2024-12-09 Web — Yucaipa City Council, December 9, 2024

CITY OF
Justin Beaver, Mayor
Chris Venable, Mayor Pro Tem
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
AGENDA
City Council
Successor Agency • Housing Authority
December 9, 2024
City Hall - City Council Chambers
34272 Yucaipa Blvd., Yucaipa, California
Chris Mann, City Manager
Steven Graham, City Attorney
Ana V. Sauseda, City Clerk
The City Council serves as the Board for the Yucaipa Successor Agency and Commission for the Yucaipa Housing Authority.

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

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

Written public comment submitted on non -agenda items and on specific agenda items will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City's website at hgps://yucaipa.gov/agendas-minutes/. Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.
12/09/2024 City Council Agenda 1

Live stream/recording of City Council meetings:

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

Possible Live Stream Disruptions:

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

OPEN SESSION — 6:00 PM

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CHANGES TO THE AGENDA

SPECIAL PRESENTATION
YAPS Dog of the Month
Employee Recognition Jackie Jones

CITY CLERK ITEMS

CERTIFICATION OF ELECTION AND OATH OF OFFICE
• Adoption of Resolution No. 2024-60, Reciting the Facts of the General Municipal Election held on November 5, 2024; and
• Adoption of Resolution No. 2024-61, Reciting the Facts of the Special Municipal Election held on November 5, 2024; and
• Deem as adopted Ordinance No. 453, an ordinance of the people of the City of Yucaipa, California, adopting a one percent general transactions and use tax.

APPOINTMENT TO FILL CITY COUNCIL VACANCY
• Applicant Interviews — Interview the applicants
• Public Comment — Members of the public will be allowed no more than 3 minutes to comment on this item only
12/09/2024 City Council Agenda

• Appointment to Fill City Council Vacancy — Select a qualified applicant to fill the City Council Vacancy in District 1
• Oath of Office — City Clerk to swear in newly appointed Councilmember

CITY COUNCIL REORGANIZATION
• Selection of Mayor
• Selection of Mayor Pro Tern
• Comments by Newly Appointed Mayor and Mayor Pro Tem

ROLL CALL
PUBLIC COMMENT LIMIT 3 MINUTES

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

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

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

1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF NOVEMBER 13, 2024 AND THE CANCELLED MEETING MINUTES OF NOVEMBER 25, 2024
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority minutes of November 13, 2024 and the Cancelled Meeting Minutes of November 25, 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.
12/09/2024 City Council Agenda

4. SUBJECT: MONTHLY REPORT ON YUCAIPA APP USAGE — OCTOBER & NOVEMBER 2024
RECOMMENDATION: That the City Council receive and file a report of the user activity on the Yucaipa App for the month of October and November 2024.

5. SUBJECT: MONTHLY TREASURER'S REPORT OCTOBER 2024
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for October 2024.

6. SUBJECT: MEASURE S AGREEMENT PACKAGE WITH CALIFORNIA

DEPARTMENT OF TAX AND FEE ADMINISTRATION
RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 2024-63, authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration for implementation of a local transactions and use tax; and

2. Adopt Resolution No. 2024-64, authorizing examination of sales or transactions and use tax records; and

3. Amend the FY25 budget to include preparatory costs not to exceed $175,000 payable from the General Fund.

7. SUBJECT: BUDGET ADJUSTMENTS — FIRE FUND
RECOMMENDATION: That the City Council:

1. Increase the equipment maintenance budget by $75,000 for engine maintenance costs; and

2. Increase to the incident expense budget and corresponding revenue budget by $50,000 to address the costs incurred during the current fire season.

8. SUBJECT: BUDGET ADJUSTMENT - PUBLIC, EDUCATIONAL, AND

GOVERNMENTAL (PEG) FUNDING
RECOMMENDATION: That the City Council authorize the FY24 budget transfer for the use of $16,136 in PEG funding.

9. SUBJECT: RESOLUTION NO. 2024-62, SETTING THE 2025 CITY COUNCIL

MEETING SCHEDULE
RECOMMENDATION: That the City Council adopt Resolution No. 2024-62, setting the 2025 City Council meeting schedule.
12/09/2024 City Council Agenda

10. SUBJECT: FACILITY USE AGREEMENTS BETWEEN THE CITY OF YUCAIPA

AND YUCAIPA VALLEY YOUTH SOCCER ORGANIZATION, YUCAIPA VALLEY

AMERICAN LITTLE LEAGUE, YUCAIPA VALLEY NATIONAL LITTLE LEAGUE,

YUCAIPA-CALIMESA GIRLS SOFTBALL, YUCAIPA YOUTH BASKETBALL, INC., YUCAIPA JUNIOR ALL AMERICAN FOOTBALL AND CHEER, INC.,

YUCAIPA SWIM TEAM, SAND CANYON WATER POLO CLUB, AND YUCAIPA PICKLEBALL INC.

