Yucaipa City Council
June 24, 2024

Justin Beaver, Mayor
Chris Venable, Mayor Pro Tem
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
Chris Mann, City Manager
Steven Graham, City Attorney
Ana V. Sauseda, City Clerk

AMENDED
AGENDA
City Council
Successor Agency • Housing Authority
June 24, 2024
City Hall - City Council Chambers
34272 Yucaipa Blvd., Yucaipa, California
The City Council serves as the Board for the Yucaipa Successor Agency and Commission for the Yucaipa Housing Authority.

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

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

Written public comment submitted on non -agenda items and on specific agenda items will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City's website at https://yucaipa.gov/agendas-minutes/ . Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.
06/24/2024 City Council Agenda
1 Live stream/recording of City Council meetings:

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

Possible Live Stream Disruptions:

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

CLOSED SESSION — 5:00 PM
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Yucaipa Preservation Society v. City of Yucaipa, et al. San Bernardino Superior Court Case No. CIVSB2308052
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 — Number of Cases (1)
OPEN SESSION — 6:00 PM

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION REPORT

CHANGES TO THE AGENDA

SPECIAL PRESENTATION
Proclamation for Parks and Recreation Month

PUBLIC SAFETY UPDATE
• Police
• Fire
• Code Enforcement

PUBLIC COMMENT

CONSENT AGENDA
06/24/2024 City Council Agenda
2 The following Consent Agenda items are expected to be routine and non -controversial.

Council will act upon them, at one time, without discussion. Any Councilmember or staff member may request removal of an item from the Consent Agenda for discussion. The title is deemed to be read and further reading waived on any ordinance listed on the Consent Agenda for second reading and adoption.

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

1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF JUKE 10, 2024, AND THE CANCELLED MEETING MINUTES TTES OF MAY 27, 2024
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of June 10, 2024, and the Cancelled Meeting Minutes of May 27, 2024

2. SUBJECT: MONTHLY REPORT ON YUCAIPA APP USAGE AND RESPONSE — MAY, 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 May, 2024.

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

4. SUBJEC'T: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO

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

5. SUBJECT: MONTHLY TREASURER'S REPORT MAY 2024
1ZECOl1'IMENDATION: That the City Council receive and file the Monthly Treasurer's Report for May 2024.

6. SUBJECT: RESOLUTION OF INTENTION FOR THE LEVY OF ANNUAL

ASSESSMENTS FOR THE CITY OF YUCAIPA LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1
RECOMMFNTIATION: That the City Council adopt Resolution No. 2024-33, a Resolution of the City Council of the City of Yucaipa, California, Declaring Its Intention 06/24/2024 City Council Agenda
3 to Order Confirmation of Annual Assessments for City of Yucaipa Landscaping and Lighting Maintenance District No.1, Pursuant to Provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code, Section 22500 et seq.) to Levy and Collect Assessments for Fiscal Year 2024-2025; and Offering a Time and Place for Hearing Objections Thereto.

7. SUBJECT: AWARD OF CONTRACTS — FY23/24 PAVEMENT REHABILITATION PROGRAM AND PATCHING PROGRAM — PROJECT NO. 11219, AND FY23/24 MICROSURFACE PROGRAM AND CRACK SEAL PROGRAM — PROJECT NO. 11221
RECOMMENDATION: That the City Council:

1. Authorize the City Manager to execute a contract, and the City Manager or his designee administer the terms of the contract to the lowest responsive bidder, Matich Corporation of Highland, CA, in the amount of $1,728,769 for the FY23/24 Pavement Rehabilitation Program and Patching Program — Project No. 11219; and

2. Approve the amounts of $170,000 for construction contract contingency and $50,000 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $1,948,769; and

3. Authorize the City Manager to execute a contract, and the City Manager or his designee administer the terms of the contract to the lowest responsive bidder, Pavement Coatings Company of Jurupa Valley, CA, in the amount of $209,771 for the FY23/24 Microsurface Program and Crack Seal Program — Project No. 11221; and

4. Approve the amounts of $20,000 for construction contract contingency and $10,000 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $239,771; and

5. Approve a budgeted transfer from the Measure I Local Fund into the Street Maintenance Fund (PMP Fund) in the amount of $626,000; and

6. Authorize an increase to the FY23/24 Pavement Management Program (PMP) expenditure budget in the amount of $626,000; and

7. Authorize the City Manager or his designee to administer the distribution of the contract contingencies; and

8. Approve the plans and specifications prepared for these two projects (1 1219 & 1 1221). 06/24/2024 City Council Agenda
4 8. SUBJECT: ACCEPTANCE OF CONTRACT WORK — 2ND STREET AND 3RD STREET AT AVENUE E ROUNDABOUTS HARDSCAPE PHASE II PROJECT — PROJECT NO. 11165
RECOMMENDATION: That the City Council:

1. Accept the contract work completed by Three Peaks Corporation in the amount of $89,217 for the 2nd Street and 3rd Street at Avenue E Roundabouts Hardscape Phase II Project — Project No. 11165 (Project); and

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

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

9. SUBJECT: ACCEPTANCE OF CONTRACT WORK — CDBG REPLACEMENT OF

ROOF AT THE SCHERER COMMUNITY CENTER BUILDING AND SENIOR NUTRITION CENTER BUILDING — PROJECT NO. 11200
RECOMMENDATION: That the City Council:

1. Accept the contract work completed by Best Contracting Services, Inc. in the amount of $307,040 for the CDBG Replacement of Roof at the Scherer Community Center Building and Senior Nutrition Center Building — Project No. 11200 (Project); and

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

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

10. SUBJECT: ACCEPTANCE OF CONTRACT WORK —15TH STREET SIDEWALKS ATP PROJECT. PROJECT NO. 11184
RECOMMENDATION: That the City Council:

1. Accept the contract work completed by Three Peaks Corp. in the amount of $270,667.00 15th Street Sidewalks ATP Project. — Project No. 11184; and

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

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

11. SUBJECT: MEASURE I AWARD — OMNITRANS FY25 AND FY26 CONTINUED

PROJECT FUNDING
RECOMMENDATION: That the City Council authorize the City Manager to execute and administer the terms of a funding agreement with Omnitrans in the amount of $265,981 for Measure I funds.
06/24/2024 City Council Agenda
5 12. SUBJECT: RESOLUTIONS ACCEPTING THE CERTIFICATE OF SUFFICIENCY;

CALLING, ORDERING, AND GIVING NOTICE OF A SPECIAL MUNICIPAL

ELECTION FOR THE SUBMISSION OF THE QUESTION OF THE RECALL OF A

CERTAIN OFFICER AND REQUESTING THE SAN BERNARDINO COUNTY

BOARD OF SUPERVISORS TO DIRECT THE SAN BERNARDINO COUNTY

REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY RELATING TO

THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION
RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 2024-35, a resolution of the City Council of the City of Yucaipa, California, accepting the Certificate of Sufficiency of Petition to Recall Yucaipa City Councilmember Matt Garner, District 1; and

2. Adopt Resolution No. 2024-36, a resolution of the City Council of the City of Yucaipa, California, calling for the holding of a Special Municipal Election on Tuesday, November 5, 2024, for the submission of the question of the recall of a certain officer and requesting the San Bernardino County Board of Supervisors to consolidate a Special Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on that date pursuant to California Elections Code § 10403.

13. SUBJECT: FISCAL YEAR 2024-2025 ANNUAL PROCUREMENTS
RECOMMENDATION: That the City Council:

1. Authorize the execution of contracts for the 40 procurements listed in Attachment 1; and

2. Dispense with competitive bid procedures as per Section 2.24.060.A of the City of Yucaipa Municipal Code for items 1 through 7.

DISCUSSION ITEMS

14. SUBJECT: FISCAL YEAR 2024-2025 SALARY SCHEDULES
RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 2024-27, adopting the General Unit Salary, Benefit, and Classification Plan; and

2. Adopt Resolution No. 2024-28, adopting the Management, Supervisory, and Confidential Employee Benefit and Classification Plan.
06/24/2024 City Council Agenda
6 15. SUBJECT: CONSIDER ADOPTION OF RESOLUTIONS PLACING A GENERAL TAX MEASURE ON THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION BALLOT TO ESTABLISH A 1 PERCENT OR 1.5 PERCENT GENERAL

TRANSACTIONS AND USE (SALES) TAX
RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 2024-38, a resolution of the City Council of the City of Yucaipa, California, ordering the submission to the qualified electors of the City a measure establishing a one cent transactions and use (sales) tax or
Adopt Resolution No. 2024-39, a resolution of the City Council of the City of Yucaipa, California, ordering the submission to the qualified electors of the City a measure establishing a one and one half cent transactions and use (sales) tax; and

2. Adopt Resolution No. 2024-40, a resolution of the City Council of the City of Yucaipa, California, setting deadlines and priorities for filing written arguments and rebuttals regarding the City initiated transactions and use tax measure and directing the City Attorney to prepare an impartial analysis; and

3. Resolution No. 2024-41, a resolution of the City Council of the City of Yucaipa, California, stating its intention to expend the proceeds of the transactions and use tax from the Yucaipa Public Safety and Essential Services Protection Measure on public safety services if approved by the voters at the November 5, 2024 General Election; and

4. Resolution No. 2024-42, a resolution of the City Council of the City of Yucaipa, California, directing the City Manager to execute cost-cutting measures as an alternative plan of fiscal sustainability should a sales tax measure fail to pass in the November 5, 2024 General Election.

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
06/24/2024 City Council Agenda
7 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.

16. SUBJECT: YUCAIPA DISPOSAL 2023 ANNUAL REPORT, SOLID WASTE RATE

ADJUSTMENT, ANNUAL SINGLE-FAMILY RESIDENTIAL PROPERTY TAX ROLL BILLING FOR FISCAL YEAR 2024-25
RECOMMENDATION: That the City Council conduct a public hearing and subsequently:

1. Receive the 2023 Solid Waste Annual Report from Yucaipa Disposal; and

2. Approve the Residential Rate Adjustment, recommended by the Solid Waste Committee, implementing an increase to the franchise fee (from 10% to 20%), resulting in a 15-gallon rate increase of $4.57 (from $20.69 to $25.26), 30-gallon rate increase of $5.79 (from $26.17 to $31.96) and a 60-gallon rate increase of $7.65 (from $34.58 to $42.23); and

3. Approve the proposed Commercial Refuse Rate Adjustment, which includes Food Waste and Recycling (Recommended by Solid Waste Committee); and

4. Adopt Resolution No. 2024-43, approving the rates and requesting the County of San Bernardino to place collection of costs for single-family residential solid waste, organic waste, and recycling services for Fiscal Year 2024-2025 on the County of San Bernardino property tax roll pursuant to Chapter 8.28 of the Yucaipa Municipal Code; and

5. Authorize the City Manager to execute Contract Amendment No. 1 to the Amended and Restated Solid Waste Franchise Agreement with Yucaipa Disposal, Inc., adjusting the franchise fee and adding language for SB 1383 Program Requirements and Responsibility.

17. SUBJECT: ADOPTION OF RESOLUTION NO. 2024-44, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, FORWARDING

AMOUNTS REMAINING UNPAID ON THE CERTIFIED SOLID WASTE LIEN LIST TO THE COUNTY OF SAN BERNARDINO FOR ADDITION TO THE 2024-2025

PROPERTY TAX ROLLS AS A SPECIAL ASSESSMENT
RECOMMENDATION: That the City Council conduct a Public Hearing and subsequently adopt Resolution No. 2024-44 forwarding amounts remaining unpaid on the Certified Solid Waste Lien List to the County of San Bernardino for addition to the 2024- 2025 Property Tax Rolls as a Special Assessment.
06/24/2024 City Council Agenda
8 18. SUBJECT: ANNEXATION OF TRACT MAP NO. 16268 INTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 (ZONE "MM")
RECOMMENDATION: That the City Council:

1. Conduct a Public Hearing, and subsequently adopt Resolution No. 2024-46, approving 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.

19. SUBJECT: COMMUNITY SERVICES USER FEES
RECOMMENDATION: That the City Council conduct a Public Hearing and subsequently approve Resolution No. 2024-45, rescinding Resolution No. 2022-23, and adopting an update to the Community Services User Fee Schedule and amending fees and charges for services rendered in relation to Community Services and making related determinations pursuant to the California Environmental Quality Act.

COUNCILMEMBER REPORTS

ANNOUNCEMENTS

ADJOURNMENT
06/24/2024 City Council Agenda
9 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.
06/24/2024 City Council Agenda
10 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
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 06/21/2024, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:

Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, California City of Yucaipa website www.yucaipa.2ov
Ana V. Sauseda, MMC
City Clerk
06/24/2024 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 /7/5 FOR: City Council Meeting ofJune 24, 2024
SUBJECT: Approve the City Council/Successor Agency/Housing Authority Minutes ofJune 10, 2024, and the Cancelled Meeting Minutes of May 27, 2024 RECOMMENDATION:

That the City Council approve the City Council/Successor AgencylHousing Authority minutes of June 10, 2024, and the Cancelled Meeting Minutes of May 27, 2024.

Attachments:

1. Regular Meeting Minutes — 06/10/2024

2. Cancelled Meeting Minutes — 05/27/2024
Approved By: l ��
06/24/2024 City Council Agenda
12 ATTACHMENT 1
06/24/2024 City Council Agenda
13 City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of June 10, 2024
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
CLOSED SESSION — 4:30 PM

CALL TO ORDER
Mayor Beaver called the Closed Session meeting to order at 4:30 p.m.

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

PUBLIC COMMENT
There were no comments.

CLOSED SESSION — 4:30 PM
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Ana Sauseda v. Kathleen Elizabeth Sellers, Court of Appeal (Fourth District) Case No.

E083932
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Colleen Wang, et al. v. City of Yucaipa, San Bernardino Superior Court Case No. CIVSB 2415976
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Yucaipa Preservation Society v. City of Yucaipa, et al. San Bernardino Superior Court Case No. CIVSB2308052
D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 — Number of Cases (1)
City Council Minutes
06/24/2024 City Council Agenda
Page I of 8
14 The City Council entered Closed Session at 4:30 p.m.

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 6:02 p.m.

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

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

CLOSED SESSION REDO
City Attorney Steven Graham reported the following on the Closed Session items:

A. The Council gave settlement direction by a vote of 3-1-1, with Mayor Pro Tem Venable voting no and Councilmember Garner absent.

B. No reportable action
C. The Council gave settlement direction by a vote of 4-0-1, with Councilmember Garner absent.

D. The Council was unable to complete their discussion of Item D and will recess back to Closed Session at the end of the meeting.

City Attorney Graham stated that he did not anticipate having reportable action on Closed Session Item D, however, in the event that there was reportable action, it would be reported at the next regular City Council meeting.

City Council Minutes
06/24/2024 City Council Agenda

15 CHANGES TO THE AGENIIA,
City Manager Chris Mann indicated that there were no changes to the agenda.

SPECIAL_PRESENTATION
Executive Director Krista Dunlop was unable to attend the meeting for the YAPS Dog of the Month presentation.

Superintendent Cali Binks, Yucaipa-Calimesa Joint Unified School District gave a brief presentation on behalf of the School District.
pUBLIC COMMENT
The following member of the public spoke:
• Cydney Porter

CONSENT AGENDA
Mayor Beaver asked if there were any Consent Agenda items to be removed for discussion.

Councilmember Thorp removed Item 7 for separate discussion.

1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF MAY 13, 2024
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority minutes of May 13, 2024.

2. SUBJECT: SECOND READING OF ORDINANCE NO. 447
RECOMMENDATION: That the City Council approve the second 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

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.

City Council Minutes
06/24/2024 City Council Agenda

16 5. SUBJECT: APRIL MONTHLY APP REPORT
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 April, 2024.

6. SUBJECT: FISCAL YEAR 2024/2025 ANIMAL CARE AND CONTROL CONTRACT RECOMMENDATION: That the City Council authorize the City Manager to execute a one year contract with the County of San Bernardino for the provision of animal care and control services in an amount not to exceed $558,339.

8. SUBJECT. MONTHLY TREASURERS REPORT APRIL 2024
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for April 2024.

9. SUBJECT: FISCAL YEAR 2023-24 BUDGET ADJUSTMENT REPORT-JUNE 2024 RECOMMENDATION.. That the City Council receive and file the Staff Approved Budget Adjustments (Attachment 1),

10. SUBJECT: FISCAL YEAR 2023/2024 ACCOUNTABILITY REPORTS RECOMMENDATION: That the City Council receive the Community Activity Grant Accountability Reports and deem the program requirements complete for Calicaipa Nooners Lions Club- 2023 Veterans Day Ceremony, Childhood Cancer Foundation of Southern California- 2024 Spring Egg Hunt, Yucaipa Elks #2389 - Annual Hoop Shoot/Soccer Shoot, Family Promise of Yucaipa/Calimesa Operational Expenses, Family Service Association of Redlands - Yucaipa Outreach Program, Gardenworksforkids - Austism Patio Cover, Smiles for Seniors Foundation - Low Income Senior Assistance, Yucaipa Valley All Association - Twice Monthly Meetings, Yucaipa Valley Art Association - Weekly Meetings, Yucaipa Womans Club- Ongoing Building Maintenance.

ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 4-0-1, (COUNCILMEMBER GARNER WAS ABSENT) TO APPROVE CONSENT AGENDA ITEMS NO. 1 THROUGH 6 & 8 THROUGH 10.

ITEM REMOVED FOR DISCUSSION

7. SUBJECT: SPECIAL EVENT PERMIT APPLICATION - PUMPKIN FACTORY LLC RECOMMENDATION: That the City Council approve the alcohol service and attendance for a Special Event Permit Application (SEPA) submitted by the Pumpkin Factory LLC (Applicant) to conduct a Festival style concert on Saturday June 22, 2024.

DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.

City Council Minutes
06/24/2024 City Council Agenda

17 The following members of the public spoke:
• Tony Hicks, Applicant
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1, (CUUNCILMEMBER GARNER WAS ABSENT) TO APPROVE CONSENT AGENDA ITEM NO. 7.

DISCUSSION ITEMS

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

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

2. Vote on the appointment of the nominated applicant.

DISCUSSION: Recreation Superintendent Martinez presented the Agenda Report.

ACTION: MOTION BY MAYOR BEAVER, SECOND BY MAYOR FRO TEM VENABLE, CARRIED 4-0-1, (COUNCILMEMBER GARNER WAS ABSENT) TO APPOINT MELANIE LOMELI TO THE YOUTH ADVISORY COMMITTEE.

12. SUBJECT: REVIEW AND CONSIDER FISCAL YEAR 2024/2025 COMMUNITY

ACTIVITY GRANT APPLICATIONS
RECOMMENDATION: That the City Council:

1. Review and consider the Fiscal Year 2024/2025 Community Activity Grant awards recommended by the Community Activity Grant Application Review Ad -Hoc Committee.

2. Determine that the Childhood Cancer Foundation of Southern California should be exempt from the Grant Guideline that requires the organization to be located in Yucaipa if their Community Activity Grant is awarded.

DISCUSSION: Assistant City Manager Crawford presented the Agenda Report.

The following members of the public spoke:
• Kim Burden
• Virginia Cosby
• Nick Moretta
• Donna Solomon
• Debra Lowe
• Paul Kielhold
• Rachael Gustuson
City Council Minutes
06/24/2024 City Council Agenda

18 • George Sardeson
• Zully Martinez
• Tim Hansen
• Patty Ingram
• Catherine Serianni
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY MAYOR
BEAVER, CARRIED 4-0-1, (COUNCILMEMBER GARNER WAS ABSENT) TO APPROVE THE FOLLOWING:

Applicant
Description of EventfProgmm
FY2024/25
Financial
Support
Requested
FY 2024/25
In-kindIFeh
Waiver
Support
Requested
CAG Ad -Hoc Committee
Recommended Awank
lu ommodta
Financial
F.eeommenckd
1a-kindlPee
Wniwr
Al -Anon Family Groups
Weekly Meetings
$3,304
S3,304
Family Service Association of Redlands/Yucaipa Outreach Housing Assistance and Advocacy Program
53,500
52,500
Rotary Club of Yucaipa
Weekly Needle
$9,576
S9,576
Childhood Canter Foundation of So. CaL
Annual Spring Eggstravaganza
$ l ,000
$1,000
Yucaipa BMX
Replacement of Loaner BMX Bikes
S3,500
S3,000
Yucaipa Wotrren's Club
Building Maintenance
53,000
S3,000
Smiles for Seniors Foundation
Low Income Senior Assistance Program
S3,000
S3,000
Yucaipa ?kickball Inc.

Pickkball in Schools, Picklcball Day and Clinics
54,500
S2,820
Yucaipa Valley Art Association
Weekly Art Painting Sessions
$4,2]2
$4,212
Yucaipa Valley Art Association
Twice Monthly Art and Photography Meetings
S3,543
$3,543
Rotary Club of Yucaipa
691hAnnual ChristmasParade
S16,200
$16,200
The Well Outreach Center
Assistance to Students and Families
$3,000
S2,000
The Elks Lodge 62389
Annual Hoop Shoot
51,000
$600
$500
S600
Gardenworkslbrkids
Cement Walkway for Wheelchair Access
$1,500
S1,500
Redlands Bicycle Classic Inc
2025 Redlands Bicycle Classic
5If1,70I11
Yucaipa/Catimesa Family Assistance
Computer Hardware and Service Contracts
51,680
51,680
Yucaipa&Calirncsa Vctcsans Cornuniltoe
2024 Veterans Day Ceremony
5720
S720

TOTAL REQUESTED

BUDGETED AMOUNT

BALANCE REMAINING
S24,680
S49,855
S20,000
S39,155
S20,000
540,000 S20,000
S40,000
-S4,680
-S9,855I. S0
5845

13. SUBJECT: FISCAL YEAR 2024-2025 ANNUAL BUDGET, CAPITAL

IMPROVEMENT PROGRAM, AND OTHER RELATED ACTIONS
RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 2024-21, approving the Fiscal Year 2024-2025 Operating Budget and Capital Improvement Program for the City of Yucaipa; and

2. Adopt Resolution No. 2024-25, approving the Budget and Fiscal Policy; and

3. Adopt Resolution No. 2024-26, approving the Fund Balance Policy; and

4. Adopt Resolution No. 2024-29, approving the Investment Policy; and

5. Adopt Resolution No. 2024-27, adopting the General Unit Salary, Benefit and Classification Plan; and
City Council Minutes

06/24/2024 City Council Agenda
19 6. Adopt Resolution No. 2024-28, adopting the Management, Supervisory and Confidential Employee Benefit and Classification Plan; and

7. Adopt Resolution No. 2024-30, adopting the Measure I Five -Year Capital Improvement Program; and

8. Adopt Resolution No. 2024-31, approving the Five -Year Capital Project Needs Analysis (CPNA) for FY2025-2026 through FY2029-2030; and

9. Adopt Resolution No. 2024-32, approving a list of projects for Fiscal Year 2024-2025 funded by SB1; and

10. Adopt Resolution No. 2024-24, setting the Appropriations Limit for Fiscal Year 2024- 2025; and

11. That the City Council, acting as the Successor Agency to the Yucaipa Redevelopment Agency, adopt Resolution No. 2024-22, approving the Fiscal Year 2024-2025 Budget for the Successor Agency to the Yucaipa Redevelopment Agency; and

12. That the City Council, acting as the Yucaipa Housing Authority, adopt Resolution No. 2024-23, approving the Fiscal Year 2024-2025 Budget for the Yucaipa Housing Authority.

DISCUSSION: Director of Finance White presented the Agenda Report.

Mayor Pro Tem Venable left the dais at 7:34 p.m. and returned at 7:36 p.m, After Council discussion, the following Motion was made:

ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR BEAVER, FAILED 2-2-1, (MAYOR PRO TEM VENABLE AND

COUNCILMEMBER THORP VOTED NO AND COUNCILMEMBER GARNER
WAS ABSENT) TO APPROVE RECOMMENDATIONS 1 THROUGH 12.

ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY MAYOR
PRO TEM VENABLE, CARRIED 3-1-1, (COUNCILMEMBER DUNCAN VOTED

NO AND COUNCILMEMBER GARNER WAS ABSENT) TO APPROVE
RECOMMENDATIONS 1 THROUGH 4 AND 7 THROUGH 12.

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

COUNCILMEMBER GARNER WAS ABSENT) TO CONTINUE
RECOMMENDATIONS 5 AND 6 TO THE NEXT REGULAR CITY COUNCIL MEETING.

City Council Minutes
06/24/2024 City Council Agenda

20 COUNCILM1 MBER REPORTS
Mayor Beaver announced the Free Compost & Mulch event on Saturday, June 15, 2024.

ANNOUNCEMENTS
The next regularly scheduled meeting will be June 24, 2024 at 6:00 p.m.

ADJOURNMENT
Mayor Beaver adjourned the regular City Council meeting at 8:21 p.m. and recessed back to closed session.

Council adjourned from Closed Session at 8:38 p.m.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
City Counoi1 Minutes
06/24/2024 City Council Agenda

21 ATTACHMENT 2
06/24/2024 City Council Agenda
22 City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of May 27, 2024
City Hall Council Chambers
34272 Yucai a Blvd., Yucaipa, CA 92399

THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF YUCAIPA SCHEDULED FOR MAY 27, 2024, WAS CANCELLED.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
City Council Minutes Page 1 of 1
06/24/2024 City Council Agenda
23 Agenda Item No. 2

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk ,rQ1/5' FOR: City Council Meeting of June 24, 2024
SUBJECT: Monthly Report on Yucaipa App Usage and Response — May, 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 May, 2024.

BACKGROUND/DISCUSSION:

The Yucaipa App is a smart phone application that allows users to report issues and access City information. The App allows users to submit pictures and geographical locations to help the City to respond effectively and provide status updates. The App has played a crucial role in addressing concerns related to homelessness and street maintenance.

As the City aims to increase the number of residents using the App, staff will continue to submit a monthly accountability report sharing important statistics.

Monthly Totals
Item
MAR
APR
MAY
Total Monthly Users
Unavailable*
Unavailable*
1195
Total Issues Submitted
192
227
191
Most Commonly
Reported Issue
Street/City Issue
(111J
Street/City Issue
(136)
Street/City Issue
(104)
Average Response
Time

2.5 days

5.6 days

3.3 days
* The total monthly users for March and April are unavailable due to an ongoing update on behalf of the app platform, MyCivic.
06/24/2024 City Council Agenda
24 Issues Totals by Type
FEB
MAR
APR
MAY
Code Enforcement
6 1
4 8
Daily Park Task
1 Graff tilVandalism
27 23
26 15
Homeless Issue
27 12
27 31
Park Issue
7 25
17 17
Refer to PMP
4 6
5 5
Street/City Issue
102
111
136
104
Traffic Calming
8 7
8 9
Trail lssue
4 6
2 1
Grand Total
185
192
227
191
FISCAL IMPACT:

None.

Attachments:

1. Case Report
Approved by:
06/24/2024 City Council Agenda
25 ATTACHMENT 1
06/24/2024 City Council Agenda
26 ID Status Public/Private Source
2102389 new Public Android
2102299 resolved Public iC5
2101291 new Public i05
2101290 new Public iOS
2101022 resolved Private 105
2100666 resolved Public 105
2100467 resotved Private 105
2100482 resolved Public 105
2100414 new Private 105
2100338 resolved Private 105
2100307 referred Public 105
2100198 referred Private Android
2100128 resolved Private iOS
2100032 resolved Private iOS
2099655 resolved Private iOS
2099532 resolved Private CMS RAI
2099035 new Public iOS
2098605 resolved Public iOS
2098438 assigned Private i05
2098080 resolved Public 105
2097636 new Public 105
2097600 new Public Android
2097422 new Private 105
2096666 resolved Private 105
2096348 resolved Public i05
2096334 resolved Public 105
2096269 new Public 105
2096263 new Public 105
2096189 new Public 105
2096184 resolved Private Android
2496156 referred Public 105
2095994 resolved Private WEB RAI
2695986 resolved Private 105
2695552 resolved Public iOS
2095384 new Public i0S
2695092 new Private i05
2494813 resolved Public Android
2094545 new Public i05
2093414 new Public 105
2093094 resolved Private i05
2092892 resolved Public Android
2092781 resolved Private 105
2092429 resolved Public IOS
2092427 resolved Public i05
2092295 resolved Private iOS
2091163 resolved Public 10S
2091162 resolved Public i0S
2000361 resolved Private Android
2090355 resolved Private Android
2089974 resolved Public iOS
2089924 resolved Private i05
2089391 resolved PubtiC Android
2089292 resolved Public iOS
2088655 referred Public 4VE8 RAI
2088195 resolved Public i05
2087071 resolved Public i05
2086808 resolved Public i05
2086744 resctved Private 105
2086218 resolved Public In -person
2085874 resolved Public IOS
2085153 resolved Private IOS
2085134 resclved Private IOS
2085124 resolved Private i0S
Open Date Resolved/Canceled Date
45443.88819
45443.78194
45443.39514
45443.39514
45443.32569
45443.23958
45442.83819
45442.83611
45442.75458
45442.71458
45442.69267
45442.64236
45442.61458
45442.58819
45442.49097
45442 45903
45442.35278
45442.236131
45441.86736
45441.63542
45441.51181
45441.50278
45441.45833
45441.29792
45440.93681
45440.89653
45440.82083
45440.81667
45440.75972
45440.75694
45440.74653
45440.67083
45440,66597
45440.62569
45440.51319
45440.45139
45440-39514
45440-35972
45439-57153
45439-40694
45439-29028
45438.98472
45438,6
45438.59583
45438.40097
45437.27222
45437.27083
45436.40861
45436.49722
45436.38819
45436.37292
45435.84653
45435.74861
45435.50417
45435,33819
45434.69931
45434.59653
45434,58125
45434.45278
45434.36458
45433.79028
45433.77708
45433.77292
45449
45443
45449
45442
45449
45447
45442
45442
45453
45442
45442
45441
45441
45441
45449
45440
45441
45440
45441
45442
45441
45447
45440
45442
45442
45440
45442
45449
45441
45441
45456
45436
45442
45440
45435
45453
45442
45434
45434
45453
45434
45434
45433
Days Resolve Type
Code Enforcement
6 Parklssue
Street/City Issue
Street/City ISSUE
0 Homeless Issue
6 Street/City Issue
0 Homeless Issue
7 Street/Citylssue
Street/City Issue
5 Homeless Issue
Street/City Issue
Homeless issue
0 Street/Citylssue
0 Street/City Issue
11 Street/Citylssue
0 Daily Park Task
Park Issue
0 Street/City Issue
Homeless Issue
0 Graffiti/Vandalism
Cade Enforcement
Street/City Issue
Code Enforcement
0 Homeless Issue
1 GraffitiNandalism
9 Street/City Issue
Code Enforcement
Code Enforcement
Street/City Issue
0 Homeless Issue
Traffic Calming
1 Park issue
0 Street/Citylssue
1 Park Issue
Street/City issue
Code Enforcement
2 Street/City issue
Street/City Issue
Street/City Issue
2 Homeless Issue
8 Traffic Calming
2 Homeless Issue
4 Street/City Issue
4 Street/City Issue
2 Homeless Issue
5 Street/City Issue
12 Street/City Issue
5 Oralfltl/Vandallsm
5 GratthiNandallsm
20 Street/City Issue
0 Homeless Issue
7 Park Issue
5 Park Issue
Refer to PMP
0 StreetlCity Issue
19 StreetlCity Issue
8 Street/City Issue
0 Street/City Issue
0 Street/City Issue
19 Street/City Issue
1 Homeless Issue
1 Homeless Issue
0 Homeless Issue
Sub -Type
Other
Pothole
Pothole
Pothole
Other
Weeds/Overgrowth
Other
Weeds/Overgrowth
Weeds/Overgrowth
Pothole
Facility Maintenance
RestroomfFacility
Pothole
Pothole
Other
Weeds/Overgrowth
Other
Pothole
Sprinkler
Pothole
Weeds/Overgrowth
Sign
Other
Pothole
Pothole
Pothole
Pothole
Weedsf0vefgrowth
Sprinkler
Sprinkler
Sidewalk
Pothole
Pothole
Weeds/Overgrowth
Pothole
Pothole
06/24/2024 City Council Agenda
27 2084498 resolved Private iCS 45433.50069 45433
2084491 resolved Private ICS 45433.49931 45434
2084481 resolved Private ICS 45433.49653 45433
2084379 resolved Public 105 45433.47292 45433
2084096 resolved Private ICS 45433,41111 45433
21584076 resolved Public 105 45433.40764 45433
2083211 referred Public 10S 45432.92431
2(583183 resolved PUBLIC 105 45432.88264 45433
2082798 new Private iOS 45432.66806
2082527 resolved Public 105 45432.57361 45433
2081663 reSOlved Public Phone Vorcemail 45432.35 45434
2081401 resolved Public 105 45432.29653 45434
2081067 resolved Private 105 45431.85069 45432
2081041 resolved Public Android 45431.81806 45433
2081.034 resolved Public Android 45431.81389 45432
2081017 resolved Public Android 45431,80208 45433
2080771 resolved Public ICS 45431.62361 45432
2080734 resolved Private ICS 45431.59861 45432
2079985 canceled Private WEB RAI 45430.67778 45434
2079637 resolved Public Android 45430.46528 45431
2079627 referred Public Android 45430.45972
2079475 resolved Public WEB RAI 45430.37431 45432
2079332 new Private 105 45430.27083
2079329 resolved Public 105 45430.26875 45433
2078987 referred Private Androld 45429.71944
2078719 resolved Public Androld 45429.58333 45429
2078631 resolved Public Androld 45429.55556 45433
2078612 resolved Public WEB RAI 45429.54931 45432
2078299 resolved Public Androld 45429.42847 45447
2078295 resolved PUBLIC Android 45429.42778 45432
2078247 resolved PUbNIC Androld 45429.41181 45429
2078243 referred Public !05 45429.40903
2078228 resolved Public Androld 45429.40069 45429
2077640 resolved Public Android 45428.81806 45432
2077618 resolved Public 105 45428.79722 45432
2077342 resolved Public Phone Answered 45428.61736 45429 2377313 canceled Public Android 45428.60139 45432
2076111 resolved Private !OS 45428.2875 45428
2076110 resolved Public 105 45428.28611 45428
2075882 resolved Public Android 45427.87083 45433
2075874 resolved Public Android 45427.86667 45428
207582E resolved Private Android 45427.81042 45428
2975489 resolved Public Android 45427.6375 45432
2075446 resolved Private 105 45427.62083 45427
2073446 resolved Private 105 45426.57986 45433
2073443 referred Public i05 45426.57847
2073338 canceled Public !05 45426.54583 45427
2073134 resolved Public !OS 45426.48958 45427
2072924 canceled Public !OS 45426.42639 45426
2072908 resolved Private 105 45426.42292 45426
2072365 resolved Public Androld 45426.28889 45427
2072362 resolved Public Androld 45426.28819 45427
2071772 resolved Private Android 45425.68125 45425
2071589 resolved Public 105 45425.61319 45426
2071307 resolved Private Android 45425.525 45425
2071304 referred Private Android 45425.52431
2071053 resolved Public Phone Answered 45425.44722 45426 2070453 resolved Public In person 45425.31944 45425
2069662 referred Private WEB RA! 45424.49722
2069300 resolved Public 105 45423.85069 45425
2068582 resolved Public 105 45423.30972 45426
2068355 resolved Private I05 45422.75208 45426
2068018 resolved Public f05 45422.58889 45426
2067561 resolved Public f03 45422.43542 45433
0 Homeless Issue
1 Street/CltyIssue
0 Homeless Issue
0 StreetlCltylssue
0 StreetlCltylssue
0 Street/CltyIssue
Traffic Calming
1 StreetfCity Issue
Code Enforcement
1 Street/City ISSue
2 Street/City Issue
2 Park Issue
1 Homeless Issue
2 Street/City Issue
1 Street/City Issue
2 Street/City issue
1 OraffltiNandelism
1 Homeless Issue
4 Park Issue
1 Street/CltyIssue
Refer to PMP
2 Street/City Issue
Street/City Issue
3 Street/City Issue
Homeless Issue
0 Street/City Issue
4 Street/City Issue
3 Street/City Issue
18 Street/City Issue
3 Street/City Issue
0 Street/City Issue
Refer to PMP
0 GrafiitiNandalism
4 Street/City Issue
4 Street/City Issue
1 Street/City Issue
4 Graffiti/Vandalism
0 Graffiti/Vandalism
0 Graffiti/Vandalism
6 Street/City Issue
1 Park Issue
1 Street/City Issue
5 Street/City issue
0 Street/City issue
7 Street/Citylssue
Refer to PMP
1 OraffitiNandalism
1 GratfitiNandalism
0 Park Issue
0 Street/Citylssue
1 Street/City Issue
1 Street/City Issue
0 Homeless Issue
1 Street/CltyIssue
0 Homeless Issue
Homeless Issue
1 Street/CltyIssue
0 Street/City Issue
Refer to PM P
2 Street/City Issue
3 Park Issue
3 Homeless Issue
4 StreetlCitylssue
11 Street/City Issue
Pethale
Pothole
Weeds/overgrowth
Pothole
Weetlsf0vergrowth
Other
Illegal Dumping
Other
Other
Pothole
Other
Restroom/Faclllty
Illegal pumping
Sidewalk
Pothole
Pothole
Other
Pothole
Other
Sign
Pothole
Illegal pumping
Other
Other
Illegal Dumping
Pothole
Sprinkter
Other
Pothole
Weed s/Overgrowth
Pothole
Restroom/Facility
Pothole
Pothole
Pothole
Other
Weeds/overgrowth
Pothole
Pothole
Sprinkler
Weeds/overgrowth
Pothole
06/24/2024 City Council Agenda
28 2067317 resolved Public IOS 45422.35 45425
2067305 resolved Public 106 45422.34722 45425
2066915 resolved Private 108 45421.89653 45425
2066888 resolved Public Android 45421.86111 45425
2066887 resolved Public Android 45421.86111 45428
2066882 resolved Public Android 45421.85486 45425
2066437 resolved Public In -person 45421.63403 45426
2465868 resolved Private i05 45421.47222 45427
2065830 resolved Public Android 45421.4625 45426
2064929 canceled Public WEB RAI 45421.32014 45427
2064750 resolved Public 105 45421.24931 45426
2064525 referred Public 105 45420.82708
2064482 resolved Public IOS 45420.79514 45425
2064012 resolved Public IOS 45420.59097 45426
2063611 resolved Private 105 45420.47639 45420
2063609 resolved Private iOS 45420.475 45420
2063398 resolved Private iO3 45420.42639 45420
2063260 resolved Public Phone Answered 45420.36889 45420 2063095 resolved Public Android 45420.34722 45426
2062687 resolved Private iOS 45419.925 45420
2062588 resolved Public 103 45419.77748 45440
2062541 resolved Public Android 45419.73681 45429
206253E resolved Public Android 45419.73611 45429
2062372 new Public i05 45419.64861
2062291 resolved Public 105 45419.61806 45425
2062279 referred Private i05 45419.61458
2062107 resolved Public Android 45419.54931 45427
2062073 referred Public i05 45419.52986
2062062 canceled Private 105 45419.52639 45419
2062034 canceled Private 105 45419.51597 45419
2062021 resolved Public Android 45419.51042 45426
2061961 resolved Public EIS 45419.48681 45419
2061802 resolved Public iOS 45419.43611 45419
2061438 referred Public WEB RAI 45419.31181
2061411 resolved Private IDS 45419.3 45419
20601309 resolved Public Android 45416.58819 45419
2060688 resolved Private 105 45418.54097 45418
2060596 resolved Public Phone Answered 45418.49722 45419 2060400 resolved Private iOS 45418.43472 45418
2060024 resolved Private 105 45418,31597 45418
2060015 resolved Public Android 46419.31111 45418
2059961 resolved Private i05 45418-29444 454J.$
2059549 resolved Public 105 45417.64028 45418
2059546 resolved Private IDS 45417.63889 45418
2059522 referred Public Android 45417.60833
2059231 new Public 105 45417.35278
2059062 resolved Public 105 45416.8 45418
2058946 resolved Public 105 45416.65139 45418
2058703 resolved Public 105 45416.44514 45425
2058412 resolved Public 105 45415.87778 45418
2058194 referred Public Android 45415.70486
2057749 resolved Private Andrald 45415.52431 45415
2056711 resolved Public Android 45414.85486 45419
2056730 resolved public Android 45414,85486 45418
20566135 resolved Public 105 45414,82014 45418
2056651 resolved Public 105 45414.60139 45426
2056168 resolved Private 105 45414$1389 45414
2055148 referred Private i05 45414.39722
2054324 resolved Public 105 45413-85694 45433
2054126 resolved Public IOS 45413.70069 45433
2054063 resolved Private IDS 45413.67292 45414
2053471 resolved Public Phone Answered 45413.50139 45413 2053107 resolved Public In -person 45413.41528 45413
2052797 resolved Public iO3 45413.35208 45413
3 Street/Citylssue
3 Street/Citylssue
4 Homeless Issue
4 Street/City Issue
7 Street/City Issue
4 Street/City Issue
5 Street/City Issue
6 Park issue
5 Street/CltyIssue
6 Park lssue
5 Street/CltyIssue
Traffic Calming
5 Street/Citylssue
6 StreetlCitylssue
0 Homeless Issue
0 Homeless Issue
0 Street/Citylssue
0 Street/Citylssue
6 Street/City Issue
1 Traffic Calming
21 Graffiti/Vandalism
10 Park issue
10 Park Issue
Code Enforcement
6 Street/Citylssue
Street/City issue
8 Street/Citylssue
Traffic Calming
0 GraffitiNandalism
0 Homeless Issue
7 Street/Cityissue
0 Street/City Issue
0 StreetlCitylssue
Street/City Issue
0 Street/Citylssue
1 Trail Issue
0 Homeless Issue
1 Street/City Issue
0 Street/City Issue
0 Homeless Issue
0 Street/City Issue
0 Street/City Issue
1 Graffiti/Vandalism
1 GratfitiNandalism
Traffic Calming
Park Issue
2 Street/City Issue
2 Traffic Calming
9 Street/City Issue
3 Street/City Issue
Traffic Calming
0 Homeless Issue
5 Street/City issue
4 Street/Citylssue
4 Street/Citylssue
12 Park !ague
0 Street/City lksue
Homeless Issue
20 Street/City Issue
20 Street/01ty Issue
1 Street/City Issue
0 Sireet/CltyIssue
0 Sireet/CltyIssue
0 Sireet/CltyIssue
Pothole
Pothole
Other
Other
Sign
Weeds/Overgrowth
Other
Weeds/Overgrowth
Other
Weeds/Overgrowth
Pothole
Weeds/overgrowth
Pothole
Illegal Dumping
Pothole
Restroom/Facility
Equipment
Pothole
Sign
Other
Other
Pothole
Other
Other
Other
Illegal Dumping
Pothole
Pothole
Iltegal Dumping
Tree
Pothole
Pothole
Other
Other
Other
Pothole
Sprinkler
Other
Pothole
Other
Illegal Dumping
Sign
Pothole
Pothole
06/24/2024 City Council Agenda
29 Agenda Item No. 3

