Justin Beaver, Mayor
Chris Venable, Mayor Pro Tem
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
Chris Mann, City Manager
Steven Graham, City Attorney
Ana V. Sauseda, City Clerk
AGENDA
City Council
Successor Agency • Housing Authority
November 13, 2024
City Hall - City Council Chambers
34272 Yucaipa Blvd., Yucaipa, California
The City Council serves as the Board for the Yucaipa Successor Agency and Commission for the Yucaipa Housing Authority.
Public Comment will be called at the time and place noted on the Agenda below for the general public to address the City Council, Successor Agency and Housing Authority. Please complete a speaker's form and return it to the City Clerk prior to the beginning of the meeting. Public Comment will be conducted in accordance with the Rules of Procedure adopted pursuant to Resolution No. 2023-07. There is a three -minute time limit for speaking and time may not be ceded to another speaker.
Public Comment Via Mail or Email
Items must be submitted no later than three (3) business hours prior to the meeting at which the commenter seeks to provide comment. Public comment may be submitted via U.S. Mail to the City Clerk at 34272 Yucaipa Blvd., Yucaipa, CA 92399 or via email to [email protected]. All mail and email correspondence will be archived, distributed to City Council, and retained as part of the public record; however, submissions will not be read out loud during the meeting. The subject line should specify "Public Comment" and include the date of the meeting.
Written public comment submitted on non -agenda items and on specific agenda items will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City's website at https://yucaipa.gov/agendas-minutes/ . Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.
Live stream/recording of City Council meetings:
Members of the public may watch city council meetings live at: https://yucaipa.gov/live .
Possible Live Stream Disruptions:
While the City of Yucaipa strives for uninterrupted streaming, technical issues may occasionally occur. We ask for your understanding and patience should there be any disruptions during the live 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 — 5:30 PM
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Yucaipa Preservation Society v. City of Yucaipa, et al. San Bernardino Superior Court Case No. CIVSB2430625
OPEN SESSION — 6:00 PM
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
CHANGES TO THE AGENDA
SPECIAL PRESENTATION
YAPS Dog of the Month
PUBLIC COMMENT LIMIT 3 MINUTES
CITY COUNCIL CONFLICT OF INTEREST DISCLOSURE
In compliance with the Political Reform Act, Levine Act, and under Common Law, this agenda item provides an opportunity for 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.
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 OCTOBER 28, 2024
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of October 28, 2024.
2. SUBJECT: SECOND READING OF ORDINANCE NO. 452
RECOMMENDATION: That the City Council approve the second reading of Ordinance No. 452, an Ordinance of the City Council of the City of Yucaipa, California, amending various provisions of the Yucaipa Municipal Code.
3. SUBJECT: SECOND READING OF ORDINANCE NO. 449
RECOMMENDATION: That the City Council approve the second reading of Ordinance No. 449, an Ordinance of the City Council of the City of Yucaipa, California, amending the Official Land Use Plan and Zoning Ordinance of the City of Yucaipa.
4. 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.
5. 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.
6. SUBJECT: ACCEPTANCE OF CONTRACT WORK — FISCAL YEAR 2024/2025 CONCRETE PROGRAM — PROJECT NO. 11214
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by Three Peaks Corp. in the amount of $188,416 for the 2024-2025 Concrete Program — Project No. 11214; and
2. Authorize a transfer of Article 3 TDA Funding in the amount of $13,200 to the Pavement Management Program (PMP) Fund; and
3. Authorize the recordation of the Notice of Completion for the Program; and
4. Accept the as -built plans for the Program.
7. SUBJECT: FAIR SHARE AGREEMENT AND MEMORANDUM OF
UNDERSTANDING WITH THE CITY OF CALIMESA
RECOMMENDATION: That the City Council:
1. Approve the Fair Share Agreement and Memorandum of Understanding for the County Line Road/Interstate 10 Freeway Interchange Interim Traffic Signal Project between the City of Yucaipa and the City of Calimesa; and
2. Authorize the City Manager to execute the Agreement on behalf of the City of Yucaipa.
8. SUBJECT: SPECIAL EVENT PERMIT APPLICATION — ROTARY CLUB OF YUCAIPA 69TH ANNUAL CHRISTMAS PARADE
RECOMMENDATION: That the City Council:
1. Approve the Special Event Permit Application submitted by the Rotary Club of Yucaipa to conduct the 69th Annual Yucaipa Christmas Parade, on Saturday, December 14, 2024; and
2. Approve the street closures identified in the agenda report.
9. SUBJECT: FISCAL YEAR 2024-2025 COMMUNITY SERVICES PROCUREMENT RECOMMENDATION: That the City Council:
1. Authorize the execution of a contract with Diamond Environmental Services for the procurement of portable restrooms, wash stations, and fencing for festivals and events; and
2. Dispense with competitive bid procedures as per Section 2.24.060.A of the City of Yucaipa Municipal Code.
DISCUSSION ITEMS
10. SUBJECT: YUCAIPA BRANCH LIBRARY PROJECT UPDATE AND APPROVAL
OF THE LIBRARY PROJECT AND USE AGREEMENT
RECOMMENDATION: That the City Council:
1. Receive an update on the Yucaipa Library Project and its funding; and
2. Approve the Library Project and Use Agreement Between City of Yucaipa, Yucaipa- Calimesa Joint Unified School District, and San Bernardino County.
11. SUBJECT: REORGANIZATION OF CODE ENFORCEMENT DIVISION RECOMMENDATION: That the City Council receive the update of the transfer of operations and oversight of the Code Enforcement Division from the Development Services Department to the Public Safety Division.
12. SUBJECT: FISCAL YEAR 2023-24 PRELIMINARY BUDGET REVIEW RECOMMENDATION: That the City Council:
1. Receive the preliminary Fiscal Year 2023-24 (FY24) General Fund and Fire Fund budget review; and
2. Amend the FY24 Annual Budget by the amounts indicated in Attachment 1.
13. SUBJECT: MEASURE S UPDATE
RECOMMENDATION: That the City Council receive an update on the budgetary impacts of the preliminary results of the Measure S vote.
14. SUBJECT: NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION WRAP-UP RECOMMENDATION: That the City Council receive an update from the City Clerk regarding the General Municipal Election held in the City of Yucaipa on Tuesday, November 5, 2024.
COUNCILMEMBER REPORTS
ANNOUNCEMENTS
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.
NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, if you would like to challenge the decision of the City Council on an item appearing on this Agenda, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this Agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
AFFIDAVIT OF POSTING
State of California
County of San Bernardino
City of Yucaipa
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby declare that the foregoing agenda was posted on 11/08/2024, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, California City of Yucaipa website www.yucaipa.gov
Ana V. Sauseda, MMC
City Clerk
Agenda Item No. 1
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 41/3 FOR: City Council Meeting of November 13, 2024
SUBJECT: Approve the City Council/Successor Agency/Housing Authority Minutes of October 28, 2024
RECOMMENDATION:
That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of October 28, 2024.
Attachments:
1. Regular Meeting Minutes — 10/28/2024
Approved by:
ATTACHMENT 1
City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of October 28, 2024
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
CLOSED SESSION — 5:00 PM
CALL TO ORDER
Mayor Pro Tem Venable called the Closed Session meeting to order at 5:02 p.m.
CITY COUNCIL ROLL CALL
PRESENT: Chris Venable, Mayor Pro Tem
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
ABSENT: Justin Beaver, Mayor
PUBLIC COMMENT
There were no comments.
CLOSED SESSION — 5:00 PM
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant Exposure Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 Number of Cases (1)
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Yucaipa Preservation Society v. City of Yucaipa, et al. San Bernardino Superior Court Case No. CIVSB2430625
The City Council entered closed session at 5:02 p.m.
City Council Minutes Page 1 of 9
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 Tem
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 stated that the City Council gave settlement direction by consensus on Item A. The City Council gave settlement direction by a vote of 4-1 (Councilmember Duncan voted no) on Item B.
CHANGES TO THE AGENDA
City Manager Chris Mann stated there were no changes to the agenda.
SPECIAL PRESENTATIONS
Employee Recognition of Mark Fulton was presented by Deputy Director of Finance, Ryan Blackerby.
Employee Recognition Deputy Castaneda was presented by Captain Walker.
Employee Recognitions Fire Department was presented by Captain Walker and Chief Malinowski.
Acceptance of Awards for the Wine Country Specific Plan was presented by Deputy Director of Community Development / City Planner, Ben Matlock.
City Council Minutes Page 2 of 9
PUBLIC SAFETY UPDATE
• Police - Captain Walker presented the statistics for August & September, 2024. • Fire - Chief Malinowski presented the statistics for August & September, 2024. • Code Enforcement - Fermin Preciado, Director of Development Services/City Engineer, presented the statistics for August & September, 2024.
PUBLIC COMMENT
The following members of the public spoke:
• Richard Frost
• Richard Hernandez
• Hansen Wang
• Kathy Sellers
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.
1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF SEPTEMBER 23, 2024
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of September 23, 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: MONTHLY REPORT ON YUCAIPA APP USAGE — SEPTEMBER, 2024 RECOMMENDATION: That the City Council receive and file a report of the user activity on the Yucaipa App for the month of September, 2024.
City Council Minutes Page 3 of 9
5. SUBJECT: MONTHLY TREASURER'S REPORT SEPTEMBER 2024
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for September 2024.
6. SUBJECT: AWARD OF CONTRACT — 7TH STREET PARK BASKETBALL COURT RESURFACING - PROJECT NO. 11223
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, Trueline Construction & Surfacing of Riverside, CA in the amount $59,685 for the 7th Street Park Basketball Court Resurfacing - Project No. 11223 (Project); and
2. Approve the amount of $6,000 for construction contract contingency and the amount of $3,000 for construction contract administration, staff time, permitting and inspection costs for a total construction budget in the amount of $68,685; 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.
7. SUBJECT: CONTRACT AMENDMENT NO. 1 TO THE CONTRACT WITH
ANIMAL PEST MANAGEMENT FOR THE GOPHER AND RODENT CONTROL PROGRAM AND CONTRACT AMENDMENT NO. 2 TO THE CONTRACT WITH
ANIMAL PEST MANAGEMENT FOR THE CITY'S PEST MANAGEMENT
PROGRAM
RECOMMENDATION: That the City Council:
1. Authorize the City Manager to execute Amendment No. 1 to the contract with Animal Pest Management, Inc. in the not -to -exceed amount of $3,260 for a revised annual contract total of $58,372 for the City's Gopher and Rodent Control Program; and
2. Authorize the City Manager to execute Amendment No. 2 to the contract with Animal Pest Management, Inc. in the not -to -exceed amount of $1,440 for a revised annual contract total of $8,493 for the City's Pest Management Program.
8. SUBJECT: ACCEPTANCE OF CONTRACT WORK - NEW CITY YARD FENCING PROJECT — PROJECT NO. 11208
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by AB Fence in the amount of $241,921 for the New City Yard Fencing Project — Project No. 11208; and
City Council Minutes Page 4 of 9
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Accept the as -built plans for the Project.
9. SUBJECT: CAL FIRE WILDLAND PROTECTION AGREEMENT FOR FY 24/25 RECOMMENDATION: That the City Council:
1. Approve a Wildland Protection Agreement between the City of Yucaipa and CAL FIRE; and
2. Authorize the City Manager to execute the agreement and act as the representative for the City of Yucaipa.
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 5-0, TO APPROVE CONSENT AGENDA ITEMS NO. 1 THROUGH 9.
DISCUSSION ITEM
10. SUBJECT: YOUTH ADVISORY COMMITTEE APPOINTMENTS
RECOMMENDATION: That the City Council:
1. Review the attached Applications for the At -Large Memberships to the Youth Advisory Committee (YAC); and
2. Vote on the appointments of the nominated applicants.
DISCUSSION: Superintendent Martinez presented the Agenda Report.
After Council discussion the following motion was made:
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY MAYOR BEAVER, CARRIED 5-0, TO APPROVE ITEM NO. 10.
PUBLIC HEARINGS
11. SUBJECT: STARLING HEIGHTS SPECIFIC PLAN (24-071/APP)
AN APPEAL OF THE PLANNING COMMISSION'S RECOMMENDATION OF DENIAL OF CASE NO. 22-129/GPA/SP/TTM 20372, FOR THE STARLING HEIGHTS
SPECIFIC PLAN WHICH PROVIDES THE DEVELOPMENT STANDARDS FOR A
14.78-ACRE SITE FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND INCLUDES TENTATIVE TRACT MAP (TTM) 20372 TO FORMALLY CREATE A 127-
UNIT RESIDENTIAL SUBDIVISION AND ASSOCIATED COMMUNITY FEATURES
INCLUDING A RECREATION CENTER, ACTIVE PARK, DOG PARK, ENTRY City Council Minutes Page 5 of 9
MONUMENTS, AND DETENTION BASINS BASED ON THE SPECIFIC PLAN. A
MINOR GENERAL PLAN AMENDMENT IS ALSO PROPOSED TO CHANGE THE
LAND USE DESIGNATION OF THE SITE SHOWN ON GENERAL PLAN FIGURE CDL-2, LAND USE MAP, FROM RS-20M (SINGLE -RESIDENTIAL, 20,000 SQUARE
FOOT MINIMUM) TO PD (PLANNED DEVELOPMENT), AND A MODIFICATION TO GENERAL PLAN FIGURE, CDL-3, LAND USE MODIFICATIONS, TO ADD THE STARLING HEIGHTS SPECIFIC PLAN.
RECOMMENDATION: That the City Council conduct a public hearing and consider the appeal request regarding the Planning Commission's recommendation of denial of the Starling Heights Specific Plan (SHSP) and the Mitigated Negative Declaration, as well as the associated Tract Map (TTM 20372).
Potential motions (referenced in italics) include:
Motion in support of the SHSP:
1. Adopt Resolution No. 2024-33, approving the Specific Plan for the proposed Starling Heights Specific Plan and the associated minor General Plan Amendment / Land Use District Change of a property from RS-20M Single Residential, 20,000 square foot minimum lot size) to the land use designation of PD (Planned Development); and
2. Approve first reading, by the title only, as read by staff, of Ordinance No. 449, amending Ordinance No. 343, amending the Official Land Use Plan and Zoning Ordinance as adopted by the City of Yucaipa; and
3. Approve the Tentative Tract Map No. 20372 (Case No. 22-129/TTM 20372), subject to the Conditions of Approval as contained in this Agenda Report; and
4. Adopt the Findings as contained in this Agenda Report; and
5. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, finding the mitigation measures and standard measures and procedures will reduce the potential level of environmental impact to less than significant; and
6. Direct staff to file a Notice of Determination; and
7. Review, and if it is considered acceptable, approve the architectural design and conceptual landscaping for the proposed Project.
Motion against the SHSP:
1. Adopt a Resolution denying the approval of the Starling Heights Specific Plan; and
2. Adopt Findings for denial, with respect to Section 83.020310 of the Yucaipa Development Code; and
City Council Minutes Page 6 of 9
3. Deny Tentative Tract Map 20372 (Case No. 22-129), finding that it is inconsistent with the land use designations of the existing Land Use District; 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.
Alternative Actions:
The City Council can make additional modifications to the SHSP 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 be made based on the deliberations of the item.
• Public Hearing Opened
Mayor Beaver opened the Public Hearing for Item No. 11 at 7:03 p.m. • Staff Presentation
Associate Planner Farmer presented the Agenda Report.
• Applicant Presentation
Presentation by Mr. Craig Heaps.
• Public Comments
The following members of the public spoke:
➢ Phil & Cathryn
➢ Hansen Wang
➢ Teresa Drummond
➢ Edward Timmons
➢ Jack Swanson
➢ Jillian Simpson
➢ Martha Perez
➢ Lee Kaberlein
• Applicant Rebuttal
There was a brief rebuttal presented by Mr. Craig Heaps.
Public Hearing Closed
Mayor Beaver closed the Public Hearing at 7:53 p.m.
City Council Minutes Page 7 of 9
After Council discussion the following motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-1, (MAYOR BEAVER VOTED NO) TO APPROVE STAFF'S RECOMMENDATION.
DISCUSSION ITEMS
12. SUBJECT: 2024 AUTUMNFEST WRAP-UP
RECOMMENDATION: That the City Council receive and file the 2024 Autumnfest Wrap-up Report.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
After Council discussion the following motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 5-0, TO RECEIVE AND FILE THE 2024 AUTUMNFEST WRAP-UP REPORT.
13. SUBJECT: YUCAIPA MUNICIPAL CODE UPDATE
RECOMMENDATION: That the City Council approve the introduction and first reading of Ordinance No. 452, an Ordinance of the City Council of the City of Yucaipa, California, amending various provisions of the Yucaipa Municipal Code and order the City Clerk to place the Ordinance on the consent calendar for the next regular meeting of the City Council for second reading and adoption.
DISCUSSION: City Attorney Graham presented the Agenda Report.
Mayor Pro Tem Venable left the dais at 8:54 p.m. and returned at 8:56 p.m.
Councilmember Garner left the dais at 8:58 p.m. and returned at 9:00 p.m.
After Council discussion the following motions were made:
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER THORP, FAILED 2-3, (COUNCILMEMBERS DUNCAN, GARNER, AND MAYOR BEAVER VOTED NO) TO TABLE ITEM 13.
ACTION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBER DUNCAN, CARRIED 3-2, (COUNCILMEMBER THORP AND MAYOR PRO TEM
VENABLE VOTED NO) TO APPROVE THE INTRODUCTION AND FIRST READING OF ORDINANCE NO. 452, AS AMENDED.
City Council Minutes Page 8 of 9
COUNCILMEMBER REPORTS
Mayor Beaver attended the City Hall Tour hosted at City Hall. He encouraged residents to vote and attend the City's Drive-thru Mail Ballott Drop-off event on November 4th & 5th.
Councilmember Thorp clarified that the Mayor and Mayor Pro Tem are selected on an annual basis by the City Council and are not voted on by the residents of Yucaipa.
ANNOUNCEMENTS
The next regularly scheduled meeting will be November 13, 2024 at 6:00 p.m.
ADJOURNMENT
The meeting adjourned at 9:26 p.m.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
City Council Minutes Page 9 of 9
Agenda Item No. 2
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 41/5' FOR: City Council Meeting of November 13, 2024
SUBJECT: Second Reading of Ordinance No. 452
RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 452, an Ordinance of the City Council of the City of Yucaipa, California, amending various provisions of the Yucaipa Municipal Code.
Attachment:
1. Ordinance No. 452
Approved by: _ _
ATTACHMENT 1
ORDINANCE NO. 452
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, AMENDING VARIOUS PROVISIONS OF THE YUCAIPA
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Municipal Code Update
A. Code Adoption: Section 1.01.010 of the Yucaipa Municipal Code shall be amended to read as follows:
"There is hereby adopted the Yucaipa Municipal Code, as compiled, edited and published by the City Clerk of the City of Yucaipa or their designee." B. Definitions: Section 1.04.010 Definitions is hereby amended to strike and remove the word "Shall" and its definition from the section. The definition is duplicative as the word is defined elsewhere in the section.
C. Appeals: Section 1.04.130 shall be amended to read as follows:
1.04.130 APPEALS
(a) Appeal Procedure When Not Specified.
Any person excepting to the denial, suspension or revocation of a permit or license applied for or held by them pursuant to this Code or any City ordinance, or to any administrative decision made by any official of the City pursuant to this Code or any City ordinance may appeal to the City Manager or City Council, as the case may be, when the right to appeal is specifically so provided in this Code or City ordinance by reference to this section, by filing a written notice of appeal with the City Clerk, setting forth the specific grounds thereof. (b) City Council; City Manager.
Actions taken by any City official, officer, or employee under the supervision and control of the City Manager shall be appealed to the City Manager. All other appeals shall be made to the City Council.
(c) Time Period for Appeal When Not Specified.
Notice of such appeal shall be filed with the City Clerk by the close of business on the 10`" calendar day following such action.
(d) Notice and Hearing.
The City Clerk shall forthwith set a date for hearing before either the City Council or City Manager, as the case may be, and shall give the appellant at least five calendar days notice of the time and place of said hearing.
(e) Final Decision.
At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted should not be approved. The City Manager or City Council, as the case may be, may continue the hearing from time to time. The findings on the appeal shall be final and conclusive in the matter.
(f)
Judicial Review of Administrative Decision.
Any interested person seeking judicial review pursuant to Code of Civil Procedure (CCP) Section 1094.5 of any final decision, as defined in CCP Section 1094.6(e), of the City Council, City Manager, or any boards, commissions, officers, agents or employees of the City empowered to make such decisions may do so only if the petition for writ of mandate pursuant to CCP Section 1094.5 is filed within the time limits specified in CCP Section 1094.6.
D. Code Enforcement: Chapter 1.12 of the Yucaipa Municipal Code is hereby amended to read as follows:
Divisions:
Division 1
Division 2
Division 3
Division 4
Division 5
Division 6
Division 7
Division 8
Division 9
Division 10
Division 11
Division 12
Division 13
Division 14
Division 15
Division 16
Division 17
CHAPTER 1.12 — ENFORCEMENT OF CODE
Definitions
Code Enforcement Authority and Powers
Notice
Judicial Remedies
Administrative Remedies
Issuance and Recordation of Notices of Violation
Administrative Civil Penalties
Administrative Citations
Summary Abatement
Administrative Abatement
Administrative Enforcement Appeals
Administrative Enforcement Hearing Procedures
Recovery of Civil Penalties, Administrative Costs and Abatement Costs Attorneys' Fees and Costs
Code Compliance Cost Recovery
Reserved.
Private Nuisance Abatement
DIVISION 1
DEFINITIONS
Sections:
1.12.100 DEFINITIONS.
1.12.100 DEFINITIONS.
As used in this Code, the following shall have the following meanings. "Abatement" means any action the city may take on public or private property and any adjacent property as may be necessary to remove or alleviate a nuisance, including but not limited to demolition, removal, repair, boarding and securing or replacement of property. "Administrative enforcement order" means an order issued by an enforcement hearing officer after a hearing requiring a responsible person to correct violations, abate a public nuisance, pay civil penalties and administrative costs or take any other action as authorized or required by this code and applicable state codes. The enforcement order may also include an order authorizing the city to abate a public nuisance or assess a nuisance abatement lien. "Abatement notice" means a notice issued by an enforcement officer which requires a responsible person to abate a public nuisance.
"Code enforcement performance bond" means a bond posted by a responsible person to ensure compliance with the Yucaipa Municipal Code, applicable state codes, a judicial decree or administrative enforcement order.
"Enforcement hearing officer" means any person appointed by the city manager to preside over administrative enforcement hearings.
"Enforcement official" means any person authorized to enforce violations of the Yucaipa Municipal Code or applicable state codes.
"Financial institution" means any person that holds a recorded mortgage or deed of trust on a property.
"Imminent life safety hazard" means any condition which creates a present and immediate danger to life, property, health or public safety.
"Legal interest" means any interest that is represented by a document such as a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument which is recorded with the county recorder.
"Notice and order" means a document used in abatement and civil penalties actions which provides notice of Yucaipa Municipal Code or applicable state code violations and orders a responsible person to take certain steps to correct the violations.
"Notice of compliance" means a document sent by an enforcement official representing that a property complies with the requirements listed in a notice of violation and that the responsible person or property owner has paid all fines, penalties and administrative costs of enforcement. "Notice of violation" means a written notice prepared by an enforcement official which informs a responsible person of code violations, requires compliance and contains specific information as required by the Yucaipa Municipal Code.
"Nuisance abatement lien" means a lien recorded to collect outstanding civil penalties and administrative costs imposed as part of a cost recovery, administrative or judicial code enforcement action.
"Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business trust, organization or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties. "Property owner" means the record owner of real property based on the County Assessor's records.
"Public nuisance" means the maintenance or use of property in the city in a manner that jeopardizes or endangers the health, safety or welfare of persons on the premises or in the surrounding area; or real property that has been the situs for nuisance activity including, but not limited to: disturbing the peace, illegal drug activity, public drunkenness, drinking alcoholic beverages in public, harassment of passers by, illegal gambling, prostitution, sale of stolen goods, acts of violence, public urination or defecation, acts of vandalism, acts of lewd conduct, unreasonable loud noise, loitering or excessive littering; or the maintenance or use of property in the city in a manner that violates, or real property that has been the situs of a violation of, any provision of this code or any other city, state or federal law or regulation. "Responsible person" means a person who an enforcement official determines is responsible for causing or maintaining a public nuisance or a violation of the Yucaipa Municipal Code or applicable state codes. The term "responsible person" includes but is not limited to a property owner, tenant, person with a legal interest in real property or person in possession of real property. "Written" includes printed, typewritten, mimeographed, multigraphed, photocopied, facsimile and any other item of writing as listed in California Evidence Code Section 250.
Sections:
1.12.200
1.12.210
1.12.220
Division 2
CODE ENFORCEMENT AUTHORITY AND POWERS
DECLARATION OF PURPOSE.
GENERAL ENFORCEMENT AUTHORITY.
AUTHORITY TO ISSUE NOTICE TO APPEAR AND RELEASE
CITATIONS.
1.12.230 NOTICE OF VIOLATION.
1.12.240 AUTHORITY TO INSPECT.
1.12.250 POWER TO ARREST.
1.12.260 VIOLATION OF CODE.
1.12.270 SUBPOENAS.
1.12.200 DECLARATION OF PURPOSE.
The city council finds that the enforcement of the municipal code and applicable state codes throughout the city is an important public service. Code enforcement is vital to protection of the public's health, safety and quality of life. The council recognizes that enforcement depends upon clear and precise regulations that can be effectively applied in administrative enforcement hearings and judicial proceedings. The council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain code compliance.
Judicial remedies are traditional remedies to enforce laws by filing criminal and civil actions in a court of law. Administrative remedies are designed to provide fair and efficient methods of enforcing the provisions of the municipal code without the required expense and consumption of time that judicial actions may require. Failure to comply with an administrative code enforcement action may require the city attorney to file a judicial action to compel compliance.
1.12.210 GENERAL ENFORCEMENT AUTHORITY.
All city enforcement officials designated in Yucaipa Municipal Code Section 1.12.220 shall have the authority and powers necessary to gain compliance with the all provisions of the Yucaipa Municipal Code and applicable state codes for which they are responsible. These powers include the power to issue notices of violation and field citations, inspect public and private property and use whatever judicial and administrative remedies are available under the municipal code or applicable state codes.
1.12.220 AUTHORITY TO ISSUE NOTICE TO APPEAR AND RELEASE CITATIONS.
(a) Pursuant to the provisions of Section 836.5 of the Penal Code of the State of California, certain officers and employees of the City of Yucaipa are authorized to issue written notice to appear and release citations for misdemeanors or infraction violations of city ordinances, and applicable state codes, which such officers or employees have the duty to enforce. (b) The following officers and employees of the City of Yucaipa are hereby designated and authorized to issue said citations:
(1) Finance Department:
(A)Finance Director and their designee(s).
(2) Fire Department:
(A) Fire chief and their designee(s).
(B) Deputy Fire Marshal
(C) All sworn personnel.
(3) Development Services Department:
(A) Director of Development Services, and their designee(s). (B) Deputy Director of Community Development/City Planner, and their designees(s). (C) Senior code enforcement officers and code enforcement officers. (D) Public Works Director, and their designee(s).
(E) Public works/park rangers.