RECOMMENDATION: That the City Council:

1. Authorize the City Manager to execute Facility Use Agreements between the City of Yucaipa and Yucaipa Valley Youth Soccer Organization, Yucaipa Valley American Little League, Yucaipa Valley National Little League, Yucaipa-Calimesa Girls Softball, Yucaipa Youth Basketball, Inc., Yucaipa Junior All American Football and Cheer, Inc., Yucaipa Swim Team, Sand Canyon Water Polo Club (Organizations) and Yucaipa Pickleball Inc., for use of facilities; and

2. Authorize the City Manager or his designee to administer the terms of the Agreements.

11. SUBJECT: OFFERS OF DEDICATION FOR ROAD AND PUBLIC PURPOSES RECOMMENDATION: That the City Council:

1. Approve and accept an irrevocable Offer of Dedication for Public Roads and Public Utilities from Pete and Maria Ramirez on property identified as APN: 0302-262-53; and

2. Approve and accept an irrevocable Offer of Dedication for Public Street Purposes from Yucaipa Retail Partners, LLC on APN: 0303-101-25; and

3. Approve and accept an irrevocable Offer of Dedication for Public Street Purposes from Norma II Yucaipa Logistics Center, LLC on APN: 0318-213-15; and

4. Authorize the City Manager, or his designee, to execute the necessary documents to complete the acceptance process.

12. SUBJECT: CONTRACT AMENDMENT NO. 4 WITH ALLISON MECHANICAL, INC. FOR HVAC OPERATIONS AND MAINTENANCE SERVICES AT VARIOUS

CITY -OWNED PUBLIC FACILITIES
RECOMMENDATION: That the City Council authorize the City Manager to execute Contract Amendment No. 4 with Allison Mechanical, Inc. for HVAC Operations and Maintenance Services at Various City -Owned Public Facilities (Program) in the amount of $33,795 for HVAC system repairs at City facilities for a revised contract total in the amount of $150,853 for FY25.
12/09/2024 City Council Agenda C

13. SUBJECT: ACCEPTANCE OF CONTRACT WORK - INSTALLATION OF CITY

FURNISHED HIGH BAY LED LIGHT FIXTURES AND LIGHTING EQUIPMENT AT THE 7TH ST. COURTS (12385 7TH ST.) — PROJECT NO. 11213
RECOMMENDATION: That the City Council:

1. Accept the contract work completed by LogicLamp in the amount of $48,100.35 for the Installation of City Furnished High Bay LED Light Fixtures and Lighting Equipment at the 7th St. Courts (12385 7th St.) — Project No. 11213 (Project); and

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

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

14. SUBJECT: FINAL PARCEL MAP 20633
RECOMMENDATION: That the City Council:

1. Approve Final Parcel Map No. 20633; and

2. Accept an Offer of Dedication for Public Roads, City Highways and Public Utility Purposes on a portion of Kentucky Street as delineated on Final Parcel Map No. 20633; and

3. Authorize the recordation of the map from Crestwood Enterprise.

15. SUBJECT: ACCEPTANCE OF CONTRACT WORK - YUCAIPA COMMUNITY CENTER RESTROOM RENOVATION -PROJECT NO. 11224
RECOMMENDATION: That the City Council:

1. Accept the contract work completed by Preferred General Services in the amount of $103,934.93 for the Yucaipa Community Center Restroom Renovation - Project No. 11224 (Project); and

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

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

16. SUBJECT: ACCEPTANCE OF CONTRACT WORK — 2023/2024 PAVEMENT MICROSURFACE & CRACK SEAL PROGRAM — PROJECT NO. 11221
RECOMMENDATION: That the City Council:

1. Accept the contract work completed by Pavement Coatings Co. in the amount of $205,815 for the 2023/2024 Pavement Microsurface & Crack Seal Program Project No. 11221; and

2. Authorize the recordation of the Notice of Completion for the 2023/2024 Pavement Microsurface & Crack Seal Program.
12/09/2024 City Council Agenda L

DISCUSSION ITEMS

17. SUBJECT: 2025 REGIONAL COMMITTEE ASSIGNMENTS
RECOMMENDATION: That the City Council review and appoint Councilmembers to the various regional committees and direct the City Clerk to notify respective agencies of any changes and post the FPPC Form 806 to the City's website.

COUNCILMEMBER REPORTS

ANNOUNCEMENTS

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

E083932

CLOSED SESSION REPORT

ADJOURNMENT
12/09/2024 City Council Agenda

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. 12/09/2024 City Council Agenda Q

NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, if you would like to challenge the decision of the City Council on an item appearing on this Agenda, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this Agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

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

City of Yucaipa }
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby declare that the foregoing agenda was posted on 12/06/2024, 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.ygcaipa.gov
Ana V. Sauseda, MMC
City Clerk
12/09/2024 City Council Agenda n

Certification of Election

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 4blZ5 FOR: City Council Meeting of December 9, 2024
SUBJECT: Certification of the General and Special Municipal Elections held on November 5, 2024
RECOMMENDATION:

That the City Council:

1. Adopt Resolution No. 2024-60, a resolution of the City Council of the City of Yucaipa, California, reciting the facts of the General Municipal Election held on November 5, 2024, declaring the results and such other matters as provided by law; and

2. Adopt Resolution No. 2024-61, a resolution of the City Council of the City of Yucaipa, California reciting the facts of the Special Municipal Election held on November 5, 2024, declaring the result and such other matters as provided by law; and Deem as adopted Ordinance No. 453, an ordinance of the people of the City of Yucaipa, California, adopting a one percent general transactions and use tax.

