Agenda packet — Yucaipa City Council, September 23, 2024 (part 1 of 6)

CITY OF
Justin Beaver, Mayor
Chris Venable, Mayor Pro Tem
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
AGENDA
City Council
Successor Agency • Housing Authority
September 23, 2024
City Hall - City Council Chambers
34272 Yucaipa Blvd., Yucaipa, California
Chris Mann, City Manager
Steven Graham, City Attorney
Ana V. Sauseda, City Clerk
The City Council serves as the Board for the Yucaipa Successor Agency and Commission for the Yucaipa Housing Authority.

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

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

Written public comment submitted on non -agenda items and on specific agenda items will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City's website at hgps://yucaipa.gov/agendas-minutes/. Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.
09/23/2024 City Council Agenda 1

Live stream/recording of City Council meetings:

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

Possible Live Stream Disruptions:

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

CLOSED SESSION — 5:00 PM
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - One Claim Claimant: Erica Wells
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure 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

PUBLIC SAFETY UPDATE
• Police
• Fire
• Code Enforcement

CITY COUNCIL CONFLICT OF INTEREST DISCLOSURE
In compliance with the Political Reform Act, Levine Act, and under Common Law, this agenda item provides an opportunityfor City Council members to disclose any potential conflicts of interest related to any other item on the agenda. The purpose of this disclosure is to ensure transparency and maintain public trust in the Council's decision -making process. 09/23/2024 City Council Agenda

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

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

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

1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF AUGUST 26, 2024 AND THE CANCELLED MEETING MINUTES OF SEPTEMBER 9, 2024.

RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority minutes of August 26, 2024 and the Cancelled Meeting Minutes of September 9, 2024.

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

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

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

4. SUBJECT: BIENNIAL REVIEW OF CITY'S CONFLICT OF INTEREST CODE RECOMMENDATION: That the City Council adopt Resolution No. 2024-57, amending the City's Conflict of Interest Code.

5. SUBJECT: MONTHLY REPORT ON YUCAIPA APP USAGE — AUGUST, 2024 RECOMMENDATION: That the City Council receive and file a report of the user activity on the Yucaipa App for the month of August, 2024.

6. SUBJECT: ADOPTION OF RESOLUTION NO. 2024-58, AMENDING THE 2024

CITY COUNCIL MEETING SCHEDULE
RECOMMENDATION: That the City Council adopt Resolution No. 2024-58, amending the 2024 City Council meeting schedule.
09/23/2024 City Council Agenda

7. SUBJECT: ARCTIC WOLF RENEWAL
RECOMMENDATION: That the City Council:

1. Approve and authorize the renewal of 155 Arctic Wolf user license subscriptions and 5 site sensor subscriptions, from Savant Solutions, Inc., in the amount of $63,388 for year 1, $71,093 for year 2, and $74,648 for year 3; and

2. Find that the public interest will not be best served by a formal proposal process, waive the formal solicitation of proposals/qualifications and award the Arctic Wolf renewal based on the quote submitted by Savant Solutions, Inc.; and

3. Approve a budget adjustment in the amount of $3,388 to meet the year 1 renewal amount of $63,388.

8. SUBJECT: MONTHLY TREASURER REPORTS JULY 2024 & AUGUST 2024 RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for July 2024 and August 2024.

9. SUBJECT: FISCAL YEAR 2024 & FISCAL YEAR 2025 BUDGET ADJUSTMENT REPORT — SEPTEMBER 2024
RECOMMENDATION: That the City Council:

1. Approve the Budget Adjustments Requiring of Council Approval (Attachments 1, 3 and 5); and

2. Receive and file the Staff Approved Budget Adjustments (Attachments 2 & 4).

10. SUBJECT: AWARD OF CONTRACT - YUCAIPA COMMUNITY CENTER RESTROOM RENOVATION -PROJECT NO. 11224
RECOMMENDATION: That the City Council:

1. Award and authorize the City Manager to execute a contract and the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, Preferred General Services of Apple Valley, CA, in the amount of $103,934.93 for the Yucaipa Community Center Restroom Renovation - Project No. 11224 (Project); and

2. Approve the amount of $10,000 for construction contract contingency and the amount of $5,000 for construction contract administration, staff time, and inspection costs for a total construction budget in the amount of $118,934.93; and

3. Authorize an amendment to the FY25 Capital Improvement Program (CIP) Budget to increase the Renovate Community Center Restroom (Park Capital Replacement Fund) project budget by $45,000 and decrease the 7th Street (Park) Rehabilitation (General Capital Projects Fund) project budget by $45,000; and
09/23/2024 City Council Agenda

4. Authorize the City Manager or his designee to administer the distribution of the contract contingency; and

5. Approve the plans and specifications prepared for the Project.

11. SUBJECT: LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 ZONE

QQ DORMANCY AGREEMENT
RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 2024-54 approving the Dormancy Agreement for Landscape and Lighting Maintenance District No. 1, Zone QQ; and

2. Authorize the City Manager to execute the Dormancy Agreement and authorize the City Manager or his designee to administer the terms of the Dormancy Agreement.

12. SUBJECT: ACCEPTANCE OF CONTRACT WORK - 13TH STREET SPORTS COMPLEX FACILITY PARKING LOT LIGHTING PHASE I — PROJECT NO. 11189 RECOMMENDATION: That the City Council:

1. Accept the contract work completed by Quality Light and Electrical in the amount of $58,805 for the 13th Street Sports Complex Facility Parking Lot Lighting Phase I — Project No. 11189; and

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

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

13. SUBJECT: FINAL PARCEL MAP 20525
RECOMMENDATION: That the City Council:

1. Approve Final Parcel Map No. 20525; and

2. Accept and authorize the recordation of the map from JSAMJ, Inc.

14. SUBJECT: AWARD OF CONTRACT - INSTALLATION OF CITY FURNISHED HIGH BAY LED LIGHT FIXTURES AND LIGHTING EQUIPMENT AT THE 7TH ST.

COURTS (12385 7TH ST.) — PROJECT NO. 11213
RECOMMENDATION: That the City Council:

1. Award and authorize the City Manager to execute a contract, and the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, LogicLamp Technologies of Fullerton, CA in the amount $46,031.35 for the Installation of City Furnished High Bay LED Light Fixtures and Lighting Equipment at the 7th St. Courts (12385 7th St.) — Project No. 11213 (Project); and 09/23/2024 City Council Agenda C

2. Approve the amount of $4,600 for construction contract contingency and the amount of $2,300 for construction contract administration, staff time, permitting and inspection costs for a total construction budget in the amount of $52,931.35; and

3. Authorize the City Manager or his designee to administer the distribution of the contract contingency; and

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

15. SUBJECT: JOINT USE AGREEMENT BETWEEN THE CITY OF YUCAIPA AND

SOUTHERN CALIFORNIA EDISON COMPANY, DUNLAP BOULEVARD
RECOMMENDATION: That the City Council:

1. Approve the Joint Use Agreement between the City of Yucaipa and Southern California Edison Company for the relocation and joint use of easements in connection with improvements to Dunlap Boulevard and Oak Glen Road; and

2. Authorize the City Manager to execute the agreement and any necessary documents to effectuate the terms of the Joint Use Agreement.

16. SUBJECT: ACOSTA INVESTMENTS, LLC (FALLBROOK): A DENSITY BONUS AGREEMENT FOR CASE NO. 22-121/GPA/LUCR/ARC WHICH WILL COVENANT TEN (10) PERCENT (17 UNITS) OF THE TOTAL 172 UNITS AS LOW-INCOME

AFFORDABLE PURSUANT TO YUCAIPA DENSITY BONUS STANDARDS TO

UTILIZE AN INCENTIVE AND MODIFIED PARKING STANDARDS FOR A PROJECT LOCATED ACROSS FOUR (4) PARCELS; APNS: 0319-253-28, -29, -30, - 84 RECOMMENDATION: That the City Council approve the attached Density Bonus Agreement (DBA) for Case No. 22-121, the Fallbrook Apartment Project (Project), which will set forth the reporting requirements and covenants that are necessary to ensure that the target affordable units remain consistent with the original density bonus request associated with the approved entitlement.

17. SUBJECT: SPECIAL EVENT PERMIT APPLICATION — YUCAIPA EQUESTRIAN ARENA RODEO COMMITTEE 2025 RODEO
RECOMMENDATION: That the City Council:

1. Approve the Special Event Permit Application submitted by the Yucaipa Equestrian Arena Rodeo Committee to conduct the 2025 Yucaipa Rodeo on Friday, May 16, 2025, and Saturday, May 17, 2025; and

2. Approve the City's Co-sponsorship for the 2025 Yucaipa Rodeo to include use of City owned equipment and the City -owned vacant lot directly across the street; and

3. Waive the Special Event Permit Application fee of $200; and 09/23/2024 City Council Agenda L

4. Review and approve the street closures identified in the agenda report; and

5. Waive the provisions of Yucaipa Municipal Code Section 12.06.030, regarding overnight camping, for the duration of the event.

18. SUBJECT: SPECIAL EVENT PERMIT APPLICATION — ST. FRANCES XAVIER CABRINI TO CONDUCT A FALL FESTIVAL ON SATURDAY OCTOBER 12, 2024.

RECOMMENDATION: That the City Council approve a Special Event Permit Application submitted by St. Frances Xavier Cabrini to conduct a Fall Festival on Saturday October 12, 2024.

19. SUBJECT: RESOLUTION NO. 2024-56 — ESTABLISHING THE ADMINISTRATIVE RULES AND 2025 ANNUAL REGISTRATION FEE FOR THE IMPLEMENTATION

AND ENFORCEMENT OF THE YUCAIPA MOBILEHOME RENT STABILIZATION

ORDINANCE
RECOMMENDATION: That the City Council adopt Resolution No. 2024-56, establishing the Administrative Rules for the Implementation of the Yucaipa Mobilehome Rent Stabilization Ordinance and establishing the 2025 Annual Registration Fee for the Enforcement of the Ordinance.

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

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

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

20. SUBJECT: WILDWOOD CANYON MOBILE HOME ESTATES AND VALLEY

VIEW MOBILEHOME PARK REVENUE BONDS
RECOMMENDATION: That the City Council conduct a Public Hearing and adopt Resolution No. 2024-55, approving the issuance of revenue bonds by the Independent 09/23/2024 City Council Agenda

Cities Finance Authority with respect to the acquisition and renovation of Wildwood Canyon Mobile Home Estates and the renovation of Valley View Mobilehome Park.

21. SUBJECT: FREEWAY CORRIDOR SPECIFIC PLAN UPDATE (CASE NO. 24- 044/GPA/SPA) & PACIFIC OAKS COMMERCE CENTER (21-
196/CUP/ARC/TPM):

The existing Freeway Corridor Specific Plan (FCSP), adopted in November 2008, allows for development of up to 2,447 residential units on 424.7 acres and up to 4,585,779 square feet of nonresidential uses on 242.7 acres within the 1,242-acre plan area. The proposed update to the FCSP (Case No. 24-044/GPA/SPA) would result in a total of 2,472 residential units and 5,093,265 square feet of nonresidential uses. As a result, the proposed Project would result in an increase of 25 residential units, 2,786,461 square feet of Business Park (BP), and a reduction of 2,278,976 square feet of Regional Commercial (RC) compared to the existing FCSP. The Proposed Project also includes development of the Pacific Oaks Commerce Center (21-196/CUP/ARC/TPM), which consists of the development of two (2) buildings with warehouse and office spaces, totaling 2,054,000 square feet of building space, as well as truck parking and docking bays, consistent with the provisions included in the FCSP Update. (Continued from August 26, 2024)
RECOMMENDATION: That the City Council conduct a public hearing regarding the Freeway Corridor Specific Plan (FCSP) and the Final Supplemental Environmental Impact Report (SEIR), as well as Case No. 21-196 for the Pacific Oaks Commerce Center. The Planning Commission has previously reviewed the FCSP and did not offer a recommendation for approval.

Depending on the City Council's review, several potential motions can be made and are as follows:

Motion in support of the FCSP Update:

If the City Council is in support of the FCSP, the following recommendation is provided:

1. Adopt Resolution No. 2024-19, approving the Freeway Corridor Specific Plan Update with the items listed in the errata; certifying that the Final Subsequent Environmental Impact Report (SEIR) has been completed in compliance with the California Environmental Quality Act (CEQA); accepting the mitigation measures identified in the Final SEIR; adopting Findings of Fact; and adopting a Statement of Overriding Considerations; and

2. Approve first reading, by title only, as read by staff, of Ordinance No. 448, an Ordinance of the City Council of the City of Yucaipa, California, amending Ordinance No. 343, amending of the official land use plan and zoning ordinance of the City of Yucaipa; and

3. Approve the Conditional Use Permit (Case No. 21-196), subject to the Conditions of Approval as contained in the Agenda Report, and if acceptable, approve the 09/23/2024 City Council Agenda Q

Architectural Design and preliminary landscaping, for the Pacific Oaks Commerce Center Project (POCC); and

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

5. Approve the Mitigation Monitoring and Reporting Program; and direct Staff to file a Notice of Determination.

Motion against the FCSP Update:

If the City Council is not in support of the FCSP, the following motion is provided:

1. Direct Staff to prepare a Resolution to deny the approval of the Freeway Corridor Specific Plan Update; and

2. Direct Staff to prepare Findings for denial, based on the City Council's consideration of the Project with respect to Section 83.020310 of the Yucaipa Development Code; and

3. Deny Conditional Use Permit (Case No. 21-196), as it is inconsistent with the land use designations of the existing Freeway Corridor Specific Plan; and

4. Determine that the Project is exempt from CEQA pursuant to Section 15270 of the CEQA Guidelines, which states that CEQA does not apply to projects which a public agency rejects or disapproves.

Alternatives:

The City Council can make any additional recommendations to modify the FCSP Update that are deemed necessary to meet the Findings specified by Section 83.020310 of the Yucaipa Development Code, or that would better meet the Goals, Policies, and/or Objectives of the General Plan.

Draft Findings of Approval, as well as the Draft Resolution and Ordinance are provided for the City Council's reference and review. Modifications can also be made based on the deliberations of the item. No formal findings for denial were provided by the Planning Commission, and therefore are not available. However, Commissioners noted a desire for additional commercial activity and to ensure that the property owner's interests were protected. Council may also deny the Specific Plan Update as proposed but certify the SEIR by amending Resolution No. 2024-19. In this scenario, adopting Ordinance No. 448 may also be prudent as a clean-up item to the General Plan map.

PUBLIC COMMENT

COUNCILMEMBER REPORTS

ANNOUNCEMENTS
LIMIT 3 MINUTES
09/23/2024 City Council Agenda n

ADJOURNMENT
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.
09/23/2024 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 } ss.

City of Yucaipa }
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby declare that the foregoing agenda was posted on 09/18/2024, 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.yucail2
Ana V. Sauseda, MMC
City Clerk
09/23/2024 City Council Agenda 11

Agenda Item No. 01

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 September 23, 2024
SUBJECT: Approve the City Council/Successor Agency/Housing Authority Minutes of August 26, 2024 and the Cancelled Meeting Minutes of September 9, 2024 RECOMMENDATION:

That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of August 26, 2024 and the Cancelled Meeting Minutes of September 9, 2024.

Attachments:

1. Regular Meeting Minutes — 08/26/2024

2. Cancelled Meeting Minutes — 09/09/2024
Approved by:
09/23/2024 City Council Agenda 12

ATTACHMENT 1
09/23/2024 City Council Agenda 13

City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of August 26, 2024
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
CLOSED SESSION — 5:00 PM

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

CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Chris Venable, Mayor Pro Tern
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
ABSENT: None

PUBLIC COMMENT
The following member of the public spoke:
• Hansen Wang
CLOSED SESSION — 5:00 PM
A. CONFERENCE WITH LEGAL COUNSEL — PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: APNS: 0301-191-21, 0301-211-10, 0301-211-12, 0301-201-26, 0301-201-40, 0301-201-41 and 0301-201-42
Agency Negotiator: Chris Mann, City Manager
Negotiating Parties: Pacific Oaks Industrial LLC
Under negotiation: Price and Terms
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Significant Exposure to Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9
Number of Cases (1)
The City Council entered Closed Session at 5:02 p.m.

City Council Minutes
Page I of 6
09/23/2024 City Council Agenda
14 OPEN SESSION — 6:00 PM

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

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

CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Chris Venable, Mayor Pro Tern
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
ABSENT: None
STAFF
PRESENT: Chris Mann, City Manager
Jennifer Crawford, Assistant City Manager
Steven Graham, City Attorney
Ana Sauseda, Director of General Services/City Clerk

CLOSED SESSION REPORT
City Attorney Steven Graham announced that the City Council voted 5-0 to initiate litigation on Closed Session Agenda Item B.

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

Mayor Pro Tern Venable asked that Item 10 be continued to the Regular City Council meeting scheduled for September 23, 2024.

ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED 4-1, (MAYOR BEAVER VOTED NO) TO CONTINUE ITEM 10 TO SEPTEMBER 23, 2024.

City Council Minutes

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09/23/2024 City Council Agenda
15 SPECIAL PRESENTATION
Tyler Technologies Software Implementation Recognition was presented by Assistant City Manager Jennifer Crawford.

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

CITY COUNCIL CONFLICT OF INTEREST DISCLOSURE
Mayor Beaver asked if there were any conflicts to disclose. There were no items disclosed.

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

1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF AUGUST 12, 2024
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of August 12, 2024.

2. SUBJECT: SECOND READING OF ORDINANCE NO.451
RECOMMENDATION: That the City Council approve the second reading of Ordinance No. 451, an Ordinance of the City Council of the City of Yucaipa, California, Amending Chapter 12.06 of the Yucaipa Municipal Code Following the United States Supreme Court's Decision in Johnson V. City of Grants Pass

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

Page 3 of 6 ends

09/23/2024 City Council Agenda

5. SUBJECT: MONTHLY REPORT ON YUCAIPA APP USAGE — JULY, 2024 RECOMMENDATION: That the City Council receive and file a report of the user activity on the Yucaipa App for the month of July, 2024.

6. SUBJECT: UPDATE ON DISPOSITION OF SURPLUS MATERIAL LOCATED AT

WILSON III BASIN
RECOMMENDATION: That the City Council receive an update regarding the disposition of surplus material located at Wilson III Basin.

7. SUBJECT: CONTRACT AMENDMENT NO.5 TO THE CONTRACT WITH ANIMAL PEST MANAGEMENT, INC. FOR THE GOPHER AND RODENT CONTROL

PROGRAM
RECOMMENDATION: That the City Council authorize the City Manager to execute Amendment No. 5 to the contract with Animal Pest Management, Inc. (APM) in the not - to -exceed amount of $451 for a revised FY24 contract total of $58,727 for City's Gopher and Rodent Control Program.

8. SUBJECT: AWARD OF CONTRACT WORK — FISCAL YEAR 2024/2025 CONCRETE PROGRAM— PROJECT NO. 11214
RECOMMENDATION: That the City Council:

1. Award and authorize the City Manager to execute a contract, and the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, Three Peaks Corp. of Calimesa, CA in the amount $165,600 for the FY 2024/2025 Concrete Program, Project No. 11214 (Project); and

2. Approve the amount of $23,000 for construction contract contingency and the amount of $13,000 for construction contract administration, staff time, and inspection costs for a total construction budget in the amount of $201,600; and

3. Authorize the City Manager or his designee to administer the distribution of the contract contingency; and

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

ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER GARNER, CARRIED 5-0, TO APPROVE CONSENT
AGENDA ITEMS NO. 1 THROUGH 8.

City Council Minutes

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09/23/2024 City Council Agenda
17 DISCUSSION ITEMS

9. SUBJECT: REVIEW AND CONSIDER FISCAL YEAR 2024-25 COMMUNITY

ACTIVITY GRANT APPLICATIONS
RECOMMENDATION: That the City Council review and consider the Fiscal Year 2024-25 Community Activity Grant (CAG) Applications submitted by Down Right Blessed Foundation and Inland Leaders Charter School and award in-kind/fee waiver support as recommended by the CAG Application Review Ad -Hoc Committee:

FY 2024-25
CAG Ad -Hoc
In -Kind
Committee
Applicant
Description of Event/Program
Support/Fee
Recommended
Waiver
Award
Requested
Waive Community Park rental fees to
host the 1st Annual Buddy Walk in
October to bring awareness & support to
Down Right Blessed
individuals/families with Down
Foundation
Syndrome.
$1,000
$747.50
Waive Community Center Gym rental
fees for ILCS to host home girls'
Inland Leaders Charter
volleyball games from August 29' to
School
October 151''.
$1,782
$747.50
Total
$2,782
$ 1,495
CAG In-Kind/Fee Waiver Fund Balance
$1,495
$1,495
Remaining Balance
($1,287)
$ 0
DISCUSSION: Assistant City Manager Crawford presented the Agenda Report.

ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 5-0, TO AWARD $1,495 TO INLAND LEADERS CHARTER SCHOOL.

PUBLIC COMMENT
The following members of the public spoke:
• Hansen Wang
• Colleen Wang
• Lloyd Rekstad
• Martha Glubka
City Council Minutes

Page 5 of 6 ends

09/23/2024 City Council Agenda

COUNCILMEMBER REPORTS
There were no items to report.

ANNOUNCEMENTS
The next regularly scheduled meeting will be September 9, 2024 at 6:00 p.m.

ADJOURNMENT
The meeting adjourned at 7:07 p.m.

Justin Beaver, Mayor
ATTEST:

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

Page 6 of 6 ends

09/23/2024 City Council Agenda
19 ATTACHMENT 2
09/23/2024 City Council Agenda 20

City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of September 9, 2024
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399

THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF YUCAIPA SCHEDULED FOR SEPTEMBER 9, 2024, WAS CANCELLED.

Justin Beaver, Mayor
ATTEST:

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

Page 1 of 1 ends

09/23/2024 City Council Agenda
21 Agenda Item No. 02

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Trevor Benson, Public Safety Manager 0
FOR: City Council Meeting of September 23, 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. 09/23/2024 City Council Agenda 22

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 time between this council meeting (September 23, 2024) and the next scheduled meeting on October 28, 2024, is beyond the fourteen -day requirement under YMC 8.36.160. Therefore, 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 October 28, 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:
09/23/2024 City Council Agenda 23

Agenda Item No. 03

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Trevor Benson, Public Safety Manage
0)>
FOR: City Council Meeting of September 23, 2024
SUBJECT: Extending the Existence of a Local Emergency Due to Tropical Storm Hilary
RECOMMENDATION:

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

TROPICAL STORM BACKGROUND/DISCUSSION:

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

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

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

As a direct result of the tropical storm, several areas within the City were impacted, requiring emergency work, for Oak Glen Road, Casa Blanca and Pendleton Road. Staff is tracking costs for the required emergency response work necessary to address these areas. In addition to the emergency work performed to close, cleanup and reopen City facilities/roadways, additional emergency work was required to address approximately 100,000 cubic yards of mud, silt and debris that impacted areas within the Wilson III Basin/Channel area. In addition, the Oak Glen 09/23/2024 City Council Agenda 24

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.

The time between this council meeting (September 23, 2024) and the next scheduled meeting on October 28, 2024 is beyond the fourteen day requirement under YMC 8.36.160. Therefore, 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 October 28, 2024.

FISCAL IMPACT:

None with this item.

Approved by:
09/23/2024 City Council Agenda 25

Agenda Item No. 04

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 September 23, 2024
SUBJECT: Biennial Review of City's Conflict of Interest Code RECOMMENDATION:

That the City Council adopt Resolution No. 2024-57, amending the City's Conflict of Interest Code.

BACKGROUND/DISCUSSION:

The Political Reform Act ("Act") requires that public agencies adopt a Conflict of Interest Code (code). A code designates positions required to file Statements of Economic Interests (Form 700) and assigns disclosure categories specifying the types of interests to be reported. It is required that cities amend their code during even numbered years to reflect the creation of new positions, deletion of positions, changes in any titles, as well as any changes made to the Act.

City staff has reviewed the code since it was last amended in December 2023, and the following changes have occurred in the City's reporting schedules:

Modify the Disclosure Category for the following:
• Associate Engineer (recommend disclosure category 1)
Modify the title of the following:
• Recreation Superintenent should be Community Services Recreation Superintendent (recommend disclosure category 1)
• Management Analyst (Confidential) should be Senior Management Analyst (Confidential) (recommend disclosure category 3,4,5)
Add the following Titles and Disclosure Categories:
• Accounting Supervisor (recommend disclosure category 1) • Fire Chief (recommend disclosure category 1)
• Police Chief (recommend disclosure category 1)
• Public Works Analyst (recommend disclosure category 3,4,5) 09/23/2024 City Council Agenda 26

Add Titles and Disclosure Categories for the following authorized but unfunded positions:

Code Enforcement Supervisor (recommend disclosure category 1) Director of Community Development (recommend disclosure category 1) Systems Analyst (recommend disclosure category 3,4,5)
FISCAL IMPACT:

There is no fiscal impact.

Attachment:

1. Resolution No. 2024-57
Approved by:
09/23/2024 City Council Agenda 27

ATTACHMENT 1
09/23/2024 City Council Agenda 28

RESOLUTION NO.2024-57

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

CALIFORNIA, ADOPTING, AFFIRMING, AND INCORPORATING BY

REFERENCE THE STANDARD CONFLICT OF INTEREST PROVISIONS
OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730

AND AMENDING APPENDIX I AND II, TO ACCOUNT FOR THE

ADDITION, DELETION AND MODIFICATION OF POSITIONS LISTED AS "DESIGNATED POSITIONS" TO THE CONFLICT OF INTEREST

CODE OF THE CITY OF YUCAIPA
WHEREAS, pursuant to the requirements of the California Political Reform Act (the "Act"), Section 81000 of the California Government Code, all local governmental agencies must adopt Conflict of Interest Codes applicable to every officer, employee, member or consultant of the agency whose position entails the making or participating in the making of decisions that may foreseeably have a material financial effect on any financial interest, and which code requires such designated employees to disclose and disqualify themselves from making, participating in, or attempting to influence such decisions; and
WHEREAS, the City has previously adopted the terms of California Code of Regulations Title 2, Section 18730, the Conflict of Interest Code terms promulgated by the Fair Political Practices Commission ("FPPC") by City of Yucaipa Resolution No. 2023-60; and WHEREAS, the City Council of the City of Yucaipa, as the Code Reviewing body under the Act, adopts, affirms and incorporates by reference the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC; and
WHEREAS, the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC, along with Appendix "I", amending the list of designated officials and including establishment of certain positions, and Appendix "II" setting forth amended disclosure categories, does constitute the Conflict of Interest Code of the City of Yucaipa; and
WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Section 87306 and 87307 of the Act to amend and update the City's Conflict of Interest Code; and
WHEREAS, notice of the time and place of a public meeting on, and consideration by the City Council of, the proposed amended Conflict of Interest Code was provided to each designated position; and
WHEREAS, a public meeting was held upon the proposed amended Conflict of Interest Code at a regular meeting of the City Council on September 23, 2024, at which all present were given an opportunity to be heard on the proposed amended Conflict of Interest Code. 09/23/2024 City Council Agenda 29

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

Section 1. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC is hereby incorporated by reference.

Section 2. The amended list of designated positions subject to the requirements of the Conflict of Interest Code are set forth in Appendix I and the disclosure categories are set forth in Appendix II.

Section 3. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC and the Appendices I and II constitute the Conflict of Interest Code for the City of Yucaipa.

Section 4. The City Council of the City of Yucaipa does hereby adopt the attached Conflict of Interest Code (Exhibit A) and Appendix I and II.

PASSED, APPROVED, and ADOPTED this 23rd day of September, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
09/23/2024 City Council Agenda 30

EXHIBIT A

CITY OF YUCAIPA

CONFLICT OF INTEREST CODE
Adopted September 23, 2024
09/23/2024 City Council Agenda 31

INCORPORATION BY REFERENCE
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted regulations, found at 2 CCR § 18730, which contains the terms of a standard conflict of interest code, and which can be incorporated by reference in an agency's code.

After public notice and hearing Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 CCR § 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the section below designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code ("Code") of the City of Yucaipa (the "City").

All officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk. The City Clerk shall retain the original statements filed by all officials and designated positions, transmit such statements to the FPPC as may be required, and will make all retained statements available for public inspection and reproduction during regular business hours.

All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code Section 53235 (AB 1234). The City Clerk shall annually provide all filers with information on training available to meet the requirements of Section 53235 and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act.
09/23/2024 City Council Agenda 32

APPENDIX "I"

DESIGNATED POSITIONS

POSITIONS

DISCLOSURE CATEGORIES
Accountant
3,4,5
Accounting Manager
1 Accounting Supervisor
1 Assistant City Attorney
1 Assistant City Engineer
1 Assistant City Manager
1 Assistant Engineer
1 Assistant Planner
1 Associate Engineer
1 Associate Planner
1 Building Official
1 Code Enforcement Officer
1 Code Enforcement Officer/Unhoused Community Engagement & Support Liaison 1 Code Enforcement Supervisor
1 Community Services Recreation Superintendent
3,4,5
Community Services Supervisor
3,4,5
Construction Engineer
3,4,5
Consultants
6 Deputy City Attorney
1 Deputy City Clerk/Deputy Rent Administrator/Records Technician 1 Deputy Director/City Planner
1 Deputy Director of Finance
1 Deputy Director of Public Works
1 Director of Community Development
1 Director of Community Services
1 Director of Development Services/City Engineer
1 Director of General Services/City Clerk
1 Director of Governmental Affairs/Public Information Officer 1 Fire Chief
1 Housing and Economic Development Analyst
3,4,5
Human Resources Assistant (Confidential)
3,4,5
Human Resources Manager
1 Information Technology Manager
1 "dement Analyst
3,4,5
(Confidential)
Police Chief
1 Public Safety Manager
1 Public Works Analyst
Reer-eatien Superintendent
3,4,5
-3 5
Senior Accountant
1 Senior Code Enforcement Officer
3,4,5
Senior Management Analyst (Confidential)
3,4,5
Systems Analyst
3,4,5
09/23/2024 City Council Agenda
33 The Mayor, Members of the City Council and Planning Commission, the City Attorney, City Manager, Director of Finance, and all other City Officials who manage public investments as defined by 2 Cal. Code of Regs. §18701 (b) are not subject to the City's Code but are subject to the disclosure requirements of the Act. (Government Code Section 87200 et. Seq.). [Regs. § 18730(b)(3)]
09/23/2024 City Council Agenda 34

APPENDIX "II"

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business positions, sources of income (including gifts, loans and travel payments), or real property, which the designated positions must disclose for each disclosure category to which he or she is assigned.

Full Disclosure — Interests in real property located within the City or within two miles of the boundaries of the City or within two miles of any land owned or used by the City, as well as investments, business positions and sources of income, including gifts, loans and travel payments.

2. Reportable interests in real property in the jurisdiction. (Form 700, Schedule B)

3. Reportable income, loans and business positions. (Form 700, Schedule C)

4. Reportable investments. (Form 700, Schedules A-1 and A-2)

5. Reportable gifts and travel gifts. (Form 700, Schedules D and E.)

6. For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this Code for that staff position. *Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination must include a description of the consultant's duties and based upon the description, a statement of the extent of disclosure requirements.

The City Manager's determination is a public record and must be retained for public inspection in the same manner and location as this Conflict of Interest Code.

Consultants for the purposes of the Conflict of Interest Code, include the following:
(a) For purposes of Sections 82019 and 82048, "consultant" means an individual who, pursuant to a contract with a state or local government agency:
(1) Makes a governmental decision whether to:

A. Approve a rate, rule, or regulation;
B. Adopt or enforce a law;
C. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; D. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
E. Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract; 09/23/2024 City Council Agenda 35

F. Grant agency approval to a plan, design, report, study, or similar item; G. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
(2) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in Regulation 18704(a) and (b) or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code under Section 87302.
* The City Manager may determine in writing that a particular position, although a "designated person," is not required to fully comply with the disclosure requirements described in this section when the position is held by an officer or employee of the state or another local government agency and the person holding the position provides to the City Clerk a copy of any public financial disclosure report filed by the officer or employee with the state or other local government agency pursuant to Title 9 of the Government Code. Such public financial disclosure report shall be maintained by the City Clerk for public inspection.
09/23/2024 City Council Agenda 36

Agenda Item No. 05

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 September 23, 2024
SUBJECT: Monthly Report on Yucaipa App Usage — August, 2024 RECOMMENDATION:

That the City Council receive and file a report of the user activity on the Yucaipa App for the month of August, 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
MAY
JUNE
JULY
AUGUST
Total Monthly Users
1195
1264
952
1525
Total Issues
Submitted
191
201
268
286
Most Commonly
Reported Issue
Street/City
Issue 104
Street/City
Issue 68
Street/City
Issue 81
Street/City
Issue 90
09/23/2024 City Council Agenda 37

Issues Totals by Type
FEB
MAR
APR
MAY
JUNE
JULY
AUG
Code Enforcement
6 1
4 8
31 74
75 Daily Park Task
------
------
------
1 ------
------
1 Daily Street Task
------
------
------
------
2 ------
2 GraffitiNandalism
27 23
26 15
20 15
5 Homeless Issue
27 12
27 31
35 51
64 Park Issue
7 25
17 17
21 26
26 Refer to PMP
4 6
5 5
9 8
7 Street/City Issue
102
111
136
104
68 81
90 Traffic Calming
8 7
8 9
11 10
13 Trail Issue
4 6
2 1
4 3
3 Grand Total
185
192
227
191
201
268
286
FISCAL IMPACT:

There is no fiscal impact.

Approved by: _-
09/23/2024 City Council Agenda 38

Agenda Item No. 06

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 September 23, 2024
SUBJECT: Adoption of Resolution No. 2024-58, Amending the 2024 City Council Meeting Schedule
RECOMMENDATION:

That the City Council adopt Resolution No. 2024-58, amending the 2024 City Council meeting schedule.

BACKGROUND/DISCUSSION:

Pursuant to Section 2.04.010 of the Yucaipa Municipal Code, the day and time of Council meetings shall be set by resolution of the City Council.

On December 11, 2023, the City Council adopted Resolution No. 2023-59, setting the 2024 City Council Meeting schedule. As the end of the year is quickly approaching, staff has determined that there is a need for an additional regular City Council Meeting to be held in the month of November.

The first regular meeting for the month of November will be held on Wednesday, November 13, 2024 due to City Hall being closed on Monday, November 11, 2024 in observance of Veterans Day.

FISCAL IMPACT:

There is no fiscal impact.

Attachment:

1. Resolution No. 2024-58
Approved by:
09/23/2024 City Council Agenda 39

ATTACHMENT 1
09/23/2024 City Council Agenda 40

RESOLUTION NO.2024-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING THE 2024 CALENDAR YEAR SCHEDULE

FOR CITY COUNCIL MEETINGS
WHEREAS, the City Council periodically changes the date of regularly scheduled meetings; and
WHEREAS, at the December 11, 2023 regular meeting, the City Council adopted the 2024 City Council Regular Meeting Schedule; and
WHEREAS, staff has determined that a second regular City Council meeting is needed in the month of November.

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

Section 1. The 2024 City Council Regular Meeting Schedule is amended as follows:

January 8
January 22
February 12
February 26
March 11
March 25
April 8
April 22
May 13
May 27 — No Meeting — Memorial Day
June 10
June 24
July 8 — No Meeting — Summer Recess
July 22
August 12
August 26
September 9
September 23
October 14 — No Meeting — Columbus Day
October 28
November 13
November 25
December 9
December 23 - No Meeting — Winter Recess
Section 2. The City Manager is hereby authorized to make changes to the meeting schedule as necessary.

PASSED, APPROVED, and ADOPTED this 23rd day of September, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
09/23/2024 City Council Agenda 41

Agenda Item No. 07

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Kevin Johnston, Information Technology Manager
FOR: City Council Meeting of September 23, 2024
SUBJECT: Arctic Wolf Renewal
RECOMMENDATION:

That the City Council:

3. Approve a budget adjustment in the amount of $3,388 to meet the year 1 renewal amount of $63,388.

BACKGROUND/DISCUSSION:

On August 9, 2021, the City Council approved the purchase of Arctic Wolf cybersecurity services, which includes Managed Detection and Response (MDR), through Savant Solutions, Inc. Their Security Operations Center (SOC) services ingest data and detects threats 24/7, which allows for identification and mitigation of threats within minutes. Arctic Wolf services have proven reliable and invaluable to the Information Technology Division. Without a proper solution in place, the odds of quickly identifying and mitigating an attack are drastically reduced, resulting in increased risk of data loss and potential monetary liability.

The Information Technology Division currently utilizes 155 Arctic Wolf licenses and 5 sensors across City Hall and off -site locations. These allow for data ingestion, monitoring and analysis, across our devices and users, while taking advantage of a full-scale SOC. The City's current price agreement with Savant Solutions, Inc., expires September 25, 2024.

Renewing Arctic Wolf subscriptions would cost approximately $63,388 for year 1, $71,093 for year 2, and $74,648 for year 3. The pricing will fluctuate depending on the number of users. This would 09/23/2024 City Council Agenda 42

equal approximately $209,129 over a 3 year period. Un-needed subcriptions can be removed on an yearly basis, which would reduce the annual cost.

Since August 2021, Savant Solutions, Inc., has continued to administer this contract annually.

Consequently, staff recommends renewing with Savant Solutions, Inc., for the Arctic Wolf Services purchase in the amount of $63,388 as a sole source provider.

FISCAL IMPACT:

The recommendations result in an increased cost of $3,388 in the Information Technology Internal Service Fund.

Attachment:

1. Savant Solutions, Inc., Cost proposal
Approved By:
09/23/2024 City Council Agenda 43

ATTACHMENT 1
09/23/2024 City Council Agenda 44

SAVANT SOLUTIONS
;our Trustea I T Advisor
1030 G St.

Sacramento, CA 95814
(916) 836-8182
sales@savantsolutions. net
City of Yucaipa
Attn: Accounts Payable
34272 Yucaipa Boulevard,
Yucaipa, CA 92399
Phone: 909-797-2489
Quote# GG-071524-1
Date:
9/11/24
Terms:

NET30
FOB:

Destination
Valid for:
30 Days
Shipping:

Ground
Ship To
City of Yucaipa
Attn: Gabe Gardner
34272 Yucaipa Boulevard,
Yucaipa, CA 92399
Phone:909-797-2489 ext. 272
aaardner(@vucaioa.aov
Line #
Part No.

Description
Qty
Unit Price
Ext. Price
1 AW-MDR-USER
Arctic Wolf MDR user license
135
$208.66
$28,169.10
2 AW-MDR-SE
Arctic Wolf MDR server license
20 $208.66
$4,173.20
3 AW-MDR-IYR
Arctic Wolf MDR Log Retention -1 year
1 $2,142.00
$2,142.00
4 AW-MDR-2XX-S
Arctic Wolf 200 Series Sensor
2 $3,572.10
$7,144.20
51 AW-MDR-0365
Arctic Wolf MDR Office 365 user license
135
$23.81
$3,214.35
6 AW-MR-USER
Arctic Wolf Managed Risk user license
135
$95.26
$12,860.10
7 AW-MR-SE
Arctic Wolf Managed Risk server license
20 $95.26
$1,905.20
8 AW-MSAT-MA
Arctic Wolf Managed Security Awareness Service
135
$28.00
$3,780.00
9 AW-MDR-IXX-S
Arctic Wolf 100 Series Sensor
3 $1,440.00
$4,320.00
POP: 9/26/24 - 9/25/25
Year 2 Total Cost - $71,093.41
Year 3 Total Cost - $74,648.08
Subtotal:
$67,708.15
Notes:3-Year Contract paid annually. Year 2 and 3 Total Cost assumes no changes to number of user count, servers, and sensors.

Additional users, servers, and sensors will increase Total Annual Cost. *The Net Total price for each item in the table above will increase by 5.0 % on the annual anniversary of the Subscription Start Date, or the end of any prepaid, in full multi -year Committed Term (the "Increase"). Thereafter, pricing for any subsequent renewals is as set forth in the Agreement. Arctic Wolfs delivery of the products, services, and Solutions described herein are governed by the applicable Agreement located at https://arcticwolf.com/terms (or such other agreement executed by Arctic Wolf and the end user).

The terms of this Order Form are Confidential Information and may not be disclosed except as otherwise provided in the applicable Agreement. Year 2 Total Cost to Include 3 X 100 Series Sensor which was credited in the amount of $4320.00. 5% Increase based on total of $67,708.15.

Tax: 7.75%
$0.00
Credit:
$4,320.00
-$4,320.00
Shipping:
$0.00
Total:
$63,388.15
Thank you for giving Savant Solutions the opportunity to support you! Each order helps supports a non-profit in need.
www.SavantSoIutions.net
09/23/2024 City Council Agenda 45

Agenda Item No. 08

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Chris Mann, City Manager/Treasu rh%�
Phil White, Director of Financelkl�
FOR: City Council Meeting of September 23, 2024
SUBJECT: Monthly Treasurer Reports July 2024 & August 2024 RECOMMENDATION:

That the City Council receive and file the Monthly Treasurer Reports for July 2024 & August 2024.

BACKGROUND/DISCUSSION:

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.

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 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 investment portfolio. The balances included in the Monthly Treasurer's Report represent the market value of the City's investments.

The City utilizes the Monthly Treasurer's Report as one tool to monitor fiscal performance. The City's net position or fund balance (equity) is comprised of assets less liabilities. The portfolio is just one component of assets. The portfolio balance will fluctuate based on investment performance (yield) as well as timing of cash inflows (revenue collection) and cash outflows (expenditure payments).

The yield for the investment held with the Local Agency Investment Fund (LAIF) was 4.516% in July and 4.579% in August.

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 09/23/2024 City Council Agenda 46

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 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 Monthly 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 Report — July

2. Treasurer Report — August

3. Treasurer Managed Portfolio Summary — July

4. Treasurer Managed Portfolio Summary — August

5. LAIF Quarterly Interest Statement — July

6. LAIF Quarterly Interest Statement — August

7. Wells Fargo Operating Account — July

8. Wells Fargo Operating Account — August

9. Investments with Fiscal Agent Summary — July

10. Investments with Fiscal Agent Summary — August
09/23/2024 City Council Agenda 47

ATTACHMENT
09/23/2024 City Council Agenda 48

City of Yucaipa
Monthly Treasurer's Report - July 31, 2024
June 2024
July 2024
Institution/Investment Type
Balance
Balance
Held in U.S. Bank Custody Account
$
39,064,769.08
$
39,407,898.60
Local Agency Investment Fund (LAIF)
$
17,412,513.25
$
12,584,694.41
City Checking Account
$
5,749,286.17
$
4,666,791.72
Petty Cash / Change Drawers
$
2,750.00
$
2,750.00
Total Funds Under Control of the City
$
62,229,318.50
$
56,662,134.73
Funds with Fiscal Agents:

Bank of New York Mellon (Chapman Heights)
CFD 98-1 - Invesco Govt Agency Private 1903
$
281,021.38
$
1,805,304.69
CFD 98-1- Cash
$
12,068.98
$
12,068.98
$
293,090.36
$
1,817,373.67
U.S. Bank (Successor Agency)
RDA 1998 TAB - Blackrock Instl Funds
$

60.17 $
35,669.37
RDA 1998 TAB - LAIF
$
46,907.65
$
47,932.81
RDA 2004 TAB - Blackrock Instl Funds
$
161,349.13
$
507,572.29
RDA 2010 TAB - Blackrock Instl Funds
$
374,331.82
$
375,924.89
$
582,648.77
$
967,099.36
Total Funds with Fiscal Agents
$
1,168,829.49
$
2,784,473.03
Grand Total
$
63,398,147.99
$
59,446,607.76

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:"'—
Sign / Date
09/23/2024 City Council Agenda 49

ATTACHMENT 2
09/23/2024 City Council Agenda CO

00206301
65- -01-B -82-219-01
0101-11-04304-01
embank.

CITY OF YUCAIPA - TREASURER MANAGED Page 5 of 39
ACCOUNT Period from July 1, 2024 to July 31, 2024
...... ___ ...... _ ..._..._ __... ..... . __._. _. ... .__ ...

ASSETSUMMARY .
07/31/2024
% OF
ASSETS

MARKET VALUE
MARKET
Cash And Equivalents 501,552.43

1.27 U.S. Government Issues
35,474,943.21

89.45 Corporate Issues
2,998,650.66

7.56 Foreign Issues
243,245.80

0.61 BONDS 98.1
Municipal Issues
189,506.50

0.48 Total Assets
39 407,898.60

99.37 Accrued Income
249,699.79

0.63 Grand Total
39,657,598.39
100.00
EQUIV & ACCR 1.90
09/23/2024 City Council Agenda 51

ATTACHMENT 3
09/23/2024 City Council Agenda 52

8/6/24, 4:02 PM
LAIF Regular Monthly Statement
California State Treasurer
Fiona Ma, cPA
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001

CITY OF YUCAIPA

TREASURER
34272 YUCAIPA BLVD.

YUCAIPA, CA 92399
Account Number:

July 2024 Statement
August 06, 2024
LAIF Home
PMIA Average Monthly_
Yields
Tran Type Definitions
Web
Effective Transaction
Tran
Confirm
Confirm
Date Date
Type
Number
Number Authorized Caller
Amount
7/15/2024 7/12/2024
QRD
1757135

N/A SYSTEM
172,181.16
7/15/2024 7/11/2024
RW
1755014
1715474 PHILLIP WHITE
-2,000,000.00
7/22/2024 7/18/2024
RW
1757591
1718044 PHILLIP WHITE
-1,000,000.00
7/29/2024 7/25/2024
RW
1757867
1718319 PHILLIP WHITE
-2,000,000.00
Account Summary
Total Deposit:
172,181.16 Beginning Balance:
17,412,513.25
Total Withdrawal:
-5,000,000.00
Ending Balance:
12,584,694.41
https://IaifrOO2003024.UtW&ftotu!CgatWent.aspx 53 1 /1

ATTACHMENT 4
09/23/2024 City Council Agenda 54

Analyzed Business Checking
Account number: ■ July 1, 2024-July 31, 2024

CITY OF YUCAIPA

GENERAL OPERATING ACCOUNT
34643 YALE DR
YUCAIPA CA 92399-6860
Account summary
Analyzed Business Checking - PF
- PF
■ Page 1 of 8
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
Accountnumber Beginning balance Total credits Total debits Ending balance $5,749,286.17 $7,319,533.19-$8,402,027.64 $4,666,791.72 Credits
Deposits
Effective Posted
date date
Amount
Transaction detail
07/09
3,375.00
Deposit
07/09
4,568.23
Deposit
07/12
140.00
Deposit
07/17

10.00 Deposit
07/19
100.00
Deposit
07/24
150.00
Deposit
07/25
1,300.00
Deposit
07/30
10,060.00
Deposit
07/31
100.00
Deposit
$19,803.23 Total deposits
Electronic deposits/bank credits
Effective Posted
date date
Amount
Transaction detail
07/01

1.00 American Express Settlement 240628 5647699297 General Bi115647699297 07/01
109.00
07/01 Bankcard Deposit-0328149721
07/01
353.00
07/01 Bankcard Deposit-0328149721
07/01
492.00
07/01 Bankcard Deposit-0328149721
07/01
2,083.32
Stripe Transfer St-Y6A1 F1 K71-31-18 City of Yucaipa
07/01
4,007.00
Paymentech Transfer 240701 Tyler0005037697 Eg Css CA Yucaipa Comm 07/01
4,502.00
Paymentech Transfer 240701 Tyler0005037661 Mun Csh CA Yucaipa Gen 07/01
9,495.00
Desktop Check Deposit
07/01
67,387.91
Desktop Check Deposit
07/01
1,447.45
ZBA Funding Account Transfer From 4241875095
07/02
329.00
Desktop Check Deposit
02010 Wells Fargo Bank, N.A.

ATTACHMENT 5
09/23/2024 City Council Agenda 56

City of Yucaipa
Investment with Fiscal Agent Summary
7/31/2024
Bank of New York Mellon CFD 98-1
324812 Special Acct - Invesco Govt Agency Private 1903
$

15.66 324813 Interest Acct - Invesco Govt Agency Private 1903 $
314.85
880552 Escrow Acct
$
281,021.38
703129 C01 Acct - Cash
$
12,068.98
703130 Special Tax Acct - Invesco Govt Agency Private 1903 $
1,523,375.00
880553 C01 Acct - Invesco Govt Agency Private 1903
$

74.80 880554 Reserve Acct - Invesco Govt Agency Private 1903 $

47.83 880555 Admin Exp Acct - Invesco Govt Agency Private 1903 $
455.17
$
1,817,373.67
U.S. Bank
RDA 1998 TAB
6711616700 Project Acct - Blackrock Instl Funds
$

0.24 6711616701 Interest Acct - Blackrock Instl Funds
$
35,624.80
6711616702 Principal Acct - Blackrock Instl Funds
$

31.42 6711616703 Sinking Acct - Blackrock Instl Funds
$

12.70 6711616704 Reserve Acct - Blackrock Instl Funds
$

0.21 $
35,669.37
6711616704 Reserve Acct - LAW
$
47,932.81
RDA 2004 TAB
6711740700 Project Acct - Blackrock Instl Funds
$

0.12 6711740701 Interest Acct - Blackrock Instl Funds
$
360,284.61
6711740702 Principal Acct - Blackrock Instl Funds
$
204.79
6711740703 Reserve Acct - Blackrock Instl Funds
$
147,082.77
$
507,572.29
RDA 2010 TAB
6711740705 Reserve Acct - Blackrock Instl Funds
$
375,924.89
09/23/2024 City Council Agenda 57

ATTACHMENT 6
09/23/2024 City Council Agenda 58

City of Yucaipa
Treasurer's Report - August 31, 2024
July 2024
August 2024
Institution/Investment Type
Balance
Balance
Funds Under Control of the City:

Held in U.S. Bank Custody Account
$
39,407,898.60
$
39,717,785.30
Local Agency Investment Fund (LAIF)
$
12,584,694.41
$
10,584,694.41
City Checking Account
$
4,666,791.72
$
4,558,154.81
Petty Cash / Change Drawers
$
2,750.00
$
2,750.00
Total Funds Under Control of the City
$
56,662,134.73
$
54,863,384.52
Funds with Fiscal Agents:

Bank of New York Mellon (Chapman Heights)
CFD 98-1 - Invesco Govt Agency Private 1903
$
1,805,304.69
$
1,535,443.98
CFD 98-1- Cash
$
12,068.98
$
-
$
1,817,373.67
$
1,535,443.98
U.S. Bank (Successor Agency)
RDA 1998 TAB - Blackrock Instl Funds
$
35,669.37
$
35,705.22
RDA 1998 TAB - LAIF
$
47,932.81
$
47,932.81
RDA 2004 TAB - Blackrock Instl Funds
$
507,572.29
$
508,631.85
RDA 2010 TAB - Blackrock Instl Funds
$
375,924.89
$
377,581.98
$
967,099.36
$
969,851.86
Total Funds with Fiscal Agents
$
2,784,473.03
$
2,505,295.84
Grand Total
$
59,446,607.76
$
57,368,680.36

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:='`
Sign / Date
09/23/2024 City Council Agenda 59

ATTACHMENT 7
09/23/2024 City Council Agenda 60

00202801
65- -01-B -82-250-01
0101-11-04304-01
embank.

CITY OF YUCAIPA - TREASURER MANAGED Period from August 1, 2024 to August 31, 2024

ACCOUNT
_.........._... .. ..........
__._..... _.....__. _.. .__.. _... ..__..

ASSET SUMMARY
Cash And Equivalents
U.S. Government Issues
Corporate Issues
Foreign Issues
Municipal Issues
08/31/2024 % OF
2,177,518.03
34,112, 301.16
2,992,489.21
Total Assets 39
Accrued Income
Grand Total 39
244, 343.40
191,133.50
244, 317.28

5.45 85.36

7.49 BONDS

0.61 0.48

0.61 EQUIV & ACCR 6.06%
09/23/2024 City Council Agenda 61

ATTACHMENT 8
09/23/2024 City Council Agenda 62

9/12/24, 10:47 AM
LAIF Regular Monthly Statement
California State Treasurer
Fiona Ma, GPA
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001

CITY OF YUCAIPA

TREASURER
34272 YUCAIPA BLVD.

YUCAIPA, CA 92399
Account Number:

August 2024 Statement
September 12, 2024
LAIF Home
PNIIA Average Monthly_
Yields
Tran Type Definitions
Tran Web
Effective Transaction Confirm Confirm
Date Date Type Number Number Authorized Caller
8/16/2024 8/15/2024 RW 1758633 1719152 PHILLIP WHITE
Account Summary_
Total Deposit: 0.00 Beginning Balance:

Total Withdrawal:-2,000,000.00 Ending Balance:

Amount
-2,000,000.00
12,584,694.41
10,584,694.41
https://laifn bQOd".igg �rAt rtent.aspx
63 1/1

ATTACHMENT 9
09/23/2024 City Council Agenda 64

Analyzed Business Checking - PF
Account number: ■ August 1, 2024 - August 31, 2024 ■ Page 1 of 7

CITY OF YUCAIPA

GENERAL OPERATING ACCOUNT
34643 YALE DR
YUCAIPA CA 92399-6860
Account summary
Analyzed Business Checking - PF
Questions?
Call your Customer Service Officer or Client Services
1-800-AT WELLS (1-800-289-3557)
5:00 AM TO 6:00 PM Pacific Time Monday - Friday
Online: wellsfargo.com
Write: Wells Fargo Bank, N.A. (114)
P.O. Box 6995
Portland, OR 97228-6995
Accountnumber Beginning balance Total credits Total debits Ending balance $4,666,791.72 $6,236,462.74-$6,345,099.65 $4,558,154.81 Credits
Deposits
Effective Posted
date date
Amount
Transaction detail
08/07
2,340.00
Deposit
08/07
2,790.00
Deposit
08/19
1,160.00
Deposit
08/20
140.00
Deposit
08/21
140.00
Deposit
08/23

10.00 Deposit
08/23
580.00
Deposit
08/27
100.00
Deposit
08/27
150.00
Deposit
08/28

25.00 Deposit
08/29
390.00
Deposit
08/30

30.00 Deposit
$7,855.00 Total deposits
Electronic deposits/bank credits
Effective Posted
date date
Amount
Transaction detail
08/01
312.00
Desktop Check Deposit
08/01
1,204.02
Stripe Transfer St-U4A1 F3AOG2R4 City of Yucaipa
08/01
1,289.39
Desktop Check Deposit
08/01
11,509.33
Paymentech Transfer 240801 Tyler0005037661 Mun Csh CA Yucaipa Gen 08/01
17,018.61
Paymentech Transfer 240801 Tyler0005037697 Eg Css CA Yucaipa Comm 08/01
145,907.47
Apport St of CA Apsapports 072924 1927 Yucaipa City Treasurer 08/02

99.00 American Express Settlement 240801 5647699297 General Bi115647699297 08/02
115.13
Stripe Transfer St-A417F309A9138 City of Yucaipa
02010 Wells Fargo Bank, N.A.

Sheet Seq = 0*23/2024 City Council Agenda 65
Sheet 00001 of 00007

ATTACHMENT 10
09/23/2024 City Council Agenda 66

City of Yucaipa
Investment with Fiscal Agent Summary
8/31/2024
Bank of New York Mellon CFD 98-1
703130 Special Tax Acct - Invesco Govt Agency Private 1903 $ 1,535,443.98 U.S. Bank
RDA 1998 TAB
6711616700 Project Acct - Blackrock Instl Funds
$

0.24 6711616701 Interest Acct - Blackrock Instl Funds
$
5,673.15
6711616702 Principal Acct - Blackrock Instl Funds
$

31.56 6711616703 Sinking Acct - Blackrock Instl Funds
$
30,000.06
6711616704 Reserve Acct - Blackrock Instl Funds
$

0.21 $
35,705.22
6711616704 Reserve Acct - LAIF
$
47,932.81
RDA 2004 TAB
6711740700 Project Acct - Blackrock Instl Funds
$

0.12 6711740701 Interest Acct - Blackrock Instl Funds
$
155,899.71
6711740702 Principal Acct - Blackrock Instl Funds
$
205,000.90
6711740703 Reserve Acct - Blackrock Instl Funds
$
147,731.12
$
508,631.85
RDA 2010 TAB
6711740705 Reserve Acct - Blackrock Instl Funds
$
377,581.98
09/23/2024 City Council Agenda 67

Agenda Item No. 09

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Phillip White, Director of Finance
Ryan Blackerby, Deputy Director of Finance
FOR: City Council Meeting of September 23, 2024
SUBJECT: Fiscal Year 2024 & Fiscal Year 2025 Budget Adjustment Report — September 2024 RECOMMENDATION:

That the City Council:

1. Approve the Budget Adjustments Requiring Council Approval (Attachments 1, 3 and 5); and

2. Receive and file the Staff Approved Budget Adjustments (Attachments 2 & 4).

BACKGROUND/DISCUSSION:

Staff may, on a quarterly and as -needed basis, present a variety of budget adjustments requiring the approval of the City Council. These changes include an explanation and justification for each transaction. This report includes adjustments that have been identified by monitoring department budgets, as an attachment to the report. Adjustments are segregated by fund and department as appropriate.