(F) Building inspectors (including supervising building inspectors, senior building inspectors, and building inspectors).
(G)Building officials (including chief, senior, and deputy building officials). (H) Planners (including assistant and associate planners). (4) Police Department:
(A) Police chief and their designee(s).
(B) All sworn personnel.
(5) Public Safety Manager, and their designee(s).
1.12.230 NOTICE OF VIOLATION.
Division 6 provides the procedure for issuance and recordation of notices of violation where other sections of this code or applicable state codes do not provide an alternative procedure.
1.12.240 AUTHORITY TO INSPECT.
City enforcement officials are authorized to enter upon any property or premises to ascertain whether the provisions of the Yucaipa Municipal Code or applicable state codes are being obeyed, and to make any examinations, inspections and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples or other
physical evidence. All inspections, entries, examinations and surveys shall be conducted in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement official may seek an administrative inspection warrant pursuant to the applicable procedures provided for in the California Code of Civil Procedure.
1.12.250 POWER TO ARREST.
City enforcement officials are authorized to arrest without a warrant any person whenever the enforcement official has reasonable cause to believe that the person has committed a violation of the Yucaipa Municipal Code or applicable state codes in his or her presence. Pursuant to Penal Code Section 836.5 the enforcement official can only arrest a person by issuing a misdemeanor field citation or by effecting a citizen's arrest with the assistance of a peace officer.
1.12.260 VIOLATION OF CODE.
(a) It shall be unlawful for any person to perform any act that is prohibited, made or declared to be unlawful or an offense by this Code, or to violate any provision or fail to comply with any of the requirements of this Code or for any property owner or occupant to maintain or use property in the city in a manner that constitutes a public nuisance. (b) A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Code shall constitute a public nuisance. (c) A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Code shall constitute a misdemeanor except when the violation of a provision of this Code is specifically declared to be an infraction. (d) Notwithstanding any other provision of this Code, any violation constituting a misdemeanor under this Code may, in the discretion of the city attorney, be charged and prosecuted as an infraction. Except as otherwise provided, each and every day that any violation of this Code shall continue shall constitute a separate offense. The person committing or permitting such offenses may be charged with separate offenses for each such violation and punished accordingly.
(e) Abatement of a public nuisance may be accomplished by any of the methods described in this Code, including criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, notice of violation, recordation of the notice of violation and withholding of future municipal permits.
(f) Each day that a violation of any provision of this Code continues shall be deemed a separate and distinct violation. Each responsible person shall be subject to separate enforcement actions, penalties, or fines for each day the violation remains uncorrected.
1.12.270 Subpoenas
(a) Purpose
This Section is adopted for the purpose and intent of establishing a uniform procedure for issuing subpoenas for the attendance of witnesses, to compel their attendance and testimony, to administer oaths and affirmations, to take evidence, and to issue subpoenas for the production of any papers, books, accounts, records, documents, writings as defined in California Evidence Code Section 250 or other items that may be relevant to any investigation, enforcement action, or prosecution of any matter over which the City Council has legislative and/or appropriative authority. (b) Authority
The procedures set forth herein are authorized by California Government Code Section 37104, et seq.
(c) Issuance of Subpoena
The City Council may authorize, through the adoption of a resolution, the City Clerk (with the assistance of the City Attorney) to prepare and serve subpoenas for any matter that is described within this Section. Such resolution shall state the existence of an investigation, enforcement, prosecution or other proceeding within the City Council's legislative and/or appropriative authority and findings specifying the purposes of the subpoena and the relevancy of the subpoenaed testimony and materials thereto. The Mayor shall sign all subpoenas. The City Clerk shall attest to the Mayor's signature. Upon such signature and attestation, the subpoena shall be deemed to have been issued by the City Council. (d) Form of Subpoena
Subpoenas issued pursuant to this Section shall be a form approved by the City Attorney. (e) Failure to Comply
If any person refuses or fails to comply with a subpoena issued under this section, the Mayor may report the noncompliance to the judge of the superior court, in accordance with Government Code Section 37106, and apply for an attachment and/or order to compel that person's full and complete compliance with the subpoena(s). In the event that the court determines that the person is in noncompliance with the subpoena(s) and the person does not obey the order of the court requiring such compliance, the person may be held in contempt, in addition to any other penalties that may be authorized by this code for noncompliance with the subpoena(s) or under any other applicable laws.
Division 3
NOTICE
Sections:
1.12.300 SERVICE OF NOTICES.
1.12.310 PROOF OF SERVICE OF NOTICES.
1.12.320 CONSTRUCTIVE NOTICE OF RECORDED DOCUMENTS.
1.12.300 SERVICE OF NOTICES.
(a) Whenever a notice is required to be given under the Yucaipa Municipal Code for enforcement purposes, the notice shall be served by any of the following methods unless different provisions are otherwise specifically stated to apply:
(1) Personal service; or
(2) Regular mail; or
(3) Certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.
(4) Posting the notice conspicuously on or in front of the property. The form of the posted notice shall be approved by the city manager.
(b) Service by certified or regular mail in the manner described above shall be effective on the date of mailing.
(c) The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this code.
1.12.310 PROOF OF SERVICE OF NOTICES.
Proof of service of notice may be made by the certificate of any officer or employee of this city or by affidavit of any person over the age of eighteen years. The proof of service shall show that service was done in conformity with this code or other provisions of law applicable to the subject matter concerned.
1.12.320 CONSTRUCTIVE NOTICE OF RECORDED DOCUMENTS.
Whenever a document is recorded with the County Recorder as authorized or required by the Yucaipa Municipal Code or applicable state codes, recordation shall provide constructive notice of the information contained in the recorded documents.
Division 4
JUDICIAL REMEDIES
Sections:
1.12.400 JUDICIAL REMEDIES.
1.12.410 FAILURE TO APPEAR OR POST BAIL.
1.12.420 CIVIL VIOLATIONS — INJUNCTIONS AND CIVIL PENALTIES.
1.12.430 CODE ENFORCEMENT PERFORMANCE BOND.
1.12.440 JUDICIAL ABATEMENT.
1.12.450 TREBLE DAMAGES FOR SUBSEQUENT ABATEMENT JUDGMENTS.
1.12.400 JUDICIAL REMEDIES.
(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the Yucaipa Municipal Code.
(b) Except as elsewhere stated in this code, any person causing, permitting, aiding, abetting, suffering or concealing a violation of this code shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the city or county jail for a period of not more than six (6) months, or by both such fine and imprisonment. (c) Except as elsewhere stated in this code, the City Attorney, in his or her sound discretion, may prosecute a violation of this code as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this code shall be punished by a fine not exceeding one hundred dollars ($100) for the first violation, a fine not exceeding two hundred dollars ($200) for a second violation within one year, and a fine not exceeding five hundred dollars ($500) for a third violation within one year. A fourth violation of this code within one year shall be charged as a misdemeanor and may not be reduced to an infraction.
(d) Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.
1.12.410 FAILURE TO APPEAR OR POST BAIL.
(a) Any person who fails to appear in court in connection with a citation issued for a criminal violation of any provision of this code or to post bail in connection with that citation shall be guilty of a misdemeanor.
(b) Pursuant to and in accordance with the mandatory provisions of California Penal Code Section 853.8 or, alternatively, the mandatory provisions of California Penal Code Section 1427, whenever a person fails to appear in court or to post bail in connection with a citation issued for a criminal violation of any provision of this code, it is the intent of the city council that a warrant for the arrest of that person shall be issued.
1.12.420 CIVIL VIOLATIONS — INJUNCTIONS AND CIVIL PENALTIES. (a) In addition to any other remedy provided by this code, any provision of this code may be enforced by injunction issued by the Superior Court upon a suit brought by the City of Yucaipa. (b) As part of a civil action filed to enforce provisions of this code, a court may assess a maximum civil penalty of two thousand five hundred dollars per violation of the municipal code for each day during which any person commits, continues, allows or maintains a violation of any provision of this code.
1.12.430 CODE ENFORCEMENT PERFORMANCE BOND.
As part of any enforcement action taken by the city, the city has the authority to require a responsible person to post a performance bond to ensure compliance with the Yucaipa Municipal Code, applicable state codes or any judicial action.
1.12.440 JUDICIAL ABATEMENT.
Pursuant to California Penal Code Section 372, and California Code of Civil Procedure Section 731 the City Attorney has the authority to judicially abate public nuisances by filing criminal or civil nuisance actions in the name of the City of Yucaipa and the People of the State of California.
1.12.450 TREBLE DAMAGES FOR SUBSEQUENT ABATEMENT JUDGMENTS.
Pursuant to California Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to Section 17980 of the California Health and Safety Code.
Division 5
ADMINISTRATIVE REMEDIES
Sections:
1.12.500 ADMINISTRATIVE REMEDIES.
1.12.510 DECLARATION OF PURPOSE.
1.12.520 AUTHORITY.
1.12.500 ADMINISTRATIVE REMEDIES.
Divisions 6 through 10 establish optional administrative enforcement remedies available to the city for violations of the municipal code and applicable state codes. The general remedies issuance and recordation of notices of violation, administrative civil penalties, administrative citations, summary abatement, and administrative abatement. Divisions 11 and 12 govern the procedures for appeals and hearings relating to these administrative remedies.
1.12.510 DECLARATION OF PURPOSE.
The city council finds that there is a need for a variety of administrative remedies that do not require the city to file court actions to initiate enforcement of violations of the Yucaipa Municipal Code and applicable state codes. The procedures established by these administrative remedies are in addition to any other legal remedy established by law which may be pursued to address municipal code and applicable state code violations.
1.12.520 AUTHORITY.
Whenever the city, through one of its department heads or enforcement officials, determines that a violation of the Yucaipa Municipal Code or applicable state code exists, the city may pursue any of the administrative remedies outlined in Divisions 6 through 10 of this code.
Sections:
1.12.600
1.12.610
1.12.620
1.12.630
1.12.640
1.12.650
1.12.660
1.12.670
1.12.680
1.12.690
Division 6
ISSUANCE AND RECORDATION OF NOTICES OF VIOLATION
ISSUANCE AND RECORDATION OF NOTICES OF VIOLATION.
DECLARATION OF PURPOSE.
PROCEDURES FOR ISSUANCE OF A NOTICE OF VIOLATION.
PROCEDURES FOR RECORDATION.
SERVICE OF NOTICE OF VIOLATION.
PROCEDURES TO APPEAL RECORDATION.
APPEAL HEARING.
NOTICE OF COMPLIANCE — PROCEDURES.
PROHIBITION AGAINST ISSUANCE OF MUNICIPAL PERMITS.
CANCELLATION OF RECORDED NOTICE OF VIOLATION.
1.12.600 ISSUANCE AND RECORDATION OF NOTICES OF VIOLATION.
This Division shall govern the procedures relating to the issuance and recordation of administrative notices of violation.
1.12.610 DECLARATION OF PURPOSE.
The city council finds that there is a need for alternative methods of enforcement for violations of the municipal code and applicable state codes which are found to exist on real property. The council further finds that an appropriate method of enforcement for these types of violations is the issuance and recordation of notices of violation. The procedures established in this Division shall be in addition to criminal, civil or any other remedy established by law which may be pursued to address violations of the Yucaipa Municipal Code or applicable state codes.
1.12.620 PROCEDURES FOR ISSUANCE OF A NOTICE OF VIOLATION.
Whenever an enforcement official determines that a violation of the Yucaipa Municipal Code or applicable state code pertaining to real property exists, the enforcement official may issue a notice of violation to a responsible person. A notice of violation shall include sufficient information to provide reasonable notice of activities or conditions constituting violation of the municipal code or applicable state code, and actions necessary to correct the violations. The notice of violation shall include the following information:
(a) The name of the property's record owner;
(b) Street address;
(c) The code sections in violation;
(d) A description of the property's condition which violates the applicable codes; (e) A list of necessary corrections to bring the property into compliance; (f) A deadline or specific date to correct the violations listed in the notice of violation; (g) Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline including, but not limited to: criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, recordation of the notice of violation and withholding of future municipal permits; (h) A brief description of the procedure to appeal the notice of violation including time limitations.
1.12.630 PROCEDURES FOR RECORDATION.
(a) Once an enforcement official has issued a notice of violation to a responsible person and the property remains in violation after the deadline established in the notice of violation, the enforcement official may record a notice of violation with the Recorder's Office of San Bernardino County.
(b) Before recordation, the enforcement official shall provide to the responsible person a letter of intent to record a notice of violation unless a written appeal is filed pursuant to the procedures outlined in this Division. The letter shall be served pursuant to any of the methods of service set forth in Division 3 of this Chapter. The enforcement official may also send a courtesy copy of the letter to any financial institution with a legal interest in the real property. (c) If a written appeal is not filed pursuant to the procedures set forth in this Division, the enforcement official may record the notice of violation if the violation has not been corrected. (d) The recorded notice of violation shall include the name of the property owner, the property's assessor's parcel number, the parcel's legal description, and a copy of the notice of violation.
1.12.640 SERVICE OF NOTICE OF VIOLATION.
A copy of the recorded notice of violation shall be served on the responsible person and property owner pursuant to any of the methods of service set forth in Division 3 of this Chapter.
1.12.650 PROCEDURES TO APPEAL RECORDATION.
(a) An appeal of a letter of intent to record the notice of violation shall follow the procedures set forth in Divisions 11 and 12 of this code.
(b) Upon receipt of the written appeal, the enforcement official shall schedule a hearing pursuant to the procedures set forth in Divisions 11 and 12 of this Chapter. The purpose of the hearing is for the responsible person or property owner to show cause why a notice of violation should not be recorded.
(c) The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative appeal hearing and shall not affect the validity of the recorded notice of violation.
1.12.660 APPEAL HEARING.
(a) The appeal shall follow the hearing procedures as set forth in Divisions 11 and 12 of this Chapter.
(b) At the appeal hearing, the hearing officer shall only consider evidence that is consistent with the applicable rules and procedures for administrative enforcement hearings and that is relevant to the following issues:
(1) Whether the conditions listed in the notice of violation violate the Yucaipa Municipal Code or applicable state codes; and
(2) Whether the enforcement official afforded the responsible person with due process by adhering to the notification procedures specified in this code. (c) If the hearing officer affirms the enforcement official's decision, the enforcement official may proceed to record the notice of violation.
(d) If the hearing officer determines that recordation is improper, the hearing officer shall reverse the enforcement official's decision to record the notice of violation.
1.12.670 NOTICE OF COMPLIANCE — PROCEDURES.
(a) After a notice of violation has been recorded, and after the violations listed on the notice of violation have been corrected, the responsible person or property owner may file with the enforcement official a written request for a reinspection of the property to determine compliance with the municipal code and applicable state codes listed in the recorded notice of violation, and for the issuance of a notice of compliance on a form provided by the city.
(b) Once the enforcement official receives this request, the enforcement official shall reinspect the property to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed.
(c) The enforcement official shall serve a notice of compliance to the responsible person or property owner in the manner provided in Division 3 of this Chapter only if the enforcement official determines that:
(1) All violations listed in the recorded notice of violation have been corrected; and (2) All necessary permits have been issued and finalized; and (3) All civil penalties and any fines have been paid; and (4) The party requesting the notice of compliance has paid an administrative fee to reimburse the city for all administrative costs. Administrative fees may include costs incurred in the investigation, inspection, reinspection, title search, appeal hearing and any other processing costs associated with the violations specified on the notice of violation. (d) If the enforcement official denies a request to issue a notice of compliance, the enforcement official shall serve the responsible person or property owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in Division 3 of this Chapter.
(e) The enforcement official's decision denying a request to issue a notice of compliance shall be final and non -appealable.
1.12.680 PROHIBITION AGAINST ISSUANCE OF MUNICIPAL PERMITS.
Subject to the exception set forth herein or as otherwise provided by state law, the City of Yucaipa shall withhold permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of the real property or the structure: (i) if a request to appeal the recordation of a notice of violation has not been timely filed; or (ii) after a hearing officer on appeal affirms the enforcement official's decision to record a notice of violation. The city may thereafter withhold permits until a notice of compliance has been issued by the enforcement official. The city may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations.
1.12.690 CANCELLATION OF RECORDED NOTICE OF VIOLATION.
The enforcement official, property owner or responsible person shall record the notice of compliance with the County Recorder's Office. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation.
Sections:
1.12.700
1.12.710
1.12.720
1.12.730
1.12.740
1.12.750
1.12.760
1.12.770
1.12.780
1.12.790
1.12.700
Division 7
ADMINISTRATIVE CIVIL PENALTIES
ADMINISTRATIVE CIVIL PENALTIES; PURPOSE; AUTHORITY
PROCEDURES — NOTICE AND ORDER.
DETERMINATION OF CIVIL PENALTIES.
ADMINISTRATIVE COSTS.
APPEAL OF ADMINISTRATIVE CIVIL PENALTY.
FAILURE TO COMPLY WITH ENFORCEMENT OFFICIAL'S NOTICE
AND ORDER.
CIVIL PENALTIES HEARING.
ADMINISTRATIVE ENFORCEMENT ORDER.
FAILURE TO COMPLY WITH THE ADMINISTRATIVE
ENFORCEMENT ORDER.
ALLOCATION OF ADMINISTRATIVE CIVIL PENALTIES.
ADMINISTRATIVE CIVIL PENALTIES; PURPOSE; AUTHORITY
(a) This Division governs the administrative assessment of civil penalties for violations of the Yucaipa Municipal Code and applicable state codes.
(b) The city council finds that there is a need for alternative methods of enforcement of the Yucaipa Municipal Code and applicable state codes. The city council further finds that the assessment of civil penalties through an administrative hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative assessment of civil penalties established in this Division is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the Yucaipa Municipal Code or applicable state codes.
(c) Any person violating any provision of the Yucaipa Municipal Code or applicable state code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this Division.
(d) Each and every day a violation of any provision of the Yucaipa Municipal Code or applicable state code exists constitutes a separate and distinct violation. (e) Civil penalties may be directly assessed by means of a notice and order issued by the enforcement official or affirmed by an enforcement hearing officer. Civil penalties may be recovered as authorized by Division 13 or subsequent legal action brought by the city attorney. (f) Civil penalties for violations of any provision of the Yucaipa Municipal Code or applicable state codes shall be assessed at a daily rate determined by the enforcement official or enforcement hearing officer pursuant to the criteria listed in this Division. The maximum rate shall be $2,500.00 per violation.
1.12.710 PROCEDURES — NOTICE AND ORDER.
(a) Whenever an enforcement official determines that a violation of one or more provisions of the Yucaipa Municipal Code or applicable state code has occurred or continues to exist, a written civil penalty notice and order may be issued to the responsible person. (b) The Notice and order shall refer to each code section violated and describe how each section is or has been violated.
(c) The notice and order shall refer to the dates and locations of the violations. (d) The notice and order shall describe all remedial action required to permanently correct outstanding violations and establish a time frame for completion. (e) The notice and order shall establish a daily amount of civil penalties. The enforcement official shall determine the daily amount of civil penalties pursuant to the criteria in Section 1.12.720 of this Division.
(f) The notice and order shall identify a date when the civil penalties began to accrue and a date when the assessment of civil penalties will end, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the notice and order until the violations are corrected. (g) If an enforcement official determines that the violations are continuing, the notice and order shall demand that the responsible person cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate city departments.
(h) The notice and order shall enumerate any other consequences should the responsible person fail to comply with the terms and deadlines, as prescribed in the notice and order. (i) The notice and order shall identify appropriate hearing procedures. (j) The notice and order shall be served upon the responsible person by any one of the methods of service listed in Division 3.
(k) The notice and order shall identify the factors used by an enforcement official in determining the duration and the daily amount of civil penalties.
(1) More than one notice and order may be issued against the same responsible person if it encompasses either different dates or different violations.
1.12.720 DETERMINATION OF CIVIL PENALTIES.
(a) In determining the date when civil penalties start to accrue, an enforcement official may consider the date when the enforcing department first discovered the violations as evidenced
by the issuance of a notice of violation or any other written correspondence advising the responsible person of the existence of a violation.
(b) The assessment of civil penalties shall end when all action required by the notice and order has been completed.
(c) In determining the amount of the civil penalty to be assessed on a daily rate, an enforcement official may consider some or all of the following factors:
(1) The duration of the violation.
(2) The frequency or recurrence of the violation.
(3) The seriousness of the violation.
(4) The history of the violation.
(5) The responsible person's conduct after issuance of the notice and order. (6) The good faith effort by the responsible person to comply. (7) The economic impact of the penalty on the responsible person. (8) The impact of the violation upon the community.
(9) Any other factors that justice may require.
(d) The city manager has the authority to establish a penalty schedule for an enforcement official to use as a guideline in determining the amount of civil penalties depending on the nature of the case. The city manager shall also establish procedures for the use of this penalty schedule.
1.12.730 ADMINISTRATIVE COSTS.
An enforcement official or enforcement hearing officer is authorized to assess any reasonable administrative costs. Administrative costs may include the costs of scheduling and processing the hearing and all subsequent actions.
1.12.740 APPEAL OF ADMINISTRATIVE CIVIL PENALTY.
An appeal of an administrative civil penalty shall follow the procedures set forth in Divisions 11 and 12.
1.12.750 FAILURE TO COMPLY WITH ENFORCEMENT OFFICIAL'S NOTICE AND ORDER.
An enforcement official shall request an enforcement hearing officer to establish a date, time and place for the civil penalties hearing in accordance with Divisions 11 and 12 when the responsible person fails to comply with the terms of the notice and order. Failure to comply includes failure to pay the assessed civil penalties, failure to commence and complete corrections by the established deadlines or failure to refrain from continuing violations of the Yucaipa Municipal Code or applicable state codes.
1.12.760 CIVIL PENALTIES HEARING.
(a) The procedures for the civil penalties hearing are the same as the hearing procedures set forth in Divisions 11 and 12.
(b) The enforcement hearing officer shall only consider evidence that is relevant to the following issues:
(1) Whether the responsible person has caused or maintained a violation of the Yucaipa Municipal Code or applicable state code that existed on the dates specified in the notice and order; and
(2) Whether the amount of civil penalties assessed by the enforcement official pursuant to the procedures and criteria outlined in Section 1.12.720 was reasonable.
1.12.770 ADMINISTRATIVE ENFORCEMENT ORDER.
(a) Once all evidence and testimony are completed, the enforcement hearing officer shall issue an administrative enforcement order which affirms or rejects the enforcement official's notice and order or which modifies the daily rate or duration of the civil penalties. The enforcement hearing officer may increase or decrease the total amount of civil penalties and costs that are assessed by the enforcement official's notice and order. (b) The enforcement hearing officer may issue an administrative enforcement order that requires the responsible person to cease from violating the Yucaipa Municipal Code or applicable state codes and to make necessary corrections.
(c) As part of the administrative enforcement order, the enforcement hearing officer may establish specific deadlines for the payment of civil penalties and costs and condition the total or partial assessment of civil penalties on the responsible person's ability to complete compliance by specified deadlines.
(d) The enforcement hearing officer may issue an administrative enforcement order which imposes additional civil penalties that will continue to be assessed until the responsible person complies with the hearing officer's decision and corrects the violation.
(e) The enforcement hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative enforcement order.
1.12.780 FAILURE TO COMPLY WITH THE ADMINISTRATIVE
ENFORCEMENT ORDER.
(a) Upon the failure of the responsible person to comply with the terms and deadlines set forth in the administrative enforcement order, the enforcement official may use all appropriate legal means to recover the civil penalties, administrative costs and obtain compliance with the administrative enforcement order.
(b) After the enforcement hearing officer issues an administrative enforcement order, the enforcement official shall monitor the violations and determine compliance.
1.12.790 ALLOCATION OF ADMINISTRATIVE CIVIL PENALTIES.
Administrative civil penalties collected pursuant to this Division shall be deposited in general fund.
Division 8
ADMINISTRATIVE CITATIONS
Sections:
1.12.800 DECLARATION OF PURPOSE.
1.12.810 AUTHORITY.
1.12.820 PROCEDURES.
1.12.830 CONTENTS OF NOTICE OF ADMINISTRATIVE CITATION.
1.12.840 APPEAL OF ADMINISTRATIVE CITATION.
1.12.850 ADMINISTRATIVE ENFORCEMENT ORDER.
1.12.860 PENALTIES ASSESSED.
1.12.870 FAILURE TO PAY PENALTIES.
1.12.880 ALLOCATION OF ADMINISTRATIVE PENALTIES.
1.12.800 DECLARATION OF PURPOSE.
The city council finds that there is a need for an alternative method of enforcement for violations of the Yucaipa Municipal Code and applicable state codes. The city council further finds that an appropriate method of enforcement for violations is an administrative citation program as authorized by California Government Code Section 53069.4. The procedures established in this Division shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the Yucaipa Municipal Code or applicable state codes.
1.12.810 AUTHORITY.
(a) Any person violating any provision of the Yucaipa Municipal Code or applicable state code may be issued an administrative citation by an enforcement official as provided in this Division.
(b) Each and every day a violation of the Yucaipa Municipal Code or applicable state code exists constitutes a separate and distinct offense for which an administrative citation may issue. (c) An administrative fine shall be assessed by means of an administrative citation issued by the enforcement official and shall be payable directly to the city. (d) Administrative fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this Division. (e) The administrative citation process set forth in this Division does not apply to continuing violations of this code that pertain to building, plumbing, electrical, or other similar structural or zoning issues, unless a reasonable opportunity to correct or otherwise remedy the violation is first given to the violator. Ten days shall be deemed to be a reasonable period in the case of most such continuing violations; however, a longer period, in no case to exceed thirty days, shall be allowed at the discretion of the enforcement official. Nothing in this section shall prevent the city from utilizing the administrative citation process for building, plumbing, electrical, or other similar structural or zoning violations which are transient and noncontinuing in nature, or create an immediate danger to health or safety.
1.12.820 PROCEDURES.
(a) Upon discovering any violation of the Yucaipa Municipal Code or applicable state codes, an enforcement official may issue an administrative citation to a responsible person in the manner prescribed in this Division. The administrative citation shall be issued on a form approved by the city manager.
(b) In the case of a business, the enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation. If the enforcement official can only locate the manager of the business or the person in apparent charge of the business, the administrative citation may be issued to such person, who may sign or receive the administrative citation as agent for the responsible person or owner of the business. A copy of the administrative citation shall also be served on the business owner or responsible person in the manner prescribed by Division 3.
(c) Once the responsible person is located, the enforcement official shall attempt to obtain the signature of that person on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings.
(d) If the enforcement official is unable to locate the responsible person for the violation, then the administrative citation shall be mailed to the responsible person or posted on the property in the manner prescribed in Division 3.
(e) The administrative citation shall contain the signature of the enforcement official. (f) Provided that an administrative citation is properly issued to a responsible person, the failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this Division.
1.12.830 CONTENTS OF NOTICE OF ADMINISTRATIVE CITATION. (a) The administrative citation shall refer to the date and location of the violations and the approximate time the violations were observed.
(b) The administrative citation shall refer to the code sections violated and describe how the sections are violated.
(c) The administrative citation shall describe the action required to correct the violations. (d) The administrative citation shall require the responsible person to immediately correct the violations and shall explain the consequences of failure to correct the violations. (e) The administrative citation shall state the amount of penalty imposed for the violations. (f) The administrative citation shall explain how the penalty shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the penalty. (g) The administrative citation shall provide notice of the right to appeal. (h) The citation shall contain the signature of the enforcement official and the signature of the responsible person if that person can be located.
