Agenda packet — Yucaipa City Council, May 13, 2024 (part 1 of 2)

CITY OF
Justin Beaver, Mayor
Chris Venable, Mayor Pro Tem
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
AGENDA
City Council
Successor Agency • Housing Authority
May 13, 2024
City Hall - City Council Chambers
34272 Yucaipa Blvd., Yucaipa, California
Chris Mann, City Manager
Steven Graham, City Attorney
Ana V. Sauseda, City Clerk
The City Council serves as the Board for the Yucaipa Successor Agency and Commission for the Yucaipa Housing Authority.

Public Comment will be called at the time and place noted on the Agenda below for the general public to address the City Council, Successor Agency and Housing Authority. Please complete a speaker's form and return it to the City Clerk prior to the beginning of the meeting. Public Comment will be conducted in accordance with the Rules of Procedure adopted pursuant to Resolution No. 2023-07. There is a three -minute time limit for speaking and time may not be ceded to another speaker.

Public Comment Via Mail or Email
Items must be submitted no later than three (3) business hours prior to the meeting at which the commenter seeks to provide comment. Public comment may be submitted via U.S. Mail to the City Clerk at 34272 Yucaipa Blvd., Yucaipa, CA 92399 or via email to publiccomment(d),yucaipa.gov. All mail and email correspondence will be archived, distributed to City Council, and retained as part of the public record; however, submissions will not be read out loud during the meeting. The subject line should specify "Public Comment" and include the date of the meeting.

Written public comment submitted on non -agenda items and on specific agenda items will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City's website at hgps://yucaipa.gov/agendas-minutes/. Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.
05/13/2024 City Council Agenda 1

Live stream/recording of City Council meetings:

Members of the public may watch city council meetings live at: baps://yucaipa.gov/live.

Possible Live Stream Disruptions:

While the City of Yucaipa strives for uninterrupted streaming, technical issues may occasionally occur. We ask for your understanding and patience should there be any disruptions during the live broadcast. We will work diligently to resolve any issues promptly, however, please be advised that the City Council meeting may continue in person while such issues are resolved. Every attempt will be made for the meeting to be recorded and made available for viewing after its conclusion.

OPEN SESSION — 6:00 PM

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CHANGES TO THE AGENDA

SPECIAL PRESENTATION
YAPS Dog of the Month

PUBLIC COMMENT

CONSENT AGENDA
The following Consent Agenda items are expected to be routine and non -controversial.

Council will act upon them, at one time, without discussion. Any Councilmember or staff member may request removal of an item from the Consent Agenda for discussion.

Members of the City Council also sit as the Board for the Successor Agency and Commission for the Housing Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.

1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF APRIL 22, 2024, THE SPECIAL CITY COUNCIL MEETING MINUTES OF APRIL 22, 2024.

RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of April 22, 2024, the Special City Council Meeting Minutes of April 22, 2024.
05/13/2024 City Council Agenda

2. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE 2022 SEPTEMBER STORM EVENT
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of the 2022 September Storm Event.

3. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO

TROPICAL STORM HILARY
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of Tropical Storm Hilary.

4. SUBJECT: NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 2024-10, calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities; and

2. Adopt Resolution No. 2024-11, requesting the Board of Supervisors of the County of San Bernardino to consolidate a General Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code; and

3. Adopt Resolution No. 2024-12, adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 5, 2024.

5. SUBJECT: RESOLUTION NO. 2024-20, TO SET A TIME AND PLACE TO

CONDUCT A PUBLIC HEARING TO ADOPT A REPORT OF DELINQUENT SOLID

WASTE CHARGES AND DIRECTING THE CITY CLERK TO FILE SAID REPORT

WITH THE COUNTY OF SAN BERNARDINO FOR INCLUSION OF SUCH

CHARGES ON THE PROPERTY TAX ROLLS AS A SPECIAL ASSESSMENT RECOMMENDATION: That the City Council adopt Resolution No. 2024-20, a Resolution of the City Council of the City of Yucaipa, California, to set a time and place to conduct a Public Hearing to adopt a report of delinquent solid waste charges and directing the City Clerk to file said report with the County of San Bernardino for inclusion of such charges on the property tax rolls as a special assessment. 05/13/2024 City Council Agenda

6. SUBJECT: RESOLUTION NO.2024-18 TO SET A TIME AND PLACE TO CONDUCT A PUBLIC HEARING FOR THE ANNEXATION OF TRACT MAP NO. 16268 INTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 (ZONE "MM") RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 2024-18 to set a time and place to conduct a Public Hearing and Assessment Ballot proceedings at 6:00 p.m. on July 22, 2024, in compliance with Proposition 218, and to approve the annexation of Tract Map No. 16268 into the City of Yucaipa Landscaping and Lighting Maintenance District No. 1 (Zone "MM"); and

2. Adopt the methodology for and enact the assessments therein.

7. SUBJECT: SUMMARY VACATION OF RIGHT-OF-WAY LOCATED AT THE NORTHEAST CORNER OF 3RD STREET AND COUNTY LINE ROAD
RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 2024-15, vacating a portion of unnecessary public right-of-way located at the Northeast corner of 3rd Street and County Line Road; and

2. Approve the related actions included in the resolution; and Authorize the City Manager, or his designee to execute the necessary documents to complete the right-of-way vacation process.

8. SUBJECT: SUMMARY VACATION OF RIGHT-OF-WAY LOCATED WITHIN APN 0321-101-22
RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 2024-14, approving and ordering the summary vacation of a portion of public right-of-way located within APN 0321-101-22; and

2. Authorize the City Manager, or his designee to execute the necessary documents to complete the right-of-way vacation process; and

3. Determine that the vacation of a portion of right-of-way is categorically exempt from the requirement of the California Environmental Quality Act (CEQA), pursuant Class 1, Section 15301(c); and

4. Determine the summary vacation does not require any additional environmental review pursuant to Section 15162(a) of the California Environmental Quality Act (CEQA) of 1970 and the CEQA Guidelines, as amended.
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9. SUBJECT: MONTHLY TREASURER'S REPORT MARCH 2O24
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for March 2024.

10. SUBJECT: LEVY AFFILIATED HOLDINGS, LLC. (CASE NO. 24-042/DBA): AN

AMENDED DENSITY BONUS AGREEMENT FOR THE DEVELOPMENT OF TWO (2) ASSOCIATED SENIOR HOUSING PROJECTS, WHICH TOTAL 62 TOTAL

UNITS ACROSS TWO SITES
RECOMMENDATION: That the City Council authorize the City Manager to execute the attached amended Density Bonus Agreement (DBA) for the associated Levy Senior Housing Project (Case No. 21-084 and 094) which will set forth the reporting requirements and covenants that are necessary to ensure that the target senior units remain consistent with the original density bonus request associated with the approved entitlements.

11. SUBJECT: ACCEPTANCE OF CONTRACT WORK — PAINTING OF VARIOUS CITY FACILITIES, PHASE II — PROJECT NO. 11196
RECOMMENDATION: That the City Council:

Accept the contract work completed by Innovation Painting Inc. in the amount $104,400 for the Painting of Various City Facilities Project, Phase II — Project No. 11196 (Project); and

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

12. SUBJECT: PERSONNEL POLICIES AND PROCEDURES MANUAL
RECOMMENDATION: That the City Council adopt the attached Personnel Policies and Procedures Manual ("Manual").

13. SUBJECT: CONTRACT AMENDMENT NO. 1 — ON -CALL CODE
ENFORCEMENT/PROPERTY ABATEMENT CONTRACT SERVICES FOR FY25 RECOMMENDATION: That the City Council:

1. Authorize the City Manager to execute Contract Amendment No. 1 with Servpro of Chino, California, increasing the amount of their contract by $30,000 for a revised not - to -exceed amount of $70,000 per year for On -Call Code Enforcement/Property Abatement Contract Services for FY25; and

2. Authorize the City Manager to execute Contract Amendment No. 1 with HCI Environmental and Engineering Services of Corona, California, increasing the amount of their contract by $50,000 for a revised not -to -exceed amount of $70,000 per year for On -Call Code Enforcement/Property Abatement Contract Services for FY25. 05/13/2024 City Council Agenda C

14. SUBJECT: AMENDMENT NO. 1 TO THE CONSERVATION SERVICES

AGREEMENT WITH THE INLAND EMPIRE RESOURCE CONSERVATION

DISTRICT
RECOMMENDATION: That the City Council approve and authorize the City Manager to execute contract Amendment No. 1 to the Conservation Services Agreement between the Inland Empire Resource Conservation District (IERCD) and the City of Yucaipa (City) in the amount of $76,061, for oversight of environmental resource conservation values on

6.19 acres of land at El Dorado Ranch Park as mitigation for the required environmental impacts associated with the construction of several Capital Improvement Program (CIP) Projects.

15. SUBJECT: YUCAIPA EQUESTRIAN ARENA OVERNIGHT CAMPING RECOMMENDATION: That the City Council waive the provisions of Yucaipa Municipal Code Section 12.06.030(A) and (D) regarding overnight camping at the Yucaipa Equestrian Arena (Arena) for the California State Horsemanship Association (CSHA).

16. SUBJECT: CONTRACT AMENDMENT NO. 1 - ON -CALL PROFESSIONAL

ENVIRONMENTAL REVIEW SERVICES FOR PRIVATE DEVELOPMENT

PROJECTS
RECOMMENDATION: That the City Council authorize the City Manager to execute Contract Amendment No. 1 with Ruth Villalobos & Associates, Inc., increasing their contract by $150,000 for a revised total of $225,000 for providing on -call Professional Environmental Review Services for Private Development Projects.

17. SUBJECT: FIRST EXTENSION AND AMENDMENT TO THE LEASE AGREEMENT

BETWEEN THE CITY OF YUCAIPA AND THE COUNTY OF SAN BERNARDINO

FOR POLICE FACILITY
RECOMMENDATION: That the City Council authorize the City Manager or his designee to administer the terms of the First Extension and Amendment to the Lease Agreement between the City of Yucaipa and County of San Bernardino for the premises located at 34114 Yucaipa Blvd, Yucaipa, CA 92399.
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DISCUSSION ITEMS

18. SUBJECT: ADOPTION OF URGENCY ORDINANCE NO.466-U ESTABLISHING A

TEMPORARY MORATORIUM FOR THE INSTALLATION OF MOBILE HOMES GREATER THAN TWENTY YEARS OLD IN THE CITY'S 42 EXISTING MOBILE

HOME PARKS
RECOMMENDATION: That the City Council adopt an Urgency Ordinance of the City Council of the City of Yucaipa, California, adopting an Interim Measure Imposing a Moratorium on the Installation, Modification, or Review and Approval of Applications for Mobile Home Set -Down Permits for Mobile Homes Over Twenty Years Old within all Mobilehome Parks Existing in the City.

19. SUBJECT: YOUTH ADVISORY COMMITTEE APPOINTMENTS
RECOMMENDATION: That the City Council:

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

2. Vote on the appointments of the nominated applicants.

20. SUBJECT: MOBILEHOME PARK COMMITTEE APPOINTMENT
RECOMMENDATION: That the City Council:

1. Review the attached Citizen Service Applications and nominate one applicant for the At - Large Membership to the Mobilehome Park Committee; and

2. Vote on the appointment of the nominated applicant.

21. SUBJECT: ADOPTION OF RESOLUTION SUPPORTING INITIATIVE NO. 23- 0017A1, KNOWN AS THE HOMELESSNESS, DRUG ADDICTION, AND THEFT

REDUCTION ACT
RECOMMENDATION: That the City Council adopt Resolution No. 2024-17, supporting Initiative No. 23-0017A1, known as the Homelessness, Drug Addiction, and Theft Reduction Act.

22. SUBJECT: RESOLUTION NO. 2024-16, ESTABLISHING THE 2024 LEGISLATIVE

PLATFORM
RECOMMENDATION: That the City Council adopt Resolution No. 2024-16, establishing the 2024 Legislative Platform.
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23. 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.

24. 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.

25. 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
RECOMMENDATION: 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.

26. SUBJECT: FY25 PROPOSED BUDGET SUMMARY
RECOMMENDATION: That the City Council:

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.

27. 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.
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PUBLIC HEARINGS
The order of Business for the Public Hearing Shall Be:

A. Open Public Hearing
B. Staff Presentation
C. Applicant/Representative Presentation (if necessary) D. Public Comments
E. Applicant Rebuttal (if necessary)
F. Public Hearing Closed
G. Council Discussion
H. Council Motion and Vote

SPEAKERS ARE ENCOURAGED TO BE BRIEF AND REMAIN WITHIN THE ESTABLISHED TIMEFRAME OF THREE (3) MINUTES. ONCE THE PUBLIC HEARING HAS BEEN CLOSED, NO FURTHER TESTIMONY WILL BE TAKEN.

28. 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:

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).

COUNCILMEMBER REPORTS

ADJOURNMENT
05/13/2024 City Council Agenda n

Notice Regarding Americans with Disability Act
The City of Yucaipa complies with the Americans with Disabilities Act of 1990. If you need special assistance to participate in this meeting, please call the City Clerk's Department at (909) 797-2489, during normal business hours, at least 48-hours prior to the meeting.

Notification 48 hours prior to the meeting will enable the city to make reasonable accommodations to ensure accessibility to this meeting.

CEQA STATEMENT:

Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA guidelines sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resource Code Section 21065.

Pursuant to Government Code Section 54957.5, any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Yucaipa to all or a majority of the City Council, less than 72 hours prior to that meeting, are available for public inspection at Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, CA 92399, during normal business hours.

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
(Levine Act — Government Code section 84308)
Pursuant to Government Code section 84308, members of the City Council and Planning Commission are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid contracts, labor contracts, or personal employment contracts with City employees), franchises, discretionary land use permits and other entitlements if the Councilmember or Planning Commissioner received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item since January 1, 2023. Any applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Councilmember or Planning Commissioner member since January 1, 2023, are required to disclose that fact for the official record of the subject agenda item and any such City Councilmember or Planning Commissioner shall not make, participate in making, or in any way attempt to use their official position to influence the subject agenda item. Disclosures must include the amount of the campaign contribution and identify the recipient City Councilmember or Planning Commissioner and may be made either in writing to the City Clerk prior to the subject hearing or by verbal disclosure at the time of the hearing.
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NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, if you would like to challenge the decision of the City Council on an item appearing on this Agenda, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this Agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

AFFIDAVIT OF POSTING
State of California }
County of San Bernardino } ss.

City of Yucaipa }
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby declare that the foregoing agenda was posted on 05/10/2024, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:

Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, California City of Yucaipa website www.yLicaipa.gov
Ana V. Sauseda, MMC
City Clerk
05/13/2024 City Council Agenda 11

Agenda Item No. 1

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of May 13, 2024
SUBJECT: Approve the City Council/Successor Agency/Housing Authority Minutes of April 22, 2024, the Special City Council Meeting Minutes of April 22, 2024.

RECOMMENDATION:

That the City Council approve the City Council/Successor Agency/Housing Authority minutes of April 22, 2024, the Special City Council Meeting Minutes of April 22, 2024.

Attachments:

1. Regular Meeting Minutes — 04/22/2024

2. Special Meeting Minutes — 04/22/2024
Approved By:
05/13/2024 City Council Agenda 12

ATTACHMENT 1
05/13/2024 City Council Agenda 13

City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of April 22, 2024
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
CLOSED SESSION — 5:00 PM

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

CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
ABSENT: Chris Venable, Mayor Pro Tern

PUBLIC COMMENT
There were no comments.

CLOSED SESSION — 5:00 PM
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Ana Sauseda v. George Sardeson, et al
San Bernardino Superior Court Case No. CIVSB2310343
B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Significant Exposure to Litigation (1 Case) — Pursuant to Section 54956.9(d)(2) The City Council entered Closed Session at 5:01 p.m.

City Council Minutes

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05/13/2024 City Council Agenda
14 OPEN SESSION — 6:00 PM

CALL TO ORDER
Mayor Beaver called to order the Regular Meeting of the City Council/Successor Agency/Housing Authority at 6:00 p.m.

CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
ABSENT: Chris Venable, Mayor Pro Tern
STAFF
PRESENT: Chris Mann, City Manager
Jennifer Crawford, Assistant City Manager
Steven Graham, City Attorney
Ana Sauseda, Director of General Services/City Clerk

PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Captain Walker.

CLOSED SESSION REPORT
City Attorney Steven Graham indicated that there was no reportable action.

CHANGES TO THE AGENDA
City Manager Chris Mann asked the Council to continue Item No. 14 to the next regularly scheduled City Council meeting due to Mayor Pro Tern Venable's excused absence.

ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1, (MAYOR PRO TEM VENABLE WAS ABSENT) TO CONTINUE ITEM NO. 14 TO THE MAY 13, 2024, REGULAR CITY COUNCIL MEETING.

PUBLIC SAFETY UPDATE
• Police — Captain Walker presented the statistics for March 2024. • Fire — Chief Malinowski presented the statistics for March 2024. • Code Enforcement — Ben Matlock, Deputy Director of Community Development/City Planner, presented the statistics for March 2024.

City Council Minutes Page 2 of 8
05/13/2024 City Council Agenda 15

PUBLIC COMMENT
Mayor Beaver asked the public to maintain decorum and civility during public comment.

The following members of the public spoke:
• Jo Sutt
• Kathy Sellers
• Hansen Wang
• Mary Ruhter
• Holly Warner

CONSENT AGENDA
Mayor Beaver asked if there were any Consent Agenda items to be removed for discussion. No items were removed for discussion.

1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF APRIL 8, 2024, THE SPECIAL CITY COUNCIL MEETING MINUTES OF APRIL 8, 2024, AND THE SPECIAL CITY COUNCIL MEETING MINUTES OF MARCH 27, 2024.

RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of April 8, 2024, the Special City Council Meeting Minutes of April 8, 2024, and the Special City Council Meeting Minutes of March 27, 2024.

2. SUBJECT: SECOND READING OF ORDINANCE NO.441
RECOMMENDATION: That the City Council approve the second reading of Ordinance No. 441, an Ordinance of the City Council of the City of Yucaipa, California, Adopting the Wine Country Specific Plan.

3. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE 2022 SEPTEMBER STORM EVENT
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of the 2022 September Storm Event.

4. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO

TROPICAL STORM HILARY
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of Tropical Storm Hilary.

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05/13/2024 City Council Agenda
16 5. SUBJECT: MONTHLY REPORT ON YUCAIPA APP USAGE AND RESPONSE — MARCH, 2024
RECOMMENDATION: That the City Council receive and file a report of the user activity on the Yucaipa App and staff response times for the month of March, 2024.

6. SUBJECT: EDIBLE FOOD RECOVERY PROGRAM ACTIVITIES
RECOMMENDATION: That the City Council authorize the City Manager to execute a Memorandum of Understanding (MOU) agreement with San Bernardino County Department of Public Health Environmental Health Services (EHS) for edible food recovery activities terminating on December 31, 2025.

7. SUBJECT: PURCHASE OF EQUIPMENT WITH CALRECYCLE GRANT FUNDS RECOMMENDATION: That the City Council:

1. Authorize an amendment to the FY24 Annual Budget to increase the expense and revenue budgets in the amount of $147,896 for the awarded grant funds from CalRecycle; and

2. Authorize the City Manager to execute a purchase contract with Inland Kubota Inc, for the acquisition of one (1) new Kubota M606OHDC Tractor w/Hydraulic Shuttle and Cab in the amount of $56,772 and one (1) new Kubota M606OHD Tractor w/Hydraulic Shuttle and ROPS in the amount of $45,838; and
Find that the public interest will not be best served by a formal proposal process, waive the formal solicitation of proposals/qualifications and execute a purchase contract with Traffic Management Products, Inc., for the purchase of two (2) SA2020-WVTM-B Wanco Mini Matrix Message Board with Hand -Operated Winch in the amount of $42,642.

8. SUBJECT: ADDITIONAL CLEARGOV, INC. PROCUREMENT
RECOMMENDATION: That the City Council:

1. Authorize the additional procurement with C1earGov, Inc. for C1earPlans; and

2. Approve the evergreen pricing agreements with C1earGov, Inc. for all C1earGov, Inc. products (Digital Budget Book, Capital Budgeting, Transparency, and C1earPlans) through the end of Fiscal Year 2029, and authorize City staff to execute additional related agreements; and

3. Dispense with competitive bid procedures as per Section 2.24.060.A of the City of Yucaipa Municipal Code.

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05/13/2024 City Council Agenda
17 9. SUBJECT: TROPICAL STORM HILARY STATUS AND BUDGET ADJUSTMENT REPORT
RECOMMENDATION: That the City Council approve a FY24 budget cost reduction of $1.1 million and a FY24 budget revenue increase of $2.9 million related to the emergency cleanup effort of Tropical Storm Hilary.

10. SUBJECT: RESOLUTION NO. 2024-08 APPROVING AN ORGANIZATIONAL

CONFLICT OF INTEREST POLICY APPLICABLE TO ANY FUTURE

PROGRESSIVE DESIGN -BUILD OR DESIGN -BUILD PROJECTS
RECOMMENDATION: That the City Council adopt Resolution No. 2024-08 approving an organizational Conflict of Interest Policy for Design -Build or Progressive Design -Build Projects.

11. SUBJECT: CONTRACT AMENDMENT — ON -CALL POTHOLE REPAIR AND

ASPHALT PAVEMENT REPAIR/REPLACEMENT SERVICES
RECOMMENDATION: That the City Council approve and authorize the City Manager to execute a Contract Amendment with B-81 Paving Inc. of Yucaipa increasing the amount of their contract by $30,000 for a revised total of $80,000 to provide On -Call Pothole Repair and Asphalt Pavement Repair/Replacement Services for the remainder of FY2023/2024.

ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1, (MAYOR PRO TEM VENABLE WAS ABSENT) TO APPROVE CONSENT AGENDA ITEMS NO. 1 AND 3 THROUGH 11.

ACTION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBER DUNCAN, CARRIED 3-1-1, (COUNCILMEMBER THORP VOTED NO AND

MAYOR PRO TEM VENABLE WAS ABSENT) TO APPROVE CONSENT
AGENDA ITEM NO.2.

DISCUSSION ITEMS

12. SUBJECT: CONSTRUCTION UPDATE - COUNTY LINE ROAD CORRIDOR

IMPROVEMENT PROJECT
RECOMMENDATION: That the City Council receive an update regarding the construction of the County Line Road Corridor Improvement Project.

DISCUSSION: Director of Development Services/City Engineer Preciado presented the Agenda Report.

After Council discussion, the following Motion was made:

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05/13/2024 City Council Agenda

ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-1, (MAYOR PRO TEM VENABLE WAS ABSENT) TO RECEIVE THE UPDATE FROM STAFF.

13. SUBJECT: MOBILEHOME PARK COMMITTEE APPOINTMENTS
RECOMMENDATION: That the City Council:

Review the attached Citizen Service Applications and nominate seven applicants for the At -Large Membership to the Mobilehome Park Committee; and

2. Vote on the appointment of the nominated applicants.

DISCUSSION: Assistant City Manager Crawford presented the Agenda Report.

The following members of the public spoke:
• Petice Huntington
• Jo Sutt
• Tony Slaick
• Richard Hess
• Julie Paule
After Council discussion, the following Motions were made:

ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-1, (MAYOR PRO TEM VENABLE

WAS ABSENT) TO APPOINT THE FOLLOWING FOUR PARK RESIDENT APPLICANTS TO THE COMMITTEE:

1. JO SUTT

2. KATHY SAVAGE

3. PETICE HUNTINGTON

4. TONY SLAICK
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER GARNER, FAILED 2-2-1, (COUNCILMEMBER DUNCAN

AND MAYOR BEAVER VOTED NO AND MAYOR PRO TEM VENABLE WAS ABSENT) TO APPOINT MITCHELL EMERSON AND JULIE PAULE.

ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-1, (MAYOR PRO TEM VENABLE WAS ABSENT) TO APPOINT THE FOLLOWING:

1. MITCHELL EMERSON — PARK OWNER REPRESENTATIVE

2. RICHARD HESS — PARK OWNER REPRESENTATIVE

3. JULIE PAULE - INDUSTRY ASSOCIATION REPRESENTATIVE
City Council Minutes

Page 6 of 8 ends

05/13/2024 City Council Agenda
19 PUBLIC HEARING

15. SUBJECT: USER FEE SCHEDULE UPDATE — LANDSCAPING FEES RECOMMENDATION: That the City Council conduct a Public Hearing and subsequently approve Resolution No. 2024-07, rescinding Resolution No. 2023-54, and adopting an update to the Comprehensive User Fee Schedule clarifying the landscape fees and other general city services and making related determinations pursuant to the California Environmental Quality Act.
• Public Hearing Opened
Mayor Beaver opened the Public Hearing for Item No. 15 at 7:07 p.m. • Staff Presentation
Director of Finance White presented the Agenda Report.
• Applicant Presentation
There was no applicant presentation.
• Public Comments
There were no comments.
• Applicant Rebuttal
There was no applicant rebuttal.
• Public Hearing Closed
Mayor Beaver closed the Public Hearing at 7:09 p.m.

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

COUNCILMEMBER REPORTS
Councilmember Duncan announced the upcoming Music and Arts Festival. Mayor Beaver asked the public to mitigate standing water puddles on their property to avoid mosquitos.

City Council Minutes

Page 7 of 8 ends

05/13/2024 City Council Agenda
20 ANNOUNCEMENTS
The next regularly scheduled meeting will be May 13, 2024 at 6:00 p.m.

ADJOURNMENT
The meeting adjourned at 7:11 p.m.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
City Council Minutes

Page 8 of 8 ends

05/13/2024 City Council Agenda
21 ATTACHMENT 2
05/13/2024 City Council Agenda 22

City of Yucaipa
City Council
Special Meeting of April 22, 2024
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
OPEN SESSION — 4:00 PM

CALL TO ORDER
Mayor Beaver called to order the Special Meeting of the City Council at 4:01 p.m.

PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by City Manager Chris Mann.

UPDATE/DISCUSSION
• Planning Department Operations
Deputy Director of Community Development / City Planner Matlock gave a presentation on the operations of the Planning Department.
05/13/2024 City Council Agenda 23

ADJOURNMENT
The meeting adjourned at 4:39 p.m.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
05/13/2024 City Council Agenda 24

Agenda Item No. Z

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Trevor Benson, Public Safety Manager
FOR: City Council Meeting of May 13, 2024
SUBJECT: Extending the Existence of a Local Emergency Due to the 2022 September Storm Event
RECOMMENDATION:

That the City Council extend the declaration of a local emergency as a result of the 2022 September Storm Event.
2022 SEPTEMBER STORM BACKGROUND/DISCUSSION:

On September 14, 2022, the Yucaipa City Manager proclaimed a local emergency due to the 2022 September Storm Event in Yucaipa and surrounding communities. The storm which was caused by remnants of Hurricane Kay produced conditions of extreme peril to the safety of persons and property within the City of Yucaipa, in the form of infrastructure damage, from extreme weather including intense rain, wind, flooding and debris flow.

On September 14, 2022, the County of San Bernardino declared a County -Wide, local emergency due to the storm.

At the September 20, 2022, Special City Council Meeting, Council adopted Resolution No. 2022- 54, ratifying the proclamation of the existence of a local emergency by the City Manager.

Post storm assessments were conducted in the burn areas and debris basins to identify on -site and downstream threats to public health or safety from landslides, debris flow, flooding, road hazards and other post -fire related concerns, as well as to determine measures to prevent or mitigate identified threats.

As a direct result of the September Storm Event, several areas within the City were impacted, requiring emergency work, such as El Dorado Park, Oak Glen Road and Pendleton Road. Staff is tracking costs for this required emergency response work necessary to address these areas. In addition to the emergency work performed to close, cleanup and reopen City facilities/roadways, additional emergency work was required to address approximately 18,000 cubic yards of mud, silt and debris that impacted areas within the Wilson III Basin/Channel area. In addition, the Oak Glen Creek Basin system sustained approximately 25,000 cubic yards of mud, silt, and debris, that, in conjunction with San Bernardino County Flood Control District was removed. 05/13/2024 City Council Agenda 25

Subsequently, in August the City experienced another significant storm event, Tropical Storm Hilary creating rainfall totaling as much as 4.5 inches in parts of the community, once again testing the systems constructed over the past twenty years and maintained between and during these storm events.

Pursuant to Yucaipa Municipal Code Section 8.36.160, the City Council shall review, at least every fourteen (14) days, unless waived by the City Council to meet State requirements, until such local emergency is terminated, the need for continuing the local emergency.

The City Council approved to cancel the May 27, 2024 City Council meeting. Staff is hereby requesting the City Council waive the fourteen (14) day requirement for review and extend this Local Emergency until City Council can review it at the next regular Council meeting on June 10, 2024.

Such declaration facilitates the City's response to combat perilous conditions by providing limited immunity for emergency actions of public employees and governing bodies, authorizing the issuance of orders and regulations to protect life and property, and activating pre -established local emergency provisions.

FISCAL IMPACT:

None with this item.

Approved by: _lam
05/13/2024 City Council Agenda 26

Agenda Item No. 3

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROI /I: Trevor Benson, Public Safety Manager t
FOR: City Council Meeting of May 13, 2024
SUBJECT: Extending the Existence of a Local Emergency Due to Tropical Storm Hilary
RECOMMENDATION:

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

TROPICAL STORM BACKGROUND/DISCUSSION:

On Sunday, August 20, 2023, the Yucaipa City Manager Chris Mann proclaimed a local emergency due to Tropical Storm Hilary in Yucaipa and surrounding communities. The storm which was caused by remnants of Tropical Storm Hilary produced conditions of extreme peril to the safety of persons and property within the City of Yucaipa, in the form of infrastructure damage, from extreme weather including intense rain, wind, flooding and debris flow.

On August 20, 2023, the County of San Bernardino also declared a County -Wide, local emergency due to the storm and on August 19, 2023, the State of California pre-emptively proclaimed a state of emergency in several counties including County of San Bernardino.

At the August 24, 2023, Special City Council meeting, Council adopted Resolution No. 2023-43, ratifying the proclamation of the existence of a local emergency by the City Manager.

As a direct result of the tropical storm, several areas within the City were impacted, requiring emergency work, for Oak Glen Road, Casa Blanca and Pendleton Road. Staff is tracking costs for the required emergency response work necessary to address these areas. In addition to the emergency work performed to close, cleanup and reopen City facilities/roadways, additional emergency work was required to address approximately 100,000 cubic yards of mud, silt and debris that impacted areas within the Wilson III Basin/Channel area. In addition, the Oak Glen 05/13/2024 City Council Agenda 27

Creek Basin system sustained approximately 50,000 cubic yards of mud, silt, and debris, that, in conjunction with San Bernardino County Flood Control District was removed.

FISCAL IMPACT:

None with this item.

Approved by:��--
05/13/2024 City Council Agenda 28

Agenda Item No. 4

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of May 13, 2024
SUBJECT: November 5, 2024 General Municipal Election
RECOMMENDATION:

That the City Council:

2. Adopt Resolution No. 2024-11, Requesting the Board of Supervisors of the County of San Bernardino to Consolidate a General Municipal Election to be Held on November 5, 2024, with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code; and

DISCUSSION:

The City of Yucaipa will hold its General Municipal Election on November 5, 2024, for the purpose of electing the following:
• District 3 Councilmember for the full term of four (4) years (presently held by Councilmember Duncan)
• District 4 Councilmember for the full term of four (4) years (presently held by Mayor Beaver) • District 5 Councilmember for the full term of four (4) years (presently held by Councilmember Thorp)
Anyone wishing to run for office will be able to pull nomination papers from the City Clerk starting on Monday, July 15, 2024. Completed nomination papers will have to be filed by Friday, August 05/13/2024 City Council Agenda 29

9, 2024, at 12:00 p.m., unless an incumbent fails to file, in which case the deadline will be extended to August 14, 2024.

The attached resolutions will call the election with the County of San Bernardino and set regulations for filing candidate statements. The City will publish the notice of election along with the filing deadlines as required by law.

FISCAL IMPACT:

The Fiscal Year 2024/25 draft budget will include an allocation of $15,000 for the November 2024 General Election. The San Bernardino County Registrar of Voters has not yet provided the City with an estimated cost for services. Once the election is complete, the ROV will reconcile the difference between the actual cost and the estimated cost and will provide a final invoice at that time.

Attachments:

1. Resolution No. 2024-10

2. Resolution No. 2024-11

3. Resolution No. 2024-12
Approved by:---—-'�—�
05/13/2024 City Council Agenda 30

ATTACHMENT 1
05/13/2024 City Council Agenda 31

RESOLUTION NO.2024-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,

CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024,

FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA

RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 2024, for the election of Municipal Officers pursuant to Government Code Section 36503.5.

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

Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Yucaipa, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing one (1) Member of the City Council for District 3; one (1) Member of the City Council for District 4; and one (1) Member of the City Council for District 5, each for the full term of four (4) years.

Section 2. The ballots to be used at the election shall be in the form and content as required by law.

Section 3. The City Clerk is authorized, instructed and directed to coordinate with the San Bernardino County Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

Section 4. The polls (vote centers) for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed pursuant to Election Code § 10242, except as provided in § § 14212,14401 of the Elections Code of the State of California.

Section 5. That in all the particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
05/13/2024 City Council Agenda 32

Section 7. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

Section 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

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 33

ATTACHMENT 2
05/13/2024 City Council Agenda 34

RESOLUTION NO. 2024-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH

THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE
PURSUANT TO § 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Yucaipa called a Municipal Election to be held on November 5, 2024, for the purpose of the election of three Members of the City Council; and
WHEREAS, it is desirable that the General municipal election be consolidated with the Statewide General election to be held on the same date and that within the City, the precincts, polling places (vote centers) and election officers of the two elections be the same and that the county election department of the County of San Bernardino canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

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

Section 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on November 5, 2024, for the purpose of electing one (1) Member of the City Council for District 3; one (1) Member of the City Council for District 4; and one (1) Member of the City Council for District 5, each for the full term of four (4) years.

Section 2. The San Bernardino County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of the law regulating the statewide election.

Section 3. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

Section 4. The City of Yucaipa recognizes that additional costs will be incurred by the County of San Bernardino by reason of this consolidation and agrees to reimburse the County for any costs.

Section 5. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the San Bernardino County Registrar of Voters. 05/13/2024 City Council Agenda 35

Section 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

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 36

ATTACHMENT 3
05/13/2024 City Council Agenda 37

RESOLUTION NO.2024-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,

CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024
WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement.

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

Section 1. GENERAL PROVISIONS
That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for, at an Election to be held in the City of Yucaipa, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include parry affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

Section 2. FOREIGN LANGUAGE POLICY
A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of San Bernardino. The County is required to translate candidate statements into the following language: Spanish.

B. The County will mail separate sample ballots and candidates statements in Spanish to only those voters who are on the county voter file as having requested a sample ballot in that particular language. The County will make the sample ballots and candidate statements in the required language available at all polling places, on the County's website, and in the Election Official's Office.
05/13/2024 City Council Agenda 38

Section 3. PAYMENT
A. The Candidate shall be required to pay for all costs related to the printing of the Candidate Statement.

B. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. The estimate is an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidate's filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expenses or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of receiving the final billing.

Section 4. MISCELLANEOUS
A. All translations shall be provided by professionally certified translators.

B. The City Clerk shall allow underlining, capitalization, indentation, bullets, and leading hyphens.

C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to election.

Section 5. No candidate will be permitted to include additional materials in the sample ballot package.

Section 6. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nomination petitions are issued.

Section 7. That all previous Resolutions establishing council policy on payment for candidate statements are repealed.

Section 8. That this resolution shall apply at the next ensuing municipal election and at each municipal election after that time.
1\1
05/13/2024 City Council Agenda 39

Section 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

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 40

Agenda Item No. rJ

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of May 13, 2024
SUBJECT: Resolution No. 2024-20, to Set a Time and Place to Conduct a Public Hearing to Adopt a Report of Delinquent Solid Waste Charges and Directing the City Clerk to File Said Report with the County of San Bernardino for Inclusion of Such Charges on the Property Tax Rolls as a Special Assessment
RECOMMENDATION:

That the City Council adopt Resolution No. 2024-20, a resolution of the City Council of the City of Yucaipa, California, to set a time and place to conduct a public hearing to adopt a report of delinquent solid waste charges and directing the City Clerk to file said report with the County of San Bernardino for inclusion of such charges on the property tax rolls as a special assessment.

BACKGROUND/DISCUSSION:

In 1993, the City of Yucaipa entered into an agreement with Yucaipa Disposal, Inc., a California corporation for the collection, transportation, recycling, composting, and disposal of solid waste in the City of Yucaipa. Due to the need for the City to be in compliance with AB 939, mandatory trash collection was implemented citywide. Therefore, it was necessary to develop appropriate methods whereby delinquent accounts are brought into compliance.

On June 27, 1994, the City Council adopted Resolution No. 94-18, providing for the collection of solid waste delinquent accounts through liens on real property. On March 27, 1995, the City Council adopted Ordinance No. 139, amending Ordinance No. 119, governing the Solid Waste Franchise Agreement, adding a section for the creation of liens as a source for collection. The annual lien process includes the notification of impacted property owners as well as the conducting of a public hearing. The Public Hearing for the consideration of the delinquent accounts is scheduled to be held on June 24, 2024.

Yucaipa Disposal has indicated that the current proposed lien list represents all delinquent cases where the property owner has been made aware of the mandatory service or was the person subscribing for the service. In addition to the regular billing process, each property owner and service subscriber appearing on the proposed lien list will receive a letter describing the status of 05/13/2024 City Council Agenda 41

their account and notice of the public hearing date. It is anticipated that the preliminary 2023-2024 delinquent list will include approximately 102 accounts (37 commercial / 65 residential & multi- family). However, it is likely that the number of accounts on the list will be reduced as property owners satisfy the delinquencies prior to the final lien listing.

At the City Council meeting of June 24, 2024, staff will present the final lien list for certification.

Any property owner who has not made appropriate arrangements for payment with Yucaipa Disposal will be included on this list. However, to provide every opportunity for the property owner to satisfy the delinquency, the deadline for making any such arrangements directly with Yucaipa Disposal will be 5:00 p.m. on or before August 19, 2024. This will accommodate those cases that may not be resolved in the property owner's favor at the final protest hearing.

FISCAL IMPACT:

The direct costs associated with collecting delinquent accounts through the lien provision are borne by Yucaipa Disposal. In addition, the City will receive the amount of $6 per delinquent account recovered by the lien process. This revenue will offset the administrative expenses incurred by the City for processing the delinquent payments. There is no further fiscal impact.

Attachments:

1. Resolution No. 2024-20
Approved by:
05/13/2024 City Council Agenda 42

ATTACHMENT 1
05/13/2024 City Council Agenda 43

RESOLUTION NO.2024-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,

CALIFORNIA, TO SET A TIME AND PLACE TO CONDUCT A PUBLIC

HEARING TO ADOPT A REPORT OF DELINQUENT SOLID WASTE

CHARGES AND DIRECTING THE CITY CLERK TO FILE SAID

REPORT WITH THE COUNTY OF SAN BERNARDINO FOR INCLUSION

OF SUCH CHARGES ON THE PROPERTY TAX ROLLS AS A SPECIAL

ASSESSMENT
WHEREAS, Resolution No. 94-18 provides for collection of solid waste delinquent accounts through liens on real property, and further by annually forwarding amounts remaining unpaid to the County of San Bernardino for addition to the property tax rolls as a special assessment; and
WHEREAS, the City Council will hold a public hearing on the certified solid waste delinquent lien list on June 24, 2024, whereby any and all persons having objections to the assessment may appear and show cause why said assessment should not be levied.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:

Section 1. The Assessment shall be collected at the time and in the same manner as County taxes are collected.

Section 2. A report shall be filed with City Council which shall annually conduct a hearing at which each delinquent party shall have an opportunity to protest and explain why their delinquency should not appear on the list to be certified.

Section 3. The hearing for fiscal year 2023-2024 assessments will be held on the 241h day of June, 2024, at the hour of 6:00 p.m., in the City Council Chambers at 34272 Yucaipa Boulevard, in the City of Yucaipa, and any and all persons having any objections to the assessment may appear and show cause why said assessment should not be levied.

Section 4. The notice shall be published at least ten days prior to the date of the hearing.

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

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
City Clerk
05/13/2024 City Council Agenda 44

Agenda Item No. 6

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Enginee`5 Kevin Garcia, Assistant Engineer 0
FOR: City Council Meeting of May 13, 2024
SUBJECT: Resolution No. 2024-18 to Set a Time and Place to Conduct a Public Hearing for the Annexation of Tract Map No. 16268 into Landscaping and Lighting Maintenance District No. 1 (Zone "MM")
RECOMMENDATION:

That the City Council:

Adopt Resolution No. 2024-18 to set a time and place to conduct a Public Hearing and Assessment Ballot proceedings at 6:00 p.m. on July 22, 2024, in compliance with Proposition 218, and to approve the annexation of Tract Map No. 16268 into the City of Yucaipa Landscaping and Lighting Maintenance District No. 1 (Zone "MM"); and

2. Adopt the methodology for and enact the assessments therein.

BACKGROUND/DISCUSSION:

On September 9, 1991, the City Council voted to form a Landscaping and Lighting Maintenance District (LLMD). Numerous projects under development in the City contain public areas that will require on -going maintenance if they are to continue to provide special benefits for the homeowners within the residential subdivisions. Staff believes that the best way to ensure that these areas receive the appropriate maintenance is to place individual projects within the City's LLMD.

It is anticipated that this tract will be levied during the 2024/2025 fiscal year.

The methodology establishing the LLMD has been amended to allow the annual levy to occur during the warranty period or for the first fiscal year of annexation. This will allow the accrual of a capital reserve fund for the purposes of funding the costs of vandalism, inclement weather (such as a hard freeze or severe erosion), damage done by vehicular traffic, and the coverage of delinquent property taxes.
05/13/2024 City Council Agenda 45

It is important to note that these maintenance districts will only apply to the properties within the boundaries of a particular subdivision and that no other property owners will be assessed for any of the maintenance costs.

Tract Map No. 16268 was originally approved by the Planning Commission in July of 2004. In 2018, a revision to the map was subsequently approved by the Planning Commission to incorporate new State and City Development Code requirements. This subdivision project was conditioned to annex to Landscaping and Lighting Maintenance District No. 1 (Zone "MM") as part of the approval process and contains twenty-two (22) single-family residential lots on 15.48 acres located on the southwest corner of Wildwood Canyon Road and Holmes Street. The developer wishes to have the energy charges and maintenance costs for four (4) streetlights, the maintenance of drainage devices, landscape lighting, multi -use trail, and the maintenance costs of 55,150 square feet of landscape area, including an entry monument sign placed into the LLMD. The total estimated annual costs of these items are included in the attached excerpt from the Engineer's Report for this subdivision.

In accordance with the provisions of Proposition 218, (the right to vote Act), passed by voters in the November 1996 election, it is necessary to vote on the annexation and levy of assessment by mail -in ballot by the owners of the subdivision being annexed into the LLMD. A notice of the hearing and a ballot will be mailed to each property owner.

The City must conduct a public hearing upon the proposed assessment not less than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the City Council considers all protests against the proposed assessment and tabulates the ballots. The City shall not impose an assessment if there is a majority protest. A majority protest exists if, upon conclusion of the hearing, ballots submitted in opposition to the assessment exceed ballots submitted in favor of the assessment weighted on financial obligation.

The annual increase of assessments includes an escalator clause to adjust the operation and maintenance based on the change in the Consumer Price Index for the Riverside -San Bernardino - Ontario, Metropolitan Area for All Urban Consumers and recovers the actual costs for electricity or other utility services.

FISCAL IMPACT:

Maintenance costs are paid by the affected property owners of this subdivision through the levy process. There is no impact on the City's General Fund.

Attachments:

1. Resolution No. 2024-18

2. Excerpt from Engineer's Report

3. Tract Map No. 16268 Proposed LLMD Area Map

4. Location Map
Approved by:
05/13/2024 City Council Agenda 46

ATTACHMENT 1
05/13/2024 City Council Agenda 47

RESOLUTION NO.2024-18

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA

INITIATING PROCEEDINGS FOR THE ANNEXATION OF PROPERTY
TO MAINTENANCE DISTRICT NO. 1 (ZONE "MM") AND THE LEVY

OF AN ASSESSMENT ON SUCH PROPERTY, APPROVING THE

ENGINEER'S REPORT AND FIXING TIME AND PLACE OF A PUBLIC

HEARING ON THE ANNEXATION OF SUCH PROPERTY TO SAID

DISTRICT AND THE LEVY OF SUCH ASSESSMENT
WHEREAS, the City of Yucaipa (the "City") has received a written request from the owner of the property comprising of Tract Map No. 16268 in the City requesting that such property (the "Property") be annexed to City of Yucaipa Landscaping and Lighting Maintenance District No. 1 (Zone "MM") thereof for the maintenance, servicing and operation of public landscaping, energy charges and maintenance, servicing and operation of street lights and appurtenant facilities; and
WHEREAS, the City Council has received Engineer's Report prepared by the developer's engineer as required by the City of Yucaipa with regard to the annexation of the Property to the District and levy of a proposed assessment thereon for the 2024-2025 fiscal year (the "Report"), which contains all matters required by Section 22567 of the California Streets and Highways Code and Section 4 of Article XIIID of the California Constitution; and WHEREAS, the City Council has determined that the Property should be annexed to the District that the Engineer's Report should be approved and that the City Council should fix the time and place for a public hearing at which the City Council will receive testimony regarding the proposed assessment, of the annexation of the Property to the District and the levy of the proposed assessment thereon.

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

Section 1. The Engineer's Report is approved. The City Council declares its intention to order the annexation of the Property to the District and to levy an assessment on the Property for the 2024-2025 fiscal year in an amount which shall not exceed the amount set forth in the Report.

Section 2. The improvements which are to be provided within the District and for the benefit of the Property are generally described as the installation and planting of landscaping including, but not limited to, irrigation systems and electrical facilities, and energy charges and maintenance of street lights, all of which shall be maintained as provided in the Act.

Section 3. The Property to be annexed to the District is all of the property which is comprised of Tract Map No. 16268 in the City as shown on the map thereof which is on file in the office of the City Engineer.
05/13/2024 City Council Agenda 48

Section 4. Reference is made to the Engineer's Report, a copy of which is on file with the City Clerk for a full and detailed description of the improvements, the Property which is to be annexed to the District and the proposed assessments upon the assessable lots and parcels of land into which the Property will be subdivided upon the recording of the final subdivision map or maps of Tract Map No. 16268.

Section 5. A public hearing on the question of the annexation of the Property to the District and the levy of the proposed assessment on the Property shall be conducted by the City Council at 6:00 p.m. on July 22, 2024, in the City Council Chambers at 34272 Yucaipa Boulevard in the City of Yucaipa, California. Pursuant to Section 4 of Article XIIID of the California Constitution and Section 53753 and Section 54954.6 of the California Government Code, the City Clerk shall mail a written notice of the time and place of such public meeting and the time and place of such public hearing to the record owner of each parcel of the Property and a ballot whereby each such owner may indicate his or her name, reasonable identification of his or her parcel and support or opposition for the proposed annexation of the Property to the District and the proposed assessments thereon. Such notice and ballot shall in all respects conform to the requirements of subdivision (c) and (d) of Section 4 of Article XIIID of the California Constitution and Section 53753 of the California Government Code.

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 49

ATTACHMENT 2
05/13/2024 City Council Agenda CO

ESTIMATE OF COST
The 1972 Act provides that the total cost of installation construction, maintenance and servicing of the public landscaping, park facilities and street lighting can be recovered by the District in proportion to the special benefit that they provide to the parcels. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the formation and maintenance of the District can also be included.

Improvements which are to be included in the District have not yet been completed and are being constructed by the developer of the property who will be responsible for the maintenance of all improvements until accepted by the City of Yucaipa. It is anticipated that the improvements will be completed and accepted by the City by July 2025. In 1998, the City Council amended the original methodology for the Maintenance District. The amendment allows the annual charge to be levied on the tax roll during the fiscal year the annexation takes place, and not after the warranty period ends.

This amendment commenced with Zone G98. The reasons are as follows: It allows the buildup of a capital reserve fund for the purposes of covering the costs of vandalism, inclement weather), damage done by vehicular traffic, and the coverage of delinquent property taxes.

The assessment for the District after construction is complete will be based on the qualifying improvements that are to be maintained by the City. An estimate of the yearly maintenance cost for Fiscal Year 2024-2025 is:

ESTIMATE OF YEARLY MAINTENANCE COST
Street Light Maintenance 4 Ea. @ $165.00
Drainage devices (basin overflow channel — 1200 SF @
Drainage devices (rip rap pads — 1850 SF @ 0.25/SF)
Drainage devices (catch basins — 2 EA @ $200)
Drainage devices (RCP drainpipe — 322 LF@ $0.50/LF)
Landscape lighting @ entry
Multiuse DG trail maintenance 800 SF @ 0.25/SF
Landscape Maintenance (55,150 SF @ $0.25/SF)
Subtotal
Administration @ 5% _ $15,725.50 @ 5%
Subtotal
10%Capital Improvement Reserve Fund
Total Annual
Per EDU (22 new residences)
025/SF)
$ 660.00
300.00
462.50
400.00
161.00
500.00
200.00
13,787.50
16,471.00
823.55
$ 17,294.55
1,729.46
$ 19,024.01
$ 864.73
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District.

Funds raised by assessment shall be used only for the purpose as stated herein.

A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance remaining on July 1 must be carried over to the next fiscal year. 05/13/2024 City Council Agenda 51

ATTACHMENT 3
05/13/2024 City Council Agenda 52

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05/13/2024 City Council Agenda 53

ATTACHMENT 4
05/13/2024 City Council Agenda 54

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05/13/2024 City Council Agenda
55 Agenda Item No. 7

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Kevin Garcia, Assistant Engineer k$
Ryan C. Miller, Housing and Economic Development Analyst FOR: City Council Meeting of May 13, 2024
SUBJECT: Summary Vacation of Right -of -Way located at the Northeast corner of 3`d Street and County Line Road.

RECOMMENDATION:

That the City Council:

1. Adopt Resolution No. 2024-15, vacating a portion of unnecessary public right-of-way located at the Northeast corner of 3`d Street and County Line Road; and

2. Approve the related actions included in the resolution; and

3. Authorize the City Manager, or his designee to execute the necessary documents to complete the right-of-way vacation process.

BACKGROUND/DISCUSSION:

On December 12, 2019, the City Council approved the environmental review document for the County Line Road Corridor Project from Calimesa Boulevard to Bryant Street (Project). The owner of the property at the corner of 3`d Street and County Line Road attended the meeting and spoke during public comment, indicating that his property is identified as a "full take" for the Project, and subsequently provided the City with a voluntary offer to sell the property to the City to facilitate the Project.

On February 10, 2020, the City Council authorized staff to negotiate with the property owner and return to City Council with a Purchase and Sale Agreement.

On March 9, 2020, the City Council approved a Purchase and Sale Agreement to acquire the entire property to complete the Project. The City Council also directed staff to return to City Council with a recommendation regarding the disposition of the remainder property once the right-of-way needs are determined, which may include selling the property and returning the proceeds of the property sale to the Project fund.
05/13/2024 City Council Agenda 56

In March of 2021, the engineering and construction plans were completed for the Project and a legal description was prepared to identify the right-of-way required to construct the Project. With the City listed as the new owner of the property and upon recordation of the dedication of the property, the County of San Bernardino Assessor's Office recorded the entire parcel as public right-of-way. As the entire property is not required for the Project, staff is recommending the City vacate the area identified in Resolution No. 2024-15 so that it can become a legal separate parcel.

FISCAL IMPACT:

There is no fiscal impact associated with the proposed City Council action. Staff will return to Council with a recommendation on the disposition of the remainder property, which may include selling the property and returning the proceeds of the property sale to the Project fund.