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Trevor Benson, Public Safety Manager
FOR: City Council Meeting of June 24, 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. 06/24/2024 City Council Agenda
30 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 July 08, 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 July 22, 2024.

Such declaration facilitates the City's response to combat perilous conditions by providing linriited 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: -��
06/24/2024 City Council Agenda
31 Agenda Item No. 4

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Trevor Benson, Public Safety Manager
FOR: City Council Meeting of June 24, 2024
SUBJECT: Extending the Existence of a Local Emergency Due to Tropical Storm Hilary
RECOMMENDATION:

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

TROPICAL STORM BACKGROUND/DISCUSSION:

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

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

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

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

As a direct result of the tropical storm, several areas within the City were impacted, requiring emergency work, for Oak Glen Road, Casa Blanca and Pendleton Road. Staff is tracking costs for the required emergency response work necessary to address these areas. In addition to the emergency work performed to close, cleanup and reopen City facilities/roadways, additional emergency work was required to address approximately 100,000 cubic yards of mud, silt and debris that impacted areas within the Wilson III Basin/Channel area. In addition, the Oak Glen 06/24/2024 City Council Agenda
32 Creek Basin system sustained approximately 50,000 cubic yards of mud, silt, and debris, that, in conjunction with San Bernardino County Flood Control District was removed.

Pursuant to Yucaipa Municipal Code Section 8,36.160, the City Council shall review, at least every fourteen (14) days, unless waived by the City Council to meet State requirements, until such local emergency is terminated, the need for continuing the local emergency.

The City Council approved to cancel the July 08, 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 July 22, 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: —
06/24/2024 City Council Agenda
33 Agenda Item No. 5

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: f j41Chris Mann, City Manager/Treasurer
Phil White, Director of Finance
FOR: City Council Meeting of June 24, 2024
SUBJECT: Monthly Treasurer's Report May 2024
RECOMMENDATION:

That the City Council receive and file the Monthly Treasurer's Report for May 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 06/24/2024 City Council Agenda
34 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 — May 2024

3. Treasurer Managed Portfolio Summary — May 2024

4. LAIF Quarterly Interest Statement — May 2024

5. Wells Fargo Operating Account — May 2024

6. Investments with Fiscal Agent Summary
06/24/2024 City Council Agenda
35 ATTACHMENT 1
06/24/2024 City Council Agenda
36 CITY OF YUCAIPA
$80,000,000.00
$70,000,000.00
S60,000,000.0a
$50,000,000.00
$40,000,000.00
530,000,000.00
$20,000,000.00
510,000,000.00
NEM
*ammo FY21/22
•FY20/21
$56,693,466.33
553,961,855.83
535,493,808.69
$41,127,293.89
August
554,041,290.47
550,392,274.39
535,780,672.58
September
$57,025,711.22
550,837,482.74
$48,580,108.12
530,805,769.95
October
534,4685 66.70
$51,054,925.30
551,507,228.39
548,415,306.15
$30,339,435.62
Treasur Balances
z:

Nmlember
$53,369,537.77
$54,199,200.99
EIMMI
549,681,593.06
534,
1:
,028.21
$34,465,70657
December
558,561,840.87
561,051,540.05
555,529,795.96
540,716,535.04
541,532,702.16
January
$51,526,031.81
$59,178,7 0 6.71
550,527,245.32
February
555,293,880.64
502,152,232.00
$55,262,177.66
$49,877,812.09
539,311,920.77
March
$56,828,167.31
$54,428,075.59
$46,138,828.66
536,879,452.35
Ap
557,155,56310
$61,179,291.46
553,544,485.87
540,602,594.47
May
S63,607,103.39
570,080,867.17
559,785,932.01
lune
$63,750,570.98
NEVEM
ECM
S58,288,163.32
S38,543,574.41
06/24/2024 City Council Agenda
37 ATTACHMENT 2
06/24/2024 City Council Agenda
38 City of Yucaipa
Treasurer's Report - May 31, 2024
Attachment 2
Institution/InvestmentType
April 2024
Balance
May 2024
Balance
Funds Under Control of the City:

U.S. Bank Investment Account - Managed by Treasurer
Cash and Equivalents
$ 4,280,730.43
$ 7,142,163.53
U.S. Government Issues
30,762,633.72
27,932,059.52
Corporate Issues
3,112,678.94
3,422,053.38
Foreign Issues
240,286.20
241,329.90
Municipal Issues
185,934.00
186,990.00
$ 38,582,263.29
$ 38,924,596.33
Local Agency Investment Fund (LAIF)
$ 15,412,513.25
$ 17,412,513.25
City Checking Account (Wells Fargo)
$ 2,289,198.82
$ 6,395,019.60
Petty Cash / Change Drawers
$ 2,750.00
$ 2,750.00
Total Funds Under Control of the City
$ 56,286,725.36
$ 62,734,879.18
Funds with Fiscal Agents:

Bank of New York Mellon
CFD 98-1- Invesco Govt Agency Private 1903
$ 278,723.51
$ 279,851.33
CFD 98-1 - Cash
$ 12,068.98
$ 12,068.98
U,S. Bank
RDA 1998 TAB - Blackrock Instl Funds
$ 59.65
$ 59.90
RDA 1998 TAB - LAIF
$ 46,907.65
$ 46,907.65
RDA 2004 TAB - Blackrock Instl Funds
$ 159,962.72
$ 160,642.87
RDA 2010 TAB - Blackrock Instl Funds
$ 371,115.33
$ 372,693.27
Total Funds with Fiscal Agents
$ 868,837.84
$ 872,224.00
Grand Total
$ 57,155,563.20
$ 63,607,103.18

1. All investment actions executed since the last report have been made in full compliance with the Investment Policy; and

2. The City will meet its expenditure obligations for the next six months.

Treasurer: 277
Sign / Date
06/24/2024 City Council Agenda
39 ATTACHMENT 3
06/24/2024 City Council Agenda
40 00211901
65- -01-6 -82-158-01
0101-11-04304-01

CITY OF YUCAIPA - TREASURER MANAGED
embank.

ACCOUNT Period from May 1, 2024 to May 31, 2024
•ASSET

SUMMARY
ASSETS
0513112024

MARKET VALUE
% OF
MARKET
Cash And Equivalents
U.S. Government Issues
Corporate Issues
Foreign issues
Municipal Issues
7,142,163.53
27,932,059.52
3,422,053.38
241,329.90
186,990.00

18.28 71.50

8.76 0.62

0.48 Total Assets
Accrued Income
38,924,596.33 99.64
141,409.75 0.36
Grand Total
39,066,006.08 100.00
SOHOS 81.36%
CASH EQUIV &ACCR 18.64%
06/24/2024 City Council Agenda
41 ATTACHMENT 4
06/24/2024 City Council Agenda
42 6/17/24, 4:28 PM LAIF Regular Monthly Slalement
Date Date
5/17/2024 5/15/2024
5/30/2024 5/30/2024
Account Summary,
Total Deposit:

Total Withdrawal:

California State Treasurer
Fiona Ma, CPA a
Local Agency Investment Fund
P.C. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001

CITY OF YUCAIPA

TREASURER
34272 YUCAIPA BLVD.

YUCAIPA, CA 92399
Account Number:

May 2024 Statement
Effective Transaction Tran Confirm
Type Number

1.W 1753265
RD 1753697
June 17, 2024
LAIF Home
PM IA Average Monthly
Yields
Ttan Type Definitions
4 Web
Confirm
Number Authorized Caller Amount
1713692 PHILLIP WHITE -2,000,000.00
1714129 PHILLIP WHITE 4,000,000.00
4,000,000.00 Beginning Balance:
-2,000,000.00 Ending Balance:
15,412,513.25
17,412,513.25
hitps:lllaifrnadr/ 2024Clitr . r AtteMint.aspx
43 1/1

ATTACHMENT 5
06/24/2024 City Council Agenda
44 Analyzed Business Checking - PF
Account number: • May 1, 2024 - May 31, 2024 ■ Page 1 of 7

CITY OF YUCAIPA

GENERAL OPERATING ACCOUNT
34643 YALE DR
YUCAIPA CA 92399-6860
WELLS
FARGO
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: wellsfargo.com
Write: Wells Fargo Bank, N.A. (114)
P.O. Box 6995
Portland, OR 97228-6995
Account summary
Analyzed Business Checking - PF
Accountnumber Beginning balance
$2,289,198.82
Total credits
$1 1,349,028.32
'Total debits Ending balance
-$7,243,207.54 $6,395,019.60
Credits
Deposits
Effective Posted
date dote
Amount
Transaction detail
05/01
05/07
05/07
05/07
05/08
05/10
05/14
05/15
05/17
05/20
05/20
05/28 05/29
05/29
150.00 Deposit
150.00 Deposit
5,022.00 Deposit
7,433.00 Deposit
140.00 Deposit

10.00 Deposit
100.00 Deposit

20.00 Deposit
200.00 Deposit

10.00 Deposit
1,160.00 Deposit
212.10 Reversal of Check Posted 5-28-24 Reposted 5-29-24 580,00 Deposit
$15,187.10
Electronic deposits/bank credits
Effective
date
Posted
date
0541
05/01
05/01
05/02
05/02
05/02
c101C Wells Fargo Bank, H.A.

All rights reserved. Member FDIC.

Amount
757,19
2,071.00
7,902.26

11.83 239.95
6,495.20
Total deposits
Transaction detail
Stripe Transfer St-Z7U9E4J6W4Q9 City of Yucaipa
05/01 Deposit Capture Bank Card
Desktop Check Deposit
Paymentech Transfer 240502 TyIer0005037697 Eg Css CA Yucaipa Comm Stripe Transfer St-W4E5C4G2A9V8 City of Yucaipa
05/02 Deposit Capture Bank Card
01,0
Sheet Seq - 004B9b/24/2024 City Council Agenda
sheet 00001 of 00007
45 ATTACHMENT 6
06/24/2024 City Council Agenda
46 City of Yucaipa
Investment with Fiscal Agent Summary
FY 2024
5/31/2024
Bank of New York Mellon CFD 98-1
324812 Special Acct - Invesco Govt Agency Private 1903 $ 4,833.85 324813 Interest Acct - Invesco Govt Agency Private 1903 $ 96,995 39 703129 COI Acct - Cash $ 12,068.98
703130 Special Tax Acct - Invesco Govt Agency Private 1903 $ 880553 COI Acct - Invesco Govt Agency Private 1903 $ 23,050.59 880554 Reserve Acct - Invesco Govt Agency Private 1903 $ 14,737.73 880555 Admin Exp Acct - Invesco Govt Agency Private 1903 $ 140,233.77 Total $ 291,920.31
U.S. Bank
RDA 1998 TAB
6711616700 Project Acct - Blackrock Instl Funds $ 0.24
6711616701 Interest Acct - Blackrock lnstl Funds $ 15,71 6711616702 Principal Acct - Blackrock Instl Funds $ 31.15 6711616703 Sinking Acct - Blackrock Instl Funds $ 12.59 6711616704 Reserve Acct Blackrock Instl Funds $ 0.21
6711616704 Reserve Acct - LAIF $ 46,907,65
Total $ 46,967.55
RDA 2004 TAB
6711740700 Project Acct - Blackrock Instl Funds $ 0.12
6711740701 Interest Acct - Blackrock InstI Funds $ 14,621.34 6711740702 Principal Acct - Blackrock lnstl Funds $ 203.03 6711740703 Reserve Acct - Blackrock Instl Funds $ 145,818.38 Total $ 160,642.87
RDA 2010 TAB
6711740705 Reserve Acct - Blackrock Instl Funds $ 372,693.27 06/24/2024 City Council Agenda
47 Agenda Item No.
6 TO:

FROM:

FOR:

SUBJECT:

CITY OF YUCAIPA

AGENDA REPORT
Honorable Mayor and City Council
Fermin Preciado, Director of Development Services / City Engineer Phil White, Director of Finance
City Council Meeting of June 24, 2024
Resolution of Intention for the Levy of Annual Assessments for the City of Yucaipa Landscaping and Lighting Maintenance District No. 1
RECOMMENDATION:

That the City Council adopt Resolution No. 2024-33, a Resolution of the City Council of the City of Yucaipa, California, Declaring Its Intention to Order Confirmation of Annual Assessments for City of Yucaipa Landscaping and Lighting Maintenance District No. 1, Pursuant to Provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code, Section 22500 et seq,) to Levy and Collect Assessments for Fiscal Year 2024-2025; and Offering a Time and Place for Hearing Objections Thereto,
BACKGROUND/DISCUSSION:

To guarantee funds for the ongoing maintenance and servicing of specified improvements within the public right-of-way and dedicated easements in new developments in the City of Yucaipa, the City Council formed the City ofYucaipa Landscaping and Lighting Maintenance District No. I (District). The improvements that may be maintained by the District utilizing the direct benefit assessments include:
> Landscaping within public rights -of -way, parkways and designated easements; > Public lighting facilities to provide street lighting in public rights -of -way and easements; A Drainage Facilities;
➢ Other infrastructure in public rights -of --way and designated easements that provide special benefits for homeowners within the District.

Since the formation of the District, all tracts and parcel maps that create drainage facilities, streetlights, landscaped maintenance areas, and/or other infrastructure have been required to annex to this District as separate zones.
06/24/2024 City Council Agenda
48 There are currently 58 zones located within the District (Exhibit A). Of the 58 zones, 55 are active or currently under development, and three are inactive, or have not completed the annexation process. Assessments are levied upon all the properties in the active zones on an annual basis to fund the costs incurred within each zone. In 2015, Zones CCC and DDD became the first zones annexed that are not the direct result of newly constructed developments. These zones in the vicinity of the Uptown Historic District utilized a CDBO grant for the installation of LED streetlights. The ongoing maintenance and operation costs of the streetlights are to be borne by property owners Located within these zones as agreed to and voted on by those property owners.

District assessments are renewed annually. During the renewal process, City Council reviews the proposed costs for each zone, and the reserves available for the ensuing fiscal year, and will consider those accumulated reserves in setting the actual annual assessment. The maximum assessment amount has been determined for each zone based upon the adoption of the original Engineer's Report for each zone. The maximum annual assessment may be reduced by the amount applied from surplus reserves by way of a credit, as determined by the City Council, subject to the LLMD Funding Policy.

Calculation of Annual Increases
For zones annexed prior to the passage of Proposition No. 218, no CPI factor may be applied. This includes Zones C96, D96 and E96. For zones to be assessed for the first time, no CPI factor will be applied to the amounts included in the original Engineer's Report.

For Zone B95 and Zones S00 through EEE, the original Engineer's Report allowed the annual assessments to be increased by the amount of the change in the CPI or 5%, whichever is greater.

Remaining consistent with the LLMD Funding Policy, which states the annual assessment shall always be calculated at the maximum amount allowed pursuant to the original Engineer's Report for each zone, the amount of 5% has been applied to these zones.

For other zones, the maximum assessment amount may be increased annually by the change in the Consumer Price Index (CPI) for the Riverside -San Bernardino -Ontario CBSA. The 12 month change in the CPI as of March 2024 was 4.3% (Exhibit B).

All active zones are scheduled for assessment during Fiscal Year 2024-2025 (FY25). Exhibit C contains a table indicating the types of services rendered and the maximum amount that may be assessed for each zone. Council may modify the assessment prior to certifying it to the County of San Bernardino for inclusion on the FY25 property tax rolls as a special assessment. The payments for the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes for each parcel,
Attached to this agenda report is Resolution No. 2024-33 providing a notice of intention to order confirmation of annual assessments for the City of Yucaipa Landscaping and Lighting Maintenance District No. 1 and establishing a time and place for hearing objections to the assessment process. Adoption of Resolution No. 2024-33 will establish July 22, 2024 as the date for the public hearing.
06/24/2024 City Council Agenda
49 Several zones have developed a fund balance due to: 1) the original developer electing to continue maintaining the landscaping maintenance areas for "marketing purposes," or 2) the developer electing not to complete the installation of landscaping, lighting, drainage and/or other infrastructure facilities after the zone had been annexed by the District, or 3) the collection of initial assessments preceded the full allocation of costs.

Because ofthe surplus fund position in some ofthe zones, a LLMD Administrative Funding Policy was established in July of 2008 to outline procedures by which surplus funds, if any, are to be calculated and credited to property owners. Due to the limitations imposed as a result of Proposition 218 pursuant to the Funding Policy, surplus funds will be credited against the annual assessment in lieu of a refund.

There are many considerations to make when determining the appropriate amount of credit to be applied to the annual assessments. These considerations include, but may not be limited to: 1) an evaluation of the ongoing fiscal sustainability of a particular zone, 2) the appropriate level of funds as a reservation for capital replacement, 3) the desire to maintain rate stabilization and minimize significant rate fluctuations upon the elimination of surplus funds, and 4) the restrictions applied to financing districts pursuant to Proposition 218, The Administrative Funding Policy outlines the criteria to be applied when evaluating surplus accounts. Pursuant to the Administrative Funding Policy, credits have been calculated based upon the following criteria:

1. Estimated annual beginning fund balance shall be greater than two times the annual maximum assessment, with a minimum reserve threshold of $1,000.

2. The amount of surplus funds credited in any given year shall not exceed 25% of the annual maximum assessment, in order to promote rate stabilization.

3. Surplus funds will be credited to the property owners only if the estimated annual revenues are expected to exceed the annual estimated expenses in the ensuing fiscal year, regardless of the balance of reserves accumulated.

The Funding Policy has been applied for FY25 assessments and, as a result, the assessments for 25 zones will be offset by credits in the aggregate amount of $188,775. Credits will be applied as an offset to the maximum annual assessments for Zones A95, B95, F97, .198,1<98, M98, P99, TO1, VOI, W01, X01, Y, BB, HH, II, NN, 00, PP, RR, WW, YY, ZZ, BBB, CCC, and DDD.

FISCAL IMPACT:

All of the assessments collected are deposited into a Special Revenue Fund designated specifically for recovering the costs of eligible expenses incurred within the zones of the District. The total amount to be collected for FY25, net of credits, is estimated to be $1,064,839.

Revenues and expenses used in this report to determine ending balances are estimates only. At the conclusion of the closing of the financial records for FY24, staff will return with a recommendation for covering financial deficits, by zone, if any. The FY25 budget also includes 06/24/2024 City Council Agenda
50 an amount equal to $5,000 to be used to offset costs related to extraordinary circumstances. The FY25 Proposed Budget reflects increases in assessments by zone as discussed above, There are no further fiscal impacts as a result of this item,
Attachment(s):

1. Resoiution No. 2024-33

2. Annual Engineer's Report

3. LLMD Zones Map

4. March 2024 Consumer Price Index
5, Zone Chart

6. Notice of Public Hearing
The Assessment Roll is available in digital format from the offices of the City Clerk and City Engineer upon request
1 Approved
06/24/2024 City Council Agenda
51 ATTACHMENT 1
06/24/2024 City Council Agenda
52 RESOLUTION NO. 2024-33

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

CALIFORNIA, DECLARING ITS INTENTION TO ORDER

CONFIRMATION OF ANNUAL ASSESSMENTS FOR CITY OF YUCAIPA
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1,

PURSUANT TO PROVISIONS OF THE LANDSCAPING AND LIGHTING
ACT OF 1972 (STREETS AND HIGHWAYS CODE, SECTION 22500 ET SEQ.) TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR
2024-2025; AND OFFERING A TIME AND PLACE FOR HEARING

OBJECTIONS THERETO

THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:

Section 1. That the public interest and convenience requires and it is the intention of the City Council of the City of Yucaipa, California, to order the following work to be done:
a. Maintenance, servicing and reimbursement for energy charges for Landscaping and Lighting associated with Zones A95, B95, C96, D96, E96, F97, G98, H98, 198, J98, K98, L98, M98, N98, 098, P99, Q99, R99, SOO, T01, UO1,V01,W01, X01,Y,Z, AA, BB, CC, DD, EE, FF, GO,HH,II, JJ,KK, LL, MM, NN, 00, PP, QQ, RR, SS, TT, VV, WW, YY, ZZ, BBB, CCC, DDD, EEE, and FFF of Landscaping and Lighting Maintenance District No. 1. b. Any and all work and materials appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof
Section 2. That foregoing work is to be located within the areas described in the Engineer's Reports for Zones A95, B95, C96, D96, E96, F97, 098, H98, 198, J98, K98, L98, M98, N98, 098, P99, Q99, R99, 500, TO1, U01, VO1, W01, X01, Y, Z, AA, BB, CC, DD, EE, FF, GO, IJH, II, JJ, ILK, LL, MM, NN, 00, PP, QQ, RR, SS, TT, VV, WW, YY, ZZ, BBB, CCC, DDD, EEE, and FFF.

Section 3.

That Engineer's Reports prepared at the time of annexation of the zones into Landscaping and Lighting Maintenance District No. 1 will be reviewed, adjusted and recommended for approval by the City Engineer. A copy of the Engineer's Report has been placed on file in the Office of the City Clerk of the City of Yucaipa.

Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work.

Section 4. That the assessment shall be collected at the time and in the same manner as County taxes are collected. The Engineer shall file a report annually with the City Council of the City of Yucaipa which will annually conduct a hearing upon said report at a regularly scheduled City Council meeting, at which time assessments for the next fiscal year will be determined.

Section 5. That the public hearing for Fiscal Year 2024-2025 assessments will be held on the 22nd day of July 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 06/24/2024 City Council Agenda
53 Section 6.
any objections to the work or extent of the assessment district may appear and show cause why said work should not be done or carried out and said assessment levied.

That all work herein proposed shall be done and carried out pursuant to an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California.

Section 7. The publication of notice of hearing shall be completed at least 10 days prior to the date of hearing.

PASSED, APPROVED, and ADOPTED this 24th day of June, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
06/24/2024 City Council Agenda
54 ATTACHMENT 2
06/24/2024 City Council Agenda
55 LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 1

ANNUAL ENGINEER'S REPORT
FISCAL YEAR 2024-2025
June 2024
Prepared by:

City of Yucaipa, 34272 Yucaipa Blvd., Yucaipa, CA 92399 06/24/2024 City Council Agenda
56 etre/ 4 Tiete404
Agency Directory
Mayor
elm& e ke
Mayor Pro Tem

9.aitael.

Council Member
Council Member
740/0
Council Member
eivra newt
City Manager
414 Seueeda.

City Clerk
vieeeft?Je
Director of Finance
Assistant City Manager
7etrotics pleciada
Director of Development Services/
City Engineer
Stalest 9.114kiat
City Attorney
06/24/2024 City Council Agenda
57 AGENCY: CITY OF YUUCAIPA
PROJECT: LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 TO: CITY COUNCIL

CITY OF YUCAIPA

STATE OF CALIFORNIA
REPORT PURSUANT TO "LANDSCAPING AND LIGHTING ACT OF 1972" Pursuant to direction from the City Council, submitted herewith is the "Report" consisting of the following parts, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972," commencing with Section 22500, pursuant to Proposition 218, and in accordance with the Resolution of Intention, being Resolution No. 2024-33, adopted by the Council of the City of Yucaipa. This "Report" is applicable for the ensuing 12-month period, being the fiscal year commencing July 1, 2024 to June 30, 2025.

SECTION 1
PLANS AND SPECIFICATIONS of the improvements to be maintained and/or improved for the fiscal year. The plans and specifications show and describe the existing improvements, and are sufficient on showing and describing the general nature, location and extent of the improvements.

SECTION 2 AN ESTIMATE OF THE COSTS of the improvements to be maintained and/or improved for the mentioned fiscal year.

SECTION 3 AN ASSESSMENT ROLL showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the exterior boundaries as shown on the below - referenced Diagram.

SECTION 4 A DIAGRAM OF MAINTENANCE DISTRICT. Said Diagram shows the exterior boundaries of the District and the boundaries of zones within the District. Reference is made to the County Assessor's Maps for a detailed description of the lines and dimensions of any lot or parcel.

All lots and parcels of land known as public property, if found not to benefit pursuant to Proposition 218, and as defined under Section 22663 of said "Landscaping and Lighting Act of 1972", have been omitted and are exempt from any assessment under these proceedings. 06/24/2024 City Council Agenda
58 The undersigned respectfully submits the enclosed report as directed by the City Council, Executed this 24`h day of June, 2024.

FERMIN PRECIADO

DIRECTOR OF DEVELOPMENT SERVICES/

CITY ENGINEER

CITY OF YUCAIPA

STATE OF CALIFORNIA
A draft copy of the Assessment Roll and Engineer's "Report" were filed in the Office of the City Clerk on the 24th day of June, 2024.

ANA SAUSEDA

CITY CLERK

CITY OF YUCAIPA

STATE OF CALIFORNIA
Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's „Report" were made on the 24th day of June, 2024 by adoption of Resolution No. 2024-33 by the City Council.

JENNIFER CRAWFORD

ASSISTANT CITY MANAGER

CITY OF YUCAIPA

STATE OF CALIFORNIA
06/24/2024 City Council Agenda
59 INTRODUCTION
To guarantee a flow of funds for the ongoing maintenance and servicing of specified improvements within the public right-of-way and dedicated easements in the City of Yucaipa, the City Council formed the now existing City of Yucaipa Landscaping and Lighting Maintenance District No. 1 in 1995. Improvements which may be maintained by the District utilizing the direct and special benefit assessments include:
▪ Landscaping within public rights -of -way, parkways and designated easements; ■ Public lighting facilities to provide street lighting and traffic signals in public right-of-way and easements;
■ Maintenance of certain drainage and storm water treatment facilities.

Since the formation of Landscaping and Lighting Maintenance District No. 1, all tracts and parcel maps which create new street intersections have been required to annex to this district as separate zones.

The method of assessment approved at the time of formation of the District may be amended from time to time if deemed appropriate.

The construction, maintenance and operation of facilities within the District's Boundaries will be consistent with the Landscaping and Lighting Act of 1972, and will be administered pursuant to the City of Yucaipa ordinances and regulations.

Payment for the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes for each property.

The proceedings will be conducted under Landscaping and Lighting Act of 1972, Part 2, Division 15, Sections 22500 through 22679, of the Streets and Highways Code of the State of California.

Annually thereafter, the City Council will review the current and projected year's cost for the servicing, maintenance, repair, and replacement of the District facilities and set the assessment for the ensuing fiscal year, which runs between July 1 and June 30, annually. In setting the annual assessment, City Council, in accordance with Proposition 218 requirements and Engineer's Reports for previously annexed zones into the City's LLMD, may increase the annual assessment by the annual change in the CPI for the Riverside -San Bernardino -Ontario Area. The change in the CPI as of March 2024 is 4.3%. As a result, a 4.3% factor will be applied to Zone A95 and Zones F97 through R99. Zones C96 through E96 do not have escalator clauses and, therefore, are not subject to an annual adjustment. Zone B95 and Zones SOO through FFF are subject to an increase equal to the amount of the change in CPI (4.3%) or 5%, whichever is greater. As a result, a 5% adjustment has been applied to Zones B95 and SOO through FFF. Funds from these assessments must be placed in a special fund and cannot be used for any other purposes. 06/24/2024 City Council Agenda
60 SECTION 1

PLANS AND SPECIFICATIONS
MAINTENANCE DISTRICT NO. 1

CITY OF YUCAIPA
Generally, the work to be performed consists of the annual maintenance of improvements which have been or will be constructed by developers as a condition of the subdivision of land within the City of Yucaipa, and those which may subsequently he constructed, will be operated, serviced and maintained as generally described as follows:

The improvements are the construction, operations, maintenance and servicing of landscaping, lighting and appurtenant facilities including but not limited to personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services and are described as follows:

Landscaping
Planting, irrigation systems, entry monuments, open space, fuel modification zones, hardscapes, and appurtenant facilities including but not limited to parkways and designated easements, within the boundary of said Maintenance District.

Liehting
Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide street lighting in public right-of-way and easements within the boundary of said Maintenance District.

Reference is made to the Plans and Specifications for the maintenance of said improvements, which are on file in the City of Yucaipa Public Works Department.

Drainage
Drainage structures, catch basins, retention/detention basins, drain inlets, drain outlets, drywells, drain filters, storm water filtering devices for the Water Quality Management Plan and drain pipes. 06/24/2024 City Council Agenda
61 SECTION 2

ESTIMATE OF COST
MAINTENANCE DISTRICT NO. 1

CITY OF YUCAIPA
The 1972 Act provides that the total cost of maintenance and servicing of the public landscaping, park facilities and street lighting can be recovered by the District, 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, and the maintenance of all improvements, which are to be included in the District and have not yet been completed and are being constructed by the developer of the property, will be the responsibility of the developer until accepted by the City of Yucaipa. Furthermore, all improvements will be covered by a one (1) year warranty by the developer as part of the subdivision agreement.