BACKGROUND/DISCUSSION:

On May 13, 2024, the City Council adopted Resolution No. 2024-10, calling for the holding of a General Municipal Election to be held 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.

Additionally, on June 24, 2024, the City Council adopted Resolution No. 2024-36, calling for the holding of a Special Municipal Election to be held on November 5, 2024, for the purpose of submitting the question of the recall of Matt Garner, Councilmember District 1, to the voters and Resolution No. 2024-38, ordering the submission to the qualified electors of the city the Yucaipa Public Safety and Essential Services Protection Measure establishing a one cent transactions and use (sales) tax. These elections were consolidated with the November 5, 2024, San Bernardino County Statewide election.
12/09/2024 City Council Agenda 10

California Elections Code (EC), Sections 10262-10264 require that upon certification of the results of an election by the County Elections Office, the City Council shall meet to declare the results.

In accordance with EC § 10265, immediately following the adoption of the Resolution, the City Clerk will administer the oath of office and provide a certificate of election.

The San Bernardino County Registrar of Voters conducted the elections at the City's request; has completed a canvass of the votes; and has provided certification of those results, which are included as exhibits to the attached resolutions.

The results of the General Municipal Election are as follows:

For Councilmember, District 3
Total
%
Georgeann "Gi i" Hanna
1,170

31.44%
Lyle Vick
1,163

31.26%
Judy A. Woolsey
1,388

37.30%
For Councilmember, District 4
Total
%
Kristine K. Mohler
1,833

38.24%
Gordon Renshaw
503

10.49%
Justin Beaver
2,457

51.26%
For Councilmember, District 5
Total
Jon Thorp
4,193
100.00%
Measure S
Total
%
City of Yucaipa Public Safety/Essential Services Protection Measure; to prevent reducing police
YES: 15,260

60.04%
officers/firefighters/paramedics/fire stations, and to maintain other essential services, including 911 response, property NO: 10,155

39.96%
crime/gang prevention, senior/youth/afterschool programs, homelessness prevention, street/pothole repair, and for general government use, shall a measure establishing a 1 ¢ transactions and use (sales) tax providing approximately $6,000,000 annually until ended by voters, requiring
oversight, independent audits, spending disclosure, local control of all funds, be adopted?
The result of the Special Municipal Election is as follows:

Member, City Council District 1 Recall
Total
%
Shall Matt Garner be recalled (removed)
YES: 3,527

65.73%
from the office of Councilmember of
District 1 of the City of Yucaipa?
NO: 1,839

34.27%
12/09/2024 City Council Agenda 11

14 Pursuant to EC § 9217, Ordinance No. 453, an ordinance of the people of the City of Yucaipa, California, adopting a one percent general transactions and use tax shall be deemed adopted upon Certification of the Election where the majority of the eligible voters of the City of Yucaipa vote in favor, and shall take effect ten (10) days thereafter.

The City Clerk, as the Elections Official for the City of Yucaipa, hereby certifies the election results submitted by the San Bernardino County Registrar of Voters and presents a Resolution reciting such facts for adoption by the City Council.

FISCAL IMPACT:

There is no fiscal impact.

Attachments:

1. Resolution No. 2024-60

2. Resolution No. 2024-61

3. Ordinance No. 453
Approved by:
12/09/2024 City Council Agenda
12 ATTACHMENT 1
12/09/2024 City Council Agenda 13

RESOLUTION NO.2024-60

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

CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULTS

AND SUCH MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Yucaipa, California, on November 5, 2024, as required by law; and WHEREAS, notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established, election officers were appointed, all respects of the election held and conducted, votes were cast, received and canvassed, and that the returns were made and declared in the time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 2024-11 adopted May 13, 2024, the San Bernardino County Registrar of Voters canvassed the returns of the election and has certified the results, attached hereto as Exhibit A.

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

Section 1. That the whole number of votes cast in the precincts and Vote by Mail Ballots are detailed in the attached Official Canvass (Exhibit A).

Section 2. That the names of the persons voted for at the General Municipal Election for Member of the City Council, District 3 are as follows:

Georgeann "Gigi" Hanna
Lyle Vick
Judy A. Woolsey
That the names of the persons voted for at the General Municipal Election for Member of the City Council, District 4 are as follows:

Kristine K. Mohler
Gordon Renshaw
Justin Beaver
That the name of the person voted for at the General Municipal Election for Member of the City Council, District 5 is as follows:

Jon Thorp
12/09/2024 City Council Agenda 14

That the measure voted upon at the election is as follows:

Measure S
City of Yucaipa Public Safety/Essential Services Protection Measure; to prevent reducing police
officers/firefighters/paramedics/fire stations, and to maintain other YES essential services, including 911 response, property crime/gang prevention, senior/youth/afterschool programs, homelessness prevention, street/pothole repair, and for general government use, shall a measure establishing a 10 transactions and use (sales) tax providing approximately $6,000,000 annually until ended by NO voters, requiring oversight, independent audits, spending disclosure, local control of all funds, be adopted?
Section 3. That the number of votes given at each precinct and the number of votes given in the city to each of the persons above named for the respective offices for which the persons were candidates and for and against Measure S were as listed in Exhibit A attached.