Attachments:

1. Resolution No. 2024-15
Approved by
05/13/2024 City Council Agenda 57

ATTACHMENT 1
05/13/2024 City Council Agenda 58

RESOLUTION NO.2024-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,

CALIFORNIA APPROVING AND ORDERING THE SUMMARY

VACATION OF RIGHT-OF-WAY, AND DETERMINED THAT THE

VACATION OF A PORTION OF THE RIGHT OF WAY IS

CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City Council of the City of Yucaipa hereby declares its intention to order the vacation of the right-of-way located at APN 0319120000, as described in Exhibit "A" and depicted in Exhibit `B" attached hereto and incorporated herein by reference, ("Property"); and WHEREAS, in vacating the Property, the City Council of the City of Yucaipa elects to proceed under and in accordance with the provisions of the "Streets and Highways Code of the State of California" pursuant to Section 8330 ("Summary Vacation"); and WHEREAS, the Property is superseded by relocation due to it being rededicated and physically relocated to a new alignment, does not cut off access to any other properties along the remainder of the existing Property, does not prevent or terminate the use of any utility facilities, is not required for public road purposes, and therefore is not necessary for present or prospective public use; and
WHEREAS, based on the above recitals, the property is excess public road right-of-way that has been superseded by the relocation and may be vacated pursuant to Streets and Highway Code Section 8330; and
WHEREAS, the proposed vacation serves a public purpose by eliminating and clearing the public records of unnecessary public road right-of-way; and WHEREAS, nothing in this Resolution shall in any way affect or disturb any existing easements for public utility purposes belonging either to the City of Yucaipa or to any public utility.

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

Section 1. The City Council hereby finds from all the evidence presented that the Property in the City of Yucaipa and depicted in Exhibits "A" and `B" is unnecessary for present or prospective road purposes, is not being used for the dedicated purpose it was intended for, has not been used for the purpose for which it was dedicated for five years immediately preceding this vacation action, and is, therefore, hereby ordered vacated; and
1 05/13/2024 City Council Agenda 59

Section 2. This public right-of-way summary vacation is hereby ordered by the City Council pursuant to the authority set forth under Division 9, Part 3, Chapter 4 of the California Streets and Highways Code; and
Section 3. This public right of way summary vacation does not change the area land use designation and is, therefore hereby found and determined to be in conformity with the City of Yucaipa General Plan Land Use Element and Transportation Element (Streets and Highways Code Section 8313(a).); and
Section 4. It is hereby determined that vacation of a portion of the right-of-way is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class 1, Section 15301(c); and was contemplated in the Mitigated Negative Declaration adopted for Case No. 21-026, and therefore does not require any additional environmental review pursuant to Section 15162(a); and Section 5. The public service easement identified herein is not useful for roadway purposes and it does not involve the abandonment of public right-of-way. (Streets and Highways Code Sections 8314 and 892.); and
Section 6. There are no in -place public utility facilities that are in use or that would be affected by the vacation of the public service easement as this easement does not provide for public utility facilities. (Streets and Highways Code Section 8334.5.); and Section 7. Pursuant to Section 8330 City Clerk is hereby directed Pursuant to Section 8330 of said Streets and Highways Code, the City Clerk is hereby directed to transmit this Resolution to the County of San Bernardino County Recorder; and Section 8. The City Manager or his designee is hereby authorized to take such actions as they deem necessary or proper to effectuate the purposes of this Resolution and all actions previously taken are hereby ratified; and
Section 9. From and after the date this Resolution is recorded, the public service easement identified herein shall constitute a public service easement, the vacation shall be complete, and the public service easement is established.

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

ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
2 Justin Beaver, Mayor
05/13/2024 City Council Agenda 60

EXHIBIT "A"

DESCRIPTION OF PROPERTY
Exhibit "A"
Sheet 1 of 1
EXHIBIT "A"

GRANT DEED
That portion of Block 188, of Subdivision No.8 of a part of Yucaipa Valley, in the City of Yucaipa, County of San Bernardino, State of California, as per Plat recorded in Book 19 of Maps, Pages 43 and 44, Records of said County described as follows:

Commencing at the centerline intersection of County Line Road and Third Street (formerly Second Avenue), as shown on said plat; thence North 00'00'00" West, 129.00 feet along the centerline of said Third Street; thence North 90' 00'00" East, 35.00 feet along a line that is parallel with the north line of said Block, to the Point of Beginning; thence North 90'00'00" East, 144.76 feet along said parallel line; thence South 00'00'00" West, 89.33 feet to the northerly right-of-way line (30.00 feet half width) of said County Line Road; thence South 86056'00" West, 93.48 feet along said right-of-way line to the to the beginning of a non -tangent curve concave northeasterly and having a radius of 163.00 feet, a radial line to said curve bears South 0997'57"West; thence northwesterly along said curve, through a central of 10043' 18" a distance of 30.50 feet to the beginning of a compound curve concave northeasterly and having a radius of 18.00 feet; thence northwesterly along said curve, through a central of 52039'41" a distance of 16.54 feet to the beginning of compound curve concave northerly and having radius of 243.00 feet; thence northwesterly along said curve, through a central angle of 17'57'39" a distance of 76.17 feet to the Point of Beginning.

The land described herein contains approximately 0.29 acres (12,720 square feet).

See Exhibit "B" for a plat depicting the above described property.

This real property has been described by me, or under my direction, in conformance with the Professional Land Surveyor's Act.

Professional -Land Surveyor
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Date
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05/13/2024 City Council Agenda 61

EXHIBIT "B"
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4 05/13/2024 City Council Agenda 62

Agenda Item No. 8

CITY OF YUCAIPA

AGENDA REPORT
To: Honorable Mayor and City Council Members
From: Fermin Preciado, Director of Development Services/City Engineer�r Landon Kern, Assistant City Engineer
Katrina Kunkel, Associate Engineer
Subject: Summary Vacation of Right -of -Way located within APN 0321-101-22 RECOMMENDATION:

That the City Council:
1) Adopt Resolution No. 2024-14 approving and ordering the summary vacation of a portion of public right-of-way located within APN 0321-101-22; and 2) Authorize the City Manager, or his designee to execute the necessary documents to complete the right-of-way vacation process; and
3) Determine that the vacation of a portion of right-of-way is categorically exempt from the requirement of the California Environmental Quality Act (CEQA), pursuant Class 1, Section 15301(c); and
4) Determine the summary vacation does not require any additional environmental review pursuant to Section 15162(a) of the California Environmental Quality Act (CEQA) of 1970 and the CEQA Guidelines, as amended.

BACKROUND/DISCUSSION:

In the last quarter of 2023, the Yucaipa Valley Water District (District) reached out to City staff to request that the City vacate a portion of undeveloped and unused right-of-way along James Birch Road, which bisects the District owned property where a water storage tank exists, identified as APN 0321-101-22. James Birch Road is a portion of the original public road dedication included in the Yucaipa area subdivision map recorded in 1915.

Staff reviewed the request and determined that the portion of James Birch Road is not required for public street purposes and has determined it appropriate to vacate the portion of James Birch Road.

The additional acquisition of property and construction of Oak Glen Road by the County of San Bernardino in the 1940's made this unnecessary.
05/13/2024 City Council Agenda 63

The additional acquisition of property and construction of Oak Glen Road by the County of San Bernardino in the 1940's made this unnecessary.

The proposed Resolution is consistent with the provisions of the "Streets and Highways Code of the State of California" pursuant to Section 8330. The portion of James Birch Road is excess public right-of-way due to the re -alignment of Oak Glen Road east of Casa Blanca Avenue, and therefore may be vacated pursuant to Streets and Highway Code Section 8330. The proposed vacation serves a public purpose by eliminating and clearing the public records of unused and unnecessary public right-of-way.

Additionally, it is determined that the vacation of a portion of the right-of-way is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class 1, Section 15301(c). Nothing in this Resolution shall in any way affect or disturb any existing easements for public utility purposes belonging either to the City of Yucaipa or to any public utility.

FISCAL IMPACT:

There is no additional fiscal impact as a result of the proposed recommendations.

Attachments:

1. Location Map

2. Resolution No. 2024-14

3. Legal Description and Site Plan for area to be vacated Approved--
05/13/2024 City Council Agenda 64

ATTACHMENT 1
05/13/2024 City Council Agenda 65

05/13/2024 City Council Agenda 66

ATTACHMENT 2
05/13/2024 City Council Agenda 67

RESOLUTION NO.2024-14

RESOLUTION OF THE CITY OF YUCAIPA ORDERING THE

SUMMARY VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY,

AND DETERMINED THAT THE VACATION OF A PORTION OF THE

RIGHT-OF-WAY IS CATEGORICALLY EXEMPT FROM THE

REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
WHEREAS, The City Council of the City of Yucaipa hereby declares its intention to order the vacation of the right-of-way located within APN 0321-101-22 ("Property"), as described in Exhibit "A" and depicted in Exhibit `B" attached hereto and incorporated herein by reference, ("James Birch Road"); and
WHEREAS, in vacating the portion of James Birch Road, the City Council of the City of Yucaipa elects to proceed under and in accordance with the provisions of the "Streets and Highways Code of the State of California" pursuant to Section 8330; and WHEREAS, the portion of James Birch Road is superseded by relocation due to re- alignment of Oak Glen Road and does not cut off access to any other properties adjacent to the Property, does not prevent or terminate the use of any utility facilities, is not required for public road purposes, and therefore is not necessary for present or prospective public use; and WHEREAS, the proposed vacation serves a public purpose by eliminating and clearing the public records of unnecessary public road right-of-way; and WHEREAS, nothing in this Resolution shall in any way affect or disturb any existing easements for public utility purposes belonging either to the City of Yucaipa or to any public utility.

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

Section 1. The above recitals are true and correct and are a substantive part of this Resolution; and
Section 2. It is hereby determined that the vacation of a portion of the -right -of way is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class 1, Section 15301(c); and therefore does not require any additional environmental review pursuant to Section 15162(a); and
Section 3. Pursuant to Section 8330 of said Streets and Highways Code, the City Clerk is hereby directed to transmit this Resolution to the County of San Bernardino County Recorder; and
05/13/2024 City Council Agenda 6 Q
1 O

Section 4. The City Manager or his designee is hereby authorized to take such actions as they deem necessary or proper to effectuate the purposes of this Resolution and all actions previously taken are hereby ratified.

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 2 69

ATTACHMENT 3
05/13/2024 City Council Agenda 70

1VM11111*'—

KRIEGER & STEWART
Engineering Consultants
EXHIBTI' "A"

PORTION OF
APN: 0321-101-22

LEGAL, DESCRIPTION

JAMES BIRCH ROAD VACATION
That portion of James Birch Road (40 feet in width) lying withing that certain parcel of land conveyed to Yucaipa Valley Water District by deed recorded December 12, 2011 as Document Number 2011-0527670, Official Records of San Bernardino County, California, in the City of Yucaipa, County of San Bernardino, State of California within Section 29, Township 1 South, Range 1 West, San Bernardino Meridian.

See Exhibit "B" attached hereto and by this reference made a part hereof.

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or under my direction:

Eric R. Bunke, P.L.S. 8974
Date: 03/01 /2024
Expiration Date: 09/30/2024

Page 1 of 1 ends

05/13/2024 City Council Agenda 71

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KRIEGER & STEWART
3602 University Avenue • Riverside, CA 92501
www.kriegerandstewart.com • 951 - 684 • 6900
APN 0321-194-35
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YUCAIPA VALLEY WATER DISTRICT EXHIBIT

JAMES BIRCH ROAD VACATION
PORTION OF APN 0321-101-22
DRAWN BY:M21 CHECKED BY:ERB W.O.: 818-23.50 I SHT 1 OF 1 05/13/2024 City Council Agenda 72

Agenda Item No. 9

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: e"'�hris Mann, City Manager/Treasurer
ivPhil White, Director of Finance
FOR: City Council Meeting of May 13, 2024
SUBJECT: Monthly Treasurer's Report March 2024
RECOMMENDATION:

That the City Council receive and file the Monthly Treasurer's Report for March 2024.

BACKGROUND:

To comply with the requirements of California Government Code Section 53607 and the recommendation of California Government Code Section 53646, a treasurer's report is submitted to Council monthly.

DISCUSSION:

It is the responsibility of the Finance staff to develop the Monthly Treasurer's Report in a timely manner for review by the City Manager/Treasurer, and ultimately the City Council. It is the function of the Treasurer to deposit and invest funds in accordance with the Investment Policy of the City of Yucaipa to achieve the stated objectives of safety and preservation of capital, liquidity, and return on investment. The purpose of the Monthly Treasurer's Report is to provide the City Council with a snapshot of the City's cash and investment portfolio.

The balances included in the Treasurer's Report represent the month -end market value of the City's investment portfolio. The portfolio is one component of assets. The City's net position or fund balance (equity) is comprised of all assets less liabilities. As such, the amounts are related but will differ due to accruals and methods of accounting. The City utilizes the Monthly Treasurer's Report as one tool to monitor fiscal performance.

While the City does not have outstanding debt related to bond issuances, the City acts in a fiduciary capacity for the Successor Agency to the former Redevelopment Agency and the Chapman Heights Community Facilities District, both of which maintain outstanding bonds. The City pools cash and investments of all funds, except for assets related to the bond issuances of the Successor 05/13/2024 City Council Agenda 73

Agency and Community Facilities District which are required to be held in separate accounts with fiscal agents in accordance with the bond indentures.

As required by the Investment Policy, the attached Treasurer's Report includes a certification that (1) All investment actions executed since the last report have been made in full compliance with the Investment Policy; and (2) the City will meet its expenditure obligations for the next six months.

FISCAL IMPACT:

There is no fiscal impact.

Attachments:

1. Treasurer's Portfolio Historical Balances

2. Treasurer's Report — March 2024

3. Treasurer Managed Portfolio Summary — March 2024

4. LAIF Quarterly Interest Statement — March 2024

5. Wells Fargo Operating Account — March 2024

6. Investments with Fiscal Agent Summary
05/13/2024 City Council Agenda 74

ATTACHMENT 1
05/13/2024 City Council Agenda 75

Treasury Balances
$80,000,000.00
$70,000,000.00
i
$60,000,000.00
$50,000,000.00
$40,000,000.00
S30,000,000.00
$20,000,000.00
$10,000,000.00
4r
July
August
September
October
November
December
January
February
March
April
May
June
�FY23/24 $61,413,518.92
$59,182,268.44
$57,025,711.22
$51,054,925.30
$53,369,537.77
$58,561,840.87
561,526,031.81
$56,293,880.64
$56,828,167.31
ae-rFY22123 $56,693,466.33
$54,041,290.47
$50,837,982.74
$51,507,228.39
$54,199,200.99
561,051,640.05
$64,433,186.11
$62,152,232.00
$55,635,711.66
$62,177,595.79
$70,080,867.17
$63,750,570.98
�FY21/22 $53,961,855.83
$50,392,274.39
$48,580,108.12
$48,415,306.15
$49,682,593.06
$55,529,795.96
$59,178,706.71
$55,262,177.66
$54,428,07559
$61,179,29L46
$59,785,932.01
$58,758,249.77
. FY20/211 $35,493,808.69
1 $32,621,727.88
1 $30,805,769.95
1 $30,339,435.62
1 $34,08 ,028.21
W,716,535.04
$50,627,245.32
$49,877,812.09
$46,138,828.66
$53,549,485.87
$56,426,234.85
$58,288,163.32
)41,1L/,Ly3.Vj I j3%I6U,bIL.]U I W,40,5bb./U I zij4 b3,U41.t)b I W,4b],/Ub.]/ IJ41,]3L,lUi.lb I y44,33/,lb4.3b I )39,311,9LU.// IJSbtSl9,4]L3] I J4 WL,]J4.4/ ( b43,!lby]IS.b! J3iS,]43,]/4.41

ATTACHMENT 2
05/13/2024 City Council Agenda 77

City of Yucaipa
Treasurer's Report - March 31, 2024
Attachment 2
February 2024
March 2024
Institution/Investment Type
Balance
Balance
Funds Under Control of the City:

U.S. Bank Investment Account - Managed by Treasurer
Cash and Equivalents
$
2,768,135.28
$
2,477,405.44
U.S. Government Issues
$
31,771,037.56
$
32,179,460.07
Corporate Issues
$
3,550,110.13
$
3,534,010.81
Foreign Issues
$
238,527.10
$
239,382.15
Municipal Issues
$
186,184.00
$
186,623.00
$
38,513,994.07
$
38,616,881.47
Local Agency Investment Fund (LAIF)
$
13,261,595.09
$
13,261,595.09
City Checking Account (Wells Fargo)
$
3,309,666.96
$
4,082,088.29
Petty Cash / Change Drawers
$
2,750.00
$
2,750.00
Total Funds Under Control of the City
$
55,088,006.12
$
55,963,314.85
Funds with Fiscal Agents:

Bank of New York Mellon
CFD 98-1- Invesco Govt Agency Private 1903
$
472,069.51
$
289,630.86
U.S. Bank
RDA 1998 TAB - Blackrock Instl Funds
$
5,683.57
$

59.39 RDA 1998 TAB - LAIF
$
46,411.75
$
46,411.75
RDA 2004 TAB - Blackrock Instl Funds
$
302,889.37
$
159,266.26
RDA 2010 TAB - Blackrock Instl Funds
$
378,820.32
$
369,484.20
Total Funds with Fiscal Agents
$
1,205,874.52
$
864,852.46
Grand Total
$
56,293,880.64
$
56,828,167.31

1. All investment actions executed since the last report have been made in full compliance with the Investment Policy; and
Treasurer: —=--'-
Sign / Date
05/13/2024 City Council Agenda 78

ATTACHMENT 3
05/13/2024 City Council Agenda 79

00241701
22- -01-B -82-095-01
0101-11-04304-01
bank.

CITY OF YUCAIPA - TREASURER MANAGED Page 5 of 44
ACCOUNT Period from March 1, 2024 to March 31, 2024
ASSET SUNI M�ARY
03/31/2024
% OF
ASSETS

MARKET VALUE
MARKET
Cash And Equivalents
2,477,405.44

6.37 U.S. Government Issues
32,179,460.07

82.84 Corporate Issues
3,534,010.81

9.10 Foreign Issues
239,382.15

0.62 Municipal Issues
186,623.00

0.48 Total Assets
38,616,881.47

99.41 Accrued Income
229,113.67

0.59 Grand Total
38,845,995.14
100.00
BONDS
EQUIV & ACCR 6.96
05/13/2024 City Council Agenda 80

ATTACHMENT 4
05/13/2024 City Council Agenda 81

4/2/24, 12:49 PM
LAIF Regular Monthly Statement
California State Treasurer
Fiona Ma, CPA
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916)653-3001

CITY OF YUCAIPA

TREASURER
34272 YUCAIPA BLVD.

YUCAIPA, CA 92399
Account Number:

March 2024 Statement
Account Summary
Total Deposit:

Total Withdrawal:

April 02, 2024
LAIF Home
PMIA Average Monthly Yields
Tran Type Definitions

0.00 Beginning Balance

0.00 Ending Balance:
13,261,595.09
13,261,595.09
https://Ia] TMS.ireasurrer.ca ,� Oegu�ar� Yement.aspx 82 1/1

ATTACHMENT 5
05/13/2024 City Council Agenda 83

Analyzed Business Checking - PF
Account number: 7100844500 ■ March 1, 2024 - March 31, 2024 ■ Page 1 of 6

CITY OF YUCAIPA

GENERAL OPERATING ACCOUNT
34272 YUCAIPA BLVD
YUCAIPA CA 92399-2434
Account summary
Analyzed Business Checking - PF
Questions?
Call your Customer Service Officer or Client Services
1-800-AT WELLS (1-800-289-3557)
5:00 AM TO 6:00 PM Pacific Time Monday - Friday
Online: wellsforgo.com
Write: Wells Fargo Bank, N.A. (114)
P.O. Box 6995
Portland, OR 97228-6995
Accountnumber Beginning balance Total credits Total debits Ending balance $3,309,666.96 $3,102,479.22-$2,330,057.89 $4,082,088.29 Credits
Deposits
Effective Posted
date date
Amount
Transaction detail
03/07
450.00
Deposit
03/07
990.00
Deposit
03/12
1,560.00
Deposit
03/15
100.00
Deposit
03/18

10.00 Deposit
03/19
100.00
Deposit
03/19
100.00
Deposit
03/21

10.00 Deposit
03/26
1,160.00
Deposit
03/29
260.00
Deposit
$4,740.00 Total deposits
Electronic deposits/bank credits
Effective Posted
date date
Amount
Transaction detail
03/01
349.75
Stripe Transfer St-J5SOFOx6A2K2 City of Yucaipa
03/01
9,419.75
03/01 Deposit Capture Bank Card
03/01
17,580.46
County of San Be Achpayment City of Yucaipa
03/04

10.44 Cash Only Customer Deposit
03/04

11.20 Cash Only Customer Deposit
03/04
6,720.54
03/04 Deposit Capture Bank Card
03/04
16,636.63
Desktop Check Deposit
03/04
19,012.06
ZBA Funding Account Transfer
03/05
100.00
Desktop Check Deposit
03/05
325.00
Turbo Data EFT CC Pmts Yucaipa City of Yucaipa
Q010 Wells Fargo Bank, N.A.

Sheet Seq=0M3/2024 City Council Agenda
� Q
Sheet 00001 of 00006 l7

ATTACHMENT 6
05/13/2024 City Council Agenda 85

City of Yucaipa
Investment with Fiscal Agent Summary
FY 2024
3/31/2024
Bank of New York Mellon CFD 98-1
324812 Special Acct
$
4,794.28
324813 Interest Acct
$
96,201.90
703129 COI Acct
$
12,068.98
703130 Special Tax Acct
880553 COI Acct
$
22,862.02
880554 Reserve Acct
$
14,617.18
880555 Admin Exp Acct
$
139,086.52
Total
$
289,630.88
U.S. Bank
RDA 1998 TAB
6711616700 Project Acct - Blackrock Instl Funds
$

0.24 6711616701 Interest Acct - Blackrock Instl Funds
$

15.57 6711616702 Principal Acct - Blackrock Instl Funds $

30.88 6711616703 Sinking Acct - Blackrock Instl Funds
$

12.49 6711616704 Reserve Acct - Blackrock Instl Funds
$

0.21 6711616704 Reserve Acct - LAIF
$
46,411.96
Total
$
46,471.35
RDA 2004 TAB
6711740700 Project Acct - Blackrock Instl Funds
$

0.12 6711740701 Interest Acct - Blackrock Instl Funds
$
14,501.59
6711740702 Principal Acct - Blackrock Instl Funds
$
201.28
6711740703 Reserve Acct - Blackrock Instl Funds
$
144,563.27
Total $
159,266.26
RDA 2010 TAB
6711740705 Reserve Acct - Blackrock Instl Funds
$ 369,484.20
05/13/2024 City Council Agenda 86

Agenda Item No. 10

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin Matlock, Deputy Director of Community Development/City Planne�/�'� Christian Farmer, Assistant Planner��
FOR: City Council Meeting of May 13, 2024
SUBJECT: Levy Affiliated Holdings, LLC. (Case No. 24-042/DBA): An amended Density Bonus Agreement for the development of two (2) associated senior housing projects, which total 62 total units across two sites.

RECOMMENDATION:

That the City Council authorize the City Manager to execute the attached amended Density Bonus Agreement (DBA) for the associated Levy Senior Housing Project (Case No. 21-084 and 094) which will set forth the reporting requirements and covenants that are necessary to ensure that the target senior units remain consistent with the original density bonus request associated with the approved entitlements.

BACKGROUND/DISCUSSION:

Division 3, Chapter 1, Article 7 of the City's Development Code contains provisions for processing density bonus projects, which are designed to provide incentives for the production of housing for very low-income, low-income, moderate -income, and senior households in accordance with State Law, by allowing additional units to offset the costs of providing affordable housing. Pursuant to the City's Development Code, a 100% increase in density is permitted for senior housing projects; however, before the Project is constructed, a formal Density Bonus Agreement (DBA) is required to be approved by the City Council.

At the regular Planning Commission Meeting of March 2, 2022, the Planning Commission approved Case No. 21-084 and Case No. 21-094. This included a Conditional Use Permit with Architectural Review and Density Bonus Agreement to permit the Senior Housing Projects, as well as Land Use Compliance Reviews for the entry monument signs with a Minor Variance for encroachments into the building setback. As noted in the staff reports and Conditions of Approval for the approved entitlements, the applicant is required to record and execute DBAs for Case No. 21-084/CUP/DBA & Case No. 21-094/CUP/DBA concurrently. Density Bonus Agreements for the project were previously recorded; however, the applicant has proposed an amendment following concerns from their lender about the language that was included in the previous documents. The contents of the amended DBAs remain substantively the same, but provide updated language to resolve the lender's concern and has been reviewed by the City Attorney. 05/13/2024 City Council Agenda 87

The DBAs include provisions to ensure that the Project qualifies as a Senior Housing Project consistent with state law, that the site -specific developments comply with age restrictions, and that they additionally both provide the appropriate multi -family site amenities and individual unit amenities pursuant to Section 88.0215 and Section 88.0210 of the City's Development Code across the two (2) affiliated sites. It should be noted that this process is a procedural action to meet the previously approved project's conditions of approval now prior to the issuance of building permits for construction.

Attachments:

1. Amended Density Bonus Agreement (DBA) 21-084

2. Amended Density Bonus Agreement (DBA) 21-094
Approved
05/13/2024 City Council Agenda 88

ATTACHMENT 1
05/13/2024 City Council Agenda 89

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Yucaipa
34272 Yucaipa Blvd.

Yucaipa, CA 92399
Attn: City Clerk
With a copy to:

Shaoul Levy
201 Wilshire Boulevard, 2nd Floor
Santa Monica, CA 9040
APNs: 0319-121-24

SPACE ABOVE THIS LINE FOR RECORDER'S
USE
Exempt from Recording Fees Pursuant to Government Code Section 27383

DENSITY BONUS AGREEMENT
(SENIOR HOUSING; RENTAL PROJECT)
THIS DENSITY BONUS AGREEMENT ("Agreement") is dated as of May 13, 2024, and is entered into by and between E Street Yucaipa QOZB LLC, a California limited liability company (the "Developer"), and the CITY OF YUCAIPA, a California municipal corporation (the "City").

RECITALS
A. California Government Code Section 65915(b)(1)(C) provides that a city shall give a density bonus as described in Government Code Section 65915(f), upon application by a developer if the developer agrees to construct a senior citizen housing development, as defined in Section 51.3 of the California Civil Code, and that all cities shall adopt an ordinance that specifies how Section 65915 will be implemented.

B. The City has implemented California Government Code Section 65915(b)(1) and (f) by enacting Yucaipa Development Code Sections 83.010705 et sea. (in Division 3, Chapter 1, Article 7 of the Development Code), which, subject to certain limitations, contemplates a density bonus to encourage development of senior housing.

C. Developer has requested City to consider the approval of a density bonus agreement which will grant such a density bonus for Developer's development of the real property in the City described on Exhibit "A" ("Site").

D. The Developer proposes to construct a sixty-two (62) unit rental Senior Citizen Housing Development across two (2) project sites approved as Case No. 21-084/CUP/DBA for a Conditional Use Permit and Density Bonus Agreement for the development of a thirty (30) unit age -restricted project for individuals who are 55 years or older located at APN: 0319-121-24 and Case No. 21-094/CUP/DBA for a Conditional Use Permit and Density Bonus Agreement for the development of a thirty-two (32) unit, age - restricted housing project for individuals who are 55 years or older located at APN: 0319-012-40 (collectively, the "Project").
05/13/2024 City Council Agenda "0
-1- 7

AGREEMENT
NOW, THEREFORE, the parties hereto agree as follows:

Definitions. In this Agreement, the following terms shall have the following meaning:
a. "City" is the City of Yucaipa, California.
b. "Project" is the development described in Recital D above.

C. "Qualified Occupant" shall mean households consisting of a person who is fifty- five (55) years of age or older and any qualified permanent residents under the applicable provisions of California Civil Code Section 51.3 and the federal Fair Housing Act (except to the extent the Project utilizes federal funds whose programs have more stringent definitions for senior projects, in which case those definitions will apply).

2. Binding Effect of Agreement. The Developer hereby subjects the Site and development thereon to the covenants, reservations and restrictions as set forth in this Agreement in perpetuity. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall encumber and "run with" the Site and be binding upon the Developer's successors and assigns and successor to any interest in the Project.

Each and every contract, deed or other instrument hereinafter executed, covering or conveying the development or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

3. Restrictions on Units, Qualified Occupant. Sixty-two (62) of the units in the Project (each, a "Senior Unit", and, collectively, the "Senior Units") shall be rented to and occupied by households which include at least one Qualified Occupant.

4. Term. The term of this Agreement shall continue until the later of (i) the date that is 55 years after the first rental of a unit to a Qualified Occupant; or (ii) the date on which construction commences, in accordance with applicable law and permits, on a project that is not a senior rental housing project after the demolition or destruction of the Project.

5. No Conversion. During the term hereof, all residential units in the Project shall remain rental units. During the term hereof, no apartment unit in the Project shall be eligible for conversion from rental units to condominiums, townhomes or any other common interest subdivision without consent of the City Council.

6. On -site Manager. [INTENTIONALLY OMITTED]

7. Submission of Materials and Annual Review. Prior to occupancy of a Senior Unit, Developer shall submit to City its occupant selection procedures which shall detail the methods which Developer shall use to advertise the availability of Senior Units in the Project and screening mechanisms which Developer intends to use to limit the occupancy of the Senior Units to Qualified Occupants.

On or before [October 24] of each year following the first leasing of any Senior Unit, the Developer, or its representative, shall file a certificate of continuing program compliance with the City. Each such report shall contain such information as City may require including, but not limited to, the following:
05/13/2024 City Council Agenda 91
-2-

a. A project occupancy profile;
b. A description of the physical condition and maintenance procedures for the Project, including apartment units, landscaping, walkways and recreational areas.

C. The number of persons per unit;
d. Qualified Occupant name and address (unit);
e. Initial occupancy date;
f. Copies of all documents used by Developer to certify the occupant household as a Qualified Occupant.
g. Copies of the leases (rent may be redacted).

City shall be allowed to conduct physical inspections of the Project as it shall deem necessary, provided that said inspections do not unreasonably interfere with the normal operations of the Project and reasonable notice is provided. City shall repair any damage and shall defend, indemnify and hold Developer harmless from and against any claims, liabilities, damages, costs, or expenses incurred by Developer and caused by City's inspections and investigations.

Development Incentive(s). Pursuant to Government Code Section 65915(b)(1) and (f) and Yucaipa Municipal Code Section 83.010715(b)(4), the City grants Developer the following incentives for development of the Project: A 100% Density Bonus to allow a Project that provides 14.69 du/ac subject to the following:
a. Operation of the 30-unit age -restricted housing project (Case No. 21- 084/CUP/DBA) site located at APN: 0319-121-24, shall be contingent on occupancy and operation of the affiliated 32-unit age -restricted housing project (Case No. 21-094/CUP/DBA) site located at APN: 0319- 012-40;
b. Project entitlements for Case Nos. 21-084/CUP/DBA shall expire on March 15, 2025, but may qualify for a maximum of one (1) extension of time for a period not to exceed three (3) years; C. By March 15, 2028, should the Project entitled in Case No. 21-084 be out of compliance with State Law requirements for a Senior Citizen Housing Development, the development of the portion of the Project entitled in Case No. 21-084, in its then existing condition, shall be discontinued, operation of the sites shall cease, and a new entitlement application shall be submitted for a rental Senior Citizen Housing Development consistent with Density Bonus Procedures.

9. Project Design Amenities for Senior Citizens. The Project open space, buildings and individual units shall be designed with physical amenities catering to the needs and desires of the senior citizen residents. The following physical amenities shall be included in the Project:
a. Senior Unit sizes shall be a minimum of 900 square feet and provide two (2) bedrooms;
05/13/2024 City Council Agenda 92
-3- 7

b. All common access areas in the Project such as entryways, walkways, and hallways shall be wide enough to accommodate wheelchairs; C. The Project shall meet all applicable current requirements for access and design imposed by law as administered by the City building and safety department, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps;
d. The Project shall be designed and constructed to encourage social contact by providing sidewalks to connect the units to the proposed landscaped amenities. Common open space area will also be provided by a recreation area with a barbeque island and shade structures. e. The Project provides a Major Variance to permit a 43 percent reduction in the required parking, resulting in 34 spaces in lieu of 60 spaces, and a Minor Variance for the reduction of the rear yard setback along the southern property line to permit a setback of 14 feet in lieu of 15 feet. f. The portion of the Project entitled in Case No. 21-084 shall be completed and available for occupancy (i.e., a certificate of occupancy shall have been issued) by March 15, 2025 (subject to delays beyond the control of Developer). However, the City Manager may extend such deadline, provided the extensions(s) are in writing.

Indemnification. Developer shall defend, indemnify and hold City and its elected officials, officers, agents and employees harmless from claims, liabilities, losses, damages and costs and expenses arising from or relating to: (i) personal injuries, including death, and property damage which may arise from the activities of Developer or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the Project; and (ii) any fair housing claims. Notwithstanding the foregoing, this provision shall not apply to any such claims which arise out of, or by reason of, the sole negligence or sole willful misconduct of the City.

10. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions:
a. If a warranty, representation or statement made or furnished by Developer to City and is inaccurate in any material respect when it was made; b. A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in Section 14 below.

11. Enforcement. In the event of a default under the provisions of this Agreement by the owner of one of the two sites identified in Recital D above is not corrected within thirty (30) days after such notice is given, then City may, without further notice, declare a default as to that site alone under this Agreement and City may then enforce against that site alone as any normal violation of the standards and provisions of the Yucaipa Development Code, or Yucaipa Municipal Code, applicable to this Agreement. A default against one of the two sites shall have no effect on the rights and obligations under this Agreement of the owner of the other site not in default. However, notwithstanding the foregoing, City may at any time apply to any court, state or federal, for injunctive relief against any violation by the owner of the site in default of any provision of this Agreement. All other remedies at law or equity which are not otherwise provided for in this Agreement are available to the parties in the event that there is a breach of this Agreement. 05/13/2024 City Council Agenda 93
-4-

12. Developer Representation Re: Priority. Developer represents and warrants that this Agreement, when recorded, is senior and prior to all deeds of trust and other liens, except for liens for property taxes and assessments not yet due.

13. No Waiver of Remedies. City does not waive any claim of defect in performance by Developer if upon periodic review City does not enforce or terminate this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

14. Rights of Lenders. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, subordinate to this Agreement, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to, deeds of trust, shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to:
a. Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer itself; b. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien;
C. Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and
d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed.

None of b., c. or d. shall, however, affect the continuing validity of this Agreement.

15. Notice to Lender. If Developer shall have provided City in writing with the name of the Lender and a copy of its recorded deed of trust showing its address for notices, then City shall give written notice of any default or breach under this Agreement by Developer to such Lender and if the default can be cured by the payment of money, City shall give Lender the opportunity after service of the notice to cure the breach or default within sixty (60) days after delivery of said notice.

16. Notices. Any notice required to be given by the terms of this Agreement by either party to the other shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto in a notice given pursuant to this Section.

Developer: Shaoul Levy Cam: City of Yucaipa
201 Wilshire Boulevard, 2°d Floor 34272 Yucaipa Blvd.

Santa Monica, CA 90401 Yucaipa, CA 92399
Attn: Benjamin Matlock

17. Attorneys' Fees. In any proceedings arising from the enforcement of this Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs 05/13/2024 City Council Agenda 94
-5-

and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court.

18. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California.

19. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.

20. Recordation. This Agreement shall be recorded in the Official Records of the County Recorder of the County of San Bernardino prior to the issuance of any building permit(s) for the Project.

21. Time of Essence. Time is of the essence of every provision hereof in which time is a factor.

IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth herein.

DEVELOPER:

E Street Yucaipa QOZB LLC,
a California limited liability company
:

Name: Shaoul Levy
Title: Manager
CITY:

CITY OF YUCAIPA,
a municipal corporation
LON
Chris Mann, City Manager
ATTEST:
, Ana V. Sauseda, MMC
Director of General Services/City Clerk
APPROVED AS TO FORM:
go
Steven Pacifico, City Attorney
05/13/2024 City Council Agenda -6- 95

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

COUNTY OF )
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(Seal)
05/13/2024 City Council Agenda -7- 96

EXHIBIT "A"

LEGAL DESCRIPTION OF THE SITE(S)

THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF BLOCK 9 ACCORDING TO MAP OF SUBDIVISION NO. 2, OF A PART OF YUCAIPA VALLEY, AS PER PLAT RECORDED IN BOOK 17, PAGES 99 AND 100 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 9 AT THE INTERSECTION OF

THE CENTER LINES OF SECOND STREET (FORMERLY THIRD AVENUE) AND AVENUE E (FORMERLY ARIZONA STREET) THENCE SOUTH 335.14 FEET ALONG THE CENTER LINE OF SECOND STREET; THENCE SOUTH 89 DEG 17' WEST 280 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEG IT WEST 282.46 FEET, MORE OR LESS, TO AN ANGLE POINT IN THE WESTERLY LINE OF SAID BLOCK 9; THENCE ALONG THE WESTERLY LINE OF SAID BLOCK NORTH 14 DEG Y WEST 92.5 FEET; THENCE NORTH 34 DEG 30' EAST 306.1 FEET TO THE NORTHWESTERLY CORNER OF SAID BLOCK 9; THENCE EAST 131.4 FEET; MORE OR LESS, TO A POINT 280 FEET WEST OF THE EAST LINE OF SAID BLOCK 9; THENCE SOUTH PARALLEL WITH THE CENTER LINE OF SECOND STREET 335.14 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.

ASSESSOR'S PARCEL NUMBERS(S): 0319-121-24.

THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF BLOCK 14, SUBDIVISION NO.3, OF A PART OF YUCAIPA VALLEY, IN THE

CITY OF YUCAIPA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 19 OF MAPS, PAGE 1, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 14, IN THE CENTERLINE OF FOURTH STREET (FORMERLY FIRST AVENUE); THENCE ALONG THE SOUTH LINE OF SAID BLOCK 14, NORTH 87° 49' WEST 658.9 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE ALONG THE WEST LINE OF SAID BLOCK 14, NORTH 233.1 FEET; THENCE EAST 658.68 FEET TO THE CENTERLINE OF FOURTH STREET; THENCE SOUTH 0° 03' 30" WEST 258.2 FEET ALONG THE SAID CENTERLINE OF FOURTH STREET TO THE POINT OF BEGINNING.

NOTE: THE MAP OF THE ABOVE DESCRIBED SUBDIVISION, RECITES THAT AREAS AND DISTANCES OF SAID LOT ARE COMPUTED TO STREET CENTERS.

EXCEPTING THEREFROM PARCELS 1 AND 2 OF PARCEL MAP NO. 15443, AS PER MAP RECORDED IN BOOK 195 OF PARCEL MAPS, PAGES 72 TO 73
INCLUSIVE, RECORDS OF SAID COUNTY.

ASSESSOR'S PARCEL NUMBERS(S): 0319-012-40
05/13/2024 City Council Agenda -8- 97

ATTACHMENT 2
05/13/2024 City Council Agenda 98

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Yucaipa
34272 Yucaipa Blvd.

Yucaipa, CA 92399
Attn: City Clerk
With a copy to:

ShaoulLevy
201 Wilshire Boulevard, 2"d Floor
Santa Monica, CA 9040
APNs: 0319-012-40

SPACE ABOVE THIS LINE FOR RECORDER'S
USE
Exempt from Recording Fees Pursuant to Government Code Section 27383

DENSITY BONUS AGREEMENT
(SENIOR HOUSING; RENTAL PROJECT)
THIS DENSITY BONUS AGREEMENT ("Agreement") is dated as of May 13, 2024, and is entered into by and between 4th Street Yucaipa QOZB LLC, a California limited liability company (the "Developer"), and the CITY OF YUCAIPA, a California municipal corporation (the "City").

D. The Developer proposes to construct a as a sixty-two (62) unit rental Senior Citizen Housing Development across two (2) project sites approved as Case No. 21-084/CUP/DBA for a Conditional Use Permit and Density Bonus Agreement for the development of a thirty (30) unit age - restricted project for individuals who are 55 years or older located at APN: 0319-121-24 and Case No. 21- 094/CUP/DBA for a Conditional Use Permit and Density Bonus Agreement for the development of a thirty-two (32) unit, age -restricted housing project for individuals who are 55 years or older located at APN:
0319-012-40 respectively (collectively, the "Project"). 05/13/2024 City Council Agenda -1- 99

AGREEMENT
NOW, THEREFORE, the parties hereto agree as follows:

Definitions. In this Agreement, the following terms shall have the following meaning:
a. "City" is the City of Yucaipa, California.
b. "Project" is the development described in Recital D above.

3. Restrictions on Units: Qualified Occupant. Sixty-two (62) of the units in the Project (each. a "Senior Unit", and, collectively, the "Senior Units") shall be rented to and occupied by households which include at least one Qualified Occupant.

4. Term. The term of this Agreement shall continue until the later of: (i) the date that is 55 years after the first rental of a unit to a Qualified Occupant; or (ii) the date on which construction commences, in accordance with applicable law and permits, on a project that is not a senior rental housing project after the demolition or destruction of the Project.

On -site Manager. [INTENTIONALLY OMITTED]

a. A project occupancy profile;
A description of the physical condition and maintenance procedures for the Project, including apartment units, landscaping, walkways and recreational areas.

C. The number of persons per unit;
d. Qualified Occupant name and address (unit);
e. Initial occupancy date;
£ Copies of all documents used by Developer to certify the occupant household as a Qualified Occupant.
g. Copies of the leases (rent may be redacted).

8. Selection of Qualified Occupant. Developer shall determine the eligibility for occupancy of Senior Units under the terms of this Agreement. Verification of eligibility shall be based on the following information and any other information reasonably requested by City: Reasonable documentation of age of each Qualified Occupant (such as birth certificate; current driver's license; etc.) Development Incentive(s). Pursuant to Government Code Section 65915(b)(1) and (f) and Yucaipa Municipal Code Section 83.010715(b)(4), the City grants Developer the following incentives for development of the Project: A 100% Density Bonus to allow a Project that provides 14.69 du/ac subject to the following:
a. Operation of the 32-unit age -restricted housing project (Case No. 21- 094/CUP/DBA) site located at APN: 0319-012-40 shall be contingent on occupancy and operation of the affiliated 30-unit age -restricted housing project (Case No. 21-084/CUP/DBA) site located at APN: 0319- 121-24;
b. Project entitlements for Case Nos. 21-094/CUP/DBA shall expire on March 15, 2025, but may qualify for a maximum of one (1) extension of time for a period not to exceed three (3) years; C. By March 15, 2028, should the Project entitled in Case No. 21-094 be out of compliance with State Law requirements for a Senior Citizen Housing Development, the development of the portion of the Project entitled in Case No. 21-094, in its then existing condition, shall be discontinued, operation of the sites shall cease, and a new entitlement application shall be submitted for a rental Senior Citizen Housing Development consistent with Density Bonus Procedures.

b. All common access areas in the Project such as entryways, walkways, and hallways shall be wide enough to accommodate wheelchairs; C. The Project will meet all applicable current requirements for access and design imposed by law as administered by the City building and safety department, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps;
d. The Project shall be designed and constructed to encourage social contact by providing sidewalks to connect the units to the proposed landscaped amenities. Common open space area will also be provided by a recreation area with a barbeque island and shade structures. e. The Project shall be completed and available for occupancy (i.e., a certificate of occupancy shall have been issued) by March 15, 2025 (subject to delays beyond the control of Developer).

However, the City Manager of City may extend such deadline, provided the extension(s) are in writing. f. The portion of the Project entitled in Case No. 21-094 shall be completed and available for occupancy (i.e., a certificate of occupancy shall have been issued) by March 15, 2025 (subject to delays beyond the control of Developer). However, the City Manager may extend such deadline, provided the extensions(s) are in writing.

10. Indemnification. Developer shall defend, indemnify and hold City and its elected officials, officers, agents and employees harmless from claims, liabilities, losses, damages and costs and expenses arising from or relating to: (i) personal injuries, including death, and property damage which may arise from the activities of Developer or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the Project; and (ii) any fair housing claims. Notwithstanding the foregoing, this provision shall not apply to any such claims which arise out of, or by reason of, the sole negligence or sole willful misconduct of the City.

11. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions:
a. If a warranty, representation or statement made or fiirnished by Developer to City and is inaccurate in any material respect when it was made; b. A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in Section 14 below.

12. Enforcement. In the event of a default under the provisions of this Agreement by the owner of one of the two sites identified in Recital D above is not corrected within thirty (30) days after such notice is given, then City may, without further notice, declare a default as to that site alone under this Agreement and City may then enforce against that site alone as any normal violation of the standards and provisions of the Yucaipa Development Code, or Yucaipa Municipal Code, applicable to this Agreement. A default against one of the two sites shall have no effect on the rights and obligations under this Agreement of the owner of the other site not in default. However, notwithstanding the foregoing, City may at any time apply to any court, state or federal, for injunctive relief against any violation by the owner of the site in default of any provision of this Agreement. All other remedies at law or equity which are not otherwise provided for in this Agreement are available to the parties in the event that there is a breach of this Agreement. 05/13/2024 City Council Agenda -4- 102

13. Developer Representation Re: Priority. Developer represents and warrants that this Agreement, when recorded, is senior and prior to all deeds of trust and other liens, except for liens for property taxes and assessments not yet due.

14. No Waiver of Remedies. City does not waive any claim of defect in performance by Developer if upon periodic review City does not enforce or terminate this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

15. Rights of Lenders. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, subordinate to this Agreement, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to, deeds of trust, shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to:
a. Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer itself, b. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien;
C. Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and
d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed.

None of b., c. or d. shall, however, affect the continuing validity of this Agreement.

16. Notice to Lender. If Developer shall have provided City in writing with the name of the Lender and a copy of its recorded deed of trust showing its address for notices, then City shall give written notice of any default or breach under this Agreement by Developer to such Lender and if the default can be cured by the payment of money, City shall give Lender the opportunity after service of the notice to cure the breach or default within sixty (60) days after delivery of said notice.

17. Notices. Any notice required to be given by the terms of this Agreement by either party to the other shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto in a notice given pursuant to this Section.

Developer: Shaoul Levy
201 Wilshire Boulevard, 2nd Floor
Santa Monica, CA 90401
Cam: City of Yucaipa
34272 Yucaipa Blvd.

Yucaipa, CA 92399
Attn: Benjamin Matlock
05/13/2024 City Council Agenda -5-
103

18. Attorneys' Fees. In any proceedings arising from the enforcement of this Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court.

19. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California.

20. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.

21. Recordation. This Agreement shall be recorded in the Official Records of the County Recorder of the County of San Bernardino prior to the issuance of any building permit(s) for the Project.

22. Time of Essence. Time is of the essence of every provision hereof in which time is a factor.

IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth herein.

DEVELOPER:
4th Street Yucaipa QOZB LLC, a California
limited liability company
LN
Name: Shaoul Levy
Title: Manager
CITY:

CITY OF YUCAIPA,
a municipal corporation
Chris Mann, City Manager
ATTEST:
, Ana V. Sauseda, MMC
Director of General Services/City Clerk
APPROVED AS TO FORM:

Steven Pacifico, City Attorney
05/13/2024 City Council Agenda -6- 104

STATE OF CALIFORNIA )

COUNTY OF )
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(Seal)
05/13/2024 City Council Agenda -7- 105

EXHIBIT "A"

LEGAL DESCRIPTION OF THE SITES)

THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF BLOCK 9 ACCORDING TO MAP OF SUBDIVISION NO.2, OF A PART OF YUCAIPA VALLEY, AS PER PLAT RECORDED IN BOOK 17, PAGES 99 AND 100 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 9 AT THE INTERSECTION OF

THE CENTER LINES OF SECOND STREET (FORMERLY THIRD AVENUE) AND AVENUE E (FORMERLY ARIZONA STREET) THENCE SOUTH 335.14 FEET ALONG THE CENTER LINE OF SECOND STREET; THENCE SOUTH 89 DEG IT WEST 280 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEG IT WEST 282.46 FEET, MORE OR LESS, TO AN ANGLE POINT IN THE WESTERLY LINE OF SAID BLOCK 9; THENCE ALONG THE WESTERLY LINE OF SAID BLOCK NORTH 14 DEG Y WEST 92.5 FEET; THENCE NORTH 34 DEG 30' EAST 306.1 FEET TO THE NORTHWESTERLY CORNER OF SAID BLOCK 9; THENCE EAST 131.4 FEET; MORE OR LESS, TO A POINT 280 FEET WEST OF THE EAST LINE OF SAID BLOCK 9; THENCE SOUTH PARALLEL WITH THE CENTER LINE OF SECOND STREET 335.14 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.

ASSESSOR'S PARCEL NUMBERS(S): 0319-121-24.

THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF BLOCK 14, SUBDIVISION NO. 3, OF A PART OF YUCAIPA VALLEY, IN

THE CITY OF YUCAIPA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 19 OF MAPS, PAGE 1, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

NOTE: THE MAP OF THE ABOVE DESCRIBED SUBDIVISION, RECITES THAT AREAS AND DISTANCES OF SAID LOT ARE COMPUTED TO STREET CENTERS.

EXCEPTING THEREFROM PARCELS 1 AND 2 OF PARCEL MAP NO. 15443, AS PER MAP RECORDED IN BOOK 195 OF PARCEL MAPS, PAGES 72 TO 73
INCLUSIVE, RECORDS OF SAID COUNTY.

ASSESSOR'S PARCEL NUMBERS(S): 0319-012-40.
05/13/2024 City Council Agenda -8- 106

Agenda Item No. 11

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer L I<
Kevin Garcia, Assistant Engineer �q
FOR: City Council Meeting of May 13, 2024
SUBJECT: Acceptance of Contract Work — Painting of Various City Facilities, Phase II — Project No. 11196
RECOMMENDATION:

That the City Council:
1) Accept the contract work completed by Innovation Painting Inc. in the amount $104,400 for the Painting of Various City Facilities Project, Phase II — Project No. 11196 (Project); and
2) Authorize the recordation of the Notice of Completion for the Project.

BACKGROUND/DISCUSSION:

On September 25, 2023, the City Council awarded a contract in the amount of $108,000 to Innovation Painting Inc. of Ontario, CA to paint the exterior of various City facilities/buildings. The facilities/buildings included in the Project are as follows:
• Yucaipa Transit Center (34272 Yucaipa Boulevard)
• Yucaipa Library (12040 5 h Street)
• Gazebo Structures (8) at Yucaipa Community Park (34900 Oak Glen Road) • Fire Station #2 (32664 Yucaipa Boulevard)
The Project consisted of the painting of all the exterior painted surfaces including but not limited to flashing, facia boards, trellis material, columns, beams, doors, stucco walls, eaves, handrails, wrought -iron fencing, and trash enclosures. Repair work was performed for all facia boards that were warped by either replacing the boards or filling in the cracks, depending upon the severity, as determined by staff in accordance with industry standards. The work also included repairing damaged portions of stucco and installing new stucco under the eaves where the stucco was missing. The exterior paint at some of the facilities was at least 15 years old and had exceeded its useful life. Painting the buildings provides protection of the exterior surfaces from the elements, extends the life of buildings, and provides a more aesthetic appearance. 05/13/2024 City Council Agenda 107

Field inspections performed by staff during the course of the work and upon completion of the work have assured that the work was completed in accordance with the contract specifications and requirements for each facility.

FISCAL IMPACT:

The contract work has been completed in the total amount of $104,400, which is $3,600 under the authorized contract budget for the Project. There is no additional fiscal impact as a result of the proposed recommendations.