1.12.840 APPEAL OF ADMINISTRATIVE CITATION.
An appeal of an administrative citation shall follow the procedures in Divisions 11 and 12.
1.12.850 ADMINISTRATIVE ENFORCEMENT ORDER.
The appeal hearing shall follow the enforcement hearing procedures set forth in Divisions 11 and
12. As part of the administrative enforcement order made pursuant to an administrative enforcement appeal, the enforcement hearing officer may reduce, waive or conditionally reduce the penalties or late fees assessed by the citation. The enforcement hearing officer may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties.
The enforcement hearing officer may assess reasonable administrative costs.
1.12.860 PENALTIES ASSESSED.
(a) If the responsible person fails to correct the violation, subsequent administrative citations may be issued for the same violation. The amount of the penalty shall increase at a rate specified in this Division.
(b) The penalties assessed for each administrative citation issued for the same violation shall not exceed the following amounts:
(1) First violation: $100.00;
(2) Second violation within a one-year period: $200.00; (3) Third or subsequent violation within a one-year period: $500.00. (4) Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.
(5) All penalties assessed shall be payable to the city finance department.
1.12.870 FAILURE TO PAY PENALTIES.
The failure of any person to pay the administrative fines assessed by an administrative citation within the time specified on the citation may result in the enforcement official referring the matter to the city finance director to file a claim with the small claims court. Alternatively, the enforcement official may pursue any other legal remedy to collect the administrative fines.
1.12.880 ALLOCATION OF ADMINISTRATIVE FINES.
Administrative fines collected pursuant to this Division shall be deposited in the general fund.
Division 9
SUMMARY ABATEMENT
Sections:
1.12.900 DECLARATION OF PURPOSE.
1.12.910 SUMMARY ABATEMENT.
1.12.920 AUTHORITY.
1.12.930 PROCEDURES.
1.12.900 DECLARATION OF PURPOSE.
The city council finds that its purpose in adopting this Division and Division 10 is to establish a procedure for the summary abatement of public nuisances and code violations. The procedures established herein are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address Yucaipa Municipal Code or applicable state code violations.
1.12.910 SUMMARY ABATEMENT.
This Division governs the procedures relating to summary abatement of public nuisances.
1.12.920 AUTHORITY.
Whenever an enforcement official determines that an imminent life safety hazard exists that requires immediate correction or elimination, the enforcement official may exercise the following powers without prior notice to the responsible person:
(a) Order the immediate vacation of any occupants and prohibit occupancy until all repairs are completed. Violation of the enforcement official's order of immediate vacation and prohibition of occupancy shall constitute a misdemeanor;
(b) Post the premises as unsafe, substandard or dangerous; (c) Board, fence or secure the building or site;
(d) Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public;
(e) Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; and
(f) Take any other action as appropriate under the circumstances.
1.12.930 PROCEDURES.
(a) An enforcement official shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard. Costs incurred by the city during the summary abatement process shall be assessed and recovered against the responsible person or property owner through the procedures outlined in Section 1.12.1030. (b) The enforcement official may also pursue any administrative or judicial remedy to abate any remaining public nuisance.
Division 10
ADMINISTRATIVE ABATEMENT
Sections:
1.12.1000 DECLARATION OF PURPOSE.
1.12.1010 AUTHORITY.
1.12.1020 GENERAL PROCEDURES AND APPEALS.
1.12.1030 ABATEMENT OF A PUBLIC NUISANCE BY THE CITY.
1.12.1000 DECLARATION OF PURPOSE.
The city council finds that its purpose in adopting this Division and Division 9 is to establish a procedure for the abatement of public nuisances and code violations. The procedures established in these sections are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address Yucaipa Municipal Code or applicable state code violations.
1.12.1010 AUTHORITY.
Any condition caused, maintained or permitted to exist in violation of any provisions of the Yucaipa Municipal Code or applicable state codes which constitutes a public nuisance but which does not constitute an imminent life safety hazard may be abated by the city pursuant to the procedures set forth in this Division.
1.12.1020 GENERAL PROCEDURES AND APPEALS.
(a) Abatement Notice.
(1) Whenever an enforcement official determines that public or private property or any portion of public or private property is a public nuisance as generally defined in Division 1 or as declared in a specific section of the Yucaipa Municipal Code or applicable state codes, an abatement notice may be issued to the responsible person or property owner to abate the public nuisance.
(2) The abatement notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to the Yucaipa Municipal Code or applicable state code violations which render the property a public nuisance. (3) The abatement notice shall describe the action required to abate the public nuisance which may include corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or other appropriate action and shall establish deadlines by which each action must occur.
(4) The abatement notice shall explain the consequences should the responsible person fail to comply with the terms of the notice.
(5) The abatement notice shall identify all applicable hearing and appeal rights. (b) Service of Abatement Notice. The abatement notice shall be served by any one of the methods of service listed in Division 3.
(c) The enforcement official shall establish a reasonable time frame for compliance based on the nature and severity of the nuisance. The time frame shall normally be ten days for a nuisance that does not involve an imminent threat to public health and safety. (d) Right to Appeal.
(1) The responsible person may appeal the abatement notice within ten calendar days from the date of service of the abatement notice by filing a written request to appeal to an enforcement official.
(2) Upon receiving a written request to appeal an abatement notice, an enforcement official shall follow the procedures set forth in Divisions 11 and 12 and request the enforcement hearing officer to schedule a hearing to hear any objections why the abatement should not be ordered and effected.
(3) Abatement shall not proceed until the enforcement hearing officer issues an order after an appeal by the responsible person or an appeal has not been timely filed, unless the enforcement hearing officer concludes that an imminent threat to the public's health and safety exists.
(4) If the enforcement hearing officer issues an order confirming the existence of a public nuisance, the city may immediately abate the public nuisance pursuant to the procedures set forth in Section 1.12.1030 of this Division. The hearing officer's decision is the final administrative decision and shall become effective upon the date of issuance by the enforcement hearing officer.
1.12.1030 ABATEMENT OF A PUBLIC NUISANCE BY THE CITY.
(a) Once an enforcement official follows the procedures set forth in Section 1.12.1020 of this Division and obtains authorization to abate a public nuisance, the public nuisance may be abated by city personnel or by a private contractor.
(b) City personnel or a private contractor can enter upon private property in a reasonable manner to abate the public nuisance as specified in the abatement notice or abatement order.
Interference with the city's abatement of the public nuisance by a property owner or responsible person shall constitute a misdemeanor.
(c) When abatement is completed, a report describing the work performed and an itemized account of the total abatement costs shall be prepared by the enforcement official. The report shall contain the names and addresses of the responsible persons or property owners of each parcel, the tax assessor's parcel number and a legal description of the property. (d) The enforcement official shall request the hearing officer to schedule a confirmation of costs hearing, unless waived in writing by all responsible persons. (e) All administrative and actual costs incurred by the city in abating the public nuisance may be assessed and recovered against the responsible person.
Division 11
ADMINISTRATIVE ENFORCEMENT APPEALS
Sections:
1.12.1100 APPEAL PROCEDURES.
1.12.1110 APPEAL HEARING.
1.12.1120 FAILURE TO ATTEND AN ADMINISTRATIVE ENFORCEMENT HEARING.
1.12.1100 APPEAL PROCEDURES.
(a) A person served with one of the following documents, orders or notices may file an appeal within ten calendar days from the date of service:
(1) Any administrative abatement or civil penalties notice and order; (2) An administrative citation;
(3) A letter from an enforcement official indicating an intent to record a notice of violation. (b) The appeal shall be made in writing and filed with the City Clerk. (c) The appeal shall be accompanied by an appeal fee in an amount established by resolution of the city council.
(d) The receipt of a written appeal shall stay all actions, or put in abeyance all approvals or permits which may have been granted, pending the effective date of the decision of the body hearing the appeal. Upon the filing of a proper appeal fines shall cease to be imposed unless such cessation would result in the continuation of a life, health, or safety risk. (e) After receiving the written notice of appeal, the enforcement official shall request an administrative enforcement hearing officer to schedule a date, time, and place for the hearing. (f) Written notice of the date, time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing on the person appealing the notice by any one of the methods listed in Division 3.
1.12.1110 APPEAL HEARING.
The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedures set forth in Division 12.
1.12.1120 FAILURE TO ATTEND AN ADMINISTRATIVE ENFORCEMENT HEARING.
Failure to attend the administrative enforcement hearing by the appellant shall constitute a waiver of his or her rights to an administrative enforcement hearing and administrative adjudication of the notice or any portion of the notice.
Division 12
ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES
Sections:
1.12.1200
1.12.1210
1.12.1220
1.12.1230
1.12.1240
1.12.1250
HEARING.
1.12.1260
1.12.1270
1.12.1280
ORDER.
DECLARATION OF PURPOSE.
PROCEDURES FOR NOTIFICATION OF ENFORCEMENT HEARING.
DISQUALIFICATION OF ENFORCEMENT HEARING OFFICER.
POWERS OF ENFORCEMENT HEARING OFFICER.
PROCEDURES AT ADMINISTRATIVE ENFORCEMENT HEARING.
FAILURE TO ATTEND ADMINISTRATIVE ENFORCEMENT
ADMINISTRATIVE ENFORCEMENT ORDER.
JUDICIAL REVIEW.
FAILURE TO COMPLY WITH ADMINISTRATIVE ENFORCEMENT
1.12.1200 DECLARATION OF PURPOSE.
(a) This Division establishes the procedures for conducting administrative enforcement hearings. (b) The city council finds that there is a need to establish a uniform procedure for administrative enforcement hearings conducted pursuant to the Yucaipa Municipal Code. It is the purpose and intent of the city council to afford due process of law to any person who is directly affected by an administrative action. Due process of law includes: adequate notice, an opportunity to participate in the administrative hearing and an adequate explanation of the reasons justifying the administrative action. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative enforcement action. (c) The city manager is authorized to develop and implement policies and procedures relating to the qualifications, appointment and compensation of hearing officers, hearing officer powers, hearing procedures, scope of the hearing, and other matters relating to administrative enforcement hearings. The city manager shall promulgate rules and procedures as are necessary to establish a list of qualified persons who are capable of acting on behalf of the city as hearing officers. The hearing officers shall be appointed by resolution of the City Council.
1.12.1210 PROCEDURES FOR NOTIFICATION OF ENFORCEMENT HEARING. (a) Where an administrative enforcement remedy or proceeding authorized by this title provides for an enforcement hearing, the enforcement official may request a hearing officer to schedule a day, time and place for the hearing.
(b) Written notice of the time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing to the responsible person or property owner. (c) The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the city manager.
(d) The notice of hearing shall be served by any of the methods of service listed in Division 3.
1.12.1220 DISQUALIFICATION OF ENFORCEMENT HEARING OFFICER.
Any person designated to serve as an enforcement hearing officer is subject to disqualification for bias, prejudice, conflict of interest, or for any other reason for which a judge may be disqualified in a court of law.
1.12.1230 POWERS OF ENFORCEMENT HEARING OFFICER.
(a) The enforcement hearing officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded.
(b) The enforcement hearing officer shall retain jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an administrative enforcement order, modifying an administrative enforcement order, or where extraordinary circumstances exist, granting a new hearing. (c) The enforcement hearing officer has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with an administrative enforcement order. Procedures for the use of a code enforcement performance bond shall be promulgated by the city manager.
1.12.1240 PROCEDURES AT ADMINISTRATIVE ENFORCEMENT HEARING. (a) Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall be promulgated by the city manager.
(b) The city bears the burden of proof at an administrative enforcement hearing or a nuisance abatement hearing to establish the existence of a violation of the Yucaipa Municipal Code or applicable state code, or to establish the existence of a public nuisance.
(c) The standard of proof to be used by the enforcement hearing officer in deciding the issues at an administrative hearing is a preponderance of the evidence standard. (d) Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.
1.12.1250 FAILURE TO ATTEND ADMINISTRATIVE ENFORCEMENT HEARING.
Any party whose property or actions are the subject of an administrative enforcement hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and to an adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided.
1.12.1260 ADMINISTRATIVE ENFORCEMENT ORDER.
(a) The decision of the enforcement hearing officer shall be made within 10 days of the hearing, entitled "Administrative Enforcement Order" and be issued in accordance with the rules and procedures promulgated by the city manager.
(b) The administrative enforcement order shall be served on all parties by any one of the methods listed in Division 3 of this code.
(c) The administrative enforcement order shall become final on the date of service of the order.
1.12.1270 JUDICIAL REVIEW.
Judicial review of an administrative enforcement order may be sought pursuant to a writ of administrative mandamus Once an administrative enforcement order becomes final as provided in this Division, the time in which judicial review of the order must be sought shall be governed by California Code of Civil Procedure Section 1094.6 except as otherwise specifically provided elsewhere in this code.
1.12.1280 FAILURE TO COMPLY WITH ADMINISTRATIVE ENFORCEMENT ORDER.
It is unlawful for a party to an administrative enforcement hearing who has been served with a copy of the final administrative enforcement order to fail to comply with the order. Failure to comply with a final administrative enforcement order may be prosecuted as an infraction or a misdemeanor.
Division 13
RECOVERY OF CIVIL PENALTIES, ADMINISTRATIVE COSTS AND ABATEMENT COSTS
Sections:
1.12.1300
1.12.1310
DECLARATION OF PURPOSE.
PROCEDURES FOR RECOVERING COSTS.
1.12.1320 RECOVERY OF CIVIL PENALTIES.
1.12.1330 AUTHORITY TO IMPOSE LIEN/SPECIAL ASSESSMENT.
1.12.1340 RECOVERY AS A LIEN ON PROPERTY.
1.12.1350 RECOVERY OF COSTS BY SPECIAL ASSESSMENT.
1.12.1360 REPAYMENT TO CODE ENFORCEMENT CIVIL PENALTIES FUND.
1.12.1370 SATISFACTION OF LIEN/SPECIAL ASSESSMENT.
1.12.1300 DECLARATION OF PURPOSE.
The city council finds that, in addition to the filing of civil collection actions by the city attorney, the use of nuisance abatement liens collected as personal obligations against property owners and the use of special assessments on real property will assist in the collection of civil penalties, abatement costs, administrative costs, reinspection fees and late fees assessed pursuant to administrative citations, administrative hearings, judicial orders and other appropriate code enforcement actions. The city council further finds that collection of civil penalties, costs and fees assessed for code enforcement violations is important in deterring future violations and maintaining the integrity of the city's code enforcement system. The city has the authority to make the expense of enforcement actions and abatement of any nuisance a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with California Government Code Section 38773.1; or, in the alternative, the city has the authority to make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel, in accordance with California Government Code Section 38773.5. The procedures established in this Division shall be used to complement existing administrative or judicial remedies which may be pursued to address violations of the Yucaipa Municipal Code or applicable state codes.
1.12.1310 PROCEDURES FOR RECOVERING COSTS.
This Division governs the procedures for recovery of all administrative and actual costs incurred by the city in the recovery of civil penalties, in the abatement of a public nuisance, and for recordation and recovery of costs of enforcing nuisance abatement liens pursuant to the procedures and authority found in the California Government Code. The provisions of Government Code Sections 38771 through 38773.5 and any amendments to those sections are hereby incorporated by reference and made a part of this Division.
1.12.1320 RECOVERY OF CIVIL PENALTIES.
The enforcement official may collect all civil penalties and related administrative costs by the use of all appropriate legal means, including referral to the finance director or city attorney.
1.12.1330 AUTHORITY TO IMPOSE LIEN/SPECIAL ASSESSMENT.
Whenever the amount of any nuisance abatement charge, administrative penalty, administrative cost, or other debt incurred by the city in connection with real property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely writ of mandate,
this obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation occurred.
1.12.1340 RECOVERY AS A LIEN ON PROPERTY.
(a) In addition to constituting a personal financial obligation of the person or persons responsible therefor, any nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the city in connection with real property may be recovered by recordation of a lien against the subject real property.
(b) Upon determination by the city manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the city has not been satisfied in full within ninety days of the date it was imposed, the city manager or his designee shall recommend that the city council adopt a resolution confirming imposition of the debt and approving the filing of a lien against the subject real property. Before taking these actions, however, the city manager or his designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/debt is disposed of by a court of law. (c) The resolution shall state the amounts due and owing, the name of the agency imposing the lien (City of Yucaipa), the date of the order or other notice describing the property violation or nuisance in question, the street address and assessor's parcel number of the subject property, and the name and address of the recorded owner of the property. (d) A copy of the resolution shall be served on the property owner, along with notice to the property owner that a lien in the amounts stated in the resolution will be filed against the subject property in the San Bernardino County recorder's office. (e) The notice set forth in subsection (d) shall be served in the same manner as a summons in a civil action in accordance with the Code of Civil Procedure Section 415.10 et seq. If the owner of record cannot be found after diligent search, then the notice shall be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in San Bernardino County. (f) Following proper notice to the owner of record as provided in subsection (e), the resolution and notice shall be recorded as a lien with the county recorder. Once recorded, the resolution and notice shall have the force and effect and priority of a judgment lien governed by the provisions of Code of Civil Procedure Section 697.340 and may be extended as provided in Code of Civil Procedure Sections 683.110 to 683.220, inclusive. (g) The interest rate set for money judgments in Code of Civil Procedure Section 685.010 shall accrue on the principal amount of the lien until satisfied pursuant to law. (h) A lien pursuant to this section may be foreclosed by an action brought by the city for a money judgment.
1.12.1350 RECOVERY OF COSTS BY SPECIAL ASSESSMENT.
(a) As an alternative to the procedure above in this Division, there is hereby established a procedure for making any nuisance abatement charge, administrative penalty, administrative cost or other debt imposed by the city in connection with real property a special assessment against the subject real property.
(b) Upon determination by the city manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt incurred by the city has not been satisfied in full within ninety days of the date it was imposed and/or has not been successfully challenged by a timely writ of mandate, the city manager or his designee shall recommend that the city council adopt a resolution confirming imposition of the debt and approving the filing of a special assessment against the subject real property. Before taking these actions, however, the city manager or his designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/debt is disposed of by a court of law. (c) The resolution shall state the amounts due and owing, the name of the agency imposing the special assessment (City of Yucaipa), the date of the order or other notice describing the property violation or nuisance in question, the street address and assessor's parcel number of the subject property, and the name and address of the recorded owner of the property. (d) A copy of the resolution shall be served on the property owner, along with notice that the property may be sold after five years by the tax collector for unpaid delinquent assessments. If the owner of record cannot be found after diligent search, then the notice shall be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in San Bernardino County.
The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.
(e) The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the assessment shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. (f) The interest rate set for money judgments in Code of Civil Procedure Section 685.010 shall accrue on the principal amount of the lien until satisfied pursuant to law. (g) The city may, subject to the requirements applicable to the sale of property pursuant to Revenue and Taxation Code Section 3691, conduct a sale of vacant residential developed property for which the payment of the assessment is delinquent.
(h) The resolution adopted by the city council under this section shall be entitled to recordation.
1.12.1360 REPAYMENT TO CODE ENFORCEMENT CIVIL PENALTIES FUND.
All monies recovered by payment of the charge or assessment or from the sale or transfer of the property shall be remitted to the city finance director who shall credit the appropriate amount to the code enforcement civil penalties fund provided for in 16, or alternatively use the monies to reimburse the department responsible for the subject code enforcement action where appropriate.
1.12.1370 SATISFACTION OF LIEN/SPECIAL ASSESSMENT.
Once payment in full is received by the city for the outstanding debt, the finance director or his designee shall:
(a) With respect to a lien, either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the county recorder. Such notice of satisfaction shall cancel the city's lien; and (b) With respect to a special assessment, provide written notice to the tax collector that the special assessment amount has been paid in full and should no longer be imposed against the subject property. Such written notice shall cancel the city's special assessment.
Sections:
1.12.1400
1.12.1410
Division 14
ATTORNEYS' FEES AND COSTS
DECLARATION OF PURPOSE.
RECOVERY OF COSTS.
1.12.1400 DECLARATION OF PURPOSE.
The city council hereby finds that there is a need to recover costs and fees incurred by the city to abate public nuisances. The city council further finds that the recovery of attorneys' fees in nuisance abatement actions and proceedings will further the strong public policy of encouraging the abatement of public nuisances in the city, will facilitate the city's efforts to maintain effective and efficient nuisance abatement programs within the city and will, accordingly, serve as an effective deterrent to the maintenance of public nuisances.
1.12.1410 RECOVERY OF COSTS.
Pursuant to California Government Code Section 38773.5, or its successor statutes, in any action, administrative proceeding or special proceeding to abate a public nuisance wherein the city elects at the initiation of the action or proceeding to seek recovery of its attorneys' fees, the prevailing party shall be entitled to recover the amount of its reasonable attorneys' fees incurred in the action or proceeding.
Division 15
CODE COMPLIANCE COST RECOVERY
Sections:
1.12.1500 CODE COMPLIANCE COSTS.
1.12.1510 DECLARATION OF PURPOSE.
1.12.1520 AUTHORIZATION.
1.12.1530 ASSESSMENT OF CODE COMPLIANCE COSTS.
1.12.1540 NOTICE OF ASSESSMENT OF CODE COMPLIANCE COSTS.
1.12.1550 FAILURE TO PAY CODE COMPLIANCE COSTS.
1.12.1560 COLLECTION OF CODE COMPLIANCE COSTS.
1.12.1570 PAYMENT TO CODE ENFORCEMENT CIVIL PENALTIES AND COST RECOVERY FUND.
1.12.1500 CODE COMPLIANCE COSTS.
This Division governs the general procedures for recovering code compliance costs incurred by the city unless other provisions of this code establish another specific procedure for a particular type of code compliance cost recovery.
1.12.1510 DECLARATION OF PURPOSE.
The city council finds there is a need to recover costs, including legal costs, incurred by enforcement officials and other city personnel, who spend considerable time and resources in an effort to ensure that compliance with the Yucaipa Municipal Code or applicable state codes has been obtained.
1.12.1520 AUTHORIZATION.
Whenever an enforcement official determines a property to be in violation of provisions of the Yucaipa Municipal Code or applicable state codes and those violations have been listed in a notice of violation, the enforcement official shall assess code compliance costs against the responsible person or property owner.
1.12.1530 ASSESSMENT OF CODE COMPLIANCE COSTS.
A code compliance cost fee schedule shall be established and revised as necessary by the city council to reflect current actual costs. The fee schedule shall be filed in, and available for public review at, the city clerk's office.
1.12.1540 NOTICE OF ASSESSMENT OF CODE COMPLIANCE COSTS. (a) Where the assessment of code compliance costs is authorized under this Division, the appropriate city enforcement official shall provide the responsible person with a written notice of the amount of costs assessed. The written notice shall contain the following information:
(1) An itemized list of the amounts charged;
(2) The corresponding dates when code compliance costs were incurred; (3) A deadline by which the costs must be paid; and
(4) Notice that additional fees may be charged for late payment. (b) Service of notice of the code compliance cost assessment shall be provided to the responsible person or property owner by any of the means outlined in Division 3. (c) Code compliance costs may be assessed as part of any judicial or administrative enforcement action as provided for in this Division.
(d) The failure of any responsible person or property owner to receive notice of the code compliance cost assessment shall not affect the validity of any costs imposed under this Division.
1.12.1550 FAILURE TO PAY CODE COMPLIANCE COSTS.
The failure of any person to pay code compliance cost assessment by the deadline specified in the written notice shall result in the assessment of an additional late fee. The amount of the late fee shall be established by the city council.
1.12.1560 COLLECTION OF CODE COMPLIANCE COSTS.
The enforcement official shall collect the assessed code compliance costs and late fees by the use of all appropriate legal means, including but not limited to referral to the city finance department or city attorney for collection or by lien or special assessment pursuant to Division 13.
1.12.1570 PAYMENT TO CODE ENFORCEMENT CIVIL PENALTIES AND COST RECOVERY FUND.
All code compliance costs and late fees recovered shall be deposited into the General Fund.
Reserved.
Sections:
1.12.1700
1.12.1710
Division 16
Division 17
PRIVATE NUISANCE ABATEMENT
Private nuisance.
Private nuisance abatement.
1.12.1700 PRIVATE NUISANCE.
No person on private property shall engage in any activity or create any condition which unreasonably disturbs, or would tend to unreasonably disturb, a person of reasonable sensibilities on private property in the same vicinity, or which is so harsh, prolonged, unnatural or unusual in use, time or place as to cause physical discomfort to such person on private property in the same vicinity, if the disturbing activity or condition can be eliminated or ameliorated with reasonable accommodation on the part of the disturbing party. As used in this Division, an unreasonably disturbing activity or condition shall include the emission of harsh, prolonged or unusual lighting from privately owned property, the emission of unreasonably loud, prolonged or unusual noise from privately owned property, or the emission of noxious, foul or nauseating odors, vapors, smoke or fumes from privately owned property.
1.12.1710 PRIVATE NUISANCE ABATEMENT
(a) Subject to the requirement of subsection (b), any person who is unreasonably disturbed, or whose property is damaged, by private nuisance activity or a private nuisance condition existing on private property as defined in Section 1.12.1700 may bring a private nuisance cause of action for damages and/or injunctive relief to abate that private nuisance. (b) Any person who intends to institute a private nuisance lawsuit pursuant to subsection (a) shall first attempt to informally resolve the dispute with the person or persons allegedly responsible for the nuisance including, if agreed to by the person allegedly responsible for the nuisance, submitting the dispute to mediation. If mediation is not successful or if the person allegedly responsible for the nuisance does not agree to mediation, a private nuisance lawsuit pursuant to subsection (a) may be initiated.
E. Code Enforcement: Chapter 1.13 of the Yucaipa Municipal Code is hereby repealed in its entirety.
F. City Seal and Logo: Chapter 1.14 of the Yucaipa Municipal Code is hereby added to read as set forth below:
CHAPTER 1.14
CITY SEAL AND LOGO
1.14.010 City Seal, Logo and Images.
(a) The city shall have and does hereby adopt an official seal and logo in the form on file with the City Clerk. The City Clerk shall be the official custodian of the seal and the City Manager shall be the custodian of the logo.
(b) The city shall from time to time cause to be created images to represent the city that are not the official city seal or logo as referenced in subsections (a) of this section, but have been commissioned to celebrate and/or commemorate notable occasions of or relating to the city. The city manager or his/her designee shall be the official custodian of such images.
1.14.020 Property of the City.
The city seal, city logo and city images are the property of the City of Yucaipa. These images may share design elements but are used for different purposes. The seal is used for purposes of certifying official records and instruments of the city. The city logo and city images are graphic symbols used to identify city programs, initiatives, partnerships and sponsorships. These images are proprietary and shall not be used in any manner except for the official business of the city, and any other use(s) permitted by the city manager consistent with this Ordinance.
1.14.030 Unauthorized Use Prohibited.
It shall be unlawful for any person to make or use the city seal, city logo, and/or city images, or any cut, facsimile or reproduction thereof, or make or use any design, symbol, emblem, insignia or similar device that is an imitation of said city seal, city logo, and city images, or that may be mistaken therefore, that is designed, intended or likely to confuse, deceive or mislead the public, for private or commercial purposes, or for any purpose other than for the official business of the city, its council, officers or departments, without the express written consent of the city clerk (seal only), city manager or their designees.