Section 4. The City Council does declare and determine that:

Judy A. Woolsey was elected as Member of the City Council, District 3, for the full term of four years;
Justin Beaver was elected as Member of the City Council, District 4, for the full term of four years;
Jon Thorp was elected as Member of the City Council, District 5, for the full term of four years.

That as a result of the election, a majority of the voters voting on Measure S did vote in favor of it, and that Measure S was carried, and shall be deemed adopted and ratified.

Section 5. The City Clerk shall enter on the records of the City Council of the City of Yucaipa, a statement of the result of the election, showing: (1) The whole number of ballots cast in the city; (2) The names of the persons voted for and for what office each person was voted for; (3) The measure voted upon; (4) The number of votes given at each precinct to each person, and for and against Measure S; (5) The total number of votes given to each person, and for and against Measure S. 12/09/2024 City Council Agenda 15

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

PASSED, APPROVED, and ADOPTED this 9th day of December, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
12/09/2024 City Council Agenda 16

Exhibit A
12/09/2024 City Council Agenda 17

777 East Rialto Avenue, San Bernardino, CA 92415 ( Phone: 909.387.8300 Fax: 909.387.2022 Registrar of Voters

CERTIFICATION OF REGISTRAR OF VOTERS

OF THE RESULTS OF THE CANVASS OF THE
NOVEMBER 5, 2024, GENERAL ELECTION

STATE OF CALIFORNIA )
ss.

SAN BERNARDINO COUNTY )
www.SB[ aunty.gov
Stephenie Shea
Registrar of Voters
I, Stephenie Shea, Registrar of Voters of San Bernardino County, do hereby certify that, in pursuance of the provisions of Elections Code section 15300, et seq., I did canvass the results of the votes cast in the General Election held in said County on November 5, 2024, for measures and contests that were submitted to the vote of the voters, and that the Certified Election Results to which this certificate is attached is full, true and correct.

I hereby set my hand and official seal this 3rd day
of December, 2024, at San Bernardino County.

Stephenie Shea
Registrar of Voters
San Bernardino County
State of California
IMAM) OF st'111,11VISORS
Ccx., PAUL COOK (RF•r.) >yssF ARMFNDARFZ DAwN Rowj CURT HAGMAN JOE BACA, JP. I,uthct Snoke ViceChairmac. first Visa-gawl-ond District Chair, 1h rd District Fourth District Fifth District Oaf Eu—a rtO&W

Page: 47 of 71
12/3/2024 10:01:13 AM
City of Yucaipa Member, City Council District 3 (Vote for i) Precincts Reported: 7 of 7 (100.00%)
Mail Ballot Designated M Polling Place Provisional
Times Cast
3,442
0 803
60 Undervotes
433
0 130
18 Overvotes
3 0
0 0
Candidate Party
Mail Ballot
Designated
Polling Place
Provisional
Mail Ballot
GEORGEANN "GIGI" HANNA
974
0 180
16 LYLE VICK
884
0 263
16 JUDY A. WOOLSEY
1,148
0 230
10 Total Votes
3,006
0 673
42 Mail Ballot
Designated
Polling Place
Provisional
Mail Ballot
Unresolved Write -In
0 0
0 0
City of Yucaipa Member, City Council District 4 (Vote for it) Precincts Reported: 10 of 10 (100.00%)
Mail Ballot Designated M Polling Place Provisional
Times Cast
4,285
0 914
88 Undervotes
367
0 110
15 Overvotes
2 0
0 0
Candidate
Party Mail Ballot
Designated
Polling Place
Provisional
Mail Ballot
KRISTINE K. MOHLER
1,575
0 246
12 GORDON RENSHAW
386
0 108
9 JUSTIN BEAVER
1,955
0 450
52 Total Votes
3,916
0 804
73 Mail Ballot
Designated
Polling Place
Provisional
Mail Ballot
Unresolved Write -In
0 0
0 0
City of Yucaipa Member, City Council District 5 (Vote for 1) Precincts Reported: 13 of 13 (100.00%)
Times Cast
Undervotes
Overvotes
Candidate

JON THORP
Total Votes
Party
Unresolved Write -In
12/09/2024 City Council Agenda
Mail Ballot Designated M Polling Place Provisional
4,995
5 885
68 1,431
3 297
29 0
0 0
0 Mail Ballot
Designated
Polling Place
Provisional
Mail Ballot
3,564
2 588
39 3,564
2 588
39 Mail Ballot
Designated
Polling Place
Provisional
Mail Ballot
0 0
0 0
Total
4,305 / 6,174 69.73%
581
3 Total
1,170 31.44%
1,163 31.26%
1,388 37.30%
3,721
Total
G
Total
5,287 / 6,898 76.65%
492
2 Total
1,833 38.24%
503 10.49%
2,457 51.26%
4,793
Total
C
Total
5,953 / 7,544 78.91 %
1,760
0 Total
4,193 100.00%
4,193
Total
9 19