Estimates of yearly maintenance costs for FY 2024-2025 are shown on Table 1.

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.

In setting the annual assessment, City Council, in accordance with Proposition 218 requirements and Engineer's Reports for previously annexed zones into the City's LLMD, may increase the annual assessment by the change in the annual CPI for the Riverside -San Bernardino -Ontario Area.

The change in the CPI as of March 2024 is 4.3%. As a result, a 4.3% factor will be applied to Zone A95 and Zones F97 through R99. Zones C96 through E96 do not have escalator clauses and, therefore, are not subject to an annual adjustment. Zone B95 and Zones SOO through FFF are subject to an increase equal to the amount of the change in CPI (4.3%) or 5%, whichever is greater.

As a result, a 5% adjustment has been applied to Zones B95 and SOO through FFF. Funds from these assessments must be placed in a special fund and cannot be used for any other purposes. 06/24/2024 City Council Agenda
62 SECTION 3

ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. 1

CITY OF YUCAIPA
The proposed assessment and the amount of assessment for Fiscal Year 2024-2025 apportioned to each lot or parcel, as shown on the latest roll at the Assessor's office, are contained on the Assessment Roll prepared by the City of Yucaipa and on file in the office of the City Clerk of the City of Yucaipa.

The description of each lot or parcel is part of the records of the Assessor of the County of San Bernardino and these records are, by reference, made part of this Report.

A. General
Part 2 Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include maintenance and operation of street lights, traffic siRnals, landscaping and drainage facilities.

The 1972 Act requires that maintenance assessment be levied according to benefit rather than according to assessed value. Section 22573 provides that:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in areas will receive different degrees of benefit from the improvement" (Sec. 22547). Thus, the 1972 Act requires the levy ofa true "assessment" rather than a "special tax."
Exempted from the assessment would be the areas of all public street, public avenues, public lanes, public roads, public drives, public courts, public alleys, all easements and rights -of -way, all public parks, churches, cemeteries, greenbelts and parkways and all public school property, other public property, designated open space, and public utilities, unless determined to benefit pursuant to Proposition 218.

Also, Section 22509 provides that the act shall be liberally construed to effectuate its purpose. Therefore, any reasonable public hearing is conclusive. 06/24/2024 City Council Agenda
63 B. Parcel Classification
Since the assessment will be levied on the owners of properties as shown on the tax rolls, the final charges must be assigned by Assessor's Parcel Number. If assessments were to be spread just by parcel, not considering land use or parcel size, this would not be equitable, because a single family parcel would be paying the same as a 50 unit apartment parcel or a large commercial establishment in a similar zone.

Therefore, the single-family parcel has been selected as the basic unit for calculation of assessments and is defined as one Equivalent Dwelling Unit (EDU), A methodology has been developed to calculate the EDU's for other residential land uses and for commercial/industrial parcels as described below.

Single Family Residential. The single family parcel has been selected as the basic unit for calculation of the benefit assessments. The basic unit shall be called an Equivalent Dwelling Unit (EDU), Parcels zoned for single family residential uses are assessed 1 EDU.

Multiple Residential. The EDU's for land zoned for multi -family uses are reduced by multiplying the dwelling units per parcel by a density factor of 0.8, this determination was made in accordance with statistical proportion of relative trip generation from various type of residential uses, in combination with potential population density per unit. Based on data from representative cities in Southern California, the multiple residential factor is deemed to be 80%; e.g., a parcel with a 100 unit apartment would be assessed at 80 EDU's.

Commercial and Industrial. Parcels zoned for commercial and industrial uses are assessed

4.356 EDU's/acre or any portion thereof with a minimum of 1 EDU. This allocation has been developed by dividing the standard residential lot size of 10,000 sq. ft. into 43,560 sq. ft. (1 acre).

Mobile Home. Parcels defined as residential but having no dwelling unit on them are assessed 2.178 EDU's/parcel. A parcel with 100 mobile home spaces would be assessed 50 EDU's.

Vacant Residential. Parcels defined as residential but having no dwelling units on them are assessed 2.178 EDU's/acre or any portion thereof with a minimum of 0.5 EDU. This allocation has been developed by dividing the standard residential lot size of 10,000 sq. ft. into 43,560 sq. ft. (1 acre) and dividing that by two (2). This is half the rate of a commercial/industrial parcel.

Vacant Commercial/Industrial. Parcels defined as commercial/industrial but having no commercial/industrial structures on that parcel are assessed half the allocated commercial rate with a minimum of 0.5 EDU.

Agricultural Land. Parcels of Land listed on the County Assessor's record in the Agricultural classification will be assessed at 0.2 EDU/acre or any portion thereof.

Exempt. Parcels of land defined in the County Assessor's records as being exempt will be exempt for the assessment. These parcels include but are not limited to areas of all public streets, public avenues, public lanes, public roads, public drives, public courts, public 06/24/2024 City Council Agenda
64 alleys, all easements and rights -of -way, all public parks, greenbelts and parkways, common areas, and other public property unless determined to benefit pursuant to Proposition 218.

C. Zone Classification
A system of zones, encompassing both street lighting and landscaping levels of service has been developed. (See Assessment Diagram,) These zones and subzones will provide means to designate the benefits received by the property owners from the improvements maintained by the District. The zones are as follows:

Zone A95 - Tract 13521 - This 90 parcel tract was developed during 2003-04.

Improvements include operation and maintenance of lighting, Iandscaping and appurtenances. A revised Engineer's Report was adopted and the tract is eligible for assessment. Assessments shall commence in the 2004/05 fiscal year.

Zone B95 - Tract 12222 - This 109 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping and appurtenances.

Zone C96 - Tract 15306 - Apartments converted to residences require improvements, which include operation and maintenance of lighting and appurtenances.

Zone D96 - Tract 14294-2 and Tract 14294 - These two tracts totaling 103 parcels require improvements, which include operation and maintenance of lighting, landscaping and appurtenances.

Zone E96 - Parcel Map 13851 - This 3 lot parcel map requires improvements, which include operation and maintenance of lighting and appurtenances.

Zone F97 - Tract 15661 and Tract 15661-1 - These two tracts totaling 34 parcels require improvements, which include operation and maintenance of lighting, landscaping and appurtenances.

Zone G98 - Tract 15182 - This 16 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.

Zone H98 - Tract 14852-1, 14852-2, and Assessor's Parcels 0322-291-03 and -36 - These tracts and Assessor's Parcels totaling 212 parcels require improvements, which include operation and maintenance of lighting, landscaping and appurtenances.

Zone 198 - Tract 14592 - This 11 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.

Zone J98 - Tract 14100 - This 7 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.

Zone K98 - Parcel Map 14693 - This parcel map contains 4 residential lots with a remainder parcel and requires improvements which include operation and maintenance of lighting, landscaping and appurtenances.
06/24/2024 City Council Agenda
65 Zone L98 - Tract 15765 - This 28 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances. One existing residence will not be assessed.

Zone M98 - Tract 14287 - This 6 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.

Zone N98 - Tract 15848 - This 67 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.

Zone 098 - Tracts 13799. 13799-1. 13799-2 and 13799-3 - These four tracts totaling 34 parcels, require improvements, which include operation and maintenance of lighting, landscaping and appurtenances.

Zone P99 - Tract 15468 - This 23 parcel tract requires improvements, which include operation and maintenance of lighting, fencing and appurtenances. Two existing residences will not be assessed.

Zone 099 - Tract 14502 - This 9 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances. One existing residence will not be assessed.

Zone R99 - Tract 15758 - This 18 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.

Zone S00 - Tract 13589 - This tract requires improvements which include operation and maintenance of lighting and appurtenances, maintenance of landscaping, irrigation and appurtenances, within the Landscape Maintenance District boundary adjacent to Wildwood Canyon Road and maintenance of the landscaping within the Landscape Maintenance District boundary at the rear of lots 7 thru 14, inclusive, and 23 thru 34, inclusive, for fuel modification within Tract 13589.

Zone T01 - Tract 15 548 - This 62 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping and appurtenances.

Zone U01 - Tract 10130-1 - This 15 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping and appurtenances, within the Landscape Maintenance District boundary adjacent to Douglas Street.

Zone V01 - Tract 16088 - This 47 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping and appurtenances.

Zone WO1 - Tract 15967-1 & 15967-2 - This 33 parcel tract requires improvements which include operation and maintenance of lighting, landscaping and appurtenances.

Zone X01 - Tract 16031 - This 71 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone Y - Tract 16060 - This 20 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances. 06/24/2024 City Council Agenda
66 Zone Z - Tract 15854 - This 14 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone AA - Tract 15933 - This 8 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone BB - Tract 16538 - This 18 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone CC - Tract 16152 — This 15 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone DD - Tract 16293 - This 16 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.

Zone EE - Tract 14429 - This 57 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation, entry gates and appurtenances.

Zone FF - Tract 16453 - This 27 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone GG - Tract 14625 - This 71 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone HH - Tract 16355 - This 10 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone II - Tract 16531 - This 16 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone JJ - Tract 16405 - This 10 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone KK - Tract 16030 - This 33 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone LL - Tract 16783 - This 16 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.

Zone MM - Tract 16268 - This 22 parcel tract requires improvements, which include operation and maintenance of landscaping, lighting, drainage system and appurtenances.

Zone NN - Tract 16801 - This 6 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone 00 - Tract 16802 - This 5 parcel tract requires improvements, which include operation and maintenance of lighting.

Zone PP - Tract 16694 - This 16 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances, 06/24/2024 City Council Agenda
67 Zone 00 - Tract 16055 - This 14 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone RR - Tract 16633 - This 6 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone SS - Tract 19901 - This 22 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone TT - Tract 17056 - This 7 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone VV - Tract 16555 - This 5 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.

Zone WW - Tract 17145 - This 8 parcel tract requires improvements, which include operation and maintenance of drainage facilities, lighting, landscaping, irrigation and appurtenances.

Zone YY Tract 17901 - This 4 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.

Zone ZZ - Tract 15195 - This 16 parcel tract requires improvements, which include operation and maintenance of storm drains, lighting, landscaping, irrigation and appurtenances.

Zone BBB - Tract 14806 - This 8 parcel tract requires improvements, which include operation and maintenance of storm drains, lighting, landscaping, irrigation and appurtenances.

Zone CCC - This 17 parcel neighborhood requires improvements, which include operation and maintenance of lighting and appurtenances.

Zone DDD - This 101 parcel neighborhood requires improvements, which include operation and maintenance of lighting and appurtenances.

Zone EEE — Tract 20130 - This 144 parcel tract requires improvements, which include operation and maintenance of storm drains, lighting, Iandscaping, irrigation, park areas and appurtenances.

Zone FFF — Tract 17349 - This 22 parcel tract requires improvements, which include operation and maintenance of storm drains, lighting, landscaping, irrigation and appurtenances.

I). Categories of Benefit

1. Landscaping
Maintenance of the landscaping installed within the boundaries of the District, including parkway and open space within the public right-of-way or dedicated 06/24/2024 City Council Agenda
68 easements, and drainage facilities, the proportional share of the cost should be spread to parcels within the zone.

2. Local Lighting
Local lighting installed on public streets within the zone benefit all properties within the District and a proportional share of the cost of local lighting should be spread to all parcels within the district.

3. Maintenance District Incidentals
Maintenance District incidentals include administrative and legal work, assessment engineering for servicing and administering the District and the formation of the District, and should be spread to all parcels within the District. 06/24/2024 City Council Agenda
69 SECTION 4

DIAGRAM
MAINTENANCE DISTRICT NO. 1

CITY OF YUCAIPA
A DIAGRAM of the Maintenance District. Said Diagram shows the exterior boundaries of the District and the boundaries of zones within the District. Reference is made to the County Assessor's Map for a detailed description of the lines and dimensions of any lot or parcel. The lines and dimensions of each lot shall conform to those shown on the County Assessor's Maps for the fiscal year to which the "Report" applies.
06/24/2024 City Council Agenda
70 ATTACHMENT 3
06/24/2024 City Council Agenda
71 City of Yucaipa

LANDSCAPE AND LIGHTING

MAINTENANCE DISTRICT
N.T.S.
r -
ZONE "YY"
ZONE "B"
NEM
\ZONE "F"
ZONE "EE"
ZONE "M"
ZONE "JJ"
ZONE "FFF"
ZONE 'AAA"
ZONE "0"
ZONE "TT"
ZONE "EEE"
ZONE "X"
ZONE "1"
ZONE "WW"
ZONE "HH"
ZONE "D"
s
ZONE "R"
ZONE "GG"

IEMIUND
06/24/2024 City Council Agenda
ZONE "L"
ZONE "PP"
ZONE "G"
ZONE "E",
ZONE "Y"
ZONE "K"
LEGEND
GREEN = LANDSCAPE MAINTENANCE AREAS
ORANGE = LIGHTING MAINTENANCE ONLY
BLUE = FUTURE MAINTENANCE AREA
RED =' NOT ANNEXED
11 ZONE "J"
ZONE "11"
ZONE "W"
ZONE "Q"
ZONE "Z"
ZONE "QQ"-
�~Z0NE "AA"
ZONE "W"
ZONE "SS"
ZONE "U" I I
ZONE "DD"
I ZONE "MM"
ZONE "BBB" _
ZONE "T"
ZONE "A"
r
ZONE "C" s
ZONE "RR"
ZONE "00"
ZONE "NN"
ZONE "V"
ZONE "N"
ZONE "ZZ"

LLMD ZONES
ZONE A' (TRACT No. 13521)
ZONE'S' (TRACT No. 12222)
ZONE 'C' (TRACT No. 15306)
ZONED' (TRACTNo 14254/14294-1)
ZONE'E" (TRACT No. 13851)
ZONE' " (TRACT No. 15661/15661-1)
ZONE 'G' (TRACT No. 15182)
ZONE 'M (TRACT No. 14852)
ZONE "1' (TRACT No. 14592)
ZONE'J' (TRACT No. 14100)
ZONE'K" (PM 14693)
ZONE 1' (TRACT No. 15765)
ZONE AC (TRACT No. 14287)
ZONE "N' (TRACT No. 15848)
ZONE'O' (TRACT No. 13799/13799 1-3)
ZONE P' (TRACT No. 15468)
ZONE 'Cr (TRACT No. 14502)
ZONE 'X (TRACT No. 15758)
ZONE '6' (TRACT No. 13589)
ZONE T (TRACT No. 15548)
ZONE "U' (TRACT No. 10130-1)
ZONE 'V' (TRACT No. 16088)
ZONE'W' (TRACT No. 15967/159671-2)
ZONE �C' (TRACT No. 16031)
ZONE 'Y' (TRACT No. 16060)
ZONE Z" (TRACT No. 15854)
ZONE AA' (TRACT No. 15933)
ZONE "BB' (TRACT No. 16538)
ZONE "CC' (TRACT No. 18152)
ZONE' OD' (TRACT No. 16293)
ZONE 'EE (TRACT No. 14429)
ZONE "FP (TRACT No. 16453)
ZONE "GG' (TRACT No. 14625)
ZONE"HFr (TRACT No. 16355)
ZONE 11' (TRACT No. 16531)
ZONE JJ' (TRACT No. 16405)
ZONE 'KM (TRACT No. 16030)
ZONE LL' (TRACT No. 16783)
ZONE'MM" (TRACT No. 16268)
ZONE 'NW (TRACT No. 16801)
ZONE '00' (TRACT No. 16802)
ZONE PP' (TRACT No. 16694)
ZONE'QQ' (TRACT No. 16055)
ZONE "RR' (TRACT No. 16633)
ZONE "SS" (TRACT No. 19901)
ZONE "Tr (TRACT No. 17056)
ZONE "Ulf " (TRACT No. 15160)
ZONE "V V' (TRACT No. 16555)
ZONE "WV (TRACT No. 17145)
ZONE )O( * (TRACT No. 14297)
ZONE "YY" (PM 17901)
ZONE ZP (TRACT No. 15195)
ZONE AAA" (TRACT No. 20234)
ZONE "BBB' (TRACT No. 14806)
ZONE'CCC" CDBG

ZONE 'DOD' CDBG
ZONE "EEE' (TRACT No. 20130)
ZONE 'FEF' (TRACT No. 17349)
J
ZONE "H"
ZONE "S"
UPDATED: 67424

ATTACHMENT 4
06/24/2024 City Council Agenda
73 CONSUMER PRICE INDEXES PACIFIC CITIES AND U. 5. CITY AVERAGE March 2024
(All items indexes. 1982-84=100 unless otherwise noted. Not seasonally adjusted.) All Urban Consumers (CPI-U)
Urban Wage Earners and Clerical Workers (CPI-W)
Percent Change
Percent Change
Indexes
Year
1 Month
Indexes
Year
1 Month

MONTHLY DATA
ending
ending
ending
ending
Mar
' Feb
Mar
Feb
Mar
Mar
Mar
Feb
Mar
Feb
Mar
Mar
2023
2024
2024
2024
2024
2024
2023
2024
2024
2024
2024
2024
U. S. City Average
301.836
310.326
312.332

3.2 3.5

0.6 296.021
304.284
306.502
7 N. 7 77 i17 d' 0
co r] co. r7 N Cri C'7

3.5 0,7
West
320.715
329.339
332.202

3.2 3.6

0.9 312.556
320.965
324.323

3.8 1.0
West - Size Class Al
329.536
339.135
341.299

3.2 3.6

0.6 318.259
327.424
329.897

3.7 0.8
West - Size Class B/C2
187.301
191.874
194.047

3.2 3.6

1.1 188.621
193.309
195.880

3.8 1.3
Mountain3
127.950
130.059
131.176

2.5 2.5

0.9 129.321
131.423
132.864

2.7 1.1
Pacifica
123.395
127.230
128.341

3.5 4.0

0.9 124.189
128.000
129.315

4.1 1.0
Los Angeles -Long Beach -Anaheim, CA
317.873
328.232
330.671

3.4 4.0

0.7 306.331
315.625
318.280

3.9 0.8
Percent Change
Percent Change

BI-MONTHLY DATA
Indexes
Year
2 Months
Indexes
Year
2 Months
(Published for odd months)
ending
ending
ending
ending
Mar
Jan
Mar
Jan
Mar
Mar
Mar
Jan
Mar
Jan
Mar
Mar
2023
2024
2024
2024
2024
2024
2023
2024
2024
2024
2024
2024
Riverside -San Bernardino -Ontario, CA3
127.707
131.358
133.144

2.9 4.3

1.4 128.027
131.840
134.144

3.1 4.8

1.7 San Diego -Carlsbad, CA
358.026
367.917
370.858

3.8 3.6

0.8 339.498
348.486
351.778

3.6 3.6

0.9 Urban Hawaii
322.608
333.172
338.060

3.9 4.8

1.5 321.671
332.335
337.685

3.8 5.0

1.6 Percent Change
Percent Change

BI-MONTHLY DATA
Indexes
Year
2 Months
Indexes
Year
2 Months
(Published for even months)
ending
ending
ending
ending
Feb
Dec
Feb
Dec
Feb
Feb
Feb
Dec
Feb
Dec
Feb
Feb
2023
2023
2024
2023
2024
2024
2023
2023
2024
2023
2024
2024
Phoenix -Mesa -Scottsdale, AZ4
177.118
179.733
181.010

2.7 2.2

0.7 177.059
179.593
180.826

2.7 2.1

0.7 San Francisco -Oakland -Hayward, CA
337.173
339.915
345.151

2.6 2.4

1.5 331.875
335.597
341.595

2.8 2.9

1.8 Seattle -Tacoma -Bellevue, WA
334.987
344.982
349.288

4.4 4.3

1.2 328.615
338.852
342.387

4.3 4.2

1.0 Urban Alaska............. ...... ......................_ 256.856
261.178
261.340

1.8 1.7

0.1 254.887
258.598
259.326

1.4 1.7

0.3 1 Population over 2,500,000
2 Population 2,500,000 and under, Dec 1996 = 100
3 Dec 2017=100
4 Dec2001=100
NOTE: In January 2018, BLS introduced a new geographic area sample for the Consumer Price Index (CPI): www.bls.govlregions/westlfactsheetl2018cpirevisionwest.pdf 1967=100 base year indexes and tables with semiannual and annual average data are available at: www.bls.govlregionslwestlfactsheeticonsumer-price-index-data-tabies.htn Release date April 10, 2024. The next release date is scheduled for May 15, 2024. For questions, please contact us at [email protected] or (415) 625-2270. 06/24/2024 City Council Agenda
74 ATTACHMENT 5
06/24/2024 City Council Agenda
75 City of Yucaipa
Landscaping and Lighting Maintenance District
Zane Chart with Credits
FY 2024-2625
Zone
Tract
cn
'0
en
. c
0 .

R
•c
o
Total Annual
Zone Assessment
FY 2024-25
Number or
Equivalent
Dwelling
Units (EDUs)
Assessment
Per EDU
Estimated
Ending Balance
per Zone for FY
2023-24
Amount of
Credit per
Zone at FY
2023-24
Assessment
per EDU Less
Credit
A95
13521
X
X
-
356,579.40
90 628.66
306,068.42
14,144.85
471.50
B95
12222
X
X
-
6400,063.79
109
3,670.31
958,340.70
100,015.95
2,752.73
098
15306
X
-
-
$221.92
19 11.68
3,590.93
-

11.68 D96
142941-2
X
X
-
$11,284.68
103
109.56
40,529.16
-
109.5$
E96
13851
X
-
-
$225,00
3 75.00
3,208.57
-

75.00 F97
158511-1
X
X
•
513.67412
34 402,18
39,734.26
3,415.53
301.64
G98
15182
X
-
-
$624.32
16 39.02
1,544.21
-

39.02 H96
148521-12
X
X
-
541.549.88
_ _212
195.99

73.867.59
-
195.99
198
14592
X
-
-
$415.47
11 37.77
817.85
-

37.77 J98
14100
X
-
-
$695.46
7 99.78
3,000.05
174.62

74.84 K98
14693
X
X
-
$1,929.15
5 385.83
21,662,05
482.29
289.37
L96
15765
X
-
-
$451,44
27 16.72
576.36
-

16.72 M98
14287
X
-
-
$207.90
8 3465
2,062.06

51.98 25.99
N98
15848
X
-
-
6982,89
67 14.87
1,338.46
-

14.67 098
137991-1.2,3
X
X
-
$11,619.16
34 341.74
23,729.35
-
341.74
P99
15468
X
-
-
$1,527.96
21 72,76
11,207.21
381.99

54.57 099
14502
X
-
-
6215,44
6 26.93
261.70
-
26,93
R99
15756
X
-
-
$452,52
18 25,14
1,032,29
-

25.14 500
13589
X
X
-
$49,753,41
79 629.79

35.540 87
-
629.79
TO1
15546
X
X
-
$60,552.30
62 97665
170,231.02
15,136.08
732.4E
U01
101301-1
X
X
•
$6,801.45
15 45343
12,537,28
-
453.43
V61
16068
X
X
-
$15,772.73
47 335.59
38,859.61
3,943,18
251.69
WO1
159671-1,2
X
X
-
534,230.57
33 1,037.29
204,942.15
8,557.64
777.97
X01
16031
X
X
X
650,324.09
71 708.79
158,499.24
12,581.02
531.59
Y
16060
X
X
X
33,543.40
20 177.17
13,833.10
885.85
132.86
Z
15554
X
X
-
$9,291.38
14 863.87

6.590,20
-
663.67
AA
15933
X
X
-
- 52,362,16
8 295.27
(669.22)
-
295,27
BB
15638
X
X
X
59,375.12
18 520.84
22,016.15
2,343.78
390.63
CC
16152
X
X
X
$8,414.85
15 560,99
16,232.95
•
560.99
DD
16293
X
6751,52
16 46.97

17.57 -
45,97
EE
14429
X
X
X
$71,772.12
57 1,259.15
-
1,259.16
FF
18453
X
X
X
$12,924.90
27 476.70
22,732.49
-
475,70
GG
14625
X
X
X
$129,212.90
71 1,819.90
250,623.05
1,819.90
I-11-1
16355
X
X
X
$20,691.90
10 2,089.19
70,818,80
5,172,98
1,551.89
11 16531
X
X
-
523,060.80
16 1,441.30
90,843.96
5,765.20
1,080.98
JJ
16405
X
X
X
58,822.20
10 882.22
15,663.90
-
882.22
KK
16030
X
X
-
64,238.85
33 128.45
689.84
-
126.45
LL_
16763
X
-
X
54,044.64
18 252.79
7,914.32
-
252.79
MM
16268
519,024.06
(329.72)
-
NN
16801
X
X
X
511,840.40
B
1,973.40
30,589.21
2,960.10
1,480.05
00 16802
X
-
-
5717.60
5 143.52
2,011.00
179,40
107.64
PP
16694
X
X
X
522,344.46
16 1,396.53
106.457.57
5,586.12
1,047.40
00 16055
X
X
X
521,469.77
14 7,533.56
(20,809.86)
-
1,533.56
RR
16633
X
X
53,691.78
6 615.30
15,040,72
922.98
461.47
SS
19901
X
X
X
$7 578.80
22 344,40
6,245.61
-
344.40
TT
17056
X
X
-
$12.430.95
7 1,775,85
14,965,34
-
1,775.85
UU"
-
-
W
16555
X
X
-
$8,579.40
5 1,315.88
12,689,61
-
1,315.88
WW
17145
X
X
X
55,740.95
5 1,148.19
25,752,40
1,435.24
861.14
XX"
253.50
-
YY
17901
X
-
$660.34
4 165.09
4,614.46
165.09
123,81
ZZ
15195
X
X
-
58,744,16
16 546.51
21,472.34
2,186.04
409,65
AAA"'
-
-
BBB
14606
X
X
X
56,102.80
8 762.85
30y285.12
1,525,70
572,14
CCC
NIA
X
5610.30
17 35.90
2,161.93
152.58
26,93
ODD
N/A
X
$2,415.92
101

23.92 5,645 59
603.98

17.94 EEE
20130
X
_ X
X
650,400.00
144
350.00
-
-
350.00
FFF
17349
X
X
X
$4,500.00
23 200.00
-
200.00
Total Maximum Assessment
Less: Credits
2024.2925 Net Assessments
51,253,614.50
188,775.11
$1,464,639.40
<15 Zones are not individual tracts, but contain multiple parcels annexed for LED lighting Improvements within the CMG target area. •' Zones have not been annexed into the District and assessments have not begun. 1827 $ 2,869,312.60 $188,775.11
T 1Financewssessments12024-2025 Assessment Processingl$P01 - LLMD\Zone Chart 2024-2025 With Refunds_Updated 06/24/2024 City Council Agenda
76 ATTACHMENT 6
06/24/2024 City Council Agenda
77 6J10/24 10.22 AM
Century Group Newspapers:

Fontana Herald News, Record Gazette,
Yucalpa/Calimesa News Mirror,
Redlands Community News
Phone:

Fax:
www.centurygroup.com

CITY OF YUCAIPA/LEGALS
ATTN: FINANCE DEPT
34272 YUCAIPA BLVD
YUCAIPA, CA 92399
(909)797-2489
Class Liner Ad #00201967 Summary:

Slug Line: LLMD 2024-2025
Net Cost $95.97
Prepaid Amount $0.00
Amount Due $95.97
Order Detail:
1Publication
3015 Yucaipa//Calimesa News Mirror
City at Yucaipa

NOTICE OF PUBLIC

HEARING
NOTICE I5 HEREBY
GIVEN that the City Council
of the City of Yucaipa will
hold a public hearing cn the
date and time indicated be-
low to receive and consider
the statements of all per-
sons who wish to be heard
relative to the subject listed
below.

Run Dates
6/14/24 - 6/14/24J
http,/J47,180,149,88:8090JAMPWe6/Temporaryltems/3120E9FD8FD2F0186EB6076SE93BE279/00000017,html Page 1 of 2 06/24/2024 City Council Agenda
78 6/10/24 10:22 AM
DAT E.[T IME : July 22, 2024
6:CC P.M.

LOCAT ION : Yucaipa City
Council Chambers, 34272
Yucaipa Boulevard, Yu-
caipa, CA

SUBJECT, TO LEVY AND

COLLECT ASSESSMENTS

FOR THE CITY OF YU-

CAIPA LANDSCAPING

AND LIGHTING MAINTE-
NANCE DISTRICT NO. 1

FOR FISCAL YEAR
2024-2025 WITHIN THE

AREAS DESCRIBED IN

THE ENGINEERS RE-
PORT FOR ZONES Aal,
B95, C96, D96, E96, F97,
G98, H98, 193, J98, KM,
L98, Cv198, N98, 098, P99,
099, R99, S00, TOI, U01,
Vol, W01, X01, Y, Z, AA,

BB, CO, DO, EE, FF, GG,

HH, II, JJ, KK, LL, MM, NN,
00, PP, 00, RR, SS,TT,
VV, WW, YY, 2Z, BBB,
CCC, DDD, EEE, and FFF.

Kim fvletzler
Deputy City Clerk/Deputy
Rent Administratu]Records
Technician
City Clerks Department
Publication: June 14, 2024;
Yucaipa News- Mirror
http://47.180.149.88:8090/AMPWeb/Ternporaryltems/3120E9FD8FD2FD186E860765E938E279/00000017,html Page 2 of 2 06/24/2024 City Council Agenda
79 Agenda Item No. 7
C1ITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Enginccr Landon Kern, Assistant City Engineer Lk
Katrina Kunkel, Associate Engineer VI —
FOR: City Council Meeting ofJune 24, 2024
SUBJECT: Award of Contracts — FY23/24 Pavement Rehabilitation Program and Patching Program — Project No, 11219, and FY23/24 Microsurface Program and Crack Seal Program — Project No. 11221
RECOMMENDATION:

That the City Council:
1) Authorize the City Manager to execute a contract, and the City Manager or his designee administer the terms of the contract to the lowest responsive bidder, Matich Corporation of Highland, CA, in the amount of $1,728,769 for the FY23/24 Pavement Rehabilitation Program and Patching Program — Project No. 11219; and 2) Approve the amounts of $170,000 for construction contract contingency and $50,000 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $1,948,769; and
3) Authorize the City Manager to execute a contract, and the City Manager or his designee administer the terms of the contract to the lowest responsive bidder, Pavement Coatings Company of Jurupa Valley, CA, in the amount of $209,771 for the FY23/24 Microsurface Program. and Crack Seal Program — Project No, 11221; and 4) Approve the amounts of $20,000 for construction contract contingency and $10,000 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $239,771; and
5) Approve a budgeted transfer from the Measure I Local Fund into the Street Maintenance Fund (PMP Fund) in the amount of$626,000; and 6) Authorize an increase to the FY23/24 Pavement Management Program (PMP) expenditure budget in the amount of $626,000; and
7) Authorize the City Manager or his designee to administer the distribution of the contract contingencies; and
06/24/2024 City Council Agenda
80 8) Approve the plans and specifications prepared for these two projects (11219 & 11221).

BACKGROLJND/DISCUSSION:

On March 13, 2023, City Council approved the FY23/24 Pavement Management Program (PMP).

Included as a part of the PMP is the FY23/24 Pavement Rehabilitation Program (Rehabilitation), FY23/24 Patching Program (Patching), FY23/24 Microsurface Program (Microsurface) and the FY3/24 Crack Seal Program (Crack Seal).

Rehabilitation includes grinding of existing asphalt and repaving with new asphalt. Microsurface includes application of a thin layer of an asphalt mixture that provides a new roadway surface over the entire street to seal and protect the asphalt structure.

Crack Seal and Patching processes must be completed first in preparation for the microsurfacing and rehabilitation.

The programs are being initiated in order to repair, repave and extend the service life of various asphalt streets as a part of the City's PMP and to meet one of the recently adopted City Council goals.

Staffpublicly advertised the FY23/24 Rehabilitation Program and Patching Program for construction bids and on June 11, 2024, four (4) bids were received from contractors as follows:

Contractor
Bid Amount
Matich Corporation
$1,728,769
Granite Construction Company
$1,996,000
All American Asphalt
$2,445,643
IE General Engineering Inc.
$3,426,574
On the basis of sealed competitive bids, received after publicly advertising the programs, Matich Corporation of Highland, CA, is the apparent lowest responsible bidder. Staff has reviewed the bid documents and determined that the documents meet the requirements of the contract specifications.

Matich Corporation has completed several similar projects for the City in the past and their work has been deemed satisfactory. Consequently, staff recommends the award of the contract to Matich Corporation in the amount of $1,728,769.

Staff publicly advertised the FY23/24 Microsurface Program and Crack Seal Program for construction bids and on June 11, 2024, four (4) bids were received from contractors as follows:

Contractor
Bid Amount
Pavement Coatings Co.
$209,771
American Asphalt South, Inc.
$216,048
Roy Allen Slurry Seal Inc.
$252,768
VSS International
$279,120
On the basis of sealed competitive bids, received after publicly advertising the programs, Pavement 06/24/2024 City Council Agenda
81 Coating Company ofJurupa Valley, CA, is the apparent lowest responsible bidder. Staff has reviewed the bid documents and determined that the documents meet the requirements of the construction contract specifications. Pavement Coatings Company has completed several similar projects for the City in the past and their work has been deemed satisfactory. Consequently, staff recommends the award of the contract to Pavement Coating Company in the amount of $209,771.

FISCAL IMPACT:

The fiscal impact of the recommendations is an additional $626,000 expenditure from restricted Measure 1 funding.

Attachments:

1. Bid Summaries

2. Contract Agreement

3. List of Streets
Approved by:
06/24/2024 City Council Agenda
82 ATTACHMENT 1
06/24/2024 City Council Agenda
83 2023/2024 Pavement Rehabilitation Program
And Patching Program Project No.
11219
6/11 /2a
Item
No.
1 My
1 �
unit
4s
IE General Engineering, In[. 24046
Clinton Keith Rd, 510001.379
Wlldomar, CA 92595
MatIth Corp
P.O. Boa 50
Highland, CA 42346
Granite COnitrlictien
3fi000
Indio,
Unit Price
$74,017.05
co.

Manroe51.

CA 12201
Extension
$71,017.135
All An
P.O.
[erona.

Unit Price
$100,000,00
oriran Asphalt
Bolt 729
CA 32670
Extension
$100,000.00
Item Description
Unit Price I
$150,00000
Extension
5150,000.00
UnSt PriestExtension
$a i440.55
$85,449.65
Mobilisation (Net to exceed 5% of contract)
_
2 Cold Mill Existing A.C. Pavement. Z" Depth, Complete
in Place.
116,9660e
SF
$0.75
546,789.50

50.4E
556,525.2E

50.50 559,393.00
00,46'
. 654,457,66'
3 4
S
6 7
0 9
Cold Neill Existing AC Pavement-4" Depth, Place 4"
A C. Pavement in Place
7,500.00
g0.40
32,549-00
78,624
6,813
322.13E
322,136
SF
CY
SF
SF
SF
5F
SF
$1.50
5120,00

53.90 53.50
$4.00
$5.25
$2.00
$12,250.00
39,50000
597.647.00
5275,284.00
527,2520n
51,691,224.30
$644,276.00
$0.50
$160.90
51,01
$1.54

51.97 52.39

50.05 $6,000.00
$13,440.00
532.074.49
5121,929.99
513,421,01

53.05 5310.00

51.25 $1.60
$2.29
$26,675.00
32000.00
540,686.25
$125,790A0
$14,966.60

59.40 5535.00
51A5
5240

53.40 576,500.00
$42,800.00
547,190.05.
$108.607.60
523,104.20
Remove 6" of subgrade. Furnish, place and compact
CAS
FOroish and Place 1 1/2" A.C. Pavement
Furnish and Place 2 112" A C. Pavement
Furnish and Place 3 1/2" A.C. Pavement
Furnish and Pito 4" A.C. Pavement
069,90512
$309,252A#
33AS
$0.65
$1,111,376.10
$203,364.70
53E15
$0,40
I
- $1.240,231.30
512e,555.20
Pulverize Existing Pavement to a max depth of g-9".