1.14.040 Administrative Policies.
The city manager is authorized to develop, implement and administer appropriate policies and guidelines for use of the city logo and city images, including without limitation use in multi - communication mediums by authorized outside entities. Any person granted consent to use the city logo and/or city images shall fully comply with such policies and guidelines.
1.14.050 Remedies and Penalties.
The city reserves all legal and equitable remedies available under state and federal laws for the protection of its intellectual property. Additionally, any person or entity violating this Chapter shall be subject to a minimum mandatory fine of not less than one hundred dollars ($100.00) per day, nor more than one thousand dollars ($1000.00) per day for each day the city seal, city logo or city images is unlawfully used.
G. Digital Records. Chapter 1.16 is hereby added to the Yucaipa Municipal Code to read as follows:
1.16.010 Digital signatures.
(a) The use of a digital signature that complies with Government Code Section 16.5, California Code of Regulations, title 2, sections 22000 - 22005, and Civil Code sections 1633.1 - 1633.17 will have the same force and effect as the use of a manual signature using ink applied to paper. For purposes of this section, a digital signature is a type of electronic signature as defined by the Uniform Electronic Transactions Act.
(b) The City Manager will, in consultation with the City Clerk, identify acceptable technologies and vendors to provide the means for employing digital signatures under this section,
consistent with industry best practices, to ensure the security and integrity of the data and the signature, identify the documents for which the city will accept digital signatures, and determine in writing which employees will be issued a digital signature and such writing will be filed with the City Clerk.
1.16.020 Authorization to Electronically Sign.
The City Council authorizes the Mayor and City Manager to sign any written contracts and conveyances approved by the City Council on the city's behalf or otherwise within the Mayor and City Manager's authority as described elsewhere in this code. The City Manager may delegate in writing his or her authority to sign any written contract and conveyance to a city staff member.
1.16.100 Authorization for the Use of Electronic Records (a) Electronic Records Authorized
The City Council hereby authorizes the use, creation, and maintenance of electronic records for all official City records, documents, and files, provided that such electronic records meet the standards and requirements outlined in this Code and applicable state and federal laws. (b) Legal Status of Electronic Records
Electronic records created, stored, and maintained in accordance with this Code and applicable laws shall have the same legal status, effect, and enforceability as their original hard copy counterparts, and may be used in place of paper records for all City purposes, including public access, litigation, and administrative matters.
(c) Standards for Electronic Records
Electronic records shall be created, maintained, and stored using systems that:
1. Ensure the accuracy, legibility, and completeness of the original document or record.
2. Provide secure access controls to protect the records from unauthorized access, alteration, deletion, or destruction.
3. Include an indexing or retrieval system to facilitate efficient and accurate access to records for the duration of their required retention period.
4. Include regular data backup and disaster recovery procedures to protect records from accidental loss, damage, or destruction.
1.16.110 Destruction of Hard Copies After Electronic Record Creation (a) Authorization to Destroy Hard Copies
The City Clerk is authorized to destroy original hard copies of City records after an electronic version of the record has been created and stored, provided that the following conditions are met:
1. The electronic record is a complete, accurate, and legible reproduction of the original hard copy, including all signatures, notations, and attachments, if applicable.
2. The electronic record is maintained in a secure and reliable electronic records management system that complies with the standards outlined in this Chapter.
3. The retention period for the record, as specified in the City's records retention schedule, is not shorter than the retention period required for the original hard copy.
4. The original hard copy is not required to be maintained by law, regulation, or court order.
5. The destruction of hard copies of City records pursuant to this ordinance shall comply with the requirements of California Government Code §§ 34090 and 34090.5, and any other applicable state or federal laws, including any records retention schedule adopted by the City Council.
(b) Records Eligible for Destruction
The following categories of records may be destroyed after digitization, unless prohibited by law or otherwise specified in the City's retention schedule:
1. Routine administrative records, correspondence, and reports.
2. Financial records, including receipts, invoices, and accounting documents, that are eligible for electronic storage under state law.
3. Contracts, agreements, and other legally binding documents, provided the electronic record meets the legal standards for enforceability.
4. Any other record for which the original hard copy is not legally required to be preserved. (c) Prohibited Destruction of Hard Copies
The City Clerk shall not authorize the destruction of original hard copy records in the following circumstances:
1. The original hard copy is required by law or regulation to be maintained in its original format.
2. The records are subject to ongoing or anticipated litigation, audits, claims, or investigations, or are otherwise under a legal hold.
3. The records are deemed to be of historical significance, or are otherwise identified for permanent retention in hard copy form under the City's retention schedule.
1.16.120 Procedures for Scanning, Storage, and Certification of Electronic Records (a) Scanning Procedures
The City Clerk shall ensure that all records digitized and stored electronically are scanned at a resolution and quality sufficient to ensure that the electronic copy is a true, accurate, and complete representation of the original record, including any details such as signatures, dates, and annotations.
(b) Certification of Electronic Records
The City Clerk shall certify that the scanned electronic records are true and complete copies of the original hard copy records prior to authorizing the destruction of the originals. This certification must be kept with the electronic record and shall be available for review by authorized personnel. (c)
Storage of Electronic Records
The City Clerk shall ensure that electronic records are stored in a secure and reliable manner, meeting the following criteria:
1. Compliance with applicable state and federal laws concerning electronic records and records retention, including but not limited to California Government Code § § 34090 and 34090.5.
2. Implementation of appropriate backup, security, and disaster recovery measures to safeguard records against loss, destruction, or unauthorized access.
3. Accessibility of the electronic records for the entire duration of the applicable retention period, and the ability to produce paper or electronic copies upon request.
1.16.130 Record of Destruction
(a) Recordkeeping of Destroyed Hard Copies
The City Clerk shall maintain a detailed log of all original hard copy records destroyed pursuant to this ordinance. The log shall include:
1. A description of the records destroyed, including the type of record and relevant dates.
2. The date the records were scanned into an electronic system.
3. The date the original hard copies were destroyed.
4. The certification that the electronic copy is a true and accurate reproduction of the original hard copy.
(b) Public Access to Records
The log of destroyed records shall be made available for public inspection in accordance with the California Public Records Act and the City's records management policies.
H. City Council: Chapter 2.04 of the Yucaipa Municipal Code shall be amended to read as follows:
CHAPTER 2.04
THE CITY COUNCIL
2.04.010 Time and Place of Regular Meetings.
(a) The regular meeting days and times for the City Council of the City of Yucaipa shall be on the days and times specified by resolution of the City Council. (b) The regular meeting place of the City Council of the City of Yucaipa shall be in the Yucaipa City Council Chambers, located at City Hall, unless such other location is noticed on the agenda.
2.04.020 Compensation
(a) Purpose. The ordinance codified in this section is enacted pursuant to Section 36516 of the Government Code, which authorizes a city council to provide by ordinance that each member of the council may receive a compensation based upon the population of the city as determined by census or by a certified estimate made by the State Department of Finance.
(b) Population. On the date the ordinance codified in this section is adopted, the latest estimate of population of the city of Yucaipa made by the State Department of Finance is 51,784. (c) Compensation. Each member of the city council shall receive the sum of five hundred dollars ($500.00) per month. The compensation is payable at the same time and in the same manner as the compensation paid to each of the officers and employees of the city. (d) Increase or Decrease. Increases and decreases in the city council compensation shall be in conformance with Sections 36516 and 36516.5 of the Government Code. The effective date of an adjustment in the compensation of the city council members is delayed pursuant to Section 36516 until one council member commences a new term of office when such adjustment is by an ordinance adopted in accordance with this section and is based on an increase in the city's population.
(e) Reimbursement. The salaries prescribed by this section are exclusive of any other amount payable to a member of the city council as reimbursement for actual and necessary expenses incurred by him or her in the performance of his or her official duties. (Ord. 270 §§ 1-5, 2007)
2.04.030 Appointment of Mayor and Mayor Pro Tem
(a) Each year during the month of December, the City Council shall appoint one of its members as Mayor and one of its members as Mayor Pro Tem for the following calendar year. (b) Should a majority of the City Council vote to remove the then -serving Mayor or Mayor Pro Tem from their position, or the then -serving Mayor or Mayor Pro Tem vacate their office of City Councilmember, or should the member serving as Mayor or Mayor Pro Tem resign their service as Mayor or Mayor Pro Tem during their term, the City Council shall by majority vote select another member to fill the position for the remainder of that year.
2.04.040 Appointment Procedures for Filling Vacancy
(a) Announcement of Vacancy and Invitation for Applications. Upon the City Clerk receiving a written resignation from a Councilmember, or upon the death of a Councilmember, or upon the determination by the City Council that a vacancy exists for some other reason, the Clerk shall post a notice of the vacancy and invite applications from Yucaipa residents residing in said District for appointment to the vacancy. The City Clerk shall provide an application form to any person qualified for appointment who requests an application. The application forms shall generally follow the content of application forms for appointment to other City committees or commissions, and specify the applicant's name, address, contact information, interest in the position, qualifications and other pertinent information. The application form shall state that any applications submitted are deemed to be public records and available for public inspection and copying.
(b) Consideration of Applications. The City Council, at a meeting set either by the Mayor or by the City Council, may consider the applications received during any regular or special meeting of the City Council. The City Council may conduct public interviews of the candidates and the public shall have the opportunity to comment upon the candidates as a part of the agenda item. If the City Council determines to appoint a candidate to fill a vacancy, it shall do so within sixty (60) calendar days of the effective date of the vacancy. In the case of a resignation, the effective date of the resignation shall be the date specified in the resignation for its effectiveness to occur. An appointment will be deemed to have been made upon a motion made and seconded and having received at least a majority of the City Councilmembers present. Upon an appointment having been made, the successful candidate shall, at that meeting or at a subsequent regular City Council meeting, take the oath of office and be seated with the City Council. No appointment shall be deemed to have been completed and become effective until the appointee takes the oath of office. (c) Nothing in subsection (a) or (b) above shall be construed to limit the ability or interfere with the right of the City Council to make a direct appointment without considering applications or to call a special election for the purpose of filling the vacancy. (d) Powers and Duties. Any person appointed to the City Council shall serve the unexpired term of the Councilmember who has been replaced. The appointed Councilmember shall have all of the rights, privileges and duties of an elected Councilmember. The City Council may appoint the appointed Councilmember to the committee assignments held by his/her predecessor, or may
determine to make other committee appointments, or no committee appointments. The appointed Councilmember shall complete and file all conflict of interest disclosure forms as are required by law and shall be bound by and obey all other requirements pertaining to membership on the City Council.
I. City Manager: Chapter 2.08 of the Yucaipa Municipal Code shall be amended to read as follows:
CHAPTER 2.08
CITY MANAGER
2.08.010 Position Created.
(a) The position of the City Manager of the City of Yucaipa is hereby created and established pursuant to Government Code Section 34851, et seq.
(b) The city manager and acting city manager shall furnish a corporate surety bond in such sum as may be determined by the city council, and shall be conditioned upon the faithful performance of the duties imposed upon the city manager and acting city manager as herein prescribed. Any premium for such bond shall be a proper charge against the city.
2.08.020 Acting City Manager.
(a) The City Manager shall have on file with the Mayor, City Attorney, and the City Clerk a written designation of one of the officers or department heads of the City to serve as Acting City Manager during any temporary absence or disability of the City Manager. (b) In case of the absence or disability of the City Manager and failure to designate an Acting City Manager, or in the case of the absence or disability of the City Manager for more than 30 calendar days, the City Council may designate some qualified City employee to perform the duties of the City Manager during the period of absence or disability of said City Manager.
2.08.030 Compensation.
The City Manager shall receive such compensation as the City Council shall from time to time determine. In addition, the City Manager shall be reimbursed for all actual and necessary expenses incurred in the performance of official duties.
2.08.040 Powers and Duties.
The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this chapter. He or she shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in the following subsections.
(a) Law Enforcement. It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.
(b) Authority Over Employees. It shall be the duty of the city manager, and he or she shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his or her jurisdiction through their department heads.
(c) Power of Appointment and Removal. It shall be the duty of the city manager to, and he or she shall appoint, remove, promote and demote any and all officers and employees of the city, except the city attorney.
(d) Administrative Reorganization of Offices. It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.
(e) Ordinances. It shall be the duty of the city manager and he or she shall recommend to the city council for adoption such measures and ordinances as he or she deems necessary. (f) Attendance at Council Meetings. It shall be the duty of the city manager to attend all meetings of the city council unless at his or her request he or she is excused there from by the mayor individually or the city council, except when his or her removal is under consideration. (g) Financial Reports. The City Manager shall serve as the City Treasurer and it shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city.
(h) Budget. It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval. (i) Expenditure Control and Purchasing. It shall be the duty of the city manager to see that no expenditures shall be submitted or recommended to the city council except on approval of the city manager or his or her authorized representative. The city manager, or his or her authorized representative, shall be responsible for the purchase of all supplies for all departments or divisions of the city.
(j) Investigations and Complaints. It shall be the duty of the city manager to make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city. Further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city. (k) Public Buildings. It shall be the duty of the city manager and he or she shall exercise general supervision over all public buildings, public parks, and all other public property which are under the control and jurisdiction of the city council.
(1) Additional Duties. It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the city council.
2.08.050 Internal Relations.
(a) Council -Manager Relations. The City Council and its members shall deal with the administrative services of the City through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Manager. The City Manager shall take orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council, and no individual councilmember shall give any orders or instructions to the City Manager. (b) Department Cooperation. It shall be the duty of all subordinate officers to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously. (c) Attendance at Commission Meetings. The City Manager may attend any and all meetings of the Planning Commission and any other commissions, boards or committees created by the City Council. At such meetings, the City Manager shall be heard by such commissions, boards or committees as to all matters the City Manager wishes to address to the members thereof, and inform the members as to the status of the matter being considered by the City Council. The City Manager shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the City Council.
2.08.060 Termination.
The City Manager may be terminated by the City Council at any time subject to such conditions which may be agreed to pursuant to Section 2.08.070.
2.08.070 Agreement on Employment.
Nothing in this section shall be construed as a limitation on the power or authority of the City Council to enter into any agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provision of this chapter.
J. Other Officers: Chapter 2.10 of the Yucaipa Municipal Code shall be added to read as follows:
CHAPTER 2.10
CITY OFFICERS
2.10.010 City Clerk.
(a) The office of the City Clerk is created and established pursuant to Government Code Section 34856.
(b) The City Manager shall have the power to appoint and remove the City Clerk as well as any deputies as may be necessary for the efficient discharge of the duties of the office.
2.10.020 City Clerk Functions.
The City Clerk shall have all of the powers, duties, and responsibilities granted to and imposed upon the office of the City Clerk by the provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the Government Code of the State, other general laws of the State, the provisions of this Code, and the ordinances and resolutions of the City Council; provided, however, pursuant to the provisions of Section 40805.5 of the Government Code, the financial and accounting duties imposed upon the City Clerk by Sections 40802 through 40805 of the Government Code shall be performed by the Finance Director.
The principal functions of the City Clerk shall be to:
(a) Attend all meetings of the City Council and be responsible for the recording and maintaining of a record of all the actions of the Council; (b) Keep all ordinances and resolutions of the Council in such a manner that the information contained therein will be readily accessible and open to the public. The City Clerk shall attach to the original copy of each ordinance a certificate which shall state the date the ordinance was adopted and, as to an ordinance requiring publication, that the ordinance has been published or posted in accordance with law;
(c) Keep all records of the Council and of the office of the City Clerk in such manner that the information contained therein will be readily accessible and open to the public until such time as any of the records may be destroyed, or reproduced and the original destroyed, in accordance with State law;
(d) Serve as the official custodian of all City records; (e) Be the custodian of the seal of the City;
(f) Prepare the Council agendas under the direction of the City Manager; (g) Perform the duties prescribed by the Elections Code of the State in conducting municipal elections;
(h)
(i)
G)
Perform the duties imposed upon City clerks by the California Political Reform Act; Be responsible for the publication of all the official advertising of the City; Be responsible for the maintenance and distribution of the Municipal Code. The City Clerk is hereby authorized, without further action by the City Council, to correct any typographical, clerical, or grammatical errors in the Code. Such corrections shall not alter the substance or meaning of the ordinance. The City Clerk is further authorized, without further action by the City Council, to make modifications to the numbering, formatting, and internal references in this Code, as may be necessary to ensure consistency. This may include renumbering sections, subsections, paragraphs, and cross-references, provided that no substantive changes are made;
(k) Process and refer to the City Manager all claims filed against the City and its officers, agents, or employees, pursuant to the provisions of Chapter 1 of Part 3 of Division 3 of Title 1 of the Government Code of the State and Chapter 3.12 of Title 3 of this Code; and (1) Perform such other duties consistent with this Code as may be required of the City Clerk by the City Council.
2.10.100 Finance Director
(a) The office of Finance Director is hereby created and established. (b) The City Manager shall have the power to appoint and remove the Finance Director as well as any deputies as may be necessary for the efficient discharge of the duties of the office.
2.10.110 Finance Director Functions
(a) The Finance Director shall serve as a Deputy City Treasurer, and assist the City Manager in performing those duties described in Sections 41001 through 41007 of the Government Code. (b) The Finance Director shall perform such duties as may be from time to time delegated by the City Manager, including but not limited to, those duties described in Government Code Sections 40802, 40804, 40805, 36522 and 37201 through 37210. (c) The Finance Director shall perform such other duties as may be provided in the class specifications for the Finance Director as may be adopted by the City Council from time to time.
2.10.200 City Attorney
(a) The office of the City Attorney is hereby established for the City of Yucaipa. The City Attorney shall serve as the chief legal advisor to the City Council, the City Manager, and all City departments, commissions, and agencies, and shall perform such other legal duties as may be required by law and the City Council.
(b) The City Attorney shall be appointed by, and serve at the pleasure of, the City Council.
The City Attorney may be removed from office by a majority vote of the City Council. (c) The City Attorney must be an attorney licensed to practice law in the State of California and must be in good standing with the State Bar of California. The City Attorney have at least five years of experience in municipal law, including knowledge of the California Government Code, California Public Records Act, the Ralph M. Brown Act, and other laws governing the operation of cities in California.
2.10.220 City Attorney Functions
(a) The City Attorney shall serve as the legal advisor to the City Council, the City Manager, and all City departments, officers, employees, commissions, boards, and other bodies of the City.
The City Attorney shall render legal advice on all matters relating to the operation and governance of the City.
(b) The City Attorney shall represent and defend the City, its officers, employees, and agents in any legal or administrative proceeding in which the City is a party or has a legal interest, unless otherwise directed by the City Council. The City Attorney may engage outside legal counsel as necessary, subject to the appropriation of necessary funds by the City Council. (c) The City Attorney shall draft, review, and approve the form of all ordinances, resolutions, contracts, leases, deeds, and other legal documents affecting the City. (d) The City Attorney upon approval of the City Council, is authorized to initiate, prosecute, and enforce any and all legal actions or proceedings in the name of the People of the State of California or the City of Yucaipa to ensure compliance with the City's municipal code, ordinances, resolutions, and other local regulations, as well as applicable state and federal laws within the City's jurisdiction. This authority includes, but is not limited to, civil, criminal, and administrative actions necessary to abate nuisances, recover penalties, or seek injunctive or declaratory relief. (e) The City Attorney shall attend all meetings of the City Council, unless excused by the City Council, and shall attend such other meetings of City boards, commissions, or committees as requested by the City Council or City Manager.
(f) The City Attorney shall conduct investigations as directed by the City Council or City Manager and shall provide written or oral legal opinions as requested by the City Council or the City Manager.
(g) The City Attorney shall perform such other legal duties as may be assigned by the City Council or required by state law or the City's municipal code.
K. Parks and Recreation Commission. Chapter 2.12 of the Yucaipa Municipal Code is hereby amended to read as follows:
2.12.010 Park and recreation commission created.
There is created and established in the city a park and recreation commission.
2.12.020 Membership and term of office.
The park and recreation commission shall consist of six members, five of which shall be appointed one by each city councilmember. The sixth member shall be a high school or college student, attending school in the city of Yucaipa, appointed by the city council as a body, upon recommendation of the remainder of the park and recreation commission. The terms of office and the expiration of the terms shall be established by resolution of the city council
2.12.030 Membership —Position to be nonsalaried.
Members of the park and recreation commission shall receive no salary; provided, however, that nothing in this chapter shall preclude reimbursement to any member of the park and recreation commission for actual and necessary expenses incurred in the performance of official duties by the commission on behalf of the city.
2.12.060 Powers and duties.
The park and recreation commission shall have the following powers and duties:
A. Recommend policies and procedures to the city council for the operation, use and management of all recreation activities, facilities, parks, parkways, open space and trails; and making recommendations to the city council on existing policies and procedures; B. Assist staff in drafting and submitting an annual budget for park and recreation activities, including a long range capital improvement program;
C. Review joint use agreements for park and recreational facilities with the county, school district, community college district, and other persons, organizations and agencies; D. Recommend policies to the city council for the acquisition, development and improvement of city parks and recreational facilities and making recommendations to the city council on existing policies;
E. Review and make recommendations to the city council regarding fees and charges for park and recreation services and the use of facilities;
F. Assist in the development of open space and public facilities elements of the city's general plan by reviewing those elements and making recommendations to the city council; G. Perform other duties and undertake studies as requested by the city council.
2.12.070 Secretary.
The city manager, or designee, shall act as secretary to the park and recreation commission, and shall be the custodian of its records, conduct official correspondence, and coordinate the clerical and technical work of the commission in administering the provisions of this chapter.
2.12.080 Chairperson and vice -chairperson —Selection and terms. (a) Annually, the Parks and Recreation Commission shall appoint one of its members as Chairperson and one of its members as Vice -Chairperson for the year. (b) Should a majority of the Commission vote to remove the then -serving Chairperson or Vice - Chairperson from their position, the then -serving Chairperson or Vice -Chairperson vacate their office Commissioner, or should the member serving as Chairperson or Vice -Chairperson resign their service as Chairperson or Vice -Chairperson during their term, the Commission shall by majority vote select another member to fill the position for the remainder of that year.
2.12.090 Commission subcommittees.
The park and recreation commission may form subcommittees of its own members, to deal with any issue within the powers and duties of the commission as defined by this chapter.
2.12.100 Meetings.
Regular meetings of the park and recreation commission shall be scheduled at least once a month.
L. City Investments. Chapter 3.06 of the Yucaipa Municipal Code shall be added to read as follows:
CHAPTER 3.06
CITY INVESTMENTS
3.06.010 Investment of City Funds.
(a) Pursuant to Government Code § 53601, the City Council has the authority to invest or reinvest City funds. This authority may be delegated to the City Treasurer. The City Treasurer shall have the duty to enforce the investment policy of the City as may be adopted from time to time by the City Council. The City Council may review the City's investment policy during its consideration of the annual budget or such other time as determined by the City Council. The City Treasurer shall have the duty to recommend additions, deletions or modifications to the investment policy for consideration by the City Council. The City Treasurer shall perform those duties established by the general laws of the state relating to the management and investment of city money.
(b) If the City Council delegates its authority to invest or reinvest City funds to the City Treasurer, the City Treasurer shall present monthly reports on investments to the City Council.
M. Claims: Section 3.08.030 of the Yucaipa Municipal Code is hereby amended to read as follows:
3.08.030. Special claims procedures.
Pursuant to the authority contained in Cal. Gov't Code § 935, the following claims procedures are established for those claims against the City for money or damages not now governed by State or local laws:
(a) Employee claims. Notwithstanding the exceptions contained in Cal. Gov't Code § 905, all claims by public officers or employees for fees, salaries, wages, overtime pay, holiday pay, compensating time off, vacation pay, sick leave pay, and any other expenses or allowances claimed due from the City, when a procedure for processing such claims is not otherwise provided by State or local laws, shall be presented within the time limitations and in the manner prescribed by Cal.
Gov't Code §§ 910 through 915.2. Such claims shall further be subject to the provisions of Cal.
Gov't Code § 945.4 relating to the prohibition of suits in the absence of the presentation of claims and action thereon.
(b) Contract and other claims. In addition to the requirements of subsection (a) of this section, and notwithstanding the exemptions set forth in Cal. Gov't Code § 905, all claims against the City for damages or money, when a procedure for processing such claims is not otherwise provided by State or local laws, shall be presented within the time limitations and in the manner prescribed by Cal. Gov't Code §§ 910 through 915.2. Such claims shall further be subject to the provisions of Cal. Gov't Code § 945.4 relating to the prohibition of suits in the absence of the presentation of claims and action thereon.
(c) Nothing herein shall permit the filing of a claim or action on behalf of a class or group.
N. Claims: Section 3.08.050 of the Yucaipa Municipal Code is hereby amended to read as follows:
3.08.050. Claims covered by insurance.
All claims filed with the City Clerk, which claims are covered by insurance, shall be forwarded by the City Clerk, after action thereon by the City Manager or his or her designee, to the appropriate insurance carrier for handling and further processing.
O. Claims: Section 3.08.070 is hereby added to the Yucaipa Municipal Code to read as follows:
3.08.070 No enjoining collection of taxes, assessments, or fees/payments required as condition to filing suit.
Notwithstanding any other provision of this Code, no injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the city or an officer thereof, to prevent or enjoin the collection of taxes, assessments, or fees (whether established by ordinance, resolution or other action of the City) which are sought to be collected from any person, or are otherwise due and owing from any person to the City pursuant to this Code or otherwise, and payment of all said taxes, assessments, fees, plus any interest and penalties shall be required as a condition precedent to seeking judicial review of any tax, assessment or fee liability. For purposes of this section, the term "City" shall include, but not be limited to any agency, district or entity formed or governed by the City.
P. Definition of Vehicle: The definition of vehicle in Section 12.04.010 shall be amended to read as follows:
"Vehicle" means any device by which a person or property may be propelled, moved, or drawn upon a highway, roadway, or other surface, including but not limited to automobiles, trucks, motorcycles, mopeds, motorized scooters, off -road vehicles, bicycles, electric bicycles, skateboards, or any similar mode of transportation, whether motorized or non -motorized.
This definition excludes:
Devices moved exclusively by human power (such as wheelchairs, strollers, or walkers) intended for the use of individuals with mobility disabilities.
Emergency vehicles or vehicles authorized by the City for maintenance, law enforcement, or public safety purposes.
Vehicles otherwise authorized by special permit or city regulation for specific events or uses within the park.
Q. Definition of Recreational Facilities: A definition for Recreational Facilities shall be added to Section 12.04.010 to read as follows:
Recreational Facility means any area of land or water owned, leased, managed, or maintained by the City, designated or used for public recreational purposes, including but not limited to public parks, playgrounds, open spaces, nature reserves, trails, beaches, sports fields, golf courses, dog parks, public plazas, picnic areas, athletic courts, swimming pools, community centers, amphitheater, concert venues, performing arts centers and any associated structures, buildings, parking areas, or other facilities within these spaces.
R. Animals in Recreational Facilities: Section 12.04.070 is hereby amended to read as follows:
12.04.070 Animals Prohibited -Exceptions.
No person shall cause, permit or allow any animal owned or possessed by him, or any animal in his care, custody, or control to be present in a Recreational Facility except:
(a) Horses (equine animals) upon bridle paths or other designated trails, hitched or fasted at a designated location, or at a Recreational Facility designated for horseback riding, equestrian training, or related activities
(b) Dogs or cats when led by a leash, cord or chain not more than six feet long, or when confined within the interior of a vehicle.