Page: 69 of 71 12/3/2024 10:01:13 AM
City of Adelanto MEASURE R (Vote for i)
Precincts Reported: 25 of 25 (100.00%)
Mail Ballot Designated M
Polling Place
Provisional
Total
Times Cast
6,165 0
1,714
227
8,106 / 16,236 49.93%
Undervotes
457 0
179
35 671
Overvotes
1 0
0 0
1 Candidate
Party Mail Ballot Designated
Polling Place
Provisional
Total
Mail Ballot
YES
3,715 0
913
119
4,747 63.86%
NO
1,992 0
622
73 2,687 36.14%
Total Votes
5,707 0
1,535
192
7,434
Mail Ballot Designated
Polling Place
Provisional
Total
Mail Ballot
Unresolved Write -In
0 0
0 0
0 City of Yucaipa MEASURE S (Vote for i)
Precincts Reported: 62 of 62 (100.00%)
Mail Ballot Designated M
Polling Place
Provisional
Total
Times Cast
22,025 24
4,367
385
26,801 / 35,591 75.30%
Undervotes
983 2
329
65 1,379
Overvotes
5 0
2 0
7 Candidate
Party Mail Ballot Designated
Polling Place
Provisional
Total
Mail Ballot
YES
12,572 10
2,466
212
15,260 60.04%
NO
8,465 12
1,570
108
10,155 39.96%
Total Votes
21,037 22
4,036
320
25,415
Mail Ballot Designated
Polling Place
Provisional
Total
Mail Ballot
Unresolved Write -In
0 0
0 0
0 City of Fontana MEASURE T (Vote for 1)
Precincts Reported: 102 of 102 (100.00%)
Mail Ballot Designated M
Polling Place
Provisional
Total
Times Cast
56,843
3 12,896
1,703
71,445 / 117,142

60.99%
Undervotes
3,469
0 1,226
262
4,957
Overvotes
6 0
3 0
9 Candidate Party
Mail Ballot
Designated
Polling Place
Provisional
Total
Mail Ballot
YES
27,005
2 6,322
913
34,242

51.51%
NO
26,363
1 5,345
528
32,237

48.49%
Total Votes
53,368
3 11,667
1,441
66,479
Mail Ballot
Designated
Polling Place
Provisional
Total
Mail Ballot
Unresolved Write -In
0 0
0 0
0 12/09/2024 City Council Agenda
20 ATTACHMENT 2
12/09/2024 City Council Agenda 21

RESOLUTION NO.2024-61

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

CALIFORNIA, RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULTS

AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a Special Municipal Election was held and conducted in the City of Yucaipa, California, on Tuesday, November 5, 2024, as required by law; and WHEREAS, notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established, election officers were appointed, all respects of the election held and conducted, votes were cast, received and canvassed, and that the returns were made and declared in the time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution No. 2024-36 adopted June 24, 2024, the San Bernardino County Registrar of Voters canvassed the returns of the election and has certified the results, attached hereto as Exhibit A.

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

Section 1. That the whole number of votes cast in the precincts and Vote by Mail Ballots are detailed in the attached Official Canvass (Exhibit A).

Section 2. That the Special Municipal Election was held for the purpose of submitting to the voters of the City of Yucaipa the following question:

Shall Matt Garner be recalled (removed) from the YES
office of Councilmember of District 1 of the City of NO Yucaipa?
Section 3. That the number of votes given at each precinct and the number of votes given in the city for and against this question is attached as Exhibit A.

Section 4. The City Council does declare and determine that:

As a result of the election, a majority of the voters voting on the recall of Matt Garner did vote in favor thereof, and that Matt Garner was recalled from the office of Councilmember, District 1.
12/09/2024 City Council Agenda 22

Section 5. The City Council does declare and determine that:

Matt Garner shall be removed from office and that the office shall be vacant until it is filled according to the law.

Section 6. The City Clerk shall enter on the records of the City Council of the City of Yucaipa, a statement of the result of the election, showing: (1) The whole number of ballots cast in the city; (2) The name of the person voted for recall; (3) For what office the person was recalled for; (4) The number of votes given at each precinct for and against the recall; (5) The total number of votes given to for and against the recall.

Section 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 9th day of December, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
12/09/2024 City Council Agenda 23

Exhibit A
12/09/2024 City Council Agenda 24

777 East Rialto Avenue, San Bernardino, CA 92415 ( Phone: 909.387.8300 Fax: 909.387.2022 Registrar of Voters

CERTIFICATION OF REGISTRAR OF VOTERS

OF THE RESULTS OF THE CANVASS OF THE
NOVEMBER 5, 2024, GENERAL ELECTION

STATE OF CALIFORNIA )
ss.

I hereby set my hand and official seal this 3rd day
of December, 2024, at San Bernardino County.

Page: 46 of 71
12/3/2024 10:01:13 AM
City of Victorville Member, City Council District 3 (Vote for 1) Precincts Reported: 14 of 14 (100.00%)
Times Cast
Undervotes
Overvotes
Candidate

BLANCA AZUCENA GOMEZ
ELIZABETH "LIZ" BECERRA
Total Votes
Unresolved Write -In
Mail Ballot Designated M Polling Place Provisional
4,347
0 1,180
201
523
0 164
38 1
0 1
0 Party Mail Ballot
Designated
Polling Place
Provisional
Mail Ballot
1,223
0 415
76 2,600
0 600
87 3,823
0 1,015
163
Mail Ballot
Designated
Polling Place
Provisional
Mail Ballot
0 0
0 0
Total
5,728 / 10,871 52.69%
725
2 Total
1,714 34.27%
3,287 65.73%
5,001
Total
0 City of Victorville Member, City Council District 5 (Vote for i) Precincts Reported: 38 of 38 (100.00%)
Mail Ballot Designated M Polling Place Provisional
Times Cast
5,854
0 1,396
225
Undervotes
655
0 196
38 Overvotes
6 0
1 0
Candidate
Party Mail Ballot
Designated
Polling Place
Provisional
Mail Ballot

LESLIE IRVING
3,184
0 767
138

ERIC NEGRETE
2,009
0 432
49 Total Votes
5,193
0 1,199
187
Mail Ballot
Designated
Polling Place
Provisional
Mail Ballot
Unresolved Write -In
0 0
0 0
Total
7,475 / 13,067

57.21 %
889
7 Total
4,089

62.15%
2,490

37.85%
6,579
Total
0 City of Yucaipa, City Council, District 1 Recall Question (Vote for 1) Precincts Reported: 16 of 16 (100.00%)
Mail Ballot Designated M
Polling Place
Provisional
Times Cast
5,081
13 860
75 Undervotes
505
3 130
24 Overvotes
1 0
0 0
Candidate
Party Mail Ballot
Designated
Polling Place
Provisional
Mail Ballot
YES
3,057
2 441
27 NO
1,518
8 289
24 Total Votes
4,575
10 730
51 Mail Ballot
Designated
Polling Place
Provisional
Mail Ballot
Unresolved Write -In
0 0
0 0
Total
6,029 / 7,723 78.07%
662
1 Total
3,527 65.73%
1,839 34.27%
5,366
Total
0 12/09/2024 City Council Agenda 26

ATTACHMENT 3
12/09/2024 City Council Agenda 27

�I t 1 ► _e_ 1Q 1'LN0J

AN ORDINANCE OF THE PEOPLE OF THE CITY OF YUCAIPA,

CALIFORNIA, ADOPTING A ONE PERCENT GENERAL

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

THE PEOPLE OF THE CITY OF YUCAIPA DO HEREBY ORDAIN AS FOLLOWS:

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

Section 2. Adoption of Tax; Municipal Code Amendment
Chapter 3.18 adopting a one percent (1 %) Transactions and Use Tax, set forth in Exhibit A to this Ordinance and incorporated as though written in full, is hereby adopted and added to the Yucaipa Municipal Code.
iOedinatcay-cYtiek Tdansactions and Use Tax 28

Section 3. Amendments
This ordinance may be amended only by a majority vote of the registered voters of the City of Yucaipa voting on the proposed amendment at a regular or special election. Any proposed amendment to this ordinance shall be presented to the voters in compliance with the applicable provisions of the California Elections Code and other relevant state and local laws. The City Council may propose amendments for voter consideration in accordance with these requirements.

Section 4. Severability.

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

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

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

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

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

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

D. If this measure is approved by the voters but superseded by law by any other conflicting measure approved by the voters at the same election, and the conflicting measure is later held invalid, this measure shall be self-executing and given full force and effect. iOadinavmTcYmQailageTdransactions and Use Tax 29

Section 7. CEQA
The People of the City of Yucaipa find that this Ordinance is not subject to the California Environmental Quality Act (CEQA) because pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) Section 10560(c)(3) (the activity is not a project as defined by Section 15378).

Section 8. Adjustment of Appropriations Limit.

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

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

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

Section 11. Municipal Affair
The People of the City of Yucaipa hereby declare that, separately and together, the purposes encompassed by this Ordinance constitute municipal affairs. The People of the City of Yucaipa hereby further declare their desire for this Ordinance to coexist with any similar tax measures adopted by the city, county or state.
iE)od mTcY ipg,�T,riinsactions and Use Tax 30

Section 12. Certification.

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

PASSED, APPROVED and ADOPTED by the people of the City of Yucaipa at the General Municipal Election held on November 5, 2024.

ATTEST:

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

APPROVED AS TO FORM
Steven Graham Pacifico, City Attorney
19/b4jj-tpgqqty CYip,�,Tggnsactions and Use Tax
31 EXHIBIT A
Chapter 3.18

TRANSACTIONS AND USE TAX
Sec.3.18.010. Title.

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

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

See. 3.18.030. Transactions tax rate.