Attachments:

1. Notice of Completion — Project No. 11196
�}
Approved by:--
05/13/2024 City Council Agenda 108

ATTACHMENT 1
05/13/2024 City Council Agenda 109

RECORDING REQUESTED BY
City of Yucaipa
WHEN RECORDED RETURN TO:

City Clerk
City of Yucaipa
34272 Yucaipa Blvd.

Yucaipa, CA 92399
Recording Fee $0 SPACE ABOVE THIS LINE FOR RECORDER'S USE Government Code 6103

NOTICE OF COMPLETION
Pursuant to the provisions of Section 9204 of the Civil Code of the State of California, NOTICE IS HEREBY GIVEN that work on the certain project known as:

PROJECT NO. 11196

PAINTING OF VARIOUS CITY FACILITIES, PHASE II
No APN Number
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 13th day of May 2024.

The said work was performed by Innovation Painting Inc. of Ontario, CA in accordance with the terms of the written agreement dated the 25th day of September 2023.

Dated May 13th, 2024.

CITY OF YUCAIPA, a Municipal Corporation, Owner
34272 Yucaipa Blvd, Yucaipa, CA 92399
Fermin G. Preciado, Director of Development Services/City Engineer A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document.

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
Subscribed and sworn to (or affirmed) before me on this 13th day of May 2024, by Fermin G. Preciado, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Date
Ana Sauseda, Director of General Services/City Clerk
05/13/2024 City Council Agenda 110

Agenda Item No. 12

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Phil White, Director of Finance
Cortney McRae, Human Resources Manager
FOR: City Council Meeting of May 13, 2024
SUBJECT: Personnel Policies and Procedures Manual
RECOMMENDATION:

That City Council adopt the attached Personnel Policies and Procedures Manual ("Manual").

DISCUSSION:

The City's Personnel Rules were first adopted on November 14, 1994. Since that time, minor amendments have been made and adopted. However, a comprehensive update had never been performed. As such, as part of the 2023 City Council Goals, staff was directed to review and update the City's Personnel Rules.

The Manual that is attached represents the compilation of the City's Personnel Rules with administrative personnel policies and practices that have historically existed as separate documents.

Since all these rules, policies, and practices are current, this Manual does not constitute any significant changes in personnel practices. However, it does provide a benefit to the City in that it places all these rules, policies, and practices in a single document which provides a single resource for all employees.

This proposed Manual has received extensive review by staff, City Manager, and City Attorney, and the Yucaipa City Employee Association (YCEA). The YCEA has accepted the updated version of the Manual in accordance with the current Memorandum of Understanding between the City of Yucaipa and the General Employees of the City of Yucaipa.

FISCAL IMPACT:

There is no fiscal impact.

Attachment(s):

1. Personnel Policies and Procedures Manual
Approved By: �-
05/13/2024 City Council Agenda 111

ATTACHMENT 1
05/13/2024 City Council Agenda 112

CITY OF

PERSONNEL POLICIES AND PROCEDURES MANUAL
05/13/2024 City Council Agenda 113

INTRODUCTION
Welcome to the City of Yucaipa! We trust you will find working for the City professionally challenging, an excellent career opportunity, a positive experience and an environment that strives to provide a work/life balance. The City prides itself on exceptional customer service and the highest level of professionalism. City staff are committed to public service, excellence, efficiency in the provision of services, the City's adopted Code of Ethics, and the principles of democracy and professional management afforded by the Council -Manager form of government. As a member of the City team, we look forward to your positive contributions in these areas.

The Personnel Policies & Procedures Manual ("Manual") has been developed to provide staff members with important information regarding the City's personnel benefits, policies, and procedures on matters relevant to all employees. The Personnel Officer is the Appointing Authority under this policy and shall exercise functional authority over the City personnel process for the purpose of implementing and enforcing these policies and procedures on a citywide basis.

For subjects not included in this Manual, inquire with the City's Personnel Officer. Personnel issues not covered in this Manual, or not otherwise covered by applicable law or regulation, may be addressed by the City Manager by the adoption of administrative policy documents or interpretations, and applied on an individual basis. The City reserves the right to appropriately change, amend, revise, or delete the provisions contained herein, including policies and procedures, when deemed necessary. Updates to the policies herein will be provided in separate announcements throughout your career with the City.

CITY ORGANIZATION
Yucaipa is a "general law" city. As such, the City's authority and powers are expressly granted by the California State Legislature and the California Constitution. Therefore, the policies contained herein may be changed or superseded by Constitutional amendment, an act of the California State Legislature, or state regulatory authority applicable to general law cities, or, where applicable, by federal law or regulation. The City has an adopted Municipal Code that contains the ordinances of the City.

The City of Yucaipa is a "contract city" that operates under the Council -Manager form of government. As a contract city, Yucaipa provides a number of key municipal services through contracts with other government entities and private companies. Included are police, fire, building and safety, solid waste management, city attorney, and other services that may become necessary from time to time. Some services, such as water, sewer, electricity, and natural gas, are the responsibilities of other non -City agencies.

Under the Council -Manager form of government, the City is governed by five City Council Members, each sharing equal voting powers on all items coming before the Council.

Councilmembers are elected by district for four-year terms, with elections held in November of even -numbered years. City Council terms are staggered such that three members are selected by the voters in one election and the remaining two members are selected in the next election two years later. The City Council hires and provides legislative and policy direction to the City PAGE 2 Revised 2024-05-13
05/13/2024 City Council Agenda 114

Manager. The City Manager serves as the Chief Executive Officer of the City and is therefore responsible for implementing City Council policy and for the day-to-day operations of the City, including the hiring and management of all City staff, contractors, and consultants. The City Manager also serves as the City Treasurer and as Executive Director to the Successor Agency to the former Yucaipa Redevelopment Agency. In addition to the City Manager, the City Council also directly hires a City Attorney (or contracts with a law firm), for legal counsel.

UNIQUE FEATURES OF THE CITY OF YUCAIPA
Yucaipa became an incorporated city on November 27, 1989. Framed by the natural environment, with its breathtaking mountain views, clean air and unique topography, Yucaipa offers an attractive, peaceful, and safe community, and an exceptional quality of life for all of its residents.

Yucaipa is thoughtfully planned, balancing the needs of residents, the environment, and the business community. Quality public facilities, schools, community services, recreational opportunities, and other amenities draw residents and visitors of all ages to live, work, play, and retire in Yucaipa.

Long known as one of the premier residential communities of the Inland Empire, Yucaipa also provides one of the greatest untapped economic development opportunities in the Southern California region. The City's location and undeveloped freeway frontage make it an attractive region for development of new or expanding businesses. With a population of approximately 55,000 residents, Yucaipa is a desirable location for new investments, aided by a business -friendly and fiscally sound local government. The City is dedicated to sustaining the community's economic growth through various programs, initiatives, and efforts that support the business community, development projects and establishing public/private initiatives.

The City of Yucaipa is responsible for, either directly or by contract, land use regulation, building and safety, and road maintenance of public streets, police protection, fire prevention and suppression, emergency medical services, emergency preparedness and response, solid waste removal, municipal elections, recreational facilities and community events, and other functions typical of municipal government. City revenue sources include property tax, sales tax, franchise fees paid by utility providers, licenses, permits, fees, fines, and grants.

As a member of the City team, it is important to understand and become familiar with the services provided by the City to the community.

PUBLIC SERVICE
Local government by its nature and purpose is a service -oriented and public profession. City employees directly connect with the public in many different ways. In Yucaipa, it is an expectation that members of the City team maintain a pleasant, friendly, and cooperative demeanor with each other and in all capacities when working and communicating with the public. Care should be taken to act in a professional, respectful, and courteous manner at all times. City staff must keep in mind that they are ambassadors of the City and represent the organization. As public service professionals, it is the responsibility of City staff to be responsive and helpful to residents, visitors, and those conducting business in Yucaipa.

PAGE 3 Revised 2024-05-13
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Before any person can be appointed to a position in the City, an individual must submit an Oath of Affirmation of Allegiance for Civil Defense Workers and Public Employees.

DISASTER SERVICE WORKER
The protection of the health and safety, and the preservation of lives and property of the citizens of the City of Yucaipa from the effects of natural, manmade, or war -caused emergencies that result in conditions of disaster or in extreme peril to life, property, and resources is of paramount importance to the City — requiring the responsible efforts of public and private agencies and individual citizens. In furtherance of the exercise of power of the City in protection of its citizens and resources, ALL City employees are hereby declared to be Disaster Service Workers subject to such disaster service activities as may be assigned to them by their supervisors or by law.

It is the duty of each City employee to fulfill the responsibilities of a disaster service worker if deemed necessary by the City Manager. In the event of a declared emergency (e.g., earthquake, flood, fire, riot, war, etc.) employees will be directed to report to the City's designated Emergency Operations Center (EOC). Employees will be contacted and given further instructions as to when and where to report to the EOC in the event of a declared emergency.

In the event of a disaster, the City Manager, serving as Director of Emergency Services, or designee, is authorized to take such actions as may be necessary to facilitate recovery operations, including, but not limited to, deploying staff for damage assessment and emergency repair purposes, and procuring materials, labor, and services required for damage control and emergency repair.

MEMORANDUM OF UNDERSTANDING
A Memorandum of Understanding (MOU) is a signed labor agreement between the employee bargaining unit (represented by the Yucaipa City Employees Association) and the City of Yucaipa (represented in negotiations by the City Manager or Designee and Personnel Officer). All regular, full-time non-exempt employees are represented by the bargaining unit while all management, confidential, and regular, full-time exempt employees represent themselves. * The current Memorandum of Understanding Between the City of Yucaipa and the General Employees of the City of Yucaipa is available from Human Resources or on the City's website.

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TABLE OF CONTENTS

CHAPTER I - PURPOSE AND APPLICATION
CHAPTER II — DEFINTION OF TERMS...........

CHAPTER III — GENERAL PROVISIONS.........
................................................................................ 6 ................................................................................ 7 ..............................................................................10 CHAPTER IV — CLASSIFICATION.....................................................................................................12 CHAPTER V — COMPENSATION.......................................................................................................15 CHAPTER VI — BENEFITS — REGULAR, FULL-TIME EMPLOYEES...........................................22 CHAPTER VII — HOURS OF WORK..................................................................................................28 CHAPTER VIII — APPLICATIONS AND APPLICANTS.................................................................30 CHAPTER IX — EXAMINATIONS.......................................................................................................33 CHAPTER X — EMPLOYMENT ELIGIBILITY LISTS.......................................................................35 CHAPTER XI — METHOD OF FILLING VACANCIES....................................................................36 CHAPTER XII — PROBATIONARY PERIOD....................................................................................37 CHAPTER XIII — ATTENDANCE AND LEAVES.............................................................................38 CHAPTERXIV — HOLIDAYS...............................................................................................................52 CHAPTER XV — CHANGES IN EMPLOYMENT STATUS.............................................................53 CHAPTER XVI — SEPARATION FROM EMPLOYMENT..............................................................54 CHAPTER XVII — REPORTS AND RECORDS..................................................................................56 CHAPTER XVIII — GRIEVANCE PROCEDURES.............................................................................58 CHAPTER XIX — DISCIPLINARY PROCEDURE.............................................................................60 CHAPTER XX — PERFORMANCE EVALUATIONS........................................................................63 CHAPTER XXI — VEHICLE USE..........................................................................................................65 CHAPTER XXII — TRAVEL...................................................................................................................70 CHAPTER XXIII — PROFESSIONAL DEVELOPMENT...................................................................72 CHAPTER XXIV — EMPLOYEE STANDARDS OF CONDUCT....................................................74 PERSONNEL POLICIES & PROCEDURES MANUAL ACKNOWLEDGEMENT ......................85 PUBLICEMPLOYEE OATH................................................................................................................. 86 PAGE 5 Revised 2024-05-13
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CHAPTER I - PURPOSE AND APPLICATION
SECTION 1. PURPOSE
The purpose of this Manual is to establish lawful procedures for dealing with personnel matters.

This Manual may be amended as deemed necessary by the City Manager or by a subsequent resolution of the City Council. The personnel provisions set forth herein constitute the personnel rules and regulations for the City of Yucaipa. Employees are expected to read this Manual carefully, and to know and understand its contents. The City reserves the right to make changes to this Manual and to any employment policy, practice, work rule, or benefit, at any time without prior notice, except for any written arbitration agreement with an employee, which can only be changed in accordance with its express terms and within the parameters of Government Code Section 3500.

Any other change to this Manual or any employment policy, practice, work rule, or benefit is effective only if it is in writing and is signed or authorized by the City Manager. Except as otherwise provided in this Manual, no one has the authority to make any promise or commitment contrary to what is in this Manual. Employees are responsible for knowing about and understanding those changes once they have been disseminated. The City also reserves the right to interpret the provisions of this Manual
This Manual replaces all earlier Manuals and supersedes all prior inconsistent policies, practices, and procedures.

SECTION 2. APPLICATION
These rules apply to all employees of the City of Yucaipa unless a specific rule, procedure, or contractual agreement indicates otherwise.

SECTION 3. NO CONTRACT CREATED
Nothing contained in this Manual creates any contract of employment, express or implied, or any right in the nature for a contract.

SECTION 4. MANUAL ACKNOWLEDGEMENT
Employees are required to sign the acknowledgement form at the back of this Manual and return it to Human Resources. This will provide the City with a record that each employee has received this Manual.

SECTION 5. RULE MAKING AUTHORITY
A Department Head may administer department -specific personnel regulations, which are supplementary to, and not inconsistent with, this Manual or regulations of the City of Yucaipa or any applicable Memorandum of Understanding. Any such regulations shall be approved by Human Resources prior to implementation.

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CHAPTER II - DEFINTION OF TERMS
Unless the context indicates otherwise, the following terms, whenever used in this document, shall be defined as follows:

ADVANCEMENT
A salary increase within the limits of the salary range established for a position.

ANNIVERSARY DATE
Each employee's anniversary date will coincide with his/her appointment to a new position in a different classification. All employees will retain their current anniversary date until appointed to a new classification.

APPOINTMENT
The act of filling a vacant position with an individual who has met the qualifications for that position.

APPOINTING AUTHORITY
The officer of the City who has the authority to make an appointment to a position, subject to the approval of the City Manager.

AT -WILL
All positions outside of the competitive service which may be terminated with or without cause, at any time, at the will of the City, in its sole discretion.

CLASS
A group of positions sufficiently similar in duties, authority, responsibilities, and minimum qualifications to permit the application with equity of common standards of selection, transfer, promotion, and compensation.

COMPETITIVE SERVICE
All positions of employment in the service of the City except those at -will positions specifically excluded as such.

DEMOTION
The removal of an employee from a presently assigned classification to a lower paying classification. A demotion may be voluntary or involuntary.

DISCIPLINE
Action taken by the appointing authority or designee to reinforce adherence to policies and procedures and correct conduct, behavior, and/or performance which fall below acceptable standards, and/or which violate rules, regulations, laws, and policies.

DOMESTIC PARTNER
A domestic partnership shall be defined in accordance with California Family Code Section 297, as may be amended from time to time.

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ELIGIBLE
When used as a noun, means a person whose name is considered for the appointment to a position or is placed on an eligibility list.

ELIGIBLE LIST
A list of one or more names of persons who are being considered for appointment to a position.

EMPLOYEE
Any person occupying a position in the competitive service, any at -will member of the City's staff, and any part-time staff.

EMPLOYMENT LIST
Any eligible, promotional, or reemployment list maintained by the City.

EXAMINATION
A. Open Examination: An examination for a particular position which is open to all persons meeting the qualifications for the classification.

B. Promotional Examination: An examination for a particular position, admission to the examination being limited to employees that meet the qualifications for the classification.

C. Continuous Examination: An open examination which is administered periodically and as a result of which names are placed on an employment list for a period of not more than one (1) year.

IMMEDIATE FAMILY
Immediate family shall be defined in accordance with California Labor Code Section 245.5(c), as may be amended from time to time.

LAYOFF
The involuntary separation of a regular status employee or reduction to a position in a lower classification because the position is no longer needed.

PERSONNEL OFFICER
The City Manager or designee.

PROBATIONARY PERIOD
A working test period during which an employee is required to demonstrate his or her fitness for the position to which he or she has been appointed or promoted by the actual performance of the duties of the position.

PROMOTION
The movement from one class to another class having a higher maximum rate of pay and more advanced job duties than the previous position.

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RECLASSIFICATION
The change of a position from one position to another as a result of the gradual accretion or reduction of duties and/or responsibilities over time.

REGULAR EMPLOYEE
An employee in a position authorized by the City Council per the Position and Salary Control Resolution.

REINSTATEMENT
The reemployment, without examination, of a former regular employee.

SALARY ADJUSTMENT
An adjustment in salary as a result of a wage and benefit study, classification study, etc.

SENIORITY
The length of full-time continuous service with the City. Seniority shall be given serious consideration in shift assignment, days off, and choice of vacation days, if in the opinion of the administrative staff all other things are relatively equal. Seniority shall be terminated by resignation, discharge for cause, retirement, or failure to return to work from lay-off within seven (7) calendar days after notice to return by certified or registered mail addressed to the employee and sent to the employee's last known address on file with Human Resources.

SPECIAL ADJUSTMENT
A temporary increase in pay as a result of performing additional duties not normally required of an employee's classification. A Special Adjustment requires the approval of the Department Head and the Personnel Officer.

SUSPENSION
The temporary removal from duty of an individual, with or without pay, for disciplinary reasons.

TERMINATION
The leaving of City service by an employee due to death, discharge, layoff, resignation, retirement, or work completion.

TRANSFER
The movement of an individual from one department to another while remaining in the same class with similar duties and responsibilities.

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CHAPTER III - GENERAL PROVISIONS
SECTION 1. EQUAL EMPLOYMENT OPPORTUNITY
It is the City's policy to provide equal employment opportunities for all applicants and employees consistent with Federal and State law. Any employee having any questions regarding this policy should discuss them with the City Manager's Designee.

SECTION 2. POLITICAL ACTIVITY PROHIBITED
As a public agency, the City must be particularly sensitive to real, potential, or perceived conflicts of interest. City employees shall not engage in political activities in violation of Government Code Section 3201 et seq. No one employed by the City may engage in political activities on City premises, while engaged in official duties, using City equipment, displaying the City logo, or wearing an official City uniform. Employees also share with their fellow citizens the right to voice their opinion on public issues. Employees may advocate for issues of personal interest only when doing so does not conflict with the performance of their official duties.

SECTION 3. OUTSIDE EMPLOYMENT
Regular, full-time City employees may not hold outside employment that is incompatible with their City employment. City employees are employed on the condition that employment with the City is their primary employment and that they shall not engage in any employment, activity, or enterprise for compensation, or any volunteer work that is inconsistent, incompatible, or in conflict with their duties, functions, or responsibilities as a City employee. Each regular, full-time employee who holds any other position in addition to City employment must submit a written request to Human Resources and it must be authorized by the Department Head and the City Manager prior to accepting such employment.

SECTION 4. EMPLOYEE DUTIES
Employees are required to carry out the essential functions and responsibilities of their employment.

SECTION 5. VIOLATION OF RULES
Violation of the provisions of these rules shall be grounds for disciplinary action, up to and including termination.

SECTION 6. AMENDMENT OF RULES
These rules may be amended by the City Council in the manner prescribed for the amendment of other resolutions, or by the City Manager, and pursuant to the terms of any applicable Memorandum of Understanding.

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SECTION 7. EMPLOYEE STANDARDS OF CONDUCT AND CODE OF ETHICS Employees are required to be mindful of the Code of Ethics and uphold the intent of the tenets and guidelines of the Code. Employees are required to adhere to the Employee Standards of Conduct (Chapter XXIII).

SECTION 8. FEDERAL TAXES
Completion of appropriate IRS forms will be required of all personnel at the time of employment.

The number of exemptions claimed will determine the amount of federal tax deductions.

SECTION 9. SOCIAL SECURITY
Regular, full-time employees of the City do not participate in Social Security, so no deductions will be taken from employees' salaries for this purpose. However, all employees, full and part-time, are required to have a Social Security number and/or meet other legal requirements including legal authorization to work in the United States by proof of citizenship or permanent residency status at the time of employment.

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CHAPTER IV - CLASSIFICATION
SECTION 1. CLASSIFICATION PLAN
Each position in the City services is defined by specifications, including title, definition of the position, supervision received and exercised, a description of the duties and responsibilities of positions in each class, and the training, experience, physical requirements, and other qualifications to be required of applicants for positions in each class.

The City of Yucaipa has an established list of classifications, maintained by City Council adopted resolutions. Please reference the latest City Council -adopted Salary, Benefit, and Classification Plan resolutions for a current list of classifications.

The following definitions shall apply for the purposes of classifications:

A. Permanent: Any regular, full-time employee who is appointed to a position for a one year or longer term, is occupying a position established on a continuing basis, has successfully completed a probationary period in the specific classification in the competitive service, and is retained in that classification in accordance with this Manual.

B. Probationary: Any employee appointed to fill a permanent position in the competitive service, but who has not completed the probationary period. The probationary employee will be evaluated periodically during the probationary period and is subject to termination, with or without cause, at the discretion of the Department Head, or designee. Termination may be exercised at any time during the probationary period. Effective on the first day following the successful completion of the probationary period the employee shall be considered thereafter a permanent employee of the City.

C. Provisional: A temporary appointment of a person who possesses the minimum qualifications established for a particular class, and who has been appointed to a position in the absence of available eligible. This is sometimes referred to as an "Interim Appointment." D. Part-time: An employee in a position normally working a fraction of the normal workday or workweek and whose hours may be regular or irregular. Employees hired in this category are excluded from receiving City benefits and serve at the will of the respective Department Head.

Those employees who are assigned such hours that result in an accumulation of one thousand (1,000) hours within the fiscal year shall become eligible for participation in the City's retirement program through Ca1PERS but shall not obtain permanent status.

E. Temporary, part-time (seasonal): A person employed to meet a short-term need of the City in a limited -service position. Employees hired in this category are excluded from receiving City benefits and serve at the will of the respective Department Head. Temporary, part-time employment may be terminated at any time with or without cause or prior notice to the employee and without the right of appeal. Temporary, part-time employees have no guarantee as to the minimum number of hours that they will be asked to work by the City. Certain PAGE 12
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temporary, part-time employees who are employed in a seasonal capacity (e.g., summer recreation employees) may routinely work up to 40 hours per week; however, supervisors shall make every effort to ensure that these employees do not work more than one thousand (1,000) hours within a fiscal year.

F. Management: An employee with city-wide and/or departmental responsibility for implementing program requirements through supervision; and for formulating, administering, and managing city policies and programs.

G. Supervisor: An employee with responsibility and authority to effectively recommend hiring, transferring, suspensions, layoffs, recalls, promotions, discharging, assigning, and disciplining.

H. Confidential: Certain employee classifications are deemed to be confidential in nature due to their access to confidential information related to employee negotiations and therefore are to be precluded from representing the bargaining unit during employee negotiations. The classifications deemed to be confidential are outlined in the Memorandum of Understanding.

I. Exempt: An employee who is not covered under the Fair Labor Standards Act (FLSA).

J. Non-exempt.- An employee who is covered by the overtime provisions of the Fair Labor Standards Act (FLSA).

K. At -Will: Any designated management employee who is not included in the competitive service.

Such at -will classifications are designated in the City's Salary Schedule, as adopted by Resolution. At -will employment means that both employees and the City have the right to terminate employment at any time, with or without advance notice, and with or without cause.

Employment at -will means that the employer has the right to change the terms and conditions of employment with or without notice, with or without cause, including, but not limited to termination, demotion, promotion, transfer, compensation, benefits, duties, and location of work. Accordingly, either the employee or the City can terminate the employee relationship at any time with or without cause at either party's option with or without advanced notice.

Nothing in this Manual or in any document or statement shall limit the right to terminate employment at -will. Employees offered employment in an at -will capacity shall agree to such terms at the time of hire and may be asked to enter into an employment agreement with the City at the discretion of the City Manager.

SECTION 2. ADOPTION, AMENDMENT, AND REVISION OF PLAN
The list of classifications may be amended from time to time by resolution of the City Council.

SECTION 3. NEW POSITIONS
When a new position is created, an employment eligibility list will be established before an appointment is made, unless the position is filled by a promotional appointment.

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SECTION 4. CLASSIFICATION STUDIES
Classification studies shall be conducted from time to time to determine if the duties and responsibilities of a position have substantively changed, have become inequitably aligned in relation to other classifications within the City service, and/or are otherwise incorrectly designated.

The Personnel Officer shall conduct the classification study and, as a result, a position may be reclassified to a more appropriate classification, whether new or already authorized, at a higher or lower maximum salary level.

After conducting a classification study of the position(s), the Personnel Officer shall recommend classification changes, if any, to the City Manager. The City Manager, at his/her discretion, may present recommended changes to the City Council for approval, after any required meet and confer with applicable bargaining unit(s).

SECTION 5. QUALIFYING EXAMINATION
A reclassification with a title change that results in a salary increase above the old classification may require of the incumbent a qualifying examination to determine whether or not the incumbent possesses the minimum qualifications for the new class. The method for the qualifying examination shall be determined by the Personnel Officer. It may be an interview, demonstration of skills and abilities, or a written examination. An incumbent proposed for a reclassification who does not pass the qualifying examination shall retain his or her original classification until he or she does pass the qualifying examination.

An employee whose position is being reclassified upward and who has demonstrated competency in the position need not take a qualifying examination.

SECTION 6. Y-RATE
When a reclassification results in a lower maximum rate of pay for the incumbent, the incumbent shall be "Y-Rated" at the salary level he/she has earned up to that time, until the market for the classification catches up to the incumbent's salary level.

SECTION 7. MISUSE OF CLASSIFICATION
Reclassification or reallocation of positions to classes shall not be used for the purpose of avoiding restrictions surrounding demotions or promotions.

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CHAPTER V - COMPENSATION
SECTION 1. COMPENSATION PLAN The City has established salary ranges covering all classes and positions within the City service with minimum and maximum rates of pay. Rates of pay for all positions are updated annually and can be found on the City's website at )�ucaipa.gov/human-resources/.

SECTION 2. AMENDMENT OF PLAN
The compensation plan may be amended from time to time by action of the City Council.

SECTION 3. COMPREHENSIVE COMPENSATION SURVEY
A Comprehensive Compensation Survey will be conducted as needed to assure that the City's jobs are paid equitably against the labor market. The Survey will include each position and include labor market comparisons to other cities selected by the Personnel Officer.

SECTION 4. SALARY UPON INITIAL HIRE
Employees occupying a position in the City service shall be paid at the rate established for their positions. All original appointments shall be made at the minimum rate for the position. If circumstances warrant, the City Manager shall have the discretion to place the employee at any salary level within the salary range of the position into which the employee is hired.

SECTION 5. MERIT ADVANCEMENT
The City Manager has the authority and discretion to adjust all regular and part-time employee salaries within their range at any time. The City Manager shall justify a salary change within the range with documentation and based on the performance and skill -level of the employee.

SECTION 6. EVALUATION
Each employee will be formally evaluated annually in regard to the employee's performance of his or her work responsibilities. In the evaluation, the City will consider and evaluate the employee's salary for a potential merit advancement. Performance evaluations will be tracked by Human Resources.

Based on performance, normal progression through the steps within a given range will result in annual increases of 2.5% or 5% per year. The increase effective date is the beginning of the closest payroll period following the employee's anniversary date.

SECTION 7. EXEMPLARY PERFORMANCE RECOGNITION PROGRAM (EPRP) The City Council has authorized the City Manager to recognize exemplary employee performance with a temporary (up to one year) salary increase. Employees become eligible for Exemplary Performance Recognition Program (EPRP) consideration when they have been at the top of their respective salary range for a period of not less than one year and have demonstrated exemplary PAGE 15 Revised 2024-05-13
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performance. At City Manager discretion, a temporary salary increase of up to 5% may be awarded.

The EPRP is intended to be exercised sparingly, at the discretion of the City Manager. For each EPRP salary increase authorized, the City Manager must document the supporting justification.

The City continues to demand outstanding performance from its employees and recognizes that very few instances of an EPRP adjustment will be the result of the outstanding performance expected.

To become eligible, a full-time employee must have been at the top of their respective salary range for a period of not less than one year. The process to be awarded an EPRP adjustment is as follows:
• A notice of recommendation is drafted by the employee's Department Head recognizing the exemplary performance. The notice may include examples of exemplary achievements such as:
o The employee has demonstrated and sustained outstanding achievements that consistently exceed the standards and expectations for the job; and/or o The employee has gone above and beyond by not only fulfilling all normal job duties, but also added duties to accomplish a special project or achieve a certain goal; and/or o The employee serves as an exceptionally effective and cooperative team member by demonstrating superior interactions with coworkers and the community. • The notice of recommendation is provided to Human Resources for inclusion in the employee's record.
• The notice of recommendation is provided to the City Manager as recognition of exemplary performance and for consideration for an EPRP adjustment. • If the City Manager agrees with the proposal, the City Manager will coordinate with Human Resources to implement the EPRP temporary salary increase. Upon approval, the Department Head shall clearly communicate to the recognized employee the specific outstanding achievements that led to the award.
• If awarded an EPRP temporary salary increase, the increase shall be valid for no longer than one-year and does not automatically renew. EPRP salary increases will have no bearing on future salary adjustments, such as those related to promotions, demotions, reclassifications, etc.

SECTION 8. SALARY ON PROMOTION
An employee promoted to a position having a greater maximum salary will be placed at a salary that results in not less than a five percent (5%) increase above the employee's current regular salary.

The City Manager may establish the salary at a higher level within the range.

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SECTION 9. SALARY ON DEMOTION
An employee who is demoted will be placed within the salary range for the position into which demoted. The salary will be set at a level that is lower and closest to the salary the employee was receiving before the demotion.

SECTION 10. SALARY ON RECLASSIFICATION
An employee whose position title is changed but will be performing similar duties will receive the salary set forth below.

A. If the new position title maintains the same salary range, the salary will not change.

B. If the new position title has a higher salary range, the salary adjustment will be determined at the discretion of Human Resources.

C. If the new position title has a lower salary range, the employee will be Y-rated.

SECTION 11. PAY PERIODS
Employees shall be compensated by paycheck or direct deposit according to the applicable pay schedule. Paychecks or paystubs will be made available by the City to employees.

Effective the first pay period of July 1, 2023, pay periods shall be two weeks long (biweekly), beginning on Saturday and concluding on Friday and the City shall pay its employees every other Thursday. At the option of the employees collectively, payroll may be changed to a semimonthly schedule (employees paid on the I,' and 151h of each month) at any time with a simple majority vote of all full-time, regular employees.

SECTION 12. BILINGUAL PAY
Any regular, full-time employee demonstrating bilingual competency in Spanish or proficiency in American Sign Language may be eligible for Bilingual Pay. Employees wishing to be certified as bilingual must submit a Bilingual Certification Request Form to Human Resources.

The certification process will be administered by the City through a neutral, third -party service An employee becomes eligible to receive Bilingual Pay once they are certified as competent in an eligible secondary language. It is expected that any employee receiving Bilingual Pay will assist translation services, regardless of the position, classification, or department of the bilingual employee.

The certification is valid for one year with an automatic renewal. The City reserves the option to require a recertification exam at any point following the first one-year period.

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A. Bilingual Compensation Levels
Level I
Involves the use of English and a second language to communicate and interpret simple documents. Certification requires assessment through designated evaluator contracted by the City. Employees demonstrating this level of bilingual competency in Spanish or proficiency in American Sign Language may receive one -hundred twenty-five dollars ($125.00) per month in Bilingual Pay [(calculated as $57.69 per biweekly pay period ($125 per month * 12 months - 26 pay periods)].
ii. Level II
Involves reading, writing, and speaking in both English and a second language.

Certification requires assessment through designated evaluator contracted by the City.

Employees demonstrating this level of bilingual competency in Spanish may receive one - hundred fifty dollars ($150.00) per month in Bilingual Pay [(calculated as $69.23 per biweekly pay period ($150 per month * 12 months - 26 pay periods)].

Note: No Bilingual Pay shall be provided where written translation alone is demonstrated.

B. Procedure
• An employee requesting Bilingual Pay must submit a Bilingual Certification Request Form to Human Resources.
• Human Resources will review the request and coordinate the scheduling of a bilingual certification with the City's neutral, third -party examiner. • The examiner conducts the exam and provides the results to Human Resources. • Human Resources will utilize the results of the examination to determine which Bilingual Compensation Level, if any, the employee is entitled to. • Upon approval, the Bilingual Certification Request Form will be entered into the Payroll system effective the following pay period.
• Employees will receive their Bilingual Pay allowance in the biweekly amount of $57.69 for Level I or $69.23 for Level II (Written).
• Bilingual pay will be prorated for employees who are in a non -pay status for any part of a pay period.

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SECTION 13. OVERTIME
Overtime for non-exempt employees is defined as hours assigned, and actually worked, in excess of forty (40) hours in the designated work week. As a matter of general policy, the City does not permit employees to work overtime and will provide adequate staff to handle normal operations.

Non-exempt employees working overtime when not expressly authorized to do so shall be subject to discipline.

Although the City generally discourages overtime, occasionally it may be necessary. A Department Head may prescribe reasonable amounts of overtime for periods of time, to meet the operational needs of the department, while remaining within department and City budget restrictions. In the event of an emergency or disaster, all City employees may be required to report to work without prior overtime authorization.

Overtime assigned and worked by non-exempt employees shall be compensated in accordance with state and federal law, at one and a half (1'/2) times their regular rate of pay. Employees eligible to receive overtime compensation may receive pay or may opt to receive compensatory time ("comp time") at a rate equivalent to overtime pay, except an employee may not accrue more than eighty (80) hours comp time at any time.

A. Comp Time Cash Out Option. Employees with comp time balances may request to be paid out or have the cash value rolled into a deferred compensation plan. The option will be administered as follows:
i. Elections are made by completing and submitting a Comp Time cash out form to Human Resources prior to November 15.
ii. Cash out payments will be deposited to the employee's deferred compensation account.

Note that these payments have tax advantages and are subject to other City benefit policies (i.e., City match).
iii. Employees may opt to forego the tax advantaged account and the City match by electing to receive a cash payment instead. Note that this option is subject to tax at the supplemental income rate.
iv. These payments will be processed in December of each year.

V. Employee leave balances will be updated to reflect the payment concurrently as the payments are made.

Employees who are exempt from the Fair Labor Standards Act (FLSA) are compensated on a salary basis and are not eligible for overtime.

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SECTION 14. CALL-BACK PAY
In the event of an emergency or disaster, all City employees may be required to report to work.

When a non-exempt employee is required to return to active duty after being released from service after a shift, the employee will be compensated for a minimum of two (2) hours at time and one- half. All time worked over two (2) hours will be compensated at the rate of time and one-half for the actual hours worked, except when such time runs into the employee's regularly scheduled work shift.

A. Meals During Emergency Work Situations
During emergency overtime situations which extend beyond a period of four hours, the City will make every effort to allow time for meals. If the emergency conditions or the location of the work site prevent the employees from leaving the work site for an adequate period of time, then meals will be provided for the employees at City expense.

SECTION 15. ON -CALL COMPENSATION
Employees who are released from active duty but are required by their departments to meet the following restrictions shall be assigned to be on -call.

Being on -call requires that employees so assigned shall: (1) be reachable by telephone or other communicating devices; (2) be able to report to active duty within 30 minutes time; and (3) refrain from activities which might impair their ability to perform assigned duties.

On -call assignments shall be rotated among qualified employees on a weekly basis beginning at the end of the normal workday on Monday and ending at the beginning of the workday on the following Monday.

Employees shall accrue eight (8) hours of compensatory time for each week of scheduled on -call assignment. Employees required to report to work shall be compensated in accordance with Call - Back Pay or the actual hours worked, whichever is greater.

Due to anticipated events (such as weather events), employees may be placed on -call for a single night or weekend. Employees shall accrue two (2) hours of compensatory time for each night they are designated to an emergency on -call assignment. Employees required to report to work shall be compensated in accordance with Call -Back Pay or the actual hours worked, whichever is greater.

SECTION 16. ACTING PAY
An employee who is provisionally appointed to an acting or interim position that is in a higher salary range than that of the position title in which the employee is normally assigned shall receive acting compensation.

A. Acting pay shall be provided only for appointments with duration greater than twenty-one (21) consecutive calendar days and shall be retroactive to the effective date of the acting appointment and continue until completion of the appointment.

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B. Such acting appointments shall be made in writing by the City Manager.

C. Compensation shall be at the entrance of the salary range of acting position, or a minimum of five percent (5%) higher than the employee receives, whichever is greater.

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CHAPTER VI - BENEFITS - REGULAR, FULL-TIME EMPLOYEES
SECTION 1. RETIREMENT PLAN
A. The City is a member of the Public Employees Retirement System (PERS). Eligible employees who enrolled in PERS prior to December 31, 2012, are considered "Classic" members and participate in the 2%@55 retirement program. Employees enrolled on or after January 1, 2013, or have a gap of employment greater than 6-months, are considered "PEPRA" members and participate in the 2%@62 retirement program consistent with Assembly Bills 340 and 197 enacted September 12, 2012. All conditions of PERS, apply to all eligible employees of the City of Yucaipa.

B. The pensionable compensation used to calculate the defined benefits paid to PEPRA member employees will not exceed the maximum amount specified in the federal retirement system (United States Code Title 42 4 430(b), as may be amended from time to time); as adjusted annually based on changes to the Consumer Price Index for all Urban Consumers.

C. PEPRA member employees pay 100% of the employee portion of the retirement program or 50% of the "normal cost," defined as that portion of the present value of projected benefits under the defined benefit plan that are attributable to the current year of service (also known as the "Member Contribution Rate as a percentage of payroll"), whichever is higher. Exercising its authority to implement the provisions of section 414(h)(2) of the Internal Revenue Code (IRC), all employee's payments for the retirement program are tax deferred. For PEPRA member employees, the City is prohibited from making contributions greater than the amount specified in the federal retirement system.

D. In accordance with California Public Employees' Retirement Law (PERL) and the City's employer contract with CalPERS, the final compensation is the highest average annual compensation during any consecutive 12-month period of employment for Classic members or the average annual compensation for a consecutive 36-month period of employment for PEPRA members. "Compensation" is defined as the normal monthly rate of pay or base pay for the employee for services rendered on a full-time basis during normal working hours, pursuant to the City's pay schedule. It does not include pay for unused leave balances or overtime pay.

E. Employees are permitted to replenish their Public Employees Retirement Account (PERS) out of their own funds if they have chosen to remove those funds from PERS following termination of previous employment.

F. Regular, full-time employees of the City (and any other City employees that are enrolled in PERS) do not participate in the Social Security system.

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G. Newly retired former employees, or retired employees of another PERS member, are required to sit out for at least 180 days before returning to work for the City to avoid forfeiture of their retired status. Such employees also cannot serve more than 960 hours in a fiscal year. This subsection shall not apply to employees hired to fill a critically needed position, where the appointment has been approved by City Council in a public meeting.

H. Any public official or employee who is convicted of a felony related to performance of his or her official duties, related to seeking an elected office or appointment, in connection with obtaining benefits, or committed against a child who the official or employee has contact with as part of his or her official duties, forfeits all pension benefits earned or accrued after the date of the conviction.

SECTION 2. INSURANCES
A. All employees of the City are covered with basic benefits as required by law, including State Disability Insurance (SDI), Unemployment Insurance, and Worker's Compensation Insurance.

B. All regular, full-time employees are eligible for coverage under the City's medical, dental, vision, and life insurance policies. These benefits may be increased or decreased from time to time at the discretion of the City Council. The City reserves the right to change carriers. No employee has any vested right to any type of insurance coverage or benefits, unless required by law.

C. Employees may choose to contribute pre-tax dollars to the City's authorized optional benefit plans through a written authorization for payroll deductions.

D. The City of Yucaipa covers up to a specific amount (as specified in the applicable Memorandum of Understanding and/or Council -adopted Resolution) of each regular, full- time employee's premiums for health and dental insurance. The City covers 100% of the employee's premiums for vision insurance and basic life insurance.

E. All benefit elections made by an eligible employee are effective for an entire year (January 1 through December 31 for health and July 1 through June 30 for all other coverages) unless the employee experiences an eligible change in status or other event as listed in this policy.

1. Open enrollment. All eligible employees will be notified annually of the open enrollment period(s). Benefit options may be selected and/or changed during this period. Typically, the open enrollment period for health benefits will occur from the third Monday in September to the second Friday in October. Benefits selected during open enrollment will become effective January 1. The open enrollment period for all other coverages typically occurs in the spring and benefits selected during this open enrollment become effective July 1.

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2. Change in status. All eligible employees may change their benefit selections during the plan year if they experience a change in status and the change in benefits is consistent with the change in status. A selection change is consistent if the change is "on account of and "corresponds with" a change in status event that affects eligibility for coverage. Change in status includes:
• Change in marital status
• Change in number of dependents
• Change in employment status
• Change in the eligibility of dependents
• Change in residence that directly affects coverage

3. Family and Medical Leave Act (FMLA). Eligible employees who take unpaid FMLA leave may revoke their benefit selections during their unpaid leave. The eligible employee may reinstate their benefit selections on the same terms and conditions upon return from unpaid leave.

4. Judgement, decree, or order. Eligible employees may revoke or change their benefit selections if a judgement, decree, or order resulting from a divorce, legal separation, annulment, or change in legal custody requires health coverage for an eligible employee's child.

5. Entitlement to Medicare or Medicaid. Eligible employees may revoke or change their benefit selections if the eligible employee, spouse, or other dependent becomes entitled to Medicare or Medicaid.

6. Significant cost or coverage changes. If the cost of an eligible employee's selected health or dental plan increases or decreases during the plan year by more than 20%, the eligible employee may change their selection, or make a corresponding change to any pre-tax contribution they are making.

7. Coverage changes. If the plan coverage that an eligible employee has selected ceases or is significantly curtailed, the eligible employee may revoke their corresponding selection, and/or enroll in a similar plan. Significantly curtailed means that there is an overall reduction in coverage provided by the plan, such as an HMO ceasing to be available in the area that the eligible employee resides.

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F. Health Benefits. The City offers Health Maintenance Organization (HMO) Basic Health Plans, Preferred Provider Organization (PPO) Basic Health Plans, and Exclusive Provider Organization (EPO) Health Plans through the California Public Employee Retirement Systems (Ca1PERS) organization. Specific providers, plans, and rates may change from time to time. All employees will be notified of providers, plans, and rates each year during open enrollment.

G. Dental Benefits. The City offers Dental Insurance benefits. Specific providers, plans, and rates may change from time to time. All employees will be notified of providers, plans, and rates each year during open enrollment.

H. Vision Benefits. The City offers Vision Insurance benefits. Specific providers, plans, and rates may change from time to time. All employees will be notified of providers, plans, and rates each year during open enrollment.

I. Life Insurance Benefits. The City offers Life Insurance benefits for the employee only. Spouses and dependents are not eligible for Life Insurance coverage by the City under this policy.

However, eligible employees may purchase Life Insurance coverage for their dependents.

Specific providers, plans, and rates may change from time to time. All employees will be notified of providers, plans, and rates each year during open enrollment. Life insurance coverage may not exceed $50,000 to be eligible under this policy for pre-tax contributions.

J. Supplemental Insurance Benefits. The City offers Supplemental Insurance benefits for the employee, spouse, and dependents, under this policy. Specific providers and rates may change from time to time. All employees will be notified of providers and rates each year during open enrollment.

K. Cash Out. If an eligible employee receives health insurance coverage through a source outside of the City's benefit plan, they may elect to receive a monthly cash -in -lieu of insurance payment in the amount of $250.00 (as specified in the applicable Memorandum of Understanding) payment as taxable income. In order to be eligible for this cash -in -lieu option, the eligible employee must complete a Medical Declination Statement and provide proof of health insurance coverage acceptable to the City. This form must also be submitted annually during the Open Enrollment period. Eligible employees who become ineligible under other group health plan coverage, due to no fault of their own, are eligible for reinstatement under the City's plan, provided the City is notified within thirty (30) days of the loss of coverage.

1. An eligible employee employed full-time with the City of Yucaipa on or before May 8, 2023, is "grandfathered" into the City's previous flexible benefit plan (as specified in the applicable Memorandum of Understanding).
i. Grandfathered employees receiving the flexible benefit as cash shall be allowed to maintain the benefit. Should an employee elect to participate in the City sponsored medical plan in the future, such election shall be final in that the employee will in PAGE 25
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perpetuity no longer be grandfathered into the City's previous flexible benefit plan and thus will be ineligible to receive the benefit as cash. ii. If a grandfathered employee opts out of the City sponsored medical plan in the future, they will be eligible for the cash -in -lieu payment of $250.00 per month.

SECTION 3. DEFERRED COMPSENSATION PLAN
The City of Yucaipa offers an employee funded deferred compensation program. The City will match the employee's contribution up to 3% of the employee's salary, up to the IRS contribution limits. Information and applications for the deferred compensation program can be obtained from Human Resources.

SECTION 4. RETIREMENT HEALTH SAVINGS (RHS)
The City of Yucaipa offers a Retirement Health Savings (RHS) Program for eligible employees. An RHS is an account that allows a participant to deposit funds, pre-tax, and use those funds upon retirement for eligible medical expenses. The funds are also withdrawn tax-free when used for eligible expenses. The RHS is subject to the following guidelines:
• Employees are eligible to participate in the RHS upon retirement from the City.

Participation is mandatory if an employee retires with eligible leave accrual balances equal to a minimum of 160 hours.
o Eligible accrual balances include vacation, holiday, administrative leave, compensatory time, and others, as applicable.
• Upon retirement, the value of the entire amount of eligible leave balances is deposited into an RHS account. (If, upon retirement, employee does not qualify for participation, then the value of the eligible accrued leave balances will be paid directly to the employee. • Funds in the RHS account shall be used for any eligible medical expenses, including premiums, subject to the program provisions outlined by the IRS.

SECTION 5. SERVICE LEVEL AWARDS
The City of Yucaipa recognizes regular, full-time employees for their years of services based on five-year increments beginning with the fifth year. The City recognizes employees that are eligible for service recognition in December of each year to ensure timely acknowledgment. The service level awards are as follows:

Years of Service
Service Level Award
5 years
Service pin, certificate of appreciation, $25 gift certificate 10 years
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15 years
Service pin, certificate of appreciation, $75 gift certificate 20 years
Service pin, certificate of appreciation, $100 gift certificate 25 years
Service pin, certificate of appreciation, $125 gift certificate 30 years
Service pin, certificate of appreciation, $150 gift certificate 35 years
Service pin, certificate of appreciation, $175 gift certificate 40 years
Service pin, certificate of appreciation, $200 gift certificate SECTION 6. OTHER BENEFITS
A. If a regular, full-time employee retires from the City of Yucaipa, the retiree will be eligible for continued health coverage through PERS. Health plan options and terms of the program are governed through the City's contract with PERS.

B. A surviving beneficiary of a current or former PERS employee will receive benefits through PERS, as appropriate to the individual circumstances. The terms of these benefits are specified in the City's contract with PERS.

Information describing benefits, including plan choices, can be obtained from Human Resources.

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CHAPTER VII - HOURS OF WORK
SECTION 1. WORK SCHEDULE
The City utilizes a 4/10 workweek. Regular, full-time employees shall work four (4) days, ten (10) hours each day, exclusive of meal periods. Most regular, full-time employees will work one of the schedules listed below:

Monday through Thursday 7:00 am to 6:00 pm with a 60-minute meal period Monday through Thursday 7:30 am to 6:00 pm with a 30-minute meal period SECTION 2. ALTERNATE WORK SCHEDULE
Depending on the classification or department, some regular, full-time employees maybe assigned to workdays or hours other than those set forth in Section 1.

SECTION 3. WORKWEEK DEFINED
The work period or work week will begin at 12:00 am on Saturday and end the following Friday at 11:59 pm. The work week shall normally consist of 40 hours of work within this period of seven (7) consecutive days or 80 hours of work within 14 days, except as otherwise provided by law. All employees shall be scheduled to work beginning at regular starting times and ending at regular quitting times.

SECTION 4. WORK WEEK SCHEDULE CHANGE
The City may change the work week when public necessity or convenience so requires. The City shall give the employee appropriate notice of any proposed changes in scheduled work shifts prior to implementation. Whenever possible, said notice shall be two (2) weeks prior to implementation.

Regular work schedules shall not be changed on the day of said change in work schedule for the purpose of avoiding payment of overtime.

SECTION 5. CONFERENCES, HOURS, AND DAYS OF WORK
Employees may be authorized by the City Manager to attend conferences and official business away from the City at full pay. Hours and days of work shall be in accordance with the rules established in Chapter XXI of this document, subject to approval of Human Resources.

SECTION 6. MEAL PERIOD
Pursuant to California Industrial Welfare Commission Wage Orders, public employees are not entitled to meal periods. However, the City still provides and affords non-exempt employees who work more than five (5) hours in a workday, with a nonworking, unpaid meal period. Meal periods shall be 30 minutes, although some employees may opt for a 60-minute meal period. Every effort will be made to schedule such meal periods near the middle of the shift.

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SECTION 7. BREAKS
Pursuant to California Industrial Welfare Commission Wage Orders, public employees are not entitled to rest periods. However, breaks are generally granted. Specific stipulations regarding breaks shall be determined by the Department Head. However, at no time shall breaks be used to extend the lunch period, or at the beginning or end of the workday.

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CHAPTER VIII - APPLICATIONS AND APPLICANTS
SECTION 1. ANNOUNCEMENTS
All recruitments for positions shall be publicized by means as the City deems advisable. The announcements shall specify the title and pay of the position, duties, and responsibilities of the work to be performed, minimum requirements established, the manner of making application, and any other pertinent information.

SECTION 2. APPLICATIONS
Applications shall be made as prescribed on the announcement. Application forms shall require information covering education, training, experience, and other pertinent information. All applications must be signed by the person applying.

SECTION 3. DISQUALIFICATION
The Personnel Officer may reject any application which indicates on its face that the application does not possess the minimum qualifications required for the position or for any material cause which, in the judgment of the Personnel Officer, would render the applicant unsuitable for the position. Falsification of any information presented on the employment application shall be grounds for rejection / disqualification from the recruitment and/or termination from employment if applicant is appointed to the position.

SECTION 4. PROHIBITION AGAINST NEPOTISM
It is the policy of the City to seek the best possible candidates through appropriate search procedures. The City seeks to eliminate or limit even the appearance of impropriety where possible. As such, the City has adopted the following policy regarding application and/or hiring of employee relatives.

For the purpose of this policy, "relative" shall mean a spouse, domestic partner, parent, parent -in- law, stepparent, legal guardian, sibling, stepsibling, sibling -in-law, child, stepchild, child -in-law, legal ward, grandchild, or grandparent.

Each applicant is required to disclose the identity of any relative who is a current employee. An applicant's failure to disclose a relative who is a current employee may result in the rejection of the applicant or future disciplinary action against the applicant after employment, up to and including termination.

Relatives of current employees shall not be hired into positions in which one relative may supervise, directly or indirectly, any other relative. One or more of the following roles, undertaken on a regular, acting, overtime, or other basis shall constitute direct or indirect supervision:

A. Occupying a position in an employee's direct line of supervision.

B. Functional supervision, such as a lead worker, crew leader, or shift supervisor.

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C. Participating in personnel actions including, but not limited to, appointment, transfer, promotion, demotion, layoff, suspension, termination, assignments, approval of merit increases, evaluations, and grievance adjustments.

Relatives of current employees shall not be hired into positions in which one relative may work in a capacity which would allow a current employee to evaluate or control the terms, conditions, and/or performance circumstances of employment of a relative. Relatives of current employees shall not be hired into any position in which the employment of such relative has the potential for adversely impacting the supervision, safety, security, or morale of other employees. The City shall review each applicant who is a relative of a current employee to determine whether hiring the applicant would result in any of the prohibited situations. If the Personnel Officer finds that any of those situations exists, then the applicant may be rejected, or may be considered for employment in a position that does not present the above situations.