(c) Dogs are permitted in areas specifically designated and posted by the City as dog parks or off -leash dog areas, subject to applicable rules and regulations governing the use of such areas. (d) Animals under the control of law enforcement personnel, emergency personnel, or other government agencies performing official duties within a Recreational Facility. (e) Animals that are individually trained to perform tasks or provide assistance to a person with a disability, as defined by the Americans with Disabilities Act (ADA), are permitted in all areas open to the public, including recreational facilities. (f) Small pets which are always kept on the person of the possessor at all times.
(g) As otherwise authorized by special permit or city regulation for specific events or uses within the Recreational Facility.
S. Emergency Services and Organization: Chapter 8.36 is hereby amended to read as follows:
CHAPTER 8.36
EMERGENCY ORGANIZATION AND FUNCTIONS
8.36.010 Purpose.
The declared purposes of this chapter are to comply with the provisions of the California Emergency Services Act, Title Two, Division One, Chapter Seven of the Government Code of the State of California (commencing with Section 8585.5 or successor legislation) and to provide for the preparation and carrying out of plans for the protection of persons and property within this City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons.
8.36.020 Definition of Emergency.
As used in this chapter "Emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat. A declared emergency by the City Council shall continue until rescinded by the City Council.
8.36.030 Reserved.
8.36.040 Emergency Plan.
The Director of Emergency Services shall develop and recommend for adoption by the City Council emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.
8.36.050 Director and Assistant Director of Emergency Services. (a) There is hereby created the Office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.
(b) There is hereby created the Office of Assistant Director of Emergency Services, who shall be appointed by the Director of Emergency Services.
8.36.060
Services.
Powers and Duties of the Director and Assistant Director of Emergency (a) The Director of Emergency Services is hereby empowered to:
(1) Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.
(2) Request the Governor to proclaim a State of Emergency when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. (3) Control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this section.
(4) Direct cooperation between and coordination of services and staff of the emergency organization of this City and resolve questions of authority and responsibility that may arise between them.
(5) Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
(6) In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the Governor or the Secretary of the California Emergency Management Agency, or the existence of a state of war emergency, the Director is empowered to:
A. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; B. Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property, and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; C. Require emergency services of any City officer or employee and in the event of the proclamation of a State of Emergency in the County in which this City is located or the existence of a State of War Emergency, to command the aid of as many citizens of this community as he/she deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers;
D. Requisition necessary personnel or material of any City department or agency; and
E. Execute all of the ordinary powers of City Manager, all of the special powers conferred upon him/her by this section or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him/her by any statute, by any agreement approved by the City Council, and by any other lawful authority. (b) The Emergency Operations Center Director shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his/her duties during an emergency. Such order of succession shall be approved by the City Council.
(c) The Assistant Director shall, under the supervision of the Director and with the assistance of Emergency Service Chiefs, develop emergency plans and manage the emergency programs of the City; and shall have such other powers and duties as may be assigned by the Director.
8.36.070 Emergency Organization.
All officers and employees of the City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section
8.36.060(a)(6), be charged with duties incident to the protection of life and property in the City during such emergency, shall constitute the emergency organization of the City of Yucaipa.
8.36.080 Emergency Plan.
The Director of Emergency Services shall be responsible for the development of the City of Yucaipa Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of the City, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council.
8.36.090 Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Yucaipa. This section modifies the City's normal purchasing practices to assure that, in both emergency and exigent circumstances caused by a proclaimed disaster or emergency, the City will able to acquire the goods and services required to address an immediate threat to life, public health or safety, or to eliminate/reduce an immediate threat of significant damage to improve public and private property through cost-effective measures while still maintaining an effective purchasing process and complying with applicable local and State purchasing laws. Where the City is included in a major disaster or emergency declared by the President of the United States, this policy also assures that City procurements comply with Federal
regulations applicable to FEMA disaster grant reimbursement as defined in Title 2 of the Code of Federal Regulations, Part 200 (2 CFR Part 200).
(a) A proclaimed disaster or emergency exists if the Governor has declared a state of emergency for an area which includes the geographic territory of the City; or the City Manager of the City has declared an emergency in the City;
(b) "Exigent circumstances" are situations in which a disaster or emergency has been proclaimed, and the public exigency for goods and services required to address an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures will not permit competitive solicitation.
8.36.100 Delegations of Purchasing Authority in Exigent Circumstances.
If the City Manager determines that goods and services must be procured before the City Council or its designee(s) is able to assemble and approve purchases, the City Manager has authority, subject to the limitations set forth in subsections (a) and (b) of this section, to approve the immediate rental or purchase of any equipment, supplies, services or other items necessary to respond to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost-effective measures.
(a) Limits of Single Purchasing Authority. The City Manager shall have the authority to make individual purchases up to $250,000 on his or her signature alone. The City Manager shall have the authority to make purchases in excess of $250,000 up to a maximum of $750,000 when approved by the City Council.
(b) Limits of Aggregate Purchasing Authority. The City Manager shall have the authority to make aggregate purchases up to $250,000 on his or her signature alone. Purchases in excess of $250,000 shall be approved by the City Council.
(c) Purchases made during a proclaimed emergency or disaster may be taken from the reserve balance of the Emergency Contingency Fund Balance to the extent they exceed previously budgeted items.
(d) If the City Manager is not available, the Fire Chief, the Police Chief, Director of Development Services and/or Police Department Watch Commander, have authority to rent or purchase from the nearest available source any equipment, supplies, services, or other items necessary to respond to an immediate threat to life, public health, or safety, or to eliminate/reduce an immediate threat of significant damage to improved public and private property through cost- effective measures, up to a maximum of $75,000.
8.36.110 Procurement Procedures in Exigent Circumstances.
Upon receipt of requisitions under Section 8.36.100, the Finance Director shall prepare purchase orders for the emergency equipment, supplies, services or other items in accordance with the requirements of this section and shall implement such competitive bidding procedures are in his or her judgment appropriate considering the circumstances.
8.36.120 Punishment of Violations.
It shall be a misdemeanor, punishable by a fine of not to exceed $1,000, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:
(a) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this section, or in the performance of any duty imposed upon him/her by virtue of this section. (b) Do any act forbidden by any lawful rule or regulation issued pursuant to this section, if such act is of such a nature as to be given or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of the City, or to prevent, hinder, or delay the defense or protection thereof.
(c) Wear, carry, or display, without authority, any means of identification specified by the Emergency Agency of the State.
T. Title 4 Language: Title 4 of the Yucaipa Municipal Code shall be amended to read as follows:
TITLE 4 TELECOMMUNICATIONS REGULATIONS
Chapter 4.04 — State Video Service Franchises
Sections:
4.04.005 General provisions.
4.04.010 Definitions.
4.04.015 Franchise fees.
4.04.020 Customer service.
4.04.030 Permits and construction.
4.04.040 Emergency alert system.
4.04.050 Public, educational, and government access channel capacity, support, interconnection, and signal carriage.
4.04.060 Notices.
4.04.005 General provisions.
(a) Purpose.
This Chapter is applicable to video service providers who have been awarded a state video franchise under the California Public Utilities Code Section 5800 et seq. (the Digital Infrastructure and Video Competition Act of 2006 ["DIVCA"]) to provide cable or video services in any location(s) within the incorporated boundaries of the city as that law may be amended from time to time. It is the purpose of this section to implement within the incorporated boundaries of the city the provisions of DIVCA and the rules of the California Public Utilities Commission promulgated thereunder that are applicable to a "local franchising entity" or a "local entity" as defined in DIVCA.
(b) Rights Reserved.
(1) The rights reserved to the city under this chapter are in addition to all other rights of the city, whether reserved by this title or authorized by law, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the city. (2) Except as otherwise provided by DIVCA, a state franchise shall not include, or be a substitute for:
A. Compliance with applicable requirements for the privilege of transacting and carrying on a business within the city, including, but not limited to, compliance with the conditions that the city may establish before facilities may be constructed for, or providing, nonvideo services;
B. Any permit or authorization required in connection with operations on or in public rights -of -way or public property, including, but not limited to, encroachment permits, street work permits, pole attachment permits and street cut permits; and C. Any permit, agreement or authorization for occupying any other property of the city or any private person to which access is not specifically granted by the state franchise. (3) No permit issued by the city to a state franchise holder is itself a franchise, nor shall any permit create a vested right that would prohibit the city from revoking or amending the permit. (c) Compliance with City Ordinances. Nothing contained in this Chapter shall be construed so as to exempt a state franchise holder from compliance with all ordinances, rules or regulations of the city now in effect or which may be hereafter adopted which are consistent with this Chapter or California Public Utilities Code Section 5800 et seq., or any obligations under any franchise issued by the city insofar as those obligations may be enforced under California Public Utilities Code Section 5800 et seq.
(d) Compliance with DIVCA. When a video service provider holding a state franchise provides notice to the city pursuant to 5840(m) of DIVCA that it is commencing to provide video service to the city, a holder of a local franchise is entitled to seek a state franchise pursuant to 5930(c) and upon issuance of a state franchise by the California Public Utilities Commission for the franchise area the local franchise shall terminate.
4.04.010 Definitions.
(a) Definitions Generally — Interpretation of Language. For purposes of this Chapter the following terms, phrases, words, and their derivations shall have the meaning given in this section.
Words not defined in this section shall have the same meaning as established in: (1) DIVCA, and if not defined therein, (2) California Public Utilities Commission rules implementing DIVCA, and if not defined therein, (3) Title VI of Title 47 of the Communications Act of 1934, as amended, 47 U.S.C. Section 521 et seq., and if not defined therein, (4) their common and ordinary meaning.
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and "including" and "include" are not limiting. The words "shall" and "will" are always mandatory, but the use of those terms grants no private rights to any person with respect to the city. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. (1) "Gross revenues" means all revenues actually received by the holder of a state franchise or its affiliates that are derived from the operation of the holder's network to provide cable service or video service within the incorporated areas of the city. (2) "PEG access," or "PEG," means the availability of a cable or state franchise holder's system for public, educational, or governmental use by various agencies, institutions, organizations, groups, and individuals, including organizations, groups, or individual members of the general public, educational institutions, and the city and its designated access providers, to acquire, create, and distribute programming not under a state franchise holder's editorial control. (3) "State franchise holder" means a cable operator or video service provider that has been issued a franchise by the California Public Utilities Commission to provide cable service or video service, as those terms are defined in California Public Utilities Code Section 5830, within any portion of the incorporated limits of the city.
4.04.015 Franchise fees.
(a) State Franchise Fees. Any state franchise holder operating within the incorporated areas of the city shall pay to the city a state franchise fee equal to five percent of gross revenues that may be subject to a franchise fee under California Public Utilities Code Section 5860. (b) Payment of Franchise Fees. The state franchise fee required pursuant to this section shall be paid quarterly, in a manner consistent with California Public Utilities Code Section 5860. The state franchise holder shall deliver to the city, by check or other means, which shall be agreed to by the city, a separate payment for the state franchise fee not later than 45 days after the end of each calendar quarter. Each payment made shall be accompanied by a report, detailing how the payment was calculated, and shall include such additional information on the appropriate form as designated by the city.
(c) Examination of Business Records. The city may examine the business records of the holder of a state franchise in a manner consistent with California Public Utilities Code Section 5860(i). (d) Late Payments. In the event a state franchise holder fails to make payments required by this section on or before the due dates specified herein, the city shall impose a late charge at the rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent.
4.04.020 Customer service.
(a) Customer Service Standards. A state franchise holder shall comply with Sections 53055, 53055.1, 53055.2 and 53088.2 of the California Government Code; the FCC customer service and notice standards set forth in Sections 76.309, 76.1602, 76.1603, and 76.1619 of Title 47 of the Code of Federal Regulations; Section 637.5 of the California Penal Code; the privacy standards of Section 551 of Title 47 of the United States Code; and, to the extent consistent with DIVCA, all other applicable state and federal customer service and consumer protection standards pertaining to the provision of video service, including any such standards hereafter adopted. In case of a conflict, the stricter standard shall apply. All customer service and consumer protection standards under this subsection shall be interpreted and applied to accommodate newer or different technologies while meeting or exceeding the goals of the standards. (b) Penalties for Violations of Standards. The city shall enforce the compliance of state franchise holders with respect to the state and federal customer service and consumer protection standards set forth in this section. The city will provide a state franchise holder with a written notice of any alleged material breaches, as defined in California Public Utilities Code Section 5900, of applicable customer service or consumer protection standards, and will allow the state franchise holder 30 days from the receipt of the notice to remedy the specified material breach.
Material breaches not remedied by a state franchise holder within the 30-day time period, irrespective of the number of customers affected, will be subject to the following penalties to be imposed by the city:
(1) For the first occurrence of a material breach, a fine of $500.00 may be imposed for each day the violation remains in effect, not to exceed $1,500 for each violation. (2) For a second material breach of the same nature within 12 months, a fine of $1,000 may be imposed for each day the violation remains in effect, not to exceed $3,000 for each violation.
(3) For a third material breach of the same nature within 12 months, a fine of $2,500 may be imposed for each day the violation remains in effect, not to exceed $7,500 for each violation.
(c) Any penalties imposed by the city shall be imposed in a manner consistent with California Public Utilities Code Section 5900.
4.04.030 Permits and construction.
(a) Except as expressly provided in this Chapter, all provisions of the Yucaipa Municipal Code, and all city administrative rules and regulations developed to any of these provisions, as now existing or as hereafter amended, shall apply to all work performed by or on behalf of a state franchise holder on any city public rights -of -way, public property, or city easement. (b) Permits. Prior to commencing any work for which a permit is required by this Code, a state franchise holder shall apply for and obtain a permit in accordance with the provisions of this Code and shall comply with all other applicable laws and regulations, including but not limited to all applicable requirements of Division 13 of the California Public Resources Code, Section 21000 et seq. (the California Environmental Quality Act).
(c) The city manager or their designee shall either approve or deny state franchise holder's application for any permit required under this Code title in the time period required by law. (d) If the city manager denies a state franchise holder's application for a permit, the city manager shall, at the time of notifying the applicant of denial, furnish to the applicant a detailed explanation of the reason or reasons for the denial.
(e) A state franchise holder that has been denied a permit by final decision of the city manager may appeal the denial to the city council using the procedure provided in Section 1.04.130 of this Code.
(f) The issuance of a permit is not a franchise, and does not grant any vested rights in any location in the public rights -of -way, or in any particular manner of placement within the rights -of - way. Without limitation, a permit to place cabinets and similar appurtenances aboveground may be revoked and the permittee required to place facilities underground, in accordance with applicable law.
4.04.040 Emergency alert system.
Each state franchise holder shall comply with the emergency alert system requirements of the Federal Communications Commission in order that emergency messages may be distributed over the state franchise holder's network. As such capability was required under local franchises in effect in the city on January 1 to December 30, 2006, and as consistent with Public Utilities Code Section 5880, each state franchise holder shall install and maintain equipment to allow the San Bernardino County Office of Emergency Services to air audio and video messages on the video system to alert subscribers to emergency situations. This capability shall be remotely activated without the assistance of the state franchise holder and shall allow a representative of the city to override the audio and video on all channels, except those where grantee has, consistent with FCC regulations, agreed with the broadcaster not to override the channel for EAS messages.
4.04.050 Public, educational, and government access channel capacity, support, interconnection, and signal carriage.
(a) PEG Channel Capacity.
(1) A state franchise holder shall designate a sufficient amount of capacity on its network to allow the provision of four PEG channels to satisfy the requirement of Section 5870 of the California Public Utilities Code, within the time limits specified therein. (2) A state franchise holder shall provide an additional PEG channel when the city satisfies the standards set forth in Section 5870(d) of the California Public Utilities Code or any entity designated by the city to manage one or more of the PEG channels. (b) PEG Support.
(1) Amount of PEG Support Fee. Any state franchise holder shall pay to the city — or, if directed by the city, to the city's designated PEG provider — a PEG fee equal to 1 percent of gross revenues.
(2) The PEG support fee shall be used for PEG activities. (3) A state franchise holder shall remit the PEG support fee quarterly, within 45 days after the end of each calendar quarter. Each payment made shall be accompanied by a summary, detailing how the PEG support fee was calculated.
(4) In the event that a state franchise holder fails to pay the PEG support fee when due, or underpays the proper amount due, the state franchise holder shall pay interest at the rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent, or the maximum rate specified by state law.
(c) PEG Carriage and Interconnection.
(1) As set forth in Sections 5870(b) and 5870(g)(3) of the California Public Utilities Code, state franchise holders shall ensure that all PEG channels are receivable by all subscribers, whether they receive digital or analog service, or a combination thereof, without the need for any equipment other than that needed to receive the lowest cost tier of service. PEG access capacity provided by a state franchise holder shall be of similar quality and functionality to that offered by commercial channels (unless the PEG signal is provided to the state franchise holder at a lower quality or with less functionality), shall be capable of carrying a National Television System Committee (NTSC) television signal, and shall be carried on the state franchise holder's lowest cost tier of service. To the extent feasible, the PEG channels shall not be separated numerically from other channels carried on the lowest cost tier of service and the channel numbers for the PEG channels shall be the same channel numbers used by any incumbent cable operator, unless prohibited by federal law. After the initial designation of the PEG channel numbers, the channel numbers shall not be changed without the agreement of the city unless federal law requires the change.
(2) Where technically feasible, each state franchise holder and each incumbent cable operator shall negotiate in good faith to interconnect their networks for the purpose of providing
PEG programming Interconnection may be accomplished by any means authorized under Public Utilities Code Section 5870(h). Each state franchise holder and incumbent cable operator shall provide interconnection of PEG channels on reasonable terms and conditions and may not withhold the interconnection. If a state franchise holder and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement for PEG carriage, the city may require the incumbent cable operator to allow each state franchise holder to interconnect its network with the incumbent cable operator's network at a technically feasible point on the state franchise holder's network as identified by the state franchise holder. If no technically feasible point of interconnection is available, each state franchise holder shall make interconnection available to each PEG channel originator programming a channel in the city and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by each state franchise holder requesting the interconnection unless otherwise agreed to by the parties.
4.04.060 Notices.
(a) Each state franchise holder or applicant for a state franchise shall file with the city a copy of all applications or notices that the state franchise holder or applicant is required to file with the California Public Utilities Commission.
(b) Unless otherwise specified in this section, all notices or other documentation that a state franchise holder is required to provide to the city under this section or the California Public Utilities Code shall be provided to both the city manager and the city staff person in charge of cable and telecommunications, or their successors or designees.
U. Business Regulations: Chapter 5.04 of the Yucaipa Municipal Code shall be amended to read as follows:
Section 5.04.010 General Business License Not Required.
Except as otherwise required by this Code, including but not limited to other provisions of Title 5, no business license or fee is required by the City of Yucaipa.
Section 5.04.020 City Manager Duties.
The City Manager or their designee shall administer the business licensees or fees otherwise set forth by this Code, including but not limited to other provisions of Title 5.
Section 5.04.030 The Collector.
The position of collector previously established by Ordinance No. 101 shall mean "the City Manager or the City Manager's designee" for the purpose of other provisions of Title 5.
V. Animals: Title 6 of the Yucaipa Municipal Code shall be amended to read as follows:
TITLE 6 ANIMALS
Chapter 6.04 Animals
Sections
6.04.010 Scope.
6.04.020 Adoption of the San Bernardino County Code.
6.04.030 Enforcement agency designated.
6.04.040 Schedule and collection of fees.
6.04.050 Violations —Penalty.
6.04.010 Scope.
The provisions of this chapter for regulating animals shall apply at all times, or at those times herein specified, anywhere within the city of Yucaipa that animals are found.
6.04.020 Adoption of the San Bernardino County Code.
(a) The city adopts by reference, and makes a part of this chapter by reference, Title 3, Division 2 Animals of the San Bernardino County Code.
(b) The aforementioned sections of the San Bernardino County Code are adopted as the regulations related to animals in the City.
(c) The only exception are those land use regulations related to animals in the city's Development Code, which may be enforced by the County.
6.01.030 Enforcement agency designated.
(a) The County of San Bernardino is designated as the enforcement agency for the city and is authorized to provide the qualified personnel necessary to enforce the provisions of this Title. (b) Notwithstanding the above, any person authorized to enforce the Yucaipa Municipal Code under Chapter 1.12 may enforce the provisions of this Title.
6.01.040 Schedule and collection of fees.
The schedule of fees created by the County of San Bernardino, adopted in this chapter, is adopted as the fees in effect in the city, and shall be applicable within the city to provide for the costs of administration and enforcement of this chapter. The city council finds and determines that the fees adopted herein are reasonably related to the actual cost of administration and enforcement of the program. San Bernardino County shall administer and collect these fees for deposit with the county treasurer to offset the costs assumed by the county in administering and enforcing this program for and within the city.
6.01.050 Violations —Penalty.
(a) A violation of this Title may be punished by any of the remedies found in Title 3, Division 2: Animals of the San Bernardino County Code.
(b) Additionally, any violations may be punished by any of the procedures found in Chapter
1.12 of the Yucaipa Municipal Code.
SECTION 2. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 3. CEQA.
The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.
SECTION 4. Effective Date.
This Ordinance shall be effective the 31 st day following its adoption by the City Council SECTION 5. Publication and Posting.
The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law. \\
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SECTION 6. The City Clerk is hereby authorized, without further action by the City Council, to correct any typographical, clerical, or grammatical errors in this ordinance. Such corrections shall not alter the substance or meaning of the ordinance. The City Clerk is further authorized, without further action by the City Council, to make modifications to the numbering, formatting, and internal references in this ordinance, as may be necessary to ensure consistency with the existing codification structure of the Municipal Code. This may include renumbering sections, subsections, paragraphs, and cross-references, provided that no substantive changes are made. Any corrections made by the City Clerk pursuant to this section shall be documented and filed with the official records of the ordinance, with a notation of the correction made.
PASSED, APPROVED and ADOPTED this 13th day of November, 2024.
Justin Beaver, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham Pacifico, City Attorney Director of General Services/City Clerk
Agenda Item No. 3
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 41/5' FOR: City Council Meeting of November 13, 2024
SUBJECT: Second Reading of Ordinance No. 449
RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 449, an Ordinance of the City Council of the City of Yucaipa, California, amending the Official Land Use Plan and Zoning Ordinance of the City of Yucaipa.
Attachment:
1. Ordinance No. 449
Approved by: �=��
ATTACHMENT 1
ORDINANCE NO. 449
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, AMENDING THE OFFICIAL LAND USE PLAN AND
ZONING ORDINANCE OF THE CITY OF YUCAIPA
THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. A public hearing has been held before the City Council of the City of Yucaipa (the "City"), duly noticed and conducted pursuant to the Planning and Zoning Laws of the State of California and applicable provisions of Division 3 of the Development Code as adopted by Ordinance No. 124; and the Official Land Use Plan of the City, as adopted by Ordinance No. 343, is hereby amended as provided in Section 2 herein below.
Section 2. The . proposed land use modification contained on the "Official Land Use Modifications Map" on file with the City, and bearing the file number Case No. 22-129/GPA/SPA, creates an overlay encompassing APNs 0318-021-18, -19, -44, and -58 titled "Starling Heights Specific Plan", modifying Figure CDL-3, Land Use Modifications.
Section 3. The proposed land use designation contained on the "Official Land Use Districts Map" on file with the City, and bearing the file number Case No. 22-129/GPA/SPA, changes the Land Use District designation of the area encompassed by the boundaries of the Starling Heights Specific Plan, as reflected in Figure CDL-3, Land Use Modifications to the City's Planned Development (PD) district, replacing the Single Residential (RS-20M) Land Use District.
Section 4. The City Clerk is hereby directed to cause the following summary of this ordinance to be published by two (2) insertions in the Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa, and hereby designated for that purpose by said Council of the City of Yucaipa: "Ordinance No. 449 creates the Specific Plan Boundaries for the Starling Heights Specific Plan within the City's Land Use Modification Plan (CDL-3) within the changes the Land Use Designation reflected for the Starling Heights Specific Plan within the City's General Plan Figure CDL-2 to Planned Development (PD) as part of Case No 22-129/GPA/SPA."
PASSED, APPROVED and ADOPTED this 13th day of November, 2024.
Justin Beaver, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham, City Attorney
Director of General Services/City Clerk
1 Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Trevor Benson, Public Safety Manager
FOR: City Council Meeting of November 13, 2024
SUBJECT:
Extending the Existence of a Local Emergency Due to the 2022 September Stone 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 Stone 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.
Subsequently, in August, 2023 the City experienced another significant storm event, Tropical Storm Hilary creating rainfall totaling as much as 4.5 inches in parts of the community, once again testing the systems constructed over the past twenty years and maintained between and during these storm events.
Pursuant to Yucaipa Municipal Code Section 8.36.160, the City Council shall review, at least every fourteen (14) days, unless waived by the City Council to meet State requirements, until such local emergency is terminated, the need for continuing the local emergency.
Such declaration facilitates the City's response to combat perilous conditions by providing limited immunity for emergency actions of public employees and 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:
TO:
FROM:
FOR:
SUBJECT:
Agenda Item No. 5
CITY OF YUCAIPA
AGENDA REPORT
Honorable Mayor and City Council Members
Trevor Benson, Public Safety Manager
City Council Meeting of November 13, 2024
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 Stonn Hilary.
TROPICAL STORM BACKGROUND/DISCUSSION:
On Sunday, August 20, 2023, the Yucaipa City Manager Chris Mann proclaimed a local emergency due to Tropical Storm Hilary in Yucaipa and surrounding communities. The storm which was caused by remnants of Tropical Storm Hilary produced conditions of extreme peril to the safety of persons and property within the City of Yucaipa, in the form of infrastructure damage, from extreme weather including intense rain, wind, flooding and debris flow.
On August 20, 2023, the County of San Bernardino also declared a County -Wide, local emergency due to the storm and on August 19, 2023, the State of California pre-emptively proclaimed a state of emergency in several counties including County of San Bernardino.
At the August 24, 2023, Special City Council meeting, Council adopted Resolution No. 2023-43, ratifying the proclamation of the existence of a local emergency by the City Manager.
Post stone 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 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
Creek Basin system sustained approximately 50,000 cubic yards of mud, silt, and debris, that, in conjunction with San Bernardino County Flood Control District was removed.
Pursuant to Yucaipa Municipal Code Section 8.36.160, the City Council shall review, at least every fourteen (14) days, unless waived by the City Council to meet State requirements, until such local emergency is terminated, the need for continuing the local emergency.
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:
Agenda Item No. 6
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 Lr-
Daniel Meisenbach, Construction Engineer Lj '
FOR: City Council Meeting of November 13, 2024
SUBJECT: Acceptance of Contract Work — Fiscal Year 2024/2025 Concrete Program — Project No. 11214
RECOMMENDATION:
That the City Council:
1) Accept the contract work completed by Three Peaks Corp. in the amount of $188,416 for the 2024-2025 Concrete Program — Project No. 11214; and 2) Authorize a transfer of Article 3 TDA Funding in the amount of $13,200 to the Pavement Management Program (PMP) Fund; and
3) Authorize the recordation of the Notice of Completion for the Program; and 4) Accept the as -built plans for the Program.
BACKGROUND/DISCUSSION:
On May 13, 2024, City Council approved the FY2024/2025 Pavement Management Program (PMP).
Included as a part of the PMP is the Concrete Program (Program).