In addition, the report will also include, as an attachment, a summary of any budget adjustments approved by staff, consistent with the authority levels that were approved and delegated by Council in the City's Budget Policy (Resolution 2024-25).

Procurements near the end of the fiscal year can create challenges with budget maintenance.

Purchases ordered based on FY24 budget but not delivered until the subsequent fiscal year are systematically blocked from being paid in FY24 because the authorizing budget has lapsed. The attached documents detail the "rollover" budget adjustments being requested.

Attached to this report are Rollover Budget Adjustments Requiring City Council's Approval (Attachment 1), FY24 Budget Adjustments Requiring City Council's Approval (Attachment 3), and FY25 Budget Adjustments Requiring City Council's Approval (Attachment 5). Also, you will find budget adjustments authorized under staff authority for each FY24 (Attachment 2) and FY25 (Attachment 4).
09/23/2024 City Council Agenda 68

FISCAL IMPACT:

The fiscal impact of each item is indicated within the attachment(s).

Attachment(s):

1. Rollover Budget Adjustments Requiring City Council's Approval

2. Staff Approved Budget Adjustments — FY24

3. FY24 Budget Adjustments Requiring City Council's Approval

4. Staff Approved Budget Adjustments — FY25

5. FY25 Budget Adjustments Requiring City Council's Approval Approved by:
09/23/2024 City Council Agenda 69

ATTACHMENT 1
09/23/2024 City Council Agenda 70

City Council, September 23, 2024
Budget Adjustment Report
Attachment 1
Rollover Budget Adjustments
Decreasing in FY24 and Increasing in FY25
General Fund
A budget adjustment is necessary to increase the Information Technology capital outlay budget (General Fund Capital Replacement) by $22,865 in FY25 for a purchase of a rack server authorized and budgeted in FY24, but not delivered until FY25. A compensating decrease in the FY24 budget is being requested as well.

A budget adjustment is necessary to increase the YPAC operating expense budget by $19,612 in FY25 for the purchase of guardrails and other supplies authorized and budgeted in FY24, but not delivered until FY25. A compensating decrease in the FY24 budget is being requested as well.

The clean up and repair of damage caused by Tropical Storm Hilary was budgeted at $4.6M during FY24. Actual costs incurred through the end of FY24 were $2.5M and an updated estimate of remaining costs to be incurred in FY25 is $1.5M. Accordingly, we are requesting a rollforward of the budget with a FY24 downward budget adjustment of $1.5M and a corresponding increase in the FY25 budget. The revised estimate for total project costs is currently $4M. Additionally, the City has been awarded a grant for 75% of eligible costs. That grant is expected to be received later in FY25.

Public Safety Fund / Fire Fund
A budget adjustment is necessary to increase the Fire Services Division operating expense budget in the Public Safety Fund by $2,490 in FY25 for a repair and maintenance purchase that was initiated out of the FY24 budget, but for which the payment will not be able to post until FY25. A compensating decrease in the Fire Services Division of the Fire Fund in the FY24 budget is being requested as well.

Miscellaneous Special Revenue
A budget adjustment is necessary to increase the General Services Division (annual project N10031) capital outlay expense budget in FY25 by $56,772 for the purchase of Kubota Tractors authorized and budgeted in FY24, but not received until FY25. This is a grant funded expense, and a compensating decrease in the FY24 budget is being requested as well.

Information Technology ISF
A budget adjustment is necessary to increase the Information Technology operating expense budget in FY25 by $12,664 for the purchase of a Smartnet Renewal authorized and budgeted in FY24, but not realized until FY25. A compensating decrease in the FY24 budget is being requested as well.
09/23/2024 City Council Agenda 71

City Council, September 23, 2024
Budget Adjustment Report
Attachment 1
A budget adjustment is necessary to increase the Information Technology operating expense budget in FY25 by $7,517 for the purchase of Veeam subscription renewals authorized and budgeted in FY24, but not realized until FY25. A compensating decrease in the FY24 budget is being requested as well.
09/23/2024 City Council Agenda 72

ATTACHMENT 2
09/23/2024 City Council Agenda 73

Staff Approved Budget Adjustments Fiscal Year 2023-24 Budget Adjustment Report - September 2024 FY24 City Council Meeting of September 23, 2024
Attachment 2
Authority of
Increase
Department OR
CM, DoF, or
From Prior
(Decrease)
BA #
Fund
CIP Name
Account Description
Rev/Ex
Technical?
Emergency?
DD
FY Bud et?
Amount
Description
S-4
Fire
Fire Protection
Professional Services
Exp
No
No
DoF
Yes
$ (22,132.98)
Department request for fire protection services
Services
S-4
Fire
Fire Protection
Equip. Repair and Maint.

Exp
No
No
DoF
Yes
$ 22,132.98
Department request for fire protection services
Services
Ex Total
$ -
S-28
Fire Total
General Fund
Community
Dues & Publications
Ex p
No
No
DD
No
$
$ (1,433.04)
Department request for Five Winds Ranch.

Services
Community
S-28
General Fund
General Supplies
pp
Ex p
No
No
DD
No
$ 1,433.04
Department request for Five Winds Ranch.

Services
S-29
General Fund
Community
General Supplies
pp
Ex p
No
No
DD
No
$ (1,800.00)
Department request for Five Winds Ranch.

Services
5-29
General Fund
Community
General Supplies
Exp
No
No
DD
No
$ 1,800.00
Department request for Five Winds Ranch.

Services
S-30
General Fund
Public Works
Professional Services
Exp
No
No
DD
No
$ 14,362.80
Department request for professional services
Special Supplies < $10kExp
5-30
General Fund
Public Works
ea.

No
No
DD
No
$ (9,500.00)
Department request for professional services
S-30
General Fund
Engineering
Other Contracted Services
Exp
No
No
DD
No
$ (4,862.80)
Department request for professional services
S-5
General Fund
Community
Professional services
Exp
No
No
DD
Yes
$ (3,020.00)
Department request for YMAF
Services
S-5
General Fund
Community
Special Events Expense
Exp
No
No
DD
Yes
$ 3,020.00
Department request for YMAF
Services
S-7
General Fund
City Manager
Professional Services- Leg
Exp
No
No
DD
Yes
$ 6,269.96
Department request for professional services-
le al
S-7
General Fund
Non- Departmental
Contingency
Exp
No
No
DD
Yes
$ (6,269.96)
Department request for professional services -
legal
Exp Total
$
s
General Fund Total
ISelf Insurance Fund
lFinance
ISalaries ltxp
lNo lNo
DoF
Yes
$
$ 105.09
De artment request for claims expense
S-6
Self Insurance Fund
JFinance
JCIaims Expense JEx2
INo
JNo
JDoF
Yes
$ 105.09
Department request for claims ex ense
Sellf Insurance Fund Total
Ex Total
$
$
09/23/2024 City Council Agenda 74

ATTACHMENT 3
09/23/2024 City Council Agenda 75

City Council, September 23, 2024
Budget Adjustment Report
Attachment 3
Fiscal Year 2023-24
Miscellaneous Special Revenue
A budget adjustment is necessary to increase the transfer -in revenue budget in the Engineering Division by $1,428 to accept a transfer -in from the Street Maintenance Fund to cover unreimbursed grant expenditure.

Street Maintenance Fund
• A budget adjustment is necessary to increase the transfer -out expense budget in the Engineering Division by $1,428 to transfer -out funding to the Miscellaneous Special Revenue Fund to cover an unreimbursed grant expenditure.

AQMD Special Revenue Fund
• A budget adjustment is necessary to increase the transfer -out expense budget in the Public Works Division by $131,935 to send funding to the Air Quality Improvement (Sidewalks) Fund to cover expenditures already incurred.

Air Quality Improvement (Sidewalks) Fund
• A budget adjustment is necessary to increase the transfer -in revenue budget in the Public Works Division by $131,935 to accept funding from the AQMD Special Revenue Fund to cover expenditures already incurred.
09/23/2024 City Council Agenda 76

ATTACHMENT 4
09/23/2024 City Council Agenda 77

Staff Approved Budget Adjustments Fiscal Year 2024-25 Budget Adjustment Report - September 2024 FY25 City Council Meeting of September 23, 2024
Attachment 4
Authority of
Increase
Department OR
CM, DoF, or
From Prior
(Decrease)
BA #
Fund
CIP Name
Account Description
Rev/Ex
Technical?
Emer en ?
DO
FY Budget?
Amount
Description
S-8
General Fund
Community
Professional Svcs
Exp
No
No
DD
No
$ (14,000.00)
Department request for Sports General Supplies
Services
S-8
General Fund
Community
General Supplies
Exp
No
No
DD
No
$ 14,000.00
Department request for Sports General Supplies
Services
S-9
General Fund
Community
General Supplies
Exp
No
No
DD
No
$ (8,000.00)
Deparment request for stars professional
Services
services
5-9
General Fund
Community
Professional Service
Exp
No
No
DD
No
$ 8,000.00
Deparment request for stars professional
Services
services
Exp Total
1 $
S-2
General Fund Total Expense (Revenue)
LLMD Zone EE
Public Works
Utilities
Exp
No
No
DoF
No
$
$ (14,648.89)
Department request for professional services
S-2
LLMD Zone EE
Public Works
Professional services
Exp
No
No
DoF
No
$ 14,648.89
Department request for professional services
U.MID Zone EE Total Expense / (Revenue)
Exp Total
$
$ -
S-2
LLMD Zone FEE
Public Works
Utilities
Exp
No
No
DoF
No
$ (10,846.00)
Department request for professional services
S-2
LLMD Zone EEE
Public Works
Professional services
Exp
No
No
DoF
No
$ 10,846.00
Department request for professional services
Exi2 Total
$
S-2
LLMD Zone EEE Total Expense / (Revenue)
LLMD Zone SS
Public Works
Utilities
Exp
No
No
DoF
No
$
$ (2,647.00)
Department request for professional services
S-2
LLMD Zone SS
Public Works
Professional services
Exp
No
No
DoF
No
$ 2,647.00
Department request for professional services
LLMID Zone SS Total Expense / (Revenue)
Exi2 Total
$
Transfer Out to Street
S-3
Measure 1 2010-40
Public Works
Ex p
Yes
No
D.F
Yes
$ 626,000.00
FY2023-24 PMP Budget Amendement -increase
Maint.

Measure r r0.rrr
Total
Exp Total
I
I$ 626,000.00
rl
Pavement Rehab
C10021 - FY 23/24 Pavement Rehab and
S-3
Street Maintenance Fund
and Patching
CIP - Construction
Exp
Yes
No
DoF
Yes
$ 1,728,769.00
Program
Patching Program contract
Pavement Rehab
C10021 - FY 23/24 Pavement Rehab and
S-3
Street Maintenance Fund
and Patching
CIP - Construction
Exp
Yes
No
DoF
Yes
$ 170,000.00
Program
Patching Program contract contingency
Pavement Rehab
C10021 - FY 23/24 Pavement Rehab and
5-3
Street Maintenance Fund
and Patching
CIP- Administration
Exp
Yes
No
DoF
Yes
$ 50,000.00
Program
Patching Program contract administration
FY 23/24
5-3
Street Maintenance Fund
Microsurace and
CIP - Construction
Ex p
Yes
No
DoF
Yes
$ 209,771.00
C10022 -FY 23/24 Microsurace and Crackseal
Program contract
Crackseal Pr rm
FY 23/24
S-3
Street Maintenance Fund
Microsurace and
CIP - Construction
Ex p
Yes
No
DoF
Yes
$ 20,000.00
C1o022 -FY 23/24 Microsurace and Crackseal
Crackseal Pr rm
Program contract contingency
FY 23/24
5-3
Street Maintenance Fund
Microsurace and
CIP- Administration
Ex
Yes
No
DoF
Yes
S 10,000.00
Microsurace and Crackseal
C10022 -co
P
tract
Program contract administration
Crackseal Pr rm
5-3
Street Maintenance Fund
Public Works
BudgetOnly - CIP Cap
Exp
Yes
No
DoF
Yes
$ (2,188,540.00)
FY2023-24 PMP Budget Amendement - move to
Pr cts
projects
Exp Total
$
Transfer In from Meas I -
5-3
Street Maintenance Fund
Public Works
Rev
Yes
No
DoF
Yes
$ 626,000.00
FY2023-24 PMP Budget Amendement -increase
2010-40
Street Maintenance Fund Total Expense
/ (Revenue)
Rev Total
$ 626,000.00
$ rrr rr
09/23/2024 City Council Agenda 78

ATTACHMENT 5
09/23/2024 City Council Agenda 79

Fiscal Year 2024-25
General Fund
City Council, September 23, 2024
Budget Adjustment Report
Attachment 5
• A budget adjustment is necessary to increase the Community Services Sports Division operating expense budget by $14,800 for general supplies and uniform expense that was erroneously excluded from the FY25 budget.
• It is necessary to adjust various components of the Salary and Benefits expense budget in various departments by a total net decrease of $55,626 to correct budgeted position allocations. A compensating increase in other funds is being requested simultaneously. • A budget adjustment is necessary to increase the Salary and Benefit expense budget for grant -funded temporary staff costs in the Senior Services Division by $159,300, for expenses that are covered by an Omnitrans grant for senior transportation.

Public Safety Fund
• A budget adjustment is necessary to increase the Public Safety Administration operating expense budget by a total amount of $15,000 for C.E.R.T. budget items that were erroneously excluded from the FY25 budget.
• A budget adjustment is necessary to increase the Police Services Division operating expense budget by $11,874 for grant -funded equipment.
• A budget adjustment is necessary to increase the Police Service Division transfer -in revenue budget by $11,874 to accept a transfer in of JAG grant funding from the Miscellaneous Special Revenue Fund to cover the cost of equipment. • It is necessary to adjust various components of the Salary and Benefits expense budget in various departments by a total net increase of $3 to correct budgeted position allocations.

Compensating decreases in other funds are being requested simultaneously.

Gas Tax Fund
It is necessary to adjust various components of the Salary and Benefits expense budget in various departments by a total net increase of $55,841 to correct budgeted position allocations. Compensating decreases in other funds are being requested simultaneously.

Miscellaneous Special Revenue
• A budget adjustment is necessary to increase the Police Service Division transfer -out expense by $11,874, to send JAG grant funding to the Public Safety Fund to cover the cost of grant funded equipment.
09/23/2024 City Council Agenda Page 1 of 2
80 City Council, September 23, 2024
Budget Adjustment Report
Attachment 5
• A budget adjustment is necessary to increase the Police Service Division grant revenue by $11,874 for JAG grant revenue.
• A budget adjustment is necessary to increase the operating expense budget and the grant revenue budget each by $13,848 for the FY24 CalRecycle Beverage Container grant program project.

Information Technology ISF
• It is necessary to adjust various components of the Salary and Benefits expense budget by a total net increase of $6 to correct budgeted position allocations. Compensating decreases in other funds are being requested simultaneously.

Successor Agency
It is necessary to adjust various components of the Salary and Benefits expense budget by a total net decrease of $224 to correct budgeted position allocations.

CIP Projects
The primary objective of the Records Room Retrofit project is to create additional permanent working space at City Hall. Staff re-evaluated the scope of work to better achieve this objective.

After multiple variations, it was decided to retrofit the records room to house the contracted Building & Safety (B&S) team. This allowed the working space previously occupied by B&S to be repurposed for the City's Information Technology (IT) Division. Relocating IT also allowed Human Resources to move out of the former City Council office space to existing offices and cubicles, which created usable space for a communications/media room.

The Records Room Retrofit project was adopted in the FY24 CIP budget with a cost estimate of $100,000. CIP budgets rollforward until completion and accordingly the Records Room Retrofit project is included in the FY25 CIP budget. The updated scope results in a revised cost estimate totaling $72,000, a reduction of $28,000 from the original estimate.

Staff is requesting a revision to the project description to capture the revised scope of the "Records Room and Other Working Spaces Retrofit at City Hall". Also being requested is a $28,000 reduction to the project budget. The funding source for this project is the General Fund. 09/23/2024 City Council Agenda Page 2 pf 2

Agenda Item No. 10

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Scott Washburn, Deputy Director of Public Works `�
Todd Gutjahr, Public Works Analyst
FOR: City Council Meeting of September 23, 2024
SUBJECT: Award of Contract - Yucaipa Community Center Restroom Renovation - Project No. 11224
RECOMMENDATION:

That the City Council:
1) Award and authorize the City Manager to execute a contract and the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, Preferred General Services of Apple Valley, CA, in the amount of $103,934.93 for the Yucaipa Community Center Restroom Renovation - Project No. 11224 (Project); and 2) Approve the amount of $10,000 for construction contract contingency and the amount of $5,000 for construction contract administration, staff time, and inspection costs for a total construction budget in the amount of $118,934.93; and 3) Authorize an amendment to the FY25 Capital Improvement Program (CIP) Budget to increase the Renovate Community Center Restroom (Park Capital Replacement Fund) project budget by $45,000 and decrease the 7t' Street (Park) Rehabilitation (General Capital Projects Fund) project budget by $45,000; and
4) Authorize the City Manager or his designee to administer the distribution of the contract contingency; and
5) Approve the plans and specifications prepared for the Project.

BACKGROUND/DISCUSSION:

For the last year, the floor drains in the Yucaipa Community Center (YCC) public restrooms have been consistently slow to drain, leading to frequent backups. City staff has had to devote valuable time and resources to regularly mopping and vacuuming the resulting backed -up water.

After careful investigation, staff and a plumbing contractor identified the cause of the backup to be debris in the drainpipe. In order to resolve this issue, a small section of the restroom floor in each 09/23/2024 City Council Agenda 82

restroom needed to be removed in order to repair the drainage.

Upon searching for replacement tile to match the existing tile, staff encountered difficulty as vendors were unable to match the tile. In addition, the repairs would require the replacement/renovation of fixtures, partitions, etc. Consequently, staff requested and the City Council approved the renovation of the public restrooms.

Staff publicly advertised the Project for construction bids, and on September 12, 2024, two (2) bids were received from contractors as follows:

Contractor
Bid Amount
Preferred General Services
$103,934.93
American Eagle Construction
$100,960.00
(1) American Eagle Construction's bid was deemed not responsive due to missing required documentation.

The original budget for the Project is $75,000. An additional $45,000 is required to successfully complete the Project. The extra funding will be transferred from the 7th Street (Park) Rehabilitation project budget in the General Capital Projects Fund. This transfer is possible due to a reduction in the scope of the 7th Street (Park) Rehabilitation project.

Preferred General Services (PGS) of Apple Valley, 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. PGS has performed similar work for other agencies, and their work has been deemed satisfactory.

FISCAL IMPACT:

The estimated cost of this Project is in the amount of $118,934.93, which is included in the adopted FY25 Capital Improvement Program. Recommendation No. 3 adjusts the Renovate Community Center Restroom project budget upward and the 7th Street (Park) Rehabilitation project budget downward for a net $0. No other fiscal impact is anticipated as a result of the recommendations.

Attachments:

1. Bid Summary

2. Construction Agreement — Preferred General Services
Approved by:
09/23/2024 City Council Agenda 83

ATTACHMENT 1
09/23/2024 City Council Agenda 84

Yucaipa Community Center Restroom Renovation - Project No. 11224 Owner: City of Yucaipa
Bid Opening: 9/12/24
* marks an allowance
Preferred General Services
19622 Shoshonee Rd
Apple Valley, CA 92307
Bid Status: Valid
Yucaipa Community Center Restroom Renovation - Project No. 11224 Item U
Item Code
Item Description
Quantity
Unit of Measure
Unit Price
Item Total
1 Targeted emo ition and disposalof including, but not limited to existing tile, gypsum board, restroom fixtures, an partitions. 1 LS
11,963.30
11,963.30
2 P um ing a or and rough materia to a ixtures
1 LS
5,167.57
5,167.57
3 Preparation a nd insta I lation o 8 x36 wa tie City f urnis hed —Approximate ly 488 sq 1 LS
30,732.06
00,732.06
4 Preparation an insta ation o 8 x36 oor tie 8 City furnished —Approximately 495 sq 1 LS
19,341.86
19,341.86
5 Insta ation o partitions an at room accessories City furnished) - Existing toilet paper/feminine hygiene ispenser an toi et seat cover dispensers will be reused with new 1 LS
17,192.76
17,192.76
6 Installation of plumbing ixtures City furnished)
1 LS
3,438.55
3,438.55
7 Preparation a nd installation of drywall(wall) — Approximate y 610 sqft 1 LS
6,304.01
6,304.01
8 Preparation a nd paint of new a nd existing drywa (ceiling and was — Approximate y 1,591 sqft 1 LS
7,633.55
7,633.55
9 Preparation and paint of existing doorsand oorjams—Qty4 1 LS
2,161.27
2,161.27
Bid List Total
American Eagle Construction
PO Box 1609
Yucaipa, CA 92399
Bid Status: Not -Valid
Unit Price I I Item Total
Total Bid Amount I I 1 1 $ 103,934.931 1 1 1 $ 100,960.00 Listed Subs
Kenaston Flooring INone
09/23/2024 City Council Agenda 85

ATTACHMENT 2
09/23/2024 City Council Agenda 86

AGREEMENT
THIS AGREEMENT is made and entered into this 23"1 day of September 2024, by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City", and Preferred General Services , located at
19622 Shoshone Rd
Contractor / Company Name Street Address
Apple Valley CA 92307 (760) 240-3236 hereinafter referred to as "Contractor".

City State Zip Code Phone
PROJECT: Yucaipa Community Center Restroom Renovation — Proiect No. 11224 WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:

The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the "Contract Documents"). The Contract Documents are made a part hereof as though fully set forth herein.

In consideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of One -Hundred and Three Thousand, Nine Hundred Thirty -Four Dollars and Ninetv-Three cents ($103,934.93) in the manner provided in the Contract Documents and subject to adjustment provided therein.

Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract Documents and subject to adjustment provided therein.

This Contract shall not be assigned without the written permission of the City Council.

IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.

ATTEST:

Ana Sauseda, MMC
Director of General Services/City
Clerk

FUNDS AVAILABLE/INSURANCE
APPROVED:

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

Steven Graham, City Attorney

CITY OF YUCAIPA
A Municipal Corporation
Chris Mann, City Manager Date
CONTRACTOR:

Preferred General Services
Date
09/23/2024 City Council Agenda 87

Agenda Item No. 11

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Developmen ervices/City Engineer Todd Gutjahr, Public Works Analyst<�V
FOR: City Council Meeting of September 23, 2024
SUBJECT: Landscape and Lighting Maintenance District No. 1 Zone QQ Dormancy Agreement RECOMMENDATION:

That the City Council

1. Adopt Resolution No. 2024-54 approving the Dormancy Agreement for Landscape and Lighting Maintenance District No. 1, Zone QQ; and

2. Authorize the City Manager to execute the Dormancy Agreement and authorize the City Manager or his designee to administer the terms of the Dormancy Agreement.

BACKGROUND/DISCUSSION:

In June 2006, the City Council adopted Resolution No. 2006-19, approving the annexation of Tract Map No. 16055 and 10655-1 into the City of Yucaipa Landscape and Lighting Maintenance District No. 1 (LLMD No. 1), identified as Zone QQ (Zone).

Tract Map No. 16055 contains 14 lots on the north side of Highland Avenue, just west of Casa Blanca Avenue. During the final engineering design process, Tract Map No. 16055 was separated into Tract Map No. 16055, comprising of 11 lots, and Tract Map No. 16055-1, comprising of 3 lots under separate ownership. The separation conditioned Tract Map No. 16055-1 to annex into LLMD No. 1 as part of the entitlement process. The developer proposed to have the energy charges and maintenance costs for 1 streetlight, 1 drywell, and 21,241 square feet of landscape maintenance area to be placed into LLMD No. 1. Since 2006, the three parcels have been assessed, and funds were collected for the energy charges and maintenance costs. However, the developer's specified improvements were never completed.

In 2016, consistent with the City's LLMD Administrative Policy, the owner of the three parcels located at 36174 Highland Avenue requested and received a refund of a portion of the funds collected and available in the account for the Zone at that time. In 2023, the owner requested the balance of the funds and indicated they did not intend to develop nor sell the three separate parcels. 09/23/2024 City Council Agenda 88

Instead, they built homes on each of the three parcels for their family. The property owner has also requested to de -annex the Zone from LLMD No. 1.

In consultation with the City Attorney's office, it was determined that a de -annexation would prohibit/complicate the collection of future landscape and lighting maintenance district funds should the property be sold and the new property owner request to be annexed back into LLMD No. 1. As a result, a Dormancy Agreement (Agreement) is being proposed.

The Agreement would allow the Zone to remain in LLMD No. 1. However, the property assessments would cease to be collected until such a time that a future property owner wishes to complete the submission, and the improvements are completed. Under the Agreement, the property owner is obligated to maintain the existing landscape within this zone. The maintenance shall be at the sole expense of the property owner and shall be in compliance with the landscape plans and final map that are on record with the City. Maintenance shall include, but not be limited to watering/irrigation, fertilization, mowing, trimming and shaping of trees and shrubs, control of weeds, repair and replacement of damaged light fixtures and timely payment of electrical costs to Southern California Edison.

FISCAL IMPACT:

Zones within LLMD No. 1 operate based upon a break-even model. The recommendations for this item do not have a net financial impact to the City.

Attachments:

1. Resolution 2024-54

2. Zone QQ Dormancy Agreement
Approved by:
09/23/2024 City Council Agenda 89

ATTACHMENT
09/23/2024 City Council Agenda 90

RESOLUTION NO.2024-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, APPROVING THE DORMANCY OF TRACT MAP NO.
16055 AND TRACT MAP NO. 16055-1 FROM THE CITY OF YUCAIPA LANDSCAPING AND LIGHTING MAINTENCE DISTRICT NO. 1
WHEREAS, the City of Yucaipa (City) has received a written request from the owner of the properties comprising of Tract Map No. 16055 and Tract No. 16055-1 (Zone QQ) in the City requesting that such properties (Properties) be annexed to City of Yucaipa Landscaping and Lighting Maintenance District No. 1 (District) thereof for the maintenance, servicing and operation of public landscaping, energy charges and maintenance, servicing and operation of street lights and appurtenant facilities; and
WHEREAS, the City Council has received the Engineer's Report prepared by the developer's engineer as required by the City of Yucaipa with regard to the annexation of the Property to the District and levy of a proposed assessment thereon for the 2024-2025 fiscal year (Report) which contains all matters required by Section 22567 of the California Streets and Highways Code and Section 4 of Article XIIID of the California Constitution; and WHEREAS, the City Council has determined that the Property should be annexed to the District, the Engineer's Report should be approved, and the City Council should fix the time and place for a public hearing at which the City Council will receive testimony regarding the proposed assessment, of the annexation of the Property to the District and the levy of the proposed assessment thereon; and
WHEREAS, the City Council has conducted a public hearing and adopted Resolution No. 2006-19, approving the annexation of Tract Map No. 16055 and Tract No. 16055-1 into the City of Yucaipa Landscape and Lighting Maintenance District No. 1; and WHEREAS, the City Council has approved Final Track Map No. 16055 and Tract No. 16055-1 and authorized the recording of the maps; and
WHEREAS, the property owner has expressed no intent to develop Tract Map No. 16055 and Tract Map No. 16055-1 in the future.