Current employees shall not participate, directly or indirectly, in the recruitment or selection process for a position for which a relative is an applicant. Current employees having hiring powers or authority to recommend hires shall not, either directly or indirectly, seek to influence or assist in the hiring of any relative to any position within the City. Current employees shall not participate or interfere in, or otherwise attempt influence, any personnel actions affecting his or her relative including, but not limited to, transfer, promotion, demotion, layoff, suspension, termination, assignments, approval of merit increases, evaluations, and grievance adjustments.

Prohibited Job Assignments. Relatives of current employees shall not be promoted, assigned, or transferred into positions in which one relative may supervise, directly or indirectly, any other relative. One or more of the following roles, undertaken on a regular, acting, overtime, or other basis shall constitute direct or indirect supervision:

A. Occupying a position in an employee's direct line of supervision.

B. Functional supervision, such as a lead worker, crew leader, or shift supervisor.

C. Participating in personnel actions including, but not limited to, appointment, transfer, promotion, demotion, layoff, suspension, termination, assignment, approval of merit increases, evaluations, and grievance adjustments.

Relatives of current employees shall not be promoted, assigned, or transferred into positions in which one relative may work in a capacity which would allow a current employee to evaluate or control the terms, conditions, and/or performance circumstances of employment of a relative.

Relatives of current employees shall not be promoted, assigned, or transferred into any position where the employment of such relative has the potential for adversely impacting the supervision, safety, security, or morale of other employees.

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Change in Status. Current employees must report a change of status to the Human Resources Manager in advance of the effective date where feasible, but in no event later than a reasonable time after the effective date of the change of status. For purposes of this policy, a "change in status" is the change in the legal status or personnel status of one or more current employees.

A. Changes in legal status include, but are not limited to, marriage, divorce, separation, or any such change through which a current employee becomes a relative of another current employee.

B. Changes in personnel status include, but are not limited to, promotion, demotion, transfer, re- assignment, resignation, retirement, or termination of a current employee who is a relative of another current employee.

Within thirty (30) days from receipt of notice, the City shall undertake a case -by -case consideration and individualized assessment of the particular work situation to determine whether the change of status has the potential for creating an adverse impact on supervision, safety, security, or morale. The Human Resources Manager shall make a good faith effort to regulate, transfer, condition, or assign duties in such a way as to minimize problems of supervision, safety, security, or morale. Notwithstanding this, the City retains the right to exercise its discretion to refuse to implement a change in personnel status due to its potential for creating an adverse impact on supervision, safety, security, or morale.

The City shall reasonably monitor and regulate both relatives' conduct and performance for a period of one (1) year from the date of determination. If the City determines that a change of status has caused potential for creating an adverse impact on supervision, safety, security, or morale, the City shall re -visit the prior determination.

Depending on the nature and severity of the situation, the City may transfer one of the relatives to a similar position that would not be in violation of this policy. The transfer will be granted provided the relative qualifies and there is an opening to be filled. There can be no guarantee that the new position will be within the same classification or ay the same salary level. If the situation cannot be resolved by transfer or by good faith efforts to regulate, transfer, condition, or assign duties in such a reasonable way that would not be in violation of this policy, one of the relatives must separate from City employment.

Pre -Existing Relationships. Where situations exist prior to the effective date of this policy that may be in conflict with these rules, reasonable efforts shall be made to address the situation so as to minimize potential problems of supervision, safety, security, or morale and to avoid future conflict.

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CHAPTER IX - EXAMINATIONS
SECTION 1. NATURE AND TYPES OF EXAMINATION
The selection techniques used in the examination process shall measure the knowledge and abilities of the applicants to execute the duties and responsibilities of the position to which they seek to be appointed.

Examinations shall consist of selection techniques which will test fairly the qualifications of the candidates. The Human Resources Manager may select the appropriate examination(s) to be utilized in the selection process.

When a vacancy occurs or is anticipated, the Department Head may request suspension of examination. Examination may be suspended, and appointment made if the City Manager or designee finds that the position requires unique qualifications, examination is impractical, and/or the position can best be filled by the selection of some designated person of recognized attainments.

SECTION 2. PROMOTIONAL EXAMINATIONS
All candidates for promotion must meet the minimum qualifications identified by the Human Resources Manager. The Human Resources Manager will determine whether the examination is open competitive or a promotional appointment.

SECTION 3. CONTINUOUS EXAMINATIONS
Open competitive examinations may be administered periodically for a single position as the needs of the service require. Names shall be placed on employment lists, in order of final scores, for a period of not more than one (1) year, unless extended by the Human Resources Manager.

SECTION 4. CONDUCT OF EXAMINATIONS
The Human Resources Manager and the Department Head will determine the manner and methods and by whom examinations shall be prepared and administered.

SECTION 5. REASONABLE ACCOMMODATION IN TESTING
Should an otherwise qualified applicant who is disabled request a reasonable accommodation for any part of the testing process, the City may modify the process to eliminate the testing barrier.

SECTION 6. BACKGROUND INVESTIGATIONS
Following a conditional offer of employment, each prospective employee shall submit to a criminal background check. The City does not consider, distribute, or disseminate information about any of the following while conducting a criminal background check in connection with a job application: an arrest not followed by a conviction, except when the applicant is out on bail or his/her own recognizance is pending trial, a referral to or participation in a pre-trial or post -trial PAGE 33 Revised 2024-05-13
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diversion program, or a conviction that has been sealed, dismissed, expunged, or statutorily eradicated pursuant to law.

If the City's criminal background check reveals an applicant's prior conviction, the City shall conduct an individualized assessment to determine whether the conviction has a direct and adverse relationship with the specific job duties that may justify denying employment. The following factors shall be considered as part of the individualized assessment: the nature and gravity of the offense or conduct, the time that has passed since the offense or conduct and completion of the sentence, and the nature of the job held or sought.

If the results of the City's individualized assessment justify denying employment, the applicant shall be provided with notice and an opportunity to respond within five (5) business days. Written notice of the preliminary decision to deny employment shall be provided to the applicant. The written notice shall contain the identity of the disqualifying conviction, a copy of the conviction history report, an explanation of the applicant's right to respond to the notice before a final decision is made, notice of the deadline to respond within five (5) business days, and an explanation informing the applicant that the response can include evidence challenging the accuracy of the conviction history report and/or evidence of rehabilitating or mitigating circumstances.

If the City makes a final decision not to hire the applicant based on the conviction history after considering the applicant's response, the City shall provide a final determination notice that includes notice of the final denial, any existing procedure the City has for the applicant to challenge the final decision, and the applicant's right to file a complaint with the Department of Fair Employment and Housing.

SECTION 7. IMMIGRATION REFORM AND CONTROL ACT OF 1986
In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify identity and entitlement to work in the United States by providing required documentation.

SECTION 8. NOTIFICATION OF SELECTION PROCESS RESULTS
Each person competing in an employment selection process shall be given notice of the results from the examination.

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CHAPTER X - EMPLOYMENT ELIGIBILITY LISTS
SECTION 1. EMPLOYMENT ELIGIBILITY LISTS
As soon as possible after the completion of an examination, the Human Resources Manager will prepare and keep available an employment eligibility list consisting of the names of applicants who qualified in the examination, arranged alphabetically.

SECTION 2. REMOVAL OF APPLICANTS FROM LIST
The name of any person appearing on an employment eligibility list shall be removed by the Human Resources Manager if the person eligible requests in writing that his or her name be removed, fails to respond to a notice sent to his or her last known address, or has been certified for appointment and has not been appointed.

SECTION 3. USE OF EMPLOYMENT ELIGIBILITY LISTS
A vacant position may be filled by the appointment of a person whose name is on an employment eligibility list for the position.

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CHAPTER XI - METHOD OF FILLING VACANCIES
SECTION 1. TYPES OF APPOINTMENT
All vacancies shall be filled by re-employment, transfer, voluntary demotion, promotion, from eligible applicants by a process deemed appropriate by Human Resources, or by City Manager appointment.

SECTION 2. APPOINTMENT
After interview(s) and an examination, if deemed necessary for the selection of a candidate, Human Resources or designee shall thereupon notify the person of the conditional offer of employment, subject to passing any required medical examinations and all necessary background investigations.

SECTION 3. TEMPORARY ASSIGNMENTS
Employees may be temporarily assigned higher or lower duties without a change in pay, unless the assignment qualifies under the Action Pay. Such action shall not be deemed as a transfer, demotion, promotion, or reclassification. In all cases where periodic or regular variations in assignments occur because of seasonal needs, the temporary change of duties or a change of the work schedule, of such variations shall be considered as incidental to the position.

SECTION 4. EXTENDED ASSIGNMENT TO VACANT HIGHER POSITION Employees assigned to perform duties in a vacant higher level regular position in excess of twenty- one (21) consecutive calendar days as authorized by Human Resources shall be entitled to a salary rate increase to the higher level for the time actually worked in the assignment (see CHAPTER V, Section 16, Acting Pay). The duration of such assignment to a vacant higher position shall not exceed one (1) year. It is the responsibility of Human Resources to adjust the salary rate increase.

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CHAPTER XII - PROBATIONARY PERIOD
SECTION 1. LENGTH OF PROBATIONARY PERIOD
All initial and promotional appointments shall be tentative pending successful completion of a probationary period of not less than one (1) year of actual service. The probationary period may be extended by the Department Head with the approval of Human Resources. Actual probationary periods may vary depending upon classification.

SECTION 2. OBJECTIVE OF THE PROBATIONARY PERIOD
During the probationary period, an employee may be released from employment by the Department Head without cause and without right of appeal. Notification of release from employment in writing shall be served to the probationary employee and a copy filed in the personnel file. Failure to terminate an employee during his/her probationary period will result in the employee obtaining permanent status.

An employee serving a probationary period after a promotion may be returned to his or her former position if the Department Head feels the employee is incapable of fulfilling the duties of the promoted position after a reasonable period of time and if the former position has not been eliminated and is vacant.

SECTION 3. EXLUSIONS
At -will employees serve at the pleasure of the City Manager and therefore are not subject to a probationary period.

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CHAPTER XIII - ATTENDANCE AND LEAVES
SECTION 1. ATTENDANCE
Full-time employees shall be in attendance in accordance with the rules regarding hours of work, holidays, and leave. Absence of any employee without leave may result in disciplinary action, including discharge.

SECTION 2. VACATION LEAVE
Vacation is a right, earned as a condition of employment, to a leave of absence with pay for the recreation and well-being of the employee. If an employee has exhausted sick leave, vacation may be used for sick leave upon request of the employee and authorization of the employee's supervisor. (a) Employees in regular, full-time positions shall accrue, on a pro-rata basis, vacation leave for completed pay periods. Such vacation allowance shall be available for use on the first day following the pay period in which it is earned, provided an employee has completed six (6) months or its equivalent of continuous service from the employee's benefit date. Vacation allowances are as follows:

Management Employees
Length of Service from Benefit Date Annual Vacation Allowance 6 months — 24 months (2 years) 80 Hours
25 months (3 years) - 108 months (9 years) 120 Hours
109+ months (Greater than 9 years) 160 Hours
All Other Employees
Length of Service from Benefit Date Annual Vacation Allowance 6 months — 48 months (4 years) 80 Hours
49 months (5 years) — 108 months (9 years) 120 Hours
109+ months (Greater than 9 years) 160 Hours
(b) Maximum Accrual. Employees shall be permitted to accumulate a maximum of 500 hours of vacation leave.

If an employee has reached the maximum allowed unused balance and is unable to take a vacation leave due to the demands of the City, the appointing authority will approve a waiver of the maximum allowed unused balance for a period not to exceed one six-month waiver per year. At the end of that six-month waiver period, no additional vacation time shall accrue to the employee.
(c) Vacation Leave Cash Out Option. Employees are encouraged to utilize their negotiated time off benefit. In lieu of vacation time, an employee shall have the right to sell accrued vacation hours back to the City under the following condition:

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i. If an employee has a banked balance exceeding the equivalent of one (1) year of vacation accrual, that employee can opt to sell up to half of a year of vacation accrual. For example, an employee that accrues 80 hours of vacation per year and has accumulated 80 hours in their accrual bank may opt to sell back 40 hours. The option will be administered as follows:

1. Elections are made by completing and submitting a vacation cash out form to Human Resources prior to November 15.

2. Cash out payments will be deposited to the employee's deferred compensation account.

Note that these payments have tax advantages and are subject to other City benefit policies (i.e., City match).

3. Employees may opt to forego the tax advantaged account and the City match by electing to receive a cash payment instead. Note that this option is subject to tax at the supplemental income rate.

4. These payments will be processed in December of each year.

5. Employee leave balances will be updated to reflect the payment concurrently as the payments are made.
(d) The minimum charge against accumulated vacation leave shall be fifteen (15) minutes.

Vacation leave shall be compensated at the employee's base rate of pay. (e) Vacation periods should be taken annually with the approval of the employee's supervisor. The time during a calendar year at which an employee may take his or her vacation shall be determined by the employee's supervisor with due regard for the wishes of the employee and with particular regard for the needs of the City.
(f) All vacation leave requests shall be made with as much advance notice as possible, and prior approval must be given by the employee's supervisor. Written requests for vacation leave shall receive a written response within two (2) weeks of submission. When circumstances warrant, and advance notice is impractical, the employee's supervisor may approve the use of vacation leave for emergency absences. If an employee does not request time off in advance and simply does not show up for work, the employee's supervisor or Human Resources may deny the use of vacation time or any leave accruals and said employee may be subject to disciplinary action. (g) When a fixed holiday falls within a vacation period, the holiday time shall not be charged against an employee's earned vacation benefits.
(h) Upon separation of employment, employees shall be compensated for vacation accrual balances paid out in full or rolled into a Retirement Health Savings Program (RHS) or a PAGE 39
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deferred compensation plan. The vacation balances will be paid at the employee's base rate of pay at the time of their separation from employment.
(i) In December of each year, any employee with unused flex time balances shall have that flex time converted to vacation time.
(j) Employees not Eligible for Vacation. Employees on Unpaid Leave do not accrue Vacation Leave. In addition, all part-time employees, including temporary, emergency, or seasonal do not accrue Vacation Leave.

SECTION 3. PAID SICK LEAVE
All regular employees will accrue sick time as defined below. The purpose of sick leave is to provide time for the diagnosis, care, or treatment of an existing health condition, or preventative care, for an employee or an employee's immediate family as defined by the California Family Leave Act. (a) Full -Time Employees
Full-time employees shall accrue sick leave at the rate of 96 hours per year. Any such leave accrued but unused in any year shall be accumulated for the employee to use in succeeding years. There shall be no maximum limit on the amount of sick leave that may be accrued by a regular, full-time employee.
ii. Sick leave is accrued in equal increments per pay period worked. iii. Upon termination of employment for any cause other than retirement, sick leave is forfeited.

If an employee retires from City service, sick leave may be converted to years of service as regulated by the CAPERS retirement system.
iv. Use of sick leave. An employee eligible for sick leave with pay shall be granted such leave for the following reasons or as otherwise provided by applicable laws and regulations:

1. Illness or physical incapacity of an employee or employee's immediate family.

2. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or an employee's immediate family.

3. To attend legal proceedings, or to obtain medical treatment, counseling, or victim services for domestic violence, sexual assault, or stalking.

4. Enforced quarantine of the employee in accordance with community health regulations. v. Eligibility for paid sick leave shall commence when accrued.

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vi. Observed holidays occurring during paid sick leave shall not be counted as days of sick leave. vii. Sick Leave Rollover Option. In December of each year, employees with sick leave balances exceeding 480 hours may opt to rollover up half of a year of sick leave accrual (48 hours) for contribution to the employee's deferred compensation account. This funding will be calculated as half the following year's sick leave accrual (48 hours) multiplied by a rate of 50% of the hourly rate. The option will be administered as follows:

1. Elections are made by completing and submitting a sick leave rollover form to Human Resources prior to November 15.

2. Rollover payments will be deposited to the employee's deferred compensation account.

Note that these payments have tax advantages. This Sick Leave Rollover contribution to the employee's deferred compensation account is NOTsubject to the City match benefit.

3. Employee leave balances will be updated to reflect the payment concurrently as the payments are made.
(b) Part -Time Employees
i. Part-time employees who are hired to work at least thirty (30) days are eligible for California Paid Sick Leave (CPSL). Eligible employees accrue CPSL on the first day of employment, but do not become eligible to use accrued CPSL until the 90`h day of employment. ii. CPSL maybe taken for below prescribed purposes:

1. The diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or an employee's immediate family.

2. To attend legal proceedings, or to obtain medical treatment, counseling, or other victims' services for domestic violence, sexual assault, or stalking. iii. Accrual. Eligible employees accrue CPSL at a rate of one hour for every 30 hours worked, up to a maximum of 40 hours of CPSL per calendar year. Additionally, accrued but unused CPSL carries over into each year of employment, up to a maximum accrual balance of 80 hours.
iv. Separation of Employment. Upon separation of employment, whether voluntary or involuntary, employees are not entitled to be compensated for unused CPSL. However, previously unused paid sick balance will be reinstated if an employee separates from employment and then is rehired within one year.
v. To the extent possible, employees must provide reasonable advance notice of their need for CPSL under this policy. If the need is not foreseeable, the employee must provide notice as PAGE 41
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soon as practicable. CPSL under this policy will not constitute a break in service for the purpose of City benefits or seniority.
(c) Minimum Use. The minimum charge against accumulated sick leave shall be fifteen (15) minutes or multiples thereof. Approved sick leave with pay shall be compensated at the employee's base rate of pay.
(d) Notification. Sick leave is not a benefit in which an employee may use at their discretion; therefore, sick leave will be authorized only in cases where the request for sick leave is reported promptly and used for an authorized reason. An employee may be required to substantiate any request for the use of sick leave.

On each day of illness, the employee must notify the department within one half (1/2) hour prior to the beginning of the work shift. A message left via text or voicemail does not constitute notification of the department unless specifically permitted. All approvals of sick leave usage shall be made by the Department Head.

Human Resources may investigate any request for sick leave whenever doubt exists as to the validity of a sick leave request. Sick leave may be disallowed if. (1) it is not taken for authorized reasons, and/or (2) the employee fails to provide adequate notice. (e) Restrictions. Sick leave shall not be taken as vacation time.

SECTION 4. OCCUPATIONAL INJURY OR ILLNESS LEAVE
Whenever a person is compelled to be absent from employment with the City on account of injury or illness arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that of the employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee, in such instance, may also elect to use any earned vacation time in like manner after sick leave is exhausted. An employee, in such instance, may also elect to use any earned Floating Holiday hours in like manner after sick leave and earned vacation time is exhausted. Employees shall receive full salary in lieu of Workers' Compensation benefits and paid sick leave for the first twenty-four (24) hours following an occupational injury or illness, if authorized absence is by order of an accepted physician under the Workers' Compensation section of the California Labor Code. (a) Return -to -Work. The City strives to assist employees to return to work as soon as possible following an injury or illness. These Return -to -Work guidelines are not intended to supersede or modify the procedures applicable to employees eligible for reasonable accommodation under the Americans with Disabilities Act (ADA) or leave benefits under the Family and Medical Leave Act (FMLA). These Return -to -Work guidelines apply to employees who are on leave because of an injury or illness and who are receiving workers' compensation benefits.

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These guidelines may also apply to employees who request transitional work following a personal injury or illness.
i. Transitional work is defined as temporary, modified assignments within the worker's physical abilities, knowledge, and skills. When possible, transitional positions will be made available to employees following a work -related injury or illness, or a personal injury or illness, to minimize and eliminate time lost from work. The City cannot guarantee a transitional position and is under no obligation to offer, create, or encumber any specific position for purposes of offering placement to such position. In the event an employee refuses transitional work, and the employee satisfies the restrictions and ability to perform the transitional position, the City is not obligated to provide an alternative position. ii. To obtain a transitional assignment, an employee must provide Human Resources with a medical note from their treating physician with work restrictions and duration of the work restrictions. Human Resources will review the request and medical information to determine if a transitional position is available. The City may require the treating physician to review the job description of the transitional assignment for final approval. The City will determine appropriate work hours, duration, and location of any transitional work assignment. Under no circumstances will the transitional position be considered a permanent position. The assignment will be reviewed every 30 days to determine if both the employee and the City are benefiting from the assignment. iii. Upon approval of a transitional assignment, the City will prepare a document with appropriate duties, hours of work, physical work conditions, and name of supervisor. The employee will be asked to sign the document indicating their acceptance or refusal of the transitional work assignment. If the employee refuses the transitional assignment, they will be required to use their own leave time and may need to request a leave of absence. If the employee is receiving workers' compensation benefits, these benefits may end if the employee refuses the transitional work assignment.
iv. While on a transitional work assignment, an employee must notify Human Resources immediately if the work restrictions change or if the employee is released to return to regular work status.

SECTION 5. BEREAVEMENT LEAVE
When circumstances are such and Human Resources determines that the conditions warrant, pursuant to State law, regular, full-time employees who have been employed for at least 30 days shall be granted up to three (3) paid days of bereavement leave per occurrence, in the event of the death of immediate family or any person that maintains a significant relationship (as specified in the applicable Memorandum of Understanding) with the employee.

Pursuant to California law, employees are eligible for two (2) additional days of unpaid bereavement leave for a total of five (5) days of bereavement leave per occurrence, in the event of PAGE 43
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the death of immediate family. Employees may opt to use other leave balances for the additional "unpaid" bereavement days. If the employee has no paid leave available, the additional time shall be taken without pay.

The paid and unpaid bereavement leave may be used intermittently within 90 days of the qualified death.

The employee may be required to furnish evidence satisfactory to the City of the immediate family's death and the employee's relationship to the deceased family member.

City employees may be excused by Department Heads to attend the funeral of deceased City employees without loss of pay.

SECTION 6. JURY AND WITNESS LEAVE
If a regular, full-time employee is required to serve as a juror, such employee shall receive regular pay, less amounts received while performing jury service. The City will not pay mileage or other additional expenses incurred by jury duty. Employees will be required to provide a Jury Duty Certification form to their supervisor or to Human Resources, to be attached to their time sheet for that time period.

Employees shall be granted leave with pay when subpoenaed to testify as a witness other than as a party or an expert.

Employees absent from work due to jury duty or witness leave must notify their supervisor daily of the status of their leave.

SECTION 7. FAMILY AND MEDICAL LEAVE
To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by state and federal law. (a) Definitions (specific to Family and Medical Leave). i. 12-Month Period means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. ii. Child means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self -care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care, and includes a biological, adopted, or foster child, stepchild, legal ward, or a child of a person standing in loco parentis (in place of a parent).

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iii. Parent means the biological parent of an employee or an individual who stands or stood in loco parentis to an employee when the employee was a child. This term does not include parents -in-law.
iv. Domestic Partner means a person as defined in the Family Code. (b) Reasons for Leave. Leave is only permitted for the following reasons:
i. The birth of a child or to care for a newborn of an employee. ii. The placement of a child with an employee in connection with the adoption or foster care of a child.
iii. Leave to care for a child, parent, or spouse who has a serious health condition. iv. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position.
(c) Employees Eligible for Leave. An employee is eligible for leave if the employee:
i. Has been employed for at least 12 months; and
ii. Has been employed for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.
(d) Amount of Leave. Eligible employees are entitled to a total of 12 work weeks of leave during any 12-month period.
i. Minimum Duration of Leave. If leave is requested for the birth, adoption, or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions.

If leave is requested to care for a child, parent, spouse, or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken.

However, the notice and medical certification provisions of this policy must be complied with.
ii. Spouses Both Employed by the City. In any case in which a husband and wife or domestic partners both employed by the City are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 work weeks during any 12- month period if leave is taken for the birth or placement for adoption or foster care of the PAGE 45
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employees' child (i.e., bonding leave). This limitation does not apply to any other type of leave under this policy.
(e) Employee Benefits While on Leave. If the employee participates in the City's group health plan, the City will maintain coverage under the group health plan during the first twelve weeks of the employee's FMLA / CFRA Leave on the same terms and to the extent the employee would have been covered had the employee continued to work. This applies to the portion of the monthly benefit allotment utilized for the payment of the group health plan premium, including dental and other plans supplemental to the group health plan. If applicable, the employee must arrange with Human Resources for the employee to pay for his/her share of health insurance premiums while on leave; failure of the employee to pay his/her portion of the premium may result in loss of coverage.

If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City shall have the right to recover premiums through deduction for any sums due to the City.

At the conclusion of the 12 weeks, and for the balance of any unauthorized leave, the employee will be required to pay full premium amounts (both employee and City shares) to maintain coverage.
(f) Substitution of Paid Accrued Leaves. While on leave under this policy, as set forth herein, the City may require an employee to concurrently use paid accrued leaves after requesting Family Medical Leave (FMLA) and/or California Family Rights Act (CFRA) leave and may also require an employee to use Family and Medical Care Leave concurrently with a non- FMLA/CFRA leave which is FMLA/CFRA-qualifying.
i. Employee's Right to Use Paid Accrued Leaves Concurrently with Family Leave. Where an employee has earned or accrued paid vacation, administrative leave, or compensatory time, that paid leave may be substituted for all or part of any otherwise unpaid leave under this policy.

As for sick leave, an employee is entitled to use sick leave as set forth in Section 3. (g) Medical Certification. Employees who request leave for their own serious health condition or to care for immediate family who has a serious health condition must provide written certification from the healthcare provider of the individual requiring care if requested by the City.
(h) Reinstatement Upon Return from Leave.

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i. Right to Reinstatement. Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. ii. Employee's Obligation to Periodically Report on His/Her Condition. Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. iii. As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition that made the employee unable to perform his/her job, the employee must obtain and present a fitness -for -duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.

SECTION 8. CALIFORNIA PAID FAMILY LEAVE
California Paid Family Leave is a component of State Disability Insurance (SDI). Unlike SDI, which partially covers employee wage loss during a personal disability, injury, or pregnancy, Paid Family Leave Insurance partially covers employee wage loss for individuals who need to care for a seriously ill family member or bond with a new child. Benefits are available for a maximum of six (6) weeks in a twelve (12) month period. Paid Family Leave and SDI are both administered by the Employment Development Division (EDD) and funded entirely by mandatory payroll deductions.

An employee may elect to receive PFL benefits, if eligible under state law. During any period of time that the employee receives PFL benefits, the employee will no longer be in a paid status for the purpose of maintaining and accruing benefits, unless the leave is concurrently approved under the provisions of the FMLA / CFRA, or as otherwise provided below.

If an employee concurrently is on FMLA or CFRA Leave while receiving PFL benefits, continuation of health benefits and accrual of other benefits shall be subject to the requirements of the FMLA / CFRA Leave provisions set out in the Family and Medical Leave section of this Policy.

As a condition of an employee's initial receipt of PFL benefits during any 12-month period that the employee is eligible for PFL benefits, the following rules apply:
• Vacation, Floating Holidays, and Holiday Leave : Employees shall be required to use up to two (2) weeks of accrued vacation leave or other accrued paid time off (floating holidays and holiday leave), prior to the employee's initial receipt of PFL benefits. In accordance with State law, this includes during the seven-day waiting period.

Sick Leave: Employees may, at their election, use sick leave prior to the employee's initial receipt of PFL benefits.

During any subsequent period that an employee receives PFL benefits, the following rules apply:

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• Vacation, Floating Holidays, and Holiday Leave: Employees shall be required to use any accrued leave, to make up the difference between PFL benefits received and their normal wage rate.
• Sick Leave: Employees may at their election use sick leave prior to the employee's initial receipt of PFL benefits, to make up the difference between the amount of PFL benefits paid and the amount necessary to make the employee whole with respect to compensation during the balance of the employee's leave period.

In no event shall the combined payment of PFL benefits and accrued sick leave result in payment to the employee of more than 100% of his/her normal wage rate.

Benefits will continue to accrue during any period of time that an employee receives PFL benefits, to the extent that City -accrued leave balances are used to make the employee whole with regards to regular compensation. Accruals will be prorated up to the amount of leave used during periods of leave where PFL benefits are paid to the employee. However, if the leave remains subject to the FMLA / CFRA, accrual of benefits will be in accordance with the Family and Medical Leave section above.

SECTION 9. PREGNANCY DISABILITY LEAVE
In accordance with California Government Code Section 12945, a full-time employee is eligible for up to four (4) months of unpaid leave for a normal pregnancy, childbirth, or related medical condition.
(a) During the pregnancy disability leave time, paid leave will be charged to accrued benefit time such as vacation and floating holiday, at the employee's request. In addition, accrued sick leave will be used at the employee's request, in accordance with Section 3. (b) Health insurance benefits shall continue for the duration of the pregnancy disability leave under the same conditions as if the employee had continued employment. If the employee fails to return to work after the period of leave to which the employee is entitled has expired, the City is entitled to recover the premiums paid on behalf of the employee for maintaining coverage.
(c) Human Resources may require the employee to file a physician's certificate or personal affidavit and to provide reasonable notice of the date the leave will begin and estimated duration of the leave.
(d) Employees disabled by pregnancy may also take intermittent leave or be provided reasonable accommodation to continue work.
(e) Employees returning from Pregnancy Disability Leave generally are entitled to be reinstated in the same position, subject to certain conditions, and consistent with applicable law.

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SECTION 10. REPRODUCTIVE LOSS LEAVE
Pursuant to Government Code Section 12945.6, eligible employees may take up to five days of Reproductive Loss Leave following a reproductive loss by the employee, by the employee's current spouse or domestic partner, or by another individual if the employee would have been a parent of a child had the reproductive loss not occurred. "Reproductive loss" means a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.

To be eligible for Reproductive Loss Leave, an employee must have been employed by the City for at least 30 days prior to the commencement of the leave. An employee must complete the Reproductive Loss Leave within three months of the reproductive loss, but if the employee is on an FMLA leave (or any other leave entitlement under state or federal law) prior to or immediately following the reproductive loss, then the employee must complete the Reproductive Loss Leave within three months of the end date of the other leave.

If an eligible employee experiences more than one reproductive loss, the employee may take up to a total of 20 days of Reproductive Loss Leave within a calendar year (up to five days for each reproductive loss). Reproductive Loss Leave may be taken on consecutive or nonconsecutive days.

Reproductive Loss Leave is unpaid, but employees may opt to use accrued leave balances.

The City will maintain the confidentiality of any employee requesting Reproductive Loss Leave and will not disclose such information except to internal personnel or counsel, as necessary, or as required by law.

SECTION 11. ELECTION LEAVE
If a full-time employee does not have sufficient time outside of working hours to vote at a statewide election, the voter may, without loss of pay, take off enough working time, which when added to the voting time available outside of working hours will enable the voter to vote. Part-time employees may be eligible for election leave based upon hours scheduled to work. No more than two (2) hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regular work shift, whichever allows the greatest free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed upon. The employee shall give Human Resources at least two working days' notice that time off for voting is desired.

SECTION 12. LEAVE OF ABSENCE WITHOUT PAY
It is the City's policy that to the extent authorized by federal and state law, all leaves of absence should result in full compensation to the employee to the extent accrued leave balances exist. As a result, it is the intent of the City that except as otherwise expressly authorized herein or prohibited by state or federal law, a leave of absence without pay will not be granted unless and until such time that the employee's accrued leave balances are exhausted. At such time, Human Resources may grant a regular employee a leave of absence without pay for a period not to exceed six (6) months.

No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. Approval will be in writing. Upon expiration of a regularly approved leave or within PAGE 49 Revised 2024-05-13
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a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. Such leave of absence shall not be counted as a break in service for purposes of satisfying the continuous employment requirement for vacation allowance.

An employee on a leave of absence without pay does not accrue sick leave or vacation time. Such employee does not lose or forfeit any sick leave or vacation time that had been accumulated prior to the leave of absence.

An employee on an approved leave of absence without pay may continue medical insurance coverage by paying the full premium to the City in advance for each month, or portion thereof, of which he or she is absent. At the City Manager's discretion, exceptions may be made to the City's premium recovery in cases of serious illness or injury.

SECTION 13. MILITARY LEAVE
Military leave shall be granted to City employees in accordance with the provisions of current federal and state law.

SECTION 14. ADMINISTRATIVE LEAVE
Administrative Leave shall be available on a calendar year basis to the following employees:

Department Heads 80 hours
Managers and Supervisors 40 hours
New eligible employees beginning service during the calendar year shall receive Administrative Leave on a prorated basis as follows:

If Service Begins Prior To: Department Heads Shall Receive Managers & Supervisors Shall Receive March 31 60 Hours 30 Hours
June 30 40 Hours 20 Hours
September 30 20 Hours 10 Hours
In special circumstances, the City Manager is authorized to modify Administrative Leave allotments on a case -by -case basis.
(a) Accrual. At the time of the first payroll of each calendar year, eligible employees shall accrue their full allotment for the year, according to the schedule above. (b) The use of Administrative Leave shall be subject to the following principles and guidelines:
i. While not hourly employees, it is anticipated that Managers and Supervisors will be available to work a minimum of ten hours per normal workday and 40 hours per normal workweek.

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ii. A normal workday shall begin no later than 7:30 am and end no earlier than 6:00 pm.

Variances to this schedule may occur, subject to the approval of the City Manager or his/her designee.
iii. Cumulative absences occurring during a normal workday that exceed 30 minutes in length shall be substantiated with an appropriate leave form. In lieu of normal vacation, sick, or other appropriate leave, an eligible employee may use Administrative Leave. iv. Administrative Leave may not be commenced prior to approval by the employee's supervisor.
v. Use of Administrative Leave is not restricted and may be taken in blocks of time up to and including the amount of time available in the payroll records. vi. Leave shall be taken at such time as will not impair the work schedule or efficiency of the department, but with consideration given to the wellbeing of the employee. vii. Available leave hours shall not be accrued beyond the end of the calendar year. (c) Administrative Leave Buyout Provision. In November of each year, eligible employees may determine to receive in cash an amount up to 40 hours of available leave. This provision shall result in an automatic payment of available hours, up to 40, in December. If an employee's service is terminated prior to the end of the calendar year, the buyout provision will be prorated per the following schedule:
i. If an employee's service terminates prior to June 30, the buyout maybe up to 10 hours. ii. If an employee's service terminates after June 30, but prior to September 30, the buyout may be up to 20 hours.
iii. If an employee's service terminates after September 30, but prior to December 31, the buyout may be up to 30 hours.

SECTION 15. TERMINAL LEAVE
In the event a permanent employee terminates service with the City, terminal pay equivalent to vacation and holiday days accrued will be granted.

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CHAPTER XIV - HOLIDAYS
All regular, full-time employees shall be entitled to the following paid holidays:
• Martin Luther King Jr. Day (Third Monday in January)
• President's Day (Third Monday in February)
• Memorial Day (Last Monday in May)
• Independence Day (July 4')
• Labor Day (First Monday in September)
• Columbus Day (second Monday in October)
• Veteran's Day (November 111h)
• Fall Closure (Wednesday preceding Thanksgiving Day)
• Thanksgiving (fourth Thursday in November)
• Winter Closure (the days between Christmas Eve and New Year's Day - December 24 through January 1)
• Floating Holiday (2 days per calendar year at employee's discretion; does not roll over; shall not be compensated in money at any time)
City defined holidays which fall on a Friday or Saturday shall be observed the preceding workday.

Holidays which fall on a Sunday shall be observed the following Monday. This applies to all holidays observed, with the exception of the Fall and Winter Closures. Any regular, full-time employees regularly assigned during any of the Fall or Winter Closure dates shall be available to respond to emergencies including standby and call-backs. Employees who are called back to work or assigned to standby duty on any closure date shall receive their call-back and/or standby compensation in accordance with this Manual.

To receive holiday pay for a City holiday, employees must be on the payroll during the entire pay period during which such City holiday fell. "Entire pay period" shall mean that an employee must have been hired prior to or at the start of the pay period and not have separated prior to the end of the pay period and was paid for at least one-half (1/2) of the accountable hours.

Whenever a non-exempt employee is required to work on a City holiday, the employee shall receive ten (10) hours holiday pay. In addition, they shall receive time and one-half (11/2) for actual hours worked.

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CHAPTER XV - CHANGES IN EMPLOYMENT STATUS
SECTION 1. TRANSFER
An employee may be transferred by the City Manager at any time from one position to another position. No person shall be transferred to a position for which he/she does not possess the minimum qualifications. A transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction; each of which may be accomplished only as provided in these rules.

SECTION 2. PROMOTION
When practical and consistent with the best interests of the City, vacancies may be filled by promotion. All candidates for promotion must meet the minimum qualifications identified by the City Manager or Designee.

If, in the opinion of the City Manager or Designee, a vacancy in the position could be filled better by an open, competitive recruitment instead of a promotional appointment, he/she shall arrange for an open competitive examination.

SECTION 3. DEMOTION
The City Manager may demote an employee whose ability to perform his/her required duties falls below standard or a regular employee for disciplinary cause. No employee shall be demoted to a position for which the employee does not possess the minimum qualifications.

SECTION 4. SUSPENSION
The City Manager may suspend an employee at any time for cause.

SECTION 5. RECLASSIFICATION
The City Manager may reclassify a position from one position to another if there has been a gradual accretion or reduction of duties and/or responsibilities over time.

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CHAPTER XVI - SEPARATION FROM EMPLOYMENT
SECTION 1. JOB ABANDONEMENT
An employee may be deemed to have resigned if the employee is absent for three (3) consecutive workdays without prior authorization and without notification during the period of absence. On the second working day of unauthorized absence, Human Resources shall send an overnight letter to the employee's last known address informing the employee that if the employee fails to report to work within one (1) workday, or receive authorization for such absence, the employee may be deemed to have resigned, and extending to the employee an informal pre -disciplinary conference.

At the City Manager's discretion, employees separated from employment for job abandonment may be reinstated with such charge removed from the employee's record upon presentation of justification for absence such as severe accident, severe illness, or mental or physical impairment which prevented notification. Employees have no right to appeal if deemed to have resigned as a result of job abandonment unless the employee is entitled to appeal under a bargaining an applicable Memorandum of Understanding.

SECTION 2. DISCHARGE
The City Manager may discharge any City employee at any time for cause (except at -will employees who may be discharged at any time for any reason). Any employee in the competitive service who has been discharged is entitled to rights provided in CHAPTER XIX.

SECTION 3. LAYOFFS
The City Manager may lay off an employee at any time because of change in duties or organization or shortage of work or funds.

A. Notification. Employees to be laid off shall be given at least two (2) weeks prior notice.

B. Order of Layoff. In the event of a layoff, those employees with the least service in the affect classification shall be laid off first; if a recall begins, the most senior employees laid off in the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur. The order of layoff shall be:

Temporary, part-time, or seasonal employees in the affected classification shall be laid off first.

2. Probationary employees in the affected classification shall be laid off next.

Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees in the classification, department, or section who have the ability to perform the work available.

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be automatically placed on a reemployment list for one year for the classification from which they were laid off.

SECTION 4. RESIGNATION
An employee wishing to leave the City service in good standing shall file with the supervising official at least ten (10) working days before leaving the service, a written resignation stating the effective date. Failure to give such notice shall mean the employee did not terminate in good standing, unless the City Manager has waived the notice requirement. Failure to comply with this Chapter shall be entered on the service record of the employee and be cause for denying future employment by the City. A resignation becomes final when accepted by the City Manager and only at the City Manager's discretion can be withdrawn.

SECTION 5. EXIT INTERVIEW
The Department Head or City Manager may conduct or have conducted an exit interview, if in their opinion information can be gained which will improve or enhance present operating procedures.

SECTION 6. REINSTATEMENT
An employee who has resigned, or has otherwise been separated while in good standing, may be considered for reinstatement by the City Manager, to a position in the former employee's same or comparable position for two (2) years after resignation or separation provided such a position is vacant and available. The employee shall be reinstated to the salary range and step held at the time of resignation or separation and shall receive a new anniversary date which shall be the first date of employment upon reinstatement.

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CHAPTER XVII - REPORTS AND RECORDS
SECTION 1. GENERAL
The City maintains a personnel file on each employee. An employee's personnel file shall contain only material that is necessary and relevant to the administration of the City's personnel program.

Personnel files are the property of the City and access to the information they contain is restricted SECTION 2. NOTIFYING CITY OF CHANGES IN PERSONAL INFORMATION Each employee is responsible to promptly notify Human Resources of any changes in relevant personal information, including:
• Mailing address
• Telephone number
• Persons to Contact in an Emergency
• Number and Names of Dependents
SECTION 3. LOCATION OF PERSONNEL FILES
The personnel files will be kept secure and confidential by Human Resources.

SECTION 4. MEDICAL INFORMATION
Separate Confidential Files. All medical information about an employee or applicant is kept separately and is treated as confidential, in accordance with federal and state law.

Information in Medical Files. The City will not obtain medical information about an employee or applicant except in compliance with the California Confidentiality of Medical Information Act.

Access to Medical Information. Access to employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for City business reasons. In the case of an employee disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations, but not on the diagnosis of a medical condition.

SECTION 5. REFERENCES AND RELEASE OF INFORMATION IN PERSONNEL FILES Public Information. Upon request, the City will release to the public information about its employees as required by the Public Records Act. The City will not disclose personnel information that it considers would constitute an unwarranted invasion of personal privacy.

Reference Checks. All requests from outside the City for reference checks or verification of employment concerning any current or former employee must be referred to Human Resources.

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Information will be released only if the employee signs an authorization for release of employment information, except that without such authorization, the following limited information will be provided: dates of employment and salary upon departure.

SECTION 6. EMPLOYEE ACCESS TO PERSONNEL FILE
An employee may inspect his or her own personnel file at reasonable times and at reasonable intervals. An employee who wishes to review his or her files should contact Human Resources to arrange an appointment. The review must be done in the presence of the Human Resources Manager.

SECTION 7. DESTRUCTION OF RECORDS
Personnel files, payroll records, and records relating to personnel recruitment, including correspondence, applications, examinations, and reports will be destroyed according to the City's Records Retention Schedule.

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CHAPTER XVIII - GRIEVANCE PROCEDURES
SECTION 1. DEFINITIONS
A. Grievance. Except as otherwise excluded, a "grievance" is an allegation by an employee, submitted as herein specified, claiming violation(s) of the specific express terms and/or interpretations of this Manual and for which there is no other specific method of review provided by City law.

B. Grievant. A grievant is an employee or group of employees adversely affected by an act or omission of the City.

C. Day. A day is any day the City is open to the public, that is any day except Fridays, Saturdays, Sundays, and legal holidays recognized by the City.

SECTION 2. PROCEDURE
A. Step A: Informal Discussion. The grievant shall discuss the controversy with their supervisor on an informal basis in an effort to resolve the situation. The issue will be considered resolved if not presented to their supervisor within ten (10) working days following the date the employee knew or should have known the event occurred upon which the controversy is based.

The supervisor shall respond within five (5) working days following the meeting with the grievant. Failure of the supervisor to respond within such time limit shall entitle the grievant to process the controversy to the next step.

B. Step B: First Level of Review. If the controversy is not settled at Step A, the grievant may submit the grievance in writing to their supervisor within ten (10) working days of the receipt of the grievance response at Step A. Failure of the grievant to deliver the written grievance shall constitute a waiver of the grievance. The supervisor shall meet with the grievant and a written decision and statement of the facts and issues shall be rendered to the grievant within ten (10) working days from the date of the written grievance. Failure of the supervisor to respond within such time limit shall entitle the grievant to process his/her grievance at the next level of review.

If the supervisor is the subject of the grievance, the grievance shall be submitted to Human Resources instead of the supervisor.

C. Step C: Second Level Review. If the grievance is not settled at Step B, the grievant may place the grievance in writing to and present it to Human Resources within ten (10) working days from the receipt of the Step B grievance response. Failure of the grievant to deliver such written notice shall constitute a waiver of the grievance. Human Resources shall hear the grievance and a written decision and statement of facts and issues shall be rendered to the grievant within ten (10) working days. If Human Resources is the subject of the grievance, the grievance shall be submitted to the City Manager instead of Human Resources.

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D. Step D: Final Review: If the grievance is not settled at Step C, the grievant may submit the grievance in writing to the City Manager within ten (10) working days from the receipt of the Step C grievance response. Failure of the grievant to deliver such written notice shall constitute a waiver of the grievance. The City Manager shall hear the grievance and a written decision and statement of facts and issues shall be rendered to the grievant within ten (10) working days.

The decision of the City Manager shall be final and binding.

SECTION 3. EXLUSIONS
A. The procedure is not to be used for the purpose of resolving complaints, requests, or changes in wages, hours, and working conditions.

B. The procedure is not to be used to challenge the content of employee evaluations or performance reviews.

C. The procedure is not to be used to challenge the decision to reclassify, layoff, deny reinstatement, or deny a step or merit increase to an employee.

D. This procedure is not to be used in cases of oral reprimand, written reprimand, reduction in pay, demotion, suspension, or termination.

E. This procedure is not to be used to challenge violation of law.

F. This procedure is not to be used to challenge examinations or appointment to positions.

SECTION 4. REPRISALS
Employees shall be ensured freedom from reprisal for using the grievance procedure.

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CHAPTER XIX - DISCIPLINARY PROCEDURE
Nothing in this Manual is intended to alter the employment status with the City. The City reserves the right to terminate any employment relationship, to demote, and to otherwise discipline an at - will employee without resort to the disciplinary procedures outlined below.

SECTION 1. TYPES OF DISCIPLINARY ACTION
A. Oral Warning. A formal discussion with an employee, by the employee's supervisor or Human Resources, about performance or conduct problems, the need for the employee to improve and what specific improvement is expected. The supervisor or Human Resources shall make a written record of the warning. The employee may file a written response within ten (10) working days of the formal discussion.

B. Performance Improvement Plan (PIP). A formal written notice to the employee regarding performance or conduct problems, the need for the employee to improve and what specific improvement is expected. The Performance Improvement Plan goes into the employee's file.

The employee may file a written response within ten (10) working days of receiving the PIP.

C. Suspension. Removal of an employee from duty without pay for a specified period of time.

D. Reduction in Pay. A reduction in pay from the employee's current salary to a lower salary step within the classification pay range.

E. Demotion. A reduction in position title and salary.

F. Dismissal or Discharge. Separation from employment of an employee for cause.

SECTION 2. GROUNDS FOR DISCIPLINARY ACTION
Grounds for discipline for employees include, but are not limited to, the following:

A. Fraud in securing employment or making a false statement on an application for employment.

B. Incompetency — the inability to comply with the minimum standard of an employee's position for a significant period of time.

C. Inefficiency or inexcusable neglect of duty — failure to perform duties required of an employee within his/her position.

D. Willful disobedience or insubordination — a willful failure to submit to duly appointed and acting supervision to conform to duly established orders or directions of persons in a supervisory position or insulting or demeaning a fellow employee.

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E. Dishonesty.

F. Possession, distribution, sale, use, or being under the influence of alcohol or illegal drugs or narcotics while on duty or while operating a vehicle in the course of City business or potentially dangerous equipment leased or owned by the City.

G. Excessive absenteeism.

H. Inexcusable absence without leave.

I. Abuse of sick leave — taking sick leave without a doctor's certificate when one is required, or misuse of sick leave.

J. The conviction of either a misdemeanor or a felony related to the position held will constitute grounds for dismissal of any employee. The record of conviction will be conclusive evidence of the fact that conviction occurred. Human Resources may inquire into the circumstances surrounding the commission of the crime in order to support the degree of discipline. A plea or verdict of guilty, or a conviction showing a plea of nolo contendere is deemed to be a conviction within the meaning of this Section.

K. Discourteous treatment of the public or other employees.

L. Improper or unauthorized use of City property.

M. Refusal to subscribe to any oath or affirmation which is required by law in connection with agency employment.

N. Any willful actor conduct undertaken in bad faith, either during or outside of duty hours which is of such nature that it causes discredit to the City.

O. Inattention to duty or negligence in the care and handling of City property.

P. Violation of the rules and regulations of the City.

Q. Mental or physical impairment which renders the employee unable to perform the essential functions of the job, with or without reasonable accommodation or without presenting a significant current risk of substantial harm / threat to the health and/or safety of self or others.

R. Outside employment not specifically authorized.

S. Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation to an employee for the performance of his or her official duties.

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T. The refusal of any officer or employee of the City to testify under oath before any Grand Jury having jurisdiction over any then pending cause of inquiry in which the investigation of government bribery or misconduct in agency office is involved shall constitute of itself sufficient ground for the immediate discharge of such officer or employee.

U. Willful violation of any of the provisions of an ordinance, resolution, rule, regulation, or policy prescribed by the City.

V. Improper political activity. Example: campaigning for, or espousing the election or non - election of, any candidate in national, state, county, or municipal elections while on duty and/or during working hours, or in City uniform or displaying the City logo on or off duty; or the dissemination of political material of any kind while on duty and/or during working hours or in uniform.

W. Working overtime without authorization.

X. Possession of weapons on City owned or occupied property without authorization of the City Manager.

Y. Making false or malicious statements concerning any employee, the City, City management, or the City's policies or practices that have a nexus to the City.

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CHAPTER XX - PERFORMANCE EVALUATIONS
SECTION 1. GENERAL
Performance evaluation is the process of evaluating and recording the performance of each employee. The performance evaluation is best used:

A. To maintain a high level of efficiency or assist in raising efficiency by commending the employee.

B. To indicate to the employee those points in which he/she shows weak performance and suggest the proper means of raising his/her working performance to the standard level.

C. To inform the employee of good performance.

D. To encourage better working relationships and mutual understanding by letting the employee know where he/she stands with relation to City management's evaluation of his/her work.

E. To establish annual goals and tasks to be accomplished.

SECTION 2. RESPONSIBILITY FOR EVALUATION
The employee's supervisor is responsible for proper preparation of the performance evaluation for each employee. The supervisor should carefully review the complete position description, and the goals and objectives for the employee, if any, before beginning each evaluation, to remind himself/herself of what should be expected from the employee.

SECTION 3. DISCUSSION WITH EMPLOYEE
The performance evaluation must be discussed with the employee. During the interview, as well as in the performance evaluation documentation, special attention should be given to discussing specific ways in which the employee can improve his/her performance. An opportunity should also be afforded the employee to comment and bring up any questions he or she may have SECTION 4. SCHEDULE
Performance evaluations should be done on an annual basis. Evaluations for new employees are to be presented at the end of the first twelve (12) months, and annually thereafter. Performance evaluations and discussions with the employee shall be completed within one week of the conclusion of the evaluation period.

In addition to the annual performance evaluation, supervisors should provide ongoing feedback to employees to acknowledge good performance and coach employees on areas of poor performance.

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SECTION 5. APPEAL PROCEDURE
It is the intent of the City to offer fair and equitable appeals procedures for employees' performance evaluations. Below are the official guidelines.

A. Employee and supervisor meet to review and discuss the employee's performance evaluation.

B. The employee may respond in writing to the contents of the evaluation. The employee must submit this response to the supervisor within ten (10) working days immediately following receipt of the evaluation. The decision shall be rendered in writing by the supervisor within fifteen (15) working days.

C. The decision of the supervisor may be appealed to Human Resources within ten (10) working days immediately following receipt of the decision. Human Resources shall respond within fifteen (15) working days and the decision of Human Resources shall be final.

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CHAPTER XXI - VEHICLE USE
The City of Yucaipa has an adopted Vehicle Use Policy to establish guidelines for the appropriate use of vehicles in the execution of City related business. This policy applies to all employees, officials, contractors, volunteers, or anyone else acting on behalf of the City.

SECTION 1. GENERAL PROVISIONS
A. City vehicles are available for the efficient and effective execution of City related business. The use of City vehicles is a matter of public trust and requires all such employees to maintain a special awareness of that trust. Each employee must avoid a conflict or appearance of conflict between public employment and their private lives. They must avoid any action, whether or not specifically prohibited by this or other instructions or law, which results in, or can reasonably be expected to create, the appearance of wrongdoing. The Vehicle Use Policy shall be applicable to all employees except for those with whom the City has contractual obligations.