Crrade and compact
14 Remove and Dispose of 3.4" Pulverixcd Malaria] as
Required
32213g
5F
$100
5322,158.00

50.69 $222,275,22

50.55 $177,175.90

51.20 $306,565.60
11 13
Adjust Sewer Manhole Caren Lowey and Raise m
Finish Grade, Complete in Place.

Adjust Utility Valve Covers LOW and Raise to Finish
1r3de, Complete in Place.
36 50
EA
EA
$1,50000
5300,00
575,000a0
$15,000.00
$3,404 04
523000
$70,000,00
511,000.00
0,275.00
599500
$53,750.00
Se9,750A01
$1,700.00
$1,230.00
585,000.00
561,300.00
13 Thermoplastic Striping - 4" Double Yellow,
(CAMUTCO DIl 22) Complete in Place
5t
F
5215
56,167.50

51.54 53,465,00
$2.50
51625.00
$1.50
$3,375.00
14 Thermoplastic Striping - White Diagonal Crosshatch
M1rking. 25' Spacing
3,000
5F
51,00
$3,000.00

51.00 $5,400.00
$0,50

51.500.00

31.75 55.250.00
15 Thermoplastic Striping -4" Right Edge line
(CAMUTCD Di127B), Complete in Place
'Ion
350.00
LF
IF
$2.20

52.2o
$2,E60.00
5770.00
$1.03

51.03 $3,930.00
$360.50

52.00 $2.00

53.600.00
$700.00
$1.00

51.00 S1,300.00
5350.00
15 Thermoplastic Striping - 4" Solid Yellow,
C,ostt roc in Place.
17 _
Thermoplastic Striping- 12" white S0]id Stop Limit
Line, Complete in Place,
Thermoplastic Striping " 6" white Charntcliring Line,
Complole in Place.
300.00
LF

54.20 1 260.00

55.20 $1,560.00

59.75 51,125.00
$5.00
51,500.00
13 250.00
LF

52.20 $650,00
$2.06
$515.00
$2.00
$500.00

52.00 5300.00
$500.00
19 Thennopl#slie Pavement Markings - STOP,
Complete in PEac3.

11.00 4.00
FA
EA
FA
$275.00
$95.00
5610.00
53,025.00
5310.00
$3,410.00
$250.00

52.750.00
53,300.00
20 Thermoplastic Pavement Markings - Directional
Arrow, Complete in Place.

S340.00
5130.00
5520.00
57500
5300,00
5175.00
5500.00
21 Thermoplastic Pavomeut Markings - STOP AHEAD,
Complete in Plane. -

2.00 51,220.00
$3,426r573.50
_ 5310.00
Tolai
5020.00
$1,726,769,01
5550.00
Total
31,100.00
$1,996,000.00
5340.00
TOt#i
5000.00
$2,4 S,642.53
06/24/2024 City Council Agenda
84 2023/2024 Pavement Microsurfacc Program
& Crack Scal Program Project No.11221
6/11(24
Pavement Coatings Co.
10290 Sa Seiraine lurupe Valley,
CA 91752
American Asphalt south, Inc.

P.O. Box 310036 Fontana, CA
92331
V551nternat fon a
3795 Channel Dr
West Sacramento, CA 95691
Roy Allan Slurry seal lee.
11E+43 Emmons Way Sante Fe Springs,
CA90670
Item
No.

Item Description
Qty
Unit
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
1 MOBILIZATION (MOTTO EXCEED S%OF $ASE BID]

1.00 lS
55,750,00
55,750.00
56,000.00
56,000.00
57,700.70
57,700.70
510,000.00
510,00000
2 Furnish and Install Micro-SurFacing Type 11, Application Rate 10.20#'S Per SY (Dry Aggregate Weight)"
300,870.00
SF
$0.38
5114,330,60
SOA1
$123,356.70
$0.61
5181530.70
SOA4
5132,382.80
3 Furnish and Install Crack Sealing, Complete in Place
30,000.00
LDS
$2.38
571,400.00

52.25 567,500.00

52.55 576,500.00

53.05 591,500.00
4 Thermoplastic Striping - 4" Double Yellow,
(CAMUTCD Dtl 22) Complete in Place
583.00
LF

55.7S
$3,352.25
56,05
53,527.15

52.16 $1,259.28
5G.00
53,498.00
5 Thermoplastic Striping-4" Skipped Yellow
(CAMUTCD Dt1 1), Complete in Place.
1,050.00
LF

52.72 52,85100

52.86 53.003.00
S1.oa
51,134,00

52.90 $3,045.00
6 Thermoplastic Striping - 8" White Channelizing Line,
Complete in Place.
402.00
LF

55.30 52,130.60

55.50 52,212-00
S2.16
5868.32

55.50 52,211.00
7 Thermoplastic Striping- 12" White Solid Stop Limit
Line, Complete in Place.

75.0E1
LF
$11.30
5847.50
512.00
5900.00

55.40 5405.00
511.00
$825.00
8 Thermoplastic Striping - 12" Yellow Crosswalk,
Complete iri Place
375.00
LF
51040
53,900.00
511.00

54.12540
55A0
52,025.00
511.00
54,125.00
9 Thermoplastic Pavement Markings -- STOP, Complete in
Place

11.00 EA
5256.00
52,596.00
$250.00
52,750.00
5524,00
53,564.00
5245.00
52,726.00
10 Thermoplastic Pavement Markings -KEEP CLEAR,
Complete in Place.
190
FA
5592.00

5.592.00
5750.00
5750.00
5932.00
5432.00
5550,00
SE OM
11 Thermoplastic Pavement Markings -"LEFT'
Directional Arrow, Complete in Place.

9.00 EA
5147.00
51,323.00
$150.00
$1,350.00
5135.00
S1,215.00
$146.00
51,332.00
12 Thermoplastic Pavement Markings - "THRLI"
Directional Arrow, Complete in Place.

2.00 EA
5178.00
5356.00
5150,06
5300.00
5135.00
$270.00
$146.mm
5296.00
13 Thermoplastic Pavement Markings-"THRU/RIGHT"
Directional Arrow, Complete in Place.

1.00 EA
5337.00
5337.00
5275.00
5275.00
5116.00
5216.00
5275.00
5275.00
$209,770,95
Total
5216,047.65
Total
5279,120.00
Total
5252,767.80
06/24/2024 City Council Agenda
85 ATTACHMENT 2
06/24/2024 City Council Agenda
86 APPENDIX "A"
2023/2024 Pavement Rehabilitation
PROJECT NO. 11219

STREET REIHABILITATION
2023/2024 PAVEMENT REHABILITATION PROGRAM AND PATCIJING PROGRAM PULVERIZE 8-9" AND PAVE 4" — Arterial Streets
Segment
From
ToArea
(SF)
(SF)
5TH ST

WILDWOOD CANYON RD

AVENUE G
56,439
_ 5TH ST

AVENUE G

AVENUE H
28,773

AVENUE E

FREMONT ST

GRANT ST
20,736
Cold Mill 2" and Place 2 14" — Arterial Streets
Segment
From
To
Area (SF)

FREMONT ST

SHELLEY ST

AVENUE I
23,958

FREMONT ST
AVENUE 1
COLTNTRY CREEK D.
17,055
CALIFORNIA6.

PULVERIZE 8-9" AND PAVE 4" — Local
Segment
From
To
Area
(SF)

COUNTRY CREEK DR

FREMONT ST

SUNCREEK DR
8,460

COUNTRY CREEK DR

SUNCREEK DR

COUNTRY CREEK
CT
8,208

GREENBROOK PL

RAVENCREST CT

SOUTH END
13,023

OAK GROVE RD

WILDWOOD CANYON RD

LIMEKILN DR
9,234

OAK GROVE RD

LIMEKILN DR

OAK SPUR RD
_ 12,069
06/24/2024 City Council Agenda
87 OLD OAK RD

CARTER ST

SOUTH END
8,154

ONYX ST

JADE CT

DIAMOND ST
36,100

PAMELA CT

LEAH LN

MESA GRANDE DR
15,840

PENROSE LN

LANTANA AVE
NE END
9,351

PENROSE LN

LA PAZ CT

LANTANA AVE
12,996

RAVENCREST CT

GREENBROOK PL

EAST END
5,706

ROBIN CT

NORTH END

AVENUE H
9,891

SANTA MARIA ST

SAN LEANDRO AVE

BRYANT ST
18,009

VALLEY VIEW ST

NORTH END

FAIRVIEW DR
21,933

WILDWOOD VIEW DR

OAK MOUNTAIN DR

OAK MESA DR
9,072

WILDWOOD VIEW DR
NW END

OAK MOUNTAIN DR
10,062

WOOD GLEN CT

CARTER ST

SOUTH END
8,082
Cold Edge Mill 2" and Place 1 1/2" — Local Streets
Segment
From
1 o
Area
(SF)

GOLDSTONE ST

ONYX ST

DIAMOND ST
32,949
Cold Mill 2" and Place 2 112" — Local Streets
Segment
From
To
Area
(SF)
AVE C
2ND ST
1ST ST
22,347
Cold Mill 2" and Place 3 1/2" — Local Streets
Segment
From
To
Area
(SF)

RIDGECREST DR

WEST END

MARBETH RD
6,813
06/24/2024 City Council Agenda
88 APPENDIX "A"
2023/2024 PAVEMENT MICROSURFACE
PROJECT NO. 11221
2023/2024 PAVEMENT MICROSURFACE PROGRAM and CRACK SEAL

PROGRAM
Arterial Street
* 13TH ST

CHAPMAN HEIGHTS RD

YUCAIPA BLVD
49,572
* I3TFI ST

YUCAIPA BLVIO

AVENUE D
58,968
* I3TH ST

AVENUE D

RAINBOW LN
10,125
* 13TFI ST

RAINBOW LN

AVENUE E
49,032

DOUGLAS ST

VINEYARD ST

MOUNTAIN VIEW ST
9,639

DOUGLAS ST

MOUNTAIN VIEW ST

BELLA VISTA DR
9,684

DOUGLAS ST

BELLA VISTA DR

SUNLIGHT DR
17,640

DOUGLAS ST

SUNLIGHT DR

LYNFALL ST
9,054

DOUGLAS ST

LYNFALL ST

WILDWOOD CANYON RD
28,467

DOUGLAS ST

AVENUE H

SANTA MARIA ST
32,544

DOUGLAS ST

SANTA MARIA ST

PENROSE LN
7,245

DOUGLAS ST
_ SANTA ROSA DR

BONITA DR
10,07I

DOUGLAS ST

BONITA DR

COUNTY LINE RD
25,083
Local Streets
* FIR AVE

SUNWOOD PL

SANDALWOOD WAY
10,800
* FIR AVE

SANDALWOOD WAY

LARKSPUR WAY
10,449
* FIR AVE

LARKSPUR WAY

APPLEWOOD LN
11,340
* FIR AVE

APPLEWOOD LN

SUNRISE
11,574

RAVENCREST CT
SW END

GREENBROOK PL
21,087

VIA BARCELONA RD

VIA LINDA CT

FAIRVIEW DR
9,477

VIA BARCELONA RD

VIA MARIE CIR

SOUTH END
12,429
Streets Adjacent to School zones. No work shall be completed during school peak hours 06/24/2024 'L F 314 Microsurface
68 89

APPENDIX "A"
2023/2024 PAVEMENT MICROSURFACE
PROJECT NO. 11221 — _µ
2023/2024 PAVEMENT MICROSURFACE PROGRAM and CRACK SEAL

PROGRAM
Arterial Street
* I3TH ST

CHAPMAN HEIGHTS RD

YUCAIPA BLVD
49,572
* 13TH ST

YUCAIPA BLVD

AVENUE D
58,968
• 13TH ST

AVENUE D

RAINBOW LN
10,125
* 13TH ST

RAINBOW LN

AVENUE E
49,032

DOUGLAS ST

VINEYARD ST

MOUNTAIN VIEW ST
9,639

DOUGLAS ST

MOUNTAIN VIEW ST

BELLA VISTA DR
9,684

DOUGLAS ST

BELLA VISTA DR

SUNLIGHT DR
I7,640

DOUGLAS ST

SUNLIGHT DR

LYNFALL ST
9,054

DOUGLAS ST

LYNFALL ST

WILDWOOD CANYON RD
26,467

DOUGLAS ST

AVENUE H

SANTA MARIA ST
32,544

DOUGLAS ST

SANTA MARIA ST

PENROSE LN

7.245

DOUGLAS ST

SANTA ROSA DR

BONITA DR
10,071

DOUGLAS ST

BONITA DR

COUNTY LINE RD
25,083
Local Streets
* FIR AVE

SUNWOOD PL

SANDALWOOD WAY
10,800
* FIR AVE

SANDALWOOD WAY

LARKSPUR WAY
I0,449
* FIR AVE

LARKSPUR WAY

APPLEWOOD LN
11,340
* FIR AVE

APPLEWOOD LN

SUNRISE
11,574

RAVENCREST CT
SW END

GREENBROOK PL
21,087

VIA BARCELONA RD

VIA LINDA CT

FAIRVIEW DR
9,477

VIA BARCELONA RD

VIA MARIE CIR

SOUTH END
12,429
* Streets Adjacent to School zones. No work shall be completed during school peak hours 06/24/2024 Cgtfeefitiaibria344 Microsurfece
68 90

ATTACHMENT 3
06/24/2024 City Council Agenda
91 APPENDIX "A"
2023/2024 Pavement Rehabilitation
PROJECT NO, 11219

STREET REHABILITATION
2023/2024 PAVEMENT REHABILITATION PROGRAM AND PATCIIING PROGRAM PULVERIZE 8-9" AND PAVE 4" — Arterial Streets
Segment
From
To
Area
(SF)
5TH ST

WILDWOOD CANYON RD

AVENUE G
56,439
5TH ST
AVENUE 6

AVENUE H
28,773

AVENUE E

FREMONT ST

GRANT ST
20,736
Cold Mill 2" and Place 2 '/z" — Arterial Streets
Segment
From
To
Area (SF)

FREMONT ST

SHELLEY ST

AVENUE I
23,958

FREMONT ST

AVENUE I

COUNTRY CREEK DR
17,055

CALIFORNIA ST

BEECH AVE

ACACIA AVE
15,264
PULVERIZE 8-9" AND PAVE 4" — Local
Segment
From
To
Area
(SF)

COUNTRY CREEK DR

FREMONT ST

SUNCREEK DR
8,460

COUNTRY CREEK DR

SUNCREEK DR

COUNTRY CREEK
CT
8,208

GREENBROOK PL

RAVENCREST CT

SOUTH END
13,023

OAK GROVE RD

WILDWOOD CANYON RD

LIMEKILN DR
9,234

OAK GROVE RD

LIMEKILN DR

OAK SPUR RD
12,069
06/24/2024 City Council Agenda
92 OLD OAK RD

CARTER ST

SOUTH END
8,154

ONYX ST

JADE CT

DIAMOND ST
36,100

PAMELA CT

LEAH LN

MESA GRANDE DR
15,840

PENROSE LN

LANTANA AVE
NE END
9,351

PENROSE LN

LA PAZ CT

LANTANA AVE
12,996

RAVENCREST CT

GREENBROOK PL

EAST END
5,706

ROBIN CT

NORTH END

AVENUE H
9,891

SANTA MARIA ST

SAN LEANDRO AVE

BRYANT ST
18,009

VALLEY VIEW ST

NORTH END

FAIRVIEW DR
21,933

WILDWOOD VIEW DR

OAK MOUNTAIN DR

OAK MESA DR
9,072
10,062

WILDWOOD VIEW DR
NW END

OAK MOUNTAIN DR
WOOD GLEN CT .

CARTER ST

SOUTH END
8,082
Cold Edge Mill 2" and PIace I 1/2" — Local Streets
Segment
From
r
To
Area
(SF)

GOLDSTONE ST

ONYX ST

DIAMOND ST
32,949
Cold Mill 2" and Place 2 1/2" — Local Streets
Segment
From
To
Area
(SF)
AVE C
2ND ST
1ST ST
22,347
Cold .Mill 2" and Place 3 1/2" — Local Streets
Segment
From
To
Area
(SF)
R.IDGECREST DR

WEST END

MARBETH RD
6,813
06/24/2024 City Council Agenda
93 Agenda Item No. 8

CTTY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Developrne t Services/City Engineer TA Landon Kern, Assistant City Engineer, L
Todd Gutjahr, Public Works Analyst
FOR: City Council Meeting of June 24, 2024
SUBJECT: Acceptance of Contract Work — 2nd Street and 3rd Street at Avenue E Roundabouts Hardscape Phase II Project — Project No. 11165
RECOMMENDATION:

That the City Council:
1) Accept the contract work completed by Three Peaks Corporation in the amount of $89,217 for the 2nd Street and 3rd Street at Avenue E Roundabouts Hardscape Phase II Project — Project No. 11165 (Project); and
2) Authorizc the recordation of the Notice of Completion for the Project; and 3) Accept the as -built plans for the Project.

BACKGROUND/DISCUSSION:

On February 12, 2024, the City Council awarded a contract in the amount of $89,217 to Three Peaks Corporation of Calimesa, CA, to complete the hardscape at the roundabouts at 2nd and 3rd Streets at Avenue E.

The Project included installing hardscape in the parkway and pedestrian islands that matched the existing boulders, cobble, and decomposed granite previously installed with the Phase I Hardscape Project.

Inspections performed during and upon completion of the work have ensured that the work was completed in accordance with the contract specifications. 06/24/2024 City Council Agenda
94 FISCAL IMPACT:

No additional fiscal impact as a result of the recommended City Council action.

Attachments:

1. Notice of Completion — Project No. 11165
Approved by:
06/24/2024 City Council Agenda
95 ATTACHMENT 1
06/24/2024 City Council Agenda
96 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 1S HEREBY GIVEN that work on the certain project known as:

PROJECT NO. 11165
2ND STREET AND 3RD STREET AT AVENUE E ROUNDABOUTS

HARDSCAPE PHASE II PROJECT
No APN Number
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 24th day of June 2024.

The said work was performed by Three Peaks Corporation of Calimesa, CA in accordance with the terms of the written agreement dated the 12th day of February 2024.

Dated June 24, 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 24th day of June 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, MMC
Director of General Services/City Clerk
06/24/2024 City Council Agenda
97 Agenda Item No. 9

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fennin Preciado, Director of Development Services/City Engineer' Landon Kern, Assistant City Engineer
Todd Gutjahr, Public Works Analys
FOR: City Council Meeting of June 24, 2024
SUBJECT: Acceptance of Contract Work — CDBG Replacement of Roof at the Scherer Community Center Building and Senior Nutrition Center Building — Project No. 11200
RECOMMENDATION:

That the City Council:
1) Accept the contract work completed by Best Contracting Services, Inc. in the amount of $307,040 for the CDBG Replacement of Roof at the Scherer Community Center Building and Senior Nutrition Center Building — Project No. 11200 (Project); and 2) Authorize the recordation of the Notice of Completion for the Project; and 3) Accept the as -built plans for the Project.

BACKGROUND/DISCUSSION:

On February 26, 2024, the City Council awarded a contract in the amount of $309,800 to Best Contracting Services, Inc. of Gardena, CA, to replace the roof at the Scherer Community Center Building and Senior Nutrition Center Building.

The roof had reached its useful life, was in poor condition, and needed to be replaced. The Project included removing and replacing the roofs at the Scherer Community Center and Nutrition Center buildings, replacing skylights, and replacing the lattice patio cover.

Inspections performed during the work and upon completion of the work have ensured that the work was completed in accordance with the contract specifications and requirements for each facility, 06/24/2024 City Council Agenda
98 FISCAL IMPACT:

The contract work has been completed for a total of $307,400, which is $2,400 under the authorized contract budget for the Project. This project is CDBG-funded on a reimbursement basis.

Attachments:
1, Notice of Completion — Project No. 11200
Approved by: --
06/24/2024 City Council Agenda
99 ATTACHMENT 1
06/24/2024 City Council Agenda
100

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. 11200

REPLACEMENT OF ROOF AT THE SCHERER COMMUNITY CENTER

BUILDING AND SENIOR NUTRITION CENTER BUILDING
No APN Number
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 24th day of June 2024.

The said work was performed by Best Contracting Services, Inc. of Gardena, CA in accordance with the terms of the written agreement dated the 26th day of February 2024.

Dated June 24, 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 24th day of June 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, !AMC
Director of General Services/City Clerk
06/24/2024 City Council Agenda
Ponpi
101

Agenda Item No. 10

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
Daniel Meisenbach, Construction Engineer M
FOR: City Council Meeting of June 24, 2024
SUBJECT: Acceptance of Contract Work —15t Street Sidewalks ATP Project. Project No. 11184 RECOMMENDATION:

That the City Council:
1) Accept the contract work completed by Three Peaks Corp. in the amount of S270,667.00 15th Street Sidewalks ATP Project. — Project No. 11184; and 2) Authorize the recordation of the Notice of Completion for the Project; and 3) Accept the as -built plans for the Project.

BACKGROUND/DISCUSSION:

The FY 2023/2024 Capital Improvement Program (CIP) includes the Avenue E & 15th Street Sidewalk improvements. The improvements include the construction of sidewalks, ADA compliant curb ramps and associated street improvements along Avenue E from 15th Street to the Dunlap Channel; and along the east side of 15th Street, from Avenue E to Yucaipa Boulevard.

In FY2015/2016, the City applied for and was awarded $402,000 in State Active Transportation Program (State ATP) grant funds through San Bernardino County Transportation Authority (SBCTA) to construct the first phase of the improvements. The construction of the first phase of improvements was completed in 2021.

In FY2023/24, the City applied for and was awarded an additional $320,000 in State ATP grant funds through SBCTA to construct Phase 2 of the Project (Project). As required by the ATP grant program, the California Conservation Corps was required to perform a portion of the clearing and grubbing work during construction.

On February 24, 2024, the City Council awarded Three Peaks Corporation a contract to complete the Project in the amount of $270,735. The City Council also approved the amount of $27,000 for a total construction contract budget in the amount of S297,735. Inspections performed by staff during the course of the work and upon completion of the work have assured that the work was completed in 06/24/2024 City Council Agenda
102

accordance with the contract specifications for the Project.

FISCAL IMPACT:

The contract work has been completed for a total of $270,668.00, which is $68.00 under the authorized contract budget for the Project.

Attachments:

1. Notice of Completion — Project No. 11184
-
Approved hy:
06/24/2024 City Council Agenda
103

ATTACHMENT 1
06/24/2024 City Council Agenda
104

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. 11184
15TH STREET SIDEWALKS ATP PROJECT
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 24TH d ay of June 2024.

The said work was performed by Three Peaks Corp. of Calimesa, CA in accordance with the terms of the written agreement dated the 26th day of February 2024.

Dated June 24th, 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 24th day of June 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 V. Sauseda, CMC
Director of General Services/City Clerk
06/24/2024 City Council Agenda

TO:

FROM:

FOR:

SUBJECT:

Agenda Item No. 11

CITY OF YUCAIPA

AGENDA REPORT
Honorable Mayor and City Council
Megan Wolfe, Director of Community Services !VON
Sarah Martinez, Community Services Recreation Superintendent City Council Meeting on June 24, 2024
Measure I Award — Omnitrans FY25 and FY26 Continued Project Funding RECOMMENDATION:

That the City Council authorize the City Manager to execute and administer the terms of a funding agreement with Omnitrans in the amount of $265,981 for Measure I funds.

BACKGROUND/DISCUSSION:

In March 2024, City staff submitted a grant application for the OmniTrans Measure I Specialized Transportation Program Grant (Grant). The goal of the Grant is to improve mobility and/or coordination of transportation services and address the unmet/underserved transportation needs of seniors and/or persons with disabilities in the San Bernardino Valley.

The purpose for applying for the Grant was to receive funding to continue the Golden Wheels Program for FY25 and FY26. Golden Wheels is a senior transportation program (STP) that provides transportation for seniors and disabled residents, within the geographic boundaries of the City of Yucaipa.

On June 6, 2024, the City was notified that they were selected as a recipient of the Omnitrans Measure I Specialized Transportation Continued Project Funding (attached), awarding the City with two (2) years of funding in the amount of:

FY 2025 (Year 1 Operating)
$131,465
FY 2026 (Year 2 Operating
$134,516
This reimbursement grant authorizes two (2) years of operating funds, which will cover eighty percent (80%) of the day-to-day costs of providing a STP to the City.

FISCAL IMPACT:

This funding agreement funds the Golden Wheels program for FY25 in the amount of $131,465. The associated costs are included in the FY25 budget. The same grant provides funding for FY26 in the amount of $134,516.

Attachment:

1. Award Letter and Funding Agreement
Approved by: _
06/24/2024 City Council Agenda
106

ATTACHMENT 1
06/24/2024 City Council Agenda
107

FUNDING AGREEMENT

BETWEEN

OMNITRANS
AND

CITY OF YUCAIPA
This Funding Agreement for Measure I funds ("Agreement") by and between City of Yucaipa ("Yucaipa"), a municipal government and Omnitrans, a Joint Powers Authority and a Consolidated Transportation Services Agency ("Omnitrans"), is entered into this 151 day of July, 2024. Yucaipa and Omnitrans are sometimes individually referred to as "Party" and collectively as "Parties."

RECITALS
WHEREAS, in its capacity as the Consolidated Transportation Services Agency ("CTSA") for the San Bernardino Valley, Omnitrans has the ability to provide Measure I funds to other entities for projects that improve mobility for persons with disabilities, senior citizens, and persons of low income; and
WHEREAS, Yucaipa was previously awarded funds to operate its Transportation Program which have since expired; and
WHEREAS, Yucaipa seeks to operate its Yucaipa Transportation Program; ("Project"); and
WHEREAS, Omnitrans desires to provide capital and operating assistance funds to Yucaipa, on a reimbursable basis, for the Project; and
WHEREAS, the parties wish to enter into this Agreement to document the terms and conditions of Omnitrans funding of the Project.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Project Description: The Golden Wheels Senior Transportation Program is specialized service offered to Yucaipa senior citizen residents and disabled residents attached hereto as Exhibit A. Any proposed amendment to Exhibit A must be agreed to in advance by the parties pursuant to a written amendment.
1 06/24/2024 City Council Agenda
108

2. Term: This Agreement will be for a term of two (2) years and shall expire on June 30, 2026, unless otherwise terminated as provided for in this Agreement or extended by written agreement between the parties.

3. Funding Amount: The amount to be paid to Yucaipa under this Agreement will not exceed $265,981 in operating expenses, with annual not to exceed amounts of $131,465 in Fiscal Year 2025 and $134,516 in Fiscal Year 2026 - unless agreed to in advance by the parties pursuant to a written amendment, In no instance will Omnitrans be liable for any payments or costs for work in excess of these amounts, nor for costs not listed in Project Budget, attached hereto as Exhibit B.

4. Payment:
a. On a monthly basis, Yucaipa will provide Omnitrans with an invoice for reimbursement pursuant to Subsections 4.b. and 4.c., below, b. Payments for operating expenses to Yucaipa hereunder will be made in arrears.

Yucaipa will submit a detailed and properly documented invoice for reimbursement not more often than monthly, which invoice will include: (i) a description of the work performed; and (ii) a detailed accounting of costs incurred. c. Payments for capital expenses, including but not limited to vehicles, may be requested in advance, upon presentation of a valid vendor invoice for such purchases d. Yucaipa will be notified within ten (10) business days following receipt of its invoice by Omnitrans of any circumstances or data in Yucaipa's invoice that would cause withholding of approval and subsequent payment. Yucaipa's invoice will include documentation of reimbursable expenses and billed items sufficient for Omnitrans, in its opinion, to substantiate billings. Omnitrans reserves the right to withhold payment of disputed amounts.
e. At no time shall payments from Omnitrans be used to supplant any existing funding source for Yucaipa's Program. Yucaipa shall notify Omnitrans of any potential loss of funding for the existing Yucaipa services within ten (10) business days of learning of the funding loss.

5. Progress Reports: Yucaipa will provide Omnitrans with monthly Project Milestones updates on the Project, as set forth in Exhibit A. In cooperation with Omnitrans, Yucaipa shall develop national ridership data reporting mechanisms sufficient for reporting as part of the NTO (National Transit Database) reporting system and shall provide such data to Omnitrans monthly. 2 06/24/2024 City Council Agenda
109

6. Advisory Committee Participation: Yucaipa shall attend and participate in advisory committee meetings, as mutually agreed upon by Omnitrans and the San Bernardino County Transportation Authority.

7. Compliance with Laws: Yucaipa will comply with all applicable federal, state, and local laws, codes, ordinances, regulations, orders, circulars, and directives, including, without limitation: (i) all regulatory requirements associated with the funding provided to the Yucaipa for this Project; (ii) all disability laws; and (iii) non-discrimination and equal opportunity laws, Any failure by Yucaipa to comply with such laws may result in the termination of this Agreement or such other remedy as Omnitrans deems appropriate.

8. Independent Contractor: Yucaipa, and the agents and employees of Yucaipa, in the performance of this Agreement, will act as and be independent contractors, and not officers, employees, or agents of Omnitrans. Yucaipa, its officers, employees, agents, and contractors, if any, will have no power to bind or commit Omnitrans to any decision or course of action, and will not represent to any person or business that they have such power. Yucaipa has and will retain the right to exercise full control of the supervision of the Yucaipa Project, and over the employment, direction, compensation, and discharge of all persons assisting in the performance of the work funded by this Agreement. Yucaipa will be solely responsible for all matters relating to the payment of its employees and contractors, including but not limited to, compliance with all laws, statutes, and regulations governing such matters,

9. Termination:
a. Omnitrans may terminate this Agreement for cause by giving Yucaipa a notice of default and intention to terminate the Agreement ("Termination Notice"). The notice will be deemed served and effective for all purposes on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to Yucaipa at the address indicated in Section 20 below,
b. Upon receipt of a Termination Notice, Yucaipa shall have 30 days in which to cure the stated violation(s) and to provide to Omnitrans sufficient evidence that the violations have been cured. If Yucaipa has not cured within 30 days of such notice, or has not provided sufficient evidence of such to Omnitrans, the Agreement shall be terminated, effective immediately.
c. Omnitrans may also terminate this Agreement in the event of Measure I or federal grant funding shortfall, upon 15 days written notice. Such notice will be served and effective as set forth in Subsection 9.a., herein.
3 06/24/2024 City Council Agenda
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d. Omnitrans may also terminate this Agreement in the event of a funding shortfall for Yucaipa's Program or the failure to provide notice to Omnitrans of such funding shortfall, as required pursuant to section 4.e. In the event Yucaipa fails to provide the notice required pursuant to section 4.e., Omnitrans is not required to give Yucaipa an opportunity to cure such violation.
e. If Omnitrans issues a Termination Notice or terminates this Agreement due to a funding shortfall, Omnitrans will reimburse Yucaipa for work actually performed up to the effective date of the Termination Notice, subject to the limitations in Section 4, and less any compensation to Omnitrans for damages suffered as a result of Yucaipa's failure to comply with the terms of this Agreement.
f. Yucaipa will have the right to terminate this Agreement in the event Omnitrans is unable to make required payments. In such event, Yucaipa will provide Omnitrans with seven (7) days written notice of termination. The notice will be deemed served and effective on the date it is deposited in the U.S. mail, certified, return receipt requested, addressed to Omnitrans at the address indicated in Section 20. Omnitrans will make payment to Yucaipa through the date of termination, subject to the provisions of Section 4 above, and less any compensation to Omnitrans for damages suffered as a result of Yucaipa's failure to comply with the terms of this Agreement.

10. Assignment: The parties understand that Omnitrans entered into this Agreement based on the Project proposed by Yucaipa. Therefore, without the prior express written consent of Omnitrans, this Agreement is not assignable by Yucaipa either in whole or in part.

11. Binding Agreement: This Agreement will be binding on the parties hereto, their assigns, successors, administrators, executors, and other representatives.

12. Time: Time is of the essence in this Agreement and will follow the Project Milestones timeline set forth in Exhibit A, unless modified pursuant to Section 13,

13. Amendments: No alteration or variation of the terms of this Agreement will be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, will be binding on any of the parties hereto.

14. Contractors and Subcontractors: Yucaipa will be fully responsible for all work performed by its contractors and subcontractors. Omnitrans reserves the right to review and approve any contract or agreement to be funded in whole or in part using funds provided under this Agreement in excess of $25,000. Yucaipa shall incorporate the terms of this Agreement, including without limitation the indemnification and insurance provisions, into any subcontractor agreement funded by this Agreement.
4 06/24/2024 City Council Agenda
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15, Indemnification. Yucaipa shall defend, indemnify and hold Omnitrans, its directors, officials, officers, employees, agents and/or volunteers free and harmless from any and all liability from loss, damage, or injury to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of Yucaipa or any of its directors, officials, officers, employees, agents, volunteers, or service providers arising out of or in connection with Yucaipa's performance of this Agreement, including, without limitation, the payment of consequential damages and attorneys' fees. Further, Yucaipa shall defend, at its own expense, including the payment of attorneys' fees, Omnitrans, its officials, officers, employees, agents and/or volunteers in any legal action based upon such acts, omissions or willful misconduct.

Yucaipa shall reimburse Omnitrans, its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

16. Insurance. Yucaipa shall require all contractors or consultants hired to perform work or services on the Project to obtain, and require their sub -consultants and sub -contractors to obtain, insurance of the types and in the amounts described below and satisfactory to Omnitrans. Yucaipa may satisfy its insurance obligations herein through participation in a program of self-insurance.

Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. Upon request, Yucaipa will provide written certificates evidencing compliance to Omnitrans.
a. Commercial General Liability Insurance, Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non - owned automobiles.
c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' Iiability insurance with limits of not less than $1,000,000,00 each accident.

17. Audit: An independent auditor shall audit Yucaipa's use of Project funds no less than annually. Yucaipa agrees to supply Omnitrans with a copy of any audit of Yucaipa Project related activities performed.

18. Retention and Inspection of Records
5 06/24/2024 City Council Agenda
112

a. Yucaipa, including any contractors or subcontractors, will retain all driver training records and vehicle maintenance and safety records.
b, Omnitrans or its designee will have the right to review, obtain, copy, and audit all books, records, computer records, accounts, documentation and any other materials pertaining to performance of this Agreement (collectively "Records"), including any Records in the possession of any contractors or subcontractors. Yucaipa agrees to provide Omnitrans or its designee with any relevant information requested and will permit Omnitrans or its designees access to its premises, upon reasonable notice, during normal business hours, for the purpose of interviewing employees and inspecting and copying such Records for the purpose of determining compliance with any applicable federal and state laws and regulations.

G. Yucaipa further agrees to maintain all Project Records for a period of four (4) years after final payment under the Agreement or four (4) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later. If so directed by Omnitrans upon expiration of this Agreement, Yucaipa will cause all Records relevant to the Project to be delivered to Omnitrans as depository.

19. Signs: Yucaipa will include the Omnitrans logo and/or Measure I signage on Project related marketing materials and on vehicles operated with Omnitrans funding, including:
a. Vehicles purchased or operated with Measure I funds shall display signs clearly visible to riders indicating the vehicle is funded in part through Measure I funding. b. Signage must conform with approved Measure I signage and be approved by Omnitrans.