The Program is intended to meet the City's goal to improve pedestrian and ADA access throughout the City as part of the ADA Transition Plan adopted by the City Council on February 22, 2016.
The Program included the construction of a concrete retaining wall along the city yard access road, the replacement of cracked, broken or deteriorated concrete sidewalk, driveway approaches, curb and gutter, cross -gutter, and replacement of ADA curb ramps at various locations throughout the City. The sections of sidewalk that were replaced have been previously reported by residents and the general public. The reported sidewalk -related concerns have been processed through the City App reporting system and have been verified by staff prior to including the repairs to the Program.
After going through the public competitive bid process, on August 26, 2024, the City Council awarded a contract to Three Peaks Corp. of Calimesa, CA to complete the Program in the amount of $165,600.
Subsequently, additional work was identified including repairs to the 10th Street storm drain system
and replacing sections of curb, gutter, sidewalk, and asphalt. $22,816 of the budgeted contingency was used to fund this change order.
Funding of $13,200 was provided through a TDA award through SBCTA Inspections performed by staff during the course of the work and upon completion of the Program have assured that the work was completed in accordance with the contract specifications for the Program.
FISCAL IMPACT:
Project No. 11214 was completed on budget with a cost of $188,416.
Attachments:
1. Notice of Completion — Project No. 11214
Approved by:
ATTACHMENT 1
RECORDING REQUESTED BY
City of Yucaipa
WHEN RECORDED RETURN TO:
City Clerk
City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Recording Fee $0 SPACE ABOVE THIS LINE FOR RECORDER'S USE Government Code 6103
NOTICE OF COMPLETION
Pursuant to the provisions of Section 9204 of the Civil Code of the State of California, NOTICE IS HEREBY GIVEN that work on the certain project known as:
PROJECT NO. 11214
2024-2025 CONCRETE PROGRAM
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 13th day of November 2024.
The said work was performed by Three Peaks Corp. of Calimesa, CA in accordance with the terms of the written agreement dated the 26th day of August 2024.
Dated November 13, 2024
CITY OF YUCAIPA, a Municipal Corporation, Owner
34272 Yucaipa Blvd, Yucaipa, CA 92399
Fermin G. Preciado, Director of Development Services/City Engineer A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document.
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
}
}
Subscribed and sworn to (or affirmed) before me on this 13th day of November 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
Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
7 TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer j Landon Kern, Assistant City Engineer?
Ryan Miller, Housing & Economic Development Analyst
FOR: City Council Meeting of November 13, 2024
SUBJECT: Fair Share Agreement and Memorandum of Understanding with the City of Calimesa
RECOMMENDATION:
That the City Council:
1. Approve the Fair Share Agreement and Memorandum of Understanding for the County Line Road/Interstate 10 Freeway Interchange Interim Traffic Signal Project between the City of Yucaipa and the City of Calimesa; and
2. Authorize the City Manager to execute the Agreement on behalf of the City of Yucaipa.
BACKGROUND/DISCUSSION:
The traffic signals are an interim solution, as the intentions to improve the interchange to an ultimate configuration. A future agreement between the cities of Calimesa and Yucaipa will address how the costs for the ultimate improvements will be shared among the cities and future developments.
In July 2022, the Yucaipa Planning Commission approved a Conditional Use Permit for an approximately 363,000 square foot warehouse (Case No. 21-138 CUP/ARC), An allowable use allowed under Yucaipa's Freeway Corridor Specific Plan approved in 2008. The Project Conditional of Approval No. 122, requires the Warehouse Project to construct interim traffic signals at the on and off ramps of Interstate 10 and County Line Road, prior to the issuance of a certificate of occupancy, since the Warehouse Project will use the County Line Road interchange to access Interstate 10. The traffic signals are considered interim, since the ultimate improvements at these ramps will be incorporated into a future interchange improvement project. The City of Calimesa and Yucaipa will be partnering to facilitate this project through coordinating with Caltrans.
In October 2020, the City of Calimesa approved the RV Fueling Project (DPR 19- 04/CUP19- 05/CUP 19-06) at 7th Place and County Line Road. The RV Fueling Project involves two phases.
The first phase is complete and operational, with a convenience store and RV fuel canopy, and the second phase is a one drive -through retail pad that is to be developed and constructed in the future.
Condition of Approval 7.04 for the RV Fueling Project required the design and construction of interim traffic signals at the on and off ramps of Interstate 10 and County Line Road prior to the second phase of the RV Fueling Project, with the possibility of fair share reimbursements from other projects that have an impact on the interchange.
Since the Warehouse Project will be completed and ready for occupancy before Phase 2 of the RV Fueling Project, the warehouse developer plans to construct the interim traffic signals. The Warehouse Project Condition of Approval No. 122 requires that the Warehouse Project construct the interim signal and identifies that the RV Fueling Project will contribute up to 25% of the cost of the signal, with Phase 1 paying 13% of the cost and Phase 2, if constructed, contributing 12% of the cost. Calimesa has the 13% cost share held in deposit, based on an estimated total cost of $1,200,000.
Since projects from each city will be contributing to the interim traffic signals, the cities have been negotiating a Fair Share Agreement and Memorandum of Understanding outlining the expectations of each city and their respective projects. This Agreement not only outlines the expectations for the approved project, but also the expected conditions for future projects that will impact the interchange.
Both cities agree that they shall inform the other of any development applications that will impact the I-10/County Line Road interchange, and that said development will be required to contribute a fair share of costs toward the interim traffic signal as a condition of approval. Neither city can issue a certificate of occupancy to any impacting project until the interim signals are complete and operational.
The plans for the interim traffic signal have been submitted to Caltrans for review and approval by the Warehouse Project developer. The plans have been developed to accommodate the installation of the traffic signals in 2-phases. The first phase will allow for the temporary signals to be installed and supported with the temporary poles and overhead wires. The second phase will replace these temporary signals with permanent steel poles that will remain in place until the interchange improvements are constructed at a later phase. Additionally, the developer is required to post performance bonds for the permanent signals to ensure they are constructed in a timely manner.
On October 21, 2024, The City of Calimesa's City Council approved the Fair Share Agreement and Memorandum of Understanding as it is presented to you this evening. Staff is recommending that the City Council approve the Fair Share Agreement and Memorandum of Understanding.
FISCAL IMPACT:
The recommendations do not result in a Fiscal Impact.
Attachment(s):
1. Fair Share Agreement and Memorandum of Understanding Approved by:
ATTACHMENT 1
FAIR SHARE AGREEMENT AND MEMORANDUM OF UNDERSTANDING
COUNTY LINE RD/INTERSTATE 10 FREEWAY INTERCHANGE
INTERIM TRAFFIC SIGNAL PROJECT
This Memorandum of Understanding (MOU) is made and entered into this _ day of , 2024, by the City of Calimesa, a California municipal corporation ("Calimesa") and the City of Yucaipa, a California municipal corporation ("Yucaipa").
RECITALS
WHEREAS, the Cities of Calimesa and Yucaipa (collectively referred to as the "Cities" or "Parties" and individually as "City" or "Party") recognize the current and future potential development of the properties adjacent to the existing County Line Road/Interstate 10 Freeway Interchange ("Interchange") and the associated vehicular traffic generated by those developments that will use the Interchange as the primary or secondary access to the I-10 Freeway; and WHEREAS, the Cities plan to collaborate to improve the Interchange to its ultimate condition ("Ultimate Interchange Improvements"); and
WHEREAS, The Ultimate Interchange Improvements will not be constructed for several years, and thus an Interim Signal Project is needed; and WHEREAS, the estimated cost of the design, permitting and construction of the Interim Signal Project is estimated to be in the amount of $1,200,000; and WHEREAS, on October 12, 2020, Calimesa approved the development of the 7th Place and County Line Road RV Fueling and Retail Project ("RV Fueling Project" or "DPR 19-04/CUP 19- 05/CUP 19-06"), with the Interchange serving as the primary access to the I-10 Freeway. The RV Fueling Project is to be constructed in two phases, with the first phase (RV Fuel canopy), completed prior to the execution of this agreement, and the second phase (one drive -through retail pad) to be developed, constructed and opened in the future; and WHEREAS, the RV Fueling Station Project includes a condition of approval [Exhibit A] requiring the design and construction of interim traffic signals at the intersection of County Line Road & the Eastbound on/off ramps and the intersection of County Line Road & the Westbound on/off ramps ("Interim Signal Project") to mitigate additional traffic caused by the development of the RV Fueling Project and to be 100% funded and constructed by the developer of the RV Fueling Project (with the possibility of fair share reimbursement — see Exhibit A) prior to completion of the second phase of the RV Fueling Project; and WHEREAS, under no circumstances shall Calimesa be obligated to contribute any funds to the costs incurred in connection with the Interim Signal Project; and WHEREAS, on July 6, 2022, Yucaipa approved the development of the Transwestern Development Warehouse Project ("Warehouse Project" or "Case No. 21-138 CUP/ARC"), with the Interchange serving as the primary access to the I-10 Freeway; and
WHEREAS, Condition of Approval No. 122 [Exhibit B] of the Warehouse Project provides that if the Ultimate Interchange Improvements have not been completed prior to the development and construction of the Warehouse Project, the Warehouse Project shall design, apply for and receive all necessary permits, and install the Interim Signal Project in collaboration with the RV Fueling Project. Condition of Approval No. 122 further provides that the Warehouse Project's initial fair share contribution of the total cost of the Interim Signal Project shall be 100% of the total cost (net of 87% after reimbursement associated with Phase 1 of the RV Fueling station project) and the RV Fueling Station's fair share cost shall be 13% for Phase 1 and capped at 25% of the total cost, only if and when Phase 2 moves forward will the remaining 12% be paid; and WHEREAS, pursuant to Exhibit B, "To ensure efficient access from the Project and the RV Fueling Project to the I-10 Interchange, should a multi -way stop, traffic signal or other circulation improvements be necessary and warranted at the County Line Road and County Line Lane intersection to support any substantive changes in traffic volumes, based on a traffic analysis reviewed and approved by the City of Yucaipa, the Warehouse Project would be responsible for 100% of the cost of such improvements." Yucaipa will provide Calimesa the opportunity to also review and approve said traffic analysis; and
WHEREAS, Cities recognize future unentitled potential development projects in each city, planning to use the Interchange as the primary or secondary access to the I-10 Freeway, should also provide an "up -front" fair share contribution for the total cost of the Interim Signal Project; and
WHEREAS, the future unentitled potential development projects' "up -front" fair share contribution for the total cost of the Interim Signal Project shall be paid prior to the issuance of a building permit, to the developer which designed and constructed the Interim Signal Project (either the RV Fueling Project or the Warehouse Project); and
WHEREAS, the Cities of Yucaipa and Calimesa will mutually benefit from the construction of the Interim Signal Project.
NOW, THEREFORE, in consideration of the mutual promises contained herein including recitals, it is agreed by the Cities as follows:
SECTION I. The above recitals are hereby incorporated by this reference.
SECTION II. OBLIGATION OF BOTH CITIES
A. Both Parties agree to cooperate in a joint effort to facilitate the design, permitting and construction of the Interim Signal Project by the Warehouse Project developer in an efficient manner to the benefit of results to both communities.
B. Both Parties agree to cooperate in a joint effort to require unentitled private land development projects utilizing the Interchange as the primary or secondary access to the I-10 Freeway to pay their "up -front" fair share contribution for the Interim Signal Project if all of the following criteria are met:
i. Land development projects generating more than 200 daily vehicle trips using rates from the latest edition of the ITE's Trip Generation Manual; or ii. Land development projects adding 21 or more trips during either the AM or PM peak hours to the County Line Road & I-10 Freeway Westbound on/off ramp intersection or the County Line Road & I-10 Freeway Eastbound on/off ramp intersection.
This requirement will be identified and included in the conditions of approval applied to the entitlement approval of such land development projects. Land development projects include projects to be entitled prior to traffic signal construction and projects entitled within 90 days after the completion of the Interim Signal Project. iv. Neither Party will issue a certificate of occupancy for any land development project identified in Section II.B (above) until the Interim Signal Project has been completed.
C. If required by Caltrans during permit application review, both parties agree to consider and coordinate with Caltrans in a joint effort to determine if another Caltrans approved intersection improvement providing equivalent enhancements to the intersections' level of service can be constructed in lieu of the Interim Signal Project.
D. Both Parties agree to negotiate and consider a separate agreement for the preparation of the Ultimate Interchange Improvements.
SECTION III. OBLIGATIONS OF YUCAIPA
A. Yucaipa shall notify Calimesa when a complete application has been received for the entitlement of a land development project that meets the criteria presented in Section IIB of this agreement.
B. Yucaipa shall determine the fair share contribution amount for the Interim Signal Project to be paid by each land development project based on the traffic impact analysis and provide such information to Calimesa for review and concurrence.
SECTION IV. OBLIGATIONS OF CALIMESA
C. Calimesa shall notify Yucaipa when a complete application has been received for the entitlement of a land development project that meets the criteria presented in Section IIB of this agreement.
D. Calimesa shall determine the fair share contribution amount for the Interim Signal Project to be paid by each land development project based on the traffic impact analysis and provide such information to Yucaipa for review and concurrence.
SECTION V. MISCELLANEOUS
A. Notices. All notices, demands, requests, consents, approvals, or communications from one Party to another shall be personally delivered or sent by facsimile or e-mail to the persons
set forth below and shall be deemed given one (1) business day after it is sent. Alternatively, it shall be deemed given five (5) calendar days after deposit in the United States mail, certified and postage prepaid, return receipt requested, and addressed as follows, or at such other address as either Party may from time to time specify to the other parties in writing:
To Calimesa:
To Yucaipa
City of Calimesa
908 Park Avenue
Calimesa, California 92320
Attn: City Manager
Fax: 909.795.4399
E-mail: [email protected]
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399
Attn: City Manager
Fax: 909.790.9203
E-mail: [email protected]
The Parties agree to accept facsimile or scanned signed documents and agree to rely upon such documents as if they bore original signatures. Each Party agrees to provide to the other parties, within seventy-two (72) hours after transmission of such a facsimile or scan, the original documents that bear the original signatures.
B. Amendment. This Agreement may not be modified or amended, nor any provision or breach waived, except with approval of both Parties in a writing signed by both Parties which expressly refers to this Agreement.
C. Venue. The venue of any action or claim brought by any Party to this Agreement shall be either the Superior Court of California, County of San Bernardino, San Bernardino District, or the Superior Court of California, County of Riverside. If any action or claim concerning this Agreement is brought by any third -party and filed in another venue, the Parties hereto agree to use their best efforts to obtain a change of venue to either the Superior Court of California, County of San Bernardino, San Bernardino District, or the Superior Court of California, County of Riverside.
D. Neutral Interpretation. Cities have each cooperated in the drafting and preparation of this Agreement and in any construction to be made of this Agreement, the same shall not be construed against either Party to this Agreement in the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein.
E. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall constitute one and the same instrument.
F. Term. This Agreement shall terminate ninety (90) days after completion of the Interim Signal Project and acceptance of the final accounting of the fair share contributions by both Cities in writing. After final accounting approvals by both cities, no new land development projects will be required to contribute.
G. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California.
SECTION VI. MUTUAL INDEMNIFICATION
Neither Party to this Agreement nor officers nor employees thereof shall be responsible for any claim, lawsuit, damage or liability occurring by reason of anything done or omitted to be done by the other Party to the Agreement under or in connection with any work, authority, or jurisdiction not delegated to the parties under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, each Party shall fully defend, indemnify and hold the other Party harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done under or in connection with work, authority, or jurisdiction of that Party under this Agreement.
SECTION VII. ATTORNEYS FEES. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing Party shall, in addition to any other costs and relief, be entitled to reasonable attorney's fees. Both Parties agree to submit any unresolved issues to binding arbitration, upon terms to be negotiated and agreed upon between the Parties.
IN WITNESS THEREOF, the parties hereto have authorized this Agreement to be executed by their respective officials thereunto duly authorized.
ATTEST:
ene Gerdes, City`Clerk
ATTEST:
I b/Ailu(
Date
CITY OF CALIMESA
A Municipal Corporati
Mayor
CITY OF YUCAIPA
A Municipal Corporation
0 z vy
ate
Ana Sauceda, City Clerk Date City Manager Date
EXHIBIT A
RV Fueling Project Condition of Approval 7.04 (PC Resolution 2020-02) (Calimesa):
MM TIA-1: The proposed project shall implement the following intersection improvements prior to issuance of certificate of occupancy for Phase 2 development:
• I-10 Southbound Ramps (NS) at County Line Road (EW) — #6 - Install a traffic signal • I-10 Northbound Ramps (NS) at County Line Avenue (EW) — #7 - Install a traffic signal The City of Calimesa and California Department of Transportation (Caltrans) plan to install roundabouts at both of these ramp intersection locations. The anticipated installation of these roundabouts is Year 2023. Roundabouts at this freeway interchange were analyzed for all future traffic scenarios. Traffic signal installation would be a temporary measure until the roundabouts are constructed, with feasibility and necessity to be determined by the City of Calimesa and Caltrans.
Traffic signal installation as an interim mitigation measure would be required to mitigate project impacts. The project may be eligible for a reimbursement agreement for construction of these improvements. The reimbursement agreement shall take in account the project's fair share contribution and payment of other fees for the impacted intersections.
EXHIBIT B
Warehouse Project (Case No. 21-138 CUP/ARC) Condition of Approval No. 122 (Yucaipa):
If the ultimate I-10 interchange improvement project has not been completed, Project shall be responsible for the design, permitting, and installation of interim traffic signals at the intersections of I-10 SB Ramps/County Line Road and I-10 NB Ramps/County Line Road (Interim Signal Project) in collaboration with the 7th Street & County Line Road RV Fueling & Retail Project (RV Fueling Project) in the City of Calimesa. If the RV Fueling Project installs the Interim Signal Project, the Project will provide a maximum "up -front" fair share contribution of 75% to the Interim Signal Project. If the Project installs the Interim Signal Project, the RV Fueling Project will pay a maximum of 25% of the "up -front" cost of the Interim Signal Project, which is estimated to be $1,200,000 based on the RV Fueling Project traffic impact analysis. However, the ultimate fair share amounts will be based on both cities requiring a fair share reimbursement to the development project (Project or RV Fueling Project) constructing the Interim Signal Project from those other development projects using the County Line/I-10 Interchange as their primary or secondary access to the I-10 Freeway prior to the completion of the ultimate interchange improvements. The fair share reimbursement for those other development projects will be incorporated in a Memorandum of Understanding (MOU) between the City of Calimesa and the City of Yucaipa and will require the fair share reimbursement be paid prior to the issuance of a building permit. The City of Calimesa and the City of Yucaipa will prepare the MOU that provides the schedule, cost of the Interim Signal Project, and fair share contribution of each development project to the Interim Signal Project or another Caltrans approved intersection improvement that provides equivalent enhancement to the intersections' levels of service. The Interim Signal Project plans must be completed and submitted to Caltrans prior to issuance of building permits. The Interim Signal Project must be operational prior to certificate of occupancy. To ensure efficient access from the Project and the RV Fueling Project to the I-10 Interchange, should a multi -way stop, traffic signal or other circulation improvements be necessary and warranted at the County Line Road and County Line Lane intersection to support any substantive changes in traffic volumes, based on a traffic analysis reviewed and approved by the City of Yucaipa, the Transwestern project would be responsible for 100% of the cost of such improvements.
Exhibit C
Standard condition of approval to be applied to future entitlement approvals by both Cities:
"This Project is subject to the Fair Share Agreement and Memorandum of Understanding — County Line Road/Interstate 10 Freeway Interchange Interim Traffic Signal Project entered into by the City of Calimesa and City of Yucaipa (Agreement Section I.C.iii)."
Agenda Item No. 8
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services
FOR: City Council Meeting of November 13, 2024
SUBJECT: Special Event Permit Application — Rotary Club of Yucaipa 69th Annual Christmas Parade
RECOMMENDATION:
That the City Council:
1. Approve the Special Event Permit Application submitted by the Rotary Club of Yucaipa to conduct the 69th Annual Yucaipa Christmas Parade, on Saturday, December 14, 2024; and
2. Approve the street closures identified in the agenda report.
BACKGROUND/DISCUSSION:
The City received a Special Event Permit Application (SEP) from the Rotary Club of Yucaipa (Rotary) requesting approval to conduct the 69th Annual Yucaipa Christmas Parade (Parade) on Saturday, December 14, 2024, from 12:00 p.m. until 3:00 p.m.
Rotary is requesting the authorization of the following street closures:
• California Street south of Acacia Avenue
• California Street at Avenue E, north of the intersection • Yucaipa Boulevard at Adams Street, east of the intersection • Yucaipa Boulevard at 6th Street, west of the intersection • Avenue A east of 2nd Street
• Avenue A west of Adams Street
• Avenue B east of 2nd Street
• Avenue B west of Adams Street
• Avenue C east of 2nd Street
• Avenue C west of Adams Street
• Avenue D east of 2nd Street
• Avenue D west of Adams Street
• 6th Street north of Avenue E
It is anticipated that the involved streets will be closed or partially closed from approximately 8:00 a.m. to 4:00 p.m. Staff will continue to work with Rotary to ensure that all necessary insurance documents and departmental sign -offs have been obtained prior to the event.
In addition, Rotary is requesting City co-sponsorship in the form of marketing and logistical support. Marketing support would include promotion of the Parade on the City website, digital marquees, community calendar, social media platforms and distribution of flyers, posters, and banners at City facilities. Logistical support would include street closures, cones, and use of the Uptown Park and Yucaipa Performing Arts Center parking lot.
On June 10, 2024, the City Council awarded $16,200 in Community Activity Grant in -kind funding to Rotary for the 2024 Parade.
FISCAL IMPACT:
The recommendations do not result in a fiscal impact beyond the CAG in -kind contribution.
Attachment:
1. Special Event Permit Application
Approved by:
ATTACHMENT 1
CITY OF YUCAIPA
SPECIAL EVENT PERMIT
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).
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
Wage
CITY OF YUCAIPA
SPECIAL EVENT PERMIT
APPLICATION
Organization and Applicant Information 45-5149308
Commercial (For -profit) ■ Noncommercial (Non-profit) Tax I.D. #:
Organization
Name
Rotary Club of Yucaipa
Applicant Name
DonnaKaye Ostrander
Address
PO Box 661
Email
[email protected]
Phone Number
On -Site Contact
Donnakaye Ostrander / Jennifer Crawford
Phone Number
Event Information
Type of Event: ❑ Athletic/Recreation ❑ Festival/Celebration ❑ Outdoor Market ❑ Circus/Carnival
(Concert/Performance n Parade/Procession/March (Other (specify):
Event Title
69th Annual Christmas Parade
Event Location
Yucaipa Blvd (California St / Yucaipa Blvd. / 6th St.
Event
Description
The 69th Annual Christmas Parade will be held on Saturday, December 14, 2024.
The Parade will start at the corner of Avenue D and California Street. The route will proceed north on California Street until Yucaipa Boulevard, travel west on Yucaipa Boulevard until 6th Street, travel south on 6th Street and end at the Oak Valley Education Center campus.
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
12/14/24
❑■ Set-up
Event Day Clean-up
8:00 am
12:00 pm
12/14/24
❑ Set-up
❑■ Event Day ❑ Clean-up
12:00 pm
3:00 pm
12/14/24
Set-up
❑ Event Day Clean-up
3:00 pm
4:00 pm
❑ 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
+/-io,000
Total anticipated attendance: Participants: ' Spectators:
How many years? 68 yrs
1 000 9 000
CITY OF YUCAIPA
SPECIAL EVENT PERMIT
APPLICATION
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.
1/009
CITY OF YUCAIPA
SPECIAL EVENT PERMIT
APPLICATION
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:
All streets listed below require closures on Saturday, 12/9/23 from 8:00 a.m.-4:00 p.m. California Street: Acacia Ave. to USPS; Acacia Ave: Entrance of YPAC Parking Lot to California; Avenue A:
2nd St to Bryant St - Maybe scaled back to 1st St to Adams St; Avenue B: 2nd St to Bryant St - Maybe scaled back to 1st St to Adams St; Avenue C: 2nd St to Bryant St - Maybe scaled back to 1st St to Adams St; Avenue D: 2ns St to Bryant St - Maybe scaled back to 1st St to Adams St; Yucaipa Blvd: California St to 6th St6th St: Yucaipa Blvd to OVEC Campus Indicate how this closing/reopening of streets will be handled:
n City of Yucaipa to handle (cost to be specified) n 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:
California Street: Acacia Ave. to USPSAcacia Ave: Entrance of YPAC Parking Lot to CaliforniaAvenue A: 2nd St to Bryant St - Maybe scaled back to 1st St to Adams StAvenue B:
2nd St to Bryant St - Maybe scaled back to 1st St to Adams StAvenue C: 2nd St to Bryant St - Maybe scaled back to 1st St to Adams StAvenue D: 2ns St to Bryant St - Maybe scaled back to 1st St to Adams StYucaipa Blvd: California St to 6th St6th St: Yucaipa Blvd to OVEC 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 City staff.
Food and Beverage
Please describe how food will be served at the event:
None
Will food be cooked in the event area? Yes ■ No
Method: ❑ Gas n Electric n Charcoal n Other (specify):
Does the event involve the sale or use of alcoholic beverages? n Yes ■
No
If alcohol is to be sold, how will the alcohol sales be regulated? NA
Who will be handling the alcohol sales?
NA
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? ■
Yes
No
cnru1-
peatiez.
CITY OF YUCAIPA
SPECIAL EVENT PERMIT
APPLICATION
Company
Name
Diamond Environmental
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.) None
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 provide the following information.
Company
Name
Will coordinate with Burrtec
Contact Name
Phone Number
If not hiring a professional sanitation company, please provide the following information for the person(s) responsible for waste removal.
Contact Name
Yucaipa Rotary Club - DonnaKaye / Jennifer Crawford
Phone Number
Cal Fire/Medical
In case of an emergency, the on -site contact will call 9-1-1. If event requires an ambulance company to be on -site, please provide the following information:
Company
Name
Cal Fire
Contact Name
Phone Number
crn. or
faa#1(te,,-
CITY OF YUCAIPA
SPECIAL EVENT PERMIT
APPLICATION
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:
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? n Yes n No Company
Name
SBCSD
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? n Yes n No Start time: End time:
Are there any musical entertainment features for this event? n Yes n No Name of Act
Various bands in the parade & sound from various floats Contact Name
Phone
Number
How many stages? 1 Number of bands? 4-6 Genre of music: various Will fireworks, rockets, or other pyrotechnics be used? ❑ Yes n No Company
Name
6IPage
CITY OF YUCAIPA
SPECIAL EVENT PERMIT
APPLICATION
Contact Name
Phone Number
Describe (indicate dates, times and locations for launching and fallout areas):
Has a permit been issued: I I 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 n Insurance certificate attached n Insurance certificate on file n 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.)