B. No passenger will be allowed in any City vehicle other than those whose presence is necessitated by official business, except where approval is given in advance by the Department Head.

C. Employees maybe permitted to retain a City vehicle at their residence, subject to the conditions and provisions outlined in this policy. Employees who are permitted to retain a City vehicle overnight as a source of transportation to respond to emergencies and travel to and from work will not use it for any other purpose, allow others to use the vehicle, or allow others to ride as passengers in the vehicle without approval of the Department Head.

D. City vehicles must, at all times, be operated in a responsible and prudent manner in accordance with state and local laws.

E. Operators and occupants will utilize seat belts provided.

F. Employees will be personally responsible for any traffic violations issued to them while operating City vehicles.

G. Out -of -State use shall be approved by the City Manager, or designee.

SECTION 2. ACCIDENTS
A. If injuries occur, notify local law enforcement. If not injured, stay at the scene until all investigations have been completed. Immediately attempt to ascertain names and addresses of witnesses to the accident.

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B. Give no information or sign anything except that is required by law (driver's license, vehicle registration) and do not sign anything for anyone except those persons representing the City of Yucaipa.

C. Notify the Department Head as soon as possible, giving the location and the extent of damage.

SECTION 3. ASSIGNMENT OF VEHICLES
Category I: 24-hour retention
This amounts to a full-time assignment. Subject to the approval of the Department Head, employees authorized such use may retain their cars at home when off -duty, contingent upon the need to respond to emergencies and the location of residence. Employees who reside outside of the City limits shall not be eligible for retention, pursuant to this category, without the written approval of the City Manager. Relocating a residence beyond the City limits may result in an immediate revocation of the 24-hour retention privilege.

Category II: Duty hour retention
Vehicles assigned to a department. Use is limited to duty hours and vehicles are normally housed at approved City facility; vehicles may be occasionally driven home when it is in the City's best interest, with the approval of the Department Head.

No personal use of City vehicles is permitted.

SECTION 4. INSURANCE
A. Employees who use their own automobiles in the performance of their duties must carry automobile liability insurance at least equal to the minimum requirements of the California Vehicle Code. Employees who do not meet the above requirements shall not be permitted to use private vehicles on City business until such requirements are met. Department Heads are responsible for enforcing this limitation. Proof of insurance is required before any privately owned vehicle can be authorized for City business, and shall be provided to Human Resources annually thereafter, no later than January 31 of each year or upon request.

B. In the event of an accident in the employee's personal vehicle, the employee is responsible for paying any deductibles the insurance company may require.

C. The City shall not be responsible for any increase in the employee's personal automobile insurance premium as a result of an accident.

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D. If an employee's personal automobile insurance coverage is canceled, terminated, lapsed, or for any other reason curtailed, the immediate supervisor must be notified by the employee and the vehicle shall not be used for City business.

E. Should an employee using his/her privately owned vehicle on City business be involved in an accident resulting in injury or property damage, the employee's own insurance carrier shall respond to defend the employee. Should a claim exceed the limits of the employee's liability insurance coverage, the City's liability insurance coverage program would respond in an excess capacity if the accident qualifies as a covered occurrence.

SECTION 5. DRIVER'S LICENSE
A. All City employees authorized to use City owned or privately owned vehicles on City business must possess a valid California driver's license and provide proof of licensing upon hire.

B. All City employees must maintain a driver's license appropriate for the class of vehicle to be driven.

C. An employee whose driver's license is suspended or revoked for any reason must notify their supervisor no later than the first workday following the suspension or revocation of their driver's license. Such employee shall not be allowed to operate any City owned or privately owned vehicle on City business.

D. Employees who possess temporary driving permits or hardship licenses shall not be permitted to operate City or privately owned vehicles in the performance of office City duties.

SECTION 6. REVIEW OF DRIVING RECORD
A. The City shall enroll employees that operate City owned or privately owned vehicles on City business in the Department of Motor Vehicles (DMV) Pull Notice Program. When a vehicle operator has received a violation, the DMV assigns points according to the type of violation, and automatically sends notification to the City.

B. In compliance with Vehicle Code Section 1808.47, all information received from the DMV shall be used solely for the intended purpose and kept in loved storage. Under no circumstances shall addresses or other information be given to a third party.

C. Employees who have an accumulation of four or more points in a 12-month period, or six in a 24-month period, or eight in a 36-month period, may have City driving privileges suspended at the discretion of the Department Head. Human Resources shall notify the Department Head when a driving record meets this threshold.

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D. Employees involved in additional preventable accidents of have a disqualifying action taken against their driver's license shall be subject to disciplinary action, the severity of which will be determined by the nature of the offense and the employee's past driving and disciplinary action records.

E. An employee who has been determined to be involved in two or more preventable accidents within a 36-month period while operating a City owned or privately owned vehicle in the performance of official City business shall be subject to disciplinary action up to and including suspension of City driving privileges.

F. Any conviction resulting from driving while under the influence of drugs or alcohol (DUI) or refusal to submit to a lawful roadside sobriety test shall result in disciplinary action up to and including suspension of City driving privileges.

G. Intentional abuse, moving violations, reckless operations, or negligent actions while operating any vehicle may result in the suspension of the employee's driving privileges, and is grounds for further disciplinary action.

H. Temporary or permanent suspension of City driving privileges for employees whose position requires operation of a vehicle shall be considered a loss of the ability to perform an essential job function.

I. If an employee has City driving privileges suspended, the City shall attempt to arrange for the employee to perform the essential functions of the job. If such accommodation is not possible or created an unreasonable hardship for the City or coworkers, loss of City driving privileges shall be considered just cause for reassignment to a position that does not require operation of a vehicle at a pay rate commensurate with that position. If no such position is open, the employee may be accommodated with approved leave or terminated.

SECTION 7. STORAGE OF VEHICLES
A. City Storage Locations. City vehicles, other than Category I, must be parked overnight at approved storage locations. Permission to garage at other locations must be obtained from the Department Head.

B. At Home. City vehicles authorized to be garaged at private residences will be stored off the street and undercover, if possible.

SECTION 8. VIOLATIONS, RULES, AND REGULATIONS
Failure to comply with any of these rules and regulations will be subject to disciplinary action, up to and including termination.

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SECTION 9. USE OF ELECTRONIC DEVICES
Employees shall refrain from operating cellular devices, laptop computers, tablets, navigational devices, and any other device that may cause vehicle operator distraction while operating a City owned pool or privately owned vehicle in the course of conducting City business. Such employees shall make every attempt to properly park their vehicle or use a hands -free device when using such equipment.

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CHAPTER XXII - TRAVEL
SECTION 1. GENERAL
Employees are expected to exercise good judgment in the use of City funds while on official travel to minimize the total cost to the City. All employees, with prior written approval of their Department Head, shall be eligible for a travel expense allowance/reimbursement as specified by the following:

A. Local Travel. Expense claims for use of private automobiles must be submitted to Human Resources for approval. Such use will be reimbursed at the standard mileage rate as set by the IRS for all business miles. Mileage will be calculated round-trip from City Hall to the location(s). if an employee drives his/her own vehicle, they must provide proof of adequate liability insurance.

B. Out of Town Travel. Employees will make reservations for travel covered by this policy and the City will prepay for transportation, registration, and lodging whenever possible. If an employee wishes to make his/her own arrangements, or prepaying for transportation, registration, or lodging is not available, the employee will be reimbursed subject to the restrictions below. If, in the judgement of Human Resources, the estimated expense for contemplated travel out of the City is too high to expect the employee to finance the trip and be reimbursed upon their return, Human Resources may authorize advance payment of the estimated amount to the employee, to be reconciled upon his/her return. The employee must immediately reimburse the City for any amount of such an advance for which there is no receipt, or which does not meet the requirements of this policy. The advance shall not exceed $150/day of travel.

1. Use of personal vehicles for trips out of town may be approved by Human Resources when use of commercial transportation is not practical. Compensation for mileage is not to exceed airfare cost.

2. Employees shall use government or group rates for transportation whenever available. If such rates are not available, employees shall be prudent in booking travel to find the lowest rate possible to serve the purpose of traveling and all such travel must be in coach.

3. Airport shuttles, public transit, and/or ride -sharing services should be used whenever available. Rental vehicles are only permitted when other transportation is unavailable or when it is the most economical mode of transportation. Advance reservations should be made whenever possible.

4. When lodging to be reimbursed is for an organized conference, the reimbursement cannot be more than the group rate published by the conference, assuming it is available at the time the reservation is made. If the group rate is not available (or there is no group rate), then the employee should seek the government rate. If neither the group nor the PAGE 70
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government rate are available, the maximum which may be paid per night for lodging in California is $300, or up to $500 in higher cost areas, unless approved in advance by the City Manager.

5. Expenses for meals will be reimbursed at actual costs; however, reimbursement shall not exceed the per diem rates set forth by the U.S. General Services Administration. There will be no reimbursement for the cost of alcohol, or for spouse/guest meals.

6. When an employee takes a spouse or other guest on an official trip, the employee will be personally responsible for all of the guest's expenses and will be reimbursed only for the expenses the employee would have incurred traveling alone. All reimbursements pursuant to this policy will be shown on a separate itemized receipt attached to the expense statement.

C. Pay for Travel. For non-exempt (hourly) travelers, required travel time to the event on workdays during normal working hours will be counted as time worked. Generally, travel time to the event on City business is limited to the actual dates of a function plus reasonable travel time, not to exceed a maximum of twenty-four (24) hours before and/or after the function. No overtime will be provided for travel time to and from the event, other than that mandated by the Federal Fair Labor Standards Act ("FLSA") requirements. Supervisors and employees must be aware of the FLSA requirements when arranging travel for all non-exempt (hourly) travelers. Travel -related overtime in connection with travel on City business requires authorization from Human Resources.

D. Extended Travel. For in -state, out-of-state, and international travel, upon prior approval by their supervisor, the employee may stay in advance or stay beyond the time required for business purposes. Such time must be charged to an available leave balance, such as vacation, for the individual traveler. If the extended stay requires the use of the traveler's leave balances, the usage of these leave balances must be pre -approved by the employee's supervisor.

SECTION 2. ENFORCEMENT
Misuse of public resources or falsifying expense reports in violation of this policy may result in any, or all, of the following:
0 Discipline up to and including termination.
• Loss of reimbursement privileges.
• Payment of restitution to the City.
• Civil penalties.
• Prosecution for misuse of public resources.

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CHAPTER XXIII - PROFESSIONAL DEVELOPMENT
SECTION 1. TRAINING
Employees of the City are eligible to request specialized training in the form of symposiums, special courses, forums, professional association meetings, etc., at the City's expense.

SECTION 2. TUITION REIMBURSEMENT PROGRAM
The City of Yucaipa believes that formal education has a positive impact on an employee's contributions to the City. The City supports self -development and education efforts by providing reimbursements for many of the expenses associated with continuing education courses and/or programs through this Tuition Reimbursement Program.

A. Eligibility. Any regular, full-time employees who have completed one continuous year of full- time employment, have passed probation, and are not under a Performance Improvement Plan may be eligible for this Tuition Reimbursement Program. Employees may pursue a degree or professional certification, or take individual college credit courses, or continuing education courses, provided the course of study reasonably contributes to the employee's professional development, pertains to a legitimate function of municipal government, and the City approves the course(s).

An employee must secure a passing grade of "B," or its equivalent, or obtain a certification to receive any reimbursement. Expenses may be validated by receipts and a copy of the final grade or certification received.

B. Reimbursement Limit. The City may reimburse an employee up to $1,500.00 per fiscal year for tuition and/or books for job related or career development coursework. Additionally, the City may match an employee's cost for tuition and/or books up to $1,500.00 per fiscal year, for a total City reimbursement amount of up to $3,000.00 per fiscal year.

C. Procedure:

Prior to enrolling in any course, an employee requesting Tuition Reimbursement must submit a Tuition Reimbursement Request Form, along with a cost estimate, to the employee's Department Head.

2. The Department Head will assess the cost and course(s), taking into account the employee's current and future assignments and potential impact on the employee's work responsibilities.

3. Upon Department Head approval, the form must be submitted to Human Resources for pre -authorization by the City Manager.

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4. No later than 30 days after successful completion of the approved coursework, the employee shall submit to Human Resources proof of reimbursable expenses and evidence of a passing grade or certification.

5. Human Resources will coordinate the reimbursement with the Finance Department.

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CHAPTER XXIV - EMPLOYEE STANDARDS OF CONDUCT
Employees are required at all times to conduct themselves in such a manner as to reflect no discredit upon the City of Yucaipa.

SECTION 1. CODE OF ETHICS AND CORE VALUES
It is the desire of the City of Yucaipa to perform its governmental responsibilities in a manner that fosters public trust and confidence. This is accomplished with the underlying premise that public service is a matter of great public trust and not one to be taken lightly. The citizens of the City of Yucaipa are entitled to responsible, fair, and honest local government which has earned the public's full confidence for integrity. The proper operation of democratic government requires a framework in which decision makers are independent, impartial, and accountable to the citizens they serve.

A. Purpose.

The adoption of a Code of Ethics memorializes the value placed on ethical behavior, as identified by AB 1234, and strives to accomplish the following:
• Establishes high standards of ethical conduct for all City officials, both appointed and elected;
• Provides an ongoing source of guidance to City officials in the day-to-day service to the City;
• Promotes and maintains a culture for positive, ethical behavior by providing training and education;
• Promotes public confidence in the integrity of the governance and administration of the City;
• Requires reasonable public disclosure of financial interest that may influence, or be perceived to influence, the actions of City officials, both elected and appointed, with the goal of maximizing public accountability;
• Identifies a series of core values to which the organization will strive to adhere; and • Provides value to citizenship and increases the quality of the individual's response to membership in the community.

B. Policy Statement.

The City of Yucaipa is committed to conducting its business in a fair, open, efficient, and accountable manner. Public officials and employees shall conduct their public and private PAGE 74
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actions and financial dealings in a manner that shall present no apparent or actual conflict of interest between the public trust and that private interest. Each official and employee is assumed and expected to act in accordance with all laws and codes of ethics that may apply to his or her position, as well as striving to avoid even an appearance of impropriety in the conduct of his or her office or business. Each employee should be informed of this Code of Ethics and meet its requirements.

C. Scope.

The Code of Ethics shall apply to all City officials, whether elected or appointed, including Councilmembers, Commission and Committee members, regular and temporary employees, volunteers and employees of public agencies and other organizations with which the City contracts for services.

The Code of Ethics is intended to work in concert with, and shall not be in conflict with, federal and state laws, City ordinances and policies, both administrative and those adopted by Council.

These local policies include, but are not limited to, the City's Purchasing Policies and Procedures, Personnel Rules, Conflict of Interest Code, Fraud Policy, and other policies that are intended to govern responsible behavior in the performance of public duties. As a result, actions violating the Code of Ethics may also violate one, or more, of the other City adopted policies and, as such, may be subject to disciplinary action, up to and including termination, as outlined in that particular policy.

D. Core Values
The Code of Ethics asserts the following core values as essential to the standards of behavior to which the City of Yucaipa shall aspire:

1. Honesty — (Trustworthiness, Honor, Integrity, Dependability, Truthfulness) Honesty implies a refusal to lie, steal, or deceive in any way.

2. Lawfulness— (Ethical) Compliant with the laws of the United States of America, State of California, and the City of Yucaipa, including City ordinances and policies, both administrative and those adopted by the City Council including, but not limited to, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer/employee responsibilities, open processes of government, disbursement of public funds.

3. Respectfulness — (Active Communication, Civility, Responsive Public Service) For the City of Yucaipa, respect is a state of treating others with high regard, as demonstrated by:
■ Extending courtesy and civility, even in times of disagreement; ■ Maintaining confidentiality;
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■ Being sensitive to other people's time;
■ Being careful with the public's property;
■ Actively engaging in effective two-way communication; and ■ Demonstrating responsive public service.

4. Fairness —(Due Process, Objectivity, Impartiality) Fairness is marked with impartiality and honesty. The City of Yucaipa values fairness and shall strive to demonstrate that by:
■ Ascribing to the theory that all will be treated equitably; ■ Acknowledging the value of the citizen's right to know; ■ Encouraging public input and listening to all sides;
■ Honoring due process;
■ Making impartial decisions, using relevant and consistent criteria; ■ Caring for special needs, giving priority to merit;
■ Refraining from taking any special advantage of services, opportunities, or public resources for personal gain; and
■ Refraining from accepting gifts, favors, or promises of future benefits which might compromise or tend to impair independence of judgment or action.

Teamwork — (Valuing Diversity, Open -Mindedness, Collaboration) The City of Yucaipa shall emphasize teamwork which requires each to actively participate, while subordinating personal agendas for the efficiency of the whole. This requires recognition that good ideas and better solutions can come from anyone and that there is value in diversity.

6. Stewardship — (Fiscal Responsibility, Environmental Conservation, Vision) The City of Yucaipa is committed to being a leader in the area of stewardship where the community's financial, environmental, and cultural resources are fostered, protected, and conserved and managed well. As a steward of the public trust, representatives understand that the community expects each to serve with dignity and respect for the position associated with that public trust.

7. Accountability — (Responsibility) The City of Yucaipa shall be prepared to give an account for its actions relative to the governance to which it has been entrusted. Representatives are PAGE 76
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willing to explain actions taken and decisions made and will give and receive constructive criticism, accept consequences, and engage in continuous improvement.

E. Training
Effective January 1, 2006, State law (AB1234) requires (among other things) that local officials that receive compensation, salary, stipends, or expense reimbursements must receive training in public service ethics laws and principles every two years. The requirement applies not only to the governing body of a local agency, but also commissions, committees, boards, or other local agency bodies, whether permanent or temporary, decision -making, or advisory. The City of Yucaipa values the training associated with AB1234 and shall pursue compliance for all affected positions, as appropriate.

In addition to the AB1234 training, the City of Yucaipa shall be responsible for providing relevant training for all affected parties, as may be determined by the City Manager, or his designee.

SECTION 2. ANTI -HARASSMENT AND DISCRIMINATION POLICY
The City strictly prohibits and has "zero tolerance" for discrimination and harassment in any phase of employment, including but not limited to recruitment, testing, hiring, upgrading, promotion/demotion, transfer, layoff, termination, rates of pay, benefits, and selection for training.

This includes sexual harassment (which includes harassment based on sex, pregnancy, perceived pregnancy, childbirth, breastfeeding, or related medical conditions), as well as harassment, discrimination, and retaliation based on such factors as race, color, religion, religious creed (including religious dress and religious grooming practices), sex, national origin, ancestry, citizenship, age (40 years and older), mental disability and physical disability (including HIV and AIDS), legally -protected medical condition or information (including genetic information), protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), military and/or veteran status, service, or obligation, reserve status, national guard status, marital status, domestic partner status, gender, gender identity (including transgender identity), gender expression (including transgender expression), because an individual has transitioned (to live as the gender with which they identify), is transitioning, or is perceived to be transitioning), sex stereotyping, sexual orientation, status as a victim of domestic violence, sexual assault or stalking, enrollment in a public assistance program, engaging in protected communications regarding employee wages or otherwise exercising rights protected under the California Fair Pay Act, requesting a reasonable accommodation on the basis of disability or bona fide religious belief or practice, or any other basis protected by federal, state, or local laws.

Discrimination and Harassment Defined. Discrimination and harassment may consist of offensive verbal, physical, or visual conduct when such conduct is based on or related to an individual's sex or membership in one of the above -described protected classifications, and: (1) Submission to the offensive conduct is an explicit or implicit term or condition of employment; (2) Submission to or rejection of the offensive conduct forms the basis for an employment decision affecting the PAGE 77 Revised 2024-05-13
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employee; or (3) The offensive conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

Examples of Sexual Harassment. For the purpose of clarification, examples of what may constitute prohibited sexual harassment include, but are not limited to, the following:

Making unsolicited sexual advances including, but not limited to, written, verbal, physical, or visual contact with sexual overtones. (Written examples: suggestive or obscene letters, notes, invitations. Verbal examples: derogatory comments, slurs, jokes, epithets. Physical examples:
touching, assault, blocking or impeding access, leering gestures, display of sexually suggestive objects or pictures, cartoons, or posters.)
• Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction is not considered sexual harassment.) • Making reprisals, threats of reprisal, or implied threats of reprisal following a negative response (for example, implying or actually withholding support for an appointment, promotion, or change of assignment; or suggesting a poor performance report will be prepared). • Engaging in implicit or explicit coercive sexual behavior which is used to control, influence, or affect the career, salary, or work environment or another such employee. • Offering favors or employment benefits, such as promotions, favorable performance evaluations, favorable assigned duties or shifts, recommendations, reclassifications, etc., in exchange for sexual favors. (Similar conduct when applied to other protected classes such as race, color, creed, national origin, age, disability, medical condition, religion, sexual orientation, or marital status may constitute harassment and violation of this Policy. For example, racial jokes or degrading comments about age or ethnic background can constitute harassment under this policy). Accordingly, in order to avoid the risk of discipline, such acts should be avoided in all circumstances.

Internal Complaint Procedure. Any applicant or employee who believes that he or she has been the victim of sexual or other prohibited discrimination or harassment by co-workers, supervisors, clients or customers, visitors, vendors, corporate officers, or others must immediately notify their supervisor of the alleged conduct. If the employee believes that, for any reason, their supervisor is the source of the conduct or is biased, the employee may submit a complaint to Human Resources.

Internal Investigation and Resolution. Following receipt of a harassment grievance, the City shall begin an immediate and thorough investigation to determine if sexual or other harassment has occurred. The investigation shall be conducted in an impartial manner and all information shall be maintained confidential to the extent possible. After full consideration of all relevant facts and circumstances involving the inquiry, a timely decision will be made by the City and appropriate disciplinary or other action will be taken, up to and including termination of employment.

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Prohibition Against Retaliation. Retaliation against anyone for opposing conduct prohibited by the City's anti -harassment policies or for filing a complaint with or otherwise participating in an investigation, proceeding, or hearing conducted by the City, or any authorized governmental agency is strictly prohibited and may subject the offending person to, among other things, disciplinary action, up to and including, termination of employment.

External Reporting. In addition to the City's internal complaint procedure, an employee may file a complaint with the California Department of Fair Employment and Housing or the U.S. Equal Employment Opportunity Commission. Under California law, the Fair Employment and Housing Commission (FEHC) may order an employer to hire or rehire a victim of sexual harassment with back pay, and to provide the victim with monetary damages. The FEHC may also provide affirmative or prospective relief to prevent the recurrence of unlawful practices, including awards for back pay, reimbursement of out-of-pocket expenses, cease and desist orders, posting of notices, and other similar relief.

Harassment Prevention Training. The City is required to provide one (1) hour of sexual harassment and abusive conduct prevention training to nonsupervisory employees and two (2) hours of sexual harassment and abusive conduct prevention training to supervisors and managers once every two years.

SECTION 3. DRESS CODE
The City of Yucaipa desires to project a positive and professional image. Employees are expected to dress in a professional manner that is appropriate to their position and job tasks being performed.

A. Business Dress Policy. Business attire shall be worn when there is a need to present a more professional appearance for meetings or special events.

B. Return of Clothing upon Termination. When employment terminates, uniforms and any other City equipment which the employee possesses must be returned in good condition.

SECTION 4. SMOKING POLICY
The City of Yucaipa prohibits the use of tobacco products, including smokeless tobacco products (i.e., chewing tobacco, etc.) and vaping in City vehicles, inside City -owned or occupied buildings, and within 20 feet of entrances, exits, and open windows of City -owned or occupied buildings.

SECTION 5. DRUG AND ALCOHOL USE POLICY
The City of Yucaipa generally prohibits its employees from using alcohol or drugs in connection with their employment, as it constitutes a threat to the safe and efficient performance of employee's duties. Employees shall not be under the influence of any controlled substance or alcohol while on the job, including but not limited to psychoactive cannabis (with or without prescription) or any other substance which could impair the employee's ability to safely and effectively perform the PAGE 79 Revised 2024-05-13
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functions of their particular job. Although Proposition 64 (2016) legalized use of recreational marijuana in California, the City still will find a positive test for psychoactive cannabis as a valid basis for discipline, up to and including termination of employment. (Employees who are taking lawful medications pursuant to a physician's prescription, except in the case of medical marijuana, who has also certified that they may efficiently perform their duties without jeopardizing the health or safety of others will not be considered to have violated this policy for taking such prescription medicine).

A. Prohibitions. The following conduct is prohibited and may result in discipline, up to and including termination:

1. Using alcohol or using or possessing other controlled substances while on duty.

2. Reporting for duty or remaining on duty when the employee used any controlled substances, except if the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to safely operate a vehicle or otherwise perform the employee's job.

3. Reporting for duty or remaining on duty if the employee tests as having a blood alcohol concentration of 0.04 or greater.

4. Reporting for duty or remaining on duty if the employee tests positive for controlled substances (including, but not limited to, psychoactive cannabis, whether prescribed or not).

5. Refusing to submit to any alcohol or controlled substances test required by this Policy. An employee who refuses to submit to a required drug/alcohol test will be treated in the same manner as an employee who tested 0.04 or greater on a blood alcohol test or tested positively on a controlled substances test. A "refusal to submit" to an alcohol or controlled substances test required by this policy includes, but is not limited to:
• A refusal to provide a urine sample for a drug test.
• An inability to provide a urine sample without a valid medical explanation. • A refusal to complete and sign the breath alcohol testing form, or otherwise to cooperate with the testing process in a way that prevents the completion of the test. • An inability to provide breath or to provide an adequate amount of breath without a valid medical explanation.
• Tampering with or attempting to adulterate the urine specimen or collection procedure.

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• Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested.
• Leaving the scene of an accident without a valid authorization.

B. Exceptions to Prohibitions. The City Manager may authorize responsible alcohol consumption, when deemed appropriate, such as during special events or diplomatic proceedings.

C. Reasonable Suspicion Testing. All employees may be required to submit an alcohol or drug test if a supervisor has reasonable suspicion to believe the employee is under the influence of alcohol or controlled substances. Reasonable suspicion alcohol and drug testing will generally be administered within two hours of the observation. If not, the supervisor should provide written documentation as to why the test was not promptly conducted. The supervisor must document observation of the following behaviors:

1. A pattern of documented abnormal or erratic behavior.

2. Direct observation of drug or alcohol use, or information provided by a reliable and credible source that an employee has engaged in drug or alcohol use.

3. Presence of the mental or physical symptoms of drug or alcohol use (e.g., glassy or bloodshot eyes, alcohol odor on breath, slurred speech, poor coordination, and/or reflexes).

4. A work -related accident in conjunction with other facts which together support reasonable cause.

D. Consequences of Failing an Alcohol or Drug Test. A positive result from a drug or alcohol test may result in disciplinary action, up to and including termination, even for a first offense. The City also reserves the right to discipline or terminate an employee convicted of an offense which involves the use, distribution, or possession of illegal drugs. If an employee is not terminated, the employee:

1. Must be removed from performing any job function and immediately placed in an unpaid status.

2. Must submit to an examination by a substance abuse professional. Upon a determination by the substance abuse professional, the employee may be required to undergo treatment for his or her alcohol or drug abuse. The City is not required to pay for this treatment.

3. Shall not be returned to his or her former position until the employee submits to a return - to -duty controlled substance and/or blood alcohol test (depending on which test the PAGE 81
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employee failed) which indicates an alcohol concentration level of less than 0.02 or a negative result of a controlled substance test.

4. Will be required to submit to unannounced follow up testing and possibly other conditions if he or she has been returned to his or her position.

E. Compliance with State or Federal Law. At all times, the City will comply with current applicable state or federal laws concerning drug and alcohol testing. Issues or inconsistencies that are not addressed in this policy will be determined by referring to state or federal law and regulations governing drug and alcohol testing. The City reserves the right to make changes to this policy at any time, for the purpose of complying with state or federal law or regulation as it exists now or as it may be amended.

F. An employee is required to notify their supervisor when any medications or drug they are taking could create an unsafe and dangerous satiation. In the event there are questions regarding an employee's ability to safely and effectively perform assigned duties when using such medications or drugs, clearance from a physician designated by the City will be required.

If an employee is prescribed medication or drugs in relation to a work -related injury or illness, the doctor treating the employee for the work -related injury or illness shall provide the required clearance.

SECTION 6. USE OF CONFIDENTIAL INFORMATION
City employees shall not use confidential information acquired by or available to them in the course of their employment with the City for personal gain or for personal, non -City business - related reasons. City employees and officials shall uphold the public's right to know, and in accordance with the Brown Act, uphold the public's right to know not only the decisions taken, but also the deliberations which shape public policies.

SECTION 7. CONFLICTS OF INTEREST
City employees are prohibited from making, participation in making, or attempting in any way to use their official position to influence a City decision in which the employee knows or has reason to know they have a financial interest as defined by law. For example, City employees shall not make personal investments nor maintain any direct or indirect interest in enterprises, activities, or entities which they have or have reason to believe may be involved in decisions or recommendations to be made by them or persons under their supervision, or which may create a conflict between their private interests or may impair their independence of judgment in the accomplishment of their official duties. If, however, persons in the public service have financial interests in matters coming before them, or before the department in which they are employed, they shall remove themselves from making, participating in the making, or seeking to influence any decision regarding such matter. Employees who are designated in the City's Conflict of Interest Code shall file the appropriate disclosure statements required under State Law.

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SECTION 8. OFFICIAL BADGE OR INSIGNIA
No City employee who uses a badge or insignia as evidence of his/her authority shall allow it to be used by any other individual. Neither shall the City employee use his/her badge or insignia in any way to advance a private interest. Any infraction of this rule may result in immediate disciplinary action by the Department Head concerned.

Badges may be issued to certain classifications of employees, for the purpose of formally recognizing official activities performed by those public employees, including, but not limited to, Code Enforcement Officers and Public Works Rangers. The authorization of said badges is subject to the conditions set forth in this policy. It is the sole responsibility of the employee to maintain control of the badge which was issued to him or her. Badges shall never be loaned to anyone and shall never be left unattended. In the event a badge is lost, it is the employee's responsibility to notify the direct supervisor immediately so that the appropriate security actions can be taken.

Badge holder is responsible for the cost of the replacement badge and any associated damage or losses should the badge be lost, stolen, or misused while in the badge holder's possession.

Badge is to be returned to the direct supervisor immediately upon completion of employment with the City of Yucaipa or upon the request that the badge be returned. If the employee is unable to return the badge to the direct supervisor, the employee must contact Human Resources for instructions.

Failure to comply with these requirements may result in the badge being revoked or disciplinary action, up to and including termination of employment. The City reserves the right to revoke the badge at any time, for failure to obey the rules and regulations set forth in this policy.

SECTION 9. ALARM CODES, KEYS AND ELECTRONIC ENTRY DEVICES Entry or security alarm codes, facility keys, and/or electronic entry devices are provided to employees and contracted partners as a courtesy of employment/contract with the City of Yucaipa.

The protection and security of the information contained within City facilities is of paramount importance.

Entry or security alarm codes shall never be shared with anyone, including other City staff or contractors, and shall be protected from discovery by any person. If, for any reason, an employee's entry or security alarm code is discovered by anyone, it is the employee's responsibility to notify their supervisor immediately so that the code can be cancelled and a new code issued.

Facility keys and/or electronic entry devices shall never be loaned to anyone and shall never be left unattended. If an employee's key(s) or electronic entry device(s) is lost, it is the employee's responsibility to notify their immediate supervisor so that the appropriate security actions can be taken.

Key(s) or electronic entry device(s) is to be returned immediately upon completion of employment with the City of Yucaipa or upon the request that the key(s) or electronic entry device(s) be returned. Key(s) or electronic entry device(s) shall be returned to the employee's immediate PAGE 83 Revised 2024-05-13
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supervisor. If an employee is unable to return the key(s) or electronic entry device(s) to their supervisor, Human Resources should be contacted for instructions.

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1 Z

PERSONNEL POLICIES & PROCEDURES MANUAL ACKNOWLEDGEMENT
I acknowledge receipt of the City of Yucaipa Personnel Policies and Procedures Manual (Manual) and warrant and represent that I have read and understand the document. I had an opportunity to ask questions and receive clarification from the City regarding conditions of employment, policies, and rules contained in this Manual. I agree to observe and abide by the conditions of employment, policies, and rules contained in this Manual.

I understand that the City retains the rights that include, but are not limited to, the exclusive right to determine the mission of its constituents, commissions, committees, and boards; set standards of service; manage the City's schedule of working hours; establish, modify, or change work schedules or standards; determine the procedure and standards of selection for action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means, and personnel by which operations are to be conducted; determine the content of job classifications; take all necessary action to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
to make decisions involving employment as needed in order to conduct its work in a manner that is beneficial to the employees and the City.

I understand and agree that nothing in the Manual creates or is intended to create a promise or representation of continued employment
I understand that if I violate the rules, policies, and procedures set forth herein that I may be subject to discipline, up to and including termination of my employment. This Manual supersedes all prior agreements, understandings, and representations concerning my employment. I understand that if I have questions regarding the Manual, I can discuss them with Human Resources.

EMPLOYEE NAME:

EMPLOYEE SIGNATURE DATE
The signed, original copy of this acknowledgement shall be given to Human Resources to be filed in your personnel file.

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PUBLIC EMPLOYEE OATH

OATH ORF AFFIRMATION OF ALLEGIANCE

FOR CIVIL DEFENSE WORKERS AND PUBLIC EMPLOYEES
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

DISASTER SERVICE WORKER NOTICE
Disaster Service Worker Notice: Per Government Code Section 3100 et seq., I understand that all public employees are hereby declared to be disaster service workers subject to disaster service activities as may be assigned by my supervisor or other Management staff.

EMPLOYEE NAME:

EMPLOYEE SIGNATURE
DATE
The signed, original copy of this acknowledgement shall be given to Human Resources to be filed in your personnel file.

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01 Agenda Item No. 13

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin Matlock, Deputy Director of o unity Development/City PlannerA____'_ Todd Gutjahr, Public Works Analyst
<V
FOR: City Council Meeting of May 13, 2024
SUBJECT: Contract Amendment No. 1 — On -Call Code Enforcement/Property Abatement Contract Services for FY25
RECOMMENDATION:

That the City Council:

1. Authorize the City Manager to execute Contract Amendment No. 1 with Servpro of Chino, California, increasing the amount of their contract by $30,000 for a revised not -to -exceed amount of $70,000 per year for On -Call Code Enforcement/Property Abatement Contract Services for FY25; and

2. Authorize the City Manager to execute Contract Amendment No. 1 with HCI Environmental and Engineering Services of Corona, California, increasing the amount of their contract by $50,000 for a revised not -to -exceed amount of $70,000 per year for On - Call Code Enforcement/Property Abatement Contract Services for FY25.

DISCUSSION:

On November 23, 2023, the City Council awarded contracts for On -Call Code Enforcement/Property Abatement Contract Services (Program) to Servpro ($40,000/annually), HCI Environmental and Engineering Services (HCI) ($20,000/annually), and CPAC ($20,000/annually) for emergency Code Enforcement and property abatement work that the City is not able to perform (services include but are not limited to clean-up of yards/lots, removal of graffiti, and securing of structures). These services help address blight and improve public safety throughout the City. The contracts are for two (2) years (FY24 and FY25) with an option for one (1) three-year extension.

With the increase in labor/material costs and the increased need for abatement services, staff recommends that the City Council approve and authorize the City Manager to execute Contract Amendment No. 1 with Servpro and HCI to increase the respective contracts to $70,000 for FY25.

The City will incur the Property Abatement Contract expenses as the services are provided and will pursue cost recovery by attaching a lien to the property where the work is being completed. 05/13/2024 City Council Agenda 199

FISCAL IMPACT:

The costs associated with recommendations 1 and 2 are included in the FY25 Proposed Budget.

Attachments:

1. Contract Amendment No. 1 — Servpro

2. Contract Amendment No. I — HCI Environmental and Engineering Services Approved--
05/13/2024 City Council Agenda 200

ATTACHMENT 1
05/13/2024 City Council Agenda 201

AMENDMENT NO. 1 TO "ON -CALL CODE ENFORCEMENT/PROPERTY
ABATEMENT CONTRACT SERVICES FOR FY25"
THIS AMENDMENT, made and entered into this 131h day of May 2024, by and between Servpro hereinafter called "CONTRACTOR," and the City of Yucaipa, a municipal corporation, hereinafter called "City,"
NOW, THEREFORE, CONSULTANT and CITY mutually agree as follows:

Subject to the terms and conditions of the original agreement dated November 23, 2023, between the subject CONTRACTOR and the City of Yucaipa, shall be as follows for the additional professional services.

Original FY25 Agreement Amount $ 40,000
Proposed Amendment No.1 for FY25 $ 30,000
Revised FY25 Agreement Amount $ 70,000
Agreement Amendment No. 1 revises the total overall not to exceed contract amount from $40,000 to $70,000.

CITY Fee and Payment Thereof
The CITY will pay the CONTACTOR for services rendered in the total amount NOT TO EXCEED $70,000 for the work required to complete professional services for On -Call Code Enforcement/Property Abatement Contract Services for FY25.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the 1311 day of May, 2024.

ATTEST: City of Yucaipa
A Municipal Corporation
Date Date
Ana V. Sauseda, MMC Chris Mann, City Manager
Director of General Services/City
Clerk
Servpro Date
05/13/2024 City Council Agenda 202

ATTACHMENT 2
05/13/2024 City Council Agenda 203

AMENDMENT NO. 1 TO "ON -CALL CODE ENFORCEMENT/PROPERTY
ABATEMENT CONTRACT SERVICES FOR FY25"
THIS AMENDMENT, made and entered into this 131' day of May 2024, by and between HCI Environmental and Engineering Services hereinafter called "CONTRACTOR," and the City of Yucaipa, a municipal corporation, hereinafter called "City," NOW, THEREFORE, CONSULTANT and CITY mutually agree as follows:

Original FY25 Agreement Amount $ 20,000
Proposed Amendment No. 1 for FY25 S 50,000
Revised FY25 Agreement Amount $ 70,000
Agreement Amendment No. 1 revises the total overall not to exceed contract amount from $20,000 to $70,000.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the 13' day of May, 2024.

ATTEST:

Date
Ana V. Sauseda, MMC
Director of General Services/City
Clerk
City of Yucaipa
A Municipal Corporation
Date
Chris Mann, City Manager
HCI Environmental and Date
Engineering Services
05/13/2024 City Council Agenda
204

Agenda Item No. 14

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer �
FOR: City Council Meeting of May 13, 2024
SUBJECT: Amendment No. 1 to the Conservation Services Agreement with the Inland Empire Resource Conservation District
RECOMMENDATION:

That the City Council approve and authorize the City Manager to execute contract Amendment No. 1 to the Conservation Services Agreement between the Inland Empire Resource Conservation District (IERCD) and the City of Yucaipa (City) in the amount of $76,061, for oversight of environmental resource conservation values on 6.19 acres of land at El Dorado Ranch Park as mitigation for the required environmental impacts associated with the construction of several Capital Improvement Program (CIP) Projects.

BACKGROUND:

On October 26, 2009, the City Council approved the acquisition of approximately 334 acres of property consisting of two parcels (APNs. 0321-111-03 and 0321-121-44) from the Wildlands Conservancy for the purpose of preserving the property as open space, conservation easements and passive recreational uses.

On August 8, 2016, the City Council approved a conservation easement (CE) in favor of the IERCD on a 6.19-acre portion of land at El Dorado Ranch Park. The CE was established for the protection of environmental resources and conservation of land for the purpose of environmental mitigation required as a result of the construction impacts to natural resources for the following CIP projects:
• 13th Street at Wilson Creek Bridge
• Avenue D at Wilson Creek Bridge
• 3`d Street at Wildwood Creek Bridge
• Yucaipa Transit Center Channel and Storm Drain Project 05/13/2024 City Council Agenda 205

The City Council also authorized the amount of $237,577.97 from the FYI CIP Budget to fund the Endowment Agreement between IERCD and the United States Army Corps of Engineers (ACOE) for the required environmental mitigation related to the construction of these projects. The California Department of Fish and Wildlife (CDFW) and other environmental resource agencies also identified environmental mitigation requirements resulting from the construction impacts associated with these projects.

In order to establish the implementation of the required environmental mitigation, the City developed a Habitat Mitigation and Monitoring Plan (HMMP) for the 6.19-acre CE. The HMMP is required by the resource agencies to outline the criteria and requirements for the mitigation areas, and to identify the type of mitigation or habitat conservation that is required to mitigate each project. The HMMP also outlines a longer term monitoring plan to ensure that natural habitat conservation is achieved over time as required by the natural resource agencies.

The HMMP identifies the City as the responsible party for the overall responsibility of its requirements. The HMMP also identifies IERCD as the qualified and responsible party for holding the CE and for performing the long-term maintenance, monitoring and reporting requirements of the CE in perpetuity. The City, with oversight from IERCD, has been responsible for the short- term enhancement activities within the 6.19-acre CE. These activities include site preparation, sign installation/maintenance, ongoing removal of non-native plant species, removal of trash and debris and the installation/planting of appropriate native plants.

DISCUSSION:

In 2016, the City officially recorded the CE for the 6.19-acre conservation area and contracted with IERCD for the HMMP implementation. In December of 2016, the City Council approved a Conservation Services Agreement between the City and IERCD, and IERCD has been providing these services in accordance with the executed agreement and HMMP. In September of 2020, the El Dorado fire burned through approximately two acres of the 6.19-acre CE. The damage sustained from the fire resulted in a significant setback to reaching the success criteria identified in the HMMP, specifically the identified requirement to cover 80% of the CE area with native plants.

After the fire and three years of continued monitoring with the hopes that the damaged CE area would restore itself naturally, IERCD staff has determined that additional habitat restoration work will be needed focusing on invasive species control and the facilitation of native plant growth.

Proposed Amendment No. 1 to the Conservation Services Agreement is proposing to extend the time needed for IERCD to implement the required restoration activities until December 31, 2025, unless extended further by both parties by another amendment to the Conservation Services Agreement.

As proposed in Amendment No. 1, the City and IERCD, hereby agree to the required scope of work for restoration activities as follows:
05/13/2024 City Council Agenda 206

1) Minor supplemental seeding of native plant seed, including supplemental collection of seeds from native plants in the area.
2) Maintenance and monitoring activities, including plant inspection, weed control, plant replacement, and monitoring of the site to ensure that the required success criteria is met during the monitoring period.
3) Reporting activities, including annual reporting of the survival and/or replacement of the percentage of native vegetation, overall visual estimates of the heights of both tree and shrub species and plant species diversity data.

The natural resource agencies may request a site visit to ensure that the mitigation has been implemented correctly. Oversight by IERCD is instrumental for the natural resource agency involvement and in reaching the establishment goals as defined in the HMMP for the five-year monitoring period. If the success criteria is not reached during the five-year monitoring period, the City will continue to be responsible for the maintenance of the conservation area on an annual basis until the success criteria is reached and approved by the natural resource agencies.

FISCAL IMPACT:

The cost associated with the recommendation is included in the adopted FY24 CIP Budget.

Attachments:

1. Conservation Services Agreement

2. Conservation Services Agreement Amendment No. 1

3. IERCD scope of work and cost estimate
Approved by:
05/13/2024 City Council Agenda 207

ATTACHMENT 1
05/13/2024 City Council Agenda 208

CONSERVATION SERVICES AGREEMENT
This CONSERVATION SERVICES AGREEMENT ("Agreement") is entered into this 12th day of December, 2016 by and between the CITY OF YUCAIPA, a California municipal corporation ("City"), and the INLAND EMPIRE RESOURCE CONSERVATION DISTRICT, a governmental special district having offices at 25864-K Business Center Drive, Redlands, CA 92374 ("IERCD") (together, "the Parties").

RECITALS
WHEREAS, the City is required wider certain regulatory agency permits, for four (4) City projects including the construction of three low flow road crossings and an extension of an existing storm drain project that will impact waters of the United States and State ("Project"), to implement a habitat mitigation monitoring plan at its "El Dorado Mitigation Area;" and WHEREAS, IERCD is a Resource Conservation District forined for the control ofrunoff, the prevention or control of soil erosion, the development and distribution of water, and the improvement of land capabilities to pursuant to Public Resources Code section 9151 et seq.; and WHEREAS, IERCD may accept grants of money and conservation easements to carry out its purposes, and may establish and charge fees for services provided upon request pursuant to Public Resources Code sections 9401 et seq.; and
WIIEREAS, the Parties desire to enter into this Agreement to set forth the terms and conditions pursuant to which the IERCD agrees to implement the "IERCD Activities" described in paragraph 1, below.

AGREEMENT
NOW, THEREFORE, in consideration of the above and the mutual covenants, terms and conditions contained liercin, and pursuant to the laws of the State of California, the City and IERCD hereby agree as follows:

1. Activities: The Parties agree that IERCD will implement the following activities, if needed, for a period of five (5) years ("IERCD Activities"): Sections 4.5, 4.6, 4.7, 4.8 and 4.9 of the Habitat Mitigation and Monitoring Plan For Various Flood Control Projects in the City of Yucaipa, San Bernardino County, California prepared by Ruth Villalobos & Associates, Inc. dated June 2015 ("HMMP") and attached hereto as Exhibit A.

This Agreement addresses only the IERCD Activities. The Parties explicitly understand and agree that the agency permits associated with the Project require other mitigation not addressed in this agreement.

2. Funding: The City agrees to pay IERCD the amount of SF,VFNTY THREE THOUSAND THREE IIUNDERD EIGHTY NINE AND 83/100's DOLLARS ($73,389.83) which is a fee reflecting IERCD's reasonable casts to perform the IERCD Activities for five years (the "Conservation Fec").
05/13/2024 City Council Agenda 209

3. Amendment: Upon written mutual conscnt, the Parties, if necessary after the initial five (5) year period, may change, extend, or augment Sections I and 2 above for a period of one (1) or more additional years in order to complete the implementation of the HMMP.

4. Mitigation and/or Conservation Responsibility:
a. The Parties explicitly agree that any mitigation for activities of City not covered by this Agreement, including but not limited to any mitigation sct forth in the agency permits not specifically agreed to be conducted by IERCD under this Agreement, or any other regulatory permit issued to City or other changes in mitigation related to the Prqject, remains solely and entirely the responsibility of City.
b. City agrees that IERCD shall not be responsible to conduct any services except for the IERCD Activities outlined in Section 1, above, even if State of California, Department of Fish and Wildlife ("DFW"), the Regional Watcr Quality Control Board ("Regional Board"), United States Army Corp of Engineers' ("ACOE") and/or any other regulatory agency later modify their respective mitigation rcquircmcnts.
c. City remains responsible for obtaining final approval from DFW, the Regional Board and ACOE and/or any other regulatory agency for satisfaction of their agency permit conditions, including the approval fiom any relevant agency that the IERCD Activities have met the required success criteria. IERCD agrees to assist City in obtaining approval of the IERCD Activities by the relevant agencies.

S. IERCD as Contractor: IERCD agrees that it shall either perform or contract for the performance of all IERCD Activities required under this Agreement. The City shall have no liability, monetary or otherwise, to any cooperators, subcontractors, providers of services or recipients of service under this Agreement, except to IERCD.

6. When Parrnent Due: The Parties agree that the Conservation Fee is due and payable in full upon the City's receipt of IERCD's invoice therefor, which shall be no later than 14 days after full execution of this Agrcemcnt. IERCD agrees to provide the City with a written letter of receipt no later than 7 days after receipt of the Conservation Fee.

7. Time of Performance: IERCD agrees to begin the IERCD Activities within 60 days of the receipt of City's payment pursuant to Section 5 of this Agreement, or at any later time agreed to in writing by the Parties, provided the Conservation Fee is timely received.

IERCD shall be under- no obligation to carry out any of the terms of this Agreement -unless and until City tenders the Conservation Fee in full. In the event City does not tender the fee when due, then IERCD shall have no obligation to City whatsoever under this or any other Agreement, whcthcr at law or equity.

8. Cancellation: In the event City, for any reason, no longer desires IERCD to perform the IERCD Activities, it shall notify IERCD as soon as possible of its intent to cancel this Agreement, including written notice by certified mail. In the event of cancellation after 05/13/2024 City Council Agenda 210

IERCD has begun the IERCD Activities, IERCD shall be allowed to complete any pattially performed and unfinished activities as necessary for the protection of the public health, safety, and welfare, and the environment. IERCD shall deduct all expenses accrued as of the date of receipt of the cancellation notice, plus those expenses to complete activities as described in this paragraph from the Conservation Fee and return the balance, if any, to City within 60 days.

9. Notices. Any notice, demand, request, consent; approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows:

To IERCD at:

To City of Yucaipa at:

Inland Empire Resource
Conservation District {IERCD} City of Yucaipa
34272 Yucaipa Boulevard
25864-K Business Center Drive
Redlands, CA 92374 Yucaipa, CA 92399
Attn: City Manager Ray Casey
Attn: Mandy Parkes, District Manager
Telephone: (909) 797-2489
[email protected] [email protected]
With a copy to:

Steven M. Anderson
Rest Best &. Krieger
3390 University Avenue
P.O, Box 1029
Riverside, CA 92502
steven. anderson@bbklaw. coin
or to such other address as either party fiom time to time shall designate by written notice to the other.

10. Controlling Law. The interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County,

11. Attorneys' Fees. The Parties shall bear their own attorney's fees and costs.

12. Entire Af•eement. This instrument, including exhibits, sets forth the entire agreement of the Patties with respect to the IERCD Activities and supersedes all prior discussions, negotiations, understandings, or agreements relating to the IERCD Activities, all of which are merged herein.

13. Counterparts. This Agreement may be executed in several counterparts and all counterparts so executed shall constitute one agreement, which shall be binding on all of the parties, notwithstanding that all of the parties are not signatory to one original or the same. 05/13/2024 City Council Agenda 211

14. Authority. Each party to this Agreement warrants to the other that it is duly organized and existing and that it and the respective signatories have full right and authority to enter into and consummatc this Agreement and all related documents and bind the parties thereto.

15. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by Consultant without the prior written consent of the IERCD.

16. No Waiver. Failure of the IERCD to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof sliall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquislnnent of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.

17. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

18. Severability. It is intended that each paragraph of this Agreement shall be treated as separate and divisible, and in the event that any paragraphs are deemed unenforceable, the remainder shall continue to be in full force and effect so long as the primary purpose of this Agreement is unaffected.
1hC�—
Date - - —
Denise Hoyt, Mayor
City of Yucaipa
Lam -
Date Paul Williams, President of the Board
Inland Empire Resources Conservation District
05/13/2024 City Council Agenda 212

Exhibit

HABITAT MITIGATION AND MONITORING PLAN
Various Flood Control Projects in the City of Yucaipa, San Bernardino County, California
Prepared for:

California Department of Fish and Wildlife
Inland Deserts Region
3602 Inland Empire Blvd., Suite C-220
Ontario, CA 91764
Prepared by:

June2015
Ruth Villalobos & Associates, Inc.
3602 Inland Empire Blvd., Suite C-310
Ontario, CA 91764
(909) 685-5942
5 05/13/2024 City Council Agenda 213

Table of Contents

1.0 INTRODUCTION..............................................................................................1

1.1 Responsible Parties................................................................................1

1.2 Projects...................................................................................................1

2.0 MITIGATION GOALS......................................................................................4

2.1 Type(s) and Area(s) to be Established, Restored, Enhanced and/or Preserved.....................................................................................4

2.2 Functions and Values of Habitat Types(s) to be Established, Restored, Enhanced and/or Preserved....................................................................4

2.3 Time Lapse Between Jurisdictional Impacts and Expected Mitigation Success................................................................................................... 4 2.4
Estimated Total Cost of Mitigation...........................................................4

2.5 Special Aquatic Habitats, Other Waters of the U.S., and Non -Jurisdictional Areas Proposed as Mitigation.................................................................5

2.6 Overall Watershed Improvements to be Gained.....................................6

3.0 DESCRIPTION OF PROPOSED MITIGATION SITE......................................6

3.1 Site Selection Process............................................................................6

3.2 Location and Size of Mitigation Site........................................................6

3.3 Ownership Status....................................................................................6

3.4 Existing Functions and Values of the Mitigation Site...............................6

3.5 Jurisdictional Delineation Summary ........................................................7

3.6 Present and Proposed Uses of the Mitigation Site and All AdjacentAreas........................................................................................7

3.7 Reference Site(s)....................................................................................7

3.8 Soils........................................................................................................7

3.9 Vegetation...............................................................................................7

3.10 Hydrology................................................................................................8

4.0 MITIGATION SITE IMPLEMENTATION PLAN...............................................9

4.1 Basis for Success....................................................................................9

4.2 Responsible Parties................................................................................9 05/13/2024 City Council Agenda 214

4.3 Financial Assurances..............................................................................9

4.4 Implementation Schedule......................................................................10

4.5 Site Preparation....................................................................................10

4.6 Planting Plan.........................................................................................11

4.7 Irrigation Plan........................................................................................12

4.8 Signage........................................................................ ....12

4.9 As -Built Conditions................................................................................12

5.0 MAINTENANCE ACTIVITIES DURING THE MONITORING PERIOD .......... 13

5.1 Maintenance Activities..........................................................................13

5.2 Responsible Parties..............................................................................15

5.3 Maintenance Schedule..........................................................................16

6.0 MONITORING PLAN AND DOCUMENTATION............................................17

6.1 Performance Standards, Target Dates, and Success Criteria...............17

6.2 Target Functions and Values................................................................17

6.3 Target Hydrological Regime..................................................................17

6.4 Target Jurisdictional and Non -Jurisdictional Acreages to be Established, Restored, Enhanced and/or Preserved.................................................18

6.5 Monitoring Methodology........................................................................18

6.6 Monitoring Schedule.............................................................................18

6.7 Annual Monitoring Reports....................................................................19

7.0 COMPLETION OF COMPENSATORY MITIGATION....................................20

7.1 Notification of Completion.....................................................................20

7.2 Agency Confirmation.............................................................................20

8.0 CONTINGENCY MEASURES.......................................................................21

8.1 Initiating Procedures.............................................................................21

8.2 Alternative Locations for Contingency Compensatory Mitigation ..........21

8.3 Funding Mechanism..............................................................................21

8.4 Responsible Parties..............................................................................21

LIST OF TABLES

1. Summary of Permanent Jurisdictional impacts................................................3 05/13/2024 City Council Agenda 215

2. Upland Riversidean Sage Scrub Plant Community Plant Pallet.....................11

3. Maintenance Schedule...................................................................................16

4. Upland Habitat Mitigation Site Performance Standards.................................17

LIST OF EXHIBITS

1. Location Map....................................................................................................1

2. Avenue D — Low Water Crossing Photographs................................................2

3. 13th Street — Low Water Crossing Photographs...............................................2

4. Transit Center Photographs.............................................................................3

5. Aerial Photograph of El Dorado Mitigation Area...............................................6

6. El Dorado Mitigation Area Photographs...........................................................6

7. Jurisdictional Waters........................................................................................8

8. Soils Map.........................................................................................................7

9. Plant Communities...........................................................................................7

10. Designated Mitigation Sites............................................................................10 05/13/2024 City Council Agenda 216

1.0 INTRODUCTION
This Habitat Mitigation and Monitoring Plan (HMMP) has been prepared in accordance with California Department of Fish and Wildlife (CDFW) streambed alteration regulationsto offset the unavoidable impacts associated with storm water management projects in the City of Yucaipa, CA. The HMMP contains the methods to be used during implementation of the compensatory mitigation.

1.1 Responsible Parties
Applicant Name:

City of Yucaipa
Public Works Department
34272 Yucaipa Blvd
Yucaipa, CA 92399
Contact: Fermin Preciado
City Engineer
Phone: (909) 797-2489
Email:[email protected]
Inland Empire Resource Conservation District
25864-K Business Center Drive
Redlands, CA 92374
Contact: Mandy Parkes
District Manager
Phone: (909) 799-7407
Email: [email protected]

1.2 Projects
Agent Name:

Ruth Villalobos &Associates, Inc.
3602 Inland Empire Blvd, Suite C-310
Ontario, CA 91764
Contact: Ruth Villalobos
Phone: (909) 685-5942
Email: [email protected]
The City of Yucaipa has four projects including the construction of three low flow road crossings and an extension of an existing stormdrain project that will impact waters of the U.S. and State. One of the low flow road crossings, the 3Id Street Low Water Crossing, was previously approved, constructed and mitigated. The mitigation area lies between the mitigation areas for the Transit Center Storm Drain Facility and the 13U' Street and Avenue D Low Water Crossings. The City is including the fourth project in the Conservation Easement to ensure the drainage is monitored and maintained in a consistent manner. Exhibit 1 shows the location of each of the project sites, as well as the El Dorado Mitigation Area. All four projects will be mitigated by the City with the preservation and enhancement of superior jurisdictional waters within the City -owned 334-acre El Dorado Mitigation Area. The following provides a brief summary of the project, the location of each project site, and the jurisdictional feature to be filled by habitat type.

1.2.1 Avenue D Low Water Crossing
27761.00008\26237013.4 4
05/13/2024 City Council Agenda 217

Project Location
The Avenue D Low Water Crossing site is located approximately 1.25 miles northeast of Interstate 10 and 0.25 miles south of Yucaipa Boulevard. The project site includes the section of D Street between 10th and 11 th Street in the City of Yucaipa, San Bernardino County (see Exhibit 1),
Project Description
The Avenue D low water crossing project consists of elevating the existing 50-foot wide "at grade" low water crossing of Avenue D within Wilson Creek to construct a bridge/box culvert in order to reduce current flooding deficiencies. The culvert is comprised of a three -barrel 19.5'-wide x 13.5'-high reinforced concrete box culvert (RCB) with concrete invert linings and concrete wing -walls on the upstream and downstream sides.

Additionally, ungrouted riprap channel lining will extend downstream of Avenue D. The total length of the proposed channel improvements will extend a total of 425 linear feet along the existing channel alignment. The total length of the resulting street improvements will be 600 feet for Avenue D. The RCB will be designed to maintain the ultimate channel hydraulics as required by the San Bernardino County Flood Control District (SBCFCD). Exhibit 2 provides a series of photographs documenting existing site conditions.

Summary of Impacted Areas
The project will permanently change the composition of approximately 0.43 acre (4251inear feet) of State jurisdictional waters at the site of the low flow crossing.

However, the primary flow, grade and size of the channel will not change. The project will not result in net loss of Waters of the U.S. or State, and the project will not result in a significant permanent loss of stream function.

Table 1 at the end of Section 1 provides a summary of impacts for all projects.

1.2.2 13"' Street Low Water Crossing
Project Location
The 13th Street Low Water Crossing is located approximately 0.37 miles northeast of Interstate 10 and 0.4 miles south of Avenue E. The project site includes the section of 13th Street between Fairmont Street and Texas Drive in the City of Yucaipa, San Bernardino County (see Exhibit 1),
Project Description
27761.00008\26237013.4
05/13/2024 City Council Agenda 218

The proposed low water crossing project consists of elevating the existing 50-foot wide "at grade" low water crossing of 13th Street to construct a bridge/box culvert in order to reduce current flooding deficiencies. The culvert is comprised of a three -barrel 22'-wide x 13.5'-high reinforced concrete box culvert (RCB) with concrete invert linings and concrete wing -walls on the upstream and downstream sides. Additionally, ungrouted riprap channel lining will extend downstream of 13th Street. The total length of the proposed channel improvements for the culverts will extend a total of 380 linear feet along the existing channel alignment. The total length of the resulting street Improvements will be 600 feet along the current alignment of 13th Street. The RCB will be designed to maintain the ultimate channel hydraulics as required by the San Bernardino County Flood Control District (SBCFCD). Exhibit 3 provides a series of photographs documenting existing site conditions.

Summary of Impacted Areas
The project will permanently change the composition of approximately 0.43 acre (380 linear feet) of State jurisdictional waters at the low flow crossing. However, the primary flow, grade and size of the channel will not change. The project will not result in net loss of Waters of the U.S. or State, and the project will not result in a significant permanent loss of stream function.

Operations and maintenance will be conducted periodically to clear trash, sediment, and debris from the facility and to make minor repairs to the structure. The District Engineer will approve a maintenance baseline based on the approved or constructed capacity of the low water crossing. The facility will be maintained at the District Engineer's approved baseline level.

1.2.3 3rd Street Low Water Crossing
Project Location
The 3rd Street Low Water Crossing Is located approximately 1.4 miles east of Interstate 10 and 0.11 mile south of Wildwood Canyon Road, and 0.5 mile west of California Street. The project site is located in the City of Yucaipa, San Bernardino County and includes 3rd Street over Wildwood Creek and areas immediately upstream and downstream of the 3rd Street.

Project Description
The low water crossing project was constructed in 2006 and consisted of elevating the then existing 34-foot wide "at grade" low-water crossing of 3rd Street within Wildwood Creek to construct a box culvert in order to eliminate the existing low-water crossing and reduce flooding deficiencies. The culvert was constructed with a three barrel 13 foot wide by 14 foot high reinforced concrete box with riprap invert linings and concrete wingwalls on the upstream and downstream creek sides. Riprap invert (channel 27 761.00008\26237013.4
05/13/2024 City Council Agenda 219

bottom) linings and wingwall transition structures extend approximately 45 linear feet upstream and downstream of the culvert. The total length of the channel improvements for the culvert extends a total of 240 linear feet along the existing channel alignment.

The RCB was designed to maintain the ultimate channel hydraulics as required by the SBCFCD.

Summary of Impacted Areas
The project permanently changed the composition of approximately 0.33 acre (240 linear feet) of State jurisdictional waters at the low flow crossing. However, the primary flow, grade and size of the channel did not change. The project did not result in a net loss of Waters of the U.S. or State, and the project did not result in a significant permanent loss of stream function.

Operations and maintenance are conducted periodically to clear trash, sediment, and debris from the facility and to make minor repairs to the structure. The maintenance baseline is based on the approved design and constructed capacity of the low water crossing. The facility is being maintained at the constructed baseline level.

1.2.4 Transit Center Storm Drain Facility
Project Location
The project area is located north of the Yucaipa Boulevard, northeast of Yucaipa City Hall, south of the Chapman Heights golf course, and west of 5t' Street. The vicinity surrounding the project site is developed with commercial, institutional and residential land uses. The project site can be found on the U.S. Geological Survey (USGS) Yucaipa 7.5 Minute Series quadrangle within Section 35 of Township 1 South, Range 2 West (see Exhibit 1).

Project Description
The project consists of extending an existing 54-inch reinforced concrete pipe (RCP) storm drain for approximately 470 linear feet within the project area. The existing headwall located east of 5th Street will be removed and replaced with a transition structure that will connect the new pipe to the existing pipe. A new headwall and concrete energy dissipater/splash pad will be installed at the end of the fill area.

Approximately 30,000 cubic yards of material will be imported to the site for backfill of the new storm drain. Exhibit 4 provides a series of photographs documenting existing site conditions.

Summary of Impacted Areas
The project will result in a total disturbance area of 0.38-acre. Of the total construction disturbance area there will be 0.19-acre of permanent impacts and 0.19-acre of temporary impacts to jurisdictional waters by way of extending the existing storm drain 27761.00008126237013.4
05/13/2024 City Council Agenda 220

pipe and filling in the deeply incised channel.

2.0 MITIGATION GOALS
The goal of mitigation for each of these projects is to replace the temporary and permanent impacts to waters of the U.S. and State by permanently preserving similar or superior habitat upstream within the same watershed at the 334-acre El Dorado Mitigation Area. Exhibit 1 shows the location of the El Dorado Mitigation Area in relationship to the project sites.

2.1 Type(s) and Area(s) to be Established, Restored, Enhanced and/or Preserved
The mitigation program consists of the permanent preservation and enhancement of

6.19acres of waters of the U.S./waters of the State. The breakdown of mitigation acreage for impacts to each mitigation site is listed below:

Preservation and enhancement for permanent impacts to 0.43 acres of intermittent streambed for a total of 2.15 acres of ephemeral streambed for Avenue D LWC
Preservation and enhancement for permanent impacts to 0.43 acres of intermittent streambed for a total of 2.15 acres of ephemeral streambed for 1 P Street LWC
Preservation and enhancement for permanent impacts to 0.33 acres of intermittent streambed for a total of 0.56 acres of ephemeral streambed for 3`d Street LWC
Preservation and enhancement for permanent impacts to 0.19 acres of ephemeral streambed and for temporary impacts to 0.19 acres for a total of 1.33 23761.00009\26237013.4 8
05/13/2024 City Council Agenda 221

acres for the Transit Center

2.2 Functions and Values of Habitat Types to be Restored or Preserved The habitat types to be permanently preserved and enhanced are unconstrained natural habitats that reflect the function and values of the habitat to be impacted. Habitats to be impacted are constrained by the presence of existing road base at the two low water crossings and by an existing storm drain (54-inch reinforced concrete pipe). Natural streambed habitat/riparian habitat at all these existing facilities is minimal and principally consists of re -contoured ephemeral streambed habitat that functions to convey water during storm events but that does not support in -stream wildlife habitat or riparian habitat. Habitat types to be permanently preserved and enhanced are healthy riparian habitats and associated habitats found along natural drainage courses that convey storms to Wilson Creek and that provide wildlife habitat and wildlife movement corridors through the upper Yucaipa watershed.

2.3Time Lapse between Jurisdictional Impacts and Expected Mitigation Success The proposed mitigation sites to be preserved and enhanced are currently owned by the City of Yucaipa and require minimal enhancement to be fully functional. Their permanent preservation, through the recording of a Conservation Easement, will occur within 18 months of the acceptance by the regulatory agencies of the mitigation proposed under this HMMP.

2.4Estimated Total Costs of Mitigation
The estimated cost of permanently preserving the mitigation sites is approximately $S,000to
record the Conservation Easement. Costs to design and implement enhancement actions of the natural streambed habitattriparian habitat areas within each mitigation area are $25,000 (subject to change and based on contractor fees).The City will assume overall responsibility for the enhancement activities within the Conservation Easement. During the initial five-year mitigation and monitoring period, the City will perform invasive species removal, trash removal and clean-up, signage maintenance and replacement. Thereafter, the IERCD will be responsible for holding the easement, as well as management, biological monitoring, invasive species removal, trash removal and clean-up, signage maintenance and replacement, annual financial review and annual reporting of the Conservation Easement in perpetuity. The City will assume the responsibility of funding the Endowment Management Agreement between the U.S.

Army Corps of Engineers and the IERCD by establishing a non -wasting endowment for the remaining balance of approximately $240,000.

2.5 Special Aquatic Habitats, Other Waters of the State, and Non -Jurisdictional Areas Proposed as Mitigation
No special aquatic habitats or other waters of the State are proposed as mitigation. 27761.00008U6237013.4 9
05/13/2024 City Council Agenda 222

Enhancement of riparian and associated habitat areas on the slopes of the deeply incised channels that convey storm waters into the bottom of the ephemeral drainages is proposed as part of the mitigation program and is considered an integral part of the maintaining the function and value of the ephemeral drainage.

2.64verail Watershed Improvements to be Gained
The watershed will gain permanent protection and increased function of the ephemeral drainages within the upper reach of the Yucaipa watershed because the impacted areas are very limited in extent and heavily constrained by the presence of existing flood control facilities.

2.7761.00008\26237013.4 10
05/13/2024 City Council Agenda 223

3.0 DESCRIPTION OF PROPOSED MITIGATION SITE

3.1 Site Selection Process
The proposed Mitigation Area was selected based on hydrology, soils, and location within the watershed. The Mitigation Area is located on an alluvial fan at the base of the San Bernardino Mountains in the upper reach of the Yucaipa Watershed and supports Wilson Creek and its numerous tributaries. This dynamic and natural system of a perennial/intermittent streambed and ephemeral streambeds collect and convey waters from the upper elevations of the Yucaipa watershed, across the City of Yucaipa, down into the City of Redlands and San Timoteo Creek which joins the Santa Ana River that carries flows to the Pacific Ocean. Preservation and enhancement of the Mitigation Area will contribute to maintaining the integrity and functionality of the Yucaipa watershed.

3.2 Location and Size of the Mitigation Site
The El Dorado Mitigation Area is a 334-acre open space and conservation site that will be used by the City of Yucaipa for multiple existing and future mitigation requirements for public works projects as a part of the City's Capital Improvement Program (CIP).

The El Dorado Mitigation Area is located north of Oak Glen Road, south of Carter Street, and one mile east of Jefferson Street in the City of Yucaipa, San Bernardino County, California (Assessor's Parcel Numbers [APNs] 0321-111-03 and 0321-121-44). (Exhibits). Land uses adjacent to the subject property include agriculture, rural residences, and open space for hiking/equestrian recreational uses (Exhibit 5). Ingress and Egress to the site is controlled with gates to prohibit unauthorized access within the

6.19-acre El Dorado Mitigation Area. Access is prohibited around the perimeter of the larger 334-acre area by a combination of the terrain, fencing, k-rails, gates, and boulders (Exhibits10a and 10b). The City parks staff is also onsite daily inspecting and performing routine maintenance activities within the open space area.

3.3 Ownership Status
The Ei Dorado Mitigation Area is owned by the City of Yucaipa.

3.4 Existing Functions and Values of the Mitigation Site The El Dorado Mitigation Area is relatively undeveloped. It was previously owned and managed by The Wildlands Conservancy and the Yucaipa Valley Conservancy.

Historically, the area was used as rangeland and for dryland grain production.

Development adjacent to the mitigation area is limited to a single residence and associated ranch buildings on APN 0321-1212-144. The surrounding areas to the north, east, and west are open and undisturbed. In the agreement between the City and the Conservancies, the majority of the surrounding area will also be set aside in a Conservation Easement to preserve them in perpetuity for open space and conservation opportunities. Wilson Creek and its tributaries convey flows across the subject property in an east -west direction from the base of the foothills of the San Bernardino Mountains 27761.00008\26237013.4 11
05/13/2024 City Council Agenda 224

across the Yucaipa watershed. Downstream of the Yucaipa watershed, the waters flow into San Timoteo Creek before reaching the Santa Ana River that conveys water to the Pacific Ocean. Wilson Creek and the larger ephemeral drainages support riparian habitats, principally oak woodlands. Existing functions and values of the Mitigation Area include wildlife habitat, flood storage, and water quality/nutrient cycling. These functions have been minimally impacted by the historic use of the upland areas of the site for pasture lands and production of grain crops. The resulting invasion of non- native grasses with the abandonment of these upland areas and slopes of the ephemeral drainages has not impaired the capability for conveying water into the drainages but has impaired their value for wildlife use. Photographs of Wilson Creek, ephemeral drainages, riparian habitats and other associated habitat found within the Mitigation Area are provided in Exhibits 6A and 6B.

3.5 Jurisdictional Delineation Summary
Within the Mitigation Area, Wilson Creek is a jurisdictional water of the U.S. and a California Department of Fish and Wildlife (CDFW) jurisdictional streambed. Waters within Wilson Creek originate northeast of the mitigation area in the foothills of the Yucaipa watershed and eventually flow southwest into Yucaipa Creek, which joins with San Timoteo Creek, a tributary of the Santa Ana River. The Wilson Creek channel appears to follow its natural drainage course through the mitigation area. Numerous ephemeral channels originate on the property, collect sheet flow from the surrounding areas and convey the flows to Wilson Creek (Exhibit 7).These ephemeral drainages support oak woodlands, riparian plant communities and other associated habitat.

3.6 Present and Proposed Uses of the Mitigation Site and All Adjacent Areas The present use of the Mitigation Area is undeveloped land on an alluvial fan at the base of the San Bernardino Mountains. The City of Yucaipa is currently, and will in the future, use the Mitigation Area to fulfill mitigation obligations for numerous public works projects. Adjacent areas consist of open space, unimproved roads, Wilson Creek and its tributaries which continue off the site to the west, and a few scattered rural residents.

The proposed use of the Mitigation Area would be the permanent preservation and enhancement of the upper reaches of Wilson Creek, its tributaries, ephemeral drainages, that collect flood waters and convey them to Wilson Creek, and the associated riparian habitats that also provide habitat value for riparian species and wildlife movement from the San Bernardino Mountains south across the San Gorgonio Pass into the Badlands in Riverside County.

3.7 Reference Site(s)
The existing ephemeral drainages and natural streambed habitat/ riparian habitat located throughout the northern portion of the Mitigation Area will serve as the reference sites.
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3.8 Soils
The soils within the Mitigation Area as mapped by the NRCS are Greenfield sandy loam, Oak Glen gravelly sandy loam, Saugus sandy loam, Oak Glen sandy Loam, Soboba gravelly loamy sand, and Tollhouse sandy loam (Soil Survey for the San Bernardino County southwestern Part, CA 677) (Exhibit 8). All of these soils are non- hydric soils per the NRCS National Hydric Soils List.

3.9 Vegetation
The vegetation habitats observed within the Mitigation Area include: Buckwheat - dominated Coastal Sage Scrub, Non-native Grassland, Annual Grassland, Oak Woodland, Southern Arroyo Willow Riparian, Mule Fat Scrub, other riparian habitats (CDFW associated waters of the State) and Rude ral/Disturbed. (Exhibit 9)

3.10 Hydrology

3.10.1 Drainage Area
The mitigation area is located in the Yucaipa sub -basin, within the Santa Ana River watershed (hydrologic unit 180,70.203). The Yucaipa sub -basin area covers approximately 40 square miles in San Bernardino County (California Groundwater Bulletin 18). Wilson Creek receives surface flows from the surrounding foothills.

Precipitation within the Mitigation Area sheet flows into the various ephemeral channels and is directed into Wilson Creek. Numerous small swaies and washes also exist throughout the Mitigation Area and convey flows during heavy rain events.

3.10.2 Potential Jurisdictional Waters of the State
The CDFW jurisdictional streambed of the Creek extends above the OHWM to the top of the deeply incised drainages where vegetation changes to non-native grasses at the top of the drainage. The CDFW streambed is 2,089 feet long and the average width isapproximately150feet. Riparian habitat and other associated habitat within the drainages consists of scattered elderberry trees on the drainage's slopes where the upper reaches of the drainages and transitions into oak woodlands in the middle and lower reaches of the drainages. The oak woodlands within the Mitigation Area, extends to the west of the Mitigation Area for about 1,000 feet where it joins with the oak woodland habitats associated with the various unnamed drainages in the southern part of the Mitigation Area. A 3-acre patch of southern arroyo willow riparian habitat occurs along Wilson Creek at the eastern boundary of the Mitigation Area. 2776I.00008N26237013.4 13
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4.0 MITIGATION SITE IMPLEMENTATION PLAN

4.1 Basis for Success
The mitigation program is expected to be successful for the following reasons: (1) the Mitigation Area is located at the base of the San Bernardino Mountains on a large, undeveloped alluvial fan that has a natural drainage course, Wilson Creek, and its numerous tributaries that collect and convey waters from the San Bernardino Mountains, cross the mitigation site and continues to the west where it joins Yucaipa Creek that eventually drains into San Timoteo Creek and the Santa Ana River; (2) preservation of the Mitigation Area will ensure the continued use of this natural drainage system to convey water through the Yucaipa watershed; (3) the plant palette selected includes a mixture of locally present streambed habitat and riparian species and; (5) the HMMP allows for adaptive management and remedial action, if necessary; and (6) a qualified restoration ecologist knowledgeable in native plant vegetation will supervise the implementation, maintenance, and monitoring of the mitigation.

Mitigation within the El Dorado Mitigation Area will be achieved through the preservation and enhancement of the ephemeral drainages. These ephemeral channels, as well as Wilson Creek, support extensive oak woodland habitats along the majority of their length.

4.2 Responsible Parties
The City of Yucaipa will maintain the management authority for ensuring the successful implementation of all mitigation activities. The Conservation Easements are being recorded as part of the Land Acquisition agreement executed by the City and the sellers (The Wildlands Conservancy and Yucaipa Valley Conservancy) when the property was acquired by the City to ensure the mitigation areas would be held in perpetuity.

The City will be responsible for the enhancement activities for these projects within the

6.19 acre Conservation Easement area includes site preparation, ongoing removal of non-native plant species, removal of trash and debris, and the installation of appropriate container and stock seed mixes and a five year monitoring period.

The IERCD will hold the easement as approved by the U.S. Army Corps of Engineers and will be responsible for the long-term management (after the success criteria have bneen approved by the regulatory agencies), monitoring and reporting of the Conservation Easement in perpetuity.

4.3 Financial Assurances
All costs associated with implementation of the mitigation program, as well as cost for the long-term management of the preservation areas, are the responsibility of the City of Yucaipa. This was done previously with the Wildwood Basin Project and the Oak Glen Creek Basin Project approved by the California Department of Fish and Wildlife. 27761.00008\26237013.4 14
05/13/2024 City Council Agenda 227

The City knowingly and willingly accepted the requirements of the compensatory mitigation required by CDFW. The City of Yucaipa will maintain the management authority for ensuring the successful implementation of all mitigation activities including all long term management cost. One Conservation Easement, comprised of the four collective project impact areas, is being recorded as part of the Land Acquisition Agreement, executed by the City and the sellers of the El Dorado site when the property was acquired by the City, to ensure the mitigation areas would be held in perpetuity.

The City will have the responsibility for monitoring the enhancement actions within the mitigation area. The IERCD has agreed to hold the easement and is a local CDFW- approved conservation entity.

All costs associated with implementation of the mitigation program, as well the as costs for the Long -Term Management Plan of the preservation areas, are the responsibility of the City of Yucaipa. The City is a municipal corporation in the State of California. The City is under control of a five -member City Council elected by the citizens of the City. It is administered by a City Manager. The City continues to maintain a strong financial condition as a result of a long—term fiscally conservative budgeting, and the expedient reallocation of resources to meet the needs of the community. The approved Fiscal Year 2015/2016 Capital Improvement Project (CIP) budget includes funds for these drainage projects to adequately fund the Long Term Management Plan requirements as required. The United States Army Corps of Engineers has agreed to enter into an Endowment Agreement with the IERCD in the amount of $237,577.97 for IERCD to hold, manage, monitor and report on the easement. These funds include costs for biological monitoring, oversight for invasive species removal, annual financial review and annual reporting during the initial five-year period and the perpetual management, maintenance, monitoring, and reporting of the conservation area thereafter.

4.4 Implementation Schedule
Conservation Easement will be recorded within 18months for each mitigation parcel designated below and as illustrated on Exhibits 10a and 10bfor a particular flood control project. For each mitigation parcel, the City will inspect the site and prepare and implement a revegetation plan, where appropriate, for enhancing the riparian and other associated habitat found within each mitigation parcel within 12 months after issuance of the permits. The City will provide oversight of the revegetation and invasive species removal. The City will provide annual financial review and annual reporting. The City is expected to provide:

1. Project Biologist.

2. Contract with a native seed supplier at least 3 months prior to planting to determine stock availability.

3. A qualified restoration ecologist with experience in habitat enhancement projects for installation.
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Planting, if required, should occur after the first rains between October 1 and April 30 to take advantage of the winter rainy season, cooler temperatures, dormancy of foliage, and rooting period to ensure optimum survival of plantings.

4.5 Site Preparation
Site preparation activities, where needed, consist of: (1) weed eradication; and (2) preparing planting holes for container stock, if recommended. Site preparation will be conducted outside of the avian nesting season (March 15 thru August 31), if possible. If project activities cannot avoid the avian nesting season, the City must adhere to any nesting bird survey requirements specified in the regulatory permits.

4.5.1 Weed Eradication
Undesirable exotic plants/non-native species will be eradicated from the slopes of the deeply incised channels. In the southern part of the Mitigation Area, the Coastal Sage Scrub (CSS) habitat has been subjected to grading and other agricultural activities and, as a result, has been replaced with non-native grasses. The introduced non-native grasses are also beginning to invade some the riparian and other associated habitat areas within the ephemeral channels. The eradication of non-native species on the slopes of the incised channels shall be performed by hand, by the use of herbicides, or by other methods approved by a qualified biologist or restoration ecologist. The type, quantity, and method of herbicide application will be approved by an Environmental Protection Agency (EPA) representative who will inspect the site, write project recommendations, and submit the same to the qualified biologist for approval.

A qualified biologist will direct the Contractor regarding the selection of target weed species, their location, and the timing of weed control operations to ensure that native plants are avoided to the extent possible.

4.5.2 Preparing Planting Holes for Container Stock
Where container stock plants are recommended, planting holes will be required. Each planting hole must be dug to measure two times the diameter and two times the depth of the container for all 1-gallon container plants and larger, using an auger or other method. Planting holes will be prepared under the direction of the qualified biologist.

4.6 Planting Plan
As noted above, native vegetation typical of the riparian and other associated vegetation found on the plateaus will be used to revegetate areas cleared of non-native species. Where possible, seeds should be obtained from randomly selected native plants occurring locally within the Yucaipa watershed. Where container stock is recommended, plants will be purchased from a reputable native plant nursery.

4.6.1 Plant and Seed Pallets
27761.00008\26237013.4 1.6
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The native plant pallet will include plant species that occur in the natural streambed and riparian habitats found within the Mitigation Area. Table 2 below, summarizes the types and quantity of seeds to be applied and/or plants to be installed for each mitigation area.
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Table 2: Riparian Plant Community Plant Pallet
Scientific Name
Common Name
tbs /Acre
pLS"`<
Quantity';
lbs.

Acmis on laber
Deerweed
3 0.09
Artemisia californica
California Sagebrush

0.1 0.003
Bromuscarinatus
California Brome
5 0.15
Enceliafarinosa
Brittlebush

1.5 0.04
Eriogonumfasciculatum
California Buckwheat
1 0.03
Erio h liumconfertifforum var. confertiflorum
Golden Yarrow

0.2 0.01
Salvia mellifera
Black Sae
1 0.03
Trifoliumaibo ur ureum
Rancheria Clover
3 0.09
Total

14.8 0.44
*Pure Live Seed

4.6.2 Planting Container Stock
The qualified biologist must be onsite to identify planting locations and ensure that plantings are installed in a natural pattern.

All appropriate container -grown plants must be inoculated with mycorrhizal fungi prior to delivery to the mitigation site. Plants inoculated with mycorrhizal fungi increases the success of the revegetation effort in disturbed or degraded soils.

Container stock will be planted, if required, in each preservation area. All container stock must be soaked the day before planting. Previously prepared planting holes will be thoroughly watered the day before planting. The hole will be backfilled with native soil to proper planting depth. The container will be upended into the palm of the hand to avoid damage to the root structure and placed in the planting hole. The top of the root ball will be set one inch above finished grade. The planting hole will be backfilled with native soil.

A three-inch high, hand compacted earth berm, approximately 36 inches in diameter, will then be constructed around each container plant. This watering basin will be maintained until the plants are no longer irrigated. Mulch will be applied as a top dressing, 2 to 3 inches thick, but must not come in contact with the stem of the plant.

Container stock will be watered immediately after installation.

4.7 Irrigation Plan
When natural hydrology is inadequate to ensure survival of installed plantings, supplementary irrigation must be provided. If necessary, supplementary irrigation should be provided as needed for a minimum of two years after installation of the plants.

Irrigation should then be phased out during the fall/winter of the second and third year unless severe conditions threaten survival of the plantings. All plants must survive and grow for at least two years without supplemental water for the restoration site to be 27761.00008\26237013.4 18
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eligible for sign -off.

4.8 Signage
Appropriate signage must be placed at regular intervals around the perimeter of each mitigation area to restrict access. The sign should include a contact number to the City11ERCD maintenance crew member that is constantly monitoring the site to report suspicious or illegal activities and should denote wording similar to:

NO TRESSPASSING

HABITAT PRESERVE
The City will be responsible for signage repair and replacement during the initial five- year period with IERCD responsible for the perpetual management thereafter.

4.9 As -Built Conditions
Once the mitigation has been implemented within each mitigation parcel, the monitoring biologist will submit a report to the resource agencies within 30 days of completion of the 90-day plant establishment period. The report will include a topographic map showing as -built locations of the irrigation and plantings, as installed. The report will also be inclusive of the Year 0 baseline data. The agencies may request a site visit to ensure that the mitigation has been implemented correctly.

5.0 MAINTENANCE ACTIVITIES DURING THE MONITORING PERIOD The purpose of this program is to ensure the success of initial enhancement efforts, where implemented, throughout the five-year monitoring period. The qualified biologist will monitor all enhancement efforts in order to detect any problems at an early stage, Potential problems could arise from unexpected erosion, vandalism, competition from weeds and invasive species, and unacceptable levels of disease and predation. After the five-year monitoring period, the iERCD will assume responsibility for long-term management and maintenance of the mitigation sites per the Long Term Management Plan to be approved by the CDFW.

5.1 Maintenance Activities
For a period of 120 days following completion of the planting installation, where implemented, the initial landscape contractor will be responsible for the care of the plantings. The purpose of the 120-day establishment period is to ensure continuity between the installation of the plant material and its short-term maintenance. The City's Contractor's presence during this period is proven to increase project success. The Contractor will control the spread of weed species and identify any efforts necessary to ensure the health and survival of the plantings.

Following the 120-day establishment period the project will be evaluated for health of 27761.00008\26237013.4 19
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plant material, and if judged satisfactory by the qualified biologist, the establishment period will be considered concluded and the long-term habitat maintenance program will begin. A different landscape contractor may implement this period of maintenance; the qualified biologist, however, will continue to review the project's success. The Contractor will perform the following tasks as general maintenance duties:
• Plant inspection
• Weed control
• Trash and debris removal
• Pest Control
• Plant replacement

5.1.1 Plant Inspection
After initial planting/seeding, the qualified biologist and contractor will check the mitigation site on a monthly basis through the 18t' month. The plants shall be inspected on a quarterly basis thereafter.

The qualified biologist shall prepare a written memorandum to the City after each monitoring site visit listing observations, problems and recommended remedial measures based upon field observations. A copy of this memorandum shall be sent to the Contractor for implementation. These memorandums shall focus on any and all problems including project horticulture, vandalism, weeding, irrigation scheduling, debris removal, pest control, etc. The qualified biologist shall be responsible for recommending all remedial measures to be implemented.

5.1.2 Weed Control
Habitats within the mitigation parcel, both the existing native riparian habitat, other riparian associated habitat, and any non-native species habitat that is restored to riparian habitat, shall be maintained free of weeds during the monitoring period. Weed eradication will minimize competition that could prevent the establishment of native species. All maintenance personnel will be trained to distinguish weed species from native vegetation to ensure only weedy species are removed or sprayed with herbicide.

As weeds become evident, they should be immediately removed by hand or controlled with an appropriate herbicide as determined by a licensed Pest Control Advisor (PCA).

The qualified biologist will be consulted and approve any herbicide application in advance. Weed debris shall be removed from the project area as accumulated and disposed of as permitted by law.

Weeds shall be manually removed or chemically treated before they can attain a height of three inches (Y) at intervals of not more than 30 days for the first two years of the project. All portions of the plant will be removed, including the roots. The qualified biologist shall direct the Contractor regarding the selection of target weed species, their location and the timing of weed control operations to ensure that native plants are 2776 1.00008\26237013.4 20
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avoided to the extent possible. Pulled weeds will be placed on a "mantilla" or other type of tarp to prevent the seeds from coming in contact with the ground.

5.1.3 Irrigation
The Contractor shall be responsible for applying sufficient irrigation water (if necessary) to adequately establish new plant materials, and germinate and establish the applied seed. Irrigation water, if required, shall be applied in such a way as to encourage deep root growth (periodic deep irrigation versus frequent light irrigation). The Contractor will allow soil to dry down to approximately 50 to 60 percent of field capacity (in the top six or 10 inches after germination and during seedling establishment) before the next irrigation cycle. Wetting of the full root zone and drying of the soil between irrigation events is essential to the maintenance of the plants and the promotion of a deep root zone that will support the vegetation in the years after establishment. Systems may need to be on for as long as six to eight hours at a time in order to get complete water penetration to the lower soil horizons to encourage deep root growth. A soil probe or shovel shall be used to examine soil moisture and rooting depth directly.

5.1.4 General Maintenance of Irrigation System
The Contractor will be responsible for the regular maintenance and repair of all aspects of the irrigation system. Poorly functioning or non-functioning parts shall be replaced immediately so as to not endanger the plantings.

General system checks shall be conducted no less than weekly for the first month after installation to assure the system is functioning correctly and monthly thereafter, except during periods when the irrigation system is not in operation as recommended by the qualified biologist.

5.1.5 Trash and Debris Removal
The mitigation site shall be well maintained in order to deter vandalism and dumping of trash. The Contractor is responsible for avoiding impacts to plantings during trash removal activities. Contractor shall, during daily routine maintenance, manually remove weeds, liter, trash, and debris from the mitigation site and dispose of such off -site as permitted by law. Dead limbs and tree fall shall be left in place in the revegetation areas.
5,1.6 Pest Control
Shrubs will be monitored for signs of disease, insect, and/or predator damage, and treated as necessary. Badly damaged plants will be pruned to prevent spreading of the pestilence or replaced in kind if removed. Excessive foraging by predators may necessitate protective screening around plants or other protection deemed appropriate by a biologist. The qualified biologist will be consulted on any pest control measures to 27761.00008\26237013.4 21
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be implemented. Rodenticides shall not be used on the mitigation site.

5.1.7 Plant Replacement
The installation Contractor will be responsible for replacing all container stock plants terminally diseased or dead for 120 days after plant installation. The long-term maintenance Contractors will thereafter replace all dead and/or declining plants in the winter months as recommended by the qualified biologist. Replacement plants shall be furnished and planted by the Contractor at his/her expense.

Replacement plants shall conform to the species, size requirements, and spacing as specified for the plants being replaced. The replacement plants shall be purchased from inventory at the same native plant nursery as were the contract grown plant stock.

5.1.8 Reseeding
Any areas where inadequate seed establishment has taken place will be reseeded on an annual basis between November 15t and March 31st to take advantage of the winter rainy season. These areas shall be reseeded with the same native species as for seed being replaced.

Any reseeding necessary to improve sparsely covered areas will be conducted following the same procedures specified. Such reseeding may be performed by hand broadcasting as determined by the qualified biologist.

5.1.9 Pruning
No pruning is necessary unless otherwise specified by the biologist. Dead wood shall be left on trees or where it has fallen as it plays an important role in habitat creation and soil formation.

5.2 Responsible Parties
The City of Yucaipa will be responsible for financing and ensuring maintenance activities are funded and performed. The City will be responsible for invasive species removal as well as oversight, trash removal, and sign repairs and replacement during the five-year monitoring period.

The IERCD (an approved CDFW entity) will be responsible for holding the Conservation Easement, the biological monitoring, the oversight of invasive species removal, the annual financial review, and the annual reporting only after the five-year monitoring period and the success criteria have been approved by the regulatory agencies.

Long-term monitoring cost of the Ei Dorado Mitigation Area will be funded by the City in perpetuity. The United States Army Corps of Engineers and the IERCD will enter an 27761.00008\26237013.4 22
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Endowment Management Agreement establishing the long-term management responsibilities of IERCD. Prior to the execution of the Endowment Management Agreement, the City will fund the endowment in the amount of approximately $240,000, to be held and managed in perpetuity by the IERCD, for the perpetual habitat management, biological monitoring, invasive species removal, minor trash removal and clean-up, signage maintenance and replacement, annual financial review, and annual reporting.

5.3 Maintenance Schedule
Table 3 below provides a schedule for maintenance inspections.

Table 3, Maintenance Schedule
Monthly through
Plant Inspection
Monthly first 12
18'' month,
Quarterly
Quarterly
Quarterly
months
quarterly
thereafter
Monthly
Irrigation System
Monthly
As
NIA
N/A
Inspection
Required
Trash and Debris
Monthly
Quarterly
Quarterly
Quarterly
Quarterly
Removal
Weed Control Minimum of Month
Pest Control Month)
Plant Replacement Annual)
Monthly
Quarterly I
Quarterly
Quarterly
Bi-Monthly
Quarterly
Quarterly
Quarter)
.Annually
Annually
Annually
Annual)
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236

6.0 MONITORING PLAN AND DOCUMENTATION
Monitoring will be performed by the project biologist to facilitate compliance with the success criteria set forth in this section.

6.1 Performance Standards, Target Dates, and Success Criteria Performance criteria used to evaluate success of the enhancement areas include survival and percent cover. Success will be based on achieving specific target levels at the end of each year, as summarized below in Table 4.

Table 4 Enhancement Site Performance Standards
Year
Percent StrvEval`
Percent Cover by
Percent Cover`
13y Non Native`
Max�m;utn
Percent`Bare
-
h S e es c�
y p
Native Species
_
- Species
: Ground
1 80
N/A
<5
N/A
2 80
N/A
<5
N/A
3 90
70 <5
30 4
100
75 <5
25 5
100- --
80 <5
20 Enhanced areas will be monitored for success based on the performance standards of 80 percent cover of native plants and less than 5 percent cover by non-native species at the end of the 5 year monitoring period.

6.2 Target Functions and Values
The compensatory mitigation parcels are existing ephemeral drainages that qualify as waters of the State and will continue to function as high quality drainages. These drainages contain well developed riparian habitat characterized by a high degree of horizontal and vertical interspersion among plant zones and layers. However, enhancement actions will include the removal of non-native species and the enhancement of restored areas to increase the function and value of the waters of the Statewithinephemeral drainages.

Restoration and enhancement activities will be confined to associated upland areas within each mitigation parcel and will target the removal of non-native species and revegetation with native upland species. The target function for the upland areas will be the return of the native plant community and associated bare ground in order to enhance the conveyance of flood waters into the ephemeral drainages.

6.3 Target Hydrological Regime
The onsite ephemeral drainages will be permanently preserved and will provide for the continued flow across the site during storm events, conveying the water to Wilson Creek. The removal of non-native species and restoration of areas with non-native 27761.00008\26237013.4 24 X4�
05/13/2024 City Council Agenda 237

species will further enhance that site's capacity for receiving storm flows and directing the collected storm waters to Wilson Creek.

6.4 Target Jurisdictional and Non -Jurisdictional Acreage to be Preserved andlor Enhanced
The combined mitigation target is to permanently preserve and enhance 5.66 acres of ephemeral drainage. These deeply incised channels are vegetated with riparian habitat and associated habitat throughout their length and are subject to CDFW jurisdiction. No upland habitats have been included in the three parcels that are the subject of this HMMP.

6.5 Monitoring Methodology

6.5.1 Qualitative Monitoring
Qualitative surveys will be performed by the project biologist and will consist of a general site walk. General observations, such as health of the riparian community and other associated habitat, pest problems, weed establishment, mortality, and drought stress, will be noted in each site visit. The biologist will also note observations of wildlife use and native plant recruitment for the purposes of later discussion in the annual reports. Remedial actions will be determined, as needed, by the project biologist, during the site visits, to facilitate compliance with performance standards. All remedial measures undertaken will be referenced in the annual report to the CDFW.

6.5.2 Quantitative Monitoring
Each mitigation site will be monitored for five years following the establishment of a Conservation Easement over the designated parcel and the completion of enhancement, where required, unless final success criteria are met prior to this point in time. The monitoring program will consist of the measurement of performance indicators and the assessment of these indicators relative to established performance criteria.

Qualified habitat restoration specialists, biologists, or horticulturist with appropriate credentials and experience in native habitat restoration shall perform monitoring.

Continuity within the personnel and methodology of monitoring shall be maintained, insofar as possible, to ensure comparable assessments.

Permanent stations for photo -documentation will be established prior to or during the first annual monitoring event. Photos shall be taken each monitoring period from the same vantage point and in the same direction each year, and shall reflect material discussed in the annual monitoring report.

6.6 Monitoring Schedule
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Monitoring will be conducted for all enhancement areas and will include the removal of non-native species and the installation of native vegetation. Qualitative monitoring will be conducted monthly for the first 18 months and will begin immediately after installation of any required mitigation.

The first quantitative annual monitoring will commence the June following the first growing season after installation and every year thereafter until all five year performance standards are met and CDFW have accepted the project.

6.7 Annual Monitoring Reports
At the end of each of the five monitoring period growing seasons, for the duration of the monitoring period, an annual report will be prepared for submittal to CDFW. The CDFW Streambed Alteration Agreement requires that the first annual monitoring report be submitted no later than April 30, 2016. All subsequent reports will be submitted by December 31s1 of each monitoring year.

These reports will assess both attainment of yearly target success criteria and progress toward final success criteria. These reports shall include the survival andlor replacement of tree and shrub container stock, percent cover of native vegetation, overall visual estimates of the heights of both tree and shrub species, and diversity data. These reports will also include the following:
• A vicinity map indicating the location of the mitigation site • A mitigation site plan identifying habitat types, transect locations, photo station locations, etc. as appropriate
• Copies of all monitoring photographs
• An analysis of all qualitative and quantitative monitoring data

7.0 COMPLETION OF MITIGATION

7.1 Notice of Completion
The City shall notify CDFW in writing when the monitoring period for a particular mitigation parcel is complete and the approved success criteria have been met. CDFW will provide their concurrence on the successful completion of mitigation.

7.2 CDFW Confirmation
If the project meets all success criteria at the end of the five-year monitoring period, the mitigation will be considered successful. if not, the maintenance and monitoring program will be extended one full year at a time, and a specific set of remedial measures approved by CDFW will be implemented until the standards are met. Only 27761.00008\26237013.4 26
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those areas that fail to meet the success criteria will require additional monitoring. This process will continue until all performance standards are met or until CDFWdetermine that other revegetation measures are necessary.

Final success criteria will be considered to have been met a minimum of two years after all human support, including artificial irrigation has ceased. Should the revegetation effort meet all goals prior to the end of the five-year monitoring period, CDFW, at their discretion, may terminate the monitoring effort.
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8.000NTINGENCY MEASURES

8.1 Initiating Procedures
If it is determined that the mitigation site will not meet the success criteria at year five, appropriate contingency measures will be performed if determined necessary by CDFW and as recommended by the project biologist, to return the site to compliance.

Contingency measures will be based on an adaptive management approach and will include: reseeding and replanting with quantities of appropriate species, additional weed control, and/or implementation of erosion control and stabilization measures. If the mitigation site has not met one or more of the performance criteria, the maintenance and monitoring obligations will continue one year at a time until the agencies give final approval that the mitigation obligations have been satisfied.

8.2 Alternative Locations for Contingency Compensatory Mitigation Sufficient area and appropriate rationale are provided for implementation of mitigation at the El Dorado Mitigation Area; therefore, alternative locations should be unnecessary.

Should alternative locations for mitigation be required, the site will be located at another site within the Mitigation Area and a new mitigation strategy may need to be developed in coordination with the CDFW.

8.3 Funding Mechanism
The City of Yucaipa will fund planning, implementation, maintenance and monitoring of any contingency measures that may be required to achieve mitigation goals as part of the endowment. The United States Army Corps of Engineers will enter into an Endowment Management Agreement with IERCD to fund the duties outlined in the Conservation Easement. The following measures have been offered as evidence to demonstrate financial ability to support all necessary mitigation requirements: (1) The Conservation Easement for the four projects will be recorded as part of the Land Acquisition Agreement; (2) the IERCD and the U.S. Army Corps of Engineers will enter into an Endowment Management Agreement for the long-term funding of the mitigation site; and (3) the City's approved 2014/2015 Capital Improvement Program budget includes the endowment funds for long term management of the mitigation site.

8.4 Responsible Parties
The City of Yucaipa and IERCD will be responsible for implementing, maintaining and monitoring any contingency procedures by adding an extra line -item to the endowment cost spreadsheet. The United States Army Corps of Engineers will execute an Endowment Management Agreement with IERCD (as an approved CDFW entity) to perform the duties of holding the Conservation Easement, biological monitoring, invasive species removal, annual financial review, and annual reporting. The City will fund and perform the duties of invasive species removal, trash removal, and sign repair and replacement. After the five-year monitoring period the IERCD will perform all duties 27761.00008\26237013.4 28
05/13/2024 City Council Agenda 241

associated with the management, maintenance, monitoring and reporting of the mitigation area per the Long -Term Management Plan approved by CDFW. 27761.00008\262370I3.4 29
05/13/2024 City Council Agenda 242

ATTACHMENT 2
05/13/2024 City Council Agenda 243

AMENDMENT NO. 1 TO CONSERVATION SERVICES AGREEMENT
This Amendment to the Conservation Services Agreement ("Amendment") is entered into this 13th day of May 2024 (the "Execution Date") by and between the CITY OF YUCAIPA, (referred to herein as "City") and the INLAND EMPIRE RESOURCE CONSERVATION DISTRICT (referred to herein as "IERCD"). City and IERCD are sometimes individually referred to as "Party" and collectively as "Parties."

RECITALS
A. The City and IERCD entered into a Conservation Services Agreement ("Agreement") on December 12, 2016, for IERCD to perform on behalf of the City and be compensated for certain conservation activities required by the Habitat Mitigation and Monitoring Plan For Various CIP Projects in the City of Yucaipa ("Project").

B. Pursuant to Section 3 of the Agreement, the Parties may amend the Agreement after the initial five (5) year period to change, extend or augment Sections 1 and 2 in order to complete the implementation of the HMMP.

C. The Parties now wish to amend the Agreement to revise the funding and extend the term.

NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and based on the mutual covenants contained herein, the Parties do hereby modify the Agreement as follows:

AMENDMENT

1. Capitalized Terms. Capitalized terms used in this Amendment and not separately defined shall have the meaning set forth in the Agreement.

2. Activities. Section 1 of the Agreement is hereby amended to extend the time needed for IERCD to implement the IERCD Activities to continue until December 31, 2025, unless further extended by the Parties through an additional amendment.

3. Funding. Section 2 of the Agreement is hereby amended to increase the amount of the Conservation Fee by SEVENTY-SIX THOUSAND SIXTY AND THIRTY-EIGHT DOLLARS ($76,060.38) paid by the City to IERCD at the execution of this Amendment.

4. Remainder Unchanged. Except as set forth herein, all provisions of the Agreement shall remain in full force and effect and shall govern the actions of the Parties hereto. [SIGNATURE PAGE TO FOLLOW]
2 76 . fflit 348076.z 244
05�13�2 4 City Council Agenda

SIGNATURE PAGE TO

AMENDMENT TO CONSERVATION SERVICES AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date as indicated beside each Party's signature.

CITY: Date:

CITY OF YUCAIPA
By:

Justin Beaver, Mayor
Date:

IERCD:

INLAND EMPIRE RESOURCE

CONSERVATION DISTRICT
Rick Gomez, President
27761.000p8 Q134g076.2245
OS/13/2024 ity Council Agenda

ATTACHMENT 3
05/13/2024 City Council Agenda 246

S � to- i y { �` i i+f �� : •. r . -- � ` �

RESOURCE CONSERVATION DISTRICT

IERCD SCOPE OF WORK AND COST ESTIMATE

BACKGROUND
In 2014, the City of Yucaipa received regulatory permission from permitting agencies to place individual mitigation requirements alongside one another within the 334-A El Dorado Preserve in upper Yucaipa.

El Dorado contains a degraded ephemeral streambed connecting to Wilson Creek before entering San Timoteo Creek, a major tributary to the Santa Ana River. Project goals in placing these mitigations at this site include uplifting the function of the streambed and surrounding bufferforthe benefit of dependent species. Following placement, the City developed a Habitat Mitigation and Monitoring Plan (HMMP) to guide five years of site establishment, prior to perpetuity protection of the projected uplift within the larger conservation site. In 2o16, the City conveyed grantee interest in an easement covering the 6.19-A of the El Dorado project site to the IERCD, in addition to contracting for District oversight of contractor restoration and enhancement over the acreage consistent with the design and terms of the site HMMP. The IERCD carried out restoration, enhancement, and conservation activities in 2o16 and 2017, 2o18, 2019, 2020, 2021, and 2022.