20. Notices. A1I notices hereunder shall be in writing and shall be effective upon receipt. All notices and communications, including invoices, between the Parties to this Agreement shall be either personally delivered, sent by first-class mail, return receipt requested, or sent by overnight express delivery service, postage or other charges fully prepaid, as follows:

TO OMNITRANS: TO Yucaipa:

Omnitrans City of Yucaipa
1700 West Fifth Street 34272 Yucaipa Blvd.

San Bernardino, CA 92411 Yucaipa, CA 92399
ATTN: Director Strategic Development ATTN: Director of Community Services 6 06/24/2024 City Council Agenda
113

21. Waivers: No waiver of any breach of this Agreement will be held to be a waiver of any prior or subsequent breach. The failure of Omnitrans to enforce at any time the provisions of this Agreement or to require at any time performance by Yucaipa of these provisions, will in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Orrinitrans to enforce these provisions.

22. Litigation: Yucaipa will notify Omnitrans immediately of any claim or action undertaken by it or against it that affects or may affect this Agreement or Omnitrans, and will take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Omnitrans.

23. Non -Liability of Omnitrans: Omnitrans shall not be liable to Yucaipa or any third party for any claim for loss of profits or consequential damages. Further, Omnitrans shall not be liable to Yucaipa or any third party for any loss, cost, claim or damage, either direct or consequential, allegedly arising from a delay in performance or failure to perform under this Agreement. There are no third party beneficiaries to this Agreement

24. Costs and Attorneys' Fees: If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, the prevailing party in such action may recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and reasonable attorneys' fees.

25. Governing Law and Choice of Forum: This Agreement will be administered and interpreted under California law as if written by both parties. Any litigation arising from this Agreement will be brought in the Superior Court of San Bernardino County.

26. Integration: This Agreement represents the entire understanding of Omnitrans and Yucaipa as to those matters contained herein and supersedes all prior negotiations, representations, or agreements, both written and oral. This Agreement may not be modified or altered except in accordance with Section 13.

27. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is invalid or unenforceable, will not be affected thereby, and each term and provision of this Agreement will be valid and will be enforced to the fullest extent permitted by law, unless the exclusion of such term or provision, or the application of such term or provision, would result in such a material change so as to cause completion of the obligations contemplated herein to be unreasonable.
7 06/24/2024 City Council Agenda
114

28. Headings: The headings of the various sections of this Agreement are intended solely for convenience of reference and are not intended to explain, modify, or place any interpretation upon any of the provisions of this Agreement.

29. Authority: Each person signing this Agreement an behalf of a party hereby certifies, represents, and warrants that he or she has the authority to bind that party to the terms and conditions of this Agreement.

30. Ownership; Permission: Omnitrans represents and warrants that all materials used in the performance of the Project work, including, without limitation, all computer software materials and all written materials, are either produced or owned by Yucaipa or that all required permissions and license agreements have been obtained and paid for by Yucaipa. Yucaipa will defend, indemnify and hold harmless Omnitrans and its directors, officers, employees, and agents from any claim, loss, damage, cost, liability, or expense to the extent of any violation or falsity of the foregoing representation and warranty.

31. Counterparts: This Agreement may be executed in multiple counterparts, each of which will constitute an original, and all of which taken together will constitute one and the same instrument.

32. Press Releases: Yucaipa will obtain Omnitrans' prior written approval of any press releases, or other public outreach materials, that include any reference to Omnitrans or depiction of the Omnitrans logo.

IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement, as of the date first appearing above.

By:

Erin Rogers Chris Mann
CEO/General Manager City Manager
Omnitrans City of Yucaipa
Approved as to form:

Omnitrans Legal Counsel City Attorney
8 06/24/2024 City Council Agenda
115

EXHIBIT A
Project Narrative
The Yucaipa Transportation Program will be a new specialized service offered to Yucaipa senior citizen residents and disabled residents. This Program will increase the quality of life for seniors and disabled residents by growing mobility choices, both disabled and abled, by providing the opportunity for basic medical and living needs to be met — with trips to medical clinics, grocery stores, banks, the post office, shopping centers, fitness facilities, senior and community centers, public library, etc., as well as entertainment venues, museums, and parks.

The Program will have the opportunity to operate independently of the Omnitrans fixed routes, thus providing further travel opportunities than currently offered, while still providing improved health care transportation access in a safe and comfortable mobility environment Omnitrans strives to provide.
9 06/24/2024 City Council Agenda
116

EXHIBIT B
Project Budget

OPERATING EXPENSES PROPOSED PROJECT BUDGET FORM
Agency Name: Ciy of Yucaipa
.

Project Title: Golden Wheels Senior Transportation Program OmniTrans EXPENSES Time
Salaries by Position (include bene4ts):
(Example: drivers, scheduler. trainer etc.)
A, Drivers 100
B. Scheduler/Backup Driver 100
C. Coordinator
D. Supervisor
Jul '24-Jun'25
Jul '25- Jun '26
TOTAL
$
$
$
$
82,000.00
41,000.00
10,967.00
8,600.00
$
$
$
$

82.000.00
41,000.00
10,967.00
8,600.00
r
5 r
$
r$
r
$
164,000.00

82.000.00
21,934.00
17,200.00
Total Salaries &Benefits
$
142,567.00
$
142,567.00
$
266,134.00
Non -Personnel Expenses:
(Example: fuel. rent, insurance, utilities etc.)
A. Vehicle Maintaince (tires brakes, etc.)
B. Cleaning Supplies
C. Professional Cleaning
D. Misc. Maintence
E. Fuel
F. Dispatch Supplies and Staff Uniforms
$
$
$
$
$
5 3,000.00
1,500.00
1,000.00
3,000,00
6,000.00
500.00
$
$
$
$
$
$
3,000.00
1,500.00
1,000.00
3,000.00
6,000.00
500.00
r
$
$
$
r
$
r
$
r
5 6,000.00

3.000,00
2,000.00
6,000.00
12,000_00
1,000,00
Total Non -Personnel Expenses
$
15,000.00
$
15,000.00
$
30,000_00
Administrative overhead (calculated at 5%)
$

7.678.35
r
5 7,878.35
$
15,756,70

TOTAL, PROJECT EXPENSES
$
165,445.35
$
165,445,35
$
330,890.76

REVENUES
Agency Match {Cash)
(Example: General Fund, CDBG, Donations, etc)
A. Ride Fares
B. Donations
C. General Fund
$ 3,040.00
$ 5,000.00
$ 8,500.00
$
$
$
3,000.00
5,000,00
8,500.00
r
$
r
$
r
$
6,000.00
10,000.00
17,000-00
Total Cash Match (must be at least 5%)
$
16,500.00
$
16,500,00
$
33,000.00
Cash Match %

9.97%
10%
$
r
r $
$
Fs
$
10%
14,000.00
20,000.00
-
Position x
Agency Match (In -Kind) Time
Salaries by Position (inekide benelllo)•
A. Coordinator
B. Supervisor
C- Superintendent
Non•Personnel Match (in -kind):

D.
$
$
$
$
7,000.00
10,000,00
-
$
5 $
$
7,000.00
10,000.01)
-
-
Total In -Kind Match
5 17,000.00
$
17,000.00
$
34,000,00
Calculated Measure I Portion (not to exceed 80%)

79.75%

79.75%

79.75%
10 06/24/2024 City Council Agenda
117

Agenda Item No. 12

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of June 24, 2024
SUBJECT: Accept the Certificate of Sufficiency; Calling, Ordering, and Giving Notice of a Special Municipal Election for the Submission of the Question of the Recall of a Certain Officer and Requesting the San Bernardino County Board of Supervisors to Direct the San Bernardino County Registrar of Voters to Render Services to the City Relating to the Conduct of a Special Municipal Election RECOMMENDATION:

That the City Council:

1. Adopt Resolution No. 2024-35, a resolution of the City Council of the City of Yucaipa, California, accepting the Certificate of Sufficiency of Petition to Recall Yucaipa City Councilmember Matt Garner, District 1; and

2. Adopt Resolution No. 2024-36, a resolution of the City Council of the City of Yucaipa, California, calling for the holding of a Special Municipal Election on Tuesday, November 5, 2024, for the submission of the question of the recall of a certain officer and requesting the San Bernardino County Board of Supervisors to consolidate a Special Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on that date pursuant to California Elections Code § 10403.

BACKGROUND/DISCUSSION;
On January 30, 2024, a Notice of Intention to Circulate Recall Petition for Councilmember Matt Garner, District 1 was filed with the Office of the City Clerk. The Petition for Recall form was determined to meet the statutory requirements and, therefore, was approved for signature circulation on February 26, 2024.

Pursuant to California Elections Code § § 11220 and 11221, the proponents were required to collect no less than 1,850 valid signatures of registered voters in District 1 of the City of Yucaipa [twenty five percent (25%) according to the last report of registration by the county elections official to the Secretary of State] and submit within 90 days of when the petition was approved for circulation. 06/24/2024 City Council Agenda
118

The proponents timely submitted the petition to the City Clerk on May 28, 2024. The City Clerk conducted a prima facie count of the signatures and, pursuant to California Elections Code § 11224, the San Bernardino County Registrar of Voters (ROV) verified the signatures on the petition. A letter was provided to the City from the ROV on June 17, 2024 which indicated the number of valid signatures on the petition was sufficient. Pursuant to Elections Code § 11227, if the signatures on the petition are found to be sufficient, the City Clerk shall submit a certificate as to the sufficiency of the petition to the City Council at its next regular meeting (Exhibit A to Resolution No. 2024-35).

PROPOSED ELECTION DATE
Pursuant to California Elections Code § § 11240 -11241, following the receipt of the Certificate of Sufficiency/Verification of Signatures on Petition, the City Council has fourteen days in which to call for a recall election, by resolution (Attachment No. 2), to determine if the elected officer shall be recalled. An election shall not be held less than 88, nor more than 125, days from the date the election is ordered. However, California Elections Code §§ 11242(b) allows for an election to be conducted within 180 days after the issuance of the order so that the election may be consolidated with a regularly scheduled election.

On May 13, 2024, the Yucaipa City Council adopted Resolution No. 2024-10, calling for the holding of a general municipal election to be held on Tuesday, 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.

With the general municipal election already scheduled for November 5, 2024 and per Elections Code §§ 11242(b), the proposed date for the special recall election is November 5, 2024.

THE RECALL BALLOT
The question to be submitted to the voters of District 1 of the City of Yucaipa shall appear on the ballot in substantially the following form:

Shall Matt Garner be recalled (removed) from the
Office of Council Member of District 1 of the City
of Yucaipa?
YES
NO
Pursuant to California Elections Code § 11382, there shall not be an election for a successor in a recall of a local officer. If a majority of the votes cast on a recall proposal for a local officer are "Yes," the officer is removed, and the office shall be vacant until it is filled according to law. If a majority of the votes cast are "No," the officer is not removed. 06/24/2024 City Council Agenda
119

ORDERING OF ELECTION
Attachment No. 2 is a resolution to call, order, and give notice of the holding of a Special Municipal Election in District 1 of the City of Yucaipa and other provisions, such as:
• Consideration and selection of a Special Municipal Election date of November 5, 2024 • Requesting the services of the San Bernardino County Registrar of Voters - In accordance with California Elections Code § 10002, the City requests that the County render full election services relating to the conduct of a Special Election. o The precincts, vote center locations and hours of operation, ballot drop box locations and hours of operation, vote -by -mail procedures and timing, election officers and all other persons and procedures shall be those utilized by the San Bernardino County Registrar of Voters in order to properly and lawfully conduct a special municipal election.
• The officer whose recall is being sought may submit a candidate statement to be included in the voter information guide. The cost of the candidate statement is wholly paid for by the officer whose recall is being sought and the cost includes translation and printing. An estimated cost is currently pending from the San Bernardino County Registrar of Voters, FISCAL IMPACT:

The costs associated with the Special Municipal Election is still pending from the ROV. Staff will return for a budget adjustment once the costs associated with the November 5, 2024 election are known.

Attachments:

1. Resolution No. 2024-35
2, Resolution No. 2024-36
Approved by:
06/24/2024 City Council Agenda
120

ATTACHMENT 1
06/24/2024 City Council Agenda
121

RESOLUTION NO. 2024-35

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

CALIFORNIA, ACCEPTING THE CERTIFICATE OF SUFFICIENCY OF

PETITION TO RECALL YUCAIPA CITY COUNCILMEMBER MATT
GARNER, DISTRICT 1
WHEREAS, on January 30, 2024, a Notice of Intention to Circulate Recall Petition for Councilmember Matt Garner, District 1, was filed with the Office of the City Clerk; and WHEREAS, on February 26, 2024, the Petition for Recall form was determined to meet the statutory requirements and, therefore, was approved for signature circulation; and WHEREAS, pursuant to California Elections Code §11221(a)(2), the number of signatures required to qualify a recall petition for a recall election must be equal in number to not less than the following percent of registered voters in the electoral district: Twenty-five percent (25%) if the registration is less than 10,000 but at least 1,000; and WHEREAS, per the San Bernardino County Registrar of Voters' last report of registration to the Secretary of State pursuant to California Elections Code § 11221(b), the number of verified signatures required was 1,850; and
WHEREAS, on May 28, 2024, the recall petition was timely submitted to the Office of the City Clerk in accordance with California Elections Code §§ 11220 and 11222; and WHEREAS, on May 29, 2024, after completing the prima facie review of signatures, the City Clerk determined that the recall petition contained more than the minimum number of signatures and therefore submitted it to the San Bernardino County Registrar of Voters for signature verification; and
WHEREAS, California Elections Code § 11227 requires the certificate as to the sufficiency/verification of signatures to be submitted to the City Council at its next regular City Council meeting following the certification.

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

Section 1. That the City Council hereby accepts the Certificate of Sufficiency of Recall Petition for Councilmember Matt Garner, attached hereto as Exhibit A.

Il
11 11
11 06/24/2024 City Council Agenda
122

Section 2. That the City Clerk shall certify as to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 24th day of June, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
06/24/2024 City Council Agenda
123

Exhibit A
06/24/2024 City Council Agenda
124

Certificate of Sufficiency of Petition to Recall
Yucaipa City Councilmember Matt Garner, District 1
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, County of San Bernardino, State of California, hereby certify that:

The petition to recall Yucaipa City Councilmember Matt Gamer, District 1, was timely filed with the Office of the City Clerk on May 28, 2024.

Each section of the petition contains signatures purporting to be signatures of qualified electors in District 1 of the City of Yucaipa, California,
Affidavits purporting to be signed by the persons who solicited signatures on the petition and containing the dates between which the purported qualified electors signed the petition were attached to the petition.

The affiants stated their qualifications, that they solicited the signatures upon that section of the petition, that all of the signatures were made in their presence, and that to the best of their information and belief, each signature to that section was the genuine signature of the person whose name it purports to be.

After the proponents filed the petition, and based on the San Bernardino County Registrar of Voters' signature verification, I have determined the following facts regarding the petition:

Total number of signatures required by law:

Total number of signatures on the petition:

Total number of valid signatures:

Number of signatures found insufficient:

Number of signatures insufficient because of duplication:
1,850
2,242
2,106
136
27 Based on the foregoing, the petition to recall Yucaipa City Councilmember Matt Garner, District 1, is determined to be sufficient.

IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Yucaipa, California this 17th day of June, 2024.

Ana V. Sauseda, MMC
City Clerk - Elections Official
City of Yucaipa 34272 Yucaipa Blvd, Yucaipa, CA 92399 1909-797-2489 06/24/2024 City Council Agenda
125

ATTACHMENT 2
06/24/2024 City Council Agenda
126

RESOLUTION NO. 2024-36

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

CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024, FOR THE

SUBMISSION OF THE QUESTION OF THE RECALL OF A CERTAIN

OFFICER AND REQUESTING THE SAN BERNARDINO COUNTY

BOARD OF SUPERVISORSTO CONSOLIDATE A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO CALIFORNIA ELECTIONS CODE § 10403
WHEREAS, under the provisions of law relating to cities in the State of California, a petition was filed demanding the recall of Matt Garner, Councilmember, District 1; and WHEREAS, the petition was signed by more than twenty-five percent of the registered voters in District 1 of the City of Yucaipa; and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed recall to the voters.

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

Section 1.

That pursuant to the requirements of law 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 Special Municipal Election for the purpose of submitting the question of the recall of Matt Garner, Councilmember District 1, to the voters.

Section 2. That on the ballots to be used at the election, in addition to any other matters required by law, there shall be printed substantially the following:

Shall Matt Garner be recalled (removed) from the
office of Councilmember of District 1 of the City of
Yucaipa?
YES
NO
Section 3. `1'hc ballots to be used at the election shall be in the form and content as required by law.

Section 4. Pursuant to California Elections Code § 10403, the City Council hereby requests the San Bernardino County Board of Supervisors and San Bernardino County Registrar of Voters to consolidate the recall election with the general election to be held on November 5, 2024.
06/24/2024 City Council Agenda
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Section 5.

Section 6,
Section 7.

The City Clerk is hereby directed to file this Resolution with the San Bernardino County Board of Supervisors and San Bernardino County Registrar of Voters on or before the deadline set by the San Bernardino County Registrar of Voters for inclusion on the November 5, 2024 ballot.

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.

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

Section 8. That in all the particulars not recited in this resolution, the election shall be held and conducted as provided by law for the holding of municipal elections, Section 9,
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 mariner as required by law.

Section 10. 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.

Section 11. 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 24th day of June, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
06/24/2024 City Council Agenda
128

Agenda Item No. 13

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Phillip White, Director of Financ
Fermin Preciado, Director of Deve ment Services
Megan Wolfe, Director of Community Services 14 W
Ana Sauseda, Director of General Services
Joe Pradetto, Director of Governmental Affairs
FOR: City Council Meeting of June 24, 2024
SUBJECT: Fiscal Year 2024-2025 Annual Procurements

RECOMMENDATION
That the City Council:

1. Authorize the execution of contracts for the 40 procurements listed in Attachment 1; and

2. Dispense with competitive bid procedures as per Section 2.24.060.A of the City of Yucaipa Municipal Code for items 1 through 7.

DISCUSSION
Each year, the City enters into various contracts for services to be performed throughout the fiscal year. Such services range from information technology support to on -call engineering. The agreements have been summarized and consolidated into this staff report by department. Each of these procurements has followed the processes outlined in the City of Yucaipa Purchasing Policy and Procedures manual (purchasing policy). For certain products and services as noted on this list, City staff is requesting the City Council dispense with competitive bid procedures as per Section

2.24.060.A of the Code as it would be "impracticable, useless and uneconomical" to follow such procedures. Such procurements have followed the "sole source" processes in the purchasing policy.

General Services
• Renewal of Office 365 subscriptions in the amount of $53,070, with a contingency for additional licenses, not to exceed $60,000.
• Information technology services are supplemented through a professional services contract, Staff is requesting authorization to extend the contract through FY 2024-2025 with LAN WAN Enterprise IT Solutions in an amount not to exceed $100,000, which represents a decrease in scope down from $145,000 in the prior year. 06/24/2024 City Council Agenda
129

Development Services - Contract Extensions/Amendments
• That the City Council authorize the City Manager to execute and authorize the City Manager or his designee to administer the terms of the First Extension and Amendment to the Contract for FY25 with Animal Pest Management Services, Inc. (APM) in the not to exceed amount of $7,053 for City's Pest Management Program.

In accordance with the Program contract specifications, staff has contacted APM regarding extending the contract for FY25. APM has agreed to an Extension and Amendment to the contract and an increase in the contract price based on the change in the CPI for the Riversid e- San Bernardino -Ontario, CA Area for all Urban Areas for March of 2024. The change in the CPI for March 2024 represents an increase of 4.3%. APM has provided the City with satisfactory service throughout the term of the contract. • That the City Council authorize the City Manager to execute and authorize the City Manager or his designee to administer the terms of the Second Extension and Third Amendment to the Contract for FY25 with Allison Mechanical, Inc. (Allison) in the not to exceed amount of $117,058 ($37,058-Maintenance and $80,000-Repairs) for the On -Call HVAC Operations and Maintenance Services at Various City -Owned Public Facilities program.

In accordance with the Program contract specifications, staff has contacted Allison regarding extending the contract for FY25. Allison has agreed to an Extension and Amendment to the contract and an increase in the contract price based on the change in the CPI forthe Riverside - San Bernardino -Ontario, CA Area for all Urban Areas for March of 2024. The change in the CPI for March 2024 represents an increase of 4.3%. Allison has provided the City with satisfactory service throughout the term of the contract. • That the City Council authorize the City Manager to execute and authorize the City Manager or his designee to administer the terms of the Second Extension and Amendment to the Contract for FY25 with Excel Landscape, Inc. (Excel) in the not to exceed amount of $437,634 for landscape maintenance and repair services for the City's Parks, Medians, and Detention Basin Landscape Maintenance Program,
In accordance with the Program contract specifications, staff has contacted Excel regarding extending the contract for FY25. Excel has agreed to an Extension and Amendment to the contract and an increase in the contract price based on the change in the CPI forthe Riverside - San Bernardino -Ontario, CA Area for all Urban Areas for March of 2024. The change in the CPI for March 2024 represents an increase of 4.3%. Excel has provided the City with satisfactory service throughout the term of the contract. • That the City Council authorize the City Manager to execute and authorize the City Manager or his designee to administer the terms of Amendment No. 1 to the Contract for FY25 and FY26 with Merchants Building Maintenance, LLC (MBM) in the not to exceed amount of $157,993 for the Janitorial Services for City Facilities program. • That the City Council authorize the City Manager to execute and authorize the City Manager or his designee to administer the terms of the First Extension and Amendment to the Contract for FY25 with APT Solar Company in the not to exceed amount of $15,000 06/24/2024 City Council Agenda
130

to provide operations, maintenance, and monitoring services for City -owned solar facilities at various facilities within the City of Yucaipa.
• That the City Council authorize the City Manager to execute and authorize the City Manager or his designee to administer the terns of the First Extension and Amendment to the Contract for FY25 and FY26 with Duthie Power Services in the not to exceed amount of $40,000 per year, to provide generator maintenance, repair, and fueling services as requested for the City of Yucaipa.
• That the City Council authorize the City Manager to execute and authorize the City Manager or his designee to administer the terms of the First Extension and Amendment to the Contract for FY25 and FY26 with JCA Engineering in the not to exceed amount of $100,000 (per year) to provide on -call professional electrical engineering design services as requested for the City of Yucaipa,
• That the City Council authorize the City Manager to execute and authorize the City Manager or his designee to administer the terms of the First Extension and Amendment to the Contract for FY25 and FY26 with Design West Engineering in the not to exceed amount of $30,000 (per year) to provide on -call professional electrical engineering design services as requested for the City of Yucaipa.
• That the City Council authorize the City Manager to execute and authorize the City Manager or his designee to administer the terms of the First Extension and Amendment to the Contract for FY25 and FY26 with Hartzog & Crabill in the not to exceed amount of $100,000 (per year) to provide on -call professional transportation and traffic engineering services as requested for the City of Yucaipa.
• That the City Council authorize the City Manager to execute and authorize the City Manager or his designee to administer the terms of the First Extension and Amendment to the Contract for FY25 and FY26 with Fehr & Peers in the not to exceed amount of $50,000 (per year) to provide on -call professional transportation and traffic engineering services as requested for the City of Yucaipa.
• That the City Council authorize the City Manager to execute and authorize the City Manager or his designee to administer the terms of the First Extension and Amendment to the Contract for FY25 and FY26 with Michael Baker International in the not to exceed amount of $50,000 (per year) to provide on -call professional transportation and traffic engineering services as requested for the City of Yucaipa. • That the City Council authorize the City Manager to execute and authorize the City Manager or his designee to administer the terms of the first Extension and Amendment to the Contract for FY25 and FY26 with CBRE, Inc. (formally Integra Realty Resources) in the not to exceed amount of $50,000 (per year) to provide on -call professional real estate appraisal services as requested for the City of Yucaipa. • That the City Council authorize the City Manager to execute and authorize the City Manager or his designee to administer the terms of the First Extension and Amendment to 06/24/2024 City Council Agenda
131

the Contract for FY25 and FY26 with Bender Rosenthal, Inc. in the not to exceed amount of $50,000 (per year) to provide on -call professional real estate appraisal services as requested for the City of Yucaipa.

Development Services — New Agreements
• That the City Council authorize the City Manager or his designee to administer the terms of the contract with Animal Pest Management Services, Inc. in the amount of $55,112 ($50,112 for monthly service and $5,000 for emergency services) per year for the Gopher and Rodent Control Program — Project No. 11215.
• That the City Council authorize the City Manager or his designee to administer the terms of the contract with Excel Landscape, Inc. in the amount of $352,028.19 ($282,028.19 for monthly maintenance and $70,000 for repairs) per year for the Plans and Special Provisions for Landscape Lighting Maintenance District — Project No. 11213. • That the City Council authorize the City Manager or his designee to administer the terms of the contract with Econolite in the amount of $150,000 ($47,000 for monthly maintenance and $103,000 for repairs) per year for the Providing Traffic Signal Maintenance Services program.
• That the City Council authorize the City Manager or his designee to administer the terms of the contract with B&R Consulting Engineers, Inc. in the amount of $400,000 for on -call Professional Project Engineering, Construction Contract Administration, Coordination and Inspection/Survey Services for FY25-FY27.
• That the City Council authorize the City Manager or his designee to administer the terms ofthe contract with Southstar Engineering Consulting, Inc. in the amount of $100,000 for on -call Professional Project Engineering, Construction Contract Administration, Coordination and Inspection/Survey Services for FY25-FY27. • That the City Council authorize and City Manager or his designee to administer the terms of the contract with Terracon in the amount of $100,000 for on -call Material and Soils Inspection and Testing Services for FY25-FY27.
• That the City Council authorize the City Manager or his designee to administer the terms ofthe contract with Geocon West, Inc. in the amount of $100,000 for on -call Material and Soils Inspection and Testing Services for EY25-FY27.
• That the City Council authorize and authorize the City Manager or his designee to administer the terms of the contract with Fenagh Engineering and Testing in the amount of $50,000 for on -call Material and Soils Inspection and Testing Services for FY25-FY27. • That the City Council authorize the City Manager or his designee to administer the terms of the contract with Geotek in the amount of $50,000 for on -call Material and Soils Inspection and Testing Services for FY25-FY27.
06/24/2024 City Council Agenda
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• That the City Council authorize the City Manager or his designee to administer the terrns of the contract with TICE Engineering, Inc. in the amount of S100,000 for on -call Professional Engineering & Land Survey Services for FY25-FY27. • That the City Council authorize the City Manager or his designee to administer the terns of the contract with B&R Consulting Engineers, Inc, in the amount of $100,000 for on -call Professional Engineering & Land Survey Services for FY25-FY27. • That the City Council authorize the City Manager or his designee to administer the terms of the contract with IMEG in the amount of $100,000 for on -call Professional Engineering & Land Survey Services for FY25-FY27.
• That the City Council authorize the City Manager or his designee to administer the terms of the contract with Hernandez, Kroone, & Associates Engineers and Land Surveyors in the amount of $100,000 for on -call Professional Engineering & Land Survey Services for FY25-FY27.
• That the City Council authorize the City Manager or his designee to administer the terms of the contract with Placeworks in the amount of $200,000 for on -call Planning and Environmental Review Services, Including CEQA Analysis for Entitlement of Private Land Developments for FY25-FY27.
• That the City Council authorize the City Manager or his designee to administer the terms of the contract with EPD Solutions, Inc. in the amount of $200,000 for on -call Planning and Environmental Review Services, Including CEQA Analysis for Entitlement of Private Land Developments for FY25-FY27.
• That the City Council authorize the City Manager or his designee to administer the terms of the contract with CASC in the amount of $200,000 for on -call Planning and Environmental Review Services, Including CEQA Analysis for Entitlement of Private Land Developments for FY25-FY27.
• That the City Council authorize the City Manager or his designee to administer the terms of the contract with EcoTierra Consulting in the amount of $200,000 for on -call Planning and Environmental Review Services, Including CEQA Analysis for Entitlement of Private Land Developments for FY25-FY27.
• That the City Council authorize the City Manager or his designee to administer the terms of the contract with MNS Engineers, Inc. in the amount of $200,000 for on -call Planning and Environmental Review Services, Including CEQA Analysis for Entitlement of Private Land Developments for FY25-FY27.
• That the City Council authorize the City Manager or his designee to administer the terms of the contract with Dudek in the amount of $300,000 for on -call Professional Environmental Services for Project Review, Including CEQA Analysis for Public Projects and Resource Agency Permitting and Mitigation for FY25-FY27. 06/24/2024 City Council Agenda
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• That the City Council authorize the City Manager or his designee to administer the terms of the contract with Plaeeworks in the amount of $250,000 for on -call Professional Environmental Services for Project Review, Including CEQA Analysis for Public Projects and Resource Agency Permitting and Mitigation for FY25-FY27.

Governmental Affairs
• Contract with Imperio Strategies, LLC. for education support services including mail, digital ad development and deployment in an amount not to exceed $210,000. This procurement is a sole -source contract that complied with the applicable provisions of the Purchasing Policy.

Community Services
• PropsAv, LLC provides technical director and production services for Yucaipa Performing Arts Center rentals and various special events throughout the year by PropsAv, LLC.

Estimated costs of $358,000 are calculated per event.
• Advantage Mailing LLC provides printing and mailing services for the Your Yucaipa Community Services Activity Guide three times a year at a cost of $60,000. • Calimesa Tech Services provides electrical support for special events including generators, power boxes, cables, and electrician support at a cost of $65,000. • The S.T.A.R.S. after school program has increased programming in FY 2024-2025. M&J Paul Enterprises Inc provides entertainment activities for the program and for city special events at a cost of $130,000.

Attachment 1 includes each vendor, a description of the service provided, a reference to the procurement method followed, and the dollar value of the contract.

FISCAL IMPACT
The costs associated with the agreements have been considered in the development of the adopted FY25 Budget and therefore no further fiscal impact is anticipated.

Attachment

1. Annual Procurements Summary
Approved by:
06/24/2024 City Council Agenda
134

ATTACHMENT 1
06/24/2024 City Council Agenda
135

General Services
Vendor
1 Microsoft
2 LAN WAN Enterprise IT Solutions
Community Services
Vendor
3 PropsAv, LLC
4 Advantage Mailing LLC
5 Calimesa Tech Services
6 M&J Paul Enterprises Inc
Governmental Affairs
Vendor
7 impede Strategies, LLC
Development Services
Vendor
8 Animal Pest Management Services, Inc
9 Allison Mechanical, Inc
10 Excel Landscape, Inc
11 Merchants Building Maintenance, LLC
12 APT Solar Company
13 Duthie Power Services
14 JCAEngineering
15 Design West Engineering
16 Hartzog & Crablll
17 Fehr & Peers
16 Michael Baker
19 CBRE, Inc
20 Bender Rosenthal, Inc
21 Animal Pest Management Services, Inc
22 Excel Landscape, lnc
23 Econolite
24 B&R Consulting Engineers, Inc
25 Southstar Engineering Consulting, Inc
26 Terracon
27 Geocon West, Inc
FY25 Annual Procurements Summary
Attachment 1
Amount
$ 60,000
$ 100,000
Amount
$ 356,000
$ 60,000
$ 65,000
$ 130,000
Amount
Description
Office 365 subscriptions
Contracted IT support
Description
Production services for YPAC
Printing and mailing services for the Your
Yucaipa Community Services Activity
Electrical for special events
S.T.A.R.S, programming
Description
$ 210,040 Mailing, digital ad development and deployment Amount Description
$ 7,053 Pest management
117,058
437,634
157,993
15,000
40,000
$ 100,000
$ 30,000
$ 100,000
$ 50,000
$ 50,000
On -call HVAC Operations and Maintenance Services
Park, median, and basin maintenance
Janitorial services for city facilities
Operations, maintenance and monitoring services
Generator maintenance, repair and fueling services
On -call professionat electrical engineering design
services
On -call professional electrical engineering design
services
On -call professional transportation and traffic
engineering services
On -call professional transportation and traffic
engineering services
On -call professional transportation and traffic
engineering services
$ 50,000 On -call professional real estate a ppraisel services 50,000 On -call processional reat estate appraisel services 55,112 Gopher and rodent control
352,029 Landscape lighting maintenance district
150,000 Traffic signal maintenance
0n-call professional project engineering,
construction contract administration, coordination
$ 400,000 and inspection/survey services
On -call professional project engineering,
construction contract administration, coordination
$ 100,000 and inspection/survey services
On -call material and soils Inspection and testing
$ 100,000 services
On -call material and soils Inspection and testing
$ 100,000 services
Method of Procurement
sole source - renewal
sate source - renewal
Method of Procurement
sate source - renewal
sole source - renewal
sole source - renewal
sole source - renewal
Method of Procurement
sole source
Method of Procurement
1st extension
2nd extension
2nd extension
amendment 1
1st extension
1st extension
1st extension
1st extension
1st extension
1st extension
1st extension
1st extension
1st extension
request for proposal
request for proposal

RFQ/RFP

RFQ/RFP

RFQ/RFP

RFQ/RFP

RFQ/RFP
06/24/2024 City Council Agenda
136

28 Fenagh Engineering and Testing
29 Geotek
30 TKE Engineering
31 B&R Consulting Engineers, Inc
32 I MEG
33 Hernandez, Kroone & Associates
34 Placeworks
35 EPD Solutions, Inc
36 CASC
37 EcoTierra Consulting
38 MNS Engineers, Inc
39 Dudek
40 Placeworks
❑n-call material and soils inspection and testing
$ 50,000 services
On -call material and soils inspection and testing
$ 50,000 services
$ 100,000 Professional engineering and land survey services $ 100,000 Professional engineering and land survey services $ 100,000 Professional engineering and land survey services $ 100,000 Professional engineering and land survey services

RFQ/RFP

RFQ/RFP

RFQ/RFP

RFQ/RFP

RFQ/RFP

RFQ/RFP
$ 200,000 0n•call planning and environmental review services RFQ/RFP $ 200,000 On-catl planning and environmental review services RFQIRFP $ 200,000 On -call planning and environmental review services RFQ/RFP $ 200,000 On -call planning and environmental review services RFQ/RFP $ 200,000
$ 300,000
$ 250,000
On -call planning and environmental review services
On -call professional environmental services
On -call professional environmental services

RFQ/RFP

RFQ/RFP

RFQ/RFP
06/24/2024 City Council Agenda
137

Agenda Item No. 14
TO:

FROM:

CITY OF YUCAIPA

AGENDA REPORT
Honorable Mayor and City Council
Phil White, Director of Finance
Cortney McRae, Human Resources Manager
FOR: City Council Meeting of June 24, 2024
SUBJECT: Fiscal Year 2024-2025 Salary Schedules
RECOMMENDATION:

That the City Council:

1. Adopt Resolution No. 2024-27, adopting the General Unit Salary, Benefit, and Classification Plan; and

2. Adopt Resolution No. 2024-28, adopting the Management, Supervisory, and Confidential Employee Benefit and Classification Plan,
BACKGROUND / DISCUSSION:

At the June 10, 2024 City Council meeting, City Council adopted the Fiscal Year 2024-2025 Operating Budget. Included in this budget were salary and benefit costs based on the new Salary Schedules presented here. These Salary Schedules include the changes listed below.

Labor Negotiations:

The City is entering the second year of a two-year agreement, which will expire June 30, 2025, with both the General Employees Unit and the Management, Supervisory, and Confidential (MSC) employees. Both agreements include a 4.4% Cost -of -Living Adjustment (COLA) effective with the first full pay period ofJuly 2024. The new salary schedules with thi§-COLA are memorializedthrough Resolution No. 2024-27 for the General Employees Unit and Resolution No. 2024-28 for the MSC employees.