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

Section 1. Resolution 2006-19 has been rescinded.

Section 2. The Dormancy Agreement will allow the property assessments to cease to be collected until such a time that Zone QQ is scheduled to be developed.

Section 3. The property owner is obligated to maintain the facilities within the Zone QQ. The maintenance shall be at the sole expense of the property owner and shall follow the standards that are in compliance with the plans and final map that are on record with the City of Yucaipa and the County of San Bernardino. 09/23/2024 City Council Agenda 91

Section 4. Any remining funds held by the City will be refunded to the property owner.

Section 5. Authorize the City Manager to execute an agreement and authorize the City Manager or his designee to administer the terms of the Agreement for the Dormancy of Landscaping and Lighting Maintenance District No. 1, Zone QQ.

PASSED, APPROVED, and ADOPTED this 23`d day of September, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
09/23/2024 City Council Agenda 92

ATTACHMENT 2
09/23/2024 City Council Agenda 93

LANDSCAPE LIGHTING MAINTENANCE DISTRICT

DORMANCY AGREEMENT
THIS FACILITIES MAINTENANCE AGREEMENT ("Agreement") is made and entered into this day of September 23, 2024 ("Effective Date"), by and between Don/Michelle Bradley ("Property Owner"), and the CITY OF YUCAIPA, a California municipal corporation ("City") with reference to the following facts:

RECITALS
A. Reference is made to that certain real property situated in the City of Yucaipa, County of San Bernardino, State of California, known as Zone QQ site and described on Exhibit "A", attached hereto and incorporated by this reference as if fully set forth herein ("Project Site").

B. The City and the Property Owner desire to enter into an agreement pursuant to which the Property Owner will maintain the Facilities within the Maintenance Area as both are depicted on Exhibit "A".

AGREEMENT
NOW, THEREFORE, the City and the Property Owner (together, the "Parties") hereby agree as follows:

1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to assure the maintenance, periodic inspection, repair, safe operation and, if and when necessary, replacement of the Facilities by the Property Owner at its expense in accordance with the standards, including the Maintenance Standards (defined in Section 4 below), set forth herein.

2. FACILITIES AS A BENEFIT. The Property Owner agrees that the Facilities will materially benefit Project Site and that Property Owner's maintenance, repair, safe operation and, if and when necessary, replacement thereof in accordance with this Agreement.

3. PROPERTY OWNER'S RESPONSIBILITIES. Property Owner, at its sole expense, shall maintain, safely operate, periodically inspect, repair, resurface and, if and when necessary, replace the Facilities identified in Exhibit "A", as well as perform all necessary service on maintenance equipment, in order to ensure the attractive and healthy appearance of the landscaping, the attractive appearance, condition and safety of any and all structures, and the efficient operation of all of the Facilities, including paying any utility expenses associated with the Facilities, said utility expenses to be paid by the Property Owner upon the direct receipt of invoices for utility services from the utility providers, all in accordance with the Maintenance Standards described in Section 4 below, and industry and City standards applicable to similar Facilities.

4. MAINTENANCE STANDARDS. The following standards (collectively, "Maintenance Standards") shall be complied with by Property Owner and its maintenance staff, contractors and subcontractors in connection with the required maintenance of the Facilities:
09/23/2024 City Council Agenda 94

a. The Facilities shall be maintained in compliance with the Plans and Final Map, in good condition, and in accordance with the custom and practice generally applicable to public rights -of -way and public property within the City of Yucaipa. b. Facilities Maintenance shall include, but not be limited to:
watering/irrigation; fertilization; periodic trimming, mowing, and/or edging of grass and lawn areas; pruning of trees, shrubs, and other vegetation; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, safe road conditions and visibility, and irrigation coverage; removal and replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees.

C. Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed -free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from Facilities and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers.
d. Lighting maintenance shall include prompt replacement of inoperable light bulbs, repair and replacement of damaged light fixtures and timely payment of electrical costs to Pacific Gas and Electric.
e. All maintenance work shall conform to all applicable federal and state Occupation Safety and Health Act standards and regulations for the performance ofmaintenance. f. Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied in strict accordance with all governmental requirements.

Precautionary measures shall be employed recognizing that all areas are open to public access.

5. FORBEARANCE OF LEVY. The City agrees that, provided Property Owner is not in default of its obligations under this Agreement, to annually levy $0.00 through Landscape Lighting Maintenance District No. 1 against the Project Site for each applicable assessment period during the term of this Agreement.

6. NO IMPAIRMENT OF LIEN. No violation or breach of the agreements, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Property Owner to the Project Site or any portion thereof shall be bound by such agreements, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.

7. ENCROACHMENT PERMIT; RIGHT OF ENTRY. The Property Owner and the City acknowledge that, to the extent that the Facilities are located within the City rights -of -way, the Property Owner shall obtain an encroachment permit from the City in order for the Property Owner to perform its obligations under this Agreement. Such an encroachment permit shall set 09/23/2024 City Council Agenda 95

forth the terms and provisions upon which the Property Owner has a right to enter onto such rights - of -way in order to perform maintenance, inspection, repair and, if and when necessary, replacement services (collectively, "Maintenance Services"). The encroachment permit shall be issued on the terms and conditions of this Agreement:
a. Permitted Uses. The Property Owner may enter upon such Facilities as are located within the City rights -of -way, and may temporarily block reasonably necessary portions of the adjoining street surfaces, solely for the purpose of performing Maintenance Services, and incidental purposes thereto, such as operating equipment and storing materials during the period maintenance services are being performed (collectively, "Activities"). The Property Owner shall not use such areas for any other purpose.

8. PERMITS AND APPROVALS. To the extent that performance of the Maintenance Services or other Activities requires permits or governmental approvals, the Property Owner shall, at its sole cost and expense, obtain such permits and approvals. The City shall issue encroachment permits, from time to time, on the terms set forth in Section 7 above.

9. TERM. This Agreement shall commence immediately upon the Effective Date and shall continue in perpetuity until and unless terminated by the City in its sole discretion or by mutual agreement of the Parties.

10. INDEMNIFICATION. The Property Owner shall indemnify, defend and hold the City, its Council, boards, offices, commissions, agents and employees harmless from liens, claims, demands, actions, causes of action, obligations, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees (individually, "Claims" and collectively, "Claims"), which may arise from or in any manner relate to any work performed or services provided under this Agreement by the Property Owner, or the Property Owner's contractors, subcontractors, agents or employees, including, but not limited to, the performance of the Maintenance Services or other Activities. Notwithstanding the forgoing, the Property Owner shall not be obligated under this Agreement to defend and/or indemnify the City to the extent that any Claim is caused by the negligence or willful misconduct of the City or its agents or employees. The aforementioned indemnity shall apply regardless of whether or not the City has prepared, supplied or approved plans and/or specifications for the Facilities and regardless of whether any insurance required under this Agreement is applicable to any Claims.

11. DEFAULT.
a. The failure by Property Owner to maintain the Facilities within the Maintenance Area as both are depicted on Exhibit "A" will constitute an event of default.

Upon such event of default, the City shall provide written notice to the Property Owner. Upon receipt of the written notice, the Property Owner shall have ten (10) days to remedy such event of default (or such longer period of time as may reasonably be required, provided that the Property Owner shall commence to remedy such default within ten (10) days period and thereafter diligently prosecute such remedy to completion). b. If the Property Owner fails to remedy the event of default within the prescribed time period, the City may assume responsibility to maintain the Facilities within the 09/23/2024 City Council Agenda 96

Maintenance Area as both are depicted on Exhibit "A" and levy and collect the special assessment, up to the maximum amount permitted in the Zon Engineer's Report on file with the City Clerk, against the Project Site for each applicable assessment period. Additionally, the City shall have the right to do all work necessary to remedy the event of default and charge the Property Owner actual costs incurred by the City for such work. The City may bring legal action to collect the sums due as the result of expending public monies to maintain, repair and, if and when necessary, replace any Facilities which are the responsibility of the Property Owner as provided herein. The Property Owner acknowledges and agrees that the City may also pursue any and all other remedies available in law or equity in the event of a breach of the Property Owner's obligations and agreements set forth herein.

C. Property Owner waives any and all rights to in any way challenge, including by bringing a claim, cause of action, or demand, (1) the resumption of assessments by Zone QQ (2) thew amount of the special assessment levied by Zone QQ at any time subsequent to the default; and (3) the reasonable costs and expenses incurred by the City of maintaining the Facilities.

12. ASSIGNMENT BY CITY. The City shall have the right at its option to assign its rights and obligations under this Agreement to a municipal services district or other public agency without consent of the Property Owner.

13. AGREEMENT ATTACHES TO LAND AND BINDS PROPERTY OWNER'S SUCCESSORS AND ASSIGNS. This Agreement pertains to and runs with the Project Site in perpetuity (subject to Section 9 above), and shall be recorded against Project Site. This Agreement binds the assigns and successors -in -interest of the Property Owner, including any transferee of a fee interest in any lot located within Project Site. The City and its successors and assigns, in the event of any breach of this Agreement, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits inequity or other proper proceedings against the Property Owner or its permitted successors and assigns to enforce the curing of such breach.

14. ASSIGNMENT BY PROPERTY OWNER.
a. Assignment to Successor Property Owner. The Property Owner may assign its obligations under this Agreement to a successor Property Owner only with the prior written approval of the City. In connection with any such assignment, the Property Owner and its assignee, the successor Property Owner, shall execute and deliver to the City a written assignment and assumption agreement in a form acceptable to the City Attorney.
b. Assignment to Homeowners Association. The Property Owner may assign its obligations under this Agreement to the HOA only with the prior written approval of the City. In connection with any such assignment, the Property Owner and its assignee, the HOA, shall execute and deliver to the City a written assignment and assumption agreement in a form acceptable to the City Attorney. c. Release of Property Owner. Upon the City's acceptance of the written Assignment and Assumption Agreement between the Property Owner and a successor Property 09/23/2024 City Council Agenda 97

Owner or HOA, Property Owner shall be relieved of the performance of any further duties or obligations under this Agreement arising after such assignment and the Property Owner shall be released from any further liability under this Agreement.

15. NOTICES. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:

To the Property Owner: Don/Michelle Bradley
36194 Highland Ave
Yucaipa, CA 92399
To the City: City of Yucaipa
34272 Yucaipa Blvd.

Yucaipa, CA 92399
Attn: City Manager

16. MISCELLANEOUS.
a. Entire Agreement, Amendments. This Agreement contains the entire understanding and agreement of the parties. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the Parties to this Agreement. b. Parag_ra�h Headings. Paragraph headings as used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning hereof.

C. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of California. Venue shall be the County of San Bernardino, San Bernardino Justice Center.
d. Counterparts. This Agreement may be executed in any number of counterparts which together shall constitute the contract of the Parties. e. Exhibits. Any and all exhibits and schedules attached or to be attached hereto are hereby incorporated and made a part of the Agreement by reference. f. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect. g. Authority. Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and 09/23/2024 City Council Agenda 98

perform all of its obligations hereunder.
h. No Agency Relationship. Neither the Property Owner nor any of the Property Owner's agents, contractors or subcontractors are or shall be considered to be agents of City in connection with the performance of any of the Property Owner's obligations under this Agreement.
i. Attorneys' Fees and Costs. Either party may bring a lawsuit to enforce or require performance of the terms of this Agreement, and the prevailing party in such suit or proceeding shall be entitled to recover from the other party's reasonable costs and expenses, including attorneys' fees.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first stated
above.

PROPERTY OWNER
Don/Michelle Bradley
C
CITY
CITY OF YUCAIPA, a municipal
corporation
Chris Mann, City Manager
ATTEST:

Name:

Ana Sauseda, MMC, Director of General Services City Clerk Date:

Date:
09/23/2024 City Council Agenda 99

Exhibit A
Real Property Description
09/23/2024 City Council Agenda 1 o o

6110I2019
Assessor,
Propinto
San Bernardino County - PIMSr` PQF Format
Property Information for Parcel 0321-181-30-0000
�HTML Format
Parcel Parcet
Parcel
Property Tax
Use
Land ( Sire
Land
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SAN SERNARDINO
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Property Address (Main Situs) Ovmer and Malting Address I Effective Date Protected per CA. Govt Cade Sect 6254.21 JACKsoN, NICliELLE ( 08/02/2021 Protected per CA. Govt. Code SecL 6254.22 Protected per CA. Govt. Code Sect 6254.21 Protected per CA. GovL Code Sect. 6254.21
Current Owners
F— flame
Rf�3 �o Irttu
Type I Acqucs,I flan a eD t I Document Cate
Inac'.ive Date Document Nbrs
JAR(SON, 141QiELLE
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i00.0000000
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07(2bR011
07/26 11I
NONE
20110301547 1
Legal Description
iYUCAIPA BENSON SUB PTNS LOTS 9 AND 10 BEG AT A PT ON THE W LI SD LOT 9 SD PT BEING N 0 DEG 10 MIN W 1 t300 FT FROM PT OF INTERSECTION OF W LI SO LOT 10 AND N LI HIGHLAND AVE TH PARALLEL WITH N LI 50 LOT 9' iN 89 DEG 50 MIN E 90 FT TH CONT N 89 DEG 50 MIN O0 SECONDS E 31.39 FT TH N 17 DEG 00 MIN 45 SECONDS E f62.68 FT TH PARALLEL WITH N LI SD LOT 9 N 89 DEG 50 MIN 00 SECONDS E 221 FT TO BEG OF A CURVE i tCONCAVE NWLY HAVING A RAD OF 270 FT AND A RADIAL HEARING OF N 84 DEG 57 MIN 58 SECONDS W TH SWLY ,;ALG ARC OF SO CURVE THRU A C/A OF 35 DEG 30 MIN 36 SECONDS 167.34 FT TO A REVERSING CURVE HAVING A}}' :•RAD OF 330 FT TH ALG ARC OF SO CURVE THRU CIA OF 44 DEG 50 MIN 44 SECONDS 25829 FT M/L TO CIL OF t `HIGHLAND AVE TH ALG SD C/L N 82 DEG 14 t11N 30 SECONDS E 110.32 Fr TO AN ANGLE PT TH S 75 DEG 64 MIN E '182.50 FT TO AN ANGLE PT TH N 67 DEG 20 MW E TO SW CDR OF LAND CONVEYED TO THORNTON R KIVETT PER :DEED RECORDED OCT 4 1951 BOOK 2833 PAGE 21 TH N ALG SO W LI OF THE LAND SO CONVEYED TO KIVETT TO 1 IN W COR OF KRIETr PROPERTY SO CDR BEING ON N LI OF LOT 9 TH S 89 DEG 50 MIN W ALG SO N LI OF LOT 9 TH t �NW COR SD LOT TH S 0_DEG tO.MIN W 406 FT Mlt. TO PCB.

Leqal Reason for Chanqe
Legal Reason ror Change
� Document Number
I Date
STR
20090114515
03/I812009
COC
20010532056
11/21/2001
CDC
200ID452831
10/03/2001
No Active Hox Exemptions as of 0611012019 were found
www.sbcounty.gov/assessorlpimsl(S(hxtn4lk2a4enyxdzyn4tbsmm)yp[ MSINTERFACE.ASPX 1/2 09/23/2024 City Council Agenda 101

Agenda Item No. 12

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
Todd Gutjahr, Public Works Analyst
FOR: City Council Meeting of September 23, 2024
SUBJECT: Acceptance of Contract Work - 13th Street Sports Complex Facility Parking Lot Lighting Phase I — Project No. 11189
RECOMMENDATION:

That the City Council:
1) Accept the contract work completed by Quality Light and Electrical in the amount of $58,805 for the 13th Street Sports Complex Facility Parking Lot Lighting Phase I — Project No. 11189; 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 March 26, 2012, the City Council approved a Development and Operations Agreement (Agreement) with Yucaipa Valley National Little League (YVNLL) for the phased construction and use of the 13th Street Sports Complex Facility (Sports Complex). The Agreement identified the components for which the City would be responsible and the components for which YVNLL would be responsible. Over the years, the City Council has approved several amendments to the Agreement, primarily to recognize and address the community's extensive volunteer efforts to complete the facility's phased construction, such as the annual Make a Difference Day events. The initial phases of the Sports Complex were constructed and have been open for YVNLL for several years. Subsequent construction phases were identified in a Letter of Understanding (LOU) between the City of Yucaipa and YVNLL, approved by the City Council in early 2020, which identifies the City to complete the parking lot improvements supporting the Sports Complex. According to the LOU, YVNLL's fair share of the costs were identified in the amount of $219,800, to be paid with an initial payment of $90,000 and minimum annual installments of $10,000. These improvements were completed in May of 2021 and included constructing the asphalt parking lot, curb and gutter, concrete sidewalks, a trash enclosure, drainage facilities, and parking lot striping. 09/23/2024 City Council Agenda 102

The final phases of work required to complete the Sports Complex include installation of parking lot lighting and landscaping. The parking lot lighting is being completed in phases. The 13th Street Sports Complex Facility Parking Lot Lighting Phase I — Project No. 11189 (Project) includes safety lighting for the parking lot entrance/exit and ADA parking. Phase II will include lighting for the remainder of the parking lot. Staff prepared the engineering plans and specifications for the Project which was publicly advertised for construction bids in February of 2024.

On March 11, 2024, the City Council awarded a contract to Quality Light and Electrical to complete the Project in the amount of $58,805. The City Council also approved the contract contingency of $5,800 for a total construction contract budget of $64,605. Staff inspections performed during the work and upon completion have ensured that the work was completed in accordance with the contract specifications for the Project.

Staff is currently finalizing the landscaping plans for the parking lot, as well as evaluating options for Phase II of the parking lot lighting which includes the possibility of installing the solar -powered parking lot lighting. Staff will return to the City Council with recommendations for completing the final phases of lighting and landscaping improvements.

FISCAL IMPACT:

The contract work has been completed for a total cost of $58,805, which is $5,800 under the authorized construction budget for the Project.

Attachments:

1. Notice of Completion — Project No. 11189
Approved by: �" � vex
09/23/2024 City Council Agenda 103

ATTACHMENT
09/23/2024 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:
13TH STREET SPORTS COMPLEX FACILITY PARKING LOT LIGHTING PHASE I — PROJECT NO. 11189
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 23rd day of September 2024.

The said work was performed by Quality Light and Electrical of Bloomington, CA in accordance with the terms of the written agreement dated the 11th day of March 2024.

Dated September 23rd, 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 23rd day of September 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, MMC
Director of General Services/City Clerk
09/23/2024 City Council Agenda 105

Agenda Item No. 13

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer FOR: City Council Meeting of September 23, 2024
SUBJECT: Final Parcel Map 20525
RECOMMENDATION:

That the City Council:
1) Approve Final Parcel Map No. 20525; and
2) Accept and authorize the recordation of the map from JSAMJ, Inc.

BACKGROUND/DISCUSSION:

On July 11, 2022, Tentative Parcel Map 20525 was conditionally approved by the Planning Division to permit the subdivision of a property into two (2) parcels. The property is located at 35070 Avenue B (APN No. 0319-054-21).

City Council approval is required to accept and authorize recordation of a Final Parcel Map. Staff has conducted a Condition Compliance Review, and all conditions of approval applied to Final Parcel Map 20525 have been met.

FISCAL IMPACT:

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

Attachments:

1. Location Map

2. Exhibit of Parcel Map 20525
Approved by:
09/23/2024 City Council Agenda 106
U6

ATTACHMENT 1
09/23/2024 City Council Agenda 107

LOCATION MAP
70 Re'94 .NCAIPA gLyD vy1
N. T. S.

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AVENUE -� "D"
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COUNTY LINE
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Parcel Map 20525
40—
C
09/23/2024 City Council Agenda
108

ATTACHMENT 2
09/23/2024 City Council Agenda 109

2 PARCELS

0.3197 ACRES GROSS

0.2752 ACRES NET PARCEL MAP NO. 20525

IN THE CITY OF YUCAIPA, COUNTY SAN BERNARDINO, STATE OF CALIFORNIA BEING A PROPOSED SUBDIVISION OF THE NORTH HALF OF LOTS 20, 21, 22 AND 23 OF BLOCK 92, REVISED MAP OF YUCAIPA VALLEYAS PER PLAT RECORDED IN BOOK 17 OF MAPS, PAGES 91, 92 AND 93 RECORDS OF SAID COUNTY. BEING IN NE 114 OF SEC 1, T2S, R2W.

ANDREASEN ENGINEERING, INC. AUGUST 2022
OWNER'S STATEMENT:

WE MWW STATE WE ARE ALL AND THE ONLY PARIIES FANG ANY RECORD TIILE MEREST N THE IAND SUMDED AS SHOWN ON THIS MAP, AND WE OOAW ! TO OK PREPARAITON AND RECORDATION OF ORS PARCEL WP.

JSW,, INC, A &FORMA CORPORATION
`�- "�,> /L I-2t

JAM JONES
NOTARY ACKNOWLEDGMENT:

A NOTARY I'll" OR TIMER OFFICER COMMETM TARS CDW MAIE VE M ONLY WE "I Y OF W INDMOLW. WIIO SI6YIE0 THE DOCUlm TO WM'CH DRS CERTIFTDA7E IS ATMCTO, AND NOT ME NUTHFUUKS5 ACCURACY OR VAFANY OF MAT DOCIMIF/f!.

STATE OF CWFORNA
caw or 6wmwmw IzkomwlidQ
ON - 2 • ZZ �FORE M£ l�n S 5�14S�TAITY M�LIC
PERSONALLY APPEWED 34,. —%ty%y i
WOIO PROVED 70 Yf ON THE 945LS OF SATISFACTORY EYIXNCE 10 [tE�R50t*K)SF TO DIE WTFRN /NSIRUMEM AKD ACl(1q 1D ME EXECUTED THE Sort N /IA AUMOH2m GPACDY(RSf, AND TINT 1U XMTUMWIi ON 1W NSTRUMENT THE PERSOeI((il• OR DIE WRY UPON 8EIW OF *KH TIE FYRSOW( ACOD, EXECUTED DIE IN MAI M.

I CERTIFY UNDER F* MLTY OF PER,NTR' UNDER TV LAWS OF ME STATE OF DALFORNLA MAT THE FORECONG PARAYRRAPH 6 TRUE AND CORRECT.

W1rAM MY HAND AND OFFTCYAL SEW
X,&'..TUR£ OF NOTARY.

NAME OF NOTARY.'
A +�t
MY PIRACIPW PLACE OF BUSNESS 6 IN
i 'd .Q J
...

MY COMML M VOWS
SURVEYOR'S STATEMENT:

SHEET 1 OF 2 SHEETS
7MS AMP WAS PREPARED BY AF OR LAW MY WCT ON AND 6 DASEO UMW A FELD SURA FY N CONFORANNCE WRH DIE REOUIREMEN6 OF THE AWAASION ALP ACT AND LOCO. OROM WE AT THE REOVEST OF ARED JONES. ALL MONUMENTS SHOWN HEREON ARE OF THE CTW7 MT AND CCCLIPY INC M MIS NDICAIFU OR WRL BE SET N SUCH POSITIONS ON OR BEFORE CWE (1) YEAR FROM 94P R£COROATTOY N CONFORWNCY KITH SECTON 66495 k 66496 OF THE SUBD4,150 .WP ACT. 1 HERE6Y STATE TINT TINS PARCEL AMP SUBSTANIWLY CONFORMS TO DR KO APPROOR COMEVIDW APPRM TWAIN MN, F ANY.

Czf'/'S.1.1 O1.0
LA"OSG9G
ERIC J. AMDREASEACLS 8256 /DATE
°- LS. 8256
Ej * p.12-31-23
0orc 00iOP�P
I IMW SrATE OMT I HAVE EXAMINED TITS MAP, AND DM OF SUBOMSION SHOWN HEREON 6 SUWANTWLY OF $WE AS

R APPEARED ON THE ANTATNE PARCEL MAP, F REOUWD, AND ANY APPROVED ALIERAM MEREOF, AND DMT ALL OF OF PRONSKWS OF TIE SUVWSON MAP ACT AND THE CITY OF YUCAIPA SURMTON ORONMICES HAVE 8MY COMM/ED MOH.

DAIED: . 20jY31j
6Y..,
TOM G. PRECAM,, CITY DV"

CITY OF YUCAPA RCE NO TIM
& MITOY DATE: i?-31 f? 2.4
COUNTY SURVEYOR'S CERTIFICATE:

I HEREBY CERTIFY THAT 184W EXAMINED THIS A14P AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE SUBDMSIM MAP ACT HAVE BEEN COMPLIED WITH AND I AM SIDSFIED SAID MAP 6 TECHNMALLY CORRECT.

DATE IZJ73%22 .2021
p"µ NNO9
CITY COUNCIL'S STATEMENT: 11KML45 P. HERNlI. COUNTY SURVEYOR I &WRY STATE MAT IRE CRY COLMY$ OF ME CRY OF YUDAIPA DULY APPROVED THE ANIEAED PARGYL AMP W. 2025. SAN SERNAR01 { PLS ft am
�• .DEPUTY
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ZWNFA 69dIWFBRO ANA SA,3SEOA LS AK). S3oZ
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AS56Tk�'-NNN6H7

CDY CLERK, CRY OF YUCTFA
SIGNATURE OMISSIONS:

THE SGAMTUIn OF IHE FOLLOWAG PARTIES M E BUY OMITTED PU451WJT TO ME PROVISIONS OF DIE SUBMNSIOY NAP ACT SECTION 6",, AS MEN NEERYST CAINWT RIPEN WO A FEE
AN EASEMENT FOR TRAMWAYS TELEPHONE, ELECTPoGL LIGNTS AND POWER LINES AND RIM NCWNTAL THERETO N FAVOR OF REDLANDS AND YTI 4R WATER COMPANY, A CORPORATION AS SET FORM IN A DOCUMENT RECORDED DECEMBER 9, 1944 N BOOK 172J PACE 245 OF O'FM,W RECORDS AFFECTS SAID LAND. (SAD EASEMENT CANHDF BE LOGIED OF RECORD)
AN EASfMEH4 MR WATER PFFLLRES N FAVOR OF RED/AYDS AND YTMAP4 WATER COMPANY, A COMWAIKN AS SET FORTH N A DOCIRLENT RECORDED AY 14, 1910. N BOON 463, PAGE J81 OF DEEDS AFFECTS SW LAND (SW EASEMENT MATOT BE LOCATED OF RECORD)

BOARD OF SUPERVISORS CERTIFICATE
4,70o-
1 HEREBY CERTFY TINT A BM Off
ff SUM Of 1,qq� sr� HAS BEEN EXECUTED AND FRED WTM THE BOARD OF SUPERNSORS OF AE e6 W -W SAN LfMMROWO,MSTATE OF CWdORNq CONDITIONED WON Tr PAYMENT OF ALL TAXES (SMIE COUNTY, ATOCPTH LA OR LOX) AND ALL SPECK ASTEALENLS, COLLECTED AS TAXES WWH AT DIE OWE OP&MG OF M6 WP W/RI ASSESSOR-REGDRDER-COUNTY CLERK, ARE A LIEN KAINST SAID PROPERTY, BUT NOT 0 PAYANC AND OW THE SIMIVIGFR INS RED ON ME A URW07E 0NOPER OFFICER GANG FRS ESTIMATE OF THE AMOUNT OF SAID TAXES AND SPECK ASSESSMENTS: AND SLID BOAR 6h9EBY ACCEPTED.