In November 2020, the El Dorado Fire burned through approximately 1/3 of the restoration area. This resulted in a significant setback in reaching the required success standard of "8o% cover of native plants" outlined in the approved HMMP. After several years of monitoring for natural regeneration of native plants following the fire, IERCD staff have concluded that additional supplemental passive restoration work will be needed to remedy (1) the lack of natural regeneration of native plants and (2) a significant increase in weed pressure resulting from offsite seed moving in from the immediate areas abutting the restoration area following the disturbance caused by the fire. This Scope of Work details additional restoration work that is necessary to reach project success given the above.

SCOPE OF WORK AND SCHEDULE OF ACTIVITIES
Restoration maintenance work will continue to be conducted by IERCD field staff with efforts primarily focused on invasive species control and passive facilitation of native plant growth. Invasive species will be managed by a variety of methods including hand removal, herbicide application, and mechanical line trimming. IERCD field staff will also perform supplemental seeding of the north burned slope, which showed an exceptional lack of natural recovery following the fire. Seeding will occur immediately before or shortly after the 2023-24 rainy season begins. A more detailed schedule is shown in the table below.
05/13/2024 City Council Agenda 247

El Dorado Mitigation Schedule of Activities
Period Action
2024
January Preliminary grow/kill followed by minor supplemental seeding April Annual monitoring and photo point collection
January - June Invasive species management and annual transect monitoring July - December Monthly monitoring and minor invasive species management 2025
January Preliminary grow/kill followed by minor supplemental seeding April Annual monitoring and photo point collection
May Initiate project sign off
January -June Invasive species management and annual transect monitoring July - December Monthly monitoring and minor invasive species management 05/13/2024 City Council Agenda 248

COST ESTIMATE DETAIL
Admin: Project Coordination, Documentation, Project Sign Off, Reporting Restoration Ecologist
$79.03
$82.98
RE Hours
25 25
Mitigation Programs Lead

67.17 $70.53
MPL Hours
40 40
Totals
$4,662.55
$4,895•68 $9,558.23
Implementation: ISR, Seed Collection/Distribution;
Field Monitoring; Adaptive Mgmt
Restoration Ecologist
$79.03
$82.98
RE Hours
10 10
Field Ecologist
s61.o8
$64.13
RE Hours
120
go
Restoration Technician Crew
$199.70
$209.69
RT Hours
8o
70 Totals
$24,095.9S
$21,279.87 $45,375.83
One -Time
Herbicide
$87S.00
sg18.75
Mileage
$780.00
$81g.00
2023 Unfunded Labor
$1o,81g.00
Totals
$12,474•00
$1,737.75
Cumulative Costs Table
Labor $28,758.5o
$26,175 55
One -Time Costs
$12,474.00
$1,737.75
Subtotal
$41,232.50
$27,913.30
Contingency
$4,123.25
$2,791.33
Final Cost
$45,355.75
$30,704 63
Estimate valid for 6o days from date of matrix
$14, 211.75
$76,o6o.38
05/13/2024 City Council Agenda 249

Agenda Item No. 15

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services
FOR: City Council Meeting of May 13, 2024
SUBJECT: Yucaipa Equestrian Arena Overnight Camping
RECOMMENDATION:

That the City Council waive the provisions of Yucaipa Municipal Code Section 12.06.030(A) and (D) regarding overnight camping at the Yucaipa Equestrian Arena (Arena) for the California State Horsemanship Association (CSHA).

DISCUSSION:

The CSHA has rented the Arena to host a multiday Gymkhana event and needs to monitor and care for the animals involved in the event. Therefore they are requesting permission to allow overnight camping at the Arena on the following dates:

September 26, 2024
September 27, 2024
September 28, 2024
Yucaipa Municipal Code (YMC) Section 12.06.030, Sub -Section (A) and (D) restricts overnight camping in public places. Contingent upon City Council approval, CSHA will be allowed to camp on the premises in self-contained recreational vehicles.

FISCAL IMPACT:

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

Approved
05/13/2024 City Council Agenda 250

Agenda Item No. 16

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin Matlock, Deputy Director of Community Development/City Planner,,;`_�� FOR: City Council Meeting of May 13, 2024
SUBJECT: Contract Amendment No. 1 - On -call Professional Environmental Review Services for Private Development Projects
RECOMMENDATION:

That the City Council authorize the City Manager to execute Contract Amendment No. 1 with Ruth Villalobos & Associates, Inc., increasing their contract by $150,000 for a revised total of $225,000 for providing on -call Professional Environmental Review Services for Private Development Projects.

BACKGROUND/DISCUSSION :

The California Environmental Quality Act (CEQA) is a law that was established in the early 1970s to document and disclose project -related impacts to the environment during the decision -making process. All discretionary) projects undertaken by the City, including the approvals of private land development projects, are subject to the CEQA review process. Many smaller scale discretionary projects will qualify for an exemption from CEQA, which limits the total necessary review; however, many larger projects may require the preparation of Initial Studies (IS) and/or Negative Declarations (NDs), Mitigated Negative Declarations (MNDs), or Environmental Impact Reports (EIRs), along with supporting environmental technical studies, to provide the substantial evidence for the project's approval.

The environmental review process is a core element for the approval process for private land development projects, and the environmental -related impacts are often the key issues that surrounding residents and decision makers have regarding those projects. At the July 13, 2020, City Council Meeting, the City Council recognized that the technical standards, analytical methods, computer models, and legal requirements needed to comply with the CEQA review process has continued to expand, and that significant staff resources would be required to prepare these efforts "in-house." The use of on -call environmental consultants for the review of private land development projects is common to many cities, including every city that surrounds Yucaipa as well as all the cities surveyed in Inland Empire, which includes Calimesa, Redlands, Highland, Loma Linda, Colton, Ontario, and Rancho Cucamonga. As a result, the City Council directed staff to implement on -call environmental services to provide the required reviews for private development projects.
0�®W01tpi'j#atloingprojects that are approved by staff, are not subject to CEQA 251

To ensure a business -friendly approach, the City Council directed staff at their Regular Meeting of February 13, 2023, to research potential strategies that would maintain a business friendly and cost-conscious approach to the environmental review process for private land development projects, while still maintaining a thorough review process and effective use of staff resources.

Following that direction, the City Council ultimately expanded its list of environmental on -call consultants at their Regular Meeting of May 22, 2023, from 4 firms to 7 different firms, which would allow more competitive proposals from both a cost and timing perspective.

The on -call process has been effective at providing quality analysis of proposed projects and has resulted in a substantial time savings for projects to complete the review process, along with responding to any issues that may occur during the process (such as responding to tribal consultation inquires). Based on the current firms available with our process, there are enough options that can be tailored to the unique needs of a project, with technical resources available to support specific environmental concerns, as well as resources that can either meet tighter timelines or budgets.

One of the firms selected, Ruth Villalobos & Associates, Inc. (RVA), has become one of the preferred firms for our on -call process because of their responsiveness and competitive rates, and is now approaching the limit of their authorized contract of $75,000. Based on the quality of their work and their reasonable rates, an increase to their contract is requested so that projects can continue to have this firm as an option. Of note, two different private land development projects that are pending have recently requested RVA based on the scope of work and proposals that were received.

FISCAL IMPACT:

Private development projects that necessitate the preparation of environmental review documents to meet the requirements of CEQA are processed through a deposit account, where the project applicant bears the total processing costs of completing the review process for a project. Therefore, the cost for the proposed services would be the applicant's responsibility, and a deposit for the proposed task order would be required to begin the work.

No impact to the General Fund would occur with the proposed recommendations.

Attachments:
1) Contract Amendment No 1 - Ruth Villalobos & Associates, Inc.

Approved by:
05/13/2024 City Council Agenda 252

ATTACHMENT 1
05/13/2024 City Council Agenda 253

AMENDMENT NO. 1 TO "PROFESSIONAL ENVIRONMENTAL REVIEW
SERVICES FOR PRIVATE DEVELOPMENT PROJECTS"
THIS AMENDMENT, made and entered into this 131h day of May 2024, by and between Ruth Villalobos & Associates, Inc., hereinafter called "CONSULTANT," and the City of Yucaipa, a municipal corporation, hereinafter called "City,"
NOW, THEREFORE, CONSULTANT and CITY mutually agree as follows:

Subject to the terms and conditions of the original agreement dated May 22, 2023, between the subject CONSULTANT and CITY, shall be as follows for the additional professional services.

Original Not -To -Exceed Amount $ 75,000
Proposed Amendment No. 1 for FY25 S 150,000
Revised FY25 Agreement Amount $ 225,000
Agreement Amendment No. 1 revises the total overall not to exceed contract amount from $75,000 to $225,000.

CITY Fee and Payment Thereof
The CITY will pay the CONSULTANT for services rendered in the total amount NOT TO EXCEED $225,000 for the work required to complete professional services for On -call Professional Environmental Review Services for Private Development Projects.

IN WITNESS WHEREOF, the parties hereto have executed this agreement on the 1311 day of May' 2024.

ATTEST:

Date
Ana V. Sauseda, MMC
Director of General Services/City
Clerk
City of Yucaipa
A Municipal Corporation
Date
Chris Mann, City Manager
Ruth Villalobos & Associates, Inc Date
05/13/2024 City Council Agenda
254

Agenda Item No. 17

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: First Extension and Amendment to the Lease Agreement between the City of Yucaipa and the County of San Bernardino for Police Facility
RECOMMENDATION:

That the City Council authorize the City Manager or his designee to administer the terms of the First Extension and Amendment to the Lease Agreement between the City of Yucaipa and County of San Bernardino for the premises located at 34114 Yucaipa Blvd, Yucaipa, CA 92399.

DISCUSSION:

On June 20, 2014, the City of Yucaipa as Landlord (City) and the County of San Bernardino as tenant (County) entered into a lease agreement wherein the City agreed to lease the premises compromising approximately 22,078 square feet located at 34114 Yucaipa Blvd to the County. In the lease the County shall pay the City an annual rent fee of $1 per year, with the option to extend the terms of the lease for two five-year extensions at $1 per year. This property currently houses the County Sheriff substation, otherwise known as the Yucaipa Police Department. The lease is currently scheduled to expire on June 30", 2024.

The City and County wish to amend the lease to reflect the County's exercise of the first of its two five-year options to extend for the period of July 1", 2024, through June 30th, 2029, at the rate of $1 per year. All other provisions and terms of the lease shall remain the same.

FISCAL IMPACT:

The FY25 Annual Budget includes the cost of this item.

Attachment(s):

1. Original Contract Executed June 24th, 2014.

2. Extension and Contract Amendment
Approved By:
05/13/2024 City Council Agenda 255

ATTACHMENT 1
05/13/2024 City Council Agenda 256

Vt \tvily1-1L

FOR COUNTY USE ONLY
OOVM; ,
a N SFRNARU w t
jm
County of San Bernardino
FAS

CONTRACT TRANSMITTAL
CONTRACTOR City of Yucaipa
New
Change
Cancel
FAS Vendor Code
RR91PPTYTX
�+
SC
Dept
RNT
Contract Number
lt-�_L{�j2
ePro Vendor Number
00005151
ePro Contract Number
1411165
County Department Dept. Orgn.Contractor's
Real Estate Services Department RNT RNT
License No.

County Department Contract Representative Telephone
David H. Slaughter, Director 909 387-5252
Total Contract Amount
$10.00
_ Contract Type
I T Revenue !0 Encumbered ® Unencumbered ® Other:

If not encumbered or revenue contract type, provide reason:

Commodity Code
96164
Contract Start Date
7/1 /2014
Contract End Date
6/30/2024
Original Amount
$10.00
Amendment Amount
Fund
AAA
Dept.

RNT
Organization
RNT
Appr.
200
Obj/Rev Source
2905
GRC/PROJ/JOB No.

Amount
Fund
Dept.

Organization
Appr.

Obj/Rev Source
GRC/PROJ/JOB No,
Amount
Fund
Dept.

Organization
Appr.

Obj/Rev Source
GRC/PROJ/JOB No.

Amount
Project Name

YUCAIPA - SHERIFF
Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount I/D
34114 Yucaipa Boulevard
Federal ID No. or Social Security No.

Contractor's Representative Raymond A. Casey, City Manager Address 34272 Yucaipa Blvd., Yucaipa, CA 92399-9950
Nature of Contract:

Phone (909) 797 - 2489
This Lease ("Lease") for the Yucaipa Sheriff Station is for a period of ten (10) years with two (2) five-year options. Leased Premises consist of 22,078 square feet of office space. Rental is $1.00 per year. CITY shall provide all maintenance including janitorial service, grounds, exterior and interior maintenance and repairs, parking lot and maintenance including exterior lighting. CITY to provide all utilities including electricity, natural gas, water, sewer, trash, fire alarm, and extinguisher services.

COUNTY services also include telephones, copiers, printers, fax machines, computers and associated IT services, televisions, office supplies, radio/communications equipment and stand-alone file cabinets as covered under the current Law Enforcement Services Contract between the COUNTY and CITY.

Approved as to Legal
► (See Signature Page)
County Counsel
Date
in blue ink) I Reviewed as to Contract Compliance
Auditor-Controller/Treasurer/Tax Collector Use On!
❑ Contract Database ❑ FAS
Input Date Keyed By
05/13/2024 ity Council Agenda
Date
Terry
Date
ignature
Real Estate Services Dept.
257
Revised 03/22/2012

COUNTY OF SAN BERNARDIiNO

LEASE AGREEMENT
CITY: CITY OF YUCAIPA
34272 Yucaipa Boulevard
Yucaipa, CA 92399-9950
COUNTY: COUNTY OF SAN BERNARDINO
Real Estate Services Department
385 North Arrowhead Avenue, Third Floor
San Bernardino, CA 92415-0180
PREMISES: 34114 Yucaipa Boulevard
Yucaipa, CA 92399
TERM OF LEASE: Ten (10) years with two (2) five-year options COMMENCEMENT DATE OF LEASE: Upon completion of construction of the facility and issuance of a certificate of occupancy
RENT: S 1.00 per year
COUNTY CONTRACT NUMBER:

REV: 11-28-2012
TYPED:
05/13/2024 City Council Agenda 258

TABLE OF CONTENTS

PARAGRAPH CAPTION PAGE
l.

PARTIES........................................................................................................ I

2. PREMISES LEASED..................................................................................... l

3. TERM.............................................................................................................1

4. RENT..............................................................................................................1

5. EXPANSION OF RENTAL SPACE..............................................................1

6. REDUCTION OF RENTAL SPACE.............................................................1

7. OPTION TO EXTEND TER -Mt ....................................................................... I S.

RETURN OF PREMISES..............................................................................2

9. HOLDING OVER...........................................................................................2

10. TAXES............................................................................................................2

11. USE.................................................................................................................2

12. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS .........................2 1 '
SIGNS ..................................................................................................... ........2

14. MAINTENANCE...........................................................................................3

15. ALTERATIONS.............................................................................................4

16. FIXTURES......................................................................................................4

17. UTILITIES......................................................................................................4

18. INDEMNIFICATION.....................................................................................4

19. INSURANCE REQUIREMENTS AND SPECIFICATIONS ........................5

20. DESTRUCTION OF PREMISES...................................................................5

21. CITY'S DEFAULT.........................................................................................6

22. COUNTY'S REMEDIES ON CITY'S DEFAULT.........................................6

23. COUNTY'S DEFAULT..................................................................................7

24. CITY'S REMEDIES ON COUNTY'S DEFAULT.........................................7

25. CITY'S ACCESS TO PREMISES..................................................................7

26. NOTICES........................................................................................................8

27. INCORPORATION OF PRIOR AGREEMENT............................................8

28. WAIVERS......................................................................................................9

29. AMENDMENTS............................................................................................9

30. SUCCESSORS...............................................................................................9

31. SEVERABILI TY............................................................................................9

32. TIME OF ESSENCE......................................................................................9

33. QUIET ENJOYMENT....................................................................................9

34. PROVISIONS ARE COVENANTS AND CONDITIONS ............................9

35. CONSENT......................................................................................................9

36. EXHIBITS.......................................................................................................9

37. LAW...............................................................................................................9

38. RESERVED....................................................................................................9 05/13/2024 City Council Agenda 259

Table of Contents
Page -2-

PARAGRAPH CAPTION PAGE

39. ATTORNEYS' FEES AND COSTS...............................................................9

40. RESERVED..................................................................................................10

41. RIGHT TO TERMINATE LEASE...............................................................10

42. CAPTIONS, TABLE OF CONTENTS AND COVER PAGE.....................10

43. SURVIVAL..................................................................................................10

44. FORMER COUNTY OFFICIALS................................................................10

45. HAZARDOUS SUBSTANCES...................................................................10

46. PUBLIC RECORDS DISCLOSURE: .......................................................... 11 47.

CONDITION OF PREMISES......................................................................12

48. CONDEMNATION......................................................................................12

49. MATERIAL MISREPRESENTATION.......................................................13

50. INTERPRETATIONS..................................................................................13

51. USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009 FUNDS AND REQUIREMENTS.......................................................13

52. SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS....................14

53. AUTHORIZED SIGNATORS......................................................................15 EXHIBIT "A" Premises Specifications
EXHIBIT `B" Janitorial Contractor Services
EXHIBIT "C" List.of Former County Officials
EXHIBIT "D" Insurance Provisions
05/13/2024 City Council Agenda 260

LEASE AGREEMENT

1. PARTIES: This lease ("Lease") is made between the City of Yucaipa, a municipal corporation ("CITY"), and the County of San Bernardino, a political subdivision of the State of California ("COUNTY"), who agree as follows:

2. PREMISES LEASED: LANDLORD leases to COUNTY and COUNTY leases from CITY 22,078 square feet of the building, and other improvements, with eighty-eight (88) parking spaces, including handicapped parking, to be located at 34114 Yucaipa Boulevard, Yucaipa, CA 92399 ("Premises"), as described in Exhibit "A", Premises Specifications.

3. TERM: The Lease's initial term ("Initial Term") shall commence upon completion of construction and issuance of a certificate of occupancy for the Premises ("Commencement Date") and end on June 30, 2024 ("Ending Date").

4. RENT: COUNTY shall pay to CITY annual rent of $1.00 in advance on the first day of each year. CITY shall accept all rent and other payments from COUNTY under this Lease via electronic funds transfer (EFT) directly deposited into the CITY's designated checking or other bank account. CITY shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments.

5. EXPANSION OF RENTAL SPACE: There is no expansion of rental space.

6. REDUCTION OF RENTAL SPACE: If at any time during the term of this Lease, CITY ceases to contract with the COUNTY for law enforcement services, the Parties agree that the CITY shall have a one-time right to reduce the size of the Premises leased to the COUNTY to 10% of the Premises, or a smaller percentage as may be agreed upon by the Parties, provided that CITY delivers written notice to COUNTY of such election to reduce (the "Reduction Notice") not less than one hundred eighty (180) days prior to the proposed reduction date (the "Reduction Date"). The Reduction Notice shall identify (a) the area of the Premises that is the subject of the reduction ("Reduction Space") and (b) the area of the Premises that will remain subject to this Lease (the "Remaining Space"). CITY shall be obligated, at its sole cost and expense, to construct and install tenant improvements in the Remaining Space to the reasonable satisfaction of COUNTY, provided that CITY shall not be obligated to pay costs and expenses for tenant improvements exceeding Two Thousand Five Hundred Dollars and 00/100 ($2,500.00). CITY shall complete all such tenant improvements in the Remaining Space prior to the Reduction Date. Within sixty (60) days of delivering to the COUNTY the Reduction Notice, CITY shall prepare and deliver to COUNTY an amendment to this Lease to accurately reflect the changes in the Premises and any other appropriate terms.

7. OPTION TO EXTEND TERM: CITY gives COUNTY the option to extend the tern of the Lease on the same provisions and conditions, for two (2) five-year periods ("extended terms") following expiration of the Initial Term, by COUNTY giving notice of its intention to exercise the option to CITY prior to the expiration of the preceding term. COUNTY shall give CITY notice of its intention to exercise the option at least 90 days prior to the expiration of the Initial Term and 90 days prior to the expiration of the first extended tern in the event COUNTY had exercised its option for the first extended term.
1 05/13/2024 City Council Agenda 261

8. RETURN OF PREMISES: The COUNTY agrees that it will, upon the termination of this Lease, return the Premises in a good condition as the Premises now are or shall hereafter be put; reasonable wear and tear excepted.

9. HOLDING OVER: In the event the COUNTY shall hold over and continue to occupy the Premises with the consent of the CITY, expressed or implied, the tenancy shall be deemed to be a tenancy from month -to -month upon the same terms and conditions, including rent, as existed and prevailed at the time of the expiration of the term of this Lease.

10. TAXES: CITY shall pay all real property taxes, and general and special assessments levied and assessed against the Premises.

11. USE: COUNTY shall occupy and use the Premises for the purpose of conducting law enforcement activities in the City of Yucaipa and in County -governed areas surrounding the City of Yucaipa.

12. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS:

A. As a condition precedent to the existence of this Lease, CITY, at its sole expense will ensure that all portions of the Premises meet the applicable requirements of all Health, Safety, Fire and Building Codes, statutes, regulations and ordinances for public and governmental buildings, including any requirements for a notice of completion, certificate of occupancy, California Title 24 requirements and the Americans with Disabilities Act ("ADA").

Specifically, CITY must ensure there is an accessible path of travel from public transportation to the Premises pursuant to Title 24. Additionally, CITY warrants that to the best of its knowledge, any improvements on or in the Premises which have been constructed or installed by CITY or with CITY's consent or at CITY's direction shall comply with all applicable covenants or restrictions of record and applicable Codes, statutes, regulations and ordinances in effect on the Commencement Date. CITY also warrants to COUNTY that CITY has no actual knowledge of any claim having been made by any governmental agency that a violation or violations of applicable Codes, statutes, regulations, or ordinances exist with regard to the Premises as of the Commencement Date. Should the continued occupancy of the Premises be in any way prejudiced or prevented due to changes in the ADA or the Health, Safety, Fire and Building Codes, statutes, regulations or ordinances for public and governmental buildings, the CITY shall correct, update and comply with said changes at CITY's cost.

B. The Premises have not been inspected by a Certified Access Specialist.

13. SIGNS: COUNTY will display from the windows and/or marquee of the Premises only such sign or signs as are not prohibited by law and approved in writing by CITY. CITY shall permit COUNTY to place exterior banners with prior written approval. All signs/banners must comply with CITY regulations and applicable ordinances. 1 05/13/2024 City Council Agenda r 262

14. MAINTENANCE:

A. CITY at its sole cost shall perform such inspections, maintenance and repairs as are necessary to ensure that all portions of the Premises, including but not limited to the following, are at all times in good repair and safe condition:
(1) The structural parts of the building and other improvements that are a part of the Premises, which structural parts include the foundations, bearing and exterior walls (including glass and doors), subflooring, and roof; and, (2) The electrical, including all light fixtures and bulbs, plumbing, and sewage systems, including, without limitation, those portions of the systems owned or controlled by CITY lying outside the Premises; and,
(3) Window frames, gutters, and downspouts on the building and other improvements that are a part of the Premises; and,
(4) Heating, ventilation and air conditioning (HVAC) systems servicing the Premises, additionally, air-conditioning and heating filters are to be changed quarterly. Upon commencement of this lease agreement and every three (3) years thereafter, CITY is to provide an air balance certificate and maintenance of HVAC servicing; and, (5) The grounds, including all parking areas and outside lighting, grass, trees, shrubbery and other flora; and,
(6) The servicing of fire extinguishers or any other fire suppression equipment attached to the facility; and,
(7) Interior maintenance and janitorial services. Janitorial services, as set forth in Exhibit `B", Janitorial Contractor Services, must be performed in a workman -like manner by a licensed and qualified independent contractor and prospective employees shall be required to have a background check completed and paid for by the COUNTY. CITY shall perform interior maintenance and janitorial services at a time and in a manner that will cause the least possible inconvenience, annoyance, or disturbance to COUNTY.

B. If, (a) COUNTY gives notice to CITY of a condition requiring maintenance or repairs, and CITY fails to comply with Paragraph 14.A. during the term of this Lease, and COUNTY gives written notice to CITY of such failure, and CITY does not commence the performance of its maintenance or repair obligations within thirty (30) days of receiving such notice, or does not diligently prosecute its obligations to completion thereafter, or (b) in the case of an emergency, whether or not COUNTY has given notice to CITY, CITY does not immediately perform its obligations, COUNTY can perform the obligations and have the right to be reimbursed for the sum COUNTY actually and reasonably expends (including charges for COUNTY employees and equipment) in the performance of CITY's obligations. The sum expended by COUNTY shall be due from CITY to COUNTY within fifteen (15) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the COUNTY is 3 05/13/2024 City Council Agenda 263

permitted by law to charge from the date the sum was paid by COUNTY until COUNTY is reimbursed by CITY. If CITY fails to reimburse COUNTY as required by this paragraph, COUNTY shall have the right to withhold from future rent due the sum COUNTY has paid until COUNTY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this Lease. COUNTY shall forward to CITY receipts and/or documentation supporting the amount withheld.

15. ALTERATIONS: COUNTY shall not make any structural or exterior improvements or alterations to the Premises without CITY's written consent. Any such alterations shall remain on and be surrendered with the Premises on expiration or termination of the Lease.

16. FIXTURES: COUNTY shall have the right during the term(s) of this Lease to install shelving and fixtures, and make interior, non-structural improvements or alterations in the Premises, but only after receiving CITY's prior written consent Fixtures shall be new and of equal quality to that existing in Premises as of the Commencement Date. Such shelving, fixtures, improvements, and alterations shall remain the property of the COUNTY and may be removed by the COUNTY during the term(s) of this Lease or within ten (10) days thereafter, provided that the COUNTY restores the Premises to the condition as it existed at the commencement of this Lease, reasonable wear and tear excluded, or the COUNTY in its sole discretion may elect to surrender all or any part of such shelving, fixture, improvements and alterations to the CITY, in which case COUNTY shall have no duty to restore the Premises not affected by the surrendered or aforementioned items. Any such election to surrender must be in writing, but need not be accepted by CITY to be effective. CITY, at its sole discretion, may offer to purchase any fixtures not surrendered by COUNTY. The purchase price shall be negotiated amongst the parties. CITY reserves the right to bill the COUNTY for the expense of disposing of the fixtures abandoned by COUNTY, not previously accepted by CITY. The sum expended by CITY shall be due from COUNTY to CITY within thirty (30) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the CITY is permitted by law to charge from the date the sum was paid by CITY until CITY is reimbursed by COUNTY. If COUNTY does not surrender any item in writing, but does not remove such item within ten (10) days after the expiration or earlier termination of this Lease, then COUNTY shall be deemed to have surrendered the item and it shall become property of the CITY.

17. UTILITIES: CITY shall furnish to the Premises and pay all service charges and related taxes for electric, gas, water, sewer, trash, fire alarm service and all other utilities. COUNTY shall furnish and pay for interior security as needed, vending machines and its own telephone service including pay telephones.

18. INDEMNIFICATION:

A. COUNTY shall indemnify, defend and save harmless CITY, its officers, employees, servants, volunteers, and agents from any and all claims, losses or liability for personal injury or property damage due to any active negligence or willful misconduct by COUNTY in connection with the Premises.
4 05/13/2024 City Council Agenda 264

B. CITY shall indemnify COUNTY, its officers, employees, servants, volunteers, and agents from any and all claims, losses or liability for personal injury or property damage due to any active negligence or willful misconduct by CITY in connection with the Premises.

C. In the event that either party is determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, the party shall indemnify the other to the extent of its comparative fault.

D. The indemnification obligations set forth in this Section 18 shall survive the term of this Lease, including any extended term. The insurance provisions in Paragraph 19, INSURANCE REQUIREMENTS AND SPECIFICATIONS, shall not be interpreted in a manner that limits the indemnification obligations.

19. INSURANCE REQUIREMENTS AND SPECIFICATIONS:

A. COUNTY is a self -insured public entity for purposes of professional liability, general liability and workers' compensation.

B. CITY is a self -insured public entity for purposes of professional liability, general liability and workers' compensation.

C. Without in any way affecting the indemnity herein provided and in addition thereto, both the COUNTY and CITY, individually, shall bear all costs to secure and maintain throughout the Lease insurance against claims for injuries to persons or damages to property.

Both the COUNTY and CITY agree to impose on any and all parties or subcontractors, or others it hires or contracts related to this Lease of the use of the Premises the insurance provisions set forth in Exhibit "D". COUNTY and CITY may each meet their respective insurance requirements through a State approved self-insurance program or a public agency pooled liability program.

20. DESTRUCTION OF PREMISES:

A. During the term of this Lease, if any casualty renders a portion of the Premises unusable for the purpose intended, then CITY may, at CITY'S option, terminate this Lease. If CITY does not terminate this Lease, then CITY shall, at CITY's expense, restore the Premises and repair any damages caused by such casualty as soon as reasonably possible and this Lease shall continue in full force and effect. If CITY does not terminate this Lease and does not commence the restoration of the Premises in a substantial and meaningful way within one hundred twenty (120) days following the CITY's receipt of written notice of the casualty, or should CITY commence restoration by thereafter fail to diligently pursue completion of the restoration of the Premises, after receipt of written notice from COUNTY of such failure, and if CITY fails to provide reasonable alternate facilities within a reasonable period of time, COUNTY may, at its option, terminate this Lease immediately upon written notice to the CITY.

If COUNTY elects to terminate this Lease pursuant to this provision, COUNTY shall be discharged of all fiiture obligations under this Lease. Alternatively, if CITY does not tenminate this Lease but fails to commence the restoration of the Premises as required above or fails to diligently pursue the completion of the restoration as aforesaid fails to provide alternate facilities 5 05/13/2024 City Council Agenda 265

within a reasonable period of time, COUNTY may, at its option and in its sole discretion, after notice to CITY, perform CITY's obligations and restore the Premises. If COUNTY elects to restore the Premises, COUNTY shall have the right to be reimbursed for all sums it actually and reasonably expends (including charges for COUNTY employees and equipment) in the perfonnance of CITY's obligations. The sum paid by COUNTY shall be due from CITY to COUNTY within twenty (20) days of notice of such sum, and if paid at a later date shall bear interest at the rate the COUNTY receives on its invested fiends from the date the sum was paid by COUNTY until COUNTY is reimbursed by CITY. If CITY fails to reimburse COUNTY as required by this paragraph, COUNTY shall have the right to withhold from future rent due the sum COUNTY has paid until COUNTY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this Lease. COUNTY shall forward to CITY receipts and other reasonable evidence supporting the costs incurred in its notice demanding payment. For the purposes of this paragraph, the phrase "commence ... in a substantial and meaningful way" shall mean either the unconditional authorization of the preparation of the required plans, the issuance of any required Building Pen -nits or the beginning of the actual work on the Premises.

B. In the event there is a destruction of a portion of the Premises as set out in subparagraph A above, there shall be an abatement or reduction of the rent between the date of destruction and the date of completion of restoration or the date of termination of this Lease, whichever comes first. The abatement or reduction of the rent shall be in proportion to the degree to which COUNTY's use of the Premises is impaired.

C. In the event there is a destruction of a portion of the Premises as set out in subparagraph A, above, and the Lease is not terminated because of such destruction, CITY agrees to use any and all insurance proceeds received for said destruction in the restoration of the Premises.

D. In the event CITY is required to restore the Premises as provided in this paragraph, CITY shall not be responsible for restoring any shelving, fixtures, or interior nonstructural improvements or alteration made by the COUNTY pursuant to Paragraph 15, FIXTURES, of this Lease.

21. CITY'S DEFAULT: CITY shall be in default of this Lease if CITY fails or refuses to perform any material provisions of this Lease and such failure or refusal to perform is not cured within sixty (60) days following CITY's receipt of written notice of default from COUNTY. If the default cannot reasonably be cured within sixty (60) days, CITY shall not be in default of this Lease if CITY commences to cure the default within the sixty (60) day period and diligently and in good faith continues to cure the default.

22. COUNTY'S REMEDIES ON CITY'S DEFAULT: COUNTY, at any time after CITY is in default, can terminate this Lease immediately upon written notice to CITY or can cure the default at CITY's cost. If COUNTY at any time, by reason of CITY's default, pays any sum or does any act that requires the payment of any sum (including charges for COUNTY's employees and equipment), the sum paid by COUNTY shall be due from CITY to COUNTY within five (5) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the 6 05/13/2024 City Council Agenda 266

COUNTY is permitted by law to charge from the date the sum was paid by COUNTY until COUNTY is reimbursed by CITY. If CITY fails to reimburse COUNTY as required by this paragraph, COUNTY shall have the right to withhold from future rent due the sum COUNTY has paid until COUNTY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this Lease.

23. COUNTY'S DEFAULT: The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by COUNTY:

A. The vacating for more than thirty (30) consecutive days, (unless caused by casualty or emergency), or abandonment of the Premises by COUNTY.

B. The failure by COUNTY to perform any provisions of this Lease to be performed by COUNTY, including failure by COUNTY to pay rent, where such failure shall continue for a period of thirty (30) days after notice by CITY to COUNTY; provided, however, that if the nature of COUNTY's default is such that more than thirty (30) days are reasonably required for its cure, then COUNTY shall not be deemed to be in default if COUNTY commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion.

The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California.

24. CITY'S REMEDIES ON COUNTY'S DEFAULT:

A. In the event of any default hereunder by COUNTY, not cured within the applicable cure period, if any, CITY may terminate this Lease by written notice to COUNTY, and whether or not CITY so terminates, CITY shall have all of its rights and remedies, at law and in equity for the default.

B. In no event shall CITY be entitled to accelerate the rent due hereunder.

25. CITY'S ACCESS TO PREMISES: CITY and its authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes:

A. To determine whether the Premises are in good condition; and, B. To do any necessary maintenance and to make any restoration to the Premises that CITY has the right or obligation to perform; and
C. To serve, post, or keep posted any notices required by law; and D. To post "for sale" signs at any time during the term, to post "for rent" or "for lease" signs during the last (3) months of the term; and E. To show the Premises to prospective brokers, agents, buyers, tenants, lenders of persons interested in an exchange, at any time during the term. 7 05/13/2024 City Council Agenda 267

CITY shall use good faith efforts to conduct its activities on the Premises as allowed in this paragraph in a manner that will cause the least possible inconvenience, annoyance, or disturbance to COUNTY.

26. NOTICES:

A. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated two (2) COUNTY working days from the time of mailing if mailed as provided in this paragraph.

CITY's address: City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399-9950
Attn: City Manager
COUNTY's address: County of San Bernardino
Real Estate Services Department
385 North Arrowhead Avenue, Third Floor
San Bernardino, CA 92415-0180
B. If, at any time after the COUNTY accepts the Premises, the CITY assigns or transfers a non -controlling interest of its rights in the Premises to a third party, CITY must notify COUNTY of its action at least fifteen (15) COUNTY working days prior to completing any such action.

C. If, at any time after the COUNTY accepts the Premises, the CITY assigns or transfers a controlling interest of its rights in the Premises to a third party, CITY must notify COUNTY of its action at least fifteen (15) COUNTY working days prior to completing any such action. The new owner must provide COUNTY with evidence of completion of such action.

The parties shall immediately execute an amendment to this Lease stating the change of ownership of the Premises.

D. Within fifteen (15) COUNTY working days of completing any action which affects a change in the ownership of the Premises, the new owner must provide COUNTY evidence of obtaining insurance in compliance with Exhibit "B" to this Lease.

27. INCORPORATION OF PRIOR AGREEMENT: This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose.
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28. WAIVERS: No waiver by either party of any provisions of this Lease shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provisions.

29. AMENDMENTS: No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successor in interest, expressing by its terms an intention to modify this Lease.

30. SUCCESSORS: This Lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto.

31. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this Lease is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this Lease or any other portion thereof.

32. TIME OF ESSENCE: Time is of the essence of each provision of this Lease which specifies a time within which performance is to occur. In the absence of any specific time for performance, performance may be made within a reasonable time.

33. OUIET ENJOYMENT: Subject to the provisions of this Lease and conditioned upon performance of all the provisions to be performed by COUNTY hereunder, CITY shall secure to COUNTY during the Lease term the quiet and peaceful possession of the Premises and all right and privilege appertaining thereto.

34. PROVISIONS ARE COVENANTS AND CONDITIONS: All provisions, whether covenants or conditions, on the part of either party shall be deemed to be both covenants and conditions.

35. CONSENT: Whenever consent or approval of either party is required that party shall not unreasonably withhold, condition or delay such consent or approval.

36. EXHIBITS: All exhibits referred to are attached to this Lease and incorporated by reference.

37. LAW: This Lease shall be construed and interpreted in accordance with the laws of the State of California.

38. RESERVED:

39. ATTORNEYS' FEES AND COSTS: If any legal action is instituted to enforce or declare any party's rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys' fees. This paragraph shall not apply to those costs and attorneys' fees directly arising from any third party legal action against the COUNTY, including such costs and attorneys' fees payable under Paragraph 18, INDEMNIFICATION, Paragraph 45, HAZARDOUS SUBSTANCES, and Paragraph 46, PUBLIC RECORDS DISCLOSURE. 9 05/13/2024 City Council Agenda 269

40. RESERVED:

41. RIGHT TO TERMINATE LEASE: Each Party shall have the right to tenninate this Lease at any time whenever, in its sole discretion, the tenninating party shall determine it would be in its best interest to tenninate this Lease. The Director of the Real Estate Services Department (RESD) shall have the authority to give the CITY notice of any termination pursuant to this paragraph. Either party shall give the other written notice of any termination pursuant to this paragraph at least three hundred and sixty five (365) days prior to the date of tennination. In the event COUNTY terminates this Lease pursuant to this paragraph, the CITY shall have the right to receive from COUNTY only the rent which will have been earned at the date of termination.

42. CAPTIONS, TABLE OF CONTENTS AND COVER PAGE: The paragraph captions, table of contents and the cover page of this Lease shall have no effect on its interpretations.

43. SURVIVAL: The obligations of the parties that, by their nature, continue beyond the term of this Lease, will survive the termination of this Lease.

44. FORMER COUNTY OFFICIALS: CITY agrees to provide or has already provided information on former COUNTY administrative officials (as defined below) who are employed by or represent CITY. The information provided includes a list of former COUNTY administrative officials who terminated COUNTY employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of your business. For purposes of this provision, "COUNTY administrative official" is defined as a member of the Board of Supervisors or such officer's staff, COUNTY Administrative Officer or member of such officer's staff, COUNTY department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. (See Exhibit "C", List of Former County Officials.)

45. HAZARDOUS SUBSTANCES:

A. CITY hereby represents and warrants that, to the best of CITY's knowledge, information and belief (i) the Premises have not been exposed to Hazardous Substances and are presently free of all Hazardous Substances; (ii) neither the CITY nor any of the other current tenants, if any, on the property of which the Premises forms a part is in violation or subject to an existing, pending or threatened investigation by any governmental authority under any applicable federal, state or local law, regulation, ordinance or other legislation pertaining to air, water, or soil quality or the handling, transportation, storage, treatment, usage or disposal of Hazardous Substances; (iii) any handling, transportation, storage, treatment or use of toxic or Hazardous Substances to date has been in compliance with applicable laws; and (iv) no reportable use has occurred on the Premises to date, and the soil, groundwater and vapor on or under the Premises is free of Hazardous Substances as of the Commencement Date. 10 05/13/2024 City Council Agenda 270

B. CITY shall indemnify, protect, defend and hold COUNTY, its agents and employees and the Premises, harmless from and against any and all losses and/or damages, liabilities, judgments, costs, claims, expenses, penalties, including attorneys' and consultant's fees, arising out of or involving the existence of any Hazardous Substances located in, about or under the Premises prior to the Commencement Date of this Lease. Additionally, the issuance of an order by any governmental authority directing the CITY or any of CITY's other tenants or licensees on the property of which the Premises forms a part to cease and desist any illegal action in connection with a Hazardous Substance, or to remediate a contaminated condition caused by the CITY or any person acting under CITY's direct control and authority is a breach of this Contract, and CITY shall be responsible for all costs and expenses of complying with such order, including any and all expenses imposed on or incurred by COUNTY in connection with or in response to such order. CITY's obligations under this paragraph shall include, but shall not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by COUNTY, and the cost of investigation, removal, remediation, restoration and/or abatement thereof. CITY's obligations under this provision shall survive the expiration or early termination of this Lease. No termination, cancellation or release agreement entered into by COUNTY and CITY shall release CITY from its obligations under this Lease with regard to Hazardous Substances unless specifically agreed to by COUNTY in writing.

C. For the purposes of this paragraph, the following definitions shall apply:
(1) "Hazardous Substance," as used in this Lease, shall mean any product, substance or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either (i) potentially injurious to the public health, safety or welfare, the environment or the Premises; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of CITY or COUNTY under any applicable statute or common law theory. (2) "Reportable use" shall mean (i) the installation or use of any above- or below -ground storage tank; (ii) the generation, possession, storage, use, transportation or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with any governmental authority and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties.
(3) The term "applicable requirements" shall be deemed to refer to all applicable laws, covenants or restrictions of record, building codes, regulations and ordinances.

46. PUBLIC RECORDS DISCLOSURE: All information received by the COUNTY from the CITY or any source concerning this Lease, including the Lease itself, may be treated by the COUNTY as public information subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et sea. (the "Public Records Act"). CITY understands that although all materials received by the COUNTY in connection with this Lease are intended for the exclusive use of the COUNTY, they are potentially subject to disclosure under the provisions of the Public Records Act. In the event a request for disclosure of any part or all of any 05/13/2024 City Council Agenda 271

infonnation which a CITY has reasonably requested COUNTY to hold in confidence is made to the COUNTY, the COUNTY shall notify the CITY of the request and shall thereafter disclose the requested infonnation unless the CITY, within five (5) days of receiving notice of the disclosure request, requests nondisclosure, provides COUNTY a legally sound basis for the nondisclosure, and agrees to indemnify, defend, and hold the COUNTY harmless in any/all actions brought to require disclosure. CITY waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event COUNTY fails to notify CITY of any such disclosure request and/or releases any information concerning this Lease received from the CITY or any other source.

47. CONDITION OF PREMISES: LANDLORD shall deliver the Premises to COUNTY clean and free of debris on the Commencement Date and warrants to COUNTY that the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and loading doors, if any, in the Premises shall be in good operating condition on the Commencement Date.

48. CONDEMNATION:

A. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas or that portion of the Premises designated for COUNTY's parking, is taken by condemnation, COUNTY may, at COUNTY's option, to be exercised in writing within thirty (30) days after CITY shall have given COLTNTY written notice of such taking (or in the absence of such notice, within thirty (30) days after the condemning authority shall have -taken possession) terminate this Lease as of the date the condemning authority takes such possession.

If COUNTY does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No reduction of rent shall occur if the condemnation does not apply to any portion of the Premises. COUNTY shall be entitled to receive the following amounts of any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power: (a) COUNTY shall have the right to make a separate claim in the Condemnation proceeding for: (i) The taking of the amortized or undepreciated value of any trade fixtures or leasehold improvements owned by COUNTY that COUNTY has the right to remove at the end of the Lease term and that COUNTY elects not to remove; (ii) Reasonable removal and relocation costs for any trade fixtures or leasehold improvements that COUNTY has the right to remove and elects to remove (if Condemnor approves of the removal); (iii) Loss of goodwill; (iv) Relocation costs under Government Code section 7262, the claim for which COUNTY may pursue by separate action independent of this Lease; and (v) Any other amount in addition to the foregoing that the COUNTY is allowed under condemnation law.

B. COUNTY shall have the right to negotiate directly with Condemnor for the recovery of the portion of the Award that COUNTY is entitled to under subparagraph (B) of this paragraph. In the event that this Lease is not terminated by reason of such condemnation, 12 05/13/2024 City Council Agenda 272

CITY shall repair any damage to the Premises caused by such condemnation authority pursuant to Paragraph 14, MAINTENANCE, and Paragraph 20, DESTRUCTION OF PREMISES.

49. MATERIAL MISREPRESENTATION: If during the course of the administration of this lease, the COUNTY determines that the CITY has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the COUNTY, this Lease may be immediately terminated. If this Lease is terminated according to this provision, the COUNTY is entitled to pursue any available legal remedies.

50. INTERPRETATIONS: As this Lease was jointly prepared by both parties, the language in all parts of this Lease shall be construed, in all cases, according to its fair meaning, and not for or against either party hereto.

51. USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS AND REQUIREMENTS: This Lease may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver must be made to the COUNTY for an appropriate determination.

Section 1606 of ARRA requires that laborers and mechanics employed by CITY or CITY's subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 U.S.C. 31). This is referred to as the "wage rate" requirement.

The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. CITY must contact the COUNTY contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. CITY will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the COUNTY may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. CITY agrees to fully cooperate in providing information or documents as requested by the COUNTY pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Lease. 13 05/13/2024 City Council Agenda 273

CITY may also be required to register in the Central Contractor Registration (CCR) database at http://www.ccr.gov and may be required to have its subcontractors also register in the same database. CITY must contact the COUNTY with any questions regarding registration requirements.

52. SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS: In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. CITY agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF -SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c).

In addition, CITY agrees to separately identify to each subcontractor and document at the time of sub -contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds.

CITY may be required to provide detailed information regarding expenditures so that the COUNTY may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. CITY agrees to fully cooperate in providing information or documents as requested by the COUNTY pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Lease.

A. Whistleblower Protection. CITY agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which prohibits all non -Federal contractors, including the State, and all contractors of the State, from discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of: (1) gross mismanagement of a contract relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to the implementation or use of recovery funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) awarded or issued relating to ARRA funds.

CITY agrees that it and its subcontractors shall post notice of the rights and remedies available to employees under Section 1553 of Division A, Title XV of the ARRA.

By executing this Agreement, CITY acknowledges receipt of the American Recovery and Reinvestment Act (ARRA) Funding requirements that became effective August 12, 2009, and understands and agrees to the contractual obligations stipulated herein for contracts with the County.
14 05/13/2024 City Council Agenda 274

53. AUTHORIZED SIGNATORS: Both parties to this Lease represent that the signators executing this document are fully authorized to enter into this agreement.

END OF LEASE TERMS.

COUNTY OF SAN BERNARDINO

YUCAIPA
By:

Janice R erford, Chair Denise Hoyt, Mayor
Board of Supervisors
Date: JUN = 1014 Date:

SIGNED A
*V�M'HAT

A COPY DEIT
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HAS B

IZF, L TQ TIJ E
CHA
ObR:D f j
El.

LAU
Ids GH, Clerk ofe'Board of
Supervi
ilk J
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By.

Deputy
Date: Afi
2 Approved as to Legal Form:

JEAN-RENE BASLE, County Counsel
San Bernardino County, California
By: `
Robert F. Messinger, Deputy County Counsel
Date: S "7% - j `f
110568.13
a te
Name.

Date:i
Approved as to Legal Form:

By: — kk4
David M. Snow, City Attorney
Date: D- - --) '-f
15 05/13/2024 City Council Agenda 275

EXHIBIT "A" - PREMISES

1. 14
A&j
7 05/13/2024 City Council Agenda 276

EXHIBIT "B" JANITORIAL CONTRACTOR SERVICES
(Janitorial Service to provide/supply all sanitary and paper goods.) Daily Services

1. Vacuum all carpeted areas

2. Dusting- Window Sills and Desks

3. Trash Collection

4. Sweep and Mop all Floors

5. Restocking of Toiletries

6. Clean all Countertops (Including Polish Wood, Clean Granite Tops)

7. Clean Lower Entry and Door Windows

8. Spot Clean Office Windows

9. Cleaning of Toilets

10. Cleaning of Kitchen

11. Cleaning of Bathroom Counters
B. Monthly Services

1. Cleaning of All Lower Windows Inside and Out

2. Dust all Mini -Blinds

3. Spot Cleaning of Carpets as Required

4. Dust and Clean All Base Boards and Wall Ledge Boards C. Semi -Annually Services

1. Cleaning of All Windows Inside and Out

2. Shampoo, and Spot Cleaning of all Carpeting

3. Strip and Wax Break Room Floor

4. Steam Clean all Ceramic Tile Floors (Throughout Building)

5. Shampoo/Clean Conference Rooms Seating Fabric- Chairs and Benches
05/13/2024 City Council Agenda 277

EXHIBIT "C"

LIST OF FORMER COUNTY OFFICIALS
INSTRUCTIONS: List the full name of the former COUNTY Administrative Official, the title/description of the Official's last position with the COUNTY, the date the Official terminated COUNTY employment, the Official's current employment and/or representative capacity with the CITY, the date the Official entered CITY's employment and/or representation.

OFFICIAL'S NAME: REQUIRED INFORMATION
05/13/2024 City Council Agenda 278

EXHIBIT "D" - INSURANCE PROVISIONS

INSURANCE REQUIREMENTS AND SPECIFICATIONS
A. COUNTY is a self -insured public entity for purposes of professional liability, general liability and workers' compensation.

B. The CONTRACTOR agrees to provide insurance sct forth in accordance with the requirements herein. If the CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the lease hereunder. Without in anyway affecting the indemnity herein provided and in addition thereto, the CONTRACTOR shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
(1) Workers' Compensation/Employers Liability— A program of Workers' Compensation insurance or a state -approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the CONTRACTOR and all risks to such persons under this lease agreement.

If CONTRACTOR has no employees, it may certify or warrant to the COUNTY that is does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the COUNTY's Director of Risk Management.

If, CONTRACTOR is a non-profit corporation, organized under California or Federal law, volunteers for CONTRACTOR are required to be covered by Workers' Compensation insurance. (2) Commercial/General Liability Insurance — The CONTRACTOR shall carry General Liability Insurance covering all operations performed by or on behalf of the CONTRACTOR providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:

1. Premises operations and mobile equipment.

2. Products and completed operations.

3. Broad form property damage (including completed operations).

4. Personal injury

5. Contractual liability.

6. $2,000,000 general aggregate limit.
(3) Commercial Property Insurance providing all risk coverage for the leased premises, building, fixtures, equipment and all property constituting a part of the premises.

Coverage shall be sufficient to insure One Hundred percent (100%) of the replacement cost. 05/13/2024 City Council Agenda 279

(4) Automobile Liability Insurance — Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non -owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. (5) Umbrella Liability Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

C. If CONTRACTOR performs any construction of the Premises on behalf of the COUNTY, CONTRACTOR shall also procure and maintain coverages as follows:
(1) For construction contracts for projects over One Million Dollars ($1,000,000) and less than Three Million Dollars ($3,000,000) require limits of not less than Three Million Dollars in General Liability and Auto Liability coverage. (2) For construction contracts for projects over Three Million Dollars ($3,000,000) and less than Five Million Dollars ($5,000,000) require limits of not less than Five Million Dollars ($5,000,000) in General Liability and Auto Liability coverage. (3) For construction contracts for projects over Five Million Dollars ($5,000,000) and less than Ten Million Dollars ($10,000,000) require limits of not less than Ten Million Dollars (10,000,000) in General Liability and Auto Liability coverage. (4) Subcontractor Insurance Requirements. The CONTRACTOR agrees to require all parties or subcontractors, including architects or others it hires or contracts with related to the performance of this contract to provide insurance covering the contracted operation with the basic requirements for all contracts in B I and the insurance sections for all contracts in B2, (including waiver of subrogation rights) and naming the COUNTY as an additional insured.

The CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required here. (5) Course of Construction/Installation (Builder's Risk) property insurance providing all risk, including theft coverage for all property and materials to be used on the project. The insurance policy shall not have any coinsurance penalty.