Assembly Bill 1484
On October 10, 2023, Governor Newsom approved Assembly'Bill 1484 (A81484) whiclistates that temporary employees who "perform the same or similar type of work that is being performed by permanent employees represented by a recognized employee organization" are entitled to be included in any MOUs as a separate addendum for "bargained for terms and conditions of employment for temporary workers."
06/24/2024 City Council Agenda
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Of the City's temporary, part-time employees, the only classification that would fit the criteria is our temporary, part-time maintenance workers as this classification essentially performs the same duties as the full-time maintenance workers, simply with more supervision.

The City's solution to this is to eliminate the part-time maintenance worker classification by reallocating some of the positions to a new regular, full-time classification of Assistant Maintenance Worker. Historically, between four and seven temporary, part-time maintenance workers have been employed at any given time. Moving forward, those part-time positions would be eliminated, and three full-time Assistant Maintenance Worker positions would be created and added to the Salary Schedule — two fully allocated to Streets, and thus fully funded by Gas Tax, and one with a 50/50 allocation between Parks and Streets, thus 50% funded by Gas Tax. By adding 2.5 new positions to street maintenance, we are not only abiding by the State's mandate, but also working towards City Council's goal of improving road maintenance. The financial result of the elimination of the four to seven part-time positions and creation of three full-time positions is cost neutral. With Gas Tax funding the newly created positions, there is a slight net savings to the General Fund.

El Dorado / Five Winds Ranch
The scope of the City's landscape contract includes work at El Dorado Park, The work was added to the contract in the 3' quarter of FY24. During FY25 budget preparation, it was identified that the fully burdened cost of an Assistant Maintenance Worker is less than the cost of the increased scope of the landscape contract. Accordingly, this will result in a net savings to the City. The position will have the primary responsibility of landscape maintenance at El Dorado and additionally provide staff coverage to the park and campground. The position is being proposed as a solution to provide additional benefit at a lower cost to the City.

Adjusted Positions
In the Finance Department, the role of Accounting Manager was recently vacated. Staff is using this opportunity to restructure the position to a flexible position of Accounting Supervisor / Manager, similar to other flexible positions within the City such as Assistant / Associate Engineer or Planner.

Doing so provides the opportunity to fill the position at a supervisory level with the potential for the position to shift back into a management role if and when deemed necessary.

In the Community Services Department, one Community Services Coordinator position was recently vacated, Staff has decided not to fill this position at this time, thus eliminating one Community Services Coordinator position.

The Community Services Department also has a Community Services Specialist position that has yet to be filled. Staff has decided not to fill this position at this time, thus eliminating one Community Services Specialist position.

Frozen Positions
The FY25 budget includes the following five vacant and unfunded positions: (1) Director of Community Development, (l) Code Enforcement Supervisor, (1) Systems Analyst, (1) Network Support Specialist, and (1) Public Works / Park Ranger. 06/24/2024 City Council Agenda
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Summary
Below is a summary of all the changes presented on the Salary Schedules:

1. COLA increase of 4.4%;

2. Created four Assistant Maintenance Worker positions, Salary Range 1 ($40,692 - $50,819);

3. Reallocated the position of Accounting Manager, Salary Range 43 ($118,738 - $148,287) to Accounting Supervisor / Manager, Salary Ranges 36 / 43 ($99,890 - $124,749 / $118,738 - $148,287);

4. Eliminated one Community Services Coordinator position, Salary Range 20 ($65,053 - $81,242);

5. Eliminated one Community Services Specialist position, Salary Range 10 ($50,819 - $63,466); and

6. Reallocated the position of Management Analyst (Confidential), Salary Range 33 ($92,758 - $115,842) to Senior Management Analyst (Confidential), Salary Range 41 ($113,016 - $141,142).

FISCAL IMPACT:

Costs associated with the recommendations have been incorporated in the FY25 budget adopted by the City Council on June 10, 2024. No further fiscal impact is anticipated.

Attachment(s):

1. Resolution No. 2024-27, General Unit Salary, Benefit, and Classification Plan

2. Resolution No. 2024-28, Management, Supervisory, and Confidential Employee Salary, Benefit, and Classification Plan
Approved By:
06/24/2024 City Council Agenda
140

ATTACHMENT 1
06/24/2024 City Council Agenda
141

RESOLUTION NO. 2024-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, RESCINDING RESOLUTION NO. 2023-16, AND

APPROVING THE REVISED GENERAL UNIT EMPLOYEE SALARY,

BENEFIT, AND CLASSIFICATION PLAN
WHEREAS, it is necessary for the efficient operation of the affairs of the City that the City Council adopt a pay and classification plan.

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

Section 1. Resolution No. 2023-46 is hereby rescinded.

Section 2. The City Council hereby adopts Resolution No. 2024-27, approving the General Unit Salary, Benefit, and Classification Plan effective with the pay period beginning July 13, 2024, by:
a. Increasing the salary schedule for all effected positions, with the implementation of a Cost -of -Living Adjustment (COLA) effective with the pay period beginning July 13, 2024, by an amount equal to (4.4%); and b. Increasing the Medical health allotment benefit from $1,445 per month to $1,595 effective with the pay period beginning July 13, 2024, for employees hired prior to May 8, 2023; and
c. Eliminating one Community Services Coordinator position, Salary Range 20 ($65,053-$81,242); and
d. Eliminating one Community Services Specialist position, Salary Range 10 ($50,819-$63,466); and
e. Creating four Assistant Maintenance Worker positions, Salary Range 1 ($40,692-$50,819).

PASSED, APPROVED, and ADOPTED this 24th day of June 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
06/24/2024 City Council Agenda
142

CITY OF YUCAIPA

GENERAL EMPLOYEES UNIT

SALARY SCHEDULE
(Effective beginning July 13, 2024)
No
Position
Range
Salary Range
2 Accountant
27 77,328-96,572
2 Accounting Assistant
17 60,408-75,442
_
3 Administrative Assistant _
21 66,679-83,273
1 Administrative Technician
26 75,442-94,216
4 Assistant Maintenance Worker
1 40,692-50,819
2 Assistant Planner
31 85,355-106,597
Associate Planner _
35 94,216-117,663
3 Code Enforcement Officer
27 77,328-96,572
65,053-81,242
9S
Community Services Coordinator
20 42
Community Services Specialist
10 50,819-63,466
1 Development Services Technician
23 70,055-87,489
1 Geographic Information Systems Technician
21 66,679-83,273
1 Information Technology Technician
10 50,819-63,466
8 Maintenance Worker I
10 50,819-63,466
Maintenance Worker II
14 56,095-70,055
1 Network Support Specialist *
21 66,679-83,273
3 Office Assistant I
10 50,819-63,466
Office Assistant II
14 56,095-70,055
1 Senior Administrative Assistant (Public Works)
23 70,055-87,489
1 Senior Code Enforcement Officer
31 85,355-106,597
1 Senior Development Services Technician
25 73,602-91,918
2 Senior Maintenance Worker
18 61,918-77,328
4 Public Works ! Park Ranger *(')
25 73,602-91,918
Vacant and unbudgeted
Attachment to Resolution No. 2024-27
June 24, 2024
06/24/2024 City Council Agenda
143

ATTACHMENT 2
06/24/2024 City Council Agenda
144

RESOLUTION NO. 2024-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, RESCINDING RESOLUTION NO. 2023-15, AND

APPROVING THE REVISED MANAGEMENT, SUPERVISORY, AND

CONFIDENTIAL EMPLOYEE SALARY, BENEFIT, AND

CLASSIFICATION PLAN
WHEREAS, it is necessary for the efficient operation of the affairs of the City that the City Council adopt a pay and classification plan.

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

Section 1. Resolution No. 2023-15 is hereby rescinded.

Section 2. The City Council hereby adopts Resolution No. 2024-28, approoving the Management, Supervisory, and Confidential Employee Salary, Benefit, and Classification Plan effective with the pay period beginning July 13, 2024, by:
a. Increasing the salary schedule for all effected positions, with the implementation of a Cost -of -Living Adjustment (COLA) effective with the pay period beginning July 13, 2024, by an amount equal to (4.4%); and b. Increasing the Medical health allotment benefit from $1,445 per month to $1,595 effective with the pay period beginning July 13, 2024, for employees hired prior to May 8, 2023; and
c. Reallocating the position of Management Analyst (Confidential), Salary Range 33 ($92,758-$115,842) to Senior Management Analyst (Confidential), Salary Range 41 ($113,016-$141,142); and
d. Reallocating the position of Accounting Manager, Salary Range 43 ($118,73 8- $148,287) to Accounting Supervisor / Manager, Salary Range 43 ($118,738- S 148,287); and
PASSED, APPROVED and ADOPTED this 24" day ofJune, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V, Sauseda, MMC
Director of General Services/City Clerk
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CITY OF YUCAIPA

MANAGEMENT, SUPERVISORY, AND CONFIDENTIAL

SALARY SCHEDULE
(Effective beginning July 13, 2024)
No
Position
Range
Salary Range
1 Accountant (Confidential)
26 78,034-97,453
1 Accounting Supervisor
36 99,890-124, 749
Accounting Manager'
43 118,738-148,287
1 _Assistant City Engineer'
52 148,287-185,191
1 Assistant City Manager'''
63 194,566-242,986
3 Assistant Engineer 1
33 92,758-115,842
Associate Engineer '
41 113,016-141,142
1 City Manager'
Per contract
267,285-273,966
104,947-131,064
1 Code Enforcement Supervisor *
38 3
Community Services Supervisor
28 81,984-102,387
1 Construction Engineer
38 104,947-131,064
I
Deputy City Clerk / Deputy Rent Administrator / Records Technician (Confidential)
39 107,570-134,341
1 Deputy Director of Community Development / City Planner' 47 131,064-163,681
131,064-163,681
1 Deputy Director of Finance'
47 1
Deputy Director of Public Works 1
47 131,064-163,681
1 Director of Community Development''? *
57 167,773-209,526
1 Director of Community Services 1,2
57 167,773-209,526
1 Director of Development Services/City Engineer 1'2
62 189,820-237,060
1 Director of Finance 1'2
57 167,773-209,526
1 Director of General Services ( City Clerk 1,2
57 167,773-209,526
1 Director of Governmental Affairs / Public Information Officer '.2 57 167,773-209,526
I
Housing & Economic Development Analyst
28 _
81,984-102,387
68,970-86,135
1 Human Resources Assistant (Confidential)
21 1
Human Resources Manager'
43 118,738-148,287
1 Information Technology Manager'
43 118,738-148,287
I
Mu_ag A „alyst (Gen fdential)
3-
41 92,758 115,812
nt
Senior Management Analyst'Confidential)
113,016-141,142
1 Network Administrator (Confidential)
26 78,034-97,453
1 Public Safety Manager'
43 118,738-148,287
1 Public Works Analyst
28 81,984-102,387
1 Recreation Superintendent '
41 113,016-141,142
1 Senior Executive Assistant
34 95,077-118,738
1 Systems Analyst *
28 81,984-102,387
1 At -will employee
2 Department Head
Vacant and unbudgeted
Attachment to Resolution No. 2024-28
June 24, 2024
06/24/2024 City Council Agenda
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Agenda Item No. 15

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Chris Mann, City Manager
FOR: City Council Meeting of June 24, 2024
SUBJECT: Consider Adoption of Resolutions Placing the Yucaipa Public Safety and Essential Services Protection Measure on the November 5, 2024, General Municipal Election Ballot to Establish either a 1 Percent or 1.5 Percent General Transactions and Use (Sales) Tax
RECOMMENDATION:

That the City Council:
1) Adopt Resolution No. 2024-38, a resolution of the City Council of the City of Yucaipa, California, ordering the submission to the qualified electors of the City a measure establishing a one cent transactions and use (sales) tax or
Adopt Resolution No. 2024-39, a resolution of the City Council of the City of Yucaipa, California, ordering the submission to the qualified electors of the City a measure establishing a one and one half cent transactions and use (sales) tax; and 2) Adopt Resolution No. 2024-40, a resolution of the City Council of the City of Yucaipa, California, setting deadlines and priorities for filing written arguments and rebuttals regarding the City initiated transactions and use tax measure and directing the City Attorney to prepare an impartial analysis; and
3) Resolution No. 2024-41, a resolution of the City Council of the City of Yucaipa, California, stating its intention to expend the proceeds of the transactions and use tax from the Yucaipa Public Safety and Essential Services Protection Measure to prevent cuts to public safety services if approved by the voters at the November 5, 2024 General Election; and
4) Resolution No. 2024-42, a resolution of the City Council of the City of Yucaipa, California, directing the City Manager to execute cost-cutting measures as an alternative plan of fiscal sustainability should a sales tax measure fail to pass in the November 5, 2024 General Election.
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BACKGROUND/DISCUS SION:

When I delivered our annual budget to you last year, just three months into my job as City Manager, I shared that the City was operating in a structural deficit and had been doing so since 2019. This situation is approximately 15 years in the making, and the City attempted to address the problem by proposing a sales tax measure in 2020. However, following the failure of that measure, the City did not take action to correct course by establishing other significant revenue streams and/or making meaningful cuts in spending. Thus, the problem has grown worse over time.

Operating in a structural deficit is unsustainable, and we must develop a long-term solution to avoid eventual insolvency. A return to structural balance will require additional revenue, cost cutting measures, or a combination of the two. Due to the size of the deficit and the already lean City staffing, there is no way to solve the problem through spending cuts alone without cutting deeply into public safety services. Public safety is by far the largest portion of the City's budget.

Our contracts for police and fire services are projected to cost the City $23 million next fiscal year. 63% of the City's General Fund goes to public safety, whereas the net cost of all non-public safety City staff is only 9% of the budget. If we are to solve the deficit through cuts alone, there is simply not enough meat on the bone to get us there in any area other than public safety. That being said, if we are forced to cut public safety, there will need to be cuts throughout the organization and service levels across the board will be impacted. Yucaipa remains committed to ensuring our community continues to be a safe and desirable place to live, do business, and raise a family, but if sufficient additional revenues are not established, then significant cuts to public safety, road maintenance, parks, programming for youth and seniors, and other services that enable our high quality of life will be unavoidable.

Service reductions are particularly concerning in the area of public health, safety, and emergency response. In an emergency, seconds count. Approximately 80 percent of calls to the City of Yucaipa Fire Department are for medical emergencies, such as heart attacks, strokes, and car accidents. Without additional funding, the City will have to close one of our three fire stations and reduce firefighters and paramedics by approximately 30 percent. This is especially concerning given that resources are already spread thin, and we currently have a need to expand emergency medical response (i.e., the addition of a paramedic squad). With just two fire stations serving 55,000 residents spread out over 28 square miles, average response times will be significantly longer. Additional funds would help to ensure our first responders have the staffing and life-saving equipment they need to respond quickly and effectively, saving lives and protecting property.

Last year, there were over 700 robberies, burglaries, and thefts —including auto thefts —in Yucaipa. Without additional funding, the City will have no choice but to cut the number of patrol deputies in our police services contract. This will impact recently implemented programs such as the Solutions Oriented Policing (SOP) Team and the "saturation operations" which have been successfully decreasing the number of homeless individuals on our streets, shutting down known drug houses, and reducing homeless/drug-related crime throughout the City. Without additional revenue, we may no longer have the staffing for these programs to continue. 06/24/2024 City Council Agenda
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Without additional funding, the City will have to reduce community services programming, eliminating most programs that do not generate enough revenue to cover their own costs, which would lead to the elimination of many of our youth and senior programs. This will force us to close the community swimming pool, the senior center, and perhaps a number of our parks, scale back programming at the Yucaipa Performing Arts Center (YPAC) and reduce or eliminate festivals and celebrations such the Music and Arts Festival and 4th of July fireworks.

As we discussed in depth during our special town hall meeting on June 17th, we are now facing a $7.3 million deficit in the upcoming fiscal year. This deficit is a result of significant investments in infrastructure beginning in about 2008 (e.g., drainage basins, the YPAC, parks, Police Department, Fire Station 3, etc.), unrealized revenue expectations (i.e., commercial development that has not materialized at the levels predicted), and rising costs that have accumulated over time for everything from materials and labor to our contracts for police and fire services, all amid increased demand for services citywide as our population has grown. Using limited reserves to balance our long-term budget and service needs is not sustainable, and the time to make difficult decisions is now.

With decisions of this magnitude, the City wants to engage the community in a robust dialogue so that we can identify and prioritize the services that are most important to residents. The City recently worked with the professional polling firm FM3 to conduct a resident survey to identify the community's top priorities. Police, fire, and paramedic response, street repair, and services for youth and seniors topped the list.

Another component of our public engagement is the recently launched Financial Fixer Tool, an interactive online tool that puts residents in the driver's seat to develop a long-term solution to close our structural deficit. Residents can use this tool to view different scenarios involving cutting services and/or raising revenue to protect critical services. Initial feedback from the tool reinforces what the polling company found, and attendees of our June 17th meeting shared the same message: protect public safety at all costs. The results of our polling, and of the conversation with the community at the June 17th town hall meeting, seem to indicate that a sales tax measure may be the most widely acceptable solution to avoiding cuts to public safety and other desired services.

In order to prevent cuts to critical City services that include, among other things, police protection, fire and paramedic response, and services for youth and seniors, staff has prepared for City Council consideration a ballot measure for the November election to establish a City's sales tax of either one percent (1%) or one and a half percent (1.5%), depending on which direction the Council chooses.

This additional sales tax will not apply to many of the necessities upon which people rely, such as food, prescriptions, or services. The City's sales tax consultant, HdL, has reported that the estimated revenue for a 1% measure is $6 million per year and for a 1.5% measure $9 million per year.

A notable consideration is that state law places a cap on total sales tax of 9.25%. The current sales tax rate in San Bernardino County is 7.75%, which includes the statewide base sales tax of 7.25% and the 0.5% Measure I transportation tax administered by the San Bernardino County Transportation Authority (SBCTA) that was originally enacted by voters countywide in 1989. Of this 7.75%, only 1% of sales occurring within city limits flows to the City of Yucaipa. SBCTA has indicated that they intend to seek an increase of the Measure I sales tax in 2026. So, it is likely that the cap will be 06/24/2024 City Council Agenda
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reached, and Yucaipa residents will end up paying this sales tax anyway. Passing a city sales tax now, thus reserving that cap space for Yucaipa, will preserve our ability to keep sales tax dollars local instead of sending our money throughout the entire County.

Should Yucaipa voters pass a City sales tax, the proposed measure requires the establishment of an oversight committee to ensure the proper usage of the funds generated. In addition, once structural balance is reached, it will be critical that the City avoids entering into structural deficit again in the future. To that end, the Finance Depar liiient will work on a long-term financial plan for the Council's consideration, which will tie future spending increases to revenue growth.

California Elections Code Section 9222 and Revenue and Taxation Code Section 7285.9 authorize the City Council to place a general transactions and use (sales) tax measure on the ballot for consideration by the voters. California Constitution Article XIIIC, Section 2 (Proposition 218) requires that the voters approve such general tax by majority vote.

Attached are two resolutions to place the measure on the ballot.

Resolution No. 2024-38 (1% sales tax) or Resolution No. 2024-39 (1.5% sales tax) are the principal resolutions which call for the election and place the measure on the November 5, 2024, ballot. They contain the language of the proposed sales tax measure (and adopting ordinance) to be submitted to the voters and direct the City Attorney to prepare an impartial analysis of the measure pursuant to California Elections Code Section 9280. It is noted that because the California Depatliiient of Tax and Fee Administration (CDTFA - formerly known as the Board of Equalization) collects and administers local sales taxes, any draft local sales tax measure must be reviewed and approved by CDTFA before placement on the ballot. The City has been in contact with CDTFA and has secured their written approval of the tax measure's language.

Resolution No. 2024-40 sets deadlines and rules for how and when interested persons may submit arguments for or against the proposed City sales tax measure.

Under California Proposition 218, the upcoming November 5, 2024, Municipal General Election is an appropriate date to place a local, general tax measure on the ballot. Pursuant to California Government Code Section 53724(b) (Proposition 62) and Revenue and Taxation Code Section 7285.9, a two-thirds vote of the membership of the City Council is required to adopt these resolutions.

Additionally, Resolution No. 2024-41 was drafted per the request of Councilmember Garner for the purpose of stating the City's intention to expend the proceeds of the transactions and use tax from the Yucaipa Public Safety and Essential Services Protection Measure on public safety services if approved by the voters and for the creation of a Citizen's Oversight Committee.

Also attached is Resolution No. 2024-42, which directs staff to pursue significant and unavoidable cost-cutting measures should the sales tax fail to pass on the November ballot. Operating in a deficit is not sustainable. If the community is not successful in resolving the deficit with new revenues, deep organizational -wide cuts would be required to bring structural balance to the budget. The City has contemplated that scenario and is prepared to act accordingly. The operating budgetary deficit in the General Fund and Public Safety Fund combined in FY25 is $7.3 million. We are estimating that by 06/24/2024 City Council Agenda
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January 1, 2025, the continuing trend will push the deficit to $8 million. We have identified service level cuts of $8 million citywide. Resolution 2024-42, directing the City Manager to execute the cost- cutting plan should the sales tax measure fail, is attached to this report and includes Exhibit A, the cost-cutting list by service line. Cost-cutting measures to include:
• Closing one of the City's three fire stations (Station 2, located on Yucaipa Blvd.) and eliminating from our contract with Cal Fire all firefighter positions currently assigned to that station, saving an estimated $2 million annually.
• Reducing the cost of our contract with the San Bernardino County Sheriff's Department by $2 million, primarily through the elimination of Sheriff's Deputy positions (estimated 5-7 patrol deputy positions).
• Closing the Senior Center, saving an estimated $300,000 annually. • Closing the 7th Street Pool, saving an estimated $300,000 annually. • Reducing YPAC programming that does not achieve full cost recovery, saving an estimated $250,000 annually.
• Reducing Community Center programming that does not achieve full cost recovery, saving an estimated $250,000 annually.
• Identifying additional cuts to Community Services programming of $900,000. • Identifying cuts of $1 million in net costs of Development Services. • Identifying cuts of $1 million in net costs of support services. • Cost-cutting measures identified above include the freezing of any vacant, non -critical positions, and negotiating any combination of furloughs and/or layoffs with the Yucaipa City Employees Association.

It is important to note that costs are tracked by activity, so service level cost cuts are also presented by activity. The estimates are primarily comprised of staff reductions. For example, closing the doors at a fire station does not save $2 million, the savings come from not staffing the closed station. The support function continuously reorganizes based on the service levels it is supporting. As such, the cost -cuts to be determined will be achieved based on remaining service levels.

It is also important to note that, without sufficient additional revenues, it is likely that additional service level cuts will be required in FY26 as public safety costs are expected to rise significantly over the next couple of years.
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FISCAL IMPACT:

If passed by voters, it is estimated that a 1% sales tax will generate $6 million per year and a 1.5% sales tax will generate $9 million per year. The cost to the City to add a measure to the November ballot is pending from the San Bernardino County Registrar of Voters. The City will also need to spend some funds on public education, although the needed funds for this are already included in the approved budget for FY25.

Attachments:

1. Resolution No. 2024-38

2. Resolution No. 2024-39

3. Resolution No. 2024-40

4. Resolution No. 2024-41

5. Resolution No. 2024-42
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ATTACHMENT 1
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RESOLUTION NO. 2024-38

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

CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED

ELECTORS OF THE CITY THE YUCAIPA PUBLIC SAFETY AND

ESSENTIAL SERVICES PROTECTION MEASURE ESTABLISHING A

ONE CENT TRANSACTIONS AND USE (SALES) TAX
WHEREAS, the City of Yucaipa wishes the community to decide on whether to raise local revenue that cannot be taken by the state, or make significant budget cuts, including potential cuts to the number of Fire Stations, firefighters , and number of police officers on the street, street and pothole repair services, and local drinking water protection, which may impact 911 response and the ability of the City to keep public areas safe and clean; and WHEREAS, approximately 80 percent of calls to the City of Yucaipa Fire Department are for medical emergencies, such as heart attacks, strokes, and car accidents; and WHEREAS, without additional funding the City may have to close one of the three fire stations, reduce firefighters and paramedics by 30%, impacting the staffing and life-saving equipment first responders need to respond quickly and effectively and save lives; and WHEREAS, last year, there were over 700 robberies, burglaries, and thefts —including auto thefts —in Yucaipa; and
WHEREAS, without additional funding the City will be forced to cut up to half the City's police officers, which will reduce 911 emergency response times and the police patrols that help keep parks, business areas, and residents and their property safe; and WHEREAS, the need for additional funding is large enough that non-public safety reductions will not be enough to address the current structural budget deficit; and WHEREAS, without additional funds, the City will be forced to close the community pool and senior center and close up to half the City's park to address budget shortfalls, leading to the elimination of most of our youth, afterschool, and senior programs only which our families rely, and increasing the possibility that vacant, unused spaces could attract crime and homelessness; and
WHEREAS, the Measure as written incorporates strict accountability requirements such as a citizen's oversight committee, public disclosure of all spending, annual independent financial audits that ensure funds are used effectively and as promised, and legal requirement that all funds raised by this measure stay in Yucaipa for essential local services, without a penny being taken by the State;
WHEREAS, the City Council is committed to transparency and public engagement, and believes that submitting this measure to the electors is the best way to allow the community to have a direct say in the future of their city's services. 06/24/2024 City Council Agenda
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:

Section 1.

Findings and Incorporation. The City Council hereby finds that the above recitals are true and correct and incorporates the recitals into the body of this Resolution.

Section 2. City Council Actions. The City Council of the City of Yucaipa, California, does hereby order that:
(A) Pursuant to its rights and authority, the City Council does order submitted to the voters at the General Municipal Election to be held on November 5, 2024 the following question:

Yucaipa Public Safety and Essential Services Protection Measure; to prevent reducing police officers/firefighters/paramedics/fire stations, and to maintain other essential services, including 911 response, property crime/gang prevention, senior/youth/afterschool programs, homelessness prevention, street/pothole repair, and for general government use, shall a measure establishing a one -cent transactions and use (sales) tax providing approximately $6,000,000 (six million dollars) annually until ended by voters, requiring oversight, independent audits, spending disclosure, local control of all funds, be adopted?
YES
NO
(B) The text of the "Yucaipa Public Safety and Essential Services Protection Measure" that shall be submitted to the voters of the City of Yucaipa is attached as Exhibit "A" hereto and dated June 24, 2024. The City Clerk shall maintain a copy of the Measure and the proposed Ordinance and shall make the same available for public inspection upon request. (C) The vote requirement for the Measure to pass is a majority (50% + 1) of the votes cast.
(D) Pursuant to Section 10403 of the Elections Code, the City Council hereby requests the Board of Supervisors and Registrar of Voters of the County of San Bernardino to consolidate the ballot measure with the general election to be held on November 5, 2024.
(E) The City Manager or his designee shall pay all election expenses related to this Measure upon presentation of a sufficient invoice. (F) The City Clerk is hereby directed to file this Resolution with the Board of Supervisors and Registrar of Voters of the County of San Bernardino, on or before the deadline set by the Registrar of Voters for inclusion on the ballot for November 5, 2024.
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(G) In all particulars not recited by this Resolution, the election shall be held and conducted as provided by law for holding municipal elections, including but not limited to those provisions of Elections Code Section 10418.
(H) The notice of the time and place of holding the election is given and the City Clerk is authorized and directed to give such further notice in time, form, and manner required by law.
(I)
The City Clerk shall certify the passage and adoption of this Resolution.

Section 3. Effective Date. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED, and ADOPTED this 24th day of June, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
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ORDINANCE NO.

AN ORDINANCE OF THE PEOPLE OF THE CITY OF YUCAIPA

ADOPTING A ONE PERCENT GENERAL TRANSACTIONS AND USE
TAX
WHEREAS the People of the City of Yucaipa desire to impose a general transactions and use tax to support the provision of general municipal services and all lawful public purposes within the city, including but not limited to police, fire, paramedic, 911 emergency response, property crime/gang prevention, senior/youth/afterschool programs, homelessness prevention, and street/pothole repair; and
WHEREAS the California Revenue and Taxation Code permit the adoption of local transactions and use taxes for general purposes upon approval by a majority vote of the electorate; and
WHEREAS it is the intent of the City Council to adopt an ordinance that aligns with the provisions of state law to ensure efficient administration and minimal deviation from existing procedures used by the California Department of Tax and Fee Administration (CDTFA); and WHEREAS the City of Yucaipa aims to establish a tax ordinance that minimizes the cost of tax collection and the burden of record -keeping for retailers, while maximizing the benefits and revenue for the city's general fund; and
WHEREAS an independent annual audit will be conducted to ensure transparency and accountability in the use of tax proceeds, with findings presented to the City Council, a citizen oversight committee, and made available for public review; and WHEREAS the City Council finds that it is in the best interest of the residents of Yucaipa to ensure that the revenues generated from this tax are used effectively and efficiently to maintain and enhance city services.

THE PEOPLE OF THE CITY OF YUCAIPA DO HEREBY ORDAIN AS FOLLOWS Section 1. Incorporation of Recitals
The recitals set forth in the preamble to this ordinance are hereby incorporated by reference and made a part of this ordinance as if fully set forth herein. The People of the City of Yucaipa finds that each of those recitals is true and correct and relies upon them as a basis for adopting this ordinance.

Section 2. Adoption of Tax; Municipal Code Amendment
Chapter 3.18 adopting a one percent (1%) Transactions and Use Tax, set forth in Exhibit A to this Ordinance and incorporated as though written in full, is hereby adopted and added to the Yucaipa Municipal Code.
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Section 3. Amendments
This ordinance may be amended only by a majority vote of the registered voters of the City of Yucaipa voting on the proposed amendment at a regular or special election. Any proposed amendment to this ordinance shall be presented to the voters in compliance with the applicable provisions of the California Elections Code and other relevant state and local laws. The City Council may propose amendments for voter consideration in accordance with these requirements.

Section 4. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

The People of the City of Yucaipa hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 5. Legal Defense
The People of the City of Yucaipa desire that this Ordinance, if approved by the voters and thereafter challenged in court, be defended by the City Attorney. The City Attorney shall defend this Ordinance, appeal any adverse judgment against the constitutionality, statutory permissibility, and implementation, and take other such action as in his or her reasonable legal judgment is necessary to defend the Ordinance.

Section 6. Conflicting Measures
A. This measure is intended to be comprehensive. It is the intent of the People of the City of Yucaipa that in the event this measure and one or more other measures related to taxes appear on the same ballot, whether place on the ballot through a citizen initiative or by the City Council, the provisions of the other measure or measures shall be deemed to be in conflict with this measure.

B. In the even that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and all provisions of the other measure or measures shall be null and void.

C. If this measure is approved by a majority of the voters but does not receive a greater number of affirmative votes than any other measure appearing on the ballot regarding taxes, provisions of this measure shall tax effect to the extent that they are not in conflict with other said measures.

D. If this measure is approved by the voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting measure is later held invalid, this measure shall be self-executing and given full force and effect. 06/24/2024 City Council Agenda
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Section 7. CEQA
The People of the City of Yucaipa find that this Ordinance is not subject to the California Environmental Quality Act (CEQA) because pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) Section 10560(c)(3) (the activity is not a project as defined by Section 15378).

Section 8. Adjustment of Appropriations Limit.

Pursuant to Article XIIB of the Constitution of the State of California and applicable laws, the appropriations limit for the City of Yucaipa is hereby increased by the aggregate sum authorized to be levied by this tax for fiscal year 2024-25 and each year thereafter.

Section 9. Liberal Construction
This Ordinance shall be liberally construed to effectuate its purposes.

Section 10. Effective Date
This Ordinance shall take effect upon its approval by a majority of the electorate of the City of Yucaipa at the earliest date provided by law.

Section 11. Municipal Affair
The People of the City of Yucaipa hereby declare that, separately and together, the purposes encompassed by this Ordinance constitute municipal affairs. The People of the City of Yucaipa hereby further declare their desire for this Ordinance to coexist with any similar tax measures adopted by the city, county or state.

Section 12. Certification.

The City Clerk shall certify to the passage of this Ordinance, publish the same as required by applicable law, and forward a copy of the Ordinance to the California Department of Tax and Fee Administration.
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EXHIBIT A
Chapter 3.18

TRANSACTIONS AND USE TAX
Sec. 3.18.010. Title.

This chapter shall be known as the "City of Yucaipa Transactions and Use Tax Ordinance.' Sec. 3.18.020. Purpose and intent.

In enacting the City of Yucaipa Transactions and Use Tax Ordinance (this chapter), it is the purpose and intent of the people of the city to:
(1) Impose a retail transactions and use tax in accordance with the provisions of the Revenue and Taxation Code § 7251 et seq. and Revenue and Taxation Code § 7285.9 of the which may be used for general municipal services and all lawful public purposes of the city. (2) Adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the sales and use tax law of the state insofar as those provisions are not inconsistent with the requirements and limitations contained in part 1.6 of division 2 of the Revenue and Taxation Code.
(3) Adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the state board of equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the state board of equalization in administering and collecting the state sales and use taxes.
(4) Adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of part 1.6 of division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this chapter.

Sec. 3.18.030. Transactions tax rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the city, as it exists on the operative date of this chapter, and in the incorporated territory of the city as it may hereafter be amended through annexation, at the rate of one percent (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of the ordinance codified in this chapter.
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Sec. 3.18.040. Use tax rate.

An excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date of the ordinance codified in this chapter for storage, use or other consumption in the incorporated territory of the city, and in the incorporated territory of the city as it may hereafter be amended through annexation, at the rate of one percent (1 %) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

Sec. 3.18.050. Independent annual audit.

The proceeds resulting from the transactions and use tax imposed by this chapter shall be deposited into the city's general fund and shall be subject to the same independent annual audit requirements as other general fund revenue. The independent auditor's report, which shall include an accounting of the revenues received and expenditures made from the transactions and use tax, will be presented annually to the citizen oversight committee, the city council and made available for public review.

Sec. 3.18.060. Operative date.
"Operative date" shall mean the first day of the first calendar quarter commencing more than 110 days after the adoption of the City of Yucaipa Transactions and Use Tax Ordinance.

Sec. 3.18.070. Termination.

The transactions and use tax levied by this chapter shall commence on the operative date and shall continue thereafter until repealed or amended by the necessary vote of the registered voters of the city.

Sec. 3.18.080. Contract with state.

Prior to the operative date, the city shall contract with the state board of equalization to perform all functions incident to the administration and operation of this chapter; provided, that if the city shall not have contracted with the state board of equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

Sec. 3.18.090. Place of sale.

For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his or her agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state 06/24/2024 City Council Agenda
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sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the state board of equalization.

Sec. 3.18.100. Adoption of provisions of state law.

Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of part 1.6 of division 2 of the Revenue and Taxation Code, all of the provisions of the Revenue and Taxation Code § 6001 et seq. are hereby adopted and made a part of this chapter as though fully set forth herein.

Sec. 3.18.110. Limitations on adoption of state law and collection of use tax.

In adopting the provisions of part 1 of division 2 of the Revenue and Taxation Code:
(1) Wherever the state is named or referred to as the taxing agency, the name of the city shall be substituted therefor. However, the substitution shall not be made when:
a. The word "state" is used as a part of the title of the state controller, state treasurer, state board of control, state board of equalization, state treasury, or the constitution of the state. b. The result of that substitution would require action to be taken by or against the city or any agency, officer, or employee thereof rather than by or against the state board of equalization, in performing the functions incident to the administration or operation of this chapter. c. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the state, where the result of the substitution would be to:

1. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of part 1 of division 2 of the Revenue and Taxation Code, or;

2. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
d. In the Revenue and Taxation Code §§ 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828.
(2) The word "city" shall be substituted for the word "state" in the phrase "retailer engaged in business in this state" in section 6203 and in the definition of that phrase in section 6203. 06/24/2024 City Council Agenda
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Sec. 3.18.120. Permit not required.

If a seller's permit has been issued to a retailer under section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this chapter.

Sec. 3.18.130. Exemptions and exclusions.
(a) There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the state or by any city, city and county, or county pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law or the amount of any state -administered transactions or use tax.
(b) There are exempted from the computation of the amount of transactions tax the gross receipts from:
(1) Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. (2) Sales of property to be used outside the city which is shipped to a point outside the city, pursuant to the contract of sale, by delivery to such point by the retailer or his or her agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the city shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant the Vehicle Code § 4000 et seq., aircraft licensed in compliance with the Public Utilities Code § 21411, and undocumented vessels registered under the Vehicle Code § 9840, by registration to an out -of -city address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out -of -city and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
(3) The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of the ordinance codified in this chapter.
(4) A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of the ordinance codified in this chapter. (5) For the purposes of subsections (b)(3) and (b)(4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for 06/24/2024 City Council Agenda
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any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. (c) There are exempted from the use tax imposed by this chapter, the storage, use or other consumption in the city of tangible personal property:
(1) The gross receipts from the sale of which have been subject to a transactions tax under any state -administered transactions and use tax ordinance. (2) Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government. This exemption is in addition to the exemptions provided in sections 6366 and 6366.1 of the state Revenue and Taxation Code. (3) If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of the ordinance codified in this chapter.
(4) If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of the ordinance codified in this chapter. (5) For the purposes of subsections (c)(3) and (c)(4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. (6) Except as provided in subsection (c)(7), a retailer engaged in business in the city shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the city or participates within the city in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the city or through any representative, agent, canvasser, solicitor, subsidiary, or person in the city under the authority of the retailer.
(7) A retailer engaged in business in the city shall also include any retailer of any of the following: vehicles subject to registration pursuant to the Vehicle Code § 4000 et seq., aircraft licensed in compliance with the Public Utilities Code § 21411, or undocumented vessels registered under the Vehicle Code § 9840. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the city.
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(d) Any person subject to use tax under this chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to part 1.6 of division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

Sec. 3.18.140. Amendments.

All amendments subsequent to the effective date of this chapter to the Revenue and Taxation Code part 1 of division 2 relating to sales and use taxes and which are consistent with part 1.6 and part 1.7 of division 2 of the Revenue and Taxation Code, and all amendments to part 1.6 and part 1.7 of division 2 of the Revenue and Taxation Code, shall automatically become a part of this chapter, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this chapter.

Sec. 3.18.150. Enjoining collection forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or the city, or against any officer of the state or the city, to prevent or enjoin the collection under this chapter, or part 1.6 of division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

Sec. 3.18.160. Citizen oversight committee.
(a) A citizens' oversight committee is hereby established to independently review and advise upon the city's expenditure of proceeds generated by the transactions and use tax. The committee shall meet as necessary to discharge the responsibilities of the committee. All meetings of the committee shall be held in accordance with provisions of the Ralph M. Brown Act (Government Code § 54950 et seq.).
(1) The committee shall consist of five members, all of whom shall be residents of the city. The city shall initially post and publish notice soliciting applications for persons interested in being members of the committee and shall thereafter repost and republish notice soliciting applications as necessary to fill vacancies on the committee. The city council shall review all applications for eligibility and at a public meeting interview all eligible applicants and appoint five eligible applicants to serve as members of the committee. Each member of the committee shall serve for a term of two years and such service shall be at the pleasure of the city council. Three members of the committee shall constitute a quorum. Members of the committee shall not receive a stipend for their service. (2) The citizens' oversight committee shall annually review and report on a. The city's proposed and actual expenditure of proceeds generated by the transaction and use tax; and
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b. The independent annual audit prepared annually by the city. The committee's report shall be submitted to the city council for review and discussion at a noticed public meeting of the city council.
(3) The committee shalt not have authority to hire or retain its own staff, consultants, or contractors, but the city manager and city attorney shall provide such staff resources as are reasonably necessary to assist the committee with the discharge its duties under this chapter. 06/24/2024 City Council Agenda
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ATTACHMENT 2
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RESOLUTION NO. 2024-39

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

CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED

ELECTORS OF THE CITY A MEASURE ESTABLISHING A ONE AND

ONE HALF CENT TRANSACTIONS AND USE (SALES) TAX
WHEREAS, the City of Yucaipa wishes the community to decide on whether to raise local revenue that cannot be taken by the state, or make significant budget cuts, including potential cuts to the number of Fire Stations, firefighters , and number of police officers on the street, street and pothole repair services, and local drinking water protection, which may impact 911 response and the ability of the City to keep public areas safe and clean; and WHEREAS, approximately 80 percent of calls to the City of Yucaipa Fire Department are for medical emergencies, such as heart attacks, strokes, and car accidents; and WHEREAS, without additional funding the City may have to close one of the three fire stations, reduce firefighters and paramedics by 30%, impacting the staffing and life-saving equipment first responders need to respond quickly and effectively and save lives; and WHEREAS, last year, there were over 700 robberies, burglaries, and thefts —including auto thefts —in Yucaipa; and
WHEREAS, without additional funding the City will be forced to cut up to half the City's police officers, which will reduce 911 emergency response times and the police patrols that help keep parks, business areas, and residents and their property safe; and WHEREAS, the need for additional funding is large enough that non-public safety reductions will not be enough to address the current structural budget deficit; and WHEREAS, without additional funds, the City will be forced to close the community pool and senior center and close up to half the City's park to address budget shortfalls, leading to the elimination of most of our youth, afterschool, and senior programs only which our families rely, and increasing the possibility that vacant, unused spaces could attract crime and homelessness; and
WHEREAS, the Measure as written incorporates strict accountability requirements such as a citizen's oversight committee, public disclosure of all spending, annual independent financial audits that ensure funds are used effectively and as promised, and legal requirement that all funds raised by this measure stay in Yucaipa for essential local services, without a penny being taken by the State;
WHEREAS, the City Council is committed to transparency and public engagement, and believes that submitting this measure to the electors is the best way to allow the community to have a direct say in the future of their city's services. 06/24/2024 City Council Agenda
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:

Section 1.

Findings and Incorporation. The City Council hereby finds that the above recitals are true and correct and incorporates the recitals into the body of this Resolution.

Section 2. City Council Actions. The City Council of the City of Yucaipa, California, does hereby order that:
(A) Pursuant to its rights and authority, the City Council does order submitted to the voters at the General Municipal Election to be held on November 5, 2024 the following question:

Yucaipa Public Safety and Essential Services Protection Measure; to prevent reducing police officers/firefighters/paramedics/fire stations, and to maintain other essential services, including 911 response, property crime/gang prevention, senior/youth/afterschool programs, homelessness prevention, street/pothole repair, and for general government use, shall a measure establishing a one -and - one -half (1.5) cent transactions and use (sales) tax providing approximately $9,000,000 (nine million dollars) annually until ended by voters, requiring oversight, independent audits, spending disclosure, local control of all funds, be adopted?
YES
NO
(B) The text of the "Yucaipa Public Safety and Essential Services Protection Measure" that shall be submitted to the voters of the City of Yucaipa is attached as Exhibit "A" hereto and dated June 24, 2024. The City Clerk shall maintain a copy of the Measure and the proposed Ordinance and shall make the same available for public inspection upon request. (C) The vote requirement for the Measure to pass is a majority (50% + 1) of the votes cast.
(D) Pursuant to Section 10403 of the Elections Code, the City Council hereby requests the Board of Supervisors and Registrar of Voters of the County of San Bernardino to consolidate the ballot measure with the general election to be held on November 5, 2024.
(E) The City Manager or his designee shall pay all election expenses related to this Measure upon presentation of a sufficient invoice. (F) The City Clerk is hereby directed to file this Resolution with the Board of Supervisors and Registrar of Voters of the County of San Bernardino, on or before the deadline set by the Registrar of Voters for inclusion on the ballot for November 5, 2024.
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(G) In all particulars not recited by this Resolution, the election shall be held and conducted as provided by law for holding municipal elections, including but not limited to those provisions of Elections Code Section 10418.
(H) The notice of the time and place of holding the election is given and the City Clerk is authorized and directed to give such further notice in time, form, and manner required by law.
(I) The City Clerk shall certify the passage and adoption of this Resolution.

Section 3. Effective Date. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED, and ADOPTED this 24th day of June, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
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ORDINANCE NO.

AN ORDINANCE OF THE PEOPLE OF THE CITY OF YUCAIPA

ADOPTING A ONE AND ONE HALF PERCENT GENERAL

TRANSACTIONS AND USE TAX
WHEREAS the People of the City of Yucaipa desire to impose a general transactions and use tax to support the provision of general municipal services and all lawful public purposes within the city, including but not limited to police, fire, paramedic, 911 emergency response, property crime/gang prevention, senior/youth/afterschool programs, homelessness prevention, and street/pothole repair; and
WHEREAS the California Revenue and Taxation Code permit the adoption of local transactions and use taxes for general purposes upon approval by a majority vote of the electorate; and
WHEREAS it is the intent of the City Council to adopt an ordinance that aligns with the provisions of state law to ensure efficient administration and minimal deviation from existing procedures used by the California Department of Tax and Fee Administration (CDTFA); and WHEREAS the City of Yucaipa aims to establish a tax ordinance that minimizes the cost of tax collection and the burden of record -keeping for retailers, while maximizing the benefits and revenue for the city's general fund; and
WHEREAS an independent annual audit will be conducted to ensure transparency and accountability in the use of tax proceeds, with findings presented to the City Council, a citizen oversight committee, and made available for public review; and WHEREAS the City Council finds that it is in the best interest of the residents of Yucaipa to ensure that the revenues generated from this tax are used effectively and efficiently to maintain and enhance city services.

THE PEOPLE OF THE CITY OF YUCAIPA DO HEREBY ORDAIN AS FOLLOWS Section 1. Incorporation of Recitals
The recitals set forth in the preamble to this ordinance are hereby incorporated by reference and made a part of this ordinance as if fully set forth herein. The People of the City of Yucaipa finds that each of those recitals is true and correct and relies upon them as a basis for adopting this ordinance.

Section 2. Adoption of Tax; Municipal Code Amendment
Chapter 3.18 adopting a one and one half percent (1.5%) Transactions and Use Tax, set forth in Exhibit A to this Ordinance and incorporated as though written in full, is hereby adopted and added to the Yucaipa Municipal Code.
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Section 3. Amendments
This ordinance may be amended only by a majority vote of the registered voters of the City of Yucaipa voting on the proposed amendment at a regular or special election. Any proposed amendment to this ordinance shall be presented to the voters in compliance with the applicable provisions of the California Elections Code and other relevant state and local laws. The City Council may propose amendments for voter consideration in accordance with these requirements.

Section 4. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

The People of the City of Yucaipa hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 5. Legal Defense
The People of the City of Yucaipa desire that this Ordinance, if approved by the voters and thereafter challenged in court, be defended by the City Attorney. The City Attorney shall defend this Ordinance, appeal any adverse judgment against the constitutionality, statutory permissibility, and implementation, and take other such action as in his or her reasonable legal judgment is necessary to defend the Ordinance.

Section 6. Conflicting Measures
A. This measure is intended to be comprehensive. It is the intent of the People of the City of Yucaipa that in the event this measure and one or more other measures related to taxes appear on the same ballot, whether place on the ballot through a citizen initiative or by the City Council, the provisions of the other measure or measures shall be deemed to be in conflict with this measure.

B. In the even that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and all provisions of the other measure or measures shall be null and void.

C. If this measure is approved by a majority of the voters but does not receive a greater number of affirmative votes than any other measure appearing on the ballot regarding taxes, provisions of this measure shall tax effect to the extent that they are not in conflict with other said measures.

D. If this measure is approved by the voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting measure is later held invalid, this measure shall be self-executing and given full force and effect. 06/24/2024 City Council Agenda
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Section 7. CEQA
The People of the City of Yucaipa find that this Ordinance is not subject to the California Environmental Quality Act (CEQA) because pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) Section 10560(c)(3) (the activity is not a project as defined by Section 15378).

Section 8. Adjustment of Appropriations Limit.

Pursuant to Article XIIB of the Constitution of the State of California and applicable laws, the appropriations limit for the City of Yucaipa is hereby increased by the aggregate sum authorized to be levied by this tax for fiscal year 2024-25 and each year thereafter.

Section 9. Liberal Construction
This Ordinance shall be liberally construed to effectuate its purposes.

Section 10. Effective Date
This Ordinance shall take effect upon its approval by a majority of the electorate of the City of Yucaipa at the earliest date provided by law.

Section 11. Municipal Affair
The People of the City of Yucaipa hereby declare that, separately and together, the purposes encompassed by this Ordinance constitute municipal affairs. The People of the City of Yucaipa hereby further declare their desire for this Ordinance to coexist with any similar tax measures adopted by the city, county or state.

Section 12. Certification.

The City Clerk shall certify to the passage of this Ordinance, publish the same as required by applicable law, and forward a copy of the Ordinance to the California Department of Tax and Fee Administration.
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EXHIBIT A
Chapter 3.18

TRANSACTIONS AND USE TAX
Sec. 3.18.010. Title.

This chapter shall be known as the "City of Yucaipa Transactions and Use Tax Ordinance.' Sec. 3.18.020. Purpose and intent.

In enacting the City of Yucaipa Transactions and Use Tax Ordinance (this chapter), it is the purpose and intent of the people of the city to:
(1) Impose a retail transactions and use tax in accordance with the provisions of the Revenue and Taxation Code § 7251 et seq. and Revenue and Taxation Code § 7285.9 of the which may be used for general municipal services and all lawful public purposes of the city. (2) Adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the sales and use tax law of the state insofar as those provisions are not inconsistent with the requirements and limitations contained in part 1.6 of division 2 of the Revenue and Taxation Code.
(3) Adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the state board of equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the state board of equalization in administering and collecting the state sales and use taxes.
(4) Adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of part 1.6 of division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this chapter.

Sec. 3.18.030. Transactions tax rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the city, as it exists on the operative date of this chapter, and in the incorporated territory of the city as it may hereafter be amended through annexation, at the rate of one and one half percent (1.5%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of the ordinance codified in this chapter.
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Sec. 3.18.040. Use tax rate.

An excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date of the ordinance codified in this chapter for storage, use or other consumption in the incorporated territory of the city, and in the incorporated territory of the city as it may hereafter be amended through annexation, at the rate of one and one half percent (1.5%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

Sec. 3.18.050. Independent annual audit.

The proceeds resulting from the transactions and use tax imposed by this chapter shall be deposited into the city's general fund and shall be subject to the same independent annual audit requirements as other general fund revenue. The independent auditor's report, which shall include an accounting of the revenues received and expenditures made from the transactions and use tax, will be presented annually to the citizen oversight committee, the city council and made available for public review.

Sec. 3.18.060. Operative date.
"Operative date" shall mean the first day of the first calendar quarter commencing more than 110 days after the adoption of the City of Yucaipa Transactions and Use Tax Ordinance.

Sec. 3.18.070. Termination.

The transactions and use tax levied by this chapter shall commence on the operative date and shall continue thereafter until repealed or amended by the necessary vote of the registered voters of the city.

Sec. 3.18.080. Contract with state.

Prior to the operative date, the city shall contract with the state board of equalization to perform all functions incident to the administration and operation of this chapter; provided, that if the city shall not have contracted with the state board of equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

Sec. 3.18.090. Place of sale.

For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his or her agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state 06/24/2024 City Council Agenda
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sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the state board of equalization.

Sec. 3.18.100. Adoption of provisions of state law.

Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of part 1.6 of division 2 of the Revenue and Taxation Code, all of the provisions of the Revenue and Taxation Code § 6001 et seq. are hereby adopted and made a part of this chapter as though fully set forth herein.

Sec. 3.18.110. Limitations on adoption of state law and collection of use tax.

In adopting the provisions of part 1 of division 2 of the Revenue and Taxation Code:
(1) Wherever the state is named or referred to as the taxing agency, the name of the city shall be substituted therefor. However, the substitution shall not be made when:
a. The word "state" is used as a part of the title of the state controller, state treasurer, state board of control, state board of equalization, state treasury, or the constitution of the state. b. The result of that substitution would require action to be taken by or against the city or any agency, officer, or employee thereof rather than by or against the state board of equalization, in performing the functions incident to the administration or operation of this chapter. c. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the state, where the result of the substitution would be to:

1. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of part 1 of division 2 of the Revenue and Taxation Code, or;

2. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
d. In the Revenue and Taxation Code §§ 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828.
(2) The word "city" shall be substituted for the word "state" in the phrase "retailer engaged in business in this state" in section 6203 and in the definition of that phrase in section 6203. 06/24/2024 City Council Agenda
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Sec. 3.18.120. Permit not required.

If a seller's permit has been issued to a retailer under section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this chapter.

Sec. 3.18.130. Exemptions and exclusions.
(a) There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the state or by any city, city and county, or county pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law or the amount of any state -administered transactions or use tax.
(b) There are exempted from the computation of the amount of transactions tax the gross receipts from:
(1) Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. (2) Sales of property to be used outside the city which is shipped to a point outside the city, pursuant to the contract of sale, by delivery to such point by the retailer or his or her agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the city shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant the Vehicle Code § 4000 et seq., aircraft licensed in compliance with the Public Utilities Code § 21411, and undocumented vessels registered under the Vehicle Code § 9840, by registration to an out -of -city address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out -of -city and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
(3) The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of the ordinance codified in this chapter.
(4) A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of the ordinance codified in this chapter. (5) For the purposes of subsections (b)(3) and (b)(4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for 06/24/2024 City Council Agenda
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any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. (c) There are exempted from the use tax imposed by this chapter, the storage, use or other consumption in the city of tangible personal property:
(1) The gross receipts from the sale of which have been subject to a transactions tax under any state -administered transactions and use tax ordinance. (2) Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government. This exemption is in addition to the exemptions provided in sections 6366 and 6366.1 of the state Revenue and Taxation Code. (3) If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of the ordinance codified in this chapter.
(4) If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of the ordinance codified in this chapter. (5) For the purposes of subsections (c)(3) and (c)(4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. (6) Except as provided in subsection (c)(7), a retailer engaged in business in the city shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the city or participates within the city in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the city or through any representative, agent, canvasser, solicitor, subsidiary, or person in the city under the authority of the retailer.
(7) A retailer engaged in business in the city shall also include any retailer of any of the following: vehicles subject to registration pursuant to the Vehicle Code § 4000 et seq., aircraft licensed in compliance with the Public Utilities Code § 21411, or undocumented vessels registered under the Vehicle Code § 9840. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the city.
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(d) Any person subject to use tax under this chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to part 1.6 of division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

Sec. 3.18.140. Amendments.

All amendments subsequent to the effective date of this chapter to the Revenue and Taxation Code part 1 of division 2 relating to sales and use taxes and which are consistent with part 1.6 and part 1.7 of division 2 of the Revenue and Taxation Code, and all amendments to part 1.6 and part 1.7 of division 2 of the Revenue and Taxation Code, shall automatically become a part of this chapter, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this chapter.

Sec. 3.18.150. Enjoining collection forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or the city, or against any officer of the state or the city, to prevent or enjoin the collection under this chapter, or part 1.6 of division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

Sec. 3.18.160. Citizen oversight committee.
(a) A citizens' oversight committee is hereby established to independently review and advise upon the city's expenditure of proceeds generated by the transactions and use tax. The committee shall meet as necessary to discharge the responsibilities of the committee. All meetings of the committee shall be held in accordance with provisions of the Ralph M. Brown Act (Government Code § 54950 et seq.).
(1) The committee shall consist of five members, all of whom shall be residents of the city. The city shall initially post and publish notice soliciting applications for persons interested in being members of the committee and shall thereafter repost and republish notice soliciting applications as necessary to fill vacancies on the committee. The city council shall review all applications for eligibility and at a public meeting interview all eligible applicants and appoint five eligible applicants to serve as members of the committee. Each member of the committee shall serve for a term of two years and such service shall be at the pleasure of the city council. Three members of the committee shall constitute a quorum. Members of the committee shall not receive a stipend for their service. (2) The citizens' oversight committee shall annually review and report on a. The city's proposed and actual expenditure of proceeds generated by the transaction and use tax; and
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b. The independent annual audit prepared annually by the city. The committee's report shall be submitted to the city council for review and discussion at a noticed public meeting of the city council.
(3) The committee shalt not have authority to hire or retain its own staff, consultants, or contractors, but the city manager and city attorney shall provide such staff resources as are reasonably necessary to assist the committee with the discharge its duties under this chapter. 06/24/2024 City Council Agenda
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ATTACHMENT 3
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RESOLUTION NO. 2024-40

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

CALIFORNIA, SETTING DEADLINES AND PRIORITIES FOR FILING

WRITTEN ARGUMENTS AND REBUTTALS REGARDING THE CITY

INITIATED TRANSACTIONS AND USE TAX MEASURE AND

DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL

ANALYSIS
WHEREAS, the City Council has placed a measure to establish a transactions and use tax before the voters at the general election to be held on November 5, 2024; and WHEREAS, pursuant to Elections Code Section 9287, the City Council is given first priority to submit an argument in favor of a proposed City Council initiated measure and to select its member(s) to draft the argument; and
WHEREAS, pursuant to Elections Code Section 9280, the City Council may direct the City Attorney to prepare an impartial analysis of the measure.

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

Section 1.

Section 2.

Section 3.

Section 4.

In accordance with Elections Code Sections 9282(b) and 9283, arguments for or against the Measure, not exceeding 300 words in length and signed by no more than five (5) persons, may be submitted to the City Clerk prior to July 22, 2024 at 5:00 p.m. after which no arguments for or against the Measure may be submitted. The City Council authorizes any of its members, and/or up to four (4) other registered voters or elected/appointed officials with jurisdiction over all or part of the City, to file a written argument in favor of the Measure and submit it to the City Clerk by the deadline above.

In accordance with Elections Code Section 9285, rebuttal arguments, not exceeding 250 words and signed by no more than five (5) persons, may be submitted to the City Clerk prior to July 26, 2024, at 5:00 p.m.

In accordance with Elections Code Section 9280, the City Attorney is directed to file with the City Clerk an impartial analysis of the Measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the Measure, prior to July 22, 2024 at 5:00 p.m.

That during the period commencing July 22, 2024, and ending on August 1, 2024, the City Clerk shall make available for public inspection the arguments filed for and against the Measure as well as the impartial analysis. 06/24/2024 City Council Agenda
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Section 5. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED, and ADOPTED this 24th day of June, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
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ATTACHMENT 4
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RESOLUTION NO. 2024-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YUCAIPA, CALIFORNIA, STATING ITS INTENTION TO EXPEND

THE PROCEEDS OF THE TRANSACTIONS AND USE TAX FROM THE

YUCAIPA PUBLIC SAFETY AND ESSENTIAL SERVICES

PROTECTION MEASURE ON PUBLIC SAFETY SERVICES IF
APPROVED BY THE VOTERS AT THE NOVEMBER 5, 2024

ELECTION
WHEREAS, the City Council's first priority is ensuring that the City of Yucaipa is a safe community to live, work, and raise a family; and
WHEREAS, the adopted fiscal year 2024-2025 budget has significant deficits that are unsustainable and cannot be eliminated by cuts to non -safety services alone; and WHEREAS, under the law, the Yucaipa Public Safety and Essential Services Protection Measure would adopt a general transactions and use tax, which may be used for any lawful purpose and general municipal services; and
WHEREAS, the adoption of the Yucaipa Public Safety and Essential Services Protection Measure would allow the City Council to prevent cuts to 911 response, police and fire services, including preventing the closure of a fire station and elimination of sheriff deputy positions; and WHEREAS, the Yucaipa City Council commits to using the proceeds from the general transactions and use tax adopted by the Yucaipa Public Safety and Essential Services Protection Measure to prevent cuts to public safety services.

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

Section 1. The above recitals are true and correct and adopted by reference into the operative provisions of this Resolution.

Section 2. The City Council declares its intention to utilize the proceeds of the general transactions and use tax to prevent cuts to public safety services.

Section 3. Prior to consideration of the City's annual budget, the City Manager shall submit to the Citizen's Oversight Committee, established by the Yucaipa Public Safety and Essential Services Protection Measure, an expenditure plan showing the proposed expenditure of proceeds from the general transactions and use tax. The Committee shall report on the proposed expenditure plan to the City Council prior to adoption of the City's annual budget.
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Section 4. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED, and ADOPTED this 24th day of June, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
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ATTACHMENT 5
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RESOLUTION NO. 2024-42

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

CALIFORNIA, DIRECTING THE CITY MANAGER TO EXECUTE

COST-CUTTING MEASURES AS AN ALTERNATIVE PLAN OF FISCAL

SUSTAINABILITY SHOULD A SALES TAX MEASURE FAIL TO PASS
IN THE NOVEMBER 5, 2024 GENERAL ELECTION
WHEREAS, on June 10, 2024, the City Council adopted an operating budget and capital improvement program for fiscal year 2024-2025; and
WHEREAS, the Fiscal Year 2024-2025 Operating Budget and Capital Improvement Program is available on the City's website and on file in the Office of the City Clerk; and WHEREAS, the Fiscal Year 2024-2025 Operating Budget reflects an unsustainable ongoing structural deficit, in the amount of $7.3 million for this fiscal year alone; and WHEREAS, fiscal sustainability requires either revenue increases or service level reductions; and
WHEREAS, a community town hall discussion was held at the Yucaipa Performing Arts Center on July 17, 2024, to gather public input on the preferred course correction actions; and WHEREAS, the City Council has voted to place a sales tax measure on the ballot for the November 5, 2024, General Election.

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

Section 1.

The City Manager is directed, in the event the sales tax measure placed on the November 5, 2024 General Election ballot fails to be passed by voters, to execute organizational -wide service level adjustments in order to cut costs to levels that are supported by recurring revenues, to include, but not be limited to, services as listed in Exhibit A.

PASSED, APPROVED, and ADOPTED this 24th day of June, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
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Resolution 2024-42
Exhibit A
Cost -Cutting Measures — Alternative Course to Fiscal Sustainability Should a Sales Tax Measure Fail to Pass on the November 5, 2024 General Election Ballot Should a sales tax measure fail to pass on the November 5, 2024 General Election ballot, organizational -wide spending cuts will be required in order to balance current revenues with the cost of service lines and service levels. The operating budgetary deficit in the General Fund and Public Safety Fund combined in FY25 is $7.3 million. As the deficit continues to grow, by January 1, 2025, we are estimating that $8 million of annual costs will need to be cut to achieve balance. The following list identifies cuts by service line in order to achieve the $8 million target. Additionally, the estimated annual service level dollar value is included in brackets. The estimates reflect total cost savings, which are primarily comprised of staff reductions. For example, closing the doors at a fire station does not save $2 million; the savings come from not staffing the closed station. Cost-cutting measures to include:

Public Safety — Elimination of $4 million (20% of net cost) • Reduce the cost of the City's contract with the San Bernardino County Sheriff's Department by $2 million, primarily through the elimination of Sheriff's Deputy positions (estimated 5-7 patrol deputy positions). ($2M) • Close Fire Station #2 and eliminate all firefighter positions currently assigned to that station. ($2M)
Community Services — Elimination of $2 million net cost (100% of net cost) • Close the Senior Center. ($300K)
• Close the 7th Street Pool. ($300K)
• Reduce YPAC programming that does not achieve full cost recovery. ($250K) • Reduce Community Center programming that does not achieve full cost recovery. ($250K)
• Additional cuts of $900K to be determined. ($900K)
Development Services — Elimination of $1 million net cost (10% of net cost) • Cuts to be determined. ($1M)
Support — Elimination of $1 million (15% of net cost)
• Cuts to be determined. ($1M)
Cost-cutting measures identified above include the freezing of any vacant, non -critical positions, and negotiating any combination of furloughs and/or layoffs with the Yucaipa City Employees Association.
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Agenda Item No. 16

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 June 24, 2024
SUBJECT: Yucaipa Disposal 2023 Annual Report, Solid Waste Rate Adjustment, Annual Single -Family Residential Property Tax Roll Billing for Fiscal Year 2024-25 RECOMMENDATION:

That the City Council conduct a public hearing and subsequently:

1. Receive the 2023 Solid Waste Annual Report from Yucaipa Disposal; and

2. Approve the Residential Rate Adjustments, recommended by the Solid Waste Committee, implementing an increase to the franchise fee (from 10% to 20%), resulting in a 15-gallon rate increase of $4.57 (from $20.69 to $25.76), 30-gallon rate increase of $5.79 (from $26.17 to $31.96) and a 60-gallon rate increase of $7,65 (from $34.58 to $42.23); and

3. Approve the proposed Commercial Refuse Rate Adjustment, which includes Food Waste and Recycling (Recommended by Solid Waste Committee); and

4. Adopt Resolution No. 2024-43, approving the rates and requesting the County of San Bernardino to place collection of costs for single-family residential solid waste, organic waste, and recycling services for Fiscal Year 2024-2025 on the County of San Bernardino property tax roll pursuant to Chapter 8.28 of the Yucaipa Municipal Code; and

5. Authorize the City Manager to execute Contract Amendment No. 1 to the Amended and Restated Solid Waste Franchise Agreement with Yucaipa Disposal, Inc., adjusting the franchise fee and adding language for SB 1383 Program Requirements and Responsibility.

BACKGROUND/DISCUSSION:

Pursuant to a California Supreme Court Decision in 2006, refuse collection rates are subject to Proposition 218 requirements. To comply with the requirements of Prop 218, the City must conduct a public hearing not less than 45-days after mailing the notice, which must include the amount of the highest proposed fee; the basis upon which the fees were calculated; the reason for the fees; and the date, time and location of the public hearing on the proposed fees. Yucaipa Disposal (YD) mailed out notices to Yucaipa customers on May 8, 2024 (Attachment 3). If written 06/24/2024 City Council Agenda
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or verbal protests against the proposed fees are not presented by a majority of parcel(s) owners, the City may authorize the proposed fee increases.

On April 15, 2024, members of the Solid Waste Ad -Hoc Committee (Committee) met with City staff and representatives of Yucaipa Disposal to review and discuss the 2023 Annual Report, proposed rates for Fiscal Year (FY) 2024/25, and SB 1383 program updates.

The following details the issues discussed at the Committee meeting:
2023 Annual Report (AR)
The AR (Attachment 2) focuses on YD's performance and quality of service over the prior year.

Issues discussed in terms of the Annual Report include:

Commercial Food Waste Bin and Barrel Service — AB 1826 mandates organics recycling services (MORe) for certain commercial and multi -family establishments. In 2018 and 2020, the City adopted ordinances to meet the State mandates, which requires all businesses generating more than 4 cubic yards (in 2018) and 2 cubic yards (in 2020) of solid waste per week to recycle organics. As of December 2023, there are 145 commercial customers subscribed to food waste recycling compared to 84 customers in 2022. The marked increase is reflective of SB 1383 organics diversion implementation. Burrtec continues to coordinate with City staff to address account compliance statuses as needed.

Recycling Revenues, Processing Fees, and Contamination — The commercial and residential recycling revenues and processing fees comparisons from 2021 to 2023 are located on pages 5 - 7 of the AR. The commercial commingled recycling revenues (Table 7) increased over the prior year from $84,775.12 in 2022 to $86,473.09 in 2023. The residential commingled recycling revenues (Table 8) decreased over the prior year from $90,271.94 in 2022 to $65,213.25 in 2023. Residential recycling revenue is based on the recyclables recovered and sold from the blue barrels. The 2023 processing fees of $525,943.21 to sort residential commingled recyclables and dispose of all residential recycling residue (trash) creates an overall net cost of $460,729.96.

In addition, residential contamination (Table 9) increased from 30% in 2022 to 35% in 2023. Total residue tons increased from 1,784.12 tons in 2022 to 2,105.81 tons in 2023.

The Committee is recommending ongoing public education and outreach programs to minimize contamination along with running the "Right Stuff' campaign for another year.

Proposed Commercial & Residential Rate Adjustments — FY 2024/25 Per the City Council adopted rate -setting procedures, which are detailed in Section 17(C) of the current FA, the annual adjustment of rates is implemented July Pt of each year. Pursuant to the FA, the annual rate adjustment is based on: (1) increase/decrease in the landfill fee charged by the County of San Bernardino or other authorized landfill; (2) Operator fee shall be adjusted by 90% of the annual change in the Consumer Price Index (CPI) for the prior calendar year; and (3) 06/24/2024 City Council Agenda
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recycling rate adjustments based on collection, transportation, processing, non -recyclable disposal, community education, state/county/city reporting and recyclable revenue credits.

The commercial rate proposal is based on the FA terms identified above and the implementation of state -mandated residential food waste recycling and expanded commercial recycling requirements consistent with SB 1383, County of San Bernardino solid waste tip fee adjustments pursuant to the Waste Disposal Agreement (WDA), and recyclables commodity markets. The Committee is recommending the various commercial rates outlined in Attachment 3 - Exhibit A.

The residential rate proposal is based solely on the City's request for an increase to the Franchise Fee and changes in disposal and recyclables/organics processing costs. The proposed fees recommended by the Solid Waste Committee, implement an increase to the Franchise Fee (from 10% to 20%), resulting in a 15-gallon rate increase of $4.57 (from $20.69 to $25.26), 30-gallon rate increase of $5.79 (from $26.17 to $31.96) and a 60-gallon rate increase of $7.65 (from $34.58 to $42.23).

Single -Family Residential (SFR) Tax Roll Billing
On March 11, 2019, the City adopted Ordinance No, 373, amending Chapter 8.28 of the Yucaipa Municipal Code, to include provisions pertaining to County of San Bernardino property tax -roll billing for SFR solid waste, organic waste, and recycling service fees. As depicted in Table 1 of the AR, a total of 12,884 residential customers paid for services through tax roll billing and 701 customers pre -paid to prevent the fees from going on their tax bill.

Tax roll billing provides an efficient and streamlined billing method and addresses delinquent service fee collections. Over the past 6 years, the solid waste lien list for SFR has had a significant reduction in delinquencies, as detailed below:

FY 18/19
FY 19/20
FY 20/21
FY 21/22
FY 22/23
FY 23/24
# of
Delinquent
SFR Accounts:
911
602
49 24
38 44
projected
*As of June 2024
Resolution No. 2024-43 requests that the County of San Bernardino place the collection of costs for SFR solid waste, organic waste, and recycling services for FY 2024/25 on the County of San Bernardino tax roll, pursuant to Yucaipa Municipal Code Chapter 8.28. Upon Council approval of the residential rate adjustments and Resolution No. 2024-43, residents will pay refuse collection charges for the July 1, 2024 — June 30, 2025, service period when they remit their property tax payments to the San Bernardino County Auditor/Controller Treasurer/Tax Collector office, typically in October 2024 and April 2025. Residents will also have the option to pay the annual costs up front (payment must be received by YD on/before July 12, 2024) to avoid payments via tax roll billing.

Representatives from YD will present the 2023 Annual Report, program updates, and will respond to any questions that the Council may have.
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Solid Waste Franchise Agreement with Yucaipa Disposal Inc In 1993, the Yucaipa City Council entered into an agreement with YD for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services. Since then, the City has exclusively granted the Franchise Agreement (Agreement) to YD. In 2019, the Agreement was re -negotiated to a twenty (20) year term with automatic annual renewal in year ten (June 1, 2028) and termination after ten years of notice (except for termination for default or franchise transfer).

Part of the Agreement identifies franchise fees to be paid to the City. These fees are imposed by the City on the hauler for the excluvise rights to haul trash in the City of Yucaipa. The revenue from the fee collected is used to compensate the City for the economic impacts associated with that service such as wear and tear on City streets. When the Agreement was established in 1993, the franchise fee was set at 7% of the operator pickup fee, with a scheduled increase of 1 % per year. In 1996, the franchise fee reached 10% and has remained unchanged since. It's common for cities to review their franchise fees on a regular basis to evaluate the need to adjust. Over the last several months, City staff has worked with YD to negotiate the franchise fee. By increasing the franchise fee to 20% of the total rate, the City is expected to receive an additional $2.2 million, which is critical as the City faces a multi -million dollar budget deficit. YD has been a great partner to the City and offered to forgo the portion of the increase that's paid directly to them in an effort to reduce this year's increase to the residents.

In addition to the adjusted franchise fee, the Agreement will be amended to include language regarding program requirements of SB 1383 as required by CalRecycle. This section will delineate the roles and responsibilities of the hauler and the City.

FISCAL IMPACT:

By approving the amendment to the Franchise Fee, the City will see an increase to the General Fund of $2.2 million annually.

Attachments:

1. Yucaipa Disposal, Inc. 2023 Annual Report

2. Resolution No. 2024-43

3. Prop 218 Notice

4. Protests Received

5. Franchise Agreement — Amendment No. 1
Approved by:
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ATTACHMENT 1
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YUCAIPA DISPOSAL, INC.

ANNUAL REPORT FOR THE

CITY OF YUCAIPA

REPORT PERIOD
JANUARY 1, 2023 - DECEMBER 31, 2023
I3URRTEC
WASTE INDUSTRIES, INC.
"We'll Take Care Of It"
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TABLE OF CONTENTS
I. EXECUTIVE SUMMARY
1 II. SUMMARY OF THE YEAR'S ACTIVITIES
2 Table 1 — Residential Barrel Service Level Customers by Month 2 Table 2 — Commercial Service Summary
2 Table 3 — Commercial Recycling Bin & Barrel Service Summary 3 Table 4 — Commercial Food Waste Bin & Barrel Service Summary 3 III. REVENUE STATEMENTS
4 Table 5 — Fee Summary
4 Table 6 — Operator Fee
4 Table 7 — Commercial Commingled Recycling Revenue / (Cost) 5 Table 8 — Residential Commingled Recycling Revenue / (Cost) 5 Table 9 — Residential Residue Trends
6 Table 10 — Commercial and Residential Combined Total
6 IV. PROGRAM HIGHLIGHTS
6 Table 11 — Residential and Commercial Commingled Recycling Tons 6 Table 12 — Residential and Commercial Organics
7 Table 13 — Christmas Tree Recycling
7 Table 14— Used Oil Collection Activity
7 Table 15— Bulky Item Collection Summary
8 Table 16 — E-Waste Collection Activity
8 Table 17 — Mixed C&D/Inert/Metal/Wood Materials Recycled (Tons) 9 Table 18 — Outreach and Community Involvement (Continued on page 10) 9 Table 19 — Street Sweeping
10 Table 20 — Sharps Program
10 Table 21 - SB1383 Status
11 Table 22 - Procurement
11 Table 23 - Monitoring
11 V. AB 939 REPORTING REQUIREMENTS
12 Table 24 - Diversion Target
13 Table 25 - Mobile Home Park - Service Summary
13 Table 26 — Collection Program Diversions 2021 through 2023 13 Table 27 — Tonnage by Year and Category
13 Table 28 — Diversion Trend
14 VI. PROGRAM SUMMARY
14 VII. YUCAIPA DISPOSAL, INC. OFFICERS AND BOARD OF DIRECTORS 14 VIII. YUCAIPA DISPOSAL, INC. STOCKHOLDERS
14 Exhibit A — Mobile Home Park Service Level
15 Exhibit B — Newsletters
34 Spring 2023 Commercial and Residential Newsletters
35 Summer 2023 Residential Newsletter
39 Fall 2023 Residential and Commercial Newsletters
41 Winter 2023 Residential Newsletter
45 Exhibit C - Outreach
47 The Right Stuff- Recycling
48 Shred -It Events Flyers/Temporary Bin Rental (Summer and Fall) 50 Bears In Your Trash Can? Flyer
52 Commercial Recycling Program Brochure
54 Commercial Food Waste Program Brochure
56 Commercial Green Waste Program Brochure
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YUCAIPA DISPOSAL, INC.

ANNUAL REPORT
2023
I. EXECUTIVE SUMMARY
Yucaipa Disposal, Inc. prepares an Annual Report for the City of Yucaipa in accordance with the Franchise Agreement. This Annual Report covers key information and data for activities during January 1, 2023 through December 31, 2023.

The Annual Report is divided into eight sections as listed below.

Section I, Executive Summary, lists an overview of the information included in the Annual Report and the presentation format.

Section II, Summary of the Year's Activities, discusses residential and commercial service levels, key changes and program modifications and/or implementation.

Section III, Revenue Statement, provides a recap of the franchise and household hazardous waste fees paid to the City. It also includes recycling revenue information and a discussion of the recyclables commodities market.

Section IV, Program Highlights, gives detailed and specific information regarding the variety of services and programs offered by Yucaipa Disposal, Inc. This Section is divided into two subsections — Basic Collection Services and Customer and Community Services.

Section V, AB 939 Reporting Requirements, addresses the progress the City has made in achieving mandated diversion goals.

Section VI, Program Summary, provides information on the programs offered.

Sections VII and VIII provide information regarding Company officers, directors and stockholders.
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II.SUMMARY OF THE YEAR'S ACTIVITIES
A. Residential customers select either a 15-gallon, 30 gallon or 60-gallon trash barrel for household waste. Table 1 below shows the monthly customer count in each category based on the bi-monthly service billing summary reports.

Table 1 — Residential Barrel Service Level Customers by Month 60 Gal
30 Gal
15 Gal
Mobile
Home
Park
Totals
Special
Services
Single -Family Tax Roll
9,562
2,896
426
12,884
Single -Family Pre -Paid
373
245
83 701
Single -Family Direct Bill
98 20
3 121
Multi -Family
206
167
22 671
1,066
Total 2023
10,239
3,328
534
671
% of total
69%
23%
4%
5%
14,772
2,824
Total 2022
9,958
3,452
537
666
% of Total
68%
24%
4%
4%
14,613
2,819
Total2021
9,795
3,641
553
595
of total
67%
25%
4%
4%
14,584
2,074
As of December 2023, there were 512 single-family customers and 96 multi -family and mobile home park customers who were using the 15-gallon trash barrel option. This option was approved in November 2009 to provide a cost -saving alternative for low volume residential trash generators while also maximizing recycling and waste reduction efforts.

A list of the mobile home parks and their current services is included in Exhibit A.

Additionally, there are special services available which include accounts with extra trash, recycling and/or organic waste barrels, as well as accounts with manure waste barrels.

Please note that the 121 direct bill customers were not included in the 2023 tax roll billing for one of the following reasons: vacant property/non-billed account at the time of tax roll submittal, new residential start service after tax roll submittal, and residential service level changes during the tax roll year.

B. Commercial and multi -family customers may select either a 35-gallon,60-gallon barrel, 1.5 cubic yard, 3 cubic yard or 10 to 40 cubic yard container serviced once per week or as often as six times per week. Customers can also choose between a variety of service options: trash, recycling, green waste, or food waste. Table 2 summarizes the commercial containers as of December 31, 2023.

Table 2 — Commercial Service Summary
Container Type
Dec-21
Dec-22
Dec-23
Refuse Barrel
36 42
46 Green Waste Barrel
8 10
15 Organic Waste Barrel
N/A
N/A
196
Food Waste Barrel
66 77
135
Recycling Barrel
131
137
217
Green Waste Bin
90 99
99 Food Waste Bin
5 7
10 Recycling Bin
399
418
445
Refuse Bin
737
752
749
Roll -Off (Perm)
7 7
8 Roll -Off (Temp)
15 6
5 06/24/2024 City Council Agenda
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Starting from October 2009, a subsidy program was launched for commingled recycling services. The program allows businesses, mobile home parks and multi -family facilities subscribed to trash bin service to receive a recycling barrel or bin at no extra cost. As part of the state legislation, AB 341, Mandatory Commercial Recycling (MCR), and the corresponding City Ordinance No. 314 became effective on July 1, 2012.

The all-inclusive program where recycling services are available at no additional cost continues to be an ideal solution for businesses and multi -family establishments because the recycling costs are included with the trash service. The financial incentives are built into the commercial rate structure through avoided trash disposal and allows for more accurate tracking of recycling and diversion activities. Table 3 summarizes commercial and multi -family MCR participants.

Table 3 — Commercial Recycling Bin & Barrel Service Summary Container Type
Dec-21
Dec-22
Dec-23
Recycling
541
584
596
The commercial food waste recycling program began in July 2016. The program was implemented in response to the Mandatory Organic Recycling (MORe) legislation, AB 1826, that became effective April 1, 2016. AB 1826 mandates organics recycling services for certain commercial and multi -family establishments. In order to eliminate barriers, the City adopted an equalized food waste rate structure where a food waste recycling bin is available at a comparable rate as a trash bin. Program implementation included development, customer identification and outreach.

In December 2020, the City approved a mandatory organics recycling program (Ordinance, No. 398) where all businesses generating more than two cubic yards per week of solid waste are required to recycle organics as required by MORe. Table 4 summarizes commercial food waste recycling participation. As of December 2023, there are 145 commercial customers subscribed to food waste recycling. The marked increase is reflective of SB1383 organics diversion implementation. Burrtec continues to coordinate with City staff to address the status of non -compliant accounts.

Table 4 — Commercial Food Waste Bin & Barrel Service Summary Container Type
Dec-21
Dec-22
Dec-23
Food Waste
45 84
145
It should be noted that Burrtec's efforts to promote food waste recycling has proven to be effective with the total food waste subscribers increasing 72%. 06/24/2024 City Council Agenda
199

III. REVENUE STATEMENTS
A. Table 5 summarizes the franchise and household hazardous waste fees paid to the City in 2023.

Table 5 — Fee Summary
Month
Franchise Fees
HHW Fees
Monthly Totals
January
$47,233.88
$6,397.80
$53,631.68
February
$46,874.49
$6,408.20
$53,282.69
March
$47,137.69
$6,442.22
$53,579.91
April
$47,152.30
$6,412.61
$53,564.91
May
$47,713.74
$6,533.20
$54,246.94
June
$47,664.69
$6,396.88
$54,061.57
July
$47,627.11
$6,391.90
$54,019.01
August
$50,457.68
$6,169.07
$56,626.75
September
$51,602.54
$6,167.76
$57,770.30
October
$51,226.78
$6,123.43
$57,350.21
November
$52,452.06
$6,119.09
$58,571.15
December
$51,675.81
$6,109.48
$57,785.29
2023
$588,818.77
$75,671.64
$664,490.41
2022
$546,789.48
$76,488.63
$623,278.11
2021
$520,115.54
$74,019.01
$594,134.55
Franchise fees are computed as a percentage of the operator pick-up fee. Ten percent was used for 2023 and is the current franchise fee amount. Total Fees have increased since the last reporting year by over $40,000.

It should be noted that Yucaipa Disposal, Inc. is remitting franchise fees and household hazardous waste fees to the City based upon service billings rather than customer payments. This results in a cash flow benefit to the City and also provides for a more accurate audit process.

Table 6 shows the current operator fee effective July 1, 2023 for residential and commercial customers. These serve as the basis for the franchise fee payments listed in Table 5.

Table 6 — Operator Fee
Residential
15 Gallon Service
$14.28
30 Gallon Service
$14.28
60 Gallon Service
$19.79
Commercial
$8.24/cy
06/24/2024 City Council Agenda
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B. Tables 7 through 10 show the revenue, processing fees and net revenue/(cost) from processing and disposal of commercial commingled, C&D (Construction & Demolition) recycling and residential commingled recyclables at the material recovery facility.

Table 7 — Commercial Commingled Recycling Revenue / (Cost) Month
Commercial
Revenue
Commercial
Processing Fees
Commercial Net
Revenue (Loss)
January
$6,165.98
($18,021.84)
($11,855.86)
February
$5,851.10
($14,441.90)
($8,590.80)
March
$6,807.10
($18,341.97)
($11,534.87)
April
$8,008.06
($14,278.92)
($6,270.86)
May
$9,102.10
($16,530.35)
($7,428.25)
June
$8,862.23
($15,609.26)
($6,747.03)
July
$7,147.47
($15,055.87)
($7,908.40)
August
$6,846.37
($18,099.47)
($11,253.10)
September
$4,896.96
($12,753.09)
($7,856.13)
October
$7,151.66
($16,120.20)
($8,968.54)
November
$7,625.67
($16,669.07)
($9,043.40)
December
$8,008.39
($17,062.34)
($9,053.95)
2023
$86,473.09
($192,984.28)
($106,511.19)
2022
$84,775.12
($176,004.37)
($91,229.25)
2021
$113,548.47
($173,082.56)
($59,534.09)
Commingled Recycling Revenue/ Debt (cost) (Tables 7& 8) reflect the cost of sorting commingled recyclables and disposing of all residual waste. Recyclable Commodity values declined during 2023 for both commercial and residential sectors. Recycling revenue is based on the recyclables recovered and sold from the blue barrels and bins. Residential contamination is at 35%, with total residue tons increasing from 1,784.12 to 2,105.81.

Table 8— Residential Commingled Recvclina Revenue / (Cost Month
Revenue
Processing Fee
Net Revenue /
(Cost)
January
$5,053.03
($48,015.53)
($42,962.50)
February
$4,346.47
($35,818.44)
($31,471.97)
March
$5,023.65
($45,103.13)
($40,079.48)
April
$4,216.84
($37,071.70)
($32,854.86)
May
$4,759.43
($42,099.81)
($37,340.38)
June
$5,266.68
($44,516.30)
($39,249.62)
July
$3,023.26
($41,991.49)
($38,968.23)
August
$3,737.93
($48,710.03)
($44,972.10)
September
$6,344.28
($44,037.13)
($37,692.85)
October
$6,880.64
($42,693.75)
($35,813.11)
November
$7,882.25
($46,961.76)
($39,079.51)
December
$8,678.79
($48,924.14)
($40,245.35)
2023
$65,213.25
($525,943.21)
($460,729.96)
2022
$90,271.94
($466,085.30)
($375,813.36)
2021
$153,342.46
($503,050.87)
($349,708.41)
Table 9 includes the three-year residential recycling residue trend Yucaipa Disposal promoted the "Right Stuff" Rewards program in the Summer Newsletter to increase public awareness of the residential recycling program as a key element of the residue reduction campaign.
06/24/2024 City Council Agenda
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Table 9 - Residential Residue Trends
Period
Contamination
Residue tons
2023
35%
2,105.81
2022
30%
1,784.12
2021
30%
1,889.86
Table 10 shows the net revenue/(cost) of recyclable commodities for commercial and residential generators.

Table 10 - Commercial and Residential Combined Total
Year
Revenue
Processing Fees
Net Cost
2023
$151,686.34
$718,927.49
($567,241.15)
2022
$175,047.06
$642,089.67
($467,042.61)
2021
$266,890.93
$676,133.43
($409,242.50)
The revenue and processing fees only reflect those activities for the material recovery facility. The costs of collection, promotion, education and administration are additional program costs.

IV. PROGRAM HIGHLIGHTS
Table 11 shows the recycling tonnages recovered by sector including a three-year summary trend.

Table 11- Residential and Commercial
Commingled Recycling Tons
Month
Residential Tons
Commercial Tons
Total Tons
January
394.36
134.87
529.23
February
294.18
108.09
402.27
March
370.42
137.26
507.68
April
304.47
120.06
424.53
May
318.35
133.50
451.85
June
336.63
123.83
460.46
July
290.12
109.38
399.50
August
338.68
138.01
476.69
September
276.04
120.69
396.73
October
270.14
117.43
387.57
November
297.42
121.52
418.94
December
309.83
127.94
437.77
2023
3,800.64
1,492.58
5,293.22
2022
4,073.08
1,350.80
5,423.88
2021
4,435.64
1,458.92
5,894.56
Total recovered tonnages have decreased in the year 2023, based on lower residential recycling tons. However, commercial recycling tons increased slightly. Scavenging issues have not been entirely eradicated, as there is still value in certain recycling materials like CRV items. To discourage scavenging and donating recyclables to third - party entities, Yucaipa Disposal will continue to work on its anti -scavenging program by messaging commercial and multi -family businesses.

Table 12 includes a recap of both residential and commercial food waste and organics tonnages collected and diverted from the County landfill. 06/24/2024 City Council Agenda
202

Some of the organic waste material that is processed into compost and mulch is used by Yucaipa residents and the City as part of the organic waste recycling sustainability program which helps support SB1383 procurement requirements. The disposal cost increases are reflective of the residential and commercial food waste program implementation.

Table 12 — Residential and Commercial Organics
Month
Tons
Disposal Costs
January
848.53
$59,915.21
February
718.10
$49,904.34
March
954.12
$69,462.94
April
1,195.13
$85,207.04
May
1,272.72
$93,120.75
June
1,206.52
$87,667.71
July
887.80
$67,714.74
August
1,172.80
$91,498.38
September
1,099.51
$88,868.10
October
935.88
$74,971.86
November
899.72
$69,380.78
December
895.20
$68,806.53
2023
12,086.03
$906,518.38
2022
11,064.21
678,293.81
2021
11,648.28
$416,799.85
Christmas tree recycling took place between December 26th and January 12th. During this time, the trees were collected through curbside collection, and special collections that were arranged for the convenience of mobile home parks and multi -family complexes. The collected Christmas trees were then delivered to green waste processors to receive diversion credit. Furthermore, special Christmas mulch was offered on a first -come, first -serve basis for residents until the end of January at the Agua Mansa Material Recovery Facility.

Table 13 — Christmas Tree Recvclin
Year
Tons
2023

10.08 2022

7.98 2021

18.29 Table 14 summarizes the used oil and oil filters collection activity. Yucaipa Disposal continues to provide the used oil collection program. Under this program, participating residents have their used oil and filters collected at curbside. This program will continue to be highlighted in future residential newsletters.

Table 14 — Used Oil Collection Activit
Month
January-
March
April-
June
July-
September
October -
December
2023
2022
2021
Oil
2 4
4 0
10 10
15 Filters
0 0
0 0
0 0
0 Table 15 summarizes Yucaipa Disposal's on -demand bu ky item curbside collection program, which began in November 2000. This program allows residents to schedule a bulky item pick-up four times per calendar year, on specific days coordinated by the City and Yucaipa Disposal.
06/24/2024 City Council Agenda
203

Table 15 — Bulky Item Collection Summary
Time
Period
# of
Customers
Tons
Collected
Tons
Recycled
Tons
Landfilled
February
717

25.95 4.61

21.34 May
875

16.14 6.64

9.50 August
1,124

20.82 11.75

9.07 November
758

17.92 6.37

11.55 2023
3,474

80.83 29.37

51.46 2022
3,164

88.09 35.95

52.14 2021
3,420
120.51

86.41 34.10
Following is a list of items that are typically collected under the curbside bulky item collection program.

Televisions
Refrigerators
Toilets
Washers & Dryers
Sofas
Tables & Chairs
Barbecues
Dressers
Dishwashers
Mattresses & Box Springs
Doors
Electronic waste has been collected as part of the bulky item collection program since August 2003. Electronic waste or E-Waste includes computer monitors, televisions, stereos and computer processors. The table below summarizes the televisions and monitors collected as part of the curbside bulky item collection program.

Table 16 — E-Waste Collection Activit
Month
Televisions
Computer
Monitors
February
70 8
May
47 2
August
69 12
November
75 0
2023
261
22 2022
259
27 2021
272
22 Yucaipa Disposal also diverts metals, and construction and demolition materials in compliance with State CalGreen recycling requirements. The information is summarized on table 17.
06/24/2024 City Council Agenda
204

Table 17 - Mixed C&D / Inert / Metals (Tons)
Month
Mixed C &
Inert
Metal
Wood
January

65.40 12.12

0.00 0.00
February

48.74 9.55

0.00 0.00
March

37.24 8.00

0.00 0.00
April

42.58 34.29

4.34 0.00
May

44.63 41.01

0.00 0.00
June

46.93 0.00

0.00 0.00
July

49.91 38.36

2.26 0.00
August

58.68 20.13

1.83 0.00
September
113.96

59.11 0.00

0.00 October

90.11 16.00

0.00 0.00
November

91.89 214.61

0.00 0.00
December

72.13 81.77

0.00 0.00
2023
762.20
534.95

8.43 0.00
2022
541.58
184.19

92.49 0.00
2021
450.35
186.21

16.83 0.12
In 2023, a total of 14,569 newsletters were mailed out, which included four residential and two commercial / multi -family mailings - the balance of the residential newsletters were digitally available online via Burrtec's website. This is part of our standard Public Outreach and Education Program. With the introduction of SB1383 programs, additional outreach material was distributed. That included general organics recycling information, benefits of organic recycling, edible food recovery and best practices for residential, commercial and multi -family food waste recycling, including tutorial videos.

Newsletters highlight Yucaipa Disposal's programs as well as reinforce recycling opportunities and programs for residential and commercial customers. Copies of the newsletters are included in Exhibit B.

During 2023, Yucaipa Disposal participated in a number of community events and outreach activities to further reinforce SB1383 program elements. These activities are summarized in Table 18.

Table 18 - Outreach and Community Involvement
Date
Description
2/13/2023
MCR & MORe NON-COMPLIANCE NOTICE MAILING
3/28/2023

YUCAIPA CHRISTIAN PRESCHOOL PRESENTATION
4/20/2023

YUCAIPA LAND YACHT HARBOR MHP FW RECYCLING PRESENTATION AND Q&A 4/26/2023

COMMERCIAL/MULTI-FAMILY NEWSLETTER, MAILED WITH MAY BILLING 5/1/2023

ROLL -OFF NEWSLETTER, MAILED WITH MAY BILLING STATEMENT 5/13/2023

YUCAIPA SHRED EVENT & COMPOST GIVEAWAY - YUCAIPA COMMUNITY CENTER 5/17/2023

DUNLAP ELEMENTARY- CAREER DAY
6/27/2023

RESIDENTIAL/MULTI-FAMILY NEWSLETTER, MAILED WITH JUNE BILLING

STATEMENT
7/27/2023
BEARS AND SB 1383 FOOD WASTE REQUIREMENTS PRESENTATION
9/20/2023

RESIDENTIAL/MULTI-FAMILY NEWSLETTER, MAILED WITH SEPTEMBER BILLING

STATEMENT
9/30/2023
AUTUMN FESTIVAL & TOUCH "A" TRUCK
10/14/2023

YUCAIPA SHRED EVENT & COMPOST GIVEAWAY - YUCAIPA COMMUNITY CENTER 10/26/2023

COMMERCIAL/MULTI-FAMILY NEWSLETTER, MAILED WITH NOVEMBER BILLING

STATEMENT
10/27/2023

YUCAIPA DAYCARE- TOUCH A TRUCK
06/24/2024 City Council Agenda
205

Date
Description
11/1/2023

ROLL -OFF NEWSLETTER, MAILED WITH NOVEMBER BILLING STATEMENT 12/19/2023

MANDATORY COMMERCIAL RECYCLING AND ORGANICS ROLL OUT MAILING 12/19/2023

RESIDENTIAL, MULTI -FAMILY & MOBILE HOME NEWSLETTER, MAILED WITH

JANUARY BILLING STATEMENT
12/20/2023

COMMERCIAL NEWSLETTER, MAILED WITH JANUARY BILLING STATEMENT Public street sweeping services commenced in July 2019, with the aim of removing all debris from approximately 489 miles of curbs on designated residential, collector, and arterial streets. Table 19 provides a detailed breakdown of the tons of sweeping debris collected through October 2023. Beginning in November 2023, a new street sweeping company was contracted to perform this work.

Table 19 — Street Sweeping
Months
Tons Collected from Sweeping
January -March
165.00
April -June
152.00
July -September
187.32
October -December
237.70
2023
742.02
2022
648.00
Residential Sharps Collection Program began in October 2019. Residents may request Sharps containers for storing and proper disposal at no additional cost. Table 20 shows a breakdown of the sharp tons collected in the drop-off container located outside of the Yucaipa Police Department.

Table 20 — Sharps Program
Year
Tons Collected
2023

0.63 2022

0.27 2021

0.28 A. Short -Lived Climate Pollutant Reduction Strategy SB 1383:

Senate Bill 1383 is intended to improve air quality by reducing greenhouse gas emissions from the disposal of organic waste, including food and landscape waste. The bill also encourages the recovery and redistribution of edible food, the preservation of natural resources, and the conservation of limited landfill space. On January 10, 2022, the City of Yucaipa passed Ordinance 403 to implement the regulatory requirements.

Compliance
Burrtec has sent educational and outreach materials to all residential, commercial, and multi -family customers regarding the Mandatory Organics Recycling requirements under SB 1383. Additionally, a non-compliance mailing was sent to commercial and multi -family customers who were not subscribed to an organics program in January and May 2023 The following table summarizes the City's SB 1383 status as of December 31, 2023 with 96% compliance. Burrtec and city staff continue collaborating with new customers to meet state mandates. As of February 2024, the non -compliant numbers total 9 accounts. 06/24/2024 City Council Agenda
206

Table # 21 - SB1383 Status
Generator
Compliant
Not Compliant
Commercial
466
20 Multi -Family
95 4
2023
561
24 Proc urement
SB 1383 mandates that every city must purchase a specific amount of recovered organic waste products annually to meet their procurement targets. AB 1985 created a phase -in timeline for jurisdictions to procure the quantity of recovered organic waste products required by SB 1383 regulations. For 2023, 30 percent of the jurisdiction's procurement target is required and was attained.

Table #22 — Procurement
Year
Procurement
Target
Tonnage
Percentage
Completed
2023
992.00
300.31
31%
Compliance Monitoring & Enforcement
SB1383 requires the City's designee to monitor compliance randomly and through the use of compliance reviews, route review, investigation of complaints and inspections to comply with SB1383. Specifically, generators shall not place prohibited container contaminants in a collection container.

SB1383 also mandates that jurisdictions have an inspection and enforcement program that is designed to ensure overall compliance.

Lastly, jurisdictions must complete an annual compliance review of all solid waste collection accounts for commercial businesses that generate two cubic yards of more p4er week of solid waste.

In 2023, Burrtec conducted route reviews in 3% of the residential and 10% of the commercial/multi-family sectors. Burrtec will continue to work cooperatively with city staff to maximize voluntary compliance in residential, commercial, and multi -family sectors.

Below are the results of the 2023 compliance monitoring.

Table#23 - Monitoring
Contamination
MonitoringRoute
Reviews
Total
Routes
Reviewed
Total Violation
Notices
2023
Yes
17 401
Inspections
(SLCP)
Tier 1
Inspections
Tier 2
inspection
Food
Recovery
Commercial
Inspections
2023
0 0
0 159
Compliance
Review
Included in Compliance
Review
Not Recycling
Organics
2023
499
26 06/24/2024 City Council Agenda
207

Education, Outreach, & Community Involvement
With the implementation of SB 1383, Burrtec prepared and mailed outreach materials to all residential, commercial, and multi -family customers. Newsletters included the Mandatory Organics Recycling (SB 1383) requirements in April, August, and October 2023. In addition, a non-compliance mailing was sent to commercial customers not subscribed to an organics program in January and May of 2023. Additional community involvement information is included in Table 18.

The education and outreach topics covered in the newsletters included, but were not limited to, the following:
• Information related to the public health and safety and environmental impacts associated with the landfill disposal of organic waste. • Information regarding the methane reduction benefits of reducing the landfill disposal of organic waste, and the methods of organic waste recovery. • Information on methods for: the prevention of organic waste generation, recycling organic waste on -site, sending organic waste to community composting, and any other local requirements regarding organic waste. • Information on the organic waste generator's requirements to properly separate materials in appropriate containers.
• Information about commercial edible food generator requirements V. AB 939 REPORTING REQUIREMENTS
Beginning with the 2007 annual report, the Department of Resource Recycling and Recovery, (CalRecycle), modified the AB939 50% compliance measurement from solely a disposal and program based system to a per capita and employment based disposal factor. The City's population and employment factors are utilized to establish a target disposal rate of pounds per person per day (PPD) to measure and gauge AB939 compliance.

Table 24 shows that the City of Yucaipa is in compliance with the state's waste diversion requirements. Target numbers are "not to exceed" amounts in order to be compliant with diversion goals. The most recent 2023 data points are not yet available from the state.

4.5 4
• 3.5
3 if. 2.5
2 1.5
Population Based

4.5 5 4.5 45

3.5 3.1 3.1 3.2 3.2
3A
2017 2028 2019 2120 2021 2022
Year
� Ta gat
� FFD
35 30
N
R 25
20 15
10 Employment Based

32.4 32A 32.4 32.4 32.4 32.4

21.7 203 20.2

19.2 19.2 19.3
2017 2018 2019 2020 2021 2C22
Year
- Target
- PPo
06/24/2024 City Council Agenda
208

i
g
r
Table 24 — Diversion Targets
Basis
State
Target
2020
2021
2022
2023*
2022
Compliant
Population Based

4.5 3.2

3.2 3.5
*Not
available
Yes
Employment
Based

32.4 19.3

21.7 20.2
*Not
available
Yes
*Awaiting CalRecycle Review
Currently, 42 mobile home parks have subscribed to solid waste service, out of which 38 use bin service while 4 use both barrel and bin service. The mobile home parks have been successfully implementing their recycling programs. It is worth noting that all of these 42 mobile home parks have now made available both recycling service and organics waste service to their residents.

Table 25 shows the three-year trend for mobile home park recycling and organic waste services subscriptions.

Table 25 — Mobile Home Park — Service Summary
Year
Recycling
Green Waste
2023
42 42
2022
42 36
2021
42 34
Table 26 below shows a chart with a three- year trend (2021 — 2023) of diversion tonnages and Table 27 reflects the actual tonnage and diversion trends by waste stream, collected by Yucaipa Disposal for the past 3 years.
56,006
45,000.
aopOP
35,000.
3PpOP
25,000

20.,000.
15,006
10WD
5,006
Table 26— Collection Program Diversions 2021 through 2023 Tom ICollected Solid Wale Been Waste Food Waste
YEAR
■ 2321 ■ 2C22 12323
Table 27 - Tonnage by Year and Category
■ P
Total
Solid Waste
Green Waste
Food Waste
Recyclables
Year
Collected
Total
Tons
% of
Total
Total
Tons
% of
Total
Total
Tons
% of
Total
Total
Tons
% of
Total
2023
47,985
29,086

60.54%
12,087

25.20%
159

0.30%
5,303

11.10%
2022
46,466
28,989

62.38%
11,064

23.81%
113

0.24%
5,436

11.69%
2021
48,974
30,611

62.50%
11,648

23.78%
106

0.21%
6,608

13.49%
It should be reiterated that the tonnage listed on table 27 is the actual tonnage disposed of or recycled by Yucaipa Disposal. This does not include tonnage delivered to the landfill via self -haul. These figures are used for the annual report submitted to CalRecycle.
06/24/2024 City Council Agenda
209

Table 28 shows a three- year percentage diversion trend (2021 — 2023) for Yucaipa Disposal activities.

Table 28 — Diversion Trend
Year
Diversion
2023

39.38%
2022

37.61%
2021

37.96%
VI. PROGRAM SUMMARY
Below please find a comprehensive list of the solid waste and recycling programs offered by Yucaipa Disposal:
• Residue reduction campaign
• Mandatory commercial
recycling and organics
outreach
• Commercial trash/recycling
cost structure
• Comprehensive street
sweeping services
• Residential Sharps program
• Curbside bulky item collection
• Holiday Christmas tree collection
• Free mulch
• Anti -scavenging promotion
• Used oil collection
• Organic Waste Reduction Campaign
• Residential Organics including food
waste
VII. YUCAIPA DISPOSAL, INC. OFFICERS AND BOARD OF

DIRECTORS
The following is the current status of the Officers and Board of Directors:

Board of Directors
Cole Burr
Tracy A. Burr
Officers
Cole Burr
Tracy A. Burr
Tracy A. Sweeney
Michael Arreguin
Robert A. Coon
Trevor Scrogins
President/Chief Executive Officer
Secretary/Vice President
Chief Operating Officer/Vice
President
Vice President
Chief Financial Officer
Vice President, Operations
VIII. YUCAIPA DISPOSAL, INC. STOCKHOLDERS
Stockholders
Burrtec Waste Group, Inc.
100%
06/24/2024 City Council Agenda
210

Exhibit A - MHP Service Level
15 06/24/2024 City Council Agenda
211

MHP SERVICE LEVEL REVIEW
APRIL 2023
Total Billed
# of
Spaces
Commodity
Separate
from Base
Rent
Qty
Size
Freq
Rate
$ Rate
per
Space
Comment

BIN CUSTOMERS
1 ALADDIN
$2,363.47
96 Trash Yes
Recycling
Green Waste
Organics
HHW Fee
3 1
2 1

3.0 1.5

1.5 65 gal
3 4
1 1
$2,118.60
$0.00
$175.08
$40.03
$29.76
$24.62
add 1 organic 2/25/23
2 AVALON
$2,440.13
85 Trash Yes
Recycling
Green Waste
Organics
HHW Fee
3 1
1 3

3.0 1.5

3.0 65 gal
3 1
1 1
$2,118.60
$0.00
$175.09
$120.09
$26.35
$28.71
add 3 organics 2/18/23
3 BEL-AIRE
$3,087.69
111
Trash Yes
Locking Bin
Recycling
Green Waste
Organics
HHW Fee
4 2
1 1
1 3.0

3.0 3.0
65 gal
3 2
1 1
$2,824.80
$13.36
$0.00
$175.09
$40.03
$34.41
$27.82
3/15/23 decreased from 3yd
trash going 4x a week to 3x.
and 6 locking to 2 locking
add 1 organic 2/18/23
4 BONANZA
$2,291.64
83 Trash Yes
Recycling
Green Waste
Organics
HHW Fee
4 2
3 3

3.0 1.5

1.5 65 gal
2 2
1 1
$1,883.20
$0.00
$262.62
$120.09
$25.73
$27.61
add 3 organic 2/25/23
5 CARAVAN
$1,864.34
70 Trash Yes
Recycling
Green Waste
Green Waste
Organics
HHW Fee
2 1
1 1
2 3.0

3.0 3.0

3.0 65 gal
3 2
1 1
1 $1,412.40
$0.00
$175.09
$175.09
$80.06
$21.70
$26.63
add 2 organic 2/18/23
6 CARRIAGE
$3,079.95
97 Trash Yes
Green Waste
Recycling
Organics
HHW Fee
6 1
2 2

3.0 3.0

3.0 65 gal
2 1
1 1
$2,824.80
$175.09
$0.00
$80.06
$0.00
$31.75
add 2 organic 2/18/23
7 CRAFTON
HILLS
$5,953.92
159
Trash Yes
Recycling
Green Waste
Organics
HHW Fee
6 4
1 2

3.0 3.0

3.0 65 gal
4 3
1 1
$5,649.48
$0.00
$175.09
$80.06
$49.29
$37.45
add 2 organic 3/11/23
8 CRESTVIE
I
$3,084.81
145
Trash Yes
Recycling
Green Waste
Organics
HHW Fee
3 2
1 1

3.0 3.0

3.0 65 gal
4 2
1 1
$2,824.74
$0.00
$175.09
$40.03
$44.95
$21.27
add 1 organic 2/25/23
9 CRESTVIE
II
$2,155.36
55 Trash Yes
Recycling
Green Waste
Organics
HHW Fee
2 1
1 2

3.0 3.0

3.0 65 gal
4 2
1 1
$1,883.16
$0.00
$175.09
$80.06
$17.05
$39.19
add 2 organic 3/4/23
06/24/2024 City Council Agenda