SePf -Ier L(, i024 °-
LNTFD" , Off'+ LYNIA YONELL
+ CO N Ty CLERK OF DLE BWRD OF SUPERVISORS
0 Sr,1A piRNARDIND CWWT'y 'SAL 8ERNMOM0 COUNTY
THE
BY:. Cam"/ . com
AUDITOR -CONTROLLER I TREASURER I TAX COLLECTOR'S CERTIFICATE:

I HEREBY CERTIR' TINT ACCORDW TO THE RECORDS OF MB OFFACE. AS OF TM LATE MERE ARE NO LIENS AG4067 TIE REAL PROPERTY SI MT' UPON D16 AKP FOR MAD STATE. COUNTY, AeINCM. OR LOCAL UXES, OR SPECK ASSESSMENTS n._ COLLECTED AS TAKES, EXCEPT TAXES OR SPECK ASSESSMENTS NOT YET PAYABLE, ESNOTED TO BE J .Pf N. 71?0 Se - 6— 4, 22'1 `e-
LM$v": E _ " P2—
�� wv'"

DM MASON

NWOR-CONTAOLLER/IREASURER/TAX COLLECTOR

SW BERNARM COUNTY
09/23/2024 City Council Agenda

2 OF 2 SHEETS
PARCEL MAP NO. 20525

IN THE CITY OF YUCAIPA, COUNTY SAN BERNARDINO, STATE OF CALIFORNIA BEING A PROPOSED SUBDIVISION OF THE NORTH HALF OF LOTS 20, 21, 22 AND 23 OF BLOCK 92, REVISED MAP OF YUCAIPA VALLEY AS PER PLAT RECORDED IN BOOK 17 OF MAPS, PAGES 91, 92 AND 93 RECORDS OF SAID COUNTY. BEING IN NE 1/4 OF SEC 1, 72S, R2W.

ANDREASEN ENGINEERING, INC. AUGUST 2022
17f111A111ADV AAAD
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N. SAW. RICE 31890 PER
CORNER RECORD J19 / 057
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WEST
47780' (478)
N 89159'18' W
ALLEY
47764' (418)
N 89'5816W
"B"
STREET FA I' LP. AND TAG L.S.
4311 PER CR F97/!08
I W O (660) 659.74" AND CR 276 / 91
181.94' (181)
S,HF.,NS
S,NF.,NS �..
47772' (478) W
J I
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L GRAPHIC SCALE: 1"=60' R
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J1890 (NO REO 4V LEU OF
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S,NF,NS, AND CR 176 / 91
(650) 659.53'
STREET

SURVEYORSNOTES
RAM OF BFAR6W5: THE BEARING OF VEST' AS SHOWN FOR

THE CENIEALRLE OF AVENUE 'A -(FORMERLY IOIOWN AS
CNFORN4 AVENUE) AS SHOWN ON REVISED MAP OF Y11C/1PA
VNLEY AS PER ROT RECORDED N BOOK 17 OF MAPS, PAGES
91, 92 NN AND 93 RECORDS OF SAN BERDINO COUNTY WAS
USED AS THE BASIS OF BFARWGS FOR THIS W.
- LGARE,' 92,71400 FWAV AS NOTED.

O - SET LFAO, DICK i TAG 1S 8256' OR I' LP. rAmm
LS 8256 OR 9'AND WASTER STAVED LS 8256.

TO 8E SET AT ALL PRP°FA7 CORNERS
S,NF,NS - SS4RCKV,, NORIM, FIXRR1, NOIW4O SET
( ) - INOIGTES RECORD DATA PER M.B. 17 / 91-93

PROPERTYAND EASEMENT MAP
ALLEY
W 35
Uj
I
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C>v
- 4895910 w .,,., Raul — - — -
-- —�`
N 89'59'18" W 4J4.72' -m
274.82' (275) 79.95' 79.95"
(80) (80) E
W I 8'
a- 2 h2

0.1522 AC. GROSS c n 0.1675 AC. GROSS

0.1376AC.NET Z 0.1376AC. NET I m
A 5' eE _

79.94' 194'
W N 89'S8'S7' W 159.86'
�a �8'g
274.78' (275) 159.87' (160) 2
N Ka•u•u• W
plai
11'
0 20 40 . 6o
GRAPHIC SCALE: 1"=40'
- - - —�- "B" STREET—
_ N 8T58'J6' W 47764' (478)
_ FD. 1' LP. AND TAG
EASEMENTN07E
SBA SURI' PER CORAERRECORD OOJ A 5' WID£ EASEMENT FOR PIPELINES TO 02 CWBERS JOl / ANO BETTY L. CHAMBERS RECORDED SEPTEMBER 20, 1947 IN BOOK 2119 PAGE 440 OF OfFIC4ll RECORDS.
09/23/2024 City Council Agenda
III

Agenda Item No. 14

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Todd Gutjahr, Public Works Analyst/
FOR: City Council Meeting of September 23, 224
SUBJECT: Award of Contract - Installation of City Furnished High Bay LED Light Fixtures and Lighting Equipment at the 7t' St. Courts (12385 7t' St.) — Project No. 11213 RECOMMENDATION:

That the City Council:
1) Award and authorize the City Manager to execute a contract, and the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, LogicLamp Technologies of Fullerton, CA in the amount $46,031.35 for the Installation of City Furnished High Bay LED Light Fixtures and Lighting Equipment at the 7th St.

Courts (12385 7th St.) — Project No. 11213 (Project); and 2) Approve the amount of $4,600 for construction contract contingency and the amount of $2,300 for construction contract administration, staff time, permitting and inspection costs for a total construction budget in the amount of $52,931.35; and 3) Authorize the City Manager or his designee to administer the distribution of the contract contingency; and
4) Approve the plans and specifications prepared for the Project.

BACKGROUND/DISCUSSION:

On September 12, 2022, the City Council approved the revised Conceptual Pickleball Master Plan for the 7th Street Pickleball facility and approved the development of Phase 1 of the facility, which includes the following:

1. Removal of the existing 7th Street Modular Skate Park equipment and construction of four new pickleball exclusive courts.

2. Installation of a steel structure over the four proposed pickleball courts that emulates/expands the existing steel structure cover.

3. Demolition of the existing theatre building located east of the existing basketball courts.
09/23/2024 City Council Agenda 112

4. Installation of lighting under the new steel structure cover over the four pickleball courts.

Items 1-3 of the Pickleball Master Plan have been completed.

Item No. 4 includes replacing the current high bay lights under the original basketball court cover with LED fixtures, as well as installing the same LED light fixtures for the new pickleball courts. In addition, a lighting control system will be installed to allow staff to remotely control and monitor the entire LED lighting system.

Staff publicly advertised the Project for construction bids and on September 5, five (5) bids were received from contractors as follows:

Contractor
Bid Amount
LogicLamp Technologies, LLC
$46,031.35
MM Energy and Lighting
$148,800.00
CWFC Inc.
$72,800.00
Quality Light and Electrical
$90,246.00
FEC Electric (1)
1 $53,805.00
(1) FEC Electric submitted a request to withdraw their bid due to a clerical error and their request was granted.

LogicLamp Technologies, LLC (LogicLamp) of Fullerton, CA, is the apparent lowest responsible bidder. The Engineer's Estimate for the installation is $55,000. Staff has reviewed the bid documents and determined that the documents meet the requirements of the contract specifications. LogicLamp has performed similar work for other agencies, and their work has been deemed satisfactory.

FISCAL IMPACT:

The estimated cost of this Project is in the amount of $52,932 and is included in the adopted FY25 Capital Improvement Program as the 7t' Street Pickleball Facility. No other fiscal impact is anticipated as a result of the recommendations.

Attachments:

1. Bid Summary

2. Construction Agreement — LogicLamp
Approved by:
09/23/2024 City Council Agenda 113

ATTACHMENT
09/23/2024 City Council Agenda 114

City of ,
/
Project/Bid No:

Staff Present:

Bids Opened by:

Project Name:

BID OPENING MEETING
11213
Debbie Shortidige, Kevin Garcia, Todd Gutjahr
Debbie Shortlidge
Date: 09/05/24 Time: 2:00 PM
Installation of City Furnished High Bay LED Light Fixtures& Equip at 7th Street Courts Number of Addendums 0
BIDDER

ADDRESS

ADDENDUM(S)

ADDITIVE

ALTERNATIVES
BONDS

NON -COLLUSION

BID AMOUNT
1 LogicLamp Technologies. LLC
231 E Imperial Highway Ste#104
Fullterton, CA 92833
i�
V
✓
yG, 0
2 MM Energyand Lighting
2601 Hughes Ln
Bakersfield, CA 93304
>
/
Q
4 Light and Electrical
11055 Alder Ave Bloomington, CA
92316
.X
/
v
Is
-Quality
f `�G IeC;h�� c. Inc.
7 coo Q . S>h4 ~�
�BP � U-�-QQS CA g Z374
%�
_
5 f C S' O
6 7
8 9
10 L
r.

Recorder: omA
All Bids were received by the Bid Due Date and Time listed above.

Date: 2�
Engineers Estimate
Va,iq1i:u,091 1I3i39 CiiO`CYpe °ggRe,f Benda 115

ATTACHMENT 2
09/23/2024 City Council Agenda 116

AGREEMENT
THIS AGREEMENT is made and entered into this 231 day of September 2024, by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City", and LogicLamp Technologies, LLC
Contractor / Company Name
located at 231 E. Imperial Highway, #104
Street Address
Fullerton CA 92833 (844) 422-2820 hereinafter referred to as "Contractor".

City State Zip Code Phone
PROJECT: Installation of City Furnished High Bay Light Fixtures and Lighting Equipment at the 71h St Courts (12385 711 St) — Pro iect No. 11213
WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:

In consideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of Forty -Six Thousand, Thirty -One Dollars and Thirty -Five cents ($46,031.35) in the manner provided in the Contract Documents and subject to adjustment provided therein.

This Contract shall not be assigned without the written permission of the City Council.

IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.

ATTEST:

Ana Sauseda, MMC
Director of General Services/City
Clerk

FUNDS AVAILABLE/INSURANCE
APPROVED:

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

Steven Graham, City Attorney

CITY OF YUCAIPA
A Municipal Corporation
Chris Mann, City Manager Date
CONTRACTOR:

LogicLamp Technologies, LLC Date
09/23/2024 City Council Agenda 117

Agenda Item No. 15

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City EngineerW Ryan Miller, Housing and Economic Development Analyst
FOR: City Council Meeting of September 23, 2024
SUBJECT: Joint Use Agreement between the City of Yucaipa and Southern California Edison Company, Dunlap Boulevard
RECOMMENDATION:

That the City Council:

2. Authorize the City Manager to execute the agreement and any necessary documents to effectuate the terms of the Joint Use Agreement.

BACKGROUND/DISCUSSION:

The City of Yucaipa has acquired easement rights for the construction of street and trail improvements to Dunlap Boulevard and Oak Glen Road near the Wilson Creek bridge crossing.

These improvements are part of the City's ongoing efforts to enhance transportation infrastructure in accordance with the General Plan, as well as enhancing public safety. Southern California Edison Company (SCE) also holds easement rights within these streets for the operation and maintenance of their existing electrical facilities, in accordance with their franchise agreement with the City.

SCE electrical facilities must be relocated in order to accommodate the construction of the proposed street and trail improvements. The relocations will also accommodate long-term use and maintenance of these streets. In addition, the relocation will also facilitate the further development of the Gateway Project (La Qunita hotel/gas station). The development agreement between the City and the developer for this project identifies that the City will facilitate utility relocation for this project. In response, SCE and the City have negotiated a Joint Use Agreement that would allow for the relocation of SCE's facilities to a new location within the public right-of-way and satisfy the City's requirements consistent with the development agreement. 09/23/2024 City Council Agenda 118

allow for the relocation of SCE's facilities to a new location within the public right-of-way and satisfy the City's requirements consistent with the development agreement.

The proposed Joint Use Agreement outlines the responsibilities of both parties concerning the relocation and joint use of the easements.

FISCAL IMPACT:

There is no direct impact to the General Fund associated with this proposed Joint Use Agreement.

Cost associated with the relocation are delineated in the development agreement between the Gateway Project developer and the City.

Attachment(s):

1. Joint Use Agreement
Approved by: /
09/23/2024 City Council Agenda 119

ATTACHMENT
09/23/2024 City Council Agenda 120

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES

SPACE ABOVE THIS LINE FOR RECORDER'S USE
V&LM File No. JUA204137551
Serial No.: 73550A
Affects SCE Doc.'s: 223914 and 267815
Service Order: 802228390

JOINT USE AGREEMENT
THIS AGREEMENT, made and entered into this day of 20
by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "Company", and the CITY OF YUCAIPA, a municipal corporation, a municipal corporation of the State of California, hereinafter called "City",
WITNESSETH:

THAT WHEREAS Company is the owner in possession of certain rights of way and easement(s) for electrical facilities by virtue of the following easement rights:

That certain Directors Deed, recorded July 26, 1965, as Instrument No. 520 in Book 6439,

Page 2 ends

6737, Page 184, both of Official Records, in the Office of the San Bernardino County Recorder, hereinafter referred to as "Company's Easement"; and
WHEREAS City has acquired easement rights for street and highway purposes for the construction and/or improvement of Dunlap Boulevard and Oak Glen Road in said City, County of San Bernardino, State of California, hereinafter referred to as "highway right of way", as shown on the print attached hereto, marked "Exhibit A" and hereby made a part hereof which said highway right of way is subject to Company's easement; and
WHEREAS Company's facilities as now installed and located on said highway right of way will interfere with or obstruct the construction, reconstruction, maintenance or use of said street or highway, and City desires to eliminate such interference or obstruction; NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, Company and City do hereby agree as follows:

The location of Company's easement insofar as it now lies within the said highway right of way, be, and it hereby is, changed to the strip of land within said highway right of way, hereinafter referred to as "new location", and shown and designated as "area in Joint Use Agreement" on said print marked "Exhibit A".
09/23/2024 City Council Agenda 121

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Yucaipa
Serial No. 73550A
V&LM FILE No.: JUA 204137551
Company agrees to rearrange, relocate and reconstruct within said new location, any of its facilities heretofore or now installed pursuant to Company's easement within said highway right of way. Company hereby consents to the construction, reconstruction, maintenance or use by City of a street or highway over, along and upon Company's easement, both in the old location and in the new location within said highway right of way, upon and subject to the terms and conditions herein contained.

City acknowledges Company's title to Company's easement in said new location and the priority of Company's title over the title of City in said new location. Company has and reserves the right and easement to use, in common with the public's use of said street or highway, said new location for all of the purposes for which Company's easement was acquired, without need for any further permit or permission from City. Except in emergencies, Company shall give reasonable notice to City before performing any work on Company's facilities in said new location where such work will obstruct traffic. In all cases, Company shall exercise due care for the protection of the traveling public.

In the event that the future use of said highway right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of Company's facilities then existing in said new location, and City shall notify Company in writing of such necessity and agree to reimburse Company on demand for its costs incurred in complying with such notice, Company will provide City with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of such plans by City, Company will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. Company shall exercise due care for the protection of the traveling public. No further permit or permission from City for such rearrangement, relocation or reconstruction shall be required and City will (1) enter into a Joint Use Agreement on the same terms and conditions as are herein set forth covering any such subsequent relocation of Company's facilities within said highway rights of way, (2) provide executed document(s) granting to Company a good and sufficient easement or easements over private property if necessary to replace Company's easement or any part thereof, and (3) reimburse Company for any costs which it may be required to expend to acquire such easement or easements, provided it is mutually agreed in writing that Company shall acquire such easement or easements.

City agrees to indemnify, defend and reimburse Company for any loss or claim Company may suffer because of any lack of or defect in City's title to said new location or any subsequent location within said highway right of way, or in the title to any easement provided by City over private property, to which Company relocates its facilities pursuant to the provisions hereof, and City agrees that if Company is ever required to relocate its facilities because of any such lack of or defect in title, City shall reimburse Company for the cost of relocating its facilities and any other reasonable costs arising therefrom, such as, but not limited to, costs to acquire any right of way required for such relocation. City shall not reimburse Company for any loss caused by Company's own fault or negligence.

Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement. Both City and Company shall use said new location in such a manner as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or City may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either City or Company in such a manner as to cause an unreasonable interference with the use of said new location by the other party. City agrees that Company's facilities shall not be damaged by reason of the construction, reconstruction -2-
09/23/2024 City Council Agenda 122

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Yucaipa
Serial No. 73550A
V&,LM FILE No.: JUA 204137551
or maintenance of said street or highway, by the City or its contractors, and that, if necessary, City will protect Company's facilities against any such damage, at City's expense.

Company shall have the right to remove, trim or top any vegetation, brush, tree or trees which may grow in said new location in said highway right of way, and which in the opinion of Company may endanger or interfere with the proper operation or maintenance of Company's facilities, to the extent necessary to prevent any such interference or danger.

This agreement shall inure to the benefit of and be binding upon the Company and the City and their respective successors and assigns.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officers thereunto duly authorized, as of the day and year herein first above written.

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
IIn
Monica Contreras
Real Estate 8v Facilities Advisor
Land Management - Eastern Region
Vegetation & Land Management
CITY OF YUCAIPA, a municipal corporation
By:

Name:

Title:

Attest:

Name:

Title:
-3-
09/23/2024 City Council Agenda 123

JOINT USE AGREEMENT
S.C.E. Co., a corp., to
The City of Yucaipa
Serial No. 73550A
V&LM FILE No.: JUA 204137551
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature
ME
09/23/2024 City Council Agenda 124

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

WITNESS my hand and official seal.

Signature
-5-
09/23/2024 City Council Agenda 125

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

WITNESS my hand and official seal.

Signature
09/23/2024 City Council Agenda -6- 126

NOTE:

SEE SHEET 2 OF 2 FOR LEGEND

RECORD REFERENCES, LINE

DATA AND BASIS OF BEARING
L1
POR. LOT 73, TM 2187
MB 31/71
A.P.N.0301-182-11

EXIST R/W PER DOCUMENT-,
RECORDED MARCH 30, 1966
IN BOOK 6598, PAGE 293, O.R.

C
L8
L7
POC
N 5204615011 E
L.
30' _ 1 30'
L2
1 No. 28500
F+p CIVIL
1Jq gyres 3 31
lF OF C
SERIAL NO. 73550A
EXHIBIT "A"
3 C
J
00 X
w

THAT PORTION OF DUNLAP BOULEVARD
(FORMERLY OCEAN TO OCEAN HIGHWAY)

AND OAK GLEN ROAD (FORMERLY

COLORADO STREET), IN THE CITY OF

YUCAIPA, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 31, PAGE 71 OF

MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.

L5
SCALE 1"= 50'
77 0 50 100
POR. LOT 62, TM 2187
MB 31/71
A.P.N. 0301-182-11

EX R/W
v
_SOAK GLEN ROAD

EX R/W
(SHEET 1 OF 2)

CITY OF YUCAIPA

JOINT USE AGREEMENT
A.P.N. 0301-182-11 & 12
DATE: MAY 24, 2024 1 SCALE: 1 "=50'

THAT PORTION OF DUNLAP BOULEVARD (FORMERLY OCEAN TO OCEAN

HIGHWAY) AND OAK GLEN ROAD (FORMERLY COLORADO STREET), IN THE

CITY OF YUCAIPA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31, PAGE 71 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

BASIS OF BEARING:

THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF OAK GLEN ROAD, BEING N52046'50"E, AS SHOWN ON RS 03-207, RS BOOK 122/39 LEGEND AND ABBREVIATIONS:

LINE DATA
APN
- ASSESSOR'S PARCEL NUMBER
L1 -
N 37010'17" W 15.92'
CL -

CENTERLINE
L2 -
N 52005'46" E 18.31'
FD -
FOUND
L3 -
S 37054'14" E 240.30'
O.R.
- OFFICIAL RECORDS
L4 -
S 69004"8" E 163.98'
RAN
- RIGHT OF WAY
L5 -
S 52°46'50" W 35.32'
JUA
- JOINT USE AGREEMENT
PM -

PARCEL MAP
L6 -
N 69004'18" W 138.14'
L7 -
S 36030'44" W 13.28'

CENTERLINE
L8 -
N 65059'43" W 30.73'
L9 -
N 36030'44" E 19.94'
L10
- N 37054"4" W 150.63'
L11
- N 28006'50" W 67.52'
L12
- N52049'43"E 30.00'

AREA IN JOINT USE WITH THE CITY OF
rzZZ'l- YUCAIPA (30' WIDE) 11,969 SQ FT, OR 0.27 ACRES
R0ESS/44q
\��oJG�Ps L. Gp�0�9 Fc2
O
w ram^
* No. 28500
CIVIL
f +o/res
�9TF OF C
i
SERIAL NO. 73550A
EXHIBIT "A"
(SHEET 2 OF 2)

CITY OF YUCAIPA

JOINT USE AGREEMENT
A.P.N. 0301-182-11 & 12
DATE: MAY 24, 2024 1 SCALE: N/A

Agenda Item No. 16

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin Matlock, Deputy Director of Community Development/City Planner/; -- Christian Farmer, Associate Planner C r
FOR: City Council Meeting of September 23, 2024
SUBJECT: Acosta Investments, LLC (Fallbrook): A Density Bonus Agreement for Case No. 22-121/GPA/LUCR/ARC which will covenant ten (10) percent (17 units) of the total 172 units as low-income affordable pursuant to Yucaipa Density Bonus Standards to utilize an incentive and modified parking standards for a Project located across four (4) parcels; APNs: 0319-253-28, -29, -30, -84.

RECOMMENDATION:

That the City Council approve the attached Density Bonus Agreement (DBA) for Case No. 22-121, the Fallbrook Apartment Project (Project), which will set forth the reporting requirements and covenants that are necessary to ensure that the target affordable units remain consistent with the original density bonus request associated with the approved entitlement.

BACKGROUND/DISCUSSION:

Division 3, Chapter 1, Article 7 of the City's Development Code contains provisions for processing density bonus projects, which are designed to provide incentives for the production of housing for very low-income, low-income, moderate -income, and senior households in accordance with state law, by allowing additional units to offset the costs of providing affordable housing. The DBA process is identified in the Conditions of Approval for the housing Project, and will set forth the reporting requirements and covenants that are necessary to ensure that the target units remain available as intended by the density bonus request.

At the regular City Council Meeting of February 13, 2023, the City Council approved Case No. 22- 121. This included a General Plan Amendment, Land Use Compliance Review, Architectural Review and DBA to permit the Project. The applicant had also requested an incentive to reduce the minimum landscaping requirement per Yucaipa Development Code Section 88.0210(e) from 40 percent to 37.2 percent. Consistent with state law, and Yucaipa Development Code Section

83.010715(c)(1), an incentive, defined as a reduction in site development standards or a modification of the requirements of the City of Yucaipa Development Code, may be requested through the DBA process if an applicant agrees to construct at least ten (10) percent of the total units for low-income households and five (5) percent of the total units for very low-income households.
09/23/2024 City Council Agenda 129

The DBA includes provisions to ensure that the Project qualifies as an Affordable Housing Project consistent with state law, that the site -specific developments comply with income restrictions, and that they additionally both provide the appropriate multi -family site amenities and individual unit amenities pursuant to Section 88.0215 and Section 88.0210 of the City's Development Code. It should be noted that this process is a procedural action to meet the previously approved Project's conditions of approval now prior to the issuance of building permits for construction.

FISCAL IMPACT
There is no direct fiscal impact as a result of this recommendation.

Attachments:

1. Density Bonus Agreement

2. Case No. 22-121/GPA/LUCR/ARC Approved Plans
Approved by: '
09/23/2024 City Council Agenda
130

ATTACHMENT
09/23/2024 City Council Agenda 131

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Yucaipa
34272 Yucaipa Blvd.

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

Ivano Stamegna
1232 Village Way, Suite A
Santa Ana, CA 92705
APNs: 0319-253-28, -29, -30, -84.

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

DENSITY BONUS AGREEMENT
(AFFORDABLE HOUSING; RENTAL PROJECT)
THIS DENSITY BONUS AGREEMENT ("Agreement") is dated as of September 9, 2024, and is entered into by and between ACOSTA INVESTMENTS LLC, (the "Developer"), and the CITY OF YUCAIPA, a California municipal corporation (the "City").

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

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

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

D. The Developer proposes to construct an affordable housing project approved as Case No. 22-121/APP/GPA/LUCR/DBA, a Land Use Compliance Review and Density Bonus Agreement for the development of a 172 unit affordable project with ten (10) percent of the units (seventeen (17) units) to be covenanted at a low income affordable level located at APN(s): 0319-253-28, -29, -30, -84 to be merged as a part of the development (the "Project").
09/23/2024 City Council Agenda -1
132

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

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

C. Affordable Rent. "Affordable Rent" means the monthly rent, including a reasonable utility allowance, that does not the exceed the lowest rent limit for any applicable funding source, including: (i) any applicable Tax Credit Regulatory Agreement, (ii) Section 50053 of the Health & Safety Code or any successor statute if applicable, (iii) Section 8 Program regulations for a Section 8 project -based Unit or for a holder of a rental voucher or rental certificate, as applicable, and (iv) any applicable regulations pursuant to any other source of financing secured for, and continuing to be secured by, the Project. d. Affordable Units. "Affordable Units" means seventeen (17) of the 172 units covenanted as a Low Income Household as referenced in Recital E to be constructed on the Property.
e. Low Income Household. "Low Income Household" means a household whose aggregate gross income is less than eighty percent (80%) of Area Median Income (AMI). "Gross income" shall be determined in accordance with § 6914 of Title 25 of the California Code of Regulations.

2. Restrictive Covenants. In consideration for the Density Bonus, Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that Developer, and such successors and assigns, shall (i) construct, use, maintain, and operate the Property as a multi -family, affordable housing project consisting of approximately seventeen (17) Affordable Units of the 172 units; and (ii) make available, restrict occupancy to, and rent the Affordable Units at an Affordable Rent.

3. Determination; Annual Requalification. Prior to leasing the Affordable Units and annually thereafter, Developer shall certify the eligibility of each tenant applicant as a Low Income Household.

Developer shall, upon request by City, complete such certification on forms provided by City. Developer shall submit such income certification and such additional information as may be required in the future by City. Such supporting documentation shall include true copies of income tax returns from the tenant applicant for the most recent tax year in which a return was filed and at least one of the following:
a. two (2) paycheck stubs from the tenant's two (2) most recent pay periods; b. an income verification certification from the tenant's employer, C. an income verification certification from the Social Security Administration and/or the California Department of Social Services if the tenant receives assistance from such agencies, or
09/23/2024 City Council Agenda -2 133

d. an alternate form of income verification reasonably requested by City or City if none of the above forms of verification is available to Developer.

4. Certification; Annual Recertification. Upon completion of construction of the Project (the occurrence of which shall be evidenced by the Certificate of Occupancy) and annually each year during of the term of this Agreement, Developer shall certify to City under penalty of perjury, utilizing such forms and providing such backup documentation as requested by City, compliance with the affordability restrictions set forth herein. Failure to timely complete the annual certification process described in this Section 4 shall constitute a material default under this Agreement.

5. Increased Income of Tenants. A unit shall qualify as an Affordable Unit as required by this Agreement despite a temporary noncompliance with Section 3, if the noncompliance is caused by increases in the incomes of existing tenants and if actions satisfactory to City are being taken to ensure that all vacancies are filled in accordance with this Agreement until the noncompliance is corrected. A household that qualifies as a Low Income Household prior to occupancy of an Affordable Unit shall be deemed to continue to be so qualified until such time as recertification of that household's income demonstrates that it no longer qualifies as a Low Income Household.

6. Non -Discrimination.
a. Obligation to Refrain from Discrimination. Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Developer or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property or the rental, lease sale of the Property and any dwelling unit thereon. The foregoing covenants shall run with the Property.
b. Nondiscrimination Covenants. Developer agrees that neither it nor its agents shall unlawfully discriminate against any tenant or prospective tenant of any Affordable Unit on the basis of race, color, creed, religion, sex, sexual orientation, marital status, national origin, familial status, source of income or disability of any person. All such leases or contracts shall contain or be subject to nondiscrimination or nonsegregation clauses, or substantially similar clauses.
(1) Leases. In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions:

That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial 09/23/2024 City Council Agenda -3
134

status, source of income, marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." (2) Contracts. In contracts: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land."

7. Maintenance/Physical Condition of Affordable Units. After completion of the Affordable Units, Developer shall continually maintain the Affordable Units in a condition which satisfies the Uniform Physical Conditions Standards promulgated by the Department of Housing and Urban Development (24 CFR §5.705 et. Seq.), as such standards are interpreted and enforced by City under their normal policies and procedures. City shall have the right to inspect the Affordable Units from time to time, on reasonable notice and at reasonable times, in order to verify compliance with the foregoing maintenance covenant. Further, each Affordable Unit shall be requalified annually, as to the foregoing maintenance covenant, as part of the annual tenant requalification process described above. Any deficiencies in the physical condition of an Affordable Unit shall be corrected by Developer at Developer's expense within the time periods set forth in Section 14.