7IPage
CITY o.
facetilat;17.-
Application Checklist
CITY OF YUCAIPA
SPECIAL EVENT PERMIT
APPLICATION
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: `1 • Crawford 4.29.24
Signature: Date:
8IPage
Agenda Item No. 9
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services tieri FOR: City Council Meeting of November 13, 2024
SUBJECT: Fiscal Year 2024-2025 Community Services Procurement
RECOMMENDATION
That the City Council:
1. Authorize the execution of a contract with Diamond Environmental Services for the procurement of portable restrooms, wash stations, and fencing for festivals and events; and
2. Dispense with competitive bid procedures as per Section 2.24.060.A of the City of Yucaipa Municipal Code.
BACKGROUND/DISCUSSION
As part of our commitment to providing safe and enjoyable festivals and events for our community, we require appropriate fencing and restroom facilities. Based on our previous experiences and the nature of the events scheduled, Diamond Environmental Services has demonstrated the ability to provide high -quality services that meet our needs and at the lowest cost. Given the anticipated attendance and general requirements for these events, we estimate the total cost for rentals to exceed $30,000. Therefore, per Section 2.23.012 Purchasing Levels and Approval Authority of Ordinance No. 414, City Council approval is required. It is anticipated that the total cost for FY25 is approximately $50,000. The estimated costs include restrooms, wash stations, and fencing for the following events:
• 4th of July
• Autumnfest
• Five Winds Country Music Festival
• Winterfest
• Music and Arts Festival
• Outdoor concerts and rentals at the YPAC
City staff is requesting that the City Council dispense with competitive bid procedures as per Section
2.24.060.A of the Purchasing Policy as it would be "impracticable, useless and uneconomical" to follow such procedures. Staff has followed the "sole source" processes in the purchasing policy.
FISCAL IMPACT
The costs associated with the agreement have been included in the adopted FY25 Budget. and Attachment
1. Goods and Services Agreement
Approved by: =
ATTACHMENT 1
GOODS AND SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF YUCAIPA,
A CALIFORNIA MUNICIPAL CORPORATION
AND
DIAMOND ENVIRONMENTAL SERVICES, LP
CALIFORNIA
Form Approved 2/10/2023
GOODS AND SERVICES AGREEMENT
FOR PORTABLE RESTROOMS, WASH BASINS, AND FENCING
BETWEEN THE CITY OF YUCAIPA AND DIAMOND ENVIRONMENTAL
THIS GOODS AND SERVICES AGREEMENT ("Agreement") is made and entered into this 23 day of September, 2024 ("Effective Date"), by and between the CITY OF YUCAIPA ("City"), a California municipal corporation and Diamond Environmental Services, California Limited Partnership ("Vendor"). For the purposes of this Agreement, City and Vendor are sometimes hereinafter referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
1. City has sought by direct contact to rent restrooms and fencing from Vendor and for Vendor to provide performance of restroom pumping services and fence installation and removal defined and described particularly in Section 2, "Scope of Services" of this Agreement.
2. Vendor desires to perform and assume responsibility for the rental of restrooms and fencing and the performance of pumping restrooms and installation and removal of fence. required by the City on the terms and conditions set forth in this Agreement.
3. Vendor represents that it has the required competence and qualifications for the satisfactory performance of restroom pumping, fence installation and removal and to provide restrooms and fence as requested by the City.
4. The Parties desire to formalize the selection of Vendor, to rent to City the materials and/or equipment and/or render such services as defined and described particularly in Section 2 "Scope of Services" of this Agreement and desire that the term of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2024 commencing on Effective Date, unless otherwise extended by written agreement of the Parties. Vendor shall provide all Goods (defined particularly below) and complete the Services (defined particularly below) within the Term of this Agreement and shall meet any other established schedules and deadlines. 00092061.2
SECTION 2. SCOPE OF SERVICES
(a) Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to perform the services and tasks set forth in Exhibit "A," "Scope of Services" (hereinafter, the "Services"), and the City agrees to retain and does hereby retain Vendor for the Services.
(b) Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Vendor agrees to sell to City and City agrees to purchase the materials and/or equipment set forth in Exhibit "A," "Scope of Services" (hereinafter, the "Goods"). Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.
SECTION 3. SCHEDULE OF PERFORMANCE
Vendor shall provide the Goods and/or Services expeditiously, within the Term of this Agreement, as set forth in Exhibit "C," "Schedule of Performance." Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Performance.
SECTION 4. ADDITIONAL SERVICES
At any time during the Term of this Agreement, City may request that Vendor perform "Additional Work." As used herein, "Additional Work" means any work which is determined by City to be necessary for the proper completion of the Goods and/or Services, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not be compensated for any Additional Work, unless such Additional Work is authorized in advance and in writing in accordance with Section 27 "Administration and Implementation" or Section 28 "Amendment" of this Agreement. If and when such Additional Work is authorized, such additional work shall be deemed to be part of the Goods and Services.
SECTION 5. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Vendor the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $50,000 ("Not to Exceed Amount"), unless additional compensation is approved in writing in accordance with Section 27 "Administration and Implementation" or Section 28"Amendment" of this Agreement.
(b) Payment to Vendor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Vendor.
(c) If this Agreement is extended pursuant to Section 1 "Term of Agreement," the City shall pay the same rates specified in Exhibit "B" "Compensation." (d) If Additional Work is authorized, Vendor will be compensated at the same rates and manner as set forth in this Agreement.
00092061.2
SECTION 6. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed and/or the goods provided. The invoices shall be delivered to City at the address set forth in Section 22, "Notices" hereof.
(b) Vendor shall at any time prior to the fifteenth (15th) of any month, submit to City a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City, as detailed in (c) below. (c) In order to receive payment, Vendor shall submit to City an itemized invoice, on a monthly bases, for services performed pursuant to this Agreement. Each itemized statement shall identify at the top of the first page, the Not to Exceed Amount, the services rendered during the billing period, the amount due for the statement invoice and the total amount previously invoiced, if any, for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 5(a) and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Vendor to determine whether the work performed/ good delivered and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (d). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Vendor for correction and resubmission.
(d) Except as to any charges for work performed or expenses incurred by Vendor which are disputed by City, City will use its best efforts to cause Vendor to be paid within forty-five (45) days of receipt of Vendor's correct and undisputed invoice. (e) The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Maximum Amount specified herein. As part of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this Agreement.
SECTION 7. INDEPENDENT CONTRACTOR
(a) Vendor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Vendor shall have no authority to bind City in any manner, nor 00092061.2
to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing providing the Goods and/or Services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Vendor or any of Vendor's officers, employees, subcontractors or agents except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that Vendor or any of Vendor's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Vendor, nor any of Vendor's officers, employees or agents, shall obtain any rights to retirement, health care, workers' compensation, disability, or any other benefits which may otherwise accrue to City's employees. Vendor expressly waives any claim Vendor may have to any such rights.
SECTION 8. ACCEPTANCE OF GOODS
(a) The Goods shall be received subject to City's inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City's specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. Acceptance of any of the Goods by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 "Indemnification" and Section 20 "Insurance." (b) If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor's risk for a reasonable time thereafter and shall be returned or disposed of at Vendor's expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.
SECTION 9. ACCEPTANCE OF SERVICES
City may inspect and accept or reject any of Vendor's work under this Agreement, either during performance of the Services or when Services are completed. City shall reject or finally accept Vendor's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Vendor's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Vendor's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 19 "Indemnification" and Section 20 "Insurance."
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SECTION 10. CONTINUITY OF PERSONNEL
Vendor shall make every reasonable effort to maintain the stability and continuity of Vendor's staff and subcontractors, if any, assigned to provide the Goods and/or Services. Vendor shall notify City of any changes in Vendor's staff and subcontractors, if any, assigned to provide the Goods and/or Services prior to and during any such performance.
SECTION 11. STANDARD OF PERFORMANCE
Vendor represents and warrants that it has the qualifications, experience and facilities necessary to properly provide the Goods and/or Services required under this Agreement in a thorough, competent and professional manner. Vendor shall at all times faithfully, competently and to the best of its ability, experience and talent, provide the Goods and/or Services. In meeting its obligations under this Agreement, Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Vendor under this Agreement, and shall use such skill, prudence, and diligence as other members of Vendor's profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Services" that shall also be applicable to Vendor's work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 12. WARRANTY OF GOODS
In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or. furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer's warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and hold City harmless against any and all third -party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
SECTION 13. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES (a) Vendor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Vendor shall be liable for all violations of such laws and regulations in 00092061.2
connection with this Agreement. Vendor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Vendor represents and warrants that Vendor has obtained or shall promptly obtain all necessary licenses to provide the Goods and/or Services set forth in this Agreement and that such licenses are in good standing. Vendor further represents and warrants that the Services provided herein shall conform to all ordinances, policies and practices of the City. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Vendor to comply with this section. (b) Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB).
Vendor shall specifically be aware of the CARB limits and requirements' application to "portable equipment," which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Vendor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement.
(c) To the extent applicable, Vendor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.
Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or additional regulatory requirements. Vendor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Vendor's non-compliance with the laws, regulations and policies described in this section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
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ii. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this section.
Vendor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this section as they may relate to the Services provided under this Agreement. Upon request, City will provide Vendor with a list of training programs that meet the requirements of this paragraph.
SECTION 14. PREVAILING WAGE LAWS
(a) Vendor is aware of the requirements of California Labor Code Section 1720, et seq.; and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and If the total compensation is one - thousand dollars ($1,000) or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Vendor's principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the Parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.
(b) If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractors must be registered with the Department of Industrial Relations ("DIR"). Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. This Agreement may also be subject to compliance monitoring and enforcement by the DIR. It shall be Vendor's sole responsibility to comply with all applicable registration and labor compliance requirements.
SECTION 15. NONDISCRIMINATION
Vendor and subcontractors shall not unlawfully discriminate, harass or allow harassment against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic 00092061.2
characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave, reproductive health decision making, genetic information, gender, gender identity, veteran military status, or reasonable accommodation in connection with or related to the performance of this Agreement. Vendor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder. The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Vendor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
SECTION 16. SAFETY
Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
i. Adequate life protection and lifesaving equipment and procedures; ii. Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and iii. Adequate facilities for the proper inspection and maintenance of all safety measures.
SECTION 17. ACCOUNTING RECORDS
Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
SECTION 18. DISPUTES
Should any dispute arise respecting the true value of any work done, of any work omitted, or of any Additional Work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Agreement, Vendor shall continue to perform while said dispute is decided by City. If Vendor disputes City's decision, Vendor shall have such remedies as may be provided by law. City reserves the right to employ other vendors in connection with the Goods and/or Services provided under this Agreement.
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SECTION 19. INDEMNIFICATION
(a) To the fullest extent permitted by law, Vendor shall indemnify, protect, defend (with legal counsel reasonably acceptable to 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 Vendor or subcontractors), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants 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, the Goods and/or Services provided by Vendor, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control.
Vendor'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.
(b) Vendor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Vendor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Vendor fails to obtain such indemnity obligations from others as required here, Vendor 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 Vendor and shall survive the termination of this Agreement and this section.
SECTION 20. INSURANCE
Vendor agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit "D" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Vendor agrees to provide City with copies of required policies upon request.
SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Vendor. In the event such notice is given, Vendor shall cease immediately all work in progress.
(b) Vendor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
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(c) If either Vendor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Vendor, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Vendor or City, all property belonging exclusively to City which is in Vendor's possession shall be returned to City. Vendor shall furnish to City a final invoice for work performed and expenses incurred by Vendor prepared as set forth in Section 6 "Method of Payment and Invoicing" of this Agreement.
This final invoice shall be reviewed and paid in the same manner as set forth in Section 6 "Method of Payment and Invoicing" of this Agreement.
(e) Upon written notice, City may suspend all or any portion of Vendor's performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Vendor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Vendor with written notice of the rescission, at which time Vendor would be required to resume performance in compliance with the terms and provisions of this Agreement. Vendor will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 22. NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City:
To Vendor:
City of Yucaipa
Attn: City Manager
34272 Yucaipa Blvd.
Yucaipa CA 92399
Diamond Environmental Services LP
Attn: Laura Cervantes
807 E. Mission Road
San Marcos, CA 92069
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 23. BINDING EFFECT
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
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SECTION 24. ASSIGNMENT
Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
SECTION 25. WAIVER
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Goods or Services shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 26. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Vendor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Vendor to the performance of its obligations hereunder.
SECTION 27. ADMINISTRATION AND IMPLEMENTATION
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 "Amendment" and the City Manager's contracting authority under the Yucaipa Municipal Code.
SECTION 28. AMENDMENT
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Vendor and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority under the Yucaipa Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. CONFLICTS OF INTEREST
(a) Vendor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Vendor's ability to provide the Goods and/or Services. Vendor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Vendor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 00092061.2
(b) City understands and acknowledges that Vendor is, as of the date of execution of this Agreement, independently involved in providing non -related goods and/or services to other governmental agencies and private parties. Vendor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Vendor will, provide non -related goods and/or services for other governmental agencies and private parties following the completion of providing the Goods and/or Services under this Agreement. Any such future goods and/or services shall not be considered a conflict of interest for purposes of this section.
SECTION 30. LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of San Bernardino, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California in Riverside.
SECTION 31. ATTORNEY'S FEES, COSTS AND EXPENSES
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT
This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Vendor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. TIME OF ESSENCE
Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]
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GOODS AND SERVICES AGREEMENT
FOR [Insert description of services, e.g. janitorial services or materials/equipment for purchase] BETWEEN THE CITY OF [CITY] AND [Insert Vendor's Name]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.
CITY OF YUCAIPA
Chris Mann
City Manager
Phillip White
Director of Finance
Megan Wolfe
Director of Community Services
CITY OF YUCAIPA
By:
Its:
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Signature Page
EXHIBIT "A"
SCOPE OF SERVICES
Supply Porta Potties and Wash Stations:
Furnish porta-potties, restroom trailers, and/or wash stations according to the specifications provided by staff. Ensure all porta-potties are clean, deodorized, and in good working condition.
Strategically place porta-potties at locations specified by staff. Service and clean porta-potties and wash stations as requested by staff (specify frequency, e.g., daily, every other day) to maintain hygiene and functionality. Properly dispose of waste in compliance with local regulations and provide documentation of disposal procedures. Refill and clean wash stations specify frequency) to ensure they are functional and hygienic throughout the event/project duration. Supply necessary supplies (e.g., toilet paper, soap, paper towels).
Fencing Installation and Tear Down:
Install temporary fencing as per the layout and specifications provided by staff. Ensure fencing is secure and safe. Use high -quality, durable materials suitable for the environmental conditions.
Conduct a thorough inspection of fencing post -installation to ensure stability and safety.
Dismantle and remove fencing post-event/project efficiently and without damage to the surrounding area.
Exhibit A — Scope of Services Page 1
EXHIBIT "B"
COMPENSATION
Compensation for the Services shall not exceed $50,000.
Exhibit B - Compensation Page 1
EXHIBIT "C"
SCHEDULE OF PERFORMANCE
Vendor will supply goods and services upon the requested date given by staff.
Exhibit C — Schedule of Performance Page 1
EXHIBIT "D"
INSURANCE
(A)INsuRANCE REQUIREMENTS. Vendor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Vendor, its agents, representatives or employees.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Vendor shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Vendor shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
AUTOMOBILE LIABILITY INSURANCE. Vendor shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Vendor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Vendor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
WORKERS' COMPENSATION INSURANCE. Vendor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000 per accident or disease). Vendor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Vendor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary Exhibit D — Insurance Page 1
coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop -down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Vendor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Vendor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Upon request from the City, Vendor shall furnish certificates and endorsements from each subcontractor identical to those Vendor provides.
2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Vendor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
4. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be Exhibit D — Insurance Page 2
endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Exhibit D — Insurance Page 3
Agenda Item No. 10
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Joe Pradetto, Director of Governmental Affairs
FOR: City Council Meeting of November 13, 2024
SUBJECT: Yucaipa Branch Library Project Update and Approval of the Library Project and Use Agreement
RECOMMENDATION:
That the City Council:
1. Receive an update on the Yucaipa Library Project and its funding; and
2. Approve the Library Project and Use Agreement Between City of Yucaipa, Yucaipa- Calimesa Joint Unified School District, and San Bernardino County.
BACKGROUND/DISCUSSION:
Project Update
On February 12, the City Council received a comprehensive update on the Yucaipa Branch Library Project (Project) that outlined the history of the Project and recent funding commitments that helped meet the State matching requirement, making the Project viable.
In that report, staff shared that the $9 million State grant was subject to budget cuts and proposed that the City proceed with the Project in the face of that uncertainty so that we could work towards meeting the grant construction deadline.
Recent Updates
Several important developments have happened since the Project update in February.
State Library Grant. The State Library grant funding was spared from cuts, allowing the City to retain its $9 million grant to cover construction related costs only.
Federal Congressional Designation. At the City's request, Congressman Jay Obrenolte submitted a federal appropriation in the amount of $500,000 for the Project. The request is now working through the Senate, but it appears that there is a good probability that the request will be approved.
Change Requests. The City submitted a formal request to the State Library to reduce the size of the proposed library project from 25,000 sq ft to 15,000 to 18,000 sq ft to stay within the estimated facility construction budget of $18 million. The State issued a tentative approval pending completion of the Project and Use Agreement.
The City also began discussions with the State about potential time extensions. The State Library requires that projects be complete and operational by March 2026. State Library staff indicated that it was not yet accepting extension requests.
Design -Build. In February, staff reported that it was researching what policies and/or ordinances it would have to adopt to use the design -build process. The design -build process helps deliver projects with more speed because the design and construction team work together. This contrasts with the typical design -bid process in which one firm designs the project, and another firm bids to construct it. The design -build process is faster and more seamless. The tradeoff is that you do not get multiple construction bids to ensure the lowest price. Instead, the design -build process aims to deliver a faster project with proven partners.
In its research, staff discovered that new legislation went into effect that permits cities to utilize a design -build process and is preparing an RFP/RFQ for City Council approval. Staff is pursuing a progressive design -build process to mitigate risk. The progressive design -build is a two-step process. The first step involves selecting qualified design and construction partners. When the design is about 70% complete, the second step involves estimating the construction costs.
This two-step process helps reduce risk by having a clear understanding of expected construction costs before committing to construction. That way, if construction estimates far exceed the project budget, the City can change course.
Development Services released an RFQ last week and plans to bring an item to award the contract to Council in January.
Project and Use Agreement
The next step in delivering this Project is approving the Library Project and Use Agreement Between City of Yucaipa, Yucaipa-Calimesa Joint Unified School District, and San Bernardino County (Agreement). The Agreement outlines each partner's contribution and responsibility for the Project. Although the Agreement moves the Project forward, it does not commit the City to construct the Project if cost estimates come in above budget or we lose funding.
Construction
The Agreement calls for the construction of a 15,000 to 18,000 sq ft library facility on property owned by the Yucaipa-Calimesa Joint Unified School District (District) and to be operated by the San Bernardino County (County). The City will own the facility during the initial term of the Agreement.
City Lead. Per the Agreement, the City is the lead agency under CEQA and is responsible for the construction of the new facility —including site development and any cost over -runs —and ongoing maintenance. The City will lead the process to 1) select design -build partners, 2) work with project partners to design the new library facility, and 3) construct the new library facility and related site improvements.
Site improvements are anticipated to be an additional $2.5 million, or more, on top of the $18 million grant -funded construction budget. Unless the City identifies additional partners and funding, the City is responsible for the cost of site improvements, increasing the likely cash investment for the whole project from $3 million to $5.5 million, plus.
Term of Agreement
The initial term of the Agreement is for 25 years. The grant agreement with the State Library requires a minimum of 10 years, but 25 years was selected as the initial term because it represents the typical lifespan of this type of new construction.
The parties may negotiate to extend the Agreement, but the City is not obligated to continue after the initial term. If the City declines to participate in future extensions or subsequent agreements, ownership of the facility will default to the District. If that happens, the District and County would negotiate the continued use of the facility as a library.
Termination
Since the Project still faces some uncertainty, the Agreement outlines several scenarios that would trigger termination. They are as follows:
1. The Division of the State Architect does not approve the facility within one year of the approval of this Agreement.
2. The State of California revokes grant funding.
3. The City is unable to perform according to grant requirements.
4. The City loses substantial funding to render Project infeasible.
5. Construction bids exceed available project funds.
6. District fails to provide the property.
Financial Responsibility Risks
Under the Agreement, the City is the lead agency and is accepting all financial responsibility beyond the secured financial commitments. The City has secured $15 million towards the construction of the Project, which is estimated to be $18 million. However, that $18 million does not include site improvements, which is estimated to be another $2.5 million, or more.
This means that the City Council has committed and set aside $3 million towards construction of the new library facility, but that does not include items such as design and architectural costs, running utilities, building a parking lot, and installing landscaping. These costs are expected to
cost around $2.5 million but could grow to be much more. At present, the source for the additional funds to construct site improvements is unknown.
To summarize: The City Council has identified and committed $3 million towards the matching component of the State grant to build a new library facility. However, the grant cannot be used for site improvements, like landscaping, utility connections, and parking, and these components are estimated to cost an additional $2.5 million or more. The source of those funds has not been identified, and under the terms of this Agreement, the City is responsible for these costs. This brings the City's estimated contribution closer to $5.5 million, but only $3 million has been identified and committed, and under the terms of the Agreement, the City's financial responsibility could be much higher.
FISCAL IMPACT:
By approving the Agreement, the City is restating its intention to contribute $3 million towards construction of the Project. However, it is also accepting responsibility for site improvements, which are estimated at $2.5 million, the source of which has not been identified. This would bring the City's estimated financial contribution to $5.5 million or more to complete the entire project.
However, approving this Agreement does not commit the City to building the Project if cost estimates come in over budget or if we lose funding.
Attachments:
1. Library Project and Use Agreement Between City of Yucaipa, Yucaipa-Calimesa Joint Unified School District, and San Bernardino County (Agreement) �" Approved by:
ATTACHMENT 1
LIBRARY PROJECT AND USE AGREEMENT BEWTEEN CITY OF YUCAIPA,
YUCAIPA-CALIMESA JOINT UNIFIED SCHOOL DISTRICT,
AND SAN BERNARDINO COUNTY
This Project and Use Agreement ("Agreement") is made and entered into on , 2024, between City of Yucaipa ("City"), Yucaipa-Calimesa Joint Unified School District ("District") and San Bernardino County ("County"). City, District, and County are each a "Parry" and collectively, or any two entities are "Parties."
RECITALS
WHEREAS, County built the Yucaipa Branch Library (the "Yucaipa Branch Library") in 1969, and County expanded it to its current size of 11,717 square feet in 1987; and WHEREAS, while the Yucaipa Branch Library has been modestly improved over the years, it stands much as it was originally constructed more than fifty years ago when the Yucaipa Branch Library facility served fewer than 10,000 residents; and WHEREAS, County has historically operated and continues to operate the Yucaipa Branch Library; and
WHEREAS, County's Library Master Facility Plan ("MFP"), published in 2001, addressed the inadequacies in the existing Yucaipa Branch Library facility and recommended construction of a new facility. County recommended construction of a 25,000 square foot facility based on a projected 20-year population growth in City to approximately 60,000 people by the year 2021; and WHEREAS, in 2009, City initiated a Library Needs Assessment Study which based the size of the facility on the projected 2030 population growth and resulted in a finding similar to the one presented in County's MFP; and
WHEREAS, today, City's population is approximately 54,420 people; and WHEREAS, development of a new Yucaipa Branch Library facility, which would serve the needs of City's larger population, is estimated to cost approximately eighteen million dollars ($18,000,000); and
WHEREAS, the California State Library Building Forward Library Infrastructure Program awarded City a nine million dollar ($9,000,000) grant (the "Grant") to assist in funding a new Yucaipa Branch Library facility ("Project"); and
WHEREAS, the Grant requires a local match of nine million dollars ($9,000,000, and City has secured the requisite matching funds; and
WHEREAS, City will continue to pursue additional funding that may be used to fund site development and enhancements to the Project; and
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WHEREAS, City, District, and County have a common interest in developing the Yucaipa Branch Library to serve the needs of the community, and this Agreement is intended to delineate the duties and funding responsibilities for the Parties for the Project; and NOW, THEREFORE, City, District, and County agree to the following terms:
ARTICLE 1
LIBRARY CONSTRUCTION
Section 1. Party Contributions. Each Party to this Agreement shall contribute to the construction and furnishing of Project, as outlined below.
a. City. City shall contribute three million dollars ($3,000,000) towards construction of Project. City's contribution shall be the first funds expended on Project ("City Contribution").
b. District. District shall provide a portion of District -owned real property located at 33002 Yucaipa Boulevard, Yucaipa California, (See Exhibit "A"; APN: 0303-071-28) ("Property") for the Project. Property is approximately 4.22 acres. District shall retain all rights and remedies pursuant to California Education Code Section 17050 as may be required. The portion contributed shall be sufficient to accommodate the Project and necessary landscaping, and parking (approximately two acres), as depicted in Exhibit "B" ("District Contribution").
c. County.
The County shall contribute four million dollars ($4,000,000) to the City for reimbursement of construction costs of the Project ("County Construction Contribution"). The City shall invoice the County upon completion of construction of the Project. The County shall provide the County Construction Contribution within sixty (60) days of receipt of such invoice.
ii. The County shall contribute one million dollars ($1,000,000) towards furniture, fixtures, and equipment for the Project, as needed, which County shall inventory annually ("County Fixtures Contribution").
Section 2. Project Description. The Parties intend to build a 15,000 to 18,000 square foot library facility with requisite parking, landscaping, and other site improvements on Property ("Facility"). City shall provide proof that all funds contributed under this Agreement are used for this purpose. District will continue to own Property, City will own Facility, and County will continue to operate the Yucaipa Branch Library. City shall seek approval of Project by the Division of the State Architect.
Section 3. City's Duty to Construct Project. City will be the lead agency for Project with respect to associated grant applications, project funding, Facility design, documentation required by the California Environmental Quality Act ("CEQA"), acquisition of regulatory permits, 4885-4873-6701.1 2
and construction. City shall be fully responsible for entering into all agreements required for, and relating to, the approval and construction of Project. City shall be responsible for complying with all State and local laws relating to the construction of library facilities. The City covenants to utilize the City Contribution, County Construction Contribution, and County Fixtures Contribution for construction of the Project.
Section 4. Ownership. During the initial term of this Agreement, City will own Facility including all improvements constructed using funds from the Grant. District will retain ownership of Property. Ownership of furnishings and equipment shall be inventoried annually by the Parties and remain the property of the Party that supplied or purchased any furnishings or equipment. Upon City's one year notice of termination of the initial term of this Agreement, ownership of Facility, including all improvements, will transfer to District. County and District shall enter good faith negotiations for County to continue day-to-day operations of the Facility, and all furnishing and equipment will remain the property of the Party that supplied or purchased any furnishings or equipment.
District and County may purchase, own, inventory annually, and place additional furnishings, equipment and library materials in the Facility, subject to approval by City during the initial term only, and subject to the agreement that such additional furnishings, equipment and library materials will be available to all library patrons on the same basis as all other furnishings, equipment and materials purchased pursuant to this Agreement.
Section 5. Design. Prior to any construction on the Project, the City shall consult and obtain approval from the other Parties in the design process to ensure that Project meets the standards of a modern library and facilitates future District use of the remaining portion of the Property.
Section 6. Construction. In the event City contracts for the construction of the Project or any portion thereof, City shall comply with the provisions of the California Public Contract Code Sections 22000 through 22045 regarding bidding procedures and Labor Code Section 1770 et seq. regarding general prevailing wages, if applicable under California law.
ARTICLE 2
TERMS
Section 1. Term of Agreement. The initial term of Agreement shall commence upon execution by Parties and shall remain in effect for twenty-five (25) years. The Parties may extend this Agreement after the initial 25-year term by mutual written agreement. If the City terminates the Agreement after the initial 25-year term by providing a one-year notice of termination, the District and County shall enter good faith negotiations for County to continue day-to- day operations of the Facility.