D. Additional Insured — All policies, except for the Workers' Compensation, shall contain endorsements naming the COUNTY and their officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the use under this lease hereunder.

The additional insured endorsements shall not limit the scope of coverage for the COUNTY to vicarious liability but shall allow coverage for the COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement fonn ISO, CG 2010.11 85.

E. Waiver of Subrogation Rights — The CONTRACTOR shall require the carriers of required coverages to waive all rights of subrogation against the COUNTY, their officers, 05/13/2024 City Council Agenda 280

employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the CONTRACTOR and CONTRACTOR's employees or agents from waiving the right of subrogation prior to a loss or claim. The CONTRACTOR hereby waives all rights of subrogation against the COUNTY.

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

G. Severability of Interests — The CONTRACTOR agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the CONTRACTOR and the COUNTY or between the COUNTY and any other insured or additional insured under the policy.

H. Proof of Coverage — The CONTRACTOR shall furnish Certificates of Insurance to the San Bernardino Real Estate Services Department (RESD) administering the lease evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to RESD, and CONTRACTOR shall maintain such insurance from the time CONTRACTOR commences use under the lease hereunder until the end of the period of the lease. Within fifteen (15) days of the commencement of this contract, the CONTRACTOR shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

I. Acceptability of Insurance Carrier — Unless otherwise approved by the COUNTY Department of Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VII".

J. Insurance Review — Insurance requirements are subject to periodic review by the COUNTY. The COUNTY's Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever the COUNTY's Department of Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the COUNTY. In addition, the COUNTY's Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the COUNTY, inflation, or any other item reasonably related to the COUNTY's risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this lease. CONTRACTOR agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of RESD or COUNTY to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of RESD or the COUNTY. 05/13/2024 City Council Agenda 281

K. Failure to Procure Insurance. All insurance required must be maintained in force at all times by CONTRACTOR. Failure to maintain said insurance, due to expiration, cancellation, etc., shall be cause for the COUNTY to give notice to immediately suspend all CONTRACTOR's business activities on the Premises. Failure to reinstate said insurance within the (10) days of notice to do so shall be cause for termination and for forfeiture of this agreement, and/or COUNTY, at its discretion, may procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by COUNTY shall be repaid by CONTRACTOR to COUNTY upon demand but only for the pro rata period of non-compliance.

L. COUNTY shall have no liability for any premiums charged for such coverage(s).

The inclusion of COUNTY as additional named insured is not intended to and shall not make a partner or joint venturer with CONTRACTOR in CONTRACTOR's operations.

M. The CONTRACTOR agrees to require all parties or subcontractors, or others it hires or contracts with related to the use of this lease to provide insurance covering such use with the basic requirements and naming the COUNTY as additional insured. LICENSEE agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided as required herein.
05/13/2024 City Council Agenda 282

ATTACHMENT 2
05/13/2024 City Council Agenda 283

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

SAN BERNARDINO
COUNTY
Contract Number
14-432 Al
SAP Number
Real Estate Services Department
Department Contract Representative Terry W. Thompson, Director Telephone Number (909) 387-5000
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
GRC/PROJ/JOB No.

IT IS HEREBY AGREED AS FOLLOWS:

City of Yucaipa
Trevor Benson
909-769-7222
7/1 /2014 to 6/30/2029
$10.00
$5.00
$15.00
4413651000
3300-3329
WHEREAS, the City of Yucaipa as LANDLORD ("CITY") and the County of San Bernardino as tenant ("COUNTY") have previously entered into a Lease Agreement, Contract No. 14-432 dated June 24, 2014, ("the Lease") wherein CITY agreed to lease certain premises comprising approximately 22,078 square feet located at 34114 Yucaipa Boulevard, Yucaipa, CA 92399 ("Premises") to COUNTY and which the lease is currently scheduled to expire on June 30, 2024; and,
WHEREAS, the CITY and COUNTY now desire to amend the Lease to reflect the COUNTY's exercise of the first of its two five-year options to extend term of the Lease for the period of July 1, 2024 through June 30, 2029, and to amend certain other terms and conditions of the License as more specifically set forth in this amendment ("First Amendment").

NOW THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the License is amended as follows:

1. Effective July 1, 2024, pursuant to the COUNTY's exercise of the first five-year option provided in Paragraph 7, OPTION TO EXTEND TERM, DELETE in its entirety the existing paragraph in Paragraph 3., TERM, and SUBSTITUTE therefore a new Paragraph 3., TERM, which shall read as follows:

3. TERM: The Initial term of the License shall be extended forfive (5) years, commencing on July 1. 2024 and expiring on June 30, 2029 (the "First Extended Term"). 05/13/2024 City Council Agenda ,1
Standard Contract 2841 of 3

2. All other provisions and terms of the Lease shall remain the same and are hereby incorporated by reference. In the event of any conflict between the Lease and this First Amendment, the terms and conditions of this First Amendment shall control.

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

END OF FIRST AMENDMENT.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
RevisecVW6& City Council Agenda Q295 of 3

SAN BERNARDINO COUNTY
Dawn Rowe, Chair, Board of Supervisors
Dated:

SIGNED AND CERTIFIED THAT A COPY OF THIS

DOCUMENT HAS BEEN DELIVERED TO THE

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

FOR COUNTY USE ONLY
proved as to Legal Form
Do -
John Tubbs II, Deputy County Counsel
Date
LESSOR
(Print or type name of corporation, company, contractor, etc.) By ►
(Authorized signature - sign in blue ink)
Name
(Print or type name of person signing contract)
Title
(Print or Type)
Dated:

Address
Zeviewed for Contract Compliance Reviewed/Approved by Department ► ►
Date
Lyle Ballard, Real Property Manager, RESD
Date
Standar°d�/Gto/nt�actCity Council Agenda P� of 3

Agenda Item No. 18

YUCAIPA CITY COUNCIL

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer liv Benjamin J. Matlock, Deputy Director of Community Development/City Plannerfl4-- FOR: City Council Meeting of May 13, 2024
SUBJECT: Adoption of Urgency Ordinance No. 466-U establishing a temporary moratorium for the installation of mobile homes greater than twenty years old in the City's 42 existing mobile home parks.

RECOMMENDATION:

That the City Council discuss and consider adopting Ordinance No. 466-U, an Urgency Ordinance of the City Council of the City of Yucaipa, California, adopting an Interim Measure Imposing a Moratorium on the Installation, Modification, or Review and Approval of Applications for Mobile Home Set -Down Permits for Mobile Homes Over Twenty Years Old within all Mobilehome Parks Existing in the City. (4/5th vote required).

BACKGROUND/DISCUSSION:

This item was presented at the regular Council meeting of April 8, 2024, but did not receive the necessary 4/5 vote to be adopted. Following the Council meeting, a Council member who had voted no requested that this item be returned to allow for further discussion and possible action on the issue. The item was then continued from the meeting of April 22, 2024, to allow for a discussion between all of the Council members. During this time, the City also reached out to other stakeholders and have further amended the proposal, which is discussed further in the Agenda report.

In 2008, the City of Yucaipa adopted Ordinance No. 282 and assumed oversight of the City's 42 mobilehome parks. The City of Yucaipa chose to become a "Local Enforcement Agency" to best maintain local control and the enforcement of appropriate codes and requirements for the safety of the thousands of Yucaipa residents that live in our mobilehome parks. As a Local Enforcement Agency, the City of Yucaipa is responsible for the comprehensive park inspections and setdown permit requirements. It is important to note that the California Department of Housing and Community Development (HCD) remains responsible for interior and structural alterations for individual mobilehome units, as well as providing periodic audits of the City's Local Enforcement Agency activities to ensure consistency with Title 25 requirements.

For the safety of mobilehome residents, the National Manufactured Home Construction and Safety Standards Act of 1974 established the federal standards related to all aspects of construction, including design and construction strength, durability, and transportability of mobilehomes, and has been a common review threshold for the setdown of units. However, units originally 05/13/2024 City Council Agenda 287

constructed under these requirements are now approximately 50 years in age. The City of Yucaipa has seen an increase of setdown permits for park -owned units that are several decades old, and Code Enforcement has also observed one unit that was delivered to the City that still had a "red - tag" slip from another agency, which indicates that this specific structure could pose a threat to the health and safety of its occupants. Once located in the park, these older structures are then rehabilitated by the park owner before an inspection is completed or sought by City or HCD staff.

Based on this growing concern, staff has developed an urgency ordinance pursuant to Government Code Section 65658 that would provide a stopgap measure by creating a temporary moratorium for the setdown of all mobile and manufactured homes older than 20 years old. Staff will subsequently work through potential solutions that allow for reinvestment within these parks without creating unsuitable and/or unsafe living conditions for our residents.

The City did reach out via teleconference to Robert Evans with the Manufactured Housing Educational Trust (MHET) and Julie Paule with the Western Manufactured Housing Communities Association (WMA) to discuss the proposed moratorium. They have indicated a willingness to assist in finding potential solutions while the moratorium is in place. The City also held a meeting with the Yucaipa Mobile Home Residents Association (YMRA), that had similarly indicated support towards ensuring the quality of life for future residents. However, based on inaccurate rumors of the ordinance, YMRA representatives noted concerns at the regular meeting of April 22, 2024, related to potential impacts that could occur to existing residents.

Based on inaccurate and misleading flyers that were presented to park residents, it should be noted that this Urgency Ordinance would only apply to new setdowns in the City's Mobilehome Parks.

Existing units, including resident -owned units, that are greater than 20 years old would not be impacted in any way. Furthermore, many of the existing parks also have their own age restrictions of 20 or 10 years old. City staff will be meeting at the YMRA meeting of May 11, 2024, to give additional information and clarify the proposal.

Changes since April 8, 2024:

The City met with Ran Chen and Victor Chen (owners of 10 Mobilehome Parks in the City), and their general manager, Rich Hess, on April 29, 2024, to discuss their concerns regarding the Urgency Ordinance. They are currently one of the parks that are currently placing older units in the City to replace their existing units. In the discussion, they requested that the Urgency Ordinance not prohibit units that are currently in the plan review process, and that they would also like to participate in the long-term strategy discussions. The request has been included in the updated Urgency Ordinance, and the City has agreed to collaborate with them, along with other key stakeholders, to find a solution that will work moving forward.

Environmental Review:

The adoption of the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant Section 15061(b)(3) covering activities with no possibility of having a significant effect on the environment as the Ordinance imposes a temporary moratorium related to the permitting requirements for older mobile home setdowns within existing mobile home parks. 05/13/2024 City Council Agenda 288

FISCAL IMPACT:

There is no direct fiscal impact to the City's General Fund associated with this Urgency Ordinance.

Attachment:

1. Urgency Ordinance No. 466
Approved by:
05/13/2024 City Council Agenda 289

ATTACHMENT 1
05/13/2024 City Council Agenda 290

ORDINANCE NO.466-U

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

YUCAIPA, CALIFORNIA, ADOPTING AN INTERIM MEASURE

IMPOSING A MORATORIUM ON THE INSTALLATION,

MODIFICATION, OR REVIEW AND APPROVAL OF APPLICATIONS

FOR MOBILE HOME SET -DOWN PERMITS FOR MOBILE HOMES

OVER TWENTY YEARS OLD WITHIN ALL MOBILEHOME PARKS

EXISTING IN THE CITY
WHEREAS, the City of Yucaipa ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, pursuant to the City's police power, the City Council of the City of Yucaipa ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, California Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance and for the purpose of protecting the public safety, health, and welfare, the City Council may adopt as an urgency measure, an interim ordinance prohibiting any uses which may be in conflict with a "contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time"; and WHEREAS, the City Council is concerned that there is a significantly increased number of substandard, old, and delipidated mobile homes being brought into the City that is incompatible with public health and safety of City residents, and the City Council believes that careful consideration and thorough study of potential regulations pertaining to this manner is required; and
WHEREAS, to address community concerns regarding the increased number of substandard, old, and delipidated mobile homes being brought into the City, it is necessary for the City Council to study the potential impacts such mobile homes may have on the public health, safety, and welfare; and
WHEREAS, based on the foregoing and those matters determined at the meeting at which this Ordinance is introduced and adopted, the City Council finds the installation, modification, or review and approval of applications for mobile home set -down permits for mobile homes over twenty years old within all mobile home parks existing in the City would pose a current and immediate threat to the public health, safety or welfare, and that a temporary moratorium is thus necessary; and
WHEREAS, this Ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City by Government Code Section 65858 and is for the immediate preservation of the public health, safety, and welfare. The facts constituting the urgency are:
4874-1411-7037.1
05/13/2024 City Council Agenda 291

The City is concerned with the public nuisance caused by the significant increase in substandard, old, and delipidated mobile homes being brought into the City, involving the following:
a. Since 2021, mobile home parks throughout the City have applied for many set - down permit applications for mobile homes in substandard condition. b. Upon performing initial inspections, City staff saw a pattern that the mobile homes being brought in by mobile home park owners were consistently over twenty years old and in deplorable condition;
c. Upon multiple inspections, City staff determined that generally, mobile home park owner's practices included bringing in old and delipidated mobile homes and proceeding to "flip" them, making only superficial improvements, such as paint and minor repairs, in an effort to collect more rent and pose the mobile home as "renovated";
d. City staff also found that approximately forty-four set -down permits had been applied in one mobile home park alone. Roughly thirty percent of those permits have expired and never received a final inspection from the City's Building and Safety department, yet nearly thirty percent of these "renovated" mobile homes are tenant -occupied;
e. City staff received numerous complaints from various mobile home park tenants of these "renovated" mobile homes, many commenting that the "renovated" mobile homes in which they occupy have nonf nictioning electrical, plumbing, and heating components, holes in the floor, and leaking roofs.

2. The City Council desires to investigate and study the impacts of this matter further; and

3. Absent the adoption of this Ordinance, the installation, modification, or review and approval of applications for mobile home set -down permits for mobile homes over twenty years old within all mobile home parks existing in the City may pose a serious threat to public health and safety; and

4. Absent the adoption of this Ordinance, the significant increase in set -down permit applications for these "renovated" substandard mobile homes may increase the burden upon City services; and

5. As a result, it is necessary to establish a temporary, forty-five (45) day moratorium on the installation, modification, or review and approval of mobile home set -down permit applications for mobile homes over twenty years old within all mobile home parks existing in the City, pending completion of the City's study of the potential impacts; and

6. In addition, it is necessary to prohibit, as a public nuisance, the installation, modification, or review and approval of mobile home set -down permit applications for mobile homes over twenty years old within all mobile home parks existing in the City for the duration of this Ordinance, or any extension thereof, and
4874-1411-7037.1
05/13/2024 City Council Agenda 292

WHEREAS, the City Council determines, by at least a four -fifths (4/5) vote, that this urgency ordinance is a matter of City-wide importance, is a reasonable and necessary measure designed for the immediate preservation and protection of the public health, safety or welfare of the community, and is in accord with the public purposes and provisions of applicable State and local laws and requirements.

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

Section 1. Incorporation.

The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference. Based on those facts, the City Council finds, determines and declares that this Ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety pursuant to, and as authorized by, Section 65858(a) of the California Government Code.

Accordingly, this Ordinance shall become effective immediately upon adoption.

Section 2. CEQA.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and it prevents changes in the environment pending the completion of the contemplated municipal code review.

Section 3. Direction; Definition.

It is necessary to establish a temporary, forty-five (45) day moratorium on the installation, modification, or review and approval of applications for mobile home set -down permits for mobile homes over twenty years old within all mobile home parks existing in the City pending completion of the City's study of the potential impacts and regulation of such, and possible amendments to the City's zoning ordinance and related provisions of the Yucaipa Municipal Code to ensure that adequate development standards and implementation regulations are in effect prior to permitting such within the City of Yucaipa. To that end, the City Manager is directed to analyze the appropriateness of allowing mobile homes twenty years or older within the city limits of the City of Yucaipa, including but not limited to, the desirability, appropriateness and effectiveness of development standards and regulatory controls.

For purposes of this Ordinance, Older Mobile Home shall mean a structure twenty years or older designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code, also including a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobile home, as defined in Section 18008 of the Health and Safety Code.
4874-1411-7037.1
05/13/2024 City Council Agenda 293

Older Mobile Home shall not be defined in this Ordinance to include a recreational vehicle, as defined in Section 18010 of the Health and Safety Code, or a commercial coach, as defined in Section 18001.8 of the Health and Safety Code.

A Renovated Older Mobile Home shall mean a restored Older Mobile Home in compliance with State and local laws.

This moratorium shall not be interpreted as affecting the use or operation of any:

1. Legally existing Older Mobile Homes; or

2. Renovated Older Mobile Homes, for which a building permit has been issued and in good faith reliance on such issuance, substantial work has been completed and substantial liabilities incurred.

Section 4. Moratorium Established.

In accordance with the authority granted to the City of Yucaipa by California Government Code Section 65858 and for the reasons set forth herein above, commencing as of the effective date of this Ordinance and continuing thereafter for a period of forty-five (45) days, no approvals may be made or issued by the City, its officers or employees of any applications for a building permit, or any other applicable entitlement or permit, for the installation or modification of mobile homes twenty years or older within City limits. For the period of this Ordinance, or any extension thereof, installation or modification of older mobile homes shall be considered a prohibited use in any zoning district of the City and neither the City Council nor City staff shall approve any use permit, license, certificate of occupancy, zoning code or general plan amendment approving any older mobile home set -down permit.

Section 5. Prohibition.

No person shall commence the installation or modification of an older mobile home as defined in this Ordinance, within the City limits of the City of Yucaipa during the period this Ordinance is in effect. Permits submitted prior to the date of this Ordinance shall not be subject to the prohibition.

Section 6. Violation as a Public Nuisance.

The installation or modification of older mobile homes as defined in this Ordinance, within the city limits of the City of Yucaipa during the period this Ordinance is in effect is declared to be a public nuisance and poses a current and immediate threat to the public health, safety and welfare.

A violation of this Ordinance shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief as well as any other available civil remedies. Additionally, any person that violates this Ordinance may be subject to the City's applicable general penalties and administrative remedies. 4874-1411-7037.1
05/13/2024 City Council Agenda 294

Section 7. Severability.

The City Council of the City of Yucaipa hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid; it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that anyone (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

Section 8. Report.

The City Manager is authorized and directed to prepare the report required by paragraph (d) of California Government Code Section 65858 describing the measures taken to alleviate the condition which led to adoption of this Ordinance for presentation to the City Council no later than ten (10) days prior to the expiration of this Ordinance.

Section 9. Effective Date; Four -Fifths Vote Required.

This Ordinance shall become effective immediately upon adoption if adopted by at least a four - fifths (4/5) vote of the total members of the City Council and shall be in effect for forty-five (45) days from the date of adoption, unless extended by the City Council as provided in California Government Code Section 65858.

Section 10. Publication.

The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Yucaipa.

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

ATTEST:

Justin Beaver, Mayor

APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Pacifico, City Attorney
Director of General Services/City Clerk
4874-1411-7037.1
05/13/2024 City Council Agenda 295

Agenda Item No. 19

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community ServicesUc- "0 Sarah Martinez, Community Services Recreation Superintendent aX--er S� FOR: City Council Meeting of May 13, 2024
SUBJECT: Youth Advisory Committee Appointments
RECOMMENDATION:

That the City Council:
1) Review the attached Applications for the At -Large Memberships to the Youth Advisory Committee (YAC); and
2) Vote on the appointments of the nominated applicants.

DISCUSSION:

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

The City received applications from, new applicants, Jaelyn Osnaya, Luke McClintock, and Isabella Pratts. On May 1, 2024, City staff, Mayor Pro Tern Venable, and YAC Chairperson Lane met with all applicants individually and recommended them for appointment.

Appointing all three applicants will result in one vacancy.

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

Each applicant has been notified of this meeting and advised that Council typically desires their attendance to provide additional information, if needed.

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

FISCAL IMPACT:

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

Attachment:

1. Citizen Service Applications
Approved by: -
05/13/2024 City Council Agenda 296

ATTACHMENT 1
05/13/2024 City Council Agenda 297

a
UCAIPA
OUTH
0 ADVISORY (OMMITTEE
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
(909) 790-7460
Youth Advisory Committee Packet

RECEIVED
Date:

By:

APPLICANT INFORMATION
Name: �401 n Gao ct�a Date of Birth: Age: 1
Address: 10Ca,f?G t C,4Cell Number:

E-Mail:

School: C� i t 1 L1 S '\/U l el� �S Current Grade Level: IC GPA: ° P Parents'/Guardians' Names: Cell number:

QUESTIONS
May utilize additional pages, as needed.

Currently, what do you feel are the biggest issues Yucaipa teens encounter? t -+V)ot+ ffens nm o e i ed i ct vi cl
w i rencls . l eek l is Uil"l hEa t 4-11 L4 hQQCQASC
ii-yhotVes +eens think h 0t vet v
Name one person who has inspired you and list the qualities you admire about that person. 1 nvv) inSbirPrl bu ma nnnMA ShP iS -\Je. i 1'1ny-cJ--i.kSoy"rLi0o, Please list any extra -curricular activities in which you participate:
i rxnr�-;r,irn+P in SC'ho0i SrxnrtS sUCI
What can the Youth Advisory Committee do to improve local teen's quality of life? 1 1_4__,1,\eVe P 'Anit",) Ad-\/iscy-u Committee. rOn �ie CITY OF YUCAIPA; YOUTH ADVISORY COMMITTEE PACKET 2023/2024 05/13/2024 City Council Agenda 298

0511
299

City of Yucaipa
34272 Yucaipa Boulevard
UCAIPA
YOUTH Yucaipa, CA 92399
(909) 790-7460
� ADVISORY COMMITTEE
Youth Advisory Committee Packet

RELEASE OF LIABILITY
Date:

By:

RECEIVED
I hereby certify that all statements made in this application are true. I acknowledge that false statements or misrepresentations on this application will be cause for refusal of placement or immediate dismissal at any time during my appointment. I know of no physical limitations, which would preclude my accepting this position. I understand this is a non -paid position with no promise, expressed or implied, of consideration for future employment.

Signature of applicant:

Date: C`A / l/Z'0ZH
SPECIAL NOTE: Members of the City of Yucaipa Youth Advisory Committee are required to serve a two (2) year term, attend two (2) meetings per month, and complete a minimum of 10 hours of community service annually. Attendance and completion of a Brown Act and Code of Ethics Training is required every two years while serving on the Committee. There will be one local field trip, with the option of attending more, if desired.

Youth Advisory Committee members are responsible for providing their own transportation to and from meetings.

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

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

If under 18, a jRarent/guardian must sign for you to participate.

Signature: Date: u, i 'H
If under 18, a par4nt/guardian must answer the following:

I give the City of' Yucaipa, permission to photograph my child while participating in Youth Advisory Committee meetings and activities.

Please Circle, Sign and Date:
i YES NO Signature: Date:,
Applications maybe mailed of iiaiiu/uu■ivu,uu
City of Yucaipa
Attention: Sarah Martinez, Community Services Recreation Superintendent 34272 Yucaipa Boulevard, Yucaipa, CA 92399
CITY OF YUCAIPA; YOUTH ADVISORY COMMITTEE PACKET 2023/2024 05/13/2024 City Council Agenda 300

To the Youth Advisory,
Jaelyn Osnaya is a very bright and caring individual. She has volunteered her time to a program I feel proud of, Hoop Shots, which is held at the YMCA in Redlands for individuals with disabilities. She volunteered last year's season and is back this year to help those individuals with basketball and support their activities. She has also volunteered time with the City of Yucaipa on Make a Difference Day, by helping Candie with cleaning out the owl boxes located at various locations around the city.

Jaelyn also is committed to her education and works hard on her grades as she is wanting to pursue her higher education, in a few years, in Physical Therapy or Nursing. She loves to help people. She has been a part of her school's Soccer, Cross -Country, and currently Track team, and helped with managing Wrestling. She is also active in dance locally and spends her time keeping busy with all things offered to her.

I recommend Jaelyn to the Youth Advisory, as she has a great attitude and drive for bettering herself and her community.

Tbank yow,
Chris Venable
05/13/2024 City Council Agenda 301

City of Yucaipa
UC A �� 34272 Yucaipa Boulevard/� � -
Y�
(� Yucaipa, CA 92399
OUT
0 ADVISORycomin Youth Advisory Committee Packet
REL E kSE OF LIABILITY
I hereby ccrtit} that all statements made in this application arc true. I acknowledge that false statements „r misrepresentations on this application will be cause for refusal of placement or immediate dismissal at any time during my appoinunent. I know of no physical limitations, which would preclude my accepting this position. I understand this is a non -paid position with no promise, expressed or implied, of consideration tier future employment.

Signature of applicant: JALFi Date: 2 q1 Z
SPECIAL NOTE: Members of the City of Yucaipa Youth Advisory Committee are required to serve a two (2) year term, attend two (2) meetings per month, and complete a minimum of 10 hours of community service annually. Attendance and completion of Brown Act and Code of Ethics Training is required every two years while serving on the Committee. Ihcre will be one local field trip, with the option of attending more, if desired.

Youth Advisory Committee members are responsible for providing their own transportation to and from meetings.

If under 18, a parent/<mardian must si;,n for Nou to participate:

Signature: _
-Date: y/Z- y Z L�
If under 18, a parent/guardian must answer the following:

I give the City of' Yucaipa, permission to photograph my child while participating in Youth Advisory Committee meetings and activities.
ircle, Sign and Date:

YES 0 Signature: _-_ -,--- - Date: 7 ��i ZL/
Applications may be mailed or hand delivered to:

City of Yucaipa
Attention: Sarah Martinez, Community Services Recreation Superintendent 34272 Yucaipa Boulevard, Yucaipa, CA 92399
CITY OF YUCAIPA: YOUTH ADVISORY COMMITTEE PACKET 2023/2024 05/13/2024 City Council Agenda 302

City of Yucaipa

U C A IPA
34272 Yucaipa Boulevard
YOUTH
Yucaipa, CA 92399
(909) 790-7460
0 ADVISORY COMMITTEE
Youth Advisory Committee Packet

APPLICANT INFORMATION
Name: Luke McClintock
Date of Birth:

Address:

Yucaipa 92399 Cell Number:

E-Mail:

IMtr•
by.

Agc: --
School: Yuca�na Hiph School Current Grade Level: 9 GPA: 4.2 Parents'/Guardians' Names: Mike and Megan McClintock Cell number:

QUESTIONS
May utilize additional pages, as needed.

Currently, what do you feel are the biggest issues Yucaipa teens encounter? A lack of entertainment or recreational activities is a common problem I notice in our community. New Clothing stores, fun restaurants, or simple fun activities like escape rooms would help make Yucaipa a lot better for teens living here.

Name one person who has inspired you and list the qualities you admire about that person.

I admire my grandpa. He was born into a family of 7 boys. so there wasn't much money to go around.

After years of hard work and dedication to his life. he set up a successful air conditioning business, had 3 kids, and set his later family up for success. His perseverance is unlike any others i've seen.

Please list any extra -curricular activities in which you participate:

I ride mnuntain hikes for the Yucaipa Mountain Rike Team I nm Gross f n entry far Yuraira High and I'm a part of CSF.

What can the Youth Advisory Committee do to improve local teen's quality of life? Finding ways to make more stores such as clothing stores more revelant in the area, This can b help local teens find something to do in the area that is fun and nearby.

CITY OF YUCAIPA; YOUTH ADVISORY COMMITTEE PACKET 2023/2024 05/13/2024 City Council Agenda
303

u
kprii i 1 .'02-1
IS 94 ill It�t=.d'�aiC �U:d pi ll EIr S'.� to fccommend Luke S1c t.. hittoc`1 :1G :1 111c,116cr :i! itic Yl� -:01 4ij� Iii.rt 'k t. s�t1111'k t!C'C r1} .t 11 1.7'.0ISl1 tcaclwr it Yuc:upo High Schof,l. I tilt cn�nt; n;rr r�: i a; 4: :• :A:;:cn tic fkto�' mt 11r111r,t. Ff'q 11 avi M N4e:,a
1rlcvc Middle St h-ol, ind was ail Kill Gradc Callfolnla Junior khtllarrhip f-eticr,ltioli ict ip iciit ]',]king all fionfns cla'."Cs ,Into the Gth tirade, Lukc is continuing to challenge hlinacif Eli-, as a high ludcul Ourrcntly, lie is tstking all lionov, and AP classc-s, %tithe nialni;lilling an S5 Ito aNi c in ill se 1:t>tlraes iiesidcs hcutg a slat pupil, Lukc is involved In Several Sp<111S .!s well tic has k en uSi the Y:tcalpa 1.1nuni.nn Hike Team sincc 7th Grade, and this ycat ticwas a St+(':If NITli !4ag,uc 10,. Top 5 finishcr tie is also on the Yucaipa Cross Counir3 Team Noce, in addnton it) these other :sctivitics. Luke has set Ills sights Oil bxing a 11winbcr of tits Youth Adviscir Coi,.nnticc As ' n;i can sce he is a very capable young; man who is able to nianagt: his belie.

Pilor tlzc Ill', go.11s, and fulfill Illy t;onlninnicnis After lowing sptul o much (bite in%elt(ng ill his i ho of cf,rnll'Iiinity, it ►% only natural I'm hill! (t) desire to have ill) Impai.t In Ill colillntinll.

U':crall
it Is illy apin►o?n thai Lukc' cClintoek would hs an excellent addition to the Youth Ad, i"ofy Co,mmittce lit: ii a dcdicalctl tcani player with a string desire to continue to develop his te. derslup 41IN and affect pcl (t<ve change in Cite communities of which lic :y a part When constdcring Mi MCC'h111c:6 its a candidate fut the City of Yucaipa Ycwth Advis u), Commate . I sec only the tench( s that all partic� would reap in heath the immedwic fututr and lit lite Iong-tcmi
PIC;isc tccI free to e:nnta;;t the fiir to;,tc Informition at (909) '19 -010t, cm I401 Silwcicly.
1ngela Huck
f nghij,h ki?:lrit11-W
`ilicatp.:: lit'01 `J'ool
05/13/2024 City Council Agenda
304

McClintock
Student
05/13/2024 City
305

City of Yucaipa
34272 Yucaipa Boulevard
UCAIPA
YOUTH Yucaipa, CA 92399
(909) 790-7460
0 RDVISORY COMMITTEE
Youth Advisory Committee Packet

APPLICANT INFORMATION
Name: \"DbkAVcx Date of Birth:

Address:e4,,�:Y (�---*Z, C\ShYY't�>S (A Cell Number:

E-Mail:

RECEIVED
Date:

By: ,
Age: �E
School: �' )M1 % \ _le�b S(_V)0Q'1 Current Grade Level: `[ ) GPA: ? Parents'/Guardians' Names: - re\e \\ (Qs ) � .k(A Cell number:

QUESTIONS
May utilize additional pages, as needed.
'urr tly, what do you feel are the biggest issues Yucaipa teens encounter? -QaC/x " )P_C -I, )(rxX,Qn 1
Name one person who has inspired you and list the qualities you admire ... _ , _ �a � c . ,,.... n�9 /� ✓r` mac. ,. _.... � �- ../� n . , l .� _ e list any extra -curricular act' s in which you participate:
`t�X6i P �
can the Youth
COW
to improve local teen's quality of life?
CITY OF YUCAIPA; YOUTH ADVISORY COMMITTEE PACKET 2023/2024 05/13/2024 City Council Agenda 306

City of Yucaipa
UCAIPA 34272 Yucaipa Boulevard
Yucaipa, CA 92399
YOUTH (909) 790-7460
� ADVISORY COMMITTEE
Youth Advisory Committee Packet

RELEASE OF LIABILITY

RECEIVED
Date:

By:

I hereby certify that all statements made in this application are true. I acknowledge that false statements or misrepresentations on this application will be cause for refusal of placement or immediate dismissal at any time during my appointment. I know of no physical limitations, which would preclude my accepting this position. I understand this is a non -paid position with no promise, expressed or implied, of consideration for future employment.

Signature of applicant:

Date: 1 -7 -,?-L7
SPECIAL NOTE: Members of the City of Yucaipa Youth Advisory Committee are required to serve a two (2) year term, attend two (2) meetings per month, and complete a minimum of 10 hours of community service annually. Attendance and completion of a Brown Act and Code of Ethics Training is required every two years while serving on the Committee. There will be one local field trip, with the option of attending more, if desired.

Youth Advisory Committee members are responsible for providing their own transportation to and from meetings.

If under 18, a parent/guardian must sign for you to participate:

Signature:

Date: ( 1-2,
If under 18, a parent/guardian must answer the following:

I give the City of Yucaipa, permission to photograph my child while participating in Youth Advisory Committee meetings and activities.

Please Circle, Sign and Date:

ES ' NO Signature:

Date:

Applications may be mailed or hand delivered to:

City of Yucaipa
Attention: Sarah Martinez, Community Services Recreation Superintendent 34272 Yucaipa Boulevard, Yucaipa, CA 92399
CITY OF YUCAIPA; YOUTH ADVISORY COMMITTEE PACKET 2023/2024 05/13/2024 City Council Agenda 307

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Isabella
Pratte
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410
05/13/2024 City Council Agenda MaiW 05, 2024 1 1■ Its ME 05 310

Agenda Item No. 20

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Assistant City Manager-�
FOR: City Council Meeting of May 13, 2024
SUBJECT: Mobilehome Park Committee Appointment

RECOMMENDATION
That the City Council:
1) Review the attached Citizen Service Applications and nominate one applicant for the At -Large Membership to the Mobilehome Park Committee; and
2) Vote on the appointment of the nominated applicant.

DISCUSSION
On November 27, 2023, the City Council approved the addition of a standing committed called the Mobilehome Park Committee (Committee). The goal of the Committee is to regularly provide information related to the City's Mobilehome Rent Stabilization Program and to engage in an open exchange of information on matters concerning mobilehome parks in the City of Yucaipa. The Committee is comprised of seven (7) members, representing the following groups:
• Five (5) Yucaipa Mobilehome Park Residents under Rent Control; and • Two (2) Yucaipa Mobilehome Park Owners or Owner Representatives. Mobilehome Park Owners or Owner Representatives need not be residents of the City of Yucaipa.

On April 22, 2024, City Council nominated and approved the following appointments:
• Five (5) Yucaipa Mobilehome Park Residents under Rent Control o Jo Sutt
o Kathy Savage
o Petice Huntington
o Tony Slaick
o Vacant
• City Council approved the increase from Two (2) to Three (3) Yucaipa Mobilehome Park Owners or Owner Representatives. Mobilehome Park Owners or Owner Representatives need not be residents of the City of Yucaipa
o Richard Hess (Owner Representative)
o Mitch Emerson (Park Owner)
o Julie Paule (Owner Representative)
05/13/2024 City Council Agenda 311

Due to the one (1) vacant position remaining on the Yucaipa Mobilehome Park Residents under Rent Control represented group, City staff advertised the vacancy in the News Mirror on April 26, 2024. The City has received two (2) Citizen Service Applications for the vacant position (Attachment 1).

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

The applicants have been notified of this meeting and advised that the Council typically desires their attendance to provide additional information, if needed.

FISCAL IMPACT:

None
Attachment:

1. Citizen Service Applications
Approved
05/13/2024 City Council Agenda 312

ATTACHMENT 1
05/13/2024 City Council Agenda 313

CITY OF
t.

CITY OF YUCAIPA
34272 YUCAIPA BOULEVARD
YUCAIPA, CA 92399
(909) 797-2489

CITIZEN SERVICE APPLICATION
The Yucaipa City Council is seeking citizens to serve on duly constituted City Commissions and Committees which have been established to assist and advise the City Council on specific matters for consideration which have been assigned to the respective Commission or Committee. Please complete this application for appointment in full. The applications should be typed or clearly printed and filed with the City Clerk.

Name of Applicant: I 1A IV
First
Address:
ivumber aria mreet
Home
Phone:

Email:

Work
Phone:

Occupation: , t�f
Educational Background: 1 f
Commission or Committee for which you are
applying:

Why are you interested-- in Jthis position?
e. `- �P 1 N.

Middle Last
a 7 ,
laity Zip Code
Cell
Phone: Ff"+
S
5 r o"': , n-
3 -ts 1)
99� 4 rf 8
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What do you consider to be three (3) major assets that would qualify you for selection to this commission/committee?

1. 4e-
lk

3. How long have you resided in Yucaipa? g C�
REFERENCES:

2. jot/' 0.- �- 1.4-- 6.�.-
Applicants are advised that they may be requested to make information available regarding any potential conflict of interest arising from their business/property and/or investments with the City of Yucaipa or where the decisions taken by the City of Yucaipa may influence that business or affiliation.

Completed applications should be returned to the City Clerk's Office, 34272 Yucaipa Boulevard, Yucaipa, California 92399, prior to any, closing dates established.

I CERTIFY THAT THE FOREGOIl, G INFORMATION IS TRUE AND CORRECT.

Signature of Applicant:

Date:

ATTACH A RESUME AND/OR ADDITIONAL INFORMATION WHICH YOU FEEL WILL ASSIST THE CITY COUNCIL IN THEIR SELECTION.
2 05/13/2024 City Council Agenda 315

CI"1'Y Of CITY OF YUCAIPA aiv of "Y9pca
5 9 _ 34272 YUCAIPA BOULEVARD APR 3 4 2024
YUCAIPA, CA 92399 Gen61
e pi seNi
ke

Name of Applicant: J 1� (fi Jc) V)C)e
First Middle Last
Address: (1 C 0 % Cj C11
Number and Street ' City Zip Code
Home Work Cell
Phone: .1- Phone: Phone:

Email:

Occupation: (Z
Educational Background: ^ 'S rW I .-Q(6 ;Sf CW,(q
GU cZ P'N.W,� 1 e eP S CI � `��
Commission or Committee for which you are 11 /
applying: W,� i 1P_ hdme-
Why are you interested in this position?
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05/13/2024 City Council Agenda 1
316

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05/13/2024 City Council Agenda 317

What do you consider to be three (3) major assets that would qualify you for selection to this commission/committee?

2. 3.
tLeZ
How long have you resided in Yucaipa?
REFERENCES:
►P1
Applicants are advised that they may be requested to make information available regarding any potential conflict of interest arising from their business/property and/or investments with the City of Yucaipa or where the decisions taken by the City of Yucaipa may influence that business or affiliation.

Completed applications should be returned to the City Clerk's Office, 34272 Yucaipa Boulevard, Yucaipa, California 92399, prior to any closing dates established.

I CERTIFY THAT THE EGRE60ING INFORMATION IS TRUE AND CORRECT.

Signature of Applicant: Date: 3

ATTACH A RESUME AND/OR ADDITIONAL INFORMATION WHICH YOU FEEL WILL ASSIST THE CITY COUNCIL IN THEIR SELECTION.
05/13/2024 City Council Agenda 2 318

Agenda Item No. 21

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Joe Pradetto, Director of Governmental Affairs
FOR: City Council Meeting of May 13, 2024
SUBJECT: Adoption of Resolution Supporting Initiative No. 23-0017A1, Known as the Homelessness, Drug Addiction, and Theft Reduction Act
RECOMMENDATION:

That the City Council adopt Resolution No. 2024-17, supporting Initiative No. 23-0017A1, known as the Homelessness, Drug Addiction, and Theft Reduction Act.

BACKGROUND:

Prop 47 passed in 2014 with the intent of making California's criminal justice system more equitable. However, it led to unintended consequences over the past decade, including rising —and often organized —retail theft and reducing incentivizes for individuals to seek drug addiction and mental health treatment. As Prop 47 was a voter -approved initiative, serious reform must come through a voter initiative. The Homelessness, Drug Addiction, and Retail Theft Reduction Act is a voter initiative that aims to reform aspects of Prop 47 to address some of its unanticipated consequences.

The Problem
Since the passage of Prop 47 in 2014, reported theft has risen, and repeat offenders are treated as minsdemeanors with citations and immediate release. Homelessness has increased in California by 51 % while it has decreased nationally by 11 %. Drug additiction has become a humanitatiran crisis.

The language of Prop 47—and numerous legal opinions —make it difficult for the legislature to amend Prop 47 in a way that increases penalties. Legislative fixes have been ineffective. Only voters can approve increased penalties and provisions to allow for the aggregation of theft amounts to crackdown on repeat offenders.

Retailers have been hurt by the unintended consequences of Prop 47, leading many to alter or stop operations in certain areas. According to a 2023 Retail Security Survey by the National Retail Federation, 45% of retailers have reduced store hours, 30% reduced product selections, and 28% reported closing locations.
05/13/2024 City Council Agenda 319

The Proposal
The Homelessness, Drug Addiction, and Retail Theft Reduction Act proposes to address many of the issues caused by the passage of Prop 47. It has bipartisan support and is endorsed by the California District Attorneys Association. Major provisions of the Act include:
• Reclassifying retail theft with 2 or more prior convictions as a felony • Allowing the aggregation of multiple thefts together to reach $950 to charge as a felony • Enhancing penalties for damaging property or acting in concert to steal or destroy property • Giving discretion to charge a 3`d hard drug passion as a treatment -mandated felony • Addressing fentanyl by going after fentanyl drug dealers Status
Proponents of the Homelessness, Drug Addiction, and Retail Teft Reduction Act recently submitted 900,000 voter signatures, far exceeding the legally required 546,651 signatures. Pending validation of voter signatures, the measure will be placed on the November ballot.

DISCUSSION:

The unitended consequences of Prop 47 have been felt throughout the state, including in Yucaipa.

As the City works to improve safety and reduce homelessness, meaningful reform to Prop 47 will help support those efforts.

FISCAL IMPACT:

Taking a position of support on the Homelessness, Drug Addiction, and Retail Theft Reduction Act has no financial impact on the City.

Attachments:

1. Resolution No. 2024-17

2. Full Text of Initiative No. 23-0017A1
Approved by:
05/13/2024 City Council Agenda 320

ATTACHMENT 1
05/13/2024 City Council Agenda 321

RESOLUTION NO.2024-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, SUPPORTING INITIATIVE NO.23-0017A1
WHEREAS, Prop 47 passed in 2014 with the intent of making California's criminal justice system more equitable; and
WHEREAS, the unintended consequences of Prop 47 include rising —and often organized —retail theft and reducing incentivizes for individuals to seek drug addiction and mental health treatment; and
WHEREAS, as Prop 47 was a voter -approved initiative, serious reform must come through a voter initiative; and
WHEREAS, the Homelessness, Drug Addiction, and Retail Theft Reduction Act is a voter initiative that aims to reform aspects of Prop 47 to address some of its unanticipated consequences; and
WHEREAS, the Homelessness, Drug Addiction, and Retail Theft Reduction Act aims to reinstate felony convictions for repeat offenders, increase drug and mental health treatment, and enhance penalties for organized theft and destruction of property; and WHEREAS, the measure enjoys bipartisan support and the support of the California District Attorneys Association.

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

Section 1. That the City of Yucaipa supports Initiative No. 23-0017A1, known as the Homeless, Drug Addiction, and Retail Theft Reduction Act.

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 322

ATTACHMENT 2
05/13/2024 City Council Agenda 323

23-0017 Al

BELL, MCANDIREWS & HILTACHK, LLP

ATTORNEYS AND COUNSELORS AT LAW
455 CAPITOL MALL, SUITE 600
SACRAMENTO. CALIFORNIA 95814
(916) 442-7757
FAX (916) 442-7759
www.bmhlaw.com
September 22, 2023
Anabel Renteria
Initiative Coordinator
Office of the Attorney General
State of California
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 23-0017 - Amendment Number One
Dear Initiative Coordinator:

RECEIVED
Sep 22 2023

INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 23-0017, The Homelessness, Drug Addiction, and Theft Reduction Act. The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
4`
Thomas W. Hiltachk
05/13/2024 City Council Agenda 324

23-0017 Al

THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT SECTION 1. Title
This Act shall be known as The Homelessness, Drug Addiction, and Theft Reduction Act.

SECTION 2. Purposes and Intent
This measure will reform laws that have dramatically increased homelessness, drug addiction, and theft throughout California.

This measure will:

A. Provide drug and mental health treatment for people who are addicted to hard drugs such as fentanyl, cocaine, heroin, and methamphetamine.

B. Add fentanyl to existing laws that prohibit the possession of hard drugs while armed with a loaded firearm.

C. Add fentanyl to existing laws that prohibit the trafficking of large quantities of hard drugs.

D. Permit judges to use their discretion to sentence drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large quantities or are armed with a firearm while engaging in drug trafficking.

E. Warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

F. Reinstate penalties for hard drug dealers whose trafficking kills or seriously injures a drug user.

G. Increase penalties for people who repeatedly engage in theft.

H. Add new laws to address the increasing problem of "smash and grab" thefts that result in significant losses and damage, or that are committed by multiple thieves working together.
05/13/2024 City Council Agenda 325

SECTION 3. Findings and Declarations
The People of the State of California find and declare as follows:

A. Reducing Homelessness Through Drug and Mental Health Treatment

1. California has reached a tipping point in its homelessness, drug, mental health, and theft crises. Our state has the highest rate of homelessness per capita of any state in the country. And drug overdoses now kill two to three times the number of people in California as car accidents.

2. Since the passage of Proposition 47 in 2014, homelessness in California has increased by 51%, while during the same time period in the rest of the country, it has declined by 11 %. Proposition 47 reduced the legal consequences of both possession of hard drugs (fentanyl, cocaine, heroin, methamphetamine, and phencyclidine), and theft. The result has been massive increases in drug addiction, mental illness, and property crimes, including retail theft, committed by addicts to support their addiction. At the same time, California has seen a dramatic decrease in mental health and drug treatment for homeless people due to reduced incentives to participate in treatment. Our homelessness problem is directly connected to these unintended consequences of Proposition 47, which the voters now desire to correct.

3. Progressive states such as New Jersey, Maryland, Illinois, and Michigan have significantly stronger hard drug laws than California, and their homeless rate is 4 to 5 times lower than California's.

4. This proposal takes a modest step in the direction of these states by enacting a new class of crime called a "treatment -mandated felony." Under this new "treatment - mandated felony," prosecutors would have the discretion to charge a felony for hard drug possession after two previous drug convictions. If charged with this "treatment -mandated felony" for a third or subsequent drug offense, the offender would be given the option of participating in drug and mental health treatment. If the offender successfully completes drug and mental health treatment, the charge would be fully expunged, and the offender would receive no jail time. If the offender refuses drug and mental health treatment, they would serve jail time for hard drug possession. For a second conviction of the treatment - mandated felony (the 4"' total conviction for hard drug possession), a judge would have the option of imposing time in jail or state prison. Along with hard drug and mental health treatment, offenders charged with a treatment -mandated felony would be offered shelter, job training, and other services designed to break the cycle of addiction and homelessness.

B. Cracking Down on Hard Drug Dealers

1. Fentanyl is the most dangerous drug that our nation has ever seen. Because it is largely produced synthetically, fentanyl is typically cheaper than other hard drugs. As a result, drug dealers now regularly include fentanyl in other drugs such as diet, anxiety, and 05/13/2024 City Council Agenda 326

sleeping pills, cocaine, and heroin. Further, fentanyl is up to 50 times stronger than heroin. Therefore, a very tiny amount of fentanyl can prove deadly. One kilogram (2.2 pounds) of fentanyl provides enough of the drug to manufacture four to ten million doses, or enough to kill 500,000 people. Finally, because such a small amount of fentanyl is necessary to create addiction, it is easier to smuggle across the border in smaller, yet much more deadly quantities.

2. This Act would authorize greater consequences for hard drug dealers whose trafficking kills or seriously injures a person who uses those drugs, and it would provide a mechanism to warn convicted hard drug dealers and manufacturers that they can be charged with murder if they continue to traffic in hard drugs and someone dies as a result.

3. This Act would add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine, for which it is illegal to possess the drug while armed with a loaded firearm.

4. This Act would also add non-prescription fentanyl to an existing list of hard drugs such as heroin, cocaine, and methamphetamine that authorizes greater consequences for drug dealers who sell large quantities of hard drugs.

5. This Act also permits judges to sentence drug dealers who traffic in large quantities of hard drugs or who are armed with a firearm while trafficking in hard drugs to state prison instead of local county jails. Only our state prisons are equipped to manage security for hardened drug dealers and to provide them the rehabilitation services they need to safely re-enter society.

C. Accountability for Repeat Theft and Smash and Grab Thefts

1. Prior to Proposition 47, individuals who repeatedly engaged in theft could be charged with a felony. Prop 47 eliminated this repeat offender felony and instead provided that any theft up to $950 in value is now a misdemeanor — regardless of how many times the offender has committed theft. In practice, this means that an offender who repeatedly steals up to $950 in value faces virtually no legal consequences.

2. The result has been an explosion in retail and cargo theft causing stores throughout California to close to protect employees and customers from criminal activity that disrupts the efficient delivery of products directly to consumers and creates billions of dollars in economic losses to our local communities and state. This rapid increase in retail and cargo theft has also contributed to rising inflation, as businesses have been forced to raise prices to account for their economic losses. This retail and cargo theft explosion has collided with the fentanyl epidemic, as hard drug users have engaged in brazen theft to support their drug habits, knowing that there will be no consequences for either their theft or their hard drug use.

3. Under this Act, an offender with two prior convictions for theft can be charged with a felony, regardless of the value of the stolen property. Diversion programs will continue to 3 05/13/2024 City Council Agenda 327

exist, meaning that judges will retain discretion not to incarcerate an offender even for more than two theft convictions. But prosecutors will have the ability to bring felony charges against hardened, repeat offenders who continue to engage in theft. Judges will have the discretion to sentence a repeat offender to jail in appropriate cases, or to state prison if an offender is convicted four or more times of theft.

4. This Act also authorizes judges to exercise their discretion to impose an enhanced penalty when an offender steals, damages, or destroys property by acting together with two or more offenders or by causing losses of $50,000 or more. By permitting discretion in these scenarios, judges will be able to fashion sentences that are appropriate for the crime committed, including so-called "smash and grabs" committed by mobs or large groups of people working together.

5. The value of property stolen in multiple thefts will be permitted to be added together so that in appropriate cases an offender may be charged with felony theft instead of petty theft. This provision addresses the problem of offenders who commit a series of thefts in which the property stolen during each theft has a value under the $950 felony theft threshold, in order to insulate themselves from felony charges.

6. Along with the hard drug provisions in this Act, these theft law changes will stop the vicious cycle of hard drug users stealing to support their habits without legal consequences for their actions.

SECTION 4. Section 11369 is added to the Health & Safety Code to read:
11369. (a) This section shall be known, and may be cited, as Alexandra's Law. (b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of Section 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, or 11379.6 involving a hard drug, of the following. -
"You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in such conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in very small doses. If you illicitly manufacture, distribute, sell, furnish administer, or give away any real or counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal Code. "
(c) The advisory statement shall be provided to the defendant in writing, either on a plea form if used, as an addendum to a plea form, or at sentencing, and the fact that the advisory was given shall be specified on the record and recorded in the abstract of the conviction. 4 05/13/2024 City Council Agenda 328

(d) (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 containingfentanyl, 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) of Section 11055.

SECTION 5. Section 11370.1 of the Health & Safety Code is amended to read:
11370.1. (a) Notwithstanding Section 11350 or 11377 or any other provision of law, every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, a substance containing heroin, a substance containing methamphetamine, a substance containing fentanvl, a crystalline substance containing phencyclidine, a liquid substance containing phencyclidine, plant material containing phencyclidine, or a hand -rolled cigarette treated with phencyclidine while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
(b) Subdivision La) does not apply to any person lawfully possessing fentanvl, including with a valid prescription.
(c) As used in this -subdivision faa), "armed with" means having available for immediate offensive or defensive use.
—(b)-(d) Any person who is convicted under this section shall be ineligible for diversion or deferred entry of judgment under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code.

Yucaipa City CouncilMay 13, 2024

Yucaipa City Council
May 13, 2024