8. Extension of Time Parameters for Good Cause. City may extend one or more time deadlines for performance as referenced in this Agreement for good cause. "Good cause" shall include, but shall not be limited to, acts of God, labor strikes, war, riots, etc., as shall be determined by City.

9. Indemnification.
a. To the fullest extent permitted by law, Developer shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents ("Indemnified Parties") from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Developer or subcontractors), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert Developers or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Developer, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. Developer's duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.
09/23/2024 City Council Agenda _4 135

b. Developer agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Developer in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Developer fails to obtain such indemnity obligations from others as required here, Developer agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Developer and shall survive the termination of this Agreement and this section.

10. Covenants to Run with the Land. Developer agrees that all of its obligations hereunder shall constitute covenants, which shall run with the land and shall be binding upon the Property and upon every person having any interest therein at any time and from time to time during the term of this Agreement. Further, Developer agrees that, if a court of competent jurisdiction determines that the obligations set forth herein do not qualify as covenants running with the land, they shall be enforced as equitable servitudes.

11. Successors and Assigns. This Agreement shall inure to the benefit of, and be binding upon, the parties and their respective heirs, successors and assigns. Developer shall not sell, transfer or otherwise dispose of the Property, any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to City an express written assumption of all of Developer's obligations under this Agreement, on a form reasonably acceptable to City. Upon assignment and assumption by a successor entity, as approved by City, Developer shall be released from all prospective liability and responsibility under the terms of this Agreement.

12. Term. Pursuant to California Government Code Section 65915, the Density Bonus Law, the term of this Agreement shall begin upon the completion of the construction of the Project, evidenced by a Release of Construction Covenants, and shall remain in full force and effect for a period of fifty-five (55) years therefrom.

13. Monitoring. It is contemplated that, during the term of this Agreement, City will perform monitoring functions. Developer shall have no claim or right of action against City based on any alleged failure to perform such function. In addition, Developer shall cooperate with and utilize such forms, software, websites and third -party vendors as may be required by City. a. Prepare and make available to Developer any general information that City possesses regarding income limitations and restrictions which are applicable to the Affordable Units;
b. Review the documentation submitted by Developer in connection with the annual certification process described above; and
C. Review the documentation submitted by Developer in connection with maintenance of the Property.

14. Enforcement; Remedies; Security.
09/23/2024 City Council Agenda -5 136

a. Standing; Equitable Remedies; Remedies Cumulative. Developer expressly agrees and declares that City or any successor public agency shall be the proper parry and shall have standing to initiate and pursue any and all actions or proceedings, at law or in equity, to enforce the provisions hereof and/or to recover damages for any event that is expressly stated to be a material default hereunder and which event remains uncured following sixty (60) days' written notice to Developer by City (or up to one hundred twenty (120) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of City, being diligently pursued), notwithstanding the fact that such damages or the detriment arising from such a material default that remains uncured as aforesaid may have actually been suffered by some other person or by the public at large. Further, Developer expressly agrees that injunctive relief and specific performance are proper pre-trial and/or post - trial remedies hereunder to assure compliance with this Agreement. Nothing in this Section 14 and no recovery by City shall restrict or limit the rights or remedies of persons or entities other than City, including but not limited to City, against Developer in connection with the same or related acts by Developer, provided that Developer shall not be subject to duplicate awards or recoveries. The remedies set forth in this Section 14 are cumulative and not mutually exclusive, except to the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction. Further, the award of damages hereunder shall not bar the exercise of police power or other governmental powers, or the pursuit of criminal, civil or administrative penalties by City in connection with any material default under this Agreement that remains uncured as aforesaid. Developer acknowledges that a material default under this Agreement that remains uncured may constitute a violation of state law. b. Remedies at Law for Breach of Rental Restrictions. In the event of any material default under the provisions hereof regarding restrictions on rental of the Affordable Units, that remains uncured for the period set forth in Section 14(a), at the sole option of City, City shall be entitled to the following remedies at law to the extent they are not duplicative, the election of which shall not be required and may be revoked and/or modified until immediately prior to entry of judgment:
(1) Damages for Specific Breach. City shall be entitled to recover compensatory damages, at its sole option in the event of a material uncured default under the terms of this Agreement. The amount of such compensatory damages shall be the product of multiplying (A) the number of months that the material uncured default in question has continued (following expiration of Developer's cure period) until the time of trial or cure, whichever occurs first, by (B) the result of subtracting (i) the rents properly chargeable hereunder for the Affordable Units at issue (ii) the rents actually collected by Developer for the Affordable Units at issue for the months in question, as reasonably determined by City. Developer and City agree that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to City as a result of such a material uncured default and that the foregoing formula is a fair and reasonable method of approximating such damages. City shall be entitled to seek and to recover damages in separate actions for successive, separate breaches, which may occur during the term of this Agreement. Further, interest shall accrue on the amount of such damages from the date of the expiration of Developer's cure period for the material uncured breach in question at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less. Nothing in this section shall preclude the award of exemplary damages as allowed by law. 09/23/2024 City Council Agenda -6 137

Notwithstanding anything in this Agreement to the contrary, any cure or tendered by Developer's limited partner shall be deemed to be a cure by Developer and shall be accepted or rejected on the same basis as if made or tendered by Developer.

15. General Provisions.
a. Inte rag tion. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expressed in this Agreement has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to its subject matter.
b. Waiver and Amendment. No provision of this Agreement, or breach of any provision, can be waived except in writing. Waiver of any provision or breach shall not be deemed to be a waiver of any other provision, or of any subsequent breach of the same or other provision.

This Agreement may be amended, modified or rescinded only in writing signed by both parties hereto.

C. Captions. Paragraph titles and captions contained in this Agreement are inserted as a matter of convenience and for reference and are not a substantive part of this Agreement.
d. Additional Documents. The parties each agree to sign any additional documents, which are reasonably necessary to carry out this Agreement or to accomplish its intent. e. Benefit and Burden. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives, successors and assigns. This Agreement is not intended to benefit any person other than the parties hereto.

16. Binding Effect of Agreement. The Developer hereby subjects the Site and development thereon to the covenants, reservations and restrictions as set forth in this Agreement in perpetuity. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall encumber and "run with" the Site and be binding upon the Developer's successors and assigns and successor to any interest in the Project. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the development or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

17. On -site Manager. [INTENTIONALLY OMITTED]

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

19. No Waiver of Remedies. City does not waive any claim of defect in performance by Developer if upon periodic review City does not enforce or terminate this Agreement. No waiver by City 09/23/2024 City Council Agenda -�
138

of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

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

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

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

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

Developer: Ivano Stagmegna Cam: City of Yucaipa
1232 Village Way, Suite A 34272 Yucaipa Blvd.

Santa Ana, CA. 92705 Yucaipa, CA 92399
Attn: Benjamin Matlock

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

24. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California.
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09/23/2024 City Council Agenda 139

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

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

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

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

DEVELOPER:

ACOSTA INVESTMENTS LLC
Gorgone Family Trust, 2/7/90
53 Name: Ivano Stagmegna
Is) U&V

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

I0
Steven Pacifico, City Attorney
09/23/2024 City Council Agenda _9 140

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

STATE OF CALIFORNIA )

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

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

WITNESS my hand and official seal.

Signature
(Seal)
09/23/2024 City Council Agenda -10- 141

EXHIBIT "A"

LEGAL DESCRIPTION OF THE SITES)
APN: 031925384
SUB NO.8 YUCAIPA VALLEY PORTION OF BLOCK 188 DESCRIBED AS FOLLOWS THE NORTH ONE AND ONE HALF ACRES OF THE SOUTH 1.82 ACRES OF THE SOUTH 252.80 FEET OF THE NORTH 384.8 FEET OF SAID BLOCK 188 TOGETHER WITH THAT PORTION OF SAID BLOCK 188 DESCRIBED AS FOLLOWS COMMENCING AT THE NORTH WEST CORNER OF SAID BLOCK 188 SAID CORNER BEING ON THE CENTER LINE OF THIRD STREET 30.00 FEET WIDE

ON THE EAST SIDE THENCE SOUTH ALONG THE CENTER LINE OF SAID THIRD STREET 363.80 FEET TO THE TRUE POINT OF BEGINNING SAID POINT BEING ALSO THE SOUTH WEST CORNER OF NORTH ONE AND ONE-HALF ACRES OF THE SOUTH 1.82 ACRES OF THE SOUTH 252.80 FEET OF THE NORTH 384.80 FEET OF BLOCK 188 THENCE CONTINUING SOUTH ALONG THE CENTER LINE OF SAID THIRD STREET 50.00 FEET THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID BLOCK 188 TO THE EAST LINE OF SAID BLOCK 188 THENCE NORTH ALONG THE EAST LINE OF SAID BLOCK 188 50.00 FEET TO THE SOUTHEAST CORNER OF THE NORTH ONE AND ONE-HALF ACRES OF THE SOUTH 1.82 ACRES OF THE SOUTH 252.80 FEET OF THE NORTH 384.80 FEET OF SAID BLOCK 188 THENCE WEST PARALLEL WITH SAID NORTH LINE OF SAID BLOCK 188 ALONG THE SOUTH LINE OF AFORE

SAID NORTH ONE AND ONE-HALF ACRES TO THE TRUE POINT OF BEGINNING ALSO TOGETHER WITH THE SOUTH 103.00 FEET OF THE NORTH'516.80 FEET OF SAID BLOCK 188.EXCEPTING THERE FROM THAT PORTION OF SAID BLOCK 188 DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTH WEST CORNER OF THE NORTH 516.80 FEET OF SAID BLOCK 188

SAID SOUTHWEST CORNER BEING THE INTERSECTION OF THE CENTER LINE OF THIRD STREET WITH THE SOUTH LINE OF SAID NORTH 516.80 FEET OF BLOCK 188 THENCE NORTH 89 DEG 58' 59" EAST 170.00 FEET ALONG SAID SOUTH LINE OF THE NORTH 516.80 FEET OF BLOCK 188 THENCE LEAVING SAID SOUTH LINE NORTH 00 DEG 01' 38" WEST 70.00 FEET ALONG A LINE PARALLEL WITH AND 170.00 FEET EASTERLY OF SAID CENTER LINE OF THIRD STREET THENCE NORTH 70 DEG 13' 09" WEST 53.14 FEET TO A POINT THAT LIES 88.00

FEET NORTHERLY OF MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE SAID POINT ALSO LIES 120.00 FEET EASTERLY OF MEASURED AT RIGHT ANGLES TO SAID CENTER LINE THENCE SOUTH 89 DEG 58' S9" WEST 120.00 FEET ALONG A LINE PARALLEL WITH AND 88.00

FEET NORTHERLY OF SAID SOUTH LINE TO A POINT ON SAID CENTER LINE OF THIRD STREET THENCE SOUTH 00 DEG 01' 38" EAST 88.00 FEET ALONG SAID CENTER LINE OF

THIRD STREET TO THE POINT OF BEGINNING ALSO EXCEPTING THERE FROM THE WESTERLY 30.00 FEET LYING WITHIN THIRD STREET
APN: 031925330
SUB NO 8 YUCAIPA VALLEY PTN LOT 189 BEG AT PT IN C/L 2ND ST 214.5 FT S OF NE COR SD LOT TH S 132 FT TH W 660 FT TH N 132 FT TH E 660 FT TO POB APN: 031925329
SUB NO 8 YUCAIPA VALLEY S 132 FT N 478.5 FT LOT 189
APN: 031925328
SUB NO 8 YUCAIPA VALLEY S 82.5 FT N 561 FT LOT 189
-11-
09/23/2024 City Council Agenda 142

ATTACHMENT 2
09/23/2024 City Council Agenda 143

SITE PLAN
1'72 Unit Multi -family Development

LEDAL DESCRIPTION
0319IIi64
PU NO.BYUCAIPAVALLEYPORTIONOFBLOCK1NDFSORBEOMFOLLOWSTHENORTHONEAND ONE HALF ACRES OF THE SOUTH 112ACRES OF THE SOUTH 252.80 FEET OMEN GAIN WA FEET SOINHALONGTHE CENTER LINE OF SAID THIRD STREET SDmFEET THENCE FAST PARALLEL NTH THE NORTH UNE OF SNDBLOCK INTOTHE LAST ME OFSNDBLOCK 188 THENCE NORTHALONG THEEASTUNEOFSAIDBLDO(18850 DD FEET TOTHESOIFF40 CORNEROF THEN ORTH ONE AND ONE W F ACRES OF THE SOUTH 182 ACRES OF THE SOUTH BLED) FEET OF THE NORTH 3M SO FEET OF SAID BLOCK 138 THENCE WEST PARALLEL WI1N SAIDNORTH ME OF SAID BLOCK FAST 170,OD FEET AOG YllD SOUTH LINE OFTHE NORTH 51880 FED OF BLOCK 188 THENCE LEAVING SAID SOUTH UNE NDRFH m DEG O1' 3r WEST 2O.m RD ALONG A TINE PARALLEL PATH AND 170.00 NET EASTERLY OFSAID CTNTE R LINE OF THIRD STREET THENCE NORTH ID DEG B• D9• WEST53.14 FEET TOA POINT THAI TIES 88.0) FEET NORTHERLY OF MEASURED AT RIGHT ANGLES TOW SOUTH TINE SAID POINT ALM UE512Dm FED EASTERLY OF MEASURED AT RIGHT ANGLES TO SAID CENTER UNE THENCE SOUTH D DEG SIT 59' WEST 120.00 FEET ALONG A ME PARALLEL WITH AN088.00 FEET NORTHERLY OF LAID SOUTH UNE TOA POINTONLNDCENTER TINE OF THIRD STREET THENCE SOUTH m DEG 01' 3S' FIST 98.00 FEETALONG SAID CENTER UNE OF TMROSTREET TO THE POINT OF BEGINNING ALSO EXCEPTING THEREFROM THE WESTERLY 30.00 FEET LYING

WITHIN THIRD STREET
031S2S3.28
SU B N0 8 YUCA PA VALLEYS 825 FT N S61 R LOT 189
031425329
SUB NOBYUCAPAVALEYS 132 FIN 4785 R LOT 199
0319253-M
SUB NO8ILCAIPAWUI PTN LOT 189BEG AT PT IN C1.2NDST 2145 FTSOF NE CORSO LOTTHS 132 FTTH W a60 RTH N 132 RTNE 66DRTO POB
Project Notes

DEYELOPERIAPPEJCANT OWNER
I'm larId DKN ent Amen InW411711ee4, LLC
IFWdbnd., CAM3 lIr' d1BVlmae s�ee.�i )
(909) 57EI-BB80 Serb An4t, CA 054746
(714) 5101144

ASSESSORS PARCEL NUMBER
m18251xB,?0, 306e/

SITE ADDRESS
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136M. 138@, t3ee3 5L

GENERAL PLAN LAND USE DESIGNATION
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PROPOSED PROJECT
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COVERAGE AREAS
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PARKING SUMMARY•
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vic.1nity map
en
09/23/2024 City Council Agenda 144

FOAM TRIM CORONADO STONE ROOF -EAGLE ROOFING CIAYTILE FA—T.I. WOOOTRELLS COLOR: CHATEAU BROWN SPAT LIMESTONE -CREAM PR
OFILE: CAPISTPANO ACCEM COLOR: CHATEAU BROWN COLOR: CHATEAU BROWN SW ]510 ]69fi LE: J RANGE SW i610 SW OR

ROOF APEX

SCE SCF

TOP PLATE
10 ID
L, Y r - rs DOORI
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�,, ' l•1 _ it-1 • SECOND FLOOR
r I DOOR/ _
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Mi
.l. k .1 �. .,M ��. ..S'_•.1.� ir'f.`�3 J. N,. Sw... - .. r1�.� ,�. !. Y'-t.Fj!—FLOOR �J-'M
FRONT ELEVATION GT KOG-BGDY 5n=CG-AG=ENT GH FIXNRE GUARDRAIL SANTA FE -ET GRAY COLOR: IRON ORE
SCALE: 118" = V-0" SW 6015 5W TW9

LEFT SIDE ELEVATION
SCALE: 1/8" = 1'-0"
ANOVA HOMES, INC.
6-0jd -6 V&4jar Hoinc "'to
1232 VILLAGE WAY, SUITE A
SANTA ANA, CA 92705
TEL. 71 4.540. 1144

RIGHT SIDE ELEVATION
SCALE: 1/8" = V-e"

REAR ELEVATION BUILDING - A
SCALE: 1/8" = 1'.0"
FALL,$ROOK MEADOWS

Y U C A I P A C A L I F O R N I A

TWO STORY
ESN Design Studio

APARTMENT BUILDING

DESIGN B DRAFTING SERVICES

EXTERIOR ELEVATIONS
1050 N. TURNERASTE.178
iM
17 ONTARIO, CA 917.

TARIO, 84

SPANISH STYLE
TEL. 909. 374. 3218
09/23/2024 City Council Agenda 145

LEFT SIDE ELEVATION
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09/23/2024 City Council Agenda 146

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09/23/2024 City Council Agenda 147

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09/23/2024 City Council Agenda 148

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09/23/2024 City Council Agenda 149

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09/23/2024 City Council Agenda 150

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09/23/2024 City Council Agenda 151

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09/23/2024 City Council Agenda 152

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09/23/2024 City Council Agenda 153

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09/23/2024 City Council Agenda 154

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1050 N. TURNER AVENUE, STE. 176
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09/23/2024 City Council Agenda 155

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09/23/2024 City Council Agenda 156

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FRONT DOOR

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SW 7027
09/23/2024 City Council Agenda
157

Agenda Item No. 17

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services
FOR: City Council Meeting of September 23, 2024
SUBJECT: Special Event Permit Application — Yucaipa Equestrian Arena Rodeo Committee 2025 Rodeo
RECOMMENDATION:

That the City Council:

1. Approve the Special Event Permit Application submitted by the Yucaipa Equestrian Arena Rodeo Committee to conduct the 2025 Yucaipa Rodeo on Friday, May 16, 2025, and Saturday, May 17, 2025; and

2. Approve the City's Co-sponsorship for the 2025 Yucaipa Rodeo to include use of City owned equipment and the City -owned vacant lot directly across the street; and

3. Waive the Special Event Permit Application fee of $200; and

4. Review and approve the street closures identified in the agenda report; and

5. Waive the provisions of Yucaipa Municipal Code Section 12.06.030, regarding overnight camping, for the duration of the event.

BACKGROUND/DISCUSSION:

The attached Special Event Permit Application (SEPA) from the Rodeo Planning Committee (RPC), proposes the 2025 Yucaipa Rodeo (Event) be a two-day Event on May 16, 2025, from 4:00 p.m. to 10:00 p.m. and Saturday, May 17, 2025, from 2:00 p.m. to 11:00 p.m. at the Yucaipa Equestrian Center (Facility).

The Event will include the following:
• Rodeo — Coordinated by RPC
• Beer and Wine Garden (TBD)
• Food and merchandise vendors - Coordinated by RPC
• Rodeo Queen Pageant — Coordinated by RPC
• Parking — Coordinated by RPC
09/23/2024 City Council Agenda 158
C8

To accommodate the large number of possible attendees, RPC is requesting the use of the City - owned vacant lot across the street from the Facility. The traffic control plan (Attachment 2) is the same as the 2023 and 2024 Event and includes:
• The closure of California Street South of Wildwood Canyon Road • The closure of California Street North of Avenue H
• A temporary 4-way stop intersection at California Street • The closure of the outer lanes of California Street in between Wildwood Canyon Road and Avenue H in both directions for use as diagonal parking In addition, like last year, RPC and City staff will work with local businesses and/or churches to secure offsite parking, which will include a shuttle service to and from the Facility. City -owned electronic message boards and other traffic management practices will be used to make vehicles aware of the pedestrian crossing.

RPC is also requesting overnight camping be allowed at the Facility for the rodeo operator and competitors. Pursuant to Yucaipa Municipal Code Section 12.06.030, "It is unlawful for overnight camping in public places." Contingent upon City Council approval, RPC shall decide who will be allowed to camp on the premises; however, campers will be required to camp in self-contained recreational vehicles.

RPC has requested the use of City portable lights, printing of event signage, marketing and promotional support, and City personnel to include Community Services, Public Works, Police and Fire for an estimated of $20,000. If approved, all items will be considered in -kind, and all City personnel costs will be reimbursed by RPC.

Staff will continue to meet with RPC until the Event.

Prior to the 2025 Rodeo the City and RPC will enter into a Revenue Share Agreement. RPC will use a portion of the 2025 net revenues to pay for the 2026 Rodeo start-up costs, make improvements to the Facility, and offset the City's cost of supporting the Event.

FISCAL IMPACT:

The recommended actions waive a $200.00 SEP fee and waive any fees related to the use of City owned equipment and the City -owned vacant lot directly across the street.

Attachment(s):

1. Special Event Permit Application

2. Traffic Control Plan
Approved by:
09/23/2024 City Council Agenda 159

ATTACHMENT 1
09/23/2024 City Council Agenda 160

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

CITY OF

PROCEDURES
A complete permit application may be filed as early as one (1) year before the event, but it must be received no later than three (3) months before the actual event date. Any organized activity involving the use of, or having impact upon, public property, facilities, public parks, sidewalks or street areas requires a permit. Applicants requesting a waiver of fees or services must submit their application a minimum ofsix (6) months in advance.

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

City Management/Administrative Approval
• Estimated attendance 300-999 persons
• Amplified Sound (excluding Special Event Facilities)
City Council Approval
• Estimated attendance 1000+ persons
• Alcohol Service (excluding Community Centers and YPAC) • Street Closure — traffic management
• Fee Waiver/Co-Sponsorship/In-Kind (Community Activity Grant Application required)

APPLICATION
09/21312p2a4 ��y Council Agenda

Organization and Applicant Information
33-0769660
❑ Commercial (For -profit) ❑ Noncommercial (Non-profit) Tax I.D. #:

Organization
Name
Yucaipa Equestrian Arena Committee
Applicant Name
Yucaipa Rodeo
Address
13273 California Street
Email
Phone Number
(909)239-8810
On -Site Contact
Jim Butler
Phone Number
(909)239-8810
Event Information
Type of Event: ❑ Athletic/Recreation ❑ Festival/Celebration ❑ Outdoor Market ❑ Circus/Carnival
❑Concert/Performance ❑ Parade/Procession/March *Other (specify):

Event Title
Yucaipa Rodeo
Event Location
13272 California Street
Event
Description

FULL RODEO

FOOD VENDORS AND OTHER VENDORS
Please complete a daily breakdown of event -related activities. Use multiple lines to distinguish between different daily activities. Please attach additional sheets if necessary.

Date(s)
Daily Activity
Start Time
End Time
05/16/2025
❑ Set-up ❑ Event Day ❑ Clean-up
7PM
11 PM
05/17/25
❑ Set-up ❑ Event Day ❑ Clean-up
6PM
10PM
❑ Set-up ❑ Event Day ❑ Clean-up
❑ Set-up ❑ Event Day ❑ Clean-up
❑ Set-up ❑ Event Day ❑ Clean-up
❑ Set-up ❑ Event Day ❑ Clean-up
Has this event taken place before? ❑■ Yes ❑ No How many years? SIX Years Total anticipated attendance: Participants: Spectators:
09/?3l:F0"ty Council Agenda

Site Plan
Attach a diagram showing the overall layout and setup locations using the letters below.

Indicate the site for these on your diagram.

A. Alcoholic and nonalcoholic concession and/or beer garden areas B. First -aid facilities and ambulance locations
C. Tables and chairs
D. Fencing, barriers and/or barricades
E. Generator locations and/or source of electricity
F. Canopies or tent locations
G. Booths, exhibits, displays or
enclosures
H. Scaffolding, bleachers,
platforms, stages,
grandstands and related
structures
I. Vehicles and/or trailers
J. Other related event
components not covered
above (describe
separately)
K. Trash containers and
dumpsters
L. Non-food vendor locations
M. Food concession and/or
food preparation areas
N. Potable toilet location(s)
Sample Site Plan:

When planning a moving route, the Yucaipa Police Department is available to assist you in planning your route. Consider the following in your planning:

Impedance of emergency fire, police or paramedic vehicles.

Conflict with public transportation, such as buses.

Interference with people trying to reach their own residences, businesses, places of worship and public facilities.

If your event involves street closures, you may be required to obtain traffic safety equipment, and a certified traffic control plan. Depending on the type of event, barricades, traffic cones, signs, etc., may be required. Depending on the type of event and after evaluating roadway conditions, you may be required to properly place this equipment prior to commencing the event. If the closure creates a potential hazard, your organization will be required to contract traffic service from the Yucaipa Police Department and/or Street Division. 09/2312PIgCity Council Agenda

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

CALIFORNIA STREET BOTH DAYS
Indicate how this closing/reopening of streets will be handled:
❑ City of Yucaipa to handle (cost to be specified) ❑ Event to handle per CalTrans standards
List street(s) requiring the posting of "No Parking" signs. Indicate days, dates, and times needed and an explanation of necessity of "No Parking" zone:

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

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

BEER GARDENS WILL BE TRAILERS
Will food be cooked in the event area? ❑■ Yes ❑ No
Method: ❑■ Gas *Electric ❑ Charcoal ❑ Other (specify):

Does the event involve the sale or use of alcoholic beverages? ❑■ Yes ❑ No If alcohol is to be sold, how will the alcohol sales be regulated?

LIONS CLUB WILL CHECK IDS AND WRIST BANDS
Who will be handling the alcohol sales?

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

Will Event Organizer provide portable restroom facilities? ❑■ Yes ❑ No 09/44TO "ty Council Agenda

Company
Name

TO BE DECIDED
Contact Name
Phone Number
Lighting
If this is an evening event, please state how the event and surrounding areas will be illuminated to ensure the safety of the participants and spectators. (If required, show a separate site map which details streetlights, portable lights, and other illuminating devices.) 20 PORTABLE LIGHTS
Waste Removal
Event Organizer is responsible for arranging for the removal of all waste related to the event.

Company �BURRTEC
Name
Contact Name
Phone Number
If not hiring a professional sanitation company, please provide the following information for -heperson(s) responsible for waste removal.

Contact Name
Phone Number
Cal Fire/Medical
In case of an emergency, the on -site contact will call 9-1-1. If event requires an ambulance comnanv to be on -site. please nrovide the following information:

Company
Name

TO BE DECIDED
Contact Name
Phone Number
09/H/Y0249C'qty Council Agenda

Please describe your medical plan including your communications plan, the number, certification levels (MD, RN, Paramedic, EMT) and types of resources that will be at your event and the manner in which they will be managed and deployed. Your plan should include hours of setup and dismantle of medical aid areas. You may attach the plan to this application if necessary:

WE WILL USE RADIOS, HAVE A RODEO COORDINATOR, MEETING WITH PARAMEDICS BEFORE EACH SHOWS, COORDINATING DURING SHOW.

Police Services/Security
In the event that a carnival/street fair and/or alcohol service will be included in the event, an
alcohol garden and security plan will need to be submitted as well as a security contract and/or public safety staffing plan for review by the Police Department.

Is there a professional securitv organization hired for this event? n Yes n No Company
Name
WE WILL HAVE SECURITY 8-10 MAYBE MORE WE ALSO USE OUR YUCAIPA SPOSSE AND SOME STAFF.

Contact Name
Phone Number
Please describe your security plan including crowd control, internal security or venue safety, or attach the plan to this application:

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

Are there any musical entertainment features for this event? ❑ Yes ❑ No Name of Act
Contact Name
Phone
Number
How many stages? Number of bands? Genre of music:

Will fireworks, rockets, or other pyrotechnics be used? ❑ Yes ❑ No Company
Name
o9/63[ib34gty Council Agenda

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

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

Insurance certificate must be issued by insurance underwriters "admitted" by the California Insurance Commission and rated 'A' or better by AM Best. Requirements are:
• Minimum $1,000,000 General Liability Limit
• Minimum $1,000,000 General Automobile Liability
• Minimum $1,000,000 Worker's Compensation
• On an additional insured endorsement, the City, its elected officials, officers, and agents are to be named as additional insured
• Minimum limits of coverage may change depending on event ❑ Insurance certificate attached ❑ Insurance certificate on file ❑ Insurance certificate not available
Filing Fees
Special Event Permit Application Fee: $200.00
* Other Fees may apply (e.g. street closures, Fire Permit/Inspections, utilities, facility rental, etc.)
09/27*0ty Council Agenda

Application Checklist
❑ Completed Application
❑ Certificate of liability insurance
❑ Site Plan (location of structures, lighting, restrooms, parking, etc.) ❑ Copy of Security Contract (if applicable)
❑ Copy of Potable Restroom purchase order (if applicable) ❑ Facility or Shelter Reservation Application (if applicable) ❑ Copy of ABC License (if applicable)
❑ Copy of County Health Permit (if applicable)
By signing below, I agree to indemnify, hold harmless, and defend the City and its officials, employees, and agents, against all claims, liabilities, and losses arising from activities connected with or undertaken pursuant to the Permit. The City is not liable for any business loss, property loss, or other damage that may result from the use of the Permit, or suspension or revocation of the Permit.

Name: Jim Butler
Signature: Date:
08/6/24
09/01YO24@Aty Council Agenda

ATTACHMENT 2
09/23/2024 City Council Agenda 169

250 BE EN "` CHANGEABLE

SIGNS JYPYP MESSAGE SIGN
250' BETWEEN (CMS BOARDI
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V%k, ood Canyon Road
El
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G
250r --- -

BETWEEN

SIGNS (TYP )
O# RECOMMENDED ORDER OF PHASED

PARKING

OAVENUE G PARKING LOT
(687 Parking Stalls)

WEST SIDE OF CALIFORNIA STREET
(59 Parking Stalls)
Zb WEST SIDE OF CALIFORNIA STREET
(33 Parking Stalls)

EAST SIDE OF CALORNIA STREET
32 SOUTH OF PARK ENTRANCE
(42 Parking Stalls)

VIP/ADA EAST SIDE OF CALIFORNIA
3b STREET NORTH OF PARK ENTRANCE
(59 Parking Stalls)
®CALIFORNIA AT AVENUE H
(66 Parking Stalls)
TOTAL PARKING STALLS- 946
9' GENERAL GUIDELINES FOR PARKING STALL LAYOUT
\�, 3' MW. CLEARED PATH OF TRAVEL FOR

ADA ACCESS ALONG CALIFORNIA STREET
REOUTA£D To HAVE 20 ADA STALLS OF VMICH
3 MUST HAVE VAN LOADING AREA
TAPER

DIRECTION OF

TRAFFIC MOVEMENT PARKING

PASS BOOTH
a 250 LF B[TWEE
SIGNS (TYP) 2

PARKING SIGNAGE
r—
a
a
245' TAPER • ,� \
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PARKING
r4 FOOT WALKWAY

BETWEEN PARKING SPACES AND
CURBtGUTTER

ADA PARKING SPACES

AND ADA GOLF CART

LOADING AREA
'-R1-1 WITH BEACON
4 EACH (2 NBAND 2SB)
"LOADING ZONE'•
120 L F.
1 -
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APPROACH(TYP.)
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NIGHT TO ALLOW FOR TRAFFIC EXIT
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rat
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m ... 250' BEY}V1lEEN U—

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09/23/2024 City Council Agenda 170

Agenda Item No. 18

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services
FOR: City Council Meeting of September 23, 2024
SUBJECT: Special Event Permit Application — St. Frances Xavier Cabrini Fall Festival RECOMMENDATION:

That the City Council approve a Special Event Permit Application submitted by St. Frances Xavier Cabrini to conduct a Fall Festival on Saturday October 12, 2024.

BACKGROUND/DISCUSSION:

On August 5, 2024, St. Frances Xavier Cabrini (Applicant) submitted a Special Event Permit Application (SEPA) to conduct a Fall Festival at the church. A SEPA is required, because the Applicant is requesting to use a portion of their parking lot for the activities listed below. In addition, the Applicant would like to sell beer and wine at the event, which will require an ABC license. The details of the SEPA (Attachment 1) are as follows:
• Event: Fall Festival
• Location: St. Frances Xavier Cabrini Church
• Date: Saturday, October 7, 2023
• Time: 1:00 p.m. to 9:00 p.m.
• Activities: entertainment, food and games, beer and wine garden, and bingo City staff will continue to work with the Applicant to obtain all necessary documentation and departmental approvals.

FISCAL IMPACT:

The applicant has paid the $200 SEPA fee.

Attachment(s):

1. Special Event Permit Application
Approved by:
09/23/2024 City Council Agenda 171 1

ATTACHMENT 1
09/23/2024 City Council Agenda 172

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

PROCEDURES
A complete permit application may be filed as early as one (1) year before the event, but It must be received no later than three: (3) months before the actual event date. Any organized activity involving the use of, or having impact upon, public property, facilities, public parks, sidewalks or street areas requires a permit. Applicants requesting a waiver of fees or services must submit their application a minimum ofsix (6) monrhsin advance.

The permit application process begins when you submit a complete Special Event Permit application, Keep in mind that acceptance of your application should in no way be construed as final approval or confirmation of your request, Upon receipt of your application, the Special Events Supervisor will help guide you through the permit process. Copies of the application are forwarded and reviewed by all affected departments and/or agencies. During the review process, you will be notified if your event requires any additional information, permits, licenses or certificates. During our initial application screening process, you will be allowed time to provide us with all pending documents, We must receive these items before Issuing a Special Event Permit (i.e., certificates of insurance, secondary permits, etc.). Delays in providing these items often delay our ability to finish our review and approve your application in a timely manner, Special Event Permits can be approved administratively by City management under specific limited criteria. Events that exceed those criteria will require the approval of City Council;
City Management/Administrative Approval
- Estimated attendance 300-999 persons
Amplified Sound (excluding Special Event Facilities)
City Council Approval
• Estimated attendance 1000+ persons
- Alcohol Service (excluding Community Centers and YPAC) Street Closure — traffic management
- Fee Waiver/Co-Spoissorship/In-Kind (Community Activity Grant Application required)

Organization and Applicant Information
❑ Commercial (For -profit) ❑ Noncommercial (Non-profit) Tax l.D, M Organization Name
Name
St Frances Xavier Cabrini
Applicant Name
Luz Lara
Address
12687 California St.

Email
[email protected]
Phone Number
(909)797-2533
On -Site Contact
Luz Lara
Phone Number
(909)705-7955
Event Infoi*matjon
Type of Event: ❑ Athletic/Recreation 0 Festival/Celebration ❑ Outdoor Market ❑j Circus/Carnival
❑Concert/Performance ❑ Parade/Procession/March ❑Other (specify); Event Title
St. Frances Xavier Cabrini Festival
Event Location
St. Frances Xavier Cabrini
Event
This event focuses on bringing our faith community together to Description
celebrate our patroness St. Frances Xavier Cabrini. We have food, bingo, and entertainment for the families.

Please complete a daily breakdown of event -related activities. Use multiple lines to distinguish between different daily activities. Please attach additional sheets if necessary.

Date(s)
Daily Activity
Start Time
End Time
10J11/24
F Set -tip ❑.Event bay E Clean-up
6:00 PM
8:00 PM
1012/24 _
® Set -tip ❑ Event Day Clean-up
10:00 AM
1:30 PM
101/2/24
❑ up Set - I El Event Day Clean-up
8:00 PM
10:00 PM
Set-up ❑ Event Day Clean-up
Set-up Event Day ❑ Cleanup
Set-up ❑ Event Day Clean-up
Has this event taken place before? 01 Yes ❑ No How many years?4 Total anticipated attendance: 200 Participants: 30 Spectators: 170

Site Plan
Attach a diagram showing the overall layout and setup locations using the letters below, Indicate the site for these on your diagrain.

A. Alcoholic and nonalcoholic concession and/or beer garden areas B, First -aid facilities and ambulance locations
C, Tables and chairs
D. Fencing, barriers and/or barricades
E. Generator locations and/or source of electricity
F. Canopies or tent locations
G. Booths, exhibits, displays ar
enclosures
H. Scaffolding, bleachers,
platforms, stages,
grandstands and related
structures

1. Vehicles and/or trailers
I. Other related event
components not covered
above (describe
separately)
K Trash containers and
dumpsters
L. Non-food vendor locations
M. Food concession and/or
food preparation areas
N. Potable toilet location(s)
Sample Site Plan:

When planning a moving route, the Yucaipa Police Department is available to assist you in planning your route. Consider the following in your planning:
• Impedance of emergency fire, police or paramedic vehicles, • Conflict with public transportation, such as buses.
• Interference with people trying to reach their own residences, businesses, places of worship and public facilities,
If your event involves street closures, you may be required to obtain traffic safety equipment, and a certified traffic control plan. Depending on the type of event, barricades, traffic cones, signs, etc., may be required. Depending on the type of event and after evaluating roadway conditions, you may be required to properly place this equipment prior to commencing the event, If the closure creates a potential hazard, your organization will be required to contract traffic service from the Yucaipa Police Department and/or Street Division.

List street(s) requiring closure as a result of this event, Include street name(s), day, date, and time of closing and time of reopening;
Indicate how this closing/reopening of streets will be handled:

City of Yucaipa to handle (cost to be specified) ❑ Event to handle per CalTrans standards
List street(s) requiring the posting of "No Parking" signs, Indicate days, dates, and times needed and an explanation of necessity of "No Parking" zone; Nate: "No Parhlop" signs will be Posted forty-eight (48) hours in advance of required days, dates and tunes, Gostfov the Posting of" NoPal,kbjg"signs will bespecified upon review ofth a application by cltystaff Food and Beverage
Please describe how food will be served at the event;
FOOD WILL BE SERVED BY SPECIFIC PEOPLE WITH FOOD HANDLER'S PERMIT.

Will food be cooked in the event area? FOR Yes No
Method: Q Gas ❑ Electric ( Charcoal ❑ Other (specify):
uoes me event invoive me sale or use or aiconotic neverages( LEI Yes "No If alcohol is to be sold, how will the alcohol sales be regulated? All participants attending event will have to buy tickets at the ticket booth in order to buy alcohold in the specific booth that sells alcohol.

Who will be handling the alcohol sales?
The Knights of Columbus. The knights of Columbus have a permit for this sale.

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

Will Event Organizer provide portable restroom facilities? 0 Yes ❑ No

Company
Diamond Environmental Services
Name
Contact Name
Laura Cervantes
Phone Number
7607447191
Lighting
If this is an evening event, please state how the event and surrounding areas will be illuminated to ensure the safety of the participants and spectators. (If required, show a separate site map which details streetlights, portable lights, and other Mumma 3 light towers will be rented to provide sufficient lighting for our premises, Waste Removal
Event Organizer is responsible for arranging for the removal of all waste related to the event.

This includes but is not limited to emptying of trash bins and the removal of waste from the event site and other affected areas. If hiring a professional sanitation company, please )rovide the following information,
Company
Name
Contact Name
Phone Number
If &oA hiring a professional sanitation company, please provide the Following information for :heperson(s) responsible for waste removal.

Contact Name BURRTEC SERVICES
Phone Number (909)889-1 9£9
Cal Fire/Medical
In case of an emergency, the on -site contact will call 9-1-1. If event requires an ambulance cotnuanv to he on -site. nlease ni•nvide the Following information:

Company
Name
St. Frances Xavier Cabrini
Contact Name
Luz Lara
Phone Number
(909)705-7955

We will have an emergency preparedness table available through the whole day in the festival from 2:00 PM-8:00 PM. The leader taking care of this table is Joe Scarite. Joe is a retired firefighter and is CPR certified. Joe's contact number is (951)217-1984, Police Services/Security
In the event that a carnival/street fair and/or alcohol service will be included in the event, an
alcohol garden and security plan will need to be submitted as well as a security contract and/or, public safety staffing plan for- review by the Police Department. is there a professional security organization hired for this event? X Yes ❑ No Company

LAND HOUSING SECURITY SERVICE
. Name
Contact Nance
Angie Jimenez
Phone Number
(909)474T9000
_
Please describe your security plan including crowd control, internal security or venue safety, or attach the plan to this application:
1 armed security will be standing by the cashiers and the other security guards will be will be walking around our premises to make sure our site is secured.

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

Are there any musical entertainment features for this event? I Yes ❑ No Name ofAct
DISTINCT BANDS, FOLKLORiCO, JAPANESE & IRISH DANCERS
Contact Name
Luz Lara
Phone ---
Number
—
(909)797-2533
How many stages? .I Number of bands? 2 Genre of music: wLaq 8aa nuio Will fireworks, rockets, or other pyrotechnics be used? [] Yes © No Company
Name

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

Has a permit been issued: L Yes L1 No
(Note. Addition a[ permits may be required as indleated by staff. These include, butare not limited to, Conditional Use 24 Peru►ft, Land Use Permit, and Fire Deparhnent per►nits,) Insurance
Before a Special Event Permit is issued, a certificate of insurance must be submitted.

Insurance certificate must be issued by insurance underwriters "admitted" by the California Insurance Commission and rated `A' or better by AM Best, Requirements are:

Minimum $1,000,000 General Liability Limit
Minimum $1,000,000 General Automobile Liability
Minimum $1,000,000 Worker's Compensation
On an additional insured endorsement, the City, its elected officials, officers, and agents are to be named as additional insured
• Minimum limits of coverage may change depending on event Q Insurance certificate attached ❑ Insurance certificate on file 0 Insurance certificate not available
Filing Fees
Special Event Permit Application Fee : $200.00
* Other Fees may apply (e.g. street closures, fire Permit/Inspections, utilities, facility rental, etc.)

Application Checklist:

Q Completed Application
Q Certificate of liability insurance
Site Plan (location of structures, lighting, restrooms, parldlig, etc,) 0 Copy of Security Contract (if applicable)
No Copy of Potable Restroom purchase order (if applicable) [] Facility or Shelter Reservation Application (if applicable) Copy of ABC License (if applicable)
❑ Copy of County Health Permit (if applicable)
By signing below, I agree to indemnify, hold harmless, and defend the City and its officials, employees, and agents, against all claims, liabilities, and losses arising from activities connected with or undertaken pursuant to the Permit. The City is not liable for any business loss, property loss, or other damage that mayresultfrom the use of the Permit, or suspension or revocation of the Permit.

ANatmko— t lV` SignaWre Date;' `
�F

Environmental Services, LP
I 1 solid Waste Services, Inc
Power Services, Inc
C-10 CSLBN908341
www.Dlamond provldes,com

HEADQUARTERS
807 E. Mission Road
San Marcos, Ca 92069
`ai' 760,744,7191
760.744.7184
BILL TO: ST FRANCES XAVIER CABRINI
12687 CALIFORNIA ST
YUCAIPA, CA 92399.4712
SERVICE ADDRESS: 12687 CALIFORNIA ST J YUCAIPA, CA 92399-4712 Invoice Date 10/11/2024
Invoice Number 0005464963
Account Number 104153
Invoice Due Date 10/11/2024
am
�MS<;YIN
5r.'?

WE ACCEPT AMERICAN EXPRESS, VISA,

MASTERCARD & DISCOVER
PAY ONLINE: Portal.Dlamondprovldes.com

CHECKS OR MONEY ORDERS PAYABLE TO

DIAMOND ENVIRONMENTAL, SERVICES LP

REMITTANCE AMOUNT

CHECK NUMBER

PLEASE RETURN TOP PORTION WITH PAYMENT
Customer agrees to pay Diamond Environmental Services
legal fees, attomWs fees, costs (Including expert witness costs) and expenses of litigation, In the event there Is anti litigation lied to enforce the terms or conditions of this agreement, Inciuding any litigation as a result of Custonx nonpayment under any agreement will+ Diamond.

SIba 0004 (+A 4 PEsnVAL ;
Z687 ROWMEM
10/11/21
2 EVENT PREMIER RESTROOM
104.04

1.17 210.10
10/11/24
1 EVENT ADA RESTROOM
204.03

1.17 205.20
10/11/24
1 EVENT 2 BASIN HAND WASH

84.03 1.17

65.20 10111/24
1 EVENT 3 BASIN HOT & COLD PROPANE SINK
499,03

1.17 500,20
10/11/24
1 EVENT HOLDING TANK 55 GAL FRESH WATER
78,83

1.17 80.00
Starting March 2024, a 2,75 % service fee will apply to Card transactions, No PrormtI rig f or Harly Pf c(c Up

PORTABLE RESTROOM SERVICE/ PUMPING LABOR PROVIDED AT THE OPTION OF THE LESSEE 807 E Mission Road Billing questions? Email us at [email protected] Account 104153
San Marcos, CA 92069
W 760.744.7191 TERMS: Net 10 Days
A 760,744.7184 1.50% Late Charge due on outstanding balances more Dianrandprovldes.com than 30 days from date of involce (10% Per Annum) Restrooms Ounlnstars Fencing Power 3. Soot] P�nlninn
Invoice 0005464963

INVOICE TOTAL
* $1rp$i.pd
*1CS01At]or6t/23% ffT eiity Council Agenda
181

Certificate of Coverage Date:6/I4/2024
Carilfleate flolder
The Roman Catholic Bishop of San Bernardino, CA
A Corporation Sole
1201 Bast Highland Avenue_
Tills Certificate is issued as a matter of information only and confers no rights upon the holder of this certificate. This certificate does not amend, extend or alter the coverage afforded below.

Company Affording Coverage
San Bernardino, CA 92404

THE CATHOLIC MUTUAL RELIED

SOCIETY OF AMERICA
t0843 OLD MILL RD
OMAHA, NE 68154
Coveral Location
St, Frances Xavier Cabrini Parish
12687 California Street
Yucaipa, CA 92399-4712
Coverages
This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement,
term or condition of any coutrac(or other document with respect to which this cortifleate may be issued or may pertain, the coverage afforded described herein Is subject to all the terms, exclusions and conditions of such coverage, Limits shown may have been reduced by paid claims.

Type of Coverage
Certiflcata plumber
Coverage Effective
Date
Coverage L'x)lrntlolt
Date
Llulits
Property
Real & Persmial Property
D. General Liabiilty
Each Occurrence
1 000 000
General Aggregate _ _-
occurreaee
® Clalnks blade
8571
7!1/2024
7/1/2025
Prodncts-Comp= Agg
Persoaal & Adv Injury
Itire Damage (Any oue fire)
hied Exp (Any one person)
Excess Liability
Each Occurrence
Amnml Aggregrate
ofher
Each Occurrence
Claims Alade
Annual Aggregrate
LiadtiCovernge
Dl`9C1'ipiI011 of Opel'at10tlSif.00allonSnjClllCies/SpCCfoi Itema (the followhkg language supersedex any other huiguage Ili this endnrscniCnt or like CertifieatC In conflict with this ialkguage)
St. Frances Xavier Cabrini Parish's Festivalhehig
held on parish grounds on October 11, 2024, & October 12, 2024, Holder of Cerlificnte
Caucellatimk
Additional Protected erson s
Should any of the above described coverages be cancelled City of Yucaipa
34272 Yucaipa Blvd,
Yucaipa, CA 92399
before the expiration date thereof, (lie issuing company will endeavor to mail 30 days written notice to the holder of certificate named to the left, but failure to nail such notice sliall impose no obligation ov liability of any kind upon the company, its agents of representatives,
0309007792
Authorized Representative
09/23/2024 City Council Agenda 182

ENDORSEMENT
(TO BE ATTACHED TO CERTIFICATE)
Effective Date of Endorsement 10/11/2024 Charge Credit
Cancellation Date of Endorsement 10/1312024
Certificate Holder The Roman Calhok Bishop or San Bernardino, CAA Corporadon Sole 1201 East Highland Avenue San Bernardino, CA 92404 Location St. Frances Xavier Cabrfnt Parish 12687 California Street Yucaipa, CA 92399-4712 Certificate No. 8571 of The Catholic Mutual Relief Society of Arnerica is amended as follows:

SECTION it -ADDITIONAL PROTECTED PERSON(S)
It !s understood and agreed that Section II - Liability (only with respect to Coverage D - General Liability), is amended to include as an Additional Protected Person(s) the organlzation(s) shown In the schedule below.

Glty Ot Yucaipa
34272 Yucaipa Blvd.

Yucaipa, CA 92399
Remarks:

St. Frances Xavier Cabrini Parish's Festival being held on parish grounds on October 11, 2024, & October 12, 2024.

However, the following limitations apply to coverage:

1. The maximum limits of coverage provided by
Catholic Mutual Relief Society of America to
the Additional Protected Person(s) named
In this endorsement shall not exceed the
coverage dollar amount specifically required
by contract or agreement and agreed to by the
Protected Person(s). In the absence of
specific coverage limits within a referenced
contract or agreement, the limits of liability
afforded to the Additional Protected
Person(s) must be listed on a separate
Certificate of Coverage form attached to this
endorsement. All limits of liability extended by
this endorsement are inclusive of both Section It
Coverage D and Section 1Ai coverages (if
applicable).

4. This endorsement does not extend coverage to
the Additional Protected Person(s) for
Occurrences which cannot be attributed to
primary acts or omissions of the Protected
Person(s),

5. Provided that a premises Is utilized by the
Pro tectedPerson(s) In a mann ar consistent with
Its Intended purpose and In accordance with the
applicable contract, agreement, or lease, this
endorsement does not extend coverage to the
Additional Protected Person(s) for premises
defects or other Occurrences which could not be
discovered by the Protected Parson(s) with
reasonable diligence,

2. Unless specifically agreed to by contract or 6. The limited coverage afforded to the Additional agreement, the coverage extended to the Protected Person(s) by this endorsement only Additional Protected Person(s) by this applies to the exient permissible by law and shall endorsement Is excess and non-contributory not apply to non -delegable duties unless over any other available coverage or specifically agreed to by contract or agreement.

Insurance,

3. This endorsement does not apply to any
Occurrence outside the specific date(s) of a
facility use agreement or terms of a lease.

This extension of coverage shall not enlarge the scope of coverage provided to the Certificate Molder under this Certificate nor Increase the limit of liability thereunder. Unless otherwise agreed by contract or agreement, coverage extended under this endorsement to the Additional Protected Persons) will not precede the effective date of this endorsement or extend beyond the cancellation date.

PKS•122C(10-23)

THE CATHOLIC MUTUAL RELIEF SOCIETY OFAMERICA
09/23/2024 City Council Agenda 183

Arc
plc
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Parking
M[t
6 Rm
Rm
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Rmc(not
to scale)
5 4
3 2
117
`37 spaces
Rm -17 11 s�a-
Rectory
PKG
entry
exit
Entrance
09/23/2024 City Council Agenda
Grass area
Parish Center
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steer Mariano i6� enes Youth
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SEATING
Light T

VENDORS
Handicapped Parking -15 spaces
STAGE

FIRE LANE
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Entrance
184

LAND & HOUSING SECURITY SERVICE
"Security Service Agreem
Land & Housing Security Services is committed to conclude a Contract with: (Client) St. Francis Xavier Cabrinln Church to provide security services.

Place of Service: St, Francis Xavier Cabrinin Church
Address: 12687 California St., Yucaipa, CA 92399
Contact Name and Phone 4: - Luz Lara (909) 797-2633 Ext. 222 Type of Service: Standing Armed guard
10/11/2024 1 armed guard from 7pm to loam overnight
10/12/2024 2.armed guards from 2pm to 8:30pm
Schedule '-for Service:

Total Hours per day: 27 hours Cost per Hour $ 30,00 per hour Length of Contract: Per.Event

SCOPE OF SERVICE
Land & Housing Security- Services: Provide the following services for all its clients.

1. QUALIFIED Security Officers during the hours of coverage.

2. "EXPERIENCE, mobile field Supervisors to inspect every clients location, every client is provided with a FREE hour daily -per -shift supervision from a highly experience mobile field supervisor. We have established a policy of at least one site check per shift to guarantee the well being of clients' property. This is Usually more supervision than offered by any other security companies,

3. We offer Armed and Unarmed Security Officers.

4. SPECIAL packages can be designed to meet your needs, upon request. 09/23/2024 City Council Agenda 185

LAND"&.'HIOUSING SECURITY SERVICE
PPO #17167
Serving Southern California
"YOUR SAFETY IS OUR GOAL"
State Licensed and Full Insured
Office (909) 474-9000
E-Mail: l.andhousing�it�uri�Y(x gmail.com
2601 Del Rosa Ave,, Suite#222F
San Bernardino, CA 92404
09/23/2024 City Council Agenda 186

. SECURITY SERVICE PROVIDED
Land & Housing Security Services' Security Officers will maintain a safe and secure environment by performing the following activities during a Patrol of the site or Standing Guard,
1) Patrol perimeter of property, access points and buildings included but not limited to, common areas, laundry facilities, pools, and all vacant units to detect signs of intrusion and ensure security of doors, windows, and gates,
2) Protect property by vigilantly maintaining a safe and sectzxe environment, and creating a clearly visible presence on the property when onsite to deter criminal activity.
3) Respond quickly and investigate alarms and/or disturbances. 4) Monitor entrance and departure of visitors, and other persons to guard against theft and maintain security of premises.
5) Write accurate daily activity reports related to patrol activities and irregularities observed, such as equipment or property damage, theft, presence of unauthorized persons, unusual occurrences, contact made with residents and guests, and any warnings regarding rule violations.

Offer any safety warning and tips that based on Security Officers observations would assist in preventing crime and/ or ensure onsite safety.
6) Call police or fire department for emergencies or as appropriate, such as for a fire, presence of unauthorized persons, physical altercations, accidents resulting in serious physical injuries, or observed criminal activity. Write an accurate serious incident reports providing a detailed recitation of any such events, including obtaining contact information from witnesses.
7) Circulate among visitors, patrons, and employees to preserve order and protect property in a friendly and approachable manner, 8) Warn persons of rule infractions or violations, and request that unauthorized persons leave the premises or contact authorities to remove unauthorized persons from the premises,

OFFICE FACILITIES
Land & Housing Security Services: Is based in San Bernardino, California.

We are a 24-hour I seven days a week company to fit your needs. We provide you with a live person from 8:00 a,m, to 6:30 p.m, and after hours an answering service.
09/23/2024 City Council Agenda 187

TERMS & CONDITIONS
The services provided under this Agreement are solely for the benefit of Client and neither this Agreement nor any services rendered shall create or be deemed to create any rights in any other party as a third party beneficiary. Land & Housing Security Services will defend and hold Client harmless Client from any and all claims arising out of the performance of the security services by Land & Housing Security Services.

Land & Housing Security Services shall maintain the following insurance:
1) Commercial general liability coverage in the amount of at least $1,000,000 per occurrence and $2,000,000 aggregate, and 2) professional liability insurance in the amount of at least $1,000,000 per occurrence. Land & Housing Security Service shall provide proof of professional liability coverage, and name Client as an additional insured on its commercial general liability.

Billing will be every 15 days with a net of 10 days from invoice date.

Especial events, payment is required at the time of the event.

The undersigned shall be deemed an independent contractor and is not an employee, partner, agent, or engaged in a joint venture with the Company.

The client will not hire employees from Land & Housing Security Services unless an agreement has been made between both,parties otherwise a breach of contract occurs. Land & Housing Security Services will take action to protect the rights of the contract and under applicable law, unless the breach is remedied within 5 days of the breach.

Consistent with the foregoing, the Client shall not deduct withholding taxes, FICA or any other taxes required to be deducted by an employer as I acknowledge my responsibility to pay same as independent contractor, I further acknowledge that the company shall not be entitled to any fringe benefits, pension, retirement, profit sharing or any other benefits accruing to employees.

To the fullest extend permitted by law, Client will indemnify and hold harmless Contractor, their officers, directors, partners, representatives, agents and employees from and against any and all claims, suits, liens, judgments, damages, losses and expenses, including legal fees and all court costs and liability (including statutory liability) arising in whole or in part and in any manner from injury and/or death of person or damage to or loss of 09/23/2024 City Council Agenda 188

any property., resulting from the actsi - omissions, breach or default of contractor, its officers, directors, agents, employees and subcontractors, in connection with the performance of any work by or for contractor pursuant to any contact Purchase Order and/or related Proceed Order, except these claims, suits, liens, judgments, damages, losses and expenses caused by the negligence of (Enforcement Security Patrol). Client will defend and bear all costs of defending any actions or proceeding brought against Contractor, their { officers, directors, agents and employees, arising in whole or in part our of any such acts, omission, breach or default. The foregoing indemnity shall include injury, death or disability of any employee of the Client and shall not be limited in any way by amount or type of damages, compensation, or benefits payable under any applicable workers compensation, disability benefits or other similar employee benefit act.

The Client hereby expressly permits the "Contractor to pursue and assert claims against the Client for indemnity, contribution and common law negligence arising out of claims for damages for death and personal injury.

Termination of service requires a 30-day written notice.

Any dispute that arises here under shall be resolved by arbitration. pursuant to "Commercial Arbitration Rules of the American Arbitration Association, which shall take place in Los Angeles, California.

In the event that litigation is commenced to enforce any of the terms of this agreement the prevailing party in the litigation (whether by court or arbitration) shall be entitled to the costs thereof, including reasonable attorneys fees.

This agreement shall be interpreted pursuant to the law of the State Of California.

EXECUTED this day of '
In the State of California.

Land & Housing Security Services Date
s r� `7 C ��
(Client Name) Date"
09/23/2024 City Council Agenda 189

7122/24. 2:32 PM
Permit
City of Yucaipa Community
Services
34272 Yucaipa Blvd
Yucaipa, CA 92399
PHONE:(909) 790-7460
FAX:(909) 790-2589
EMAIL:comrnunityservicesia yucaipa.org
Organization Name
St. Frances Xavier Cabrini - 402
Customer Type
DNU Non -Profit Res (III)
Organization Address
12687 California St.

Yucaipa, CA 92399
Agent Name
Luz Lara
System User Julia Basa
PermitContract

COMMUNITY
°
sj'�'s'

SERVICES
Ke
oKe
Life
i
Better.

Permit #
R6667
status
Tentative
Date
Jul 22, 2024 2:32 PM
Expiration Date
Jul 22, 2025
Organization Phone 1 (909) 797-2533x222
Number
Work Phone Number (909) 797-2533
Home Phone Number (909) 705-7955
Email Address luzlara9agmail.com
Rental Fee
$200.00
Discounts
$0.00
Subtotal
$200.00
Deposits
$0.00
Deposit Discounts
$0.00
Total Permit Fee
$200.00
Total Payment
$0.00
Re -kinds
$0.00
Balance
$200.00
St. Frances Xavier Cabrini Festival
Booking Summary
1 resource(s) 2 booking(s) Subtotal: $200.00

START DATE/TIME I END DATE/TIME I ATTENDEE ( AMT W/O TAX Fri, Oct 11, 2024 6:00 PM Fri, Oct 11, 2024 8:00 PM 1 $0.00 Sat, Oct 12, 2024 10:00 AM Sat, Oct 12, 2024 10:00 PM 200 $200.00 Special Event Fee (Res -IV) $200.00 / Each x 1 $200.00
Payment Schedules Original Balance: $200.00 Current Balance: $200.00

DUE DATE I AMOUNT DUE AMOUNT PAID I WITHDRAWAL ADJUSTMENT I BALANCE Sep 27, 2024 $200.00 $0.00 $0.00 $200.00
09/23/2024 City Council Agenda
https:/,,Ianprod.active.com/yucaipa/ui.do?method=showPermitContract&permit_id=F5BAOEBEOF36A8 190 1/1

Agenda Itcm No. 19

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Assistant City Manager/Rent Administrator'! - Ryan Blackerby, Deputy Director of Finance L—r- y r—
FOR: City Council Meeting of September 23, 2024
SUBJECT: Resolution No. 2024-56 — Establishing the Administrative Rules and 2025 Annual Registration Fee for the Implementation and Enforcement of the Yucaipa Mobilehome Rent Stabilization Ordinance
RECOMMENDATION:

That the City Council adopt Resolution No. 2024-56, establishing the Administrative Rules for the Implementation of the Yucaipa Mobilehome Rent Stabilization Ordinance and establishing the 2025 Annual Registration Fee for the Enforcement of the Ordinance.

BACKGROUNDMISCUSSION:

Pursuant to Yucaipa Municipal Code (YMC) Chapter 15.20 the intent of the annual registration fee is to cover the costs of administering the Mobilehome Park Rent Stabilization Program Program). Since 2004 the costs associated with this program have increased due to special rent adjustment applications and appeals, on -going litigation based on the findings of these applications and changes in personnel costs. Based on these factors, the Program had developed a financial deficit.

City Council established that the Program be financially self-sufficient. In order to remain financially self-sufficient, it was necessary to adjust the fee structure in order to address both the cumulative deficit at the time and the ongoing expenses. Without an adjustment for both components, the cumulative deficit would have continued to increase, resulting in a General Fund subsidy of this Program.

To ensure that the Program remains financially self-sufficient, on September 10, 2007, City Council approved an overall funding model that addresses the funding for any accumulated deficit/surplus and the ongoing costs associated with the administration of the Program. To prevent potential rate spikes, the funding model includes the elimination of any accumulated deficit/surplus over a three-year period and an additional component to reconcile the previous year's actual balance/deficit to address unforeseen expenses that may have occurred since the annual calculation was completed.

The current model includes the following factors:

1. Calculating a three-year rolling cost average using the two previous years' actual or 09/23/2024 City Council Agenda 191

estimated actual expenses, and the current year's budgeted expenses; and

2. Adding a factor equal to the projected deficit/balance for one subsequent year to compensate for the one-year delay in collections; and

3. All expenses related to special rent adjustment applications and/or appeals; and

4. All court related expenses when the decisions made by the Hearing Officer (formally Commission and/or Council) are upheld by the courts; and

5. Reconciliation of actual balance/deficit based on a rolling three-year average.

The Council has directed staff to calculate the revenues and expenses using the approved model and return to Council each Fall to propose the registration fee to be implemented January 1" of each subsequent year.

City staff has reviewed and calculated the revenues and expenses using the approved model. Based on the model, Exhibit I (attached) has been updated to reflect the following:
➢ Section I — The three-year rolling average has been updated to include FY 22/23 actual expenses, the FY 23/24 estimated actuals and the FY 24/25 budgeted expenses. Section I results in a cost per month, per space, in the amount of $7.64. ➢ Section II — Attempts to compensate for the delay in the collection of registration fees, which results in an estimated cost of $1.77 per month, per space, to address future projected annual deficit.
➢ Section III — Attempts to reconcile the previous year's estimated fund balance/deficit to the actual fund balance/deficit. In the previous year's report, the estimated fund balance as of June 30, 2024, was $90,189. After reconciling actual revenues and expenses for FY 23/24, the fund balance for June 30, 2024, is now estimated to be approximately $184,450; a difference of $94,261. This difference is reconciled over the next three years, which will result in a credit of $0.83 per year. This, plus an adjustment to reconcile the previous year's balance/deficit, results in a decrease in the amount of $2.15. The change in estimated to actual is related to expenses (based on a three-year rolling average) in salaries & benefits, overhead, professional services, information technology division related expenses and office supplies relating to the program.

Based on these adjustments, the 2025 annual registration fee will decrease from the 2024 fee of $89.04 ($7.42 per month per space / each party paying $3.71) to the recommended 2025 fee of $87.12 $7.26 per month per space / each party paying $3.63), which will result in a decrease of $0.08, per month per space for the residents. The attached Resolution No. 2024-56 establishes the annual registration fee of $87.12 for 2025, which is based on Exhibit I.

Upon Council adoption of Resolution No. 2024-56, city staff will send rate adjustment letters to both park owners and residents. The implementation of the $87.12 fee will take place in January of 2025 and will be reflected in the 2025 Mobilehome Park Registrations, which are required to be completed by the park owners and filed with the City by January 31, 2025. 09/23/2024 City Council Agenda 192

FISCAL IMPACT:

The rent stabilization program model, Exhibit I, reflects that FY 2024/25 projected expenses will exceed revenues (based upon rolling three-year cost average) by the amount of $135,440. This is expected pursuant to the model approved for recovering costs, including accumulated deficits.

However, the model also allows for an adjustment factor to reflect the subsequent year's projected surplus/deficit to account for the timing of collections. In addition, the projected cumulative surplus balance as of June 30, 2025, is $72,553. The formula depicted in Exhibit I is based on a three-year rolling average, which offsets unforeseen expenses/revenues that may result from special rent adjustment applications or changes made by the state.

Attachments:

1. Exhibit I

2. Resolution No. 2024-56 & Exhibit A (Administrative Rules) Approved by
09/23/2024 City Council Agenda 193

ATTACHMENT 1
09/23/2024 City Council Agenda 194

Exhibit I
City of Yucaipa
Mobilehome Rent Stabilization Costs
Three year rolling average using two actual previous years plus budget year 22-23 23-24 24-25 25-26
Actuals Est. Actuals Budget Projection

I EXPENSES
Salaries and Benefits
186,131
198,342
236,721
243,823
Overhead
37,226
39,668
47,344
48,765
Actual Professional Services/Supplies
36,012
13,119
116,112
86,937
Total Expenses
259,370
251,129
400,177
379,524
Monthly cost per space, based upon 3 yr. average cost

7.03 6.67

7.64 8.49
Amount actually included in annual registration calculation

8.68 7.42

II ANNUAL PROJECTED BALANCE/DEFICIT
Revenues (Based upon rolling 3 year cost average)
Annual projected costs
Revenues over/(under) expenses
Amount required to be collected in subsequent year to address future projected annual deficit Cost/space/month based upon subsequent year projected deficit Amount included in annual registration calculation
Cost per space per year
Monthly amount per space
Total 3 year rolling average costs
Annual three year average cost per space per year

III RECONCILIATION OF ACTUAL BALANCE/DEFICIT
$ 278,279 $ 265,878 $ 264,737 $ 309,246
$ 259,370 $ 251,129 $ 400,177 S 379,524
18,909 14,749 (135,440) (70,278)
(14,749)
135,440
70,278
35,347
(0.39)

3.58 1.77

0.87 1/ of rent controlled spaces 3,127
3,151
3,309
3,371
$ 1.21
$ 1.29
$ 82.95 $

79.70 $
120.94 $
112.59
$ 6.91 $

6.64 $

10.08 $

9.38 $ 263,853 $ 252,096 $ 303,559 $ 343,610

84.38 $ 80.01 $ 91.74 $ 101.93
(2019-20 resulted in net 49.350. a 484.699 difference when compared to previous year's ejection for 6/30120 $75 349) 0.77 (2020-21 resulted in net -$5 012 a -$2 593 difference when conpared to previous year's projection for 6/30/21 Gd 581) 0.09 0.09 (2021-22 resulted in a net S99 924 a $92 999 difference when compared m previous year's projection for 6130122 $6 925) -0.83 -0.83 -0.83 (2022-23 resulted in a net S158 984 a $55 199 difference when compared to previousyear'sprojection for 6130/23 $103 785) -0.49 -0.49 -0.49 (2023-24 resulted in a net $184.450 a $94261 difference when compared to previous year's projection for 6/30/24 $90 199) -0.83 -0.83 Line to reconcile previous year's balance/deficit(rolling 3 year) 0.03 (1.23) (2.15) (1.32)

SUMMARY
I Monthly cost per space, based upon 3 yr. average cost II Cost/space/month based upon subsequent year projected surplus/(deficit) III Reconciliation of previous year's actual balance/deficit Adjust for rounding to even number
Total monthly cost per space to fully fund program (actual amount assessed for prior years ) Revenues, projected beyond budget year
Expenses, projected expenses beyond budget year
Cumulative program fund balance/(deficit)

7.64 8.49

1.77 0.87
(2.15) (1.32)

0.01 $ 8.68 $ 7.42 $ 7.26 $ 8.06
325,708 280,565 288,280 326,043
259,370 251,129 400,177 379,524
$ 155,014 $ 184,450 S 72,553 $ 19,072
9/4/2024
09/23/2024 City Council Agenda 195

ATTACHMENT 2
09/23/2024 City Council Agenda 196

RESOLUTION NO.2024-56

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

CALIFORNIA, ESTABLISHING THE ADMINISTRATIVE RULES FOR THE

IMPLEMENTATION OF THE YUCAIPA MOBILEHOME RENT
STABILIZATION ORDINANCE AND ESTABLISHING THE 2025 ANNUAL

REGISTRATION FEE FOR THE ENFORCEMENT OF THE ORDINANCE
WHEREAS, the City Council of the City of Yucaipa has adopted a Mobilehome Rent Stabilization Ordinance codified in Chapter 15.20 of Title 15 of the Yucaipa Municipal Code (YMC); and
WHEREAS, the City Council has adopted Administrative Rules for the Implementation of the Yucaipa Mobilehome Rent Stabilization Ordinance; and WHEREAS, Section 15.20.073 of Chapter 15.20 of Title 15 of the YMC provides that the City may adopt and impose fees for the provision of Mobilehome Park Rent Stabilization Services on those who necessitate or benefit from such services; and WHEREAS, the City Council approved an overall funding strategy model that addresses the funding forboth the cumulative deficit and the ongoing costs associated with the administration of the program using a rolling three-year average and directed staff to return to Council each September to propose the registration fee to be implemented January 1 Sc of each year; and WHEREAS, based on the adjustments outlined in the approved funding strategy model, the 2025 annual registration fee will be $87.12 per regulated space $( 7.26 per month per space / each party paying $3.63); and
WHEREAS, the implementation of the $87.12 fee will take place in January of 2025 and will be reflected in the 2025 Mobilehome Park Registrations, which are required to be completed by the park owners and filed with the City by January 31, 2025; and WHEREAS, this Resolution and any amendment hereto, establish the Administrative Rules for the implementation of the Chapter 15.20 of the YMC; and WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines. The City has determined that this Resolution is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section 15378. Specifically, this Resolution constitutes organizational or administrative activities of City government that will not result in direct or indirect physical changes in the environment. (Guidelines Section 15378(b) (5)).

Therefore, because it is not a "project," this Resolution is not subject to CEQA's requirements.

Further, even if this Resolution were deemed a "project" and therefore subject to CEQA, the Resolution would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. (Guidelines Section 15061(b)(3)). As 09/23/2024 City Council Agenda 197

an organizational or administrative activity which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, this Resolution does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus this Resolution is not subject to CEQA. (Guidelines Section 15061(b) (3)).

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

Section 1: The above recitals are all true and correct.

Section 2: Resolution No. 202347 is hereby rescinded.

Section 3: The City Council herby adopts the "Administrative Rules" attached hereto as Exhibit «A
Section 4: This Resolution shall take effect upon its adoption.

PASSED, APPROVED and ADOPTED this 23rd day of September 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
09/23/2024 City Council Agenda 198

EXHIBIT "A"
to
Resolution No. 2024-56

CITY OF

ADMINISTRATIVE
RULES

OR THE IMPLEMENTATION

OF THE YUCAIPA MOBILEHOME

RENT STABILIZATION ORDINANCE
(YMC 15.20)
Mobilehome Park Administrative Rules. Resolution No. 2024-56 09/23/2024 City Council Agenda 199

Legislative History
Resolution No. 1991-06 (Establishing Fees and Charges)
(1 / 14/91)
Resolution No. 1991-62 (Adopting Rules)
(8/12/91)
Resolution No. 1991-72 (Rescinding Resolution No. 1991-62) (9/23/91)
Resolution No. 1994-25 (Rescinding Resolution No. 1991-72) (7/25/94)
Resolution No. 1996-07 (Rescinding Resolution No. 1991-06) (3/25/96)
Resolution No. 1996-24 (Rescinding Resolution No. 1996-07) (6/24/96)
Resolution No. 1996-34 (Rescinding Resolution No. 1994-25) (10/28/96)
Resolution No. 1996-38 (Rescinding Resolution No. 1996-24) (10/28/96)
Resolution No. 1997-18 (Rescinding Resolution No. 1996-34) (9/22/97)
Resolution No. 1999-26 (Rescinding Resolution No. 1997-18) (11/8/99)
Resolution No. 1999-33 (Rescinding Resolution No. 1996-38) (11/8/99)
Resolution No. 2001-32 (Rescinding Resolution No. 1999-33) (10/22/01)
Resolution No. 2001-35 (Amending Resolution No. 1999-26 Section 2.0002) (11/26/01)
Resolution No. 2002-04 (Rescinding Resolution No. 1999-26 and 2001-35) (1/28/02)
Resolution No. 2003-40 (Rescinding Resolution No. 2002-04) (11/24/03)
Resolution No. 2006-39 (Amending Resolution No. 2001-32 Section 1 and (9/25/06)
Resolution No. 2003-40 Section 2.0008 (A)(B)(C))
Resolution No. 2007-03 (Repealing Resolution No. 2001-32 and (1/22/07)
Replacing/Consolidating Resolution Nos. 2003-40 and 2006-39) Resolution No. 2007-43 (Amending Resolution No. 2007-03 Section 2.0007 (9/10/07)
(B)(C)(D))
Resolution No. 2008-42 (Rescinding Resolution No. 2007-43 and Amending (9/8/08)
Resolution No. 2007-03 Section 2.0007 (B)(C)(D))
Resolution No. 2009-48 (Rescinding Resolution No. 2008-42 and Amending (9/28/09)
Resolution No. 2007-03 Section 2.0007(B)(C)(D))
Resolution No. 2010-44 (Rescinding Resolution No. 2009-48 and Amending (9/13/10)
Resolution No. 2007-03 Section 2.0007(B)(C)(D))
Resolution No. 2011-52 (Replacing and Consolidating Resolution Nos. 2007-03 and (8/8/11)
2010-44)
Resolution No. 2011-60 (Amending Resolution No. 2011-52 Section (9/26/11)

2.0007(B)(C)(D))
Resolution No. 2012-02 (Amending Resolution No. 2011-52 Sections 6.0003(G), (1/9/12)

7.0003(B), 7.0005(C), 7.0006(A) and (C)) (to correct inconsistencies) Resolution No. 2012-58 (Amending Resolution No. 2011-60 Section (9/10/12)

2.0007(B)(C)(D))
Resolution No. 2013-50 (Amending Resolution No. 2011-52 Section (9/16/13)
Mobilehome Park Administrative Rules. Resolution No. 2024-56 09/23/2024 City Council Agenda 200

2.0007(B)(C)(D))
Resolution No. 2014-55 (Rescinding Resolution No.
2013-50 and Amending (9/8/14)
Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2015-52 (Rescinding Resolution No.
2014-55 and Amending (9/14/15)
Resolution No. 2011-52 Section 2.0007 (B)(C)(D))
Resolution No. 2016-44 (Amending Resolution No. 2011-52, Adding Section 5.0010; (9/12/16)
renumbering Section 5.0010 as 5.0011, and amending
Sections 6.0004(E)(1) and

6.0004(G) (Effective 10/26/16)
Resolution No. 2016-45 (Rescinding Resolution No.
2015-52 and Amending (9/26/16)
Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2017-41 (Rescinding Resolution No.
2016-45 and Amending (9/11/2017)
Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2017-48 (Amending Resolution No. 2011-52 Sections 3.0001(b)(3), (11/13/2017)

4.0006(g), 6.0002(b), and 6.0004(b)(10)
Resolution No. 2018-43 (Rescinding Resolution No.
2017-41 and Amending (9/10/2018)
Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2019-04 (Amending Resolution No. 2011-52, Sections 3.0001, (3/11/2019)

3.0002, and 4.0003(H)(4)
Resolution No. 2019-34 (Rescinding Resolution No.
2018-43 and Amending (8/26/2019)
Resolution No. 2011-52 Section 2.0007(B)(C)(D))
Resolution No. 2020-10 (Amending Resolution No. 2011-52, Sections 1.0008, (5/13/2020)

3.0001, 4.0002, 4.0006 and 7.0004)
Resolution No. 2020-17 (Amending Resolution No. 2011-52 Section 3.0001) (4/13/2020) Resolution No. 2020-56 (Amending Resolution No. 2011-52 Section (9/14/2020)

2.0007(B)(C)(D))
Resolution No. 2020-67 (Amending Resolution No. 2011-52, Sections 2.0005(B)(5) and 3.0001)
Resolution No. 2021-52 (Amending Resolution No. 2011-52 Section

2.0007(B)(C)(D))
Resolution No. 2022-43 (Amending Resolution No. 2011-52, Sections 2.0001,

2.0003, 2.0004, 2.0005 and 3.0001.

Resolution No. 2023-36 (Replacing and Consolidating Resolution Nos. 2011-52, 2011-90, 2012-02, 2012-58, 2013-50, 2016-44, 2017-48, 2019-04, 2019-34, 2020-10, 2020-17, 2020-56, 2020-67, 2021-52 and 2022-43)
Resolution No. 2023-47 (Rescinding Resolution No. 2023-36, Establishing the Administrative Rules and 2024 Annual Registration Fee)
Resolution No. 2024-56 (Rescinding Resolution No. 2023-47, Establishing the Administrative Rules and 2025 Annual Registration Fee)
(11 /9/2020)
(9/13/2021)
(10/12/2022)
(7/24/2023)
(09/25/23)
(09/09/24)
Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda 201

TABLE OF CONTENTS
CHAPTER 1. HEARING PROCESS......................................................................................................1

1.0001.

HEARING OFFICER MEETINGS...........................................................................................1

1.0002.

ADJOURNED MEETINGS........................................................................................................1

1.0003.

MEETINGS TO BE PUBLIC.....................................................................................................1

1.0004.

MEETING AGENDA..................................................................................................................1

1.0005.

ADDRESSING THE HEARING OFFICER.............................................................................3

1.0006.

RULES OF DECORUM............................................................................................................. 3 1.0007.

PUBLIC HEARINGS..................................................................................................................4

1.0008.

APPEAL TO HEARING OFFICER......................................................................................... 7 1.0009.

INTERPRETATION AND MODIFICATION OF ADMINISTRATIVE RULES ............... 8 CHAPTER2. REGISTRATION............................................................................................................. 8 2.0001.

PURPOSE.....................................................................................................................................8

2.0002.

SWORN AFFIDAVIT OR DECLARATION...........................................................................8

2.0003.

LEASED SPACES....................................................................................................................... 8 2.0004.

SUBMISSION OF COMPLETE INFORMATION REQUIRED...........................................9

2.0005.

TIMES WHEN REGISTRATION IS REQUIRED; REGISTRATION CONTENTS ......... 9 2.0006.

DELINQUENT REGISTRATION..........................................................................................10

2.0007.

REGISTRATION FEES...........................................................................................................10

2.0008.

DELINQUENT REGISTRATION FEES...............................................................................10 CHAPTER 3. ANNUAL ADJUSTMENT BASED ON THE CPI......................................................11

3.0001.

ANNUAL ADJUSTMENT BASED ON THE CPI.................................................................11

3.0002.

CONSUMER PRICE INDEX (CPI)........................................................................................14 CHAPTER 4. RENT INCREASES BY APPLICATION TO THE HEARING OFFICER.............15

4.0001.

FAIR RETURN..........................................................................................................................15

4.0002.

RENT ADJUSTMENT FORMS AND DETERMINATION OF COMPLETENESS ........15

4.0003.

MAINTENANCE OF NET OPERATING INCOME (MNOI) APPLICATION ................19

4.0004.

ADJUSTMENT TO 1987 NOI.................................................................................................26

4.0005.

FAIR RETURN PROVISION..................................................................................................27

4.0006.

SPECIAL RENT ADJUSTMENT BASED ON VOLUNTARY MEET AND CONFER ANDCONFIDENTIAL BALLOT..............................................................................................................28

4.0007

ALLOWABLE RENT ADJUSTMENTS AND APPLICATIONS FOLLOWING MNOI ADJUSTMENTS 33
CHAPTER 5. ADJUSTMENTS BASED ON CAPITAL IMPROVEMENTS..................................33 Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda 202

5.0001.

DEFINITIONS...........................................................................................................................34

5.0002.

APPLICATION FEES..............................................................................................................34

5.0003.

CALCULATION OF ALLOWABLE INCREASES..............................................................34

5.0004.

AMORTIZATION..................................................................................................................... 35 5.0005.

COST OF THE CAPITAL IMPROVEMENT....................................................................... 36 5.0006.

IMPROVEMENTS NECESSARY FOR HEALTH AND SAFETY.....................................36

5.0007.

EMERGENCY CAPITAL IMPROVEMENTS.....................................................................37

5.0008.

SPECIAL RENT ADJUSTMENT APPLICATION..............................................................40

5.0009.

IMPROVEMENTS UNNECESSARILY DEFERRED..........................................................42

5.0010.

CERTIFICATION OF CAPITAL IMPROVEMENTS.........................................................42

5.0011.

APPLICABILITY OF THESE ADMINISTRATIVE RULES. (Renumbered 5.0010 as

5.0011)
43 CHAPTER 6. TEMPORARY RENT ADJUSTMENT FOR SPECIAL RENT ADJUSTMENT APPLICATION AND HEARING COSTS INCURRED BEFORE THE HEARING OFFICER ......... 43 6.0001.

SCOPE........................................................................................................................................43

6.0002.

ELIGIBILITY AND BURDEN OF PROOF...........................................................................43

6.0003.

DEFINITIONS...........................................................................................................................44

6.0004.

PROCEDURES..........................................................................................................................45 CHAPTER 7. RENT ADJUSTMENT BASED ON DISCONTINUANCE OR REDUCTION OF

ASERVICE
OR AMENITY........................................................................................................................47

7.0001.

PURPOSE AND SCOPE...........................................................................................................47

7.0002.

BURDEN OF PROOF...............................................................................................................48

7.0003.

DEFINITIONS...........................................................................................................................49

7.0004.

GENERAL APPLICATION REQUIREMENTS...................................................................49

7.0005.

PARK RESIDENT APPLICATION FOR RENT DECREASE ........................................... 50 7.0006.

PARK OWNER APPLICATION FOR A RENT DECREASE ............................................ 53 7.0007.

RENT ADMINISTRATOR REVIEW.....................................................................................56

7.0008.

PROCEEDINGS........................................................................................................................57

7.0009.

CHAPTER 7 — SCHEDULE A - DE MINIMIS CONDITIONS ........................................... 57 Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda 203

CHAPTER 1. HEARING PROCESS

1.0001. HEARING OFFICER MEETINGS
Hearing Officer meetings may be called at any time by the Rent Administrator ("RA"), or the Hearing Officer appointed by the City, to hear applications for special rent adjustments, rent reductions based on reduction or elimination of services or amenities, or appeal of the RA decision on the merits of a capital improvement rent adjustment or emergency capital improvement rent adjustment.

1.0002. ADJOURNED MEETINGS
The Hearing Officer may adjourn any meeting to a date, time and place specified in the order of adj ournment.

If Hearing Officer is absent from any special meeting, the RA may declare the meeting adjourned to a stated time and place, and he/she shall cause a written notice of the adjournment to be given in the same manner as provided for special meetings.

A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within twenty-four (24) hours after the time of the adjournment.

1.0003. MEETINGS TO BE PUBLIC
All meetings of the hearing officer shall be open to the public.

1.0004. MEETING AGENDA
The agenda shall be prepared in accordance with the following rules:

A. As used in these Rules, the term "agenda' means all staff reports, communications, resolutions, contract documents, proposals, expert reports, applications, oppositions, appeals, and other documents or matters to be submitted to the hearing officer at a meeting. Except as otherwise provided in Subsection (B) and (C), below, or Section 1.0007 of these Administrative Rules, concerning public hearing items, all agendas shall be delivered to the RA not later than 12:00 noon on the day which is fourteen (14) days preceding a Special meeting (excluding the day of the meeting).

Except as otherwise provided in Subsections (B) and (C), below, concerning public hearing items, the Agenda shall be delivered to the Hearing Officer on the sixth (6th) calendar day preceding the meeting to which it pertains (excluding the day of the meeting), and shall be made available to the public after submission to the Hearing Officer.

B. All applications for any capital improvement adjustments (pursuant to YMC Section 15.20.085), any rent adjustment based on discontinuance or reduction in a service or amenity (YMC Section 15.20.090), or any MNOI, readjustment to base year NOI, and/or fair return rent adjustment (YMC Section 15.20.100), shall be submitted to the RA in accordance with requirements of Chapter 15.20 of the Yucaipa Municipal Code (YMC) — Rent Stabilization Program and these Administrative Rules.

Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda

Page 1 ends

Yucaipa City CouncilSeptember 23, 2024

Yucaipa City Council
September 23, 2024