Section 2. Facility Use. The Parties agree that Facility will operate as a public library for the term of this Agreement with details of day-to-day operations specified in a separate lease 4885-4873-6701.1 3
agreement. The separate facility use agreement between the County and District will be executed prior to any construction.
Section 3. Operations. The Parties agree to operate the Facility as follows:
a. Day -to -Day Operations. County shall provide day-to-day operations at the Facility, including staffing, programming, and custodial services, and consumable supplies. b. Facility Costs. County shall be responsible for Facility costs, including water and sewer, electricity, gas, refuse disposal, and custodial maintenance. c. Maintenance. City shall be responsible for pest management, and the safety, security, and satisfactory performance of Facility, including painting, floor re -finishing, electrical, plumbing, mechanical systems, and fixtures.
Section 4. Renovations and Upgrades. The Parties must agree to any renovation or Facility upgrade.
Section 5. Insurance. Each Party shall, at its sole cost and expense, provide coverage for its activities in connection with this Agreement by maintaining in full force and effect programs of insurance and/or self-insurance as specified in Exhibit "C", attached hereto and incorporated herein by reference.
District shall provide property insurance in the same manner and at the same level as it does for other District facilities located on property owned by District, except that it shall add by endorsement City and County, its officers, agents, employees, independent contractors and elected and appointed official, as additional insureds.
Section 6. Indemnification and Hold Harmless. Each Party agrees to indemnify, defend (with counsel approved by City and County) and hold harmless the other Parties ("Indemnitees") and their authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement, but only to the extent actually caused by the negligent acts, errors or omissions of the indemnifying Party and its authorized officers, employees, agents, and volunteers, and for any costs or expenses incurred by Indemnitees on account of any claim except where such indemnification is prohibited by law.
If the Parties are determined to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under this Agreement, each Party shall indemnify the others to the extent of its comparative fault as determined in a legal action.
Section 7. Termination Events. This Agreement shall terminate upon the occurrence of the following events:
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(a) Division of the State Architect does not approve Facility within one (1) year of execution of this Agreement,
(b) State of California revokes the Grant,
(c) City is unable to perform according to Grant requirements, (d) City loses a substantial amount of funding to render Project infeasible, (e) Construction bids exceed available Project funds,
(f) District fails to provide the Property,
(g) One or more of the Parties breach the terms of this Agreement, or (h) City fails to complete construction of the Project by March 31, 2026.
Upon termination of the Agreement, pursuant to Article 2, Section 7, subsections (a)-(h) herein, the City shall return to the County any unused funds remaining from the County Construction Contribution and County Fixtures Contribution.
Section 8. Modifications. The Parties understand that there are no oral agreements between the Parties to this Agreement, and this Agreement supersedes and cancels all previous negotiations, arrangements, oral agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may only be varied, modified, or altered by the mutual written consent of the Parties. No alterations, amended modifications, or variations of the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the Parties.
Section 9. Notices and Contacts. All notices, demands, requests, consents, approvals, or communications from one Party to another shall be personally delivered, sent by facsimile, or electronic mail to the positions set forth below and shall be deemed given one (1) business day after it is sent. Notice shall be deemed given five (5) calendar days after deposit in the United States mail, certified and postage prepaid, return receipt requested, and addressed as follows, or at such other address as either may from time to time specify to the other Parties in writing.
To CITY:
City of Yucaipa
Attn: City Manager
34272 Yucaipa Blvd.
Yucaipa, California 92399
To DISTRICT: Yucaipa-Calimesa Joint Unified School District Office of the Superintendent
Attn: Superintendent
12797 Third St.,
Yucaipa CA 92399
To COUNTY: San Bernardino County Library
Office of the County Librarian
Attn: County Librarian
4885-4873-6701.1 5
268 W. Hospitality Lane, 3`d Floor, Suite 301
San Bernardino, CA 92415
The Parties agree to accept facsimile or scanned signed documents and agree to rely upon such documents as if they bore original signatures. The Parties agree to provide, within seventy-two (72) hours after transmission of such a facsimile or scan, the original documents that bear the original signatures.
Section 10. Compliance with Applicable Law. The Parties agree to comply with all applicable Federal, State and local laws and regulations pertaining to Project. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California.
Section 11. Venue. The venue of any action or claim brought by any Parties to this Agreement shall be the Superior Court of California, County of San Bernardino, San Bernardino District. If any action or claim concerning this Agreement is brought by any third -party and filed in another venue, the Parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino, San Bernardino District.
Section 12. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against any Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The section headings are for purposes of convenience only.
Section 13. Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
Section 14. Representatives. District's Superintendent or designee ("District Representative") and County's Librarian or designee is designated as being the principal and representative for District and County, respectively, authorized to act in its behalf with respect to the work, services, and activities specified herein. City Manager or designee ("City Representative") is designated as being the representative of City authorized to act on its behalf with respect to work, services, and activities, specified herein.
Section 15. Execution. The Parties may execute this Agreement in counterparts, each of which shall be an original but all of which shall constitute the same instrument. The Parties shall be entitled to sign and transmit an electronic signature ofthis Agreement (whether by facsimile, PDF, or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request. 4885-4873-6701.1 6
Section 16. Waiver. The failure of any party to insist upon strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained.
Section 17. Time. Time is of the essence of every provision of this Agreement in which time is an element.
Section 18. Evaluation/Dispute Resolution. In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement or breach thereof, the Parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
The City and the District shall establish a Joint Use Interagency Team, composed of staff representatives of the City, County and the District, to monitor the joint use project and Agreement or its duration. The Interagency Team shall hold conference calls or meetings on a quarterly basis to review the performance of the project and to confer to discuss interim problems during the term of the Agreement. If the Joint Use Interagency Team is unable to reach a solution on a particular matter, it will be referred to the City Manager, County Librarian and District Superintendent, or their designees, for resolution.
The Joint Use Interagency Team shall review the Agreement by each designee each year to evaluate the Project and to propose amendments to this Agreement.
Neither party is waiving any rights herein by agreement to the instant conflict resolution provision as may be bestowed upon them, should conflict resolution not prove fruitful, by California law; however, the parties shall be required to engage in a good faith effort to reach a resolution per this clause prior to initiation of litigation.
Section 19. Authorized Signatories. The Parties to the Agreement represent that the signatories executing this document are fully authorized to enter into this Agreement. [SIGNATURES APPEAR ON NEXT PAGE]
4885-4873-6701.1 7
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year adopted by the last Party.
CITY OF YUCAIPA
By:
Justin Beaver,
Mayor
Dated:
Attest:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
Approved as to Form:
Steven Graham Pacifico
City Attorney
SAN BERNARDINO COUNTY
By:
Dawn Rowe, Chair, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIR OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors of
San Bernardino County
Approved as to Legal Form
Deputy County Counsel
[Signatures Continue on Next Page]
4885-4873-6701.1 8
Approved as to Form:
District Counsel
Dated:
YUCAIPA-CALIMESA JOINT UNIFIED
SCHOOL DISTRICT
By:
Title:
4885-4873-6701.1 9
EXHIBIT A
PROPERTY DESCRIPTION
Y iicalpa Blvd Yu
Yucaipa Bly
(1 of 2)
Parcels: YUCAIPA-CALIMESA JOINT
UNIFIED SCH D
APN: 030307128
Lard Value: 0
Impr Value: 0
Exempt Value: 0
HOX:
Acreage: 4.40
Tax Status: EXEMPT FROM ASSESSMENT
Zoning: CITY OF YUCAIPA
Zoning Desc: City of Yucaipa
Jurisdiction: Oty of Yucaipa
URL: Mtp•/J www.yucaipa.org/
Base Year. 2016
Assess Desc RESTAURANT
Assess Class: COMMEROAL
Additional County Parcel Resources
Assessor Pao: Meg
Zoom to
4885-4873-6701.1
-r
EXHIBIT B
PROJECTED PROJECT
1 1 s;
PROPOSED LIBRARY BUILDING N
1.4 YUCAIPA BOULEVARD
•
,FL
4885-4873-6701.1
EXHIBIT C
INSURANCE REQUIREMENTS
A. The District is a member of a risk retention pool for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation. The remaining parties are authorized self -insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation. The Parties warrant that through their respective programs of self- insurance or membership in a risk retention pool, as applicable, they have adequate coverage or resources equivalent to the requirements in Section B. below, to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.
All approved subcontractors shall be subject to the provisions of this Agreement applicable to the Parties. The subcontractor shall agree to provide insurance set forth in accordance with the requirements herein. If the subcontractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the subcontractor agrees to amend, supplement or endorse the existing coverage to do so.
For any subcontractor, City shall:
A.1 Be responsible for subcontractor compliance with the Agreement and the subcontract terms and conditions; and
A.2 Ensure that the subcontractor follows County's reporting formats and procedures as specified by County; and
A.3 Include in the subcontractor's subcontract substantially similar terms as are provided in Article I and Article II and Exhibit "C" - Insurance Requirements.
B. Without in anyway affecting the indemnity herein provided and in addition thereto, the Parties shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
B.1
Workers' Compensation/Employer's Liability — A program of Workers' Compensation insurance or a state -approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with one million dollars ($1,000,000) limits covering all persons including volunteers providing services on behalf of the Parties and all risks to such persons under this Agreement.
B.2 Commercial/General Liability Insurance — The Parties and subcontractor shall carry General Liability Insurance covering all operations performed 4885-4873-6701.1
by or on behalf of the Parties providing coverage for bodily injury and property damage with a combined single limit of not less than ten million dollars ($10,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. Ten million dollar ($10,000,000) general aggregate limit.
B.3 Automobile Liability Insurance — Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non -owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than five million dollars ($5,000,000) for bodily injury and property damage, per occurrence.
B.4 Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
B.5 Professional Liability — Professional Liability Insurance with limits of not less than one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) aggregate limits;
or
Errors and Omissions Liability Insurance — Errors and Omissions Liability Insurance with limits of not less than one million dollars ($1,000,000) and two million dollars ($2,000,000) aggregate limits; or
Directors and Officers Insurance coverage with limits of not less than one million dollars ($1,000,000) shall be required for contracts with charter labor committees or other not -for -profit organizations advising or acting on behalf of the County.
If insurance coverage is provided on a "claims made" policy, the "retroactive date" shall be shown and must be before the date of the state of the contract work. The claims made insurance shall be maintained or "tail" coverage provided for a minimum of five (5) years after contract completion.
4885-4873-6701.1
B.6 Environmental Contracts
a. Environmental Liability Insurance with a combined single limit of not less than five million dollars ($5,000,000) per claim or occurrence and a separate aggregate for the contract project. The required additional insured endorsement shall protect the Parties without any restrictions.
b. If insurance coverage is provided on a "claims made" policy, the "retroactive date" shall be shown and must be before the date of the start of the contract work. The claims made insurance shall be maintained or "tail" coverage provided for a minimum of five (5) years after contract completion.
B.7 Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
C. Additional Insurance Requirements
a. Additional Insured. All policies, except for Worker's Compensation, Errors and Omissions and Professional Liability policies shall upon written request from a Party, contain additional endorsements naming the Parties and Parties' officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the Party to vicarious liability but shall allow coverage for the Party to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85. b. Waiver of Subrogation Rights. The Parties and subcontractor(s) shall require the carriers of required coverages to waive all rights of subrogation against the Party, the Party's officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Parties or Subcontractor(s) and their employees or agents from waiving the right of subrogation prior to a loss or claim. c. Policies Primary and Non -Contributory. All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by each Party.
d. Severability of Interests. City agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross -liability exclusions that preclude coverage for suits between City and other 4885-4873-6701.1
Parties or between other Parties and any other insured or additional insured under the policy.
e. Proof of Coverage. Upon written request, the Parties shall furnish Certificates of Insurance to the requesting Party evidencing the insurance coverage at the time the Agreement is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the other Parties, and the Parties shall maintain such insurance from the time City commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Agreement, City shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. f. Acceptability of Insurance Carrier. Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VII".
g.
Deductibles and Self -Insured Retention. Any and all deductibles or self - insured retentions in excess of ten thousand dollars ($10,000) shall be declared to and approved by Risk Management.
h. Failure to Procure Coverage. In the event that any policy of insurance required under this Agreement does not comply with the requirements, is not procured, or is canceled and not replaced, subject to the terms set forth under Section 7 (Termination Events), The Parties have the right but not the obligation or duty to cancel the Agreement or upon notice to City, obtain insurance if the Parties deem it necessary and any premiums paid by the Parties will be promptly reimbursed by City or the Parties' payments to City will be reduced to pay for the Parties' purchased insurance.
i. Insurance Review. Insurance requirements are subject to Parties periodic review. City acknowledges that Parties' Director(s) of Risk Management or designee are authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect Parties' interests. In addition, if County Risk Management reasonably determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the County Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against Parties, inflation, or any other item reasonably 4885-4873-6701.1
related to Parties' risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. City agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on Parties' part to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on Parties' part.
4885-4873-6701.1
Agenda Item No. 11
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Chris Mann, City Manager ( Imo'
Jennifer Crawford, Assistant C'anager
Phil White, Director of Financ
Fermin Preciado, Director of De elopment Services/City Engineer FOR: City Council Meeting of November 13, 2024
SUBJECT: Reorganization of Code Enforcement Division
RECOMMENDATION:
That the City Council receive the update of the transfer of operations and oversight of the Code Enforcement Division from the Development Services Department to the Public Safety Division.
BACKGROUND/DISCUSSION:
Since the City's incorporation, the Code Enforcement (CE) Division has been part of the Community Development Department. In 2019, the Community Development Director position became vacant, and due to budget constraints, the position has been frozen and unfilled Currently, the CE Division, Planning Division, Building & Safety Division and Economic Development Division have been under the Development Services Department along with the Engineering Division and Public Works Division. This prolonged vacancy and organizational structure with oversight of many divisions under the Development Services Department has led to oversight challenges in the Code Enforcement Division. Examples of these challenges include inconsistencies between the municipal code and current practices, as well as procedures that do not align with best practices for a municipal code enforcement division.
To address these challenges and advance City Council's 2024 Goal #11— Enhance Business -Friendly Approach by Streamlining Permitting Processes and Altering Code Enforcement Methodology - the CE Division will be reorganized with oversight under the Public Safety Manager in the Public Safety Division, which reports directly to the Assistant City Manager.
Although this reorganization represents a significant operational change, this shift comes at a time when changes to policies and procedures have been implemented throughout City Hall to better serve the public with the implementation of the City's new Tyler Technologies EP&L software. For the CE Division, the recent implementation of Tyler Technologies IG Enforce software, along with the release of a "Expectations of the CE Division" Memo, will help reset and support the CE Officers in
achieving the City Council's goals and continue to improve service to the community. Additionally, a comprehensive CE Policies and Procedures Manual is currently in development to help the CE Division's methods align with best practices.
The reorganization will take effect on November 16, 2024, and the update to the financial system workflow and electronic time tracking approvals for CE Division personnel will be implemented.
The budgetary impact of the reorganization will be transitioned effective July 1, 2025, with next year's budget.
Additionally, each CE officer will be equipped with a body camera to provide an objective record of interactions between officers and the public, which can help improve the CE officer's safety, reduce the City's liability and promote transparency with the community. Each CE officer will also be provided with a radio to improve communications in the field among CE officers and the Sheriffs Department, enhancing officer safety. Broader organizational improvements are also planned, including fleet management telematics software to be outfitted on all City fleet vehicles and selected heavy equipment and machinery. This software is an optimal tool for fleet management and allows for real-time location and diagnostic data collection, which enables accurate and timely fleet maintenance, asset management, and opportunities for safer driving and accident reduction ultimately resulting in significant cost savings to the City. The proposed change to the organizational chart is included in Attachment 1.
FISCAL IMPACT:
This reorganization does not result in a direct fiscal impact. The fiscal impact related to future procurements is anticipated to be covered in the current year budget.
Attachment:
1. Organizational Chart Reflecting Realignment of Code Enforcement Division
ATTACHMENT 1
Attachment 1 — Organization Chart Reflecting Realignment of Code Enforcement Division r
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CITY OF YUCAIPA
AGENDA REPORT
Honorable Mayor and City Council
Phillip White, Director of Finance
Ryan Blackerby, Deputy Director of Finance 31>
City Council Meeting of November 13, 2024
Fiscal Year 2023-24 Preliminary Budget Review
Agenda Item No. 12
RECOMMENDATION:
That the City Council:
1. Receive the preliminary Fiscal Year 2023-24 (FY24) General Fund and Fire Fund budget review; and
2. Amend the FY24 Annual Budget by the amounts indicated in Attachment 1.
BACKGROUND/DISCUSSION:
The Aimual Budget is a dynamic document reflecting the spending plan for the City. In June 2023, the City Council adopted the FY24 Annual Budget for all accounting funds of the City.
Finance staff has begun working on closing the books for FY24. As an early step in this process, staff is performing a review of the preliminary results of the operating budget and has identified budget adjustments to reconcile the budget with actual expenses and close-out the budget.
This budget review focuses on the General Fund and Fire Fund, while the recommended budget adjustments in Attachment 1 include all funds.
General Fund FY24 Budget Summary:
A summary of the FY24 General Fund budgeted outflows is provided below for analysis. For comparison, columns are presented that represent the originally adopted budget and the revised budget as it currently stands.
Expenditures
City Manager
City Council
General Svcs
Finance
Community Svcs
Develop. Svcs
Govt'I Affairs
Police Services
Non -Department
Transfers -Out*
Total Expenditures
& Transfers -Out
FY24 Adopted Budget
$1,339,621
$127,427
$1,359,063
$2,164,653
$5,458,394
$6,663,513
$716,721
$13,406,811
($70,938)
$3,531,722
FY24 Revised Budget
$1,345,643
$127,427
$1,397,723
$2,142,628
$6,980,382
$7,843,767
$716,969
$13,672,861
$2,236,586
$3,548,636
Difference from Adopted
$6,022
$0
$38,660
($22,025)
$1,521,988
$1,180, 254
$248
$266,050
$2, 307, 524
$16,914
$34,696,987
$40,012,622
$5,315,635
*Note: Transfers -Out include the transfers proposed with this Agenda Report Key increases to General Fund budget subsequent to the original Adopted Budget include Hilary Storm damage repairs ($2.3M net) in Non -Department, STARS Programming ($1M) and Five Winds Festival ($245k) in Community Services, and a Building & Safety contract expense increase ($700k) in Development Services.
Preliminarily, the total actual FY24 General Fund outflows will be in excess of $36 million, which is under the FY24 Revised Budget by approximately $4 million. The numbers are preliminary as Finance staff continues to work on closing the year and prepare for the annual audit.
Fire Fund FY24 Budget Summary:
A summary of the FY24 Fire Fund budgeted outflows is provided below for analysis. For comparison, columns are presented that represent the originally adopted budget and the revised budget as it currently stands.
Expenditures FY24 Adopted Budget FY24 Revised Budget
Fire Protection Svcs $6,157,462 $6,267,452
Transfers -Out $1,833,126 $1,833,126
Difference from Adopted
$109,990
$0
Total Expenditures
& Transfers -Out $7,990,588
$8,100,578 $109,990
Preliminarily, it appears the total actual FY24 Fire Fund outflows will be slightly less than $8 million, which is under the FY24 Revised Budget. The numbers are preliminary as Finance staff continues to work on closing the year and prepare for the annual audit.
FISCAL IMPACT:
Details of the fiscal impacts of the budget adjustments are noted in Attachment 1.
Attachment(s):
1. FY24 Budget Adjustments
Approved by:
ATTACHMENT 1
City Council, November 13, 2024
Fiscal Year 2023-24 Budget Review
Attachment 1
FISCAL YEAR 2023-24
Various Funds (Transfers)
Budget adjustments are necessary to amend the FY24 Annual Budget by authorizing transfers in and out of various funds, as detailed in the table below, to allow for funding sources to cover previously authorized project -related expenditures, related clean-up, or fund balance corrections as noted:
FROM Fund
TO Fund
Project / Description
Recommended
Budget Increase
General Fund (100)
Cal Recycle (230)
Fund balance correction
$ 5,269
General Fund (100)
Measure I (206)
FY23 OmniTrans Grant
Unreimbursed Expenses
$ 5,356
General Fund (100)
Measure I (206)
Fund balance correction
$ 4,181
General Fund (100)
Total
$ 14,806
Measure I (206)
General Fund (100)
OmniTrans Grant (N10018)
$ 112,904
Measure I (206) Total
$ 112,904
Misc. Special Revenue
(225)
General Fund (100)
Fund balance correction
$ 35,123
Misc. Special Revenue
(225)
Misc. Capital
Projects Fund (610)
Wine Country Specific Plan -II
(C04546)
$ 167,421
Misc. Special Revenue
(225) Total
$ 199,544
Emer. Mgmt Assist.
(227)
General Fund (100)
EMPG Grant Transfers to General
Fund
$ 50,198
Emer. Mgmt Assist.
(227) Total
$ 50,198
CalTrans (236)
Street Maint. (500)
15th Street Sidewalk ATP Project
(C10000)
$ 300,857
CalTrans (236) Total
$ 300,857
Drainage Facilities
(510)
Misc. Special
Revenue (225)
OWOW Grant transfer reversal,
revenue posted in project fund
$ 5,400
Drainage Facilities
(510) Total
$ 5,400
Traffic Facilities (520)
Misc. Special
Revenue (225)
County Line/Calimesa Imprvts
(C05174) transfer reversal,
unreimbursed expenses
$ 212,178
Traffic Facilities (520)
Total
$ 212,178
Park Capital
Replacement Fund
(560)
TDA Article 3 (208)
Oak Glen Nghbrhd Park (C05228)
unreimbursed expenses
$ 9,629
City Council, November 13, 2024
Fiscal Year 2023-24 Budget Review
Attachment 1
Park Capital
Replacement Fund
(560) Total
$ 9,629
FEMA Capital (580)
General Fund (100)
Fund balance correction
$ 55,937
FEMA Capital (580)
Total
$ 55,937
Low Water Crossings
(590)
CalTrans (236)
Transfer reversal, closed grant's
remaining balance
$ 40,000
Low Water Crossings
(590)
CalTrans (236)
Transfer reversal, revenue posted to
project fund
$ 30,484
Low Water Crossings
(590)
CalTrans (236)
Fund balance correction
$ 28,906
Low Water Crossings
(590) Total
$ 99,390
Capital Projects Fund
(610)
Misc. Special
Revenue (225)
Winter Storm Debris Removal
(N10000), unreimbursed expenses,
local match approved by Council
$ 162,088
Capital Projects Fund
(610) Total
$ 162,088
Agenda Item No. 13
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Phil White, Director of Finance
FOR: City Council Meeting of November 13, 2024
SUBJECT: Measure S Update
RECOMMENDATION:
That the City Council receive an update on the budgetary impacts of the preliminary results of the Measure S vote.
BACKGROUND/DISCUSSION:
While the results posted on the San Bernardino County Registrar's website are unofficial, it appears that Measure S, which establishes a one -cent transactions and use tax, will be successful.
Measure S represents a substantial component of the City's financial strategy to address the deficit.
In the likely event that Measure S is successful, Yucaipa's preferred option for service levels will become clear. In the short-term, this means the City will have sufficient resources to allocate to address priorities and accomplish goals (next year's operating budget will be balanced with existing service levels).
Sustained financial stability requires forecasting long-term revenues and expenses, analyzing the economic and fiscal environments and determining the fiscal impact of future priorities and goals.
This information is being compiled into a Long -Term Financial Plan (LTFP). The LTFP ensures that the City is financially in organizational alignment with the strategic plan.
A municipal strategic plan is a roadmap for a city's future, outlining goals, projects, and metrics for success. It's a tool that local governments use to anticipate challenges, set priorities, and ensures accountability to the community. Identifying the City's mission and priorities requires involvement from the community, staff and the City Council. The development of the strategic plan takes considerable time, but offers numerous benefits, including:
Prioritizing resources
Allocates resources to the programs and services that matter most to the community.
Enhancing decision making
Ensures that all actions and initiatives are aligned with the municipality's goals.
Improving operational efficiency
Reduces ambiguity and ensures that all efforts are coordinated.
Being proactive
Helps the City anticipate challenges and adapt quickly.
Creating community trust
Builds community trust by showing how the activities and actions of the City benefit the public interest.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Approved by: ��'
Agenda Item No. 14
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 41/5' FOR: City Council Meeting of November 13, 2024
SUBJECT: November 5, 2024 General Municipal Election Wrap -Up RECOMMENDATION:
That the City Council receive an update from the City Clerk regarding the General Municipal Election held in the City of Yucaipa on Tuesday, November 5, 2024.
BACKGROUND/DISCUSSION:
A General Municipal Election was held in the City of Yucaipa on November 5, 2024, for the purpose of electing one (1) Member of the City Council for District 3; one (1) Member of the City Council for District 4; and one (1) Member of the City Council for District 5, each for the full term of four (4) years.
In addition, the City Council adopted resolutions on June 24, 2024, ordering the submission to the qualified electors of the City a measure establishing a one cent transactions and use (sales) tax, accepting the Certificate of Sufficiency of Petition to Recall Yucaipa City Councilmember Matt Garner, District 1, and calling for the holding of a Special Municipal Election on Tuesday, November 5, 2024, for the submission of the question of the recall of a certain officer.
By law, California county elections officials have 30 days, also known as the canvass period, to count every valid ballot and conduct a required post -election audit. The official results will be provided to the City Clerk by December 5, 2024. The City Clerk will then present the results to the City Council for adoption at its regular meeting scheduled for Monday, December 9, 2024.
While the results posted on the San Bernardino County Registrar's (ROV) website are unofficial, it appears that the recall in Yucaipa District 1 will be successful. In the likely event that the recall is successful, a vacancy will exist on the City Council. According to California Government Code § 36512(b), if a vacancy occurs in an elective office, the City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy.
Special Election
If the Council calls a Special Election, the Special Election shall be held on the next regularly established election date not less than 114 days from the call of the Special Election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent. California Elections Code § 1000 & 1301 define established election dates as follows:
(a) The first Tuesday after the first Monday in March of each even -numbered year that is evenly divisible by four. (March 7, 2028)
(b) The first Tuesday after the first Monday in March of each odd -numbered year. (March 2, 2027)
(c) The second Tuesday of April in each even -numbered year. (April 14, 2026) (d) The first Tuesday after the first Monday in June in each even -numbered year that is not evenly divisible by four. (June 2, 2026)
(e) The first Tuesday after the first Monday in November of each year. (November 4, 2025) Should the Council decide to call a Special Election, the next regularly established election would be November 4, 2025.
The City Clerk's Office has submitted a request for a cost estimate to the ROV but has not received an official response. While we don't have the actual cost of a Special Election, it is anticipated that it will exceed $100,000 based on previous estimates from the ROV.
Appointment
If the Council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office for the unexpired balance of the term of office.
Should the Council decide to fill the vacancy by appointment, the Council has complete discretion to make an appointment, limited only by the requirement that the person appointed be at least 18 years of age and a registered voter of District 1.
Staff recommends that the City Council discuss their options and provide any direction to staff as necessary.
FISCAL IMPACT:
There is no fiscal impact as a result of the recommendation. —
Approved by: