for the new asphalt section. This method is recommended when the street is not repairable with the other treatment methods and this process results in a new paved street.

The FY24/25 Draft PMP includes these treatment recommendations by street segment and is being presented for City Council consideration.

Funding for the FY24/25 PMP includes Road Maintenance and Rehabilitation Account funds (RMRA), Measure I funds, Highway User Tax Account (Gas Tax) funds and funding provided by other agencies as part of paving agreement funding commitments as identified in the table below:
05/13/2024 City Council Agenda 425

Proposed Funding Source
Proposed Amount
RMRA
$1,850,000
Measure I
2,182,388
Gas Tax
85,000
Inter -Agency Paving Agreements
$40,000
Total Funding for FY24/25
$4,157,388
The proposed expenditures for the FY24/25 PMP include:

Proposed Sub -Programs
Proposed Amount
FY24/25 Street/Pavement Rehab Program
$2,058,694
FY24/25 Surface Treatment Program
1,152,868
FY24/25 Crack Seal Program
205,869
FY24/25 AC Berm Program
82,348
FY24/25 Patching Program
226,456
FY24/25 Concrete Program
205,869
FY24/25 Understreet Drain Pipe Program
41,174
FY24/25 Striping Program
82,348
FY24/25 Neighborhood Traffic Calming Program
61,761
Total Proposed Expenses for FY2024/2025
$4,117,388
FISCAL IMPACT:

The recommendations approve the FY24/25 PMP with the use of restricted funding of $4.1 million.

The use of unrestricted funding is not proposed. These amounts are included in the forthcoming FY25 proposed budget.

Attachments:

1. 2023 Pavement Management Report

2. FY24/25 Pavement Management Plan Update
Approved by:
05/13/2024 City Council Agenda 426

ATTACHMENT 1
05/13/2024 City Council Agenda 427

Yucaipa, CA
Pavement Management Report
November 2023
'T_;tlTdl iESi iw�ORWRE55 /
Ims
Infrastructure Management Services
an ICC Company

CITY OF
—Not

1.0 EXECUTIVE SUMMARY
1 1.1 Project and Methods Overview
1 1.2 Results Overview and Recommendations
2 2.0

PRINCIPLES OF PAVEMENT MANAGEMENT
5 2.1 Pavement Management Principles
5 3.0

DATA COLLECTION AND ANALYSIS
7 3.1 Field Survey Methodology
7 3.2 Data Quality Assurance
8 3.3 Pavement Condition Survey
9 3.1 ESA Pavement Management System
18 3.2 Summary
20 4.0

PAVEMENT CONDITION SURVEY RESULTS
21 4.1 City Street Inventory and Condition Summary
21 4.2 City Network Condition Imagery
22 4.3 City Network Condition Distribution
29 4.4 Condition By Functional Classification
30 4.5 Condition By Pavement Type
31 4.6 Summary
32 5.0

REHABILITATION PLAN & BUDGET DEVELOPMENT
33 5.1 Key Analysis Set Points and Assumptions
33 5.2 Network Budget Analysis Models
35 1.1 Post Rehabilitation Condition
39 5.3 Summary
39 6.0

PROJECT RECOMMENDATIONS & COMMENTS
40 6.1 Project Summary and Recommendations
40 6.2 Closing
40 05/13/2024 City Council Agenda 429

1.1 Project and Methods Overview
In May of 2023, IMS Infrastructure Management Services, LP (IMS) utilized a cutting -edge Integrated Road Information System (IRISpro Pave) (Figure 1) to capture continuous, high -resolution pavement and right of way images that was used to assess pavement cracking, rutting, and roughness on 202.6 centerline miles of predominantly asphalt roadways in Yucaipa, CA (City). IMS followed the American Society for Testing and Materials (ASTM) D6433 standard to analyze the images and distress data collected by the Road Surface Tester (RST) to determine the Pavement Condition Index (PCI) for each segment of the road.

PCI values were recorded to provide an indication of the surface conditions and structural integrity of a pavement.

Using the ESA pavement management system, IMS developed multi -year pavement maintenance and rehabilitation (M&R) recommendations for the roadways surveyed. The recommendations take into account the severity, quantity, and type of pavement distresses, surface type, pavement strength, and functional class. By utilizing these recommendations, the City can make informed decisions on how best to allocate their resources to ensure the longevity and safety of their roadways.

Figure 1 - IMS Integrated Road Information System platform (IRISPro Pave) The Pavement condition index (PCI) method was used in accordance with the American Society for Testing and Materials (ASTM) D6433 to assess the condition of the City's pavements. This method is considered a standard, objective, and repeatable approach to assess pavement condition, which is preferrable to alternative methods that rely upon potentially biased human ratings. Based on the PCI results, ESA prioritizes funding using a cost -of -deferral approach, recommending M&R activities that optimize funding by selecting rehabilitation candidates only when they approach the critical point where a heavier maintenance activity will soon be needed to restore the roadway to full service.

IMS also conducted a comprehensive pavement condition survey for the city of Yucaipa in 2018. The results indicated that the overall PCI was 64, with a backlog of 12%. Crack detection was conducted using the Ramboll-based RST, using a total of 11 lasers directed at the pavement surface to capture cracking IMS Pavement Management Report Yucaipa, CA 2023 Page I 1 05/13/2024 City Council Agenda 430

densities and rutting profiles. Compared to the current methodology, the old system was not capable of detecting unique pavement distresses, such as raveling, shoving, and potholes, which can be accurately measured by the modern Laser Crack Measurement System (LCMS-2). As a result, the LCMS-2 cameras allowed the 2023 survey to capture distresses more accurately than the survey completed in 2018, and the repeatability of distress identification was higher in 2023 as well.

The analysis and data presented in this report are based on the inspections performed by IMS in May 2023 on the City's pavement network, using available work history and other assumptions that are elaborated on later in this report.

1.2 Results Overview and Recommendations
PCI values provide an indication of the surface conditions and structural integrity of a pavement. The 0- 100 PCI range is commonly divided into categories using descriptive terms: Very Poor, Poor, Marginal, Fair, Good, Very Good, and Excellent. Divisions between the terms are not fixed but are meant to reflect common perceptions of pavement conditions. These divisions are discussed in more detail in Section 3.0.

The City's roadways were found to be in Fair condition with an average PCI of 51. Figure 2 provides a visual breakdown of the distribution of pavement area across different PCI categories at the time of analysis. Approximately 29.6% of the City's roadways were found to be in Excellent or Very Good condition. If structurally sound, these pavements are often suitable candidates for cost-effective preventive maintenance treatments. On the other hand, pavements with a PCI below 40 (i.e., pavements in Poor or Very Poor condition) comprise the City's "backlog" of M&R. The City's backlog was found to be

34.3%. These pavements typically require full or partial reconstruction. Pavements falling within the middle categories, such as Fair or Marginal condition, often benefit from mill and overlay projects. It's important to note that these are general recommendations, and the specific M&R strategy may vary based on factors such as distress types, soil conditions, structural adequacy, and other project -specific details.

11.6 11.4 13.0
0% 20%, 40% 60% 80% 100
Proportion of Total Network Distribution (%)
■ V Poor (0 to 25)
■ Poor (25 to 40)
Marginal (40 to 50)
Fair (50 to 60)
Good (60 to 70)
® V Good (70 to 85)
■ Excellent (85 to 100)
Figure 2 - Distribution of the City's Pavement System on a Condition Scale IMS Pavement Management Report Yucaipa, CA 2023 Page 12 05/13/2024 City Council Agenda 431

Metrics of Health
Yucaipa did not meet any of the three metrics used to evaluate the quality of pavement networks:
• Avg. PCI —The network's average PCI score is a good global indicator of its overall health. o The City's average PCI of 51 is below the national average currently seen by IMS of 65.2. • Percentage of Excellent Roads — The percentage of pavements in Excellent condition. o The percentage of Excellent roads is below the recommended target of 15%. • Backlog —The percentage of pavements with a condition category of Poor or Very Poor. o The backlog (34.3%) is above the national average currently seen by IMS of 10.6%.

The analysis conducted by IMS using the ESA Pavement Management System has provided the City with valuable insights into the condition of its roadways. To assess the effect of annual budget on PCI over a five-year period, Figure 3 has been generated to depict the anticipated PCI in five years relative to different annual budget allocations. The blue line allows the user to assess the effect of a given annual budget on the PCI in five years, serving as a valuable tool for understanding the potential effects of budget decisions on future pavement conditions.

KII
C
O
:5 55
C
O
U
bA
M
a 50
Y
L
O
3 d
Z
M 45
s
O
N
O
a
40 2024 to 2028 Rehab
Analysis Results
- - - - - Maintain Current
Backlog: Final PCI = 53,
Backlog = 34%, Annual
Budget = $27.69M/Yr
Steady State PCI: Final
PCI = 51, Backlog =
37%, Annual Budget =
$22.47M/Yr
- - - - - Backlog Control Budget:

Final PCI = 50, Backlog =
38%, Annual Budget =
$20.58M/Yr
PCI Control Budget: Final
PCI = 46, Backlog =
43%, Annual Budget =
$10.19M/Yr
Yucaipa, CA Budget:

Final PCI = 46, Backlog =
43%, Annual Budget =
$10M/Yr
0 10 20 30 40
Annual Budget Each Year for Five Years ($1M/Yr)
Figure 3 - PCI Based on Five -Year Annual Budget Funding Models IMS Pavement Management Report
05/13/2024 City Council Agenda
Yucaipa, CA 2023

Page 1 ends

432

To get the most return on investment, IMS presents the following recommendations:
• Continue dedicating a portion of funding to inexpensive preventive maintenance activities, such as slurry, crack, and chip seals; and continuously monitor their short- and long-term benefits in the network. On these activities, make sure to apply them on good roads with minimal structural defects or properly address the structural deficiencies through localized patching and crack sealing prior to slurry seal application.
• Concentrate rehabs on the critical PCI candidates selected by ESA. These recommendations are focused on the cost of deferral and offer an efficient use of City funds.

This two -pronged approach allows for a gradual increase of the network's average PCI and decrease of the percentage of roads in Poor or worse condition over time.

It is important to note that the information presented in the Executive Summary is condensed from various sections of this report. Reviewers are encouraged to familiarize themselves with the detailed information provided in subsequent sections of the report prior to making any specific decisions based on these results. This will ensure that decisions regarding M&R activities are based on a comprehensive understanding of the conditions of the roadways and the recommendations provided in the report.

IMS Pavement Management Report Yucaipa, CA 2023 Page 14 05/13/2024 City Council Agenda 433

This section provides an overview of pavement management, including its objectives and the best practices for M&R planning throughout the lifecycle of a pavement. It also highlights the integration of these concepts in the ESA pavement management system, which was used in this report to develop recommendations and analyze the City's pavement network. This context is important for understanding the content and findings of the report.

2.1 Pavement Management Principles
Pavement management is the process of assessing, prioritizing, and preserving or rehabilitating pavements through a logical system that attempts to use available funds in the most cost-effective manner possible. The process is iterative, and as more data becomes available, prediction models are refined to improve accuracy. Figure 4 illustrates that pavements typically start deteriorating rapidly once they hit a specific threshold. Therefore, it is more cost-effective to invest in cheaper surface treatments during the first 40% of a pavement's lifespan than to defer maintenance until heavier overlays or reconstruction is required just a few years later. Streets that are repaired while in good condition will have an extended lifespan and will cost less to maintain over their lifetime than those left to deteriorate to a poor condition. Without an adequate routine pavement maintenance program, streets will require more frequent reconstruction, thereby requiring significantly greater funding. c 10 15 20
Pavement Age (Years)
Figure 4 - Pavement Deterioration and Life Cycle Costs
The types of rehabilitation activities that the City chooses to deploy can have a significant effect on the longevity of a pavement. Depending on the PCI zone in which a pavement falls, a detailed rehabilitation strategy needs to be formed. Common rehabilitation types include localized preventive or stop gap activities (e.g. crack sealing, joint sealing, and patching), global preventive maintenance (e.g. fog seals, rejuvenators, slurry seals, microsurfacing, chip seals, cape seals, and thin overlays), major Rehabilitation IMS Pavement Management Report Yucaipa, CA 2023 Page 15 05/13/2024 City Council Agenda 434

(e.g. thin or thick mill and overlays), and major Reconstruction (e.g. surface reconstruction or full reconstruction). Popular examples of cost-effective preventative activities include:
• Crack and Joint Sealing • Microsurfacing • Fog Seal and Rejuvenators • Patching • Slurry and Chip Seals • Thin Overlays
A proactive Pavement management program focuses on the Preventative Maintenance category and advocates proper incorporation and application of cost-effective preventative activities. These activities help maintain and repair the surface integrity which can slow deterioration and, depending on the treatment, also extend the life of a pavement. The outcome of this exercise is to increase long-term cost savings and network -level pavement quality over time. Figure 5 illustrates the concept of extending pavement life through the application of timely M&R activities.

When completed within the target zone for preventative maintenance, a pavement's lifespan can be conveniently extended. The dashed curves in Figure 5 show the typical lifespan of a pavement that does not undergo any preventive maintenance. Major reconstruction becomes necessary after approximately 20 years. The blue curves show the benefits of preventive maintenance during the first 40% of a pavement's lifespan. The gray lines demonstrate how pavement rehabilitation, when a pavement's condition crosses into the Fair or Marginal category, can extend the pavement's lifespan as well.

Eventually, all pavements will need to undergo reconstruction; however, proactive maintenance and rehabilitation can delay this process for up to an additional 40 years. 0 0
E
20 40 60
Pavement Age (Years)
Figure 5 - Pavement Life Cycle Curve
The most effective approach to ensure optimal usage of available funds or to determine the necessary funding to achieve a predetermined level of service is by using a pavement management system. An effective pavement management system can assist agencies in developing an organized catalog of pavement assets, storing periodic condition assessments, and tracking spending and costs. This enables the City to compare trends in data to assess the effectiveness of maintenance activities and new technologies.

IMS Pavement Management Report Yucaipa, CA 2023 Page 1 6 05/13/2024 City Council Agenda 435

3.1 Field Survey Methodology
IMS deployed one of its IrisPro Pave Integrated Road Information Systems for data collection. IrisPro Pave integrates industry -leading subsystems, including 3D Pavement Imaging systems, lasers, accelerometers, right-of-way cameras, GPS antenna, Distance Measurement Instruments (DMI), computers and more. All collected data is captured with Drive" data collection software, which is designed to simplify the collection of quality road data with built-in calibration schedules, real-time quality control, GIS maps, section tracking, audible alerts and voice memos, fly -by events, and exception reporting. The custom - designed hardware and software on IrisPro Pave provides sub -millisecond synchronization between all subsystems.

Ramboll System vs LCMS-2 System
IMS conducted a pavement condition assessment survey and analysis for the City previously in 2018, adhering to the ASTM D6433-11 standard for distress protocols and PCI calculation. The field survey employed an older Ramboll-based RST that used dated point laser technology and lower -quality forward image cameras. The results of the survey showed that the City's network average PCI was 64 with a backlog of 12% at the time of survey.

An in-depth review of the distress data found that the current LCMS-2 system was able to provide more accurate and verifiable detailed data than the previous point laser system. The LCMS-2 system has several advantages over the old system. It is equipped with a single -pass 3D sensor capable of automated geo- tagging at 1mm resolution and a 28,000 Hz frequency. This enables the system to detect special pavement surface features like surface treatments, crack seals, potholes, raveling, bleeding, delamination, shoving, pavement markings, the edge of pavement, rumble strips, etc. The LCMS-2 can collect pavement data seamlessly all day and night at a free -flow traffic speed. Moreover, the 4K resolution camera used in the LCMS-2 enhances the collection of detailed pavement features. 3D Pavement Imaging
The LCMS-2 captures continuous 2D and 3D images at 1 mm resolution in the lane of travel up to 4 m (13 ft) wide at highway speeds, allowing for the visualization and characterization of all features on the road surface. The system allows for collection rates up to 28,000 profiles per second, five times faster than the first edition of LCMS. This allows smaller cracks, especially transverse cracks, to be detected more consistently than in the past. The vertical accuracy has also improved from 0.S0 mm to 0.25 mm.

Right-of-way Imaging
The Ladybug 5+ captures high quality 30MP spherical images using six cameras for a 360-degree view of the roadway and surroundings. The images can be viewed in panoramic mode, 360 mode, or individual directional images can be extracted at any desired camera angle. An overview of the vehicle is provided in Figure 6. Both the Pavement imaging and right of way cameras are triggered on a fixed -distance basis, image capture is precisely synchronized to GPSTime and DMI, and cameras are calibrated for asset inventory and geo-referenced image measurements.

IMS Pavement Management Report Yucaipa, CA 2023 Page 1 7 05/13/2024 City Council Agenda 436

DriveTM
Manual entry of
pavem nt distresses
aM field ohservatbr,s
Safety Liglttfng
from and back facirtg
flashing lights enwre
high visibility.

Teledyne Fllfi
LatlyWg 5+
111
UPtur" 360,
imagery at defined
inft Is GPS Positioning
GPS with integrated
IMU, sub mM.,
Positional accuracy
A
f
Pral timetradking aM ?
R
Profiler Linear Distance -
Continuousright Positioning Texture
m,d kft wheel OMlfor preUse linear Cbntinuaus
path roughness distance measurements wrface texture
meawrCrnentf measurements
Figure 6 — LCMS-2 data collection vehicle

3.2 Data Quality Assurance
The collected data is processed in the office using the ConnectTM software. Connect provides a perfectly synchronized multi window platform to view and alter all collected data including profile, distress, slope, International Roughness Index (IRI), events, images, and GPS map. Figure 7 some examples of how data can be viewed in Connect. Using Connect, the LCMS-2 3D pavement images are analyzed to identify and classify distresses, and the longitudinal profile of the road is analyzed to determine the IRI and ride quality under the wheel paths according to industry standards. All processed data is matched to the segment ID of the roadway.

To ensure the accurate determination of PC] scores, the field data undergoes a rigorous series of processing phases and quality checks. These checks encompass synchronized assessment of both processed and raw data streams. The automatic distress identification and classification process involves various steps: First, different rules and processing parameters are applied on different pavement types; next, the auto detected lane markings are manually adjusted to exclude non -pavement areas and limit the assessment area for cracking and rutting to between the lane markings and invalidation rules are applied to exclude additional anomalies (e.g. near railroad crossing or bridge decks) from the assessment area. Finally, a team of highly trained pavement raters who are well -versed in both the distress standards and the data in its digital format review images and make the necessary corrections on areas with gross under/over detection.

IMS Pavement Management Report Yucaipa, CA 2023 Page 18 05/13/2024 City Council Agenda 437

Figure 7 - QC Image from Connect"" Software
To further confirm the accuracy of our condition data, spot checks are conducted on a network -wide basis by both the QC team and engineering staff. These spot checks are carried out on a random selection of road sections across the entire network to verify that the condition data is consistent and accurate. They also help to identify any potential issues that may have been missed during the initial data collection and review process.

Once the QC team and engineering staff have established the integrity of the data, an initial condition spreadsheet with detailed data and summary tables and charts is prepared and submitted for review by the Client. This review process involves a careful examination of the condition data and includes a comprehensive analysis of the data's completeness, accuracy, and consistency before preparing data for import to City's pavement management system.

3.3 Pavement Condition Survey
The goal of the pavement condition survey is to determine an accurate rating for each pavement section.

The process of collecting and assessing data involves both automated and manual observations that originate from the data collected with the IrisPro Pave equipped with LCMS-2 downward imaging lasers, an array of 4k cameras, and trained rating personnel.

Within the "Network Analysis" tab in ESA, IMS has populated values for Surface Distresses, Roughness score, and Strength Rating. These three indices form the foundation on which ESA operates. They allow weighing factors to be uniquely specified for PCI calculation.

Surface Distress Index (SDI)
ASTM D6433 provides a method of categorizing surface distress observations for both asphalt and concrete pavements, based on the extent and severity of distresses along the roadway. The Surface Distress Index (SDI) is used to represent the observed pavement defects on a scale from 0 to 100.

However, not all surface distresses are given equal weight. Load -associated distresses (LAD), such as IMS Pavement Management Report Yucaipa, CA 2023 Page 19 05/13/2024 City Council Agenda 438

rutting or alligator cracking on asphalt streets, and divided slabs on concrete streets, have a greater impact on the SDI than non -load associated distresses (NLAD), such as raveling or longitudinal and transverse cracking. Even when present in low extents and moderate severity, LAD can significantly decrease the SDI.

The SDI inputs are shown in Figure 8. As discussed earlier in Section 3.1, the more upgraded LCMS-2 facilitated IMS engineers in capturing a broader range of distress varieties with enhanced precision through powerful lasers and an intelligent detection system. In comparison to the 2018 survey results, the 2023 assessment reported a PCI score of 51 and a Backlog of 34.3%, reflecting a decrease from the previous scores of 64 and 12%, respectively. This large decline in PCI scores can be at least partially attributed to the improved detection capabilities of distresses and the identification of a higher quantity of distresses in the more recent survey.

Distress Type Distress Quantity Distress Severity
Surface Distress
Index (SDI)
MEN
Very Good Excellent
Figure 8 - SDI Inputs and Detailed Scale
ASTM D6433 covers nearly forty unique distress types that may or may not be present in an agency's road network. For that reason, IMS uses a modified approach that collects the most common and relevant distresses. The descriptions in Table 1 outline some of the distresses collected for the City:

IMS Pavement Management Report Yucaipa, CA 2023 Page 1 10 05/13/2024 City Council Agenda 439

Table 1- Distress Descriptions
Alligator Asphalt
• Quantified by severity
Cracking
and square footage
• Caused by the repeated
bending from vehicle
loads
• Propagate from the
bottom, meaning that
structural failure has
occurred
• An LAD with significant
impact on the condition
score, even at low extents
Rutting Asphalt
• A minimum depth of
inch
• Quantified by their
depth and square footage
• Caused by the
permanent deformation
of the pavement and/or
subgrade layers
• Low densities can have
a large impact on the final
condition score due to
their implication of
possible structural failure
Longitudinal Asphalt
• Quantified by their
& Transverse
length and width
Cracking
• Results from pavement
shrinkage due to natural
daily and seasonal
temperature cycles,
construction issues, or
other factors
IMS Pavement Management Report Yucaipa, CA 2023
05/13/2024 City Council Agenda

Page 1 ends

WE I

Block Asphalt • Quantified by their
Cracking width and square footage
• Form interconnected
longitudinal and
,
transverse cracks
f
\
• Divides the pavement
into rectangular pieces
u
• Results from aging and
environmental factors
Patching Asphalt • Quantified by the
square footage and
severity
• Always considered a
surface defect y '
• Affects ride quality and aT
condition of a pavement W
Raveling Asphalt
Bleeding Asphalt
• Loss of coarse aggregate
on pavement surface
• Measured by
and square foot
affected
• Presence of fir
binder on the rc
surface
• Caused by eitl
excess of aspha
pavement or in!
voids in the mai
IMS Pavement Management Report Yucaipa, CA 2023 Page 1 12 05/13/2024 City Council Agenda 441

Edge Asphalt
Cracking
Distortion Asphalt
Weathering Asphalt
• Results in a pavement
surface with reduced skid
resistance
• Measured by severity
and square footage
• Run parallel to the road,
usually within 1 to 2 feet
of the outer edge of the
pavement
• Caused by traffic
loading and weakened
base conditions resulting
from poor drainage
• Measured in linear feet
• Includes various
localized unevenness in
the surface
• Examples include
bumps and sags,
depressions, swell,
corrugation, and shoving
• Caused by several
factors, such as
construction issues,
subgrade failure, mixture
failure, environmental
influence, etc.
• Wearing away of
asphalt binder and fine
aggregate matrix
• Quantified by severity
and square footage
IMS Pavement Management Report
05/13/2024 City Council Agenda
Yucaipa, CA 2023

Page 1 ends

442

Divided Slab Concrete
Corner Concrete
Breaks
Joint Spalling Concrete
Faulting Concrete
Durability Concrete
Cracking
• Slab divided by cracks
into four or more pieces
• Caused by overloading,
inadequate support, or
both
• Categorized as a severe
corner break if all pieces
or cracks are contained
within a corner break
• Crack that intersects
with a joint at less than %Z
the slab length
• Cracking extends
vertically through the
entire slab thickness
• Typically caused by
repeated load on a
surface with a failing base
• A breakdown of the
edges of a slab within 2ft
of a joint
• The depth of the
cracking and area
affected determine the
severity
• Identified by a
difference in elevation
across a joint
• Severe faults have a >%
inch elevation difference
between two adjacent
concrete slabs
• Caused by the freeze -
thaw expansion of the
large aggregate
• Breaks down concrete
over -time
• Typically runs parallel to
a joint or linear crack
IMS Pavement Management Report
05/13/2024 City Council Agenda
Yucaipa, CA 2023

Page 1 ends

443

• A high severity "D"
crack covers more than
15% of the overall slab
Scaling Concrete • A result of the surface
layer of concrete being
worn away overtime by
weathering.•
•A%to%inch
breakdown in the surface ,.
• Measured by severity
and total area affected
Punchouts Concrete • A localized, broken area
of the slab
• Caused by heavy and
repeat loads, inadequate
slab thickness, and a
deterioration of the base
foundation
• Measured by severity
and number of individual
cracks within the distress
Roughness Index (RI)
_ =k
The Roughness Index (RI) provides a quantifiable measure of ride quality, which is determined using the industry -standard ASTM E1926 for calculating the International Roughness Index (IRI). This value is derived from the longitudinal profile captured by the LCMS as it records the change in elevation over a distance. Once calculated, it is expressed as a slope and reported in millimeters per meter (mm/m). Typical IRI levels for new, older, and damaged pavements are displayed in Figure 9. The IRI is lower on average for roads or pavements that are normally used for higher speed travel.

IMS Pavement Management Report
Yucaipa, CA 2023

Page 115 ends

05/13/2024 City Council Agenda 444

IRI (mm/m) Normal Use
20 18--------------------------------------------------------------------------- 20 mph 16 ----------------------------------------------------------------- 30 mph 14 12
10 -------------------------------------------------------------- ---- 40 mph 8 -------------------------------------------------------------- -- SO mph 6 4
---------------------------------------------------- 60 mph 2 0
Airport New Older Maintained Damaged Rough
Highways Pavements Pavements Unpaved Pavements Unpaved
Road Road
Road or Pavement Type
Figure 9 - IRI Scale Definitions
To enable the use of a blended condition score that incorporates both PC[ and IRI scores, the IRI value is converted to an equivalent scale for analysis purposes. This is achieved by converting the IRI value into a score on a scale from 0 to 100 and reporting it as the Roughness Index (RI) using the following formula:

RI = (11— 3.5 x In(IRI)) x 10
ln(IRI) is the natural logarithm of IRI.

To provide some context, a newly constructed street would typically have an RI value of above 85, whereas a street that requires an overlay would fall within the range of 40 to 70. Roadways in poor condition generally have RI values below 40, although they may achieve higher blended scores if the distresses responsible for the low RI score are not due to structural failure or other severe causes. For instance, rapid construction can lead to a pavement surface with less -than -optimal smoothness, resulting in a low RI value. However, since the distress or imperfection is not caused by severe failures within the pavement structure, the blended PC[ value may not be significantly affected.

Structural Index (SI)
Structural adequacy testing was not requested by the City. Instead, IMS investigated the relationship between the PCI and the number of LAD observed in each pavement section to generate structural indices. Based on this analysis, each section was assigned a rating of Weak, Moderate, or Strong in terms of its strength. These ratings were represented by an SI of 30, 60, or 80, respectively. The established SI IMS Pavement Management Report Yucaipa, CA 2023 Page 1 16 05/13/2024 City Council Agenda 445

was not used in calculating the overall pavement condition score but rather to help determine appropriate rehabilitation strategies based on the pavement strength rating.

Pavement condition index (PCI) — Following the field surveys, the condition data was imported to ESA for calculating the overall PCI. The PCI for each segment was calculated using the following percentages of weighing factors: PCI = 100% SDI
Table 2 presents each PCI category along with a brief description of the typical distresses and recommended treatments for each.

Table 2 — Pavement Condition Categories
Like new condition — little to no maintenance required
Monitor condition or preventive maintenance.

Minor cracking, raveling, and other NLAD
Very
Good Routine or preventive maintenance.

E.g., Crack sealing, surface treatment
Minor to moderate cracking and low severity LAD such as alligator cracking and rutting.

Good
Surface treatments with localized repairs and overlays
E.g., Surface treatments, localized surface patching, thin overlay More extensive and severe longitudinal and transverse cracking, as well as moderate severity LAD
Fair
Localized repairs or major rehabilitation.

E.g., Localized surface and/or full -depth patching, moderate overlays
Localized high -severity alligator cracking, and rutting Marginal
70<PCI<_85
60<PCI<_70
50<PCI<_60
40<PCI<_50
Major rehabilitation.

E.g., Localized full -depth patching, mill and overlay, traditional overlay
A greater extent of severe alligator cracking, rutting 25<PCI:540 Major rehabilitation.

E.g., More extensive full -depth patching, mill and overlay, traditional overlay
xtensive and severe alligator cracking, more extensive and deeper rutting, and potholes.

Major rehabilitation.

E.g., Full -depth reclamation, reconstruction
0<PCI<_25
IMS Pavement Management Report
Yucaipa, CA 2023

Page 117 ends

05/13/2024 City Council Agenda 446

3.1 ESA Pavement Management System
The ESA software provides all the functionalities of a standalone software package while being user-friendly. It provides the City with a tool that can effectively catalog, classify, assess, track, and analyze condition data to aid in the processes of budget planning and pavement rehabilitation.

More specifically the program helps the City streamline its pavement management by giving structure to the basic information required for a management system:
• Pavement Section Inventory
• Pavement Deterioration Modeling
• Prioritization
• Funding Analysis
• Inspection Data
• Rehabilitation Selections & History
• Work Planning
• Reporting
The following pages will briefly detail the reasoning behind why this information is collected and used within the management program.

Pavement Section Inventory
An accurate inventory of all city -owned streets is necessary to make any determinations, assumptions, or projections within a management system. Individual attributes such as length, width, location, traffic use, surface type, condition, and other factors may be tracked and tied back to a single management segment within ESA. Thereafter, they are given a unique ID within the program. These attributes are critical in determining appropriate rehabilitation activities, prioritizing the management segments within the system, and facilitating placement and sorting during reporting.

Inspection Data
ESA provides the City with the flexibility to use a blended condition index that can be tailored to meet specific goals and requirements. The inputs for this index rely on inspection data from the field survey.

This custom reporting value is built based on various aspects considered while ranking the condition of a pavement. The inputs for this index are derived from inspection data collected during the field survey, including PCI and International Roughness Index (IRI) data. Details on the individual components of the inspection are available earlier in Section 3.0.

Pavement Deterioration Modeling
Inspection data by itself is only capable of representing conditions at the time of collection. Nevertheless, within ESA there are customizable curves that can predict the rate of pavement deterioration based on a streets functional class, pavement type, and strength rating. These deterioration curves are critical in predicting future pavement conditions and determining appropriate rehabilitation strategies. The model assumes that pavements with similar attributes and usage will deteriorate at similar rates. For instance, high volume asphalt arterials that are already in poor condition are expected to deteriorate faster and are represented in Figure 10 by a purple line. In contrast, low volume concrete local streets are expected to deteriorate slowly and are represented by a blue dashed line.

IMS Pavement Management Report Yucaipa, CA 2023 Page 118 05/13/2024 City Council Agenda 447

100
90 80
x 70
Z
c 60
0 v
c
0 50
v
E 40
a 30
20 10
0 ..
........................................
................
...............
.................r.........
-----•-------
- ACP Curve-1
- ACP Curve-2
_
- ACP Curve-3
-ACP Curve - 4
.........................
.............
....... ........
.... .......>. ...........:.
i.................

ACP Curve-5
-- ACP Gurve - 6
-----PCC CuNe-9
-----PCC Curve -10
CuNe-11
*�
-----PCC
0 10 20 30 40
Time (Years)
50 60 70
Figure 10 - Asphalt Concrete Pavement (ACP) and Portland Cement Concrete (PCC) Deterioration Curves
Rehabilitation Work Selections & History
ESA uses a set of protocols that allow for activities to be assigned to PCI ranges based on filter criteria that give the City the ability to create detailed rehabilitation strategy sets for each functional class and pavement type according to the best practices determined for that pavement.

As planned rehabilitation work is completed, a record of the work should be added to the pavement management system. This ensures that conditions are up to date for future selections and creates a repository of information to aid in planning.

Prioritization
Within ESA, the option is available to prioritize pavement projects for rehabilitation based on six main criteria: PCI, Cost of Deferral, Pavement Strength, Pavement Type, Functional Class, and the Area of a segment. Depending on the goals set forth at the beginning of the project, these criteria can be weighted differently based on their definition to create an overall priority factor for a project. Additional details on these factors are available in Section S.

Project planning
The ability to plan work as needed allows the management program to better reflect the realities of a paving program. Certain constraints may be applied to funds that require their use within a certain year and activities relating to other assets may dictate the time and type of work to be performed. ESA allows for predefined projects to be entered into the management plan to account for work that is known. This ensures that the outcome is consistent with overall town planning and accurately reflects current funding allocations.

IMS Pavement Management Report Yucaipa, CA 2023 Page 1 19 05/13/2024 City Council Agenda 448

In terms of pavement management efficiency, a program based on worst -first, that is starting at the lowest -rated street and working up towards the highest, does not achieve an optimal expenditure of funds. Generally, under this scenario, agencies cannot sufficiently fund pavement rehabilitation and lose ground despite injecting large amounts of capital into the network.

The preferred basis of rehabilitation candidate selection is to examine the cost of deferral of a street against increased life expectancy.

Funding analysis
The actual process of determining where and when to spend funds is a function of the inputs mentioned in this section. Information from the street section inventory, condition survey, deterioration modeling, rehabilitation activity protocols, prioritization, and project planner are all assessed to predict the potential outcomes of funding scenarios. These can either be goal -based or budget -based. A more detailed description is available in Section 5.0.

Reporting
ESA has the ability to generate basic reports for common data requests through a set of predefined layouts. This allows for quick access to section condition summaries, inspection data, budget scenario summaries, and data charts. The GIS data used to generate this report is also linked to the section summary information to allow for quick and easy visualizations of the data if imported into a GIS utility.

An example of data, as presented in ESA, can be seen in Figure 11.

Figure 11 - Example of ESA City Data

3.2 Summary
This section outlined the fundamental concepts of pavement management and described the implementation process for the City's pavement management system. The operating parameters of ESA were reviewed, and the inputs provided by the LCMS-2 technology were explained to provide context for calculating PCI, Roughness Index, and Pavement Strength.

IMS Pavement Management Report Yucaipa, CA 2023 Page 1 20 05/13/2024 City Council Agenda 449

This section will review the results of the pavement condition survey performed in May 2023. This section includes a summary of conditions in the functional classes used in the City's analysis, followed by a review of network photos taken from the RST. A series of charts will then summarize the findings of the condition survey and provide an overview of the PCI distribution across the City's pavement network.

4.1 City Street Inventory and Condition Summary
The City of Yucaipa is currently responsible for approximately 202.6 centerline miles of pavement with an overall PCI of 51 and a backlog of 34.3%. On the following page, Table 3 presents the City's inventory and pavement condition breakdown across different functional classes. Detailed information for each management section is available in Appendix A.

Table 3 - Network Inventory Summary by Functional Class and Pavement Type All Streets
1998
299
424�
1275
Segment (Block) Count
-_
Asphalt
1976
283
422
1271
Concrete
22 16
2 4
All Streets
202.6

42.3 50.6
109.6
Network Length (mi):

Asphalt
201.1

41.7L

50.2 109.3
Concrete

1.4 0.7

0.5 0.3
All Streets

39.0 48.2

37.1 36.2
Average Width (ft):

Asphalt

39.0 48.3 I

37.3 36.3
Concrete

31.7 42.4

20.3 26.4
----
All Streets
4,630,085
1,198,405 1,102,170
2,329,510
Network Area (yd2):

Asphalt
4,603,205
1,182,007 1,096,472
2,324,726
Concrete
26,880
16,398
5,698
4,784
Current Pavement Condition
All Streets
51 48
49 54
Index (CPCI)
5/28/23
Asphalt
51 47
49 54
Concrete
82 88
65 82
Current Backlog (%)
All Streets
34 Percentage of Network with
a PCI < 40
All Streets
51 48
49 54
Current Surface Distress Index (SDI)
5/28/23
Asphalt
--
51 47
49 54
Concrete
82 88
65 82
All Streets
66 70
65 64
Current Roughness Index (RI)
5/28/23
Asphalt
_
66 70 _._
65 64
Concrete
52 52 L
56 49
IMS Pavement Management Report
Yucaipa,
CA 2023

Page 121 ends

05/13/2024 City Council Agenda 450

4.2 City Network Condition Imagery
The images presented in this section provide a sampling of the City's streets that fall into various condition categories. A discussion of potential rehabilitation strategies is included for each category.

Very Poor (PCI = 0 to 25) — Complete Reconstruction
Ave B from End of Pavement to 2"d St (GISID 21276, PCI = 3) — Rated as Very Poor, this street displays a large quantity of alligator cracking severe enough to suggest that the pavement structure is inadequate for current traffic loads. The rehabilitation of roads in this condition through a mill and overlay is generally ineffective, as the failures usually extend to the bottom of the pavement layer. Streets in this condition require rehabilitation that involves removal and replacement of the asphalt layer, base stabilization, or complete reconstruction based on design requirements.

Deferral of reconstruction of streets rated as Very Poor will not cause a substantial decrease in overall pavement quality. The streets have passed the opportunity for overlay -based strategies, meaning that reconstruction, which can be expensive, is the most suitable solution. Thus, Very Poor streets are often deferred in favor of rehabilitating more streets at lower costs, resulting in a greater net benefit to the Town. This strategy, however, must be sensitive to citizen complaints that may demand the prioritization of these street repairs. In addition, this type of street can pose a safety hazard for motorists since severe potholes and distortions may develop. It is important to consistently monitor these streets and check for potholes or other structural deficiencies until the street is eventually rebuilt.

IMS Pavement Management Report Yucaipa, CA 2023 Page 1 22 05/13/2024 City Council Agenda 451

Poor (PCI = 25 to 40) — Last Opportunity for Surface Base Rehabilitation 77,
Casa Blanca Ave from Acropolis Dr to Oak Glen Rd (GISID 20062, PCI = 28) — Rated as Poor, this segment contains alligator cracking and dispersed longitudinal and transverse cracking across the pavement. If left untreated, a partial to full reconstruction would be required within a short period of time.

On heavily trafficked roadways, Poor streets often require partial to full reconstruction. On local roadways, they generally require removal of the pavement surface through grinding or excavation, base repairs, restoration of the curb line and drainage, and then placement of a new surface.

IMS Pavement Management Report Yucaipa, CA 2023 Page 1 23 05/13/2024 City Council Agenda 452

Marginal (PCI = 40 to 50) — Thicker Overlays
121h St from Avenue E to Avenue D (GISID 20654, PCI = 46) — This street displays deep transverse and longitudinal cracking throughout the entirety of the pavement.

Marginal streets that display high amounts of load associated distresses (LAD) are selected as a high priority for rehabilitation as they generally provide the best cost/benefit ratio to the City. If left untreated, Marginal streets with high amounts of LAD will deteriorate to become partial reconstruction candidates.

Marginal streets that are failing due to materials issues or non -load associated failures may become suitable candidates for thick overlays if deferred, without a significant cost increase.

IMS Pavement Management Report Yucaipa, CA 2023 Page 1 24 05/13/2024 City Council Agenda 453

Fair (PCI = 50 to 60) — Thin to Moderate Overlays
Kentucky St from 13th St to 12th St (GISID 21439, PCI = 54) — Fair streets have similar characteristics to Marginal streets in that the distresses present tend to be localized and moderate in severity; however, the distresses will predominately be non -load related (i.e., caused by environmental or other factors). This street displays moderate amounts of longitudinal and transverse cracking, with some cracks being deep but localized.

Like Marginal streets, Fair streets can provide a good cost/benefit ratio to an agency if addressed with an adequate rehabilitation technique. Stretching the application for surface treatments into this range can pose a cheap alternative to overlays but does not provide the appropriate renewal to the structural capacity of the pavement and may allow load related deterioration to continue unabated.

IMS Pavement Management Report Yucaipa, CA 2023 Page 1 25 05/13/2024 City Council Agenda 454

Good (PCI = 60 to 70) — Surface Treatments
8�
Fir Ave from Sandalwood Way to Larkspur Way (GISID 21936, PCI = 65) — Rated as Good, the primary cause of deterioration for this street is the longitudinal and transverse cracking. The pavement surface shows signs of sport patching; however, some crack patches have failed and could be restored with additional patching or surface treatments to remedy the more heavily distressed areas.

Preventive measures on streets considered Good can have a positive impact on the City's funding needs.

While the expected life of a slurry seal is not as long as that of an overlay, its ability to slow deterioration and relatively low cost can free up funding for streets in worse condition.

IMS Pavement Management Report
05/13/2024 City Council Agenda
Yucaipa, CA 2023

Page 1 ends

455

Very Good (PCI = 70 to 85) — Surface Treatments and Localized Rehabilitation Avenue E from Birch St to Avenue E (TC) (GISID 21176, PCI = 75) — Rated as Very Good, this street displays minor amounts of transverse cracking. It is an example of a candidate for preventive maintenance to extend the life of the roadway.

Also, routine maintenance prevents water intrusion by sealing and slowing crack growth. By keeping water out of the base layers, the pavement life is extended without the need for heavier rehabilitations.

IMS Pavement Management Report Yucaipa, CA 2023 Page 127 05/13/2024 City Council Agenda 456

Excellent (PCI = 85 to 100)
Cornell Dr from Grant Dr to Holmes St (GISID 21195, PCI = 97) — Rated as Excellent, this pavement displays little to no surface distresses. The ride is smooth, and the surface and the base are intact. Excellent roads should be periodically assessed for crack development that would trigger routine maintenance activities.

IMS Pavement Management Report Yucaipa, CA 2023 Page 1 28 05/13/2024 City Council Agenda 457

4.3 City Network Condition Distribution
Figure 12 shows the distribution of pavement condition for the roadway network in Yucaipa. • Just over six percent (6.2%) of the network can be considered in Excellent condition and should be closely monitored to ensure timely application of early localized preventive measures. • Approximately twenty-three percent (23.4%) of the network falls into the PCI range considered Very Good. These are roads that benefit most from preventive maintenance techniques, such as spot patching and slurry seals.
• Thirteen percent (13.0%) of the streets are rated as Good and may still be candidates for slurry seals or thin overlays.
• Twenty-three percent (23.0%) of the network can be considered in Fair to Marginal condition and represents candidates for progressively thicker overlay -based rehabilitation. If left untreated, they will decline rapidly into reconstruction candidates.
• Approximately thirty-four percent (34.3%) of the network is rated as Poor or Very Poor, meaning these roadways have deteriorated to the point where surface rehabilitation can no longer restore the pavement to a point of structural adequacy. Rehabilitation of the entire pavement structure is required for these segments.
45 Current Network Average Condition = 51, Backlog = 34.3% 40 co
i 35
Q
A
CO 30
oBacklog
3 25
Z 19.1
C 20
v 15.2
to
15 13.0
C 11.6 11.4
v
GJ 10
a 1 0
is

23.4 6.2
V Poor Poor Marginal Fair Good V Good Excellent
(0 to 25) (25 to 40) (40 to 50) (50 to 60) (60 to 70) (70 to 85) (85 to 100) Current Pavement Condition Using Descriptive Terms
Figure 12 - Roadway Network Present Status Using Descriptive Terms IMS Pavement Management Report
Yucaipa, CA 2023

Page 1 ends

05/13/2024 City Council Agenda 458

National and State Comparisons
The current national average PCI as measured by IMS and its clients is 65.2. The City was found to have a lower than average PCI of 51. When the current recorded average for the state of California is calculated using IMS data, the City again scored lower with an average PCI of 51 compared to 67.7.

The City's backlog is higher than the national average, 34.3% compared to 10.6%. The state of California also has a lower overall average backlog of 7%.

4.4 Condition By Functional Classification
Analyzing subsets of data in addition to the overall pavement condition can provide a better understanding of where an agency should focus its resources. Figure 13 displays the distribution of pavement conditions for each functional class, revealing that arterial and collector roads contribute almost equally to the portion of the City's network categorized as Marginal or below in condition (under 50 PCI). Although residential roads have the highest average PCI of the three functional classes and

41.3% of roads in this class are categorized as Very Good or Excellent, 32.5% are still categorized as part of the network backlog.
ca
L
Q
m
Y
L
0 3
W
z
4-
0 v
as
c�
a,
U
L
W
a
40 30
20 10
X
■ Arterial, PCI = 48
■ Collector, PCI = 49
■ Residential, PCI = 54
71 V Poor Poor Marginal Fair Good V Good Excellent
(0 to 25) (25 to 40) (40 to 50) (50 to 60) (60 to 70) (70 to 85) (85 to 100) Pavement Condition Using Descriptive Terms
Figure 13 - Condition Rating by Functional Classification IMS Pavement Management Report Yucaipa, CA 2023 Page 130 05/13/2024 City Council Agenda 459

When evaluating the condition of pavement based on the percentage of network it covers, the proportion of each class in the overall network must also be considered. This distribution is illustrated in Figure 14. Local and minor arterial roads have the lowest PCI out of the four functional classes. Even so, minor arterials make up only 6% of the total network, so their condition will likely affect fewer citizens compared to a larger class like local roads. Therefore, the City should focus its preventive maintenance efforts on the class types that contribute to a greater degree to the overall network.

Residential,
2,329.5, 50%
Arterial,
1,198.4, 26%
Collector,
1,102.2, 24%
Total Mileage = 202.6 Miles
Total Area = 4630k Scl Yards
Figure 14: Functional Classification Distribution By Area

4.5 Condition By Pavement Type
The maintenance and improvement of asphalt and concrete pavements may require different rehabilitation activities that come at different costs. Figure 15 displays the distribution of pavement conditions for each pavement type.

IMS Pavement Management Report Yucaipa, CA 2023 Page 1 31 05/13/2024 City Council Agenda 460

W
50 ■ Current Asphalt Network Average Condition = 51,
Backlog = 34.5%
40 ® Current Concrete Network Average Condition =
82, Backlog = 0%
L
a
pp 30
Y
L
0 3
W 20
z
4-
0 v
M 10
4-1
v
U
L
a o
V Poor Poor Marginal Fair Good V Good Excellent
(0 to 25) (25 to 40) (40 to 50) (50 to 60) (60 to 70) (70 to 85) (85 to 100) Pavement Condition Using Descriptive Terms
Figure 15: Current Pavement Condition By Pavement Type
The graph shows that the City's concrete network has a higher average PCI than its asphalt network. A total of 74.3% of the concrete network was categorized as being in Very Good or Excellent condition, while only 29.5% of the asphalt network falls into these categories. It is important to note that concrete pavements make up only 1% of the City's total network. This means that the average PCI of the asphalt pavement type has a greater impact on the overall PCI of the network.

4.6 Summary
Section 4.0 of the report provided a detailed analysis of the results obtained from the pavement condition survey conducted in the City of Yucaipa. The section covered the three functional classifications in the City and their respective PCI values, which were further illustrated with pavement photographs taken during the survey. Additionally, the section provided a breakdown of the pavement condition distribution for each functional class and pavement type. Overall, the network average PCI for Yucaipa was found to be 51 with a backlog of 34.3%.

IMS Pavement Management Report
Yucaipa, CA 2023

Page 1 ends

05/13/2024 City Council Agenda 461

This section discusses the results of the pavement management analysis that was performed using the ESA pavement management system, starting with an overview of the assumptions that were used when implementing the system, such as the unit rates and the selection methodology for rehabilitation candidates. The subsequent section, 5.2, details the results of each of the various five-year budget runs beginning in January 2024, along with their predicted conditions. This is highlighted further through a series of charts that are used to demonstrate the advantages and disadvantages of various funding models.

5.1 Key Analysis Set Points and Assumptions
Pavement management analysis requires user input to complete its condition forecasting and prioritization. A series of operating parameters were developed to create an efficient program that is tailored to the City's needs.

Selecting Segments for Rehabilitation
The selection of rehabilitation candidates through a worst -first approach or subjective committee input is neither efficient nor cost effective. It is important to establish a set of criteria and determine their importance in the selection process. ESA has defined commonly used criteria within the program that allows different weighting factors to be applied depending on the City's goals. This approach can lead to more objective and effective selection of rehabilitation candidates. • PCI — As mentioned earlier in this section, the results of the pavement condition survey are used to generate a PCI that ranges from 0-100 where 0 is considered the worst and 100 the best. This factor can be given a higher weight to give greater priority to poor condition streets. • Cost of Deferral — As time passes a pavement will deteriorate and require more costly repairs as it ages.

ESA can be configured to prioritize streets nearing the point where this cost increase occurs. • Pavement Strength — Through the use of deflection testing or the prevalence of LAD, the relative strength of a pavement can be determined. A prioritization factor can be applied that gives preference to streets that may deteriorate faster in order to apply more cost-effective rehabilitation early in the life cycle.
• Pavement Type — Depending on costs, design life, and the City's goals, a weighting factor can be applied based on the materials used to construct the pavement.
• Functional Class —Generally higher volume streets are given the greatest priority within a program since they serve the most vehicles.
• Area — Project selection can consider the size of a project when determining rehabilitation priority. The City can decide to select large groups of streets over small ones if that approach suits the goals set forth at the beginning of the project.
• Planned or Committed Projects — When developing the rehabilitation plan, projects that are already scheduled to be completed are taken into consideration. This is done by adjusting the PCI scores to reflect the expected improvement resulting from these projects.

IMS Pavement Management Report Yucaipa, CA 2023 Page 133 05/13/2024 City Council Agenda 462

For the City, the weighting factors for these categories were established with the aim of maximizing the cost savings associated with the concept of deferred maintenance and addressing Weak pavements with lower PCI scores. The goal is to minimize the growth of the backlog.

Rehabilitation Strategies and Unit Rates
The funding requirements for the City are mainly determined by the rehabilitation strategies and unit rates used in the budget analysis. Table 4 presents a breakdown of the costs associated with different pavement rehabilitation activities and their application. The table also suggests a recommended rehabilitation funding sequence based on the cost of deferral. A lower number in this column indicates a higher priority for rehabilitation based on the cost of deferral.

The parameters to consider when forming rehabilitation strategies include:
• Rehab Activity — This includes the assigned identifier and name of each rehabilitation strategy. Various degrees of slurry sealing are outlined to highlight the increasing cost associated with additional patching requirements for lower PCI streets.
• Min, Max, and Critical PCI — The PCI range for the application of a specific rehabilitation activity is determined by the Min and Max values that set the upper and lower limits, while the Critical PCI indicates the threshold at which rehabilitation becomes a higher priority to leverage the cost of deferral factor. There can be overlap in the PCI range to allow for further differentiation based on pavement strength.
• Unit Rates —The cost of rehabilitation is presented per square yard for each combination of pavement type, functional class, and rehabilitation activity. A base unit rate is set for the lowest assumed cost of a work type, and it is adjusted for each functional class to account for additional work such as traffic control, intersection improvements, landscaping, utility adjustments, and right-of-way (ROW) infrastructure. IMS worked closely with the City to determine rates that accurately represent the cost of work.

IMS Pavement Management Report Yucaipa, CA 2023 Page 134 05/13/2024 City Council Agenda 463

Table 4 - Rehabilitation Rates
RoutMaitenance
Slurry S al /nSeal Coat
rY
MicroSurface / Chip Seal
85 80
00 l 182
185 4.29 0.00 -
80 6.50

7.15 70 47.97

0.0 4.70
�7.25

8.00 53.00

4.50 i�
85 I
88 88 1
_
92 Ashalt
P

4.60 15
Asphalt
70 73

7.00 6.75
1 Asphalt
Asphalt
Asphalt
Asphalt
MicroSurface / Chip Seal +
Structural Patch
60 63

7.75 7.50
4 Edge Mill + Thin Overlay (1.5 -

2.0)_
Edge Mill/Full Width Mill (FWM) +
Moderate Overlay (2.0 - 3.0)
FWM + Thick Overlay (> 2.0 -

3.0 Surf Recon + Base Rehab / FWM
+ Structural Patch + Overlay
ACP Full Depth Reconstruction
PCC Joint Rehab & Crack Seal
PCC Localized Rehab
PCC Slight Panel Replacement
(<10%)
PCC Moderate Panel
Replacement < 20%

51.50 60.00

67.50 50.50

58.00 i 64.50
118.00
179.00
12 50
54 60

53.73 62.00
94 11
40 44
50 58.31

70.50 96
2 Asphalt
25 30
40 106.9
3 129.00
124.00
183.00
98 3
Asphalt
Concrete
Concrete
Concrete
Concrete
0 15
25 170.6
3 188.00
100
4 80
82 100

5.00 5.50

5.50 5.25
83 11
70 73
80 11.00

12.75 12.25

11.75 85
3 60
63 70

22.50 27.25

26.00 24.75
88 1
50 54
60 34.50

44.00 41.50

39.00 90
6 Concrete
PCC Extensive Panel
Replacement (<33%)
PCC Partial Reconstruction
PCC Full Depth Reconstruction
40 44
50 47.50

63.00 59.00

55.00 94
8 Concrete
25 30
40 65.50

83.00 78.50

74.00 96
5 Concrete
0 15
25 99.50
132.50
123.50
115.00
100
10 5.2 Network Budget Analysis Models
The pavement management analysis using the ESA system involved combining the condition assessment, deterioration model, prioritization factors, and rehabilitation assignments to conduct a budget analysis.

With this information, the program can predict the outcomes of different funding levels or suggest the funds necessary to achieve specific goals. To model network trends and estimate the funding levels needed to reach certain condition and distribution targets, IMS conducted an analysis using a series of budgets. The results of this analysis are detailed in this section.

Budget Targets
The following scenarios were generated to forecast the outcomes of the current estimated City budget compared to City's target PCI goals over the next five years. The models determine what level of funding may be appropriate going forward. The values for backlog and PCI have been rounded to the nearest whole number to improve legibility. Varying budget figures will have slightly different outcomes that are visible in the charts but may not be completely represented in the legend text. 1 Unit rate names were shortened in the table to conserve space. All unit rates are provided in dollar per square yard ($/yd2).

Please refer to the following list for the complete names: Base Unit Rate (BUR), Arterial Unit Rate (AUR), Collector Unit Rate (CUR), and Residential Unit Rate (RUR).

IMS Pavement Management Report Yucaipa, CA 2023
05/13/2024 City Council Agenda

Page 1 ends

i M i

Five-year Models:
• Yucaipa Budget (Green Line) — This represents the City's current average annual budget of $10M/Yr. dedicated to pavement preservation and rehabilitation. This level of funding will result in a network average PCI score of 46 and a backlog of around 43% after five years. • Maintain Current Backlog (Red Dashed Line)— The Maintain Current Backlog budget was developed in order to maintain the current backlog of around 34%. This results in a budget value of $27.69M/Yr. and a PCI increase to 53 after five years.
• Steady State PCI (Red Line) —This is simply the funds required to maintain the current network average PCI at around 51. The annual budget required to do so is approximately $22.47M/Yr. Backlog will increase to 37% of the network after five years.
• Backlog Control (Purple Dashed Line) — The Backlog Control budget was developed in order to restrict the backlog to a maximum of 38%. The funding required to achieve this backlog goal is $20.58M/Yr. and will also decrease the PCI to 50 after five years.
• PCI Control (Purple Line) —The PCI Control model determines the funding required to maintain the PCI at a minimum level of 46. This budget is $10.19M/Yr. and will result in a backlog of 43% after five years.

The results of the analysis are summarized in Figure 16. The x-axis highlights the annual budget, while the y-axis plots the five-year Post Rehab Network Average PCI values. The diagonal blue line is the network trend model developed to show estimated PCI along with a funding range up to $40M/Yr. .o
c
O
= 55
O
U
O
a4
M
N
a
Y 50
O
3 Z
M
M
s
45 N
O
a
Rol
Analysis Period 2024 to 2028
Analysis Start Date = 1/1/2024
Current PCI = 51 (2023)
Control PCI = 46
------------------------------- --
,
,
' • r •
,
0 10 20 30 40
Annual Budget Each Year for Five Years ($1M/Yr)
2024 to 2028 Rehab
Analysis Results
- - - - - Maintain Current
Backlog: Final PCI = 53,
Backlog = 34%, Annual
Budget = $27.69M/Yr
Steady State PCI: Final
PCI = 51, Backlog =
37%, Annual Budget =
$22.47M/Yr
- - - - - Backlog Control Budget:

Final PCI = 50, Backlog =
38%, Annual Budget =
$20.58M/Yr
PCI Control Budget: Final
PCI = 46, Backlog =
43%, Annual Budget =
$10.19M/Yr
Yucaipa, CA Budget:

Final PCI = 46, Backlog =
43%, Annual Budget =
$10M/Yr
Yucaipa, CA has a Backlog
controlled network
Figure 16 — Five-year Post Rehab Network PCI Analysis Results IMS Pavement Management Report Yucaipa, CA 2023
05/13/2024 City Council Agenda

Page 136 ends

465

Figure 17 presents the resultant network backlog against the annual budget. It is similar to Figure 16, but instead of plotting the average PCI score, it displays the total backlog after five years with a blue diagonal line. The City currently maintains a backlog of 34.3%. As the backlog grows, the funding required to return to the current level will increase.
0%
0 v
U
a
v
O
�\wo 45
O
Y
U
M
m
OOuO
ca
v 40
U
L
a
Y
L
O
3 GJ
Z 35
O
t
O
O
a
Me
2028
'2024
0 10 20 30
Annual Budget Each Year for Five Years ($1M/Yr)
40 2024 to 2028 Backlog Analysis
Results
Yucaipa, CA Budget: Final PCI
= 46, Backlog = 43%, Annual
Budget = $10M/Yr
Steady State PCI: Final PCI =
51, Backlog = 37%, Annual
Budget = $22.47M/Yr
- - - - - Maintain Current Backlog: Final
PCI = 53, Backlog = 34%,
Annual Budget = $27.69M/Yr
- - - - - Backlog Control Budget: Final
PCI = 50, Backlog = 38%,
Annual Budget = $20.58M/Yr
PCI Control Budget: Final PCI =
46, Backlog = 43%, Annual
Budget = $10.19M/Yr
Current Backlog = 34% (2023)
Figure 17 — Five-year Post Rehab Network Backlog Results IMS Pavement Management Report
Yucaipa, CA 2023

Page 137 ends

05/13/2024 City Council Agenda 466

Figure 18 presents the analysis results on an annual basis. This shows that if the budget falls below $22.47M/Yr. (Steady State PCI Budget), over time the overall condition of the roads is expected to deteriorate as the backlog grows. The City's current budget of $10M per year follows the same pattern as the backlog control budget and the majority of the green line representing the budget is covered by the solid purple; however, it is still possible to see that a budget of $10M is not enough to keep the condition of the City's network from declining.
95 ON
X
GJ
85 c
p 80
75 O
4+ 70
C
CJ
E 65
a 60
�1
UO
T 55
N
Q 50
Y
L
O 45
3 Z 40
35 30
2023
2024 2025 2026 2027 2028
Year
Figure 18 — Five-year Annual PCI
Fix All Budget = $495M Over 5
Years
Maintain Current Backlog:

Final PCI = 53, Backlog = 34%,
Annual Budget = $27.69M/Yr
Recommended Budget: Final
PCI = 52, Backlog = 36%,
Annual Budget = $25M/Yr
Yucaipa, CA Budget: Final PCI
= 46, Backlog = 43%, Annual
Budget = $10M/Yr
Steady State PCI: Final PCI =
51, Backlog = 37%, Annual
Budget = $22.47M/Yr
• • - Backlog Control Budget: Final
PCI = 50, Backlog = 38%,
Annual Budget = $20.58M/Yr
PCI Control Budget: Final PCI
= 46, Backlog = 43%, Annual
Budget = $10.19M/Yr
Do Nothing
Yucaipa, CA has a Backlog
controlled network
IMS Pavement Management Report
05/13/2024 City Council Agenda
Yucaipa, CA 2023

Page 1 ends

467

1.1 Post Rehabilitation Condition
Figure 19 compares the percentage of the City's network area separated into each pavement condition category for two scenarios: the current network average condition (shown in red) and the projected condition in five years with the City's budget (shown in blue). The analysis shows that if the City's current budget is maintained, the average PCI is expected to decrease to 46 by the end of the five-year analysis period, and the backlog is projected to decrease to approximately 43.4%. The total percentage of Very Good and Very Poor pavements are predicted to be affected the most, with the total percentage of Very Good decreasing by almost 10% and Very Poor increasing by approximately 8%. 50 40
30 20
10 0
■ Current Network Average Condition = 51, Backlog = 34.3% ® Post Rehab Network Average Condition = 46, Backlog = 43.4% Analysis Period 2024 to 2028
Annual Budget = $10000 k/Year
V Poor Poor Marginal Fair Good V Good Excellent
(0 to 25) (25 to 40) (40 to 50) (50 to 60) (60 to 70) (70 to 85) (85 to 100) Pavement Condition Using Descriptive Terms
Figure 19 — Comparison of Pavement Condition Outcome of Two Potential Budgets over Five Years

5.3 Summary
The pavement analysis models conducted using the ESA program showed that the current annual budget of $10M for pavement management would result in negative change in pavement condition over a period of five years, resulting in a five-year post rehab PCI of 46 and a backlog of 43.4%. Maintaining the current backlog level at 34.3% would require an annual budget of approximately $27.69M and increase the PCI to

53. These findings highlight the importance of adequate funding for pavement management to maintain the quality and safety of the City's roads.

IMS Pavement Management Report
Yucaipa, CA 2023

Page 139 ends

05/13/2024 City Council Agenda 468

6.1 Project Summary and Recommendations
A pavement condition survey was performed in May 2023 on the full City pavement network. The results of the condition survey were aggregated into the ESA pavement management system. This system facilitated the creation of a georeferenced pavement inventory, enabled the development of a precise model of the network's current condition and anticipated future deterioration, and provided recommendations for funding to meet various level -of -service objectives.

The following broad recommendations are presented to the City as an output from the pavement analysis and must be read in conjunction with the previous sections. • The City should make efforts to keep the ESA spreadsheet up to date. — By maintaining and updating the rehabilitation unit rates, work history of the segments, and accuracy of the inventory, the City will be able to reliably forecast funding needs for future years. This allows the City to be proactive in maintaining the condition of the pavement network at an acceptable level.
• The City should periodically resurvey the pavement network. — Pavement performance over time involves many variables, such as traffic volumes, environmental factors, maintenance timing, and design standards. As these variables change, the rate at which a pavement deteriorates will change with them. The periodic resurvey of pavement conditions allows the City to track these changes and update models accordingly, ensuring that appropriate rehabilitation measures are being planned. • The City should investigate new and additional rehabilitation activities. — Advancements in pavement rehabilitation technology are constantly being made, and it is recommended that the City periodically update its planned rehabilitation activities in the ESA program to take advantage of these advances
• The City should strive to maintain or better its current condition if possible. — Maintaining a pavement network in good condition is more cost-effective than restoring conditions after deterioration. The City's current pavement network has an overall PCI of 51 with a backlog value of 34.3%. If the current annual budget of $10M is maintained, the models show the PCI will decrease to 46 and the backlog will increase to 43% after five years.

6.2 Closing
The IMS Team greatly appreciates the opportunity to work with the City on this pavement management update. Over the course of this project, the team has observed the City staff's dedication to offering the best possible service to their community. IMS stands ready to assist the City with training and technical support as necessary and welcomes the opportunity to work with the City on future pavement management projects.

IMS Pavement Management Report Yucaipa, CA 2023 Page 140 05/13/2024 City Council Agenda 469

ATTACHMENT 2
05/13/2024 City Council Agenda 470

FY24/25 PAVEMENT

MANAGEMENT

PROGRAM
05/13/2024 City Council Agenda 471

FY23/24THROUGH FY28/29 PMP

BUDGET SUMMARY TABLE
05/13/2024 City Council Agenda 472

FY24/25 - FY28/29 PMP BUDGET SUMMARY TABLE
Pavement Maintenance Item Description
Pavement Rehabilitation (Residential and Arterial/Collector) Surface Treatement (Microsurface)
Patching (subgrade failed areas)
Crack Seal
Additional Maintenance Programs
AC Berm Replacement
Concrete Replacement
Understreet Drain Pipe Repair
Striping/Pavement Markings
Neighborhood Traffic Calming
Interagency Paving Agreements (Utility Companies)
Inter-Aqencv Paving Agreements (YVWD)
Measure I - Sales Tax
Gas Tax/Prop 42 (2)
SB1 (3)
General Fund
Total Transfers & Revenues:

Annual Recommended PMP Expenses:

Proiected Year -End Fund Balance:
(') Includes one-time carryover balance of $2,521,107
(2) Includes one-tme carryover balance of $38,965
(3) Includes one-time carryover balance of $659,941
FY 23/24
FY 24/25
FY 25/26
FY 26/27
FY 27/28
$2,181,790
$2,058,694
$1,808,694
$1,619,611
$1,493,555
$140,000
$1,152,868
$1,085,216
$906,982
$896,133
$94,920
$226,456
$198,956
$178,157
$164,291
$49,000
$205,869
$180,869
$161,961
$149,355
$0
$82,348
$0
$64,785
$0.00
$80,000
$205,869
$180,869
$161,961
$149,357
$30,000
$41,174
$36,174
$32,392
$29,871
$30,000
$82,348
$72,348
$64,784
$59,742
$30,000
$61,761
$54,261
$48,588
$44,807
$40,000
$40,000
$40,000
$40,000
$40,000
Street Maintenance Total $2,675,710
$4,157,387
$3,657,387 (4)
$3,279,221
$3,027,111
Revenues & Transfers of Revenues From Other Funds
40,000
40,000
40,000
40,000
40,000
900,000
2,182,387
2,182,387
1,804,221
1,552,111
130,000
85,000
85,000
85,000
85,000
1,000,000
1,850,000
1,350,000
1,350,000
1,350,000
876,800
0 0
0 0

2.946.800 $

4.157.387 $

3.657.387 (4) $

3.279.221 $

3.027.111
(4) Does not include costs or funding for rehabiliatation of County Line Road between Bryant Street and Calimesa Boulevard $1,367,500
$765,800
$150,425
$136,750
$54,700
$136,750
$27,350
$54,700
$41,025
$40,000
$2,775,000
40,000
1,300,000
85,000
1,350,000
0 2.775.000
05/13/2024 City Council Agenda 473

STREETS COMPLETED
FY23/24 MAP
05/13/2024 City Council Agenda 474

FY23/24 COMPLETED STREET

SEGMENTS BY TYPE

FULL -WIDTH MILL/EDGEMILLAND

OVERLAY

MICROSURFACE
05/13/2024 City Council Agenda 475

PROPOSED FY24/25 PMP MAP

AND STREET LIST
05/13/2024 City Council Agenda 476

4/W/24
05/13/2024 City Council Agenda
477

Pavement
Pavement
Pavement Area
Current Segment
Segment Rehab
On Street
From Street
To Street
FunCL
Width (ft)
Length (ft)
(yd2)

PCI (CPCI)
Results
Rehab Activity
Rehabilitation
ArteriallCollector Streets (Classification
1-4)

BRYANT ST

WILDWOOD CANYON RD

WILDWOOD CANYON RD
Arterial
24 6
17 46
Non-Cdcl Yr 1
FWM +Thick Overlay (> 2.0 - 3.0)

WILDWOOD CANYON RD
6TH PL.
6TH ST
Arterial
41 779
3,726
47 Non-Crtcl Yr 1
FWM + Thick Overlay (> 2.0.3.0)

WILDWOOD CANYON RD
6TH ST
5TH ST
Arterial
43 1,159
5,812
41 Selected Yr 1
FWM + Thick Overlay (> 2.0 - 3.0)

AVENUE E
6TH ST
5TH ST
Arterial
51 1,316
7,828
44 Selected Yr 1
FWM + Thick Overlay (> 2.0 - 3.0)
5TH ST
AVE H
AVE G
Arterial
30 913
3,197
21 Selected Yr 1
Surf Recon + Base Rehab / FWM + Strctrl Ptch + Clay
5TH ST
AVE G

WILDWOOD CANYON RD
Arterial
40 1,344
6,271
29 Selected Yr 1
Surf Recon + Base Rehab / FWM + Strctrl Ptch + Clay

COUNTY LINE RD (TC)

COUNTY LINE RD

CALIFORNIA ST
Arterial
50 68
397
26 Selected Yr 1
Surf Recon + Base Rehab! FWM + Strctrl Ptch + Clay
16TH ST

DUNLAP BLVD

AVENUE E
Collector
39 1,519
6,910
36 Non-Crtcl Yr 1
Surf Recon + Base Rehab / FWM + Strctrl Ptch + Clay
16TH ST
AVE D

YUCAIPA BLVD
Collector
40 976
4,556
51 Selected Yr 1
EM/FWM + Moderate Overlay (2.0 - 3.0)
16TH ST

YUCAIPA BLVD

TENNESSEE ST
Collector
26 336
1,019
29 Selected Yr 1
Surf Recon + Base Rehab / FWM + Strctrl Ptch + Olay
6TH ST

WILDWOOD CANYON RD

NEBRASKA LN
Collector
34 553
2,192
28 Selected Yr 1
Surf Recon + Base Rehab / FWM + Strctd Ptch + Clay
AVE D
16TH ST
15TH ST
Collector
40 1,321
6,164
28 Selected Yr 1
Surf Recon + Base Rehab / FWM + Strctd Ptch + Olay
AVE D
2ND ST
1ST ST
Collector
37 659
2,845
23 Selected Yr 1
Surf Recon + Base Rehab / FWM + Slrclrl Ptch + Clay
AVE D
1ST ST

CALIFORNIA ST
Collector
38 660
2,927
35 Selected Yr 1
Surf Recon + Base Rehab / FWM + Strctrl Ptch + Clay

BELLA VISTA DR

BELLA VISTA CT

GRANT ST
Collector
33 669
2,575
29 Selected Yr 1
Surf Recon + Base Rehab / FWM + Strctrl Ptch + Clay

DUNLAP BLVD
16TH ST

KENTUCKY ST
Collector
42 225
1,103
27 Selected Yr 1
Surf Recon + Base Rehab / FWM + Strctd Plch + Clay

PENDLETON RD

FREMONT ST

DATE AVE
Collector
20 3,262
7,610
29 Selected Yr 1
Surf Recon + Base Rehab / FWM + Strctrl Plch + Clay

PENDLETON RD

DATE AVE
DS@151N DATE AVE
Collector
24 151
423
32 Selected Yr 1
Surf Recon + Base Rehab / FWM + Slrclrl Pich + Clay
' OAK GLEN RD
RIV_CO_LIVE OAK CANYON RD

CALIMESA BLVD
Asphalt
42 609
2,982
69 Fall Thru Yr 2
FWM + Thick Overlay (> 2.0 - 3.0)
~ OAK GLEN RD
RIV_CO_LIVE OAK CANYON RD

CALIMESA BLVD
Asphalt
41 609

2.912
63 Fall Thru Yr 2
FWM + Thick Overlay (> 2.0 - 3.0)
" OAK GLEN RD

CALIMESA BLVD
13TH ST
Asphalt
74 940

8.119
52 Fall Thm Yr 3
FWM + Thick Overlay (> 2.0 - 3.0)

OAK GLEN RD
13TH ST

COLORADO ST
Asphalt
74 889

7.678
52 Fall Thm Yr 3
FWM + Thick Overlay (> 2.0 - 3.0)

OAK GLEN RD

COLORADO ST
DS@706E COLORADO ST
Asphalt
61 706

5.022
46 Fall Thru Yr 3
FWM + Thick Overlay (> 2.0 - 3.0)

OAK GLEN RD
DS@706E COLORADO ST

AVENUE E
Asphalt
57 2,200
14,628
48 Fall Thru Yr 3
FWM + Thick Overlay (> 2.0. 3.0)
Residential Streets

CUSTER ST

MOUNTAIN VIEW ST
EDP
Residential
26 131
399
28 Selected Yr 1
ACP Full Depth Reconstruction

BELLA VISTA CT
EDP

BELLA VISTA OR
Residential
41 365
1,748
61 Selected Yr 1
EM/FWM + Moderate Overlay (2.0 - 3.0)

HOLLYBROOK LN

HOPE LN
EOP
Residential
24 49
137
13 Selected Yr 1
ACP Full Depth Reconstruction

SIDANA RD
AVE H

DAMASCUS ST
Residential
26 291
884
42 Selected Yr 1
FWM + Thick Overlay (> 2.0 - 3.0)
Surface
Treatment
Arterial/Collector Streets (Classification

1.4)

AVENUE E (TC)
2ND ST

AVENUE E
Arterial
11 63
81 66
Selected Yr 1
MicroSurface I Chip Seal

AVENUE E (TC)
3RD ST

AVENUE E
Arterial
12 62
86 71
Selected Yr 1
MicroSurface I Chip Seal

AVENUE E (TC)

AVENUE E
3RD ST
Arterial
12 69
97 78
Selected Yr 1
MicroSurface I Chip Seal

YUCAIPA BLVD
16TH ST
15TH ST
Arterial
43 1,398
7,011
83 Selected Yr 1
Slurry Seal / Seal Coat

YUCAIPA BLVD
16TH ST
DS@822E 16TH ST
Arterial
36 822
3,454
84 Selected Yr 1
Slurry Seal / Seal Coat

YUCAIPA BLVD
DS@822E 16TH ST
15TH ST
Arterial
35 585
2,388
87 Selected Yr 1
Slurry Seal / Seal Coat
Residential Streets

MOUNTAIN VIEW ST

BRYANT ST

CUSTER ST
Residential
34 643
2,551
86 Selected Yr 1
Slurry Seal / Seal Coat

MOUNTAIN VIEW ST

CUSTER ST

LINN ST
Residential
25 151
440
81 Selected Yr 1
Slurry Seal I Seat Coat

SUNLIGHT DR

BRYANT ST

MONTEREY DR
Residential
34 209
829
72 Selected Yr 1
MicroSurface / Chip Seal
- Segments prioritized based on public comment
05/13/2024 City Council Agenda 478

PMP MAP OF PROPOSED
STREETS FOR NEXT FIVE (5)
YEARS
05/13/2024 City Council Agenda 479

PROPOSED STREET SEGMENTS FOR
NEXT FIVE (5) YEAR CYCLE
wmw 5/W/W24
05/13/2024 City Council Agenda 480

UNIT COST BY TREATMENT
TYPE
05/13/2024 City Council Agenda 481

Table of Overlay and Reconstruction Options with Guidelines for Applications 2024-2025
Est. Cost
Rehab Options
Rehab Descriptions
Where Used
Street Conditions
Per/SF

OVERLAY OPTIONS
Edge Mill & Thin
Clean, Repair, CF, Apply Weed Control Edge
Residential
Extent & Magnitude of cracks is
$2.09
Overlay 1 1/2"
mill (6' Wide), Install 1 1/2" Overlay
moderate to high.

Full Width Mill and
Clean, Repair, CF, Apply Weed Control Mill
Arterials & Collectors-
Extent & Magnitude of cracks is
$2.64
Moderate Overlay 2-
width of roadway, applit 2' to 3" Overlay
Special Cases Residential
moderate to high. Moderate sub-
3"
grade failures
Full Width Mill and
Clean, Repair, CF, Apply Weed Control Mill
Arterials & Collectors-
Extent & Magnitude of cracks is
$2.96
Thick Overlay >2-3"
width of roadway, apply >2" to 3"
Special Cases Residential
high. Moderate to high sub -grade
failures

RECONSTRUCTION OPTIONS
Pulverize & Overlay
Pulverize existing pavement (usually when less
Arterials, Collectors &
Significant failed areas of sub-
$3.17
than 3 1/2") to a maximum depth of 8"-9" if
Residential.
grade or pavement (30% or more)
there is an adequate base to mix. Do not
making O/L not an cost effective
pulverize into the existing dirt sub -grade.
approach. (Cost of material
Grade and compact (no removal of excess
removals and to maintain grades
material regrade cross slope to accomodate for
is an important factor.)
additional pulverized material, O/L 3 1/2".

Abreviation Summary:

Clean- Remove loose dirt, debris and vegetation growth FC- Functional Classification- Arterial (Primary Highways (usually in cracks) & Secondary Higheways), Collectors & Residentials Repair- Remove and Replace areas where pavement or O/L- Asphaltic Concrete Overlay (Thickness as shown in sub -grade has failed. chart above.

CF- Crack filling of the street surface. FM- Full Mill- Milling of the street for the full width EM- Edge Mill- Usually 6' wide along the edge of an Petromat- Thin layer of fabric used between new and existing curb & gutter or berm existing pavement to prevent crack reflecting 05/13/2024 City Council Agenda 482

Table of Surface Treatment Options with Guidelines for Applications 2024-2025
Est. Cost
Rehab Options
Rehab Descriptions
Where Used
Street Conditions
Per/SF
Surface Treatment
Microsurface
Clean, Striping. Apply approximately 1/2"
Arterials, Collectors &
Streets where the extent &
$0.44
Micro -Surface paving material. Pavement
Residential Streets.
magnitude of cracks are moderate
Patching (Patch) and Crack Filling (CF)
to high. Moderate sub -grade
failures. May have been previously
slurried. Cost of an O/L cannot be
justified.

Abreviation Summary:

Clean Remove loose dirt, debris and vegetation growth.

FC Functional Classification- Arterial (Primary Highways apply weed control (usually in cracks)
& Secondary Higheways), Collectors & Residentials.

Repair Remove and Replace areas where pavement or
O/L Asphaltic Concrete Overlay (Thickness as shown in
sub -grade has failed.
chart above).

CF Crack filling of the street surface.
05/13/2024 City Council Agenda 483

Agenda Item No. 28

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin J. Matlock, Deputy Director of Community Development/City Planner/,,-- — FOR: City Council Meeting of May 13, 2024
SUBJECT: Consideration of Ordinance No. 447, amending Chapter 15 of Title 15 of the Municipal Code to modify regulations pertaining to Development Impact Fees RECOMMENDATION:

That the City Council conduct a public hearing and:

1. Approve the introduction and first reading of Ordinance No. 447, an Ordinance of the City Council of the City of Yucaipa, California, amending Chapter 15 of Title 15 of the Municipal Code to modify regulations pertaining to Development Impact Fees; and

2. Find that the Ordinance is exempt from Environmental Review pursuant to CEQA Guidelines Section 15061(b)(3).

BACKGROUND/DISCUSSION:

The City's current Development Impact Fee (DIF) program was initially adopted in 1993 in order to provide a stable source of funding for the infrastructure improvements that would be needed to support new development, and consequently, these fees were assessed to all properties that were determined to be vacant and undeveloped at that time. The program is intended to ensure that collected fees are appropriate to fully satisfy the total amount of infrastructure costs that will be incurred over the life of the program, and that the City will have the financial resources to implement the infrastructure projects listed within the DIF program. The fees that are collected also represent each development project's "fair share" cost to the City.

The City had updated its DIF process on March 13, 2023, to meet the new requirements of state law following the Governor's approval of Assembly Bill (AB) 602. AB 602 establishes "standards and practices" for adopting an impact fee nexus study before imposing a DIF. The various construction and infrastructure improvement projects listed in the DIF program identify the City's fee's use, and our comprehensive drainage master plan, Capital Improvement Program, and the General Plan help to demonstrate a reasonable relationship or nexus between the fee's use and the development project. AB 602 further reinforces that the DIF calculations shall demonstrate a reasonable relationship between the need for the infrastructure or facilities funded by the fee and the development project the fee is assessed on.
05/13/2024 City Council Agenda 484

However, the United States Supreme Court recently issued a decision on the case of Sheetz v.

County of El Dorado, California, which was regarding unreasonable development impact fees that were required by that County. Two longstanding Supreme Court rulings that have governed what communities can require as part of a Project approval are Nollan v. California Coastal Commission, and Dolan v. City of Tigard, which requires agency conditions to have an essential nexus to the impacts, and that there is also rough proportionality, respectively. If those are not met, then the decision represents a violation of the Constitution's Fifth Amendment's Takings Clause.

Initially, the trial court rejected Sheetz's claim, and the California Court of Appeal affirmed, relying on California Supreme Court precedent to conclude that the Nollan/Dolan test applies only to permit conditions imposed "on an individual and discretionary basis." The Court of Appeal reasoned that the Nollan/Dolan test does not apply to fees imposed on "a broad class of property owners through legislative action." In its decision regarding Sheetz, the Supreme Court unanimously found that "conditions on building permits are not exempt from scrutiny under Nollan and Dolan just because a legislative body imposed them, meaning that items like development impact fees must still meet the nexus and proportionality requirements to the impacts created.

The proposed Ordinance is intended to update the Municipal Code's provisions regarding the adjustment of fees to help clarify and ensure the City's compliance with the Supreme Court's decision. It should be noted that, as part of the DIF program update completed last year, the implementation and updated assessment for complying with AB 602 helps ensure that the fee structure meets the Nollan/Dolan requirements. The facts and circumstances related to the County of El Dorado DIF program are different than the City's program, and no changes to the structure of our DIF are required.

Environmental Review:

The adoption of Ordinance No. 447 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, as the modification pertains to additional clarity on the 2023 adjustment of the City's DIF program.

FISCAL IMPACT:

There is no direct fiscal impact associated with approval of this Development Code Amendment.

Attachments:

1. Ordinance No. 447
Approved by:°-
05/13/2024 City Council Agenda 485

ATTACHMENT 1
05/13/2024 City Council Agenda 486

ORDINANCE NO.447

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YUCAIPA, CALIFORNIA, AMENDING CHAPTER 15 OF TITLE 15 OF

THE MUNICIPAL CODE TO MODIFY REGULATIONS PERTAINING

TO DEVELOPMENT IMPACT FEES
WHEREAS, the City Council of the City of Yucaipa (the "City Council") has adopted Ordinance No. 50, which establishes a requirement for the payment of development impact fees by new development within the City of Yucaipa (the "City") to ensure that certain public facilities or capital improvements are constructed and made available concurrent with the need caused by new development; and
WHEREAS, Ordinance No. 50 provides that the City Council shall, by resolution, adopt a schedule setting forth the specific amount of development impact fees which will be levied upon new development in the City; describe the benefit and impact area on which the development impact fees are imposed; list the public improvements to be financed; describe the estimated cost of facilities which form the basis for the development impact fee; describe the reasonable relationship between the development impact fee and the various types of new development; and set forth the time for payment of the development impact fee; and WHEREAS, the Supreme Court of the United States provided a decision regarding the case Sheetz v. County of El Dorado on April 12, 2024, regarding the payment of development impact fees and that there is not an "legislative exception" to the Takings Clause that might apply to the imposition of such fees; and
WHEREAS, the City Council has made the necessary findings to adopt amendments to the Development Code as required by California law and has taken all other actions as required by California law to amend the Development Code; and,

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

Section 1. Section 15.08.100 (Fee adjustments) of Chapter 15.08 (Development Impact Fees) of Title 15 (Buildings and Construction) of the Municipal Code is amended entirely to read as follows:
"Section 15.08.100 ADJUSTMENT AND PROTEST OF FEES.
(A) A developer of any project subject to a fee established pursuant to this subchapter may apply to the Director of Public Works for a reduction, adjustment, or waiver or any one or more of the fees, or any portion thereof, based upon the absence of an "essential nexus" between the fees and the City's land -use interests or the absence of "rough proportionality" between the impacts of the project and the amount of the fee charged or the type of public infrastructure to be financed, or both. The application shall state in detail the factual basis for the claim of reduction, adjustment, or waiver, and shall include any and all written materials which the developer deems appropriate in support of the application.
05/13/2024 City Council Agenda 487

(B) The application shall be made in writing and filed with the Director at or before the time required for the filing of protests under Government Code Sections 66020 and 66021. For purposes of determining the applicable limitations period set forth in Government Code Section 66020, the date of the imposition of fees under this subchapter shall be the date of the earliest discretionary approval by the city of the subject development project. In the case of a development project where no discretionary approval is granted by the city, the date of the imposition of the fees under this subchapter shall be the date of the earliest ministerial approval by the city of the subject development project. The application shall be accompanied by the payment of a filing fee in an amount established by the City Council. The applicant shall be liable for the actual cost of the city in processing and ruling upon the application to the extent such cost exceeds the filing fee. Such excess amount may be deducted from any refund found due and owing to the applicant or may be added to the amount of development impact fees to be due or owing from the applicant, as the case may be.
(C) Notwithstanding the filing of an application and the pendency of any hearing or procedure under this section, the developer shall pay the development impact fees originally determined by the city in a timely manner. Such payment shall be deemed to be a payment under protest pursuant to Government Code Sections 66020 and 66021.
(D) An application for a reduction, adjustment, or waiver or any one or more of the fees, or any portion thereof, shall be reviewed by the Director of Public Works. The Director of Public Works shall approve a fee adjustment application only if he or she determines that there is the absence of an "essential nexus" between the fees and the City's land -use interests or the absence of "rough proportionality" between the impacts of the project and the amount of the fee charged or the type of public infrastructure to be financed, or both. No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a fee adjustment application. The decision of the Director of Public Works shall be final unless appealed in the manner and within the time limits established by subsection (F). (E) The protest procedures set forth in this section are administrative procedures which must be exhausted prior to the institution of any judicial proceeding concerning the fees protested. Any petition seeking judicial review of a decision by the City Council shall be made under Code of Civil Procedure Section 1094.5 and shall be filed by or before (1) 90 days following the date of which such decision is mailed to the applicant or (2) the expiration of the limitation period set forth in subsection (d) of Government Code Section 66020, whichever occurs later. (F) Any person aggrieved by determination of the Director of Public Works under this subchapter may appeal to the City Council as provided in Section 1.04.130 of this Code. (G) When a project application is filed, a developer of any project subject to a fee established pursuant to this chapter may apply to the Director of Public Works for a project -specific determination of such fees. As part of the application, the developer shall: (1) agree to be bound by the results of the project -specific determination, notwithstanding that such determination may result in an increase in some or all of the fees due under this chapter and (2) agree to pay the actual costs of such project -specific determination."
2 05/13/2024 City Council Agenda 488

Section 2. CEQA.

This Ordinance and the Code Amendments were analyzed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The adoption of the Ordinance is exempt from CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the Title 14 of the California Code of Regulations because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project.

Section 3. Severability.

If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance, or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

Section 4. Savings Clause.

Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City, or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.

Section 5. Effective Date.

This Ordinance shall take effect thirty (30) days after the date of its adoption by the City Council.

K
05/13/2024 City Council Agenda 489

Section 6. Publication and Posting.

The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa, and hereby designated for that purpose by said Council of the City of Yucaipa: "Ordinance No. 447." PASSED, APPROVED and ADOPTED on this day of , 2024.

ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
Justin Beaver, Mayor

APPROVED AS TO FORM
Steven Graham, City Attorney
4 05/13/2024 City Council Agenda 490

← All documents from this meeting