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

Sec. 3.18.040. Use tax rate.

An excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date of the ordinance codified in this chapter for storage, use or other consumption in the incorporated territory of the city, and in the incorporated territory of the city as it may hereafter be amended through annexation, at the rate of one percent (1%) of

Page 1 of 6 ends

i'Y'uwjWT1Ityi(saQtian&aUse Tax Ordinance 32

the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

Sec. 3.18.050. Independent annual audit.

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

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

Sec.3.18.070. Termination.

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

Sec. 3.18.080. Contract with state.

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

Sec. 3.18.090. Place of sale.

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

Sec. 3.18.100. Adoption of provisions of state law.

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

Page 2 of 6 ends

iYcma4m Ttq0aatix Agtn&Use Tax Ordinance 33

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

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

C. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the state, where the result of the substitution would be to:

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

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

Sec. 3.18.120. Permit not required.

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

Sec. 3.18.130. Exemptions and exclusions.
(1) There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the state or by any city, city and county, or county pursuant to the Bradley - Burns Uniform Local Sales and Use Tax Law or the amount of any state -administered transactions or use tax.
(2) There are exempted from the computation of the amount of transactions tax the gross receipts from:
a. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and

Page 3 of 6 ends

1Y/gq,411AT-1rVafrki 9inAAgdaUse Tax Ordinance
34 exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. b. Sales of property to be used outside the city which is shipped to a point outside the city, pursuant to the contract of sale, by delivery to such point by the retailer or his or her agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the city shall be satisfied:

1. With respect to vehicles (other than commercial vehicles) subject to registration pursuant the.Vehicle Code § 4000 et seq., aircraft licensed in compliance with the Public Utilities Code § 21411, and undocumented vessels registered under the Vehicle Code § 9840, by registration to an out -of -city address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and

2. With respect to commercial vehicles, by registration to a place of business out -of - city and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

C. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of the ordinance codified in this chapter.
d. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of the ordinance codified in this chapter. e. For the purposes of subsections (b)(3) and (b)(4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
(3) There are exempted from the use tax imposed by this chapter, the storage, use or other consumption in the city of tangible personal property:
a. The gross receipts from the sale of which have been subject to a transactions tax under any state -administered transactions and use tax ordinance. b. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government. This exemption is in addition to the exemptions provided in sections 6366 and 6366.1 of the state Revenue and Taxation Code.

C. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of the ordinance codified in this chapter. d. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of the ordinance codified in this chapter.

Page 4 of 6 ends

12YK,q j Tr"ggiRModaUse Tax Ordinance
35 e. For the purposes of subsections (c)(3) and (c)(4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
f. Except as provided in subsection (c)(7), a retailer engaged in business in the city shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the city or participates within the city in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the city or through any representative, agent, canvasser, solicitor, subsidiary, or person in the city under the authority of the retailer.
g. A retailer engaged in business in the city shall also include any retailer of any of the following: vehicles subject to registration pursuant to the Vehicle Code § 4000 et seq., aircraft licensed in compliance with the Public Utilities Code § 21411, or undocumented vessels registered under the Vehicle Code § 9840. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the city. (4) Any person subject to use tax under this chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to part 1.6 of division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

Sec. 3.18.140. Amendments.

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

Sec. 3.18.150. Enjoining collection forbidden.

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

Sec. 3.18.160. Citizen oversight committee.
(1) A citizens' oversight committee is hereby established to independently review and advise upon the city's expenditure of proceeds generated by the transactions and use tax. The committee shall meet as necessary to discharge the responsibilities of the committee. All meetings of the committee shall be held in accordance with provisions of the Ralph M. Brown Act (Government Code § 54950 et seq.). a. The committee shall consist of five members, all of whom shall be residents of the city.

The city shall initially post and publish notice soliciting applications for persons interested in being

Page 5 of 6 ends

i2Xow 4 ('*4roaWo%a"Use Tax Ordinance
M

members of the committee and shall thereafter repost and republish notice soliciting applications as necessary to fill vacancies on the committee. The city council shall review all applications for eligibility and at a public meeting interview all eligible applicants and appoint five eligible applicants to serve as members of the committee. Each member of the committee shall serve for a term of two years and such service shall be at the pleasure of the city council. Three members of the committee shall constitute a quorum. Members of the committee shall not receive a stipend for their service. (2) The citizens' oversight committee shall annually review and report on:
a. The city's proposed and actual expenditure of proceeds generated by the transaction and use tax; and
b. The independent annual audit prepared annually by the city. The committee's report shall be submitted to the city council for review and discussion at a noticed public meeting of the city council. (3) The committee shall not have authority to hire or retain its own staff, consultants, or contractors, but the city manager and city attorney shall provide such staff resources as are reasonably necessary to assist the committee with the discharge its duties under this chapter.

Page 6 of 6 ends

1YWAjpATfffgs'g�pgaUse Tax Ordinance
37 Appointment to Fill City Council Vacancy

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk,rQJ/�' FOR: City Council Meeting of December 9, 2024
SUBJECT: Appointment to Fill City Council Vacancy
RECOMMENDATION:

That the City Council:

1. Interview the four (4) applicants who submitted applications for the District 1 vacancy; and

2. Select a qualified applicant to fill the vacancy on the City Council; and

3. Direct the City Clerk to swear in the newly appointed Councilmember.

BACKGROUND/DISCUSSION:

A Special Municipal Election was held in the City of Yucaipa on November 5, 2024, for the purpose of submitting the question of the recall of Matt Garner, Councilmember District 1, to the voters.

At it's regularly scheduled meeting of November 13, 2024, the City Council received an update regarding the status of the special election. While the results from the San Bernardino County Registrar of Voters were unofficial at that time, it was evident that the recall of Councilmember Matt Garner would be successful. With a vote of 5-0, the City Council gave direction for the City Clerk's Office to move forward with the process of soliciting applications for an appointment to fill the upcoming vacancy and present the applicants for interviews at the December 9, 2024, City Council meeting.

On Thursday, November 14, 2024, the City Clerk's Office posted a notice inviting applicants to submit applications for consideration (Attachment 2). The application period opened on Thursday, November 14, 2024, and closed on Monday, December 2, 2024, at 5:00 p.m.

The City Clerk's Office received a total of four complete applications, attached hereto as Attachment 1.
12/09/2024 City Council Agenda 38

Staff recommends each applicant be invited individually to be interviewed by the City Council.

Each applicant will be given no more than three minutes for opening remarks. Each Councilmember will then have the opportunity to ask a question of the applicant and the applicant will have no more than three minutes to respond to each question. The applicant will then be given no more than three minutes for closing remarks.

Once all applicants have been interviewed, and public comment received, it is recommended that the City Council vote on the appointment. If an applicant is appointed, it is recommended that the City Clerk administer the Oath of Office, allowing the newly sworn in Councilmember to assume their seat at the dais.

FISCAL IMPACT:

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

Attachment(s):

1. Citizen Applications

2. Notice of Application Period for Appointment to the City Council Approved by:
12/09/2024 City Council Agenda 39

ATTACHMENT 1
12/09/2024 City Council Agenda 40

cirY OF r— C LE I VE U
NOV 19 2024
A PLCATION FOR YUCAIPA CITY COUNCIL DISTRICT I APPOINTMEN'i" C,lerh's Office Term begins upon appointment and ends December 2026.

INSTRUCTIONS: Complete this application and return it to the City Clerk's Office. If you have any questions, please contact the City Clerk's Office at 909-797-2489 x230. Please PRINT clearly ink.

APPLICATIONS ARE DUE BY MONDAY, DECEMBER 2, 2024, AT 5:00 P.M.

FIRST NAME: BOB LAST -NAME: MILLER
HOME ADDRESS:

HOME PHONE: M CELL PHONE:

EMAIL:

YEARS AT CURRENT RESIDENCE: 13
EMPLOYER: RETEWD OCCUPATION: Police Chief Ret., Interim City Manager Ret., CSUSB Lecturer/Adjunct Professor, YCJUSD School Board Member (Board Area 5).

MOMST LEVEL OF EDUCATION COMPLETED
Master of Arts in Management, Bachelor of Science in Business and Management, FBI National Academy Graduate, US Army Veteran.

LICENSES OR SPECIAL CERTIFICATES HELD
US Army- Military Police, FBI National Academy, Peace Officers Standards & Training: Basic, Intermediate, Advanced, Supervisor, Management, and Executive Certificates.

NAME AND LOCATION OF
MAJOR
DEGREE

LAST YEAR ATTENDED
COLLEGES/UNIVERSffIES

ATTENDED
University of Redlands
Master of Arts in
anagement
YES
2004
University of Redlands
Bachelor of
Science in Business
YES
d Management
1997
University of Virginia
FBI National
(Federal Bureau of Investigation National
Academy
Academy
Academy)
Graduate
2002
Quantico, VA

LIST PRIOR OR CURRENT CIVIC EXPERIENCE (Include memberships in professional, charity, or community FBI National Academy Associates
P.O.S.T VOTAC — Training Advisory Council
California Police Chiefs Association
California Peace Officers Association
San Bernardino County Police Chiefs and Sheriff Association Former Board Member Yucaipa Chamber of Commerce Board Member
Yucaipa Mobile Home Rent Stabilization Advisory Committee

HAVE YOU EVER BEEN CONVICTED OF ANY CRIME OR VIOLATION OF ANY LAW OR STATUTE, OTHER THAN MINOR TRAFFIC VIOLATIONS? If yes, provide an explanation below.

YES NINO
ELIGIBILITY REQUIREMENTS: To qualify as a member of the City Council you must be: a) 18 years of age or Ider; and b) a resident and registered voter of Yucaipa District 1.

Will you be able to attend all meetings of the City Council? Yes No Are you 18 years of age or older? Yes No
Are you a resident of the City of Yucaipa? Yes No
Are you a registered voter in Yucaipa, District l? Yes No Are you willing to complete the AB 1234 Ethics Training as required? Yes No If NO to any of the above, please explain):
12/09/2024 City Council Agenda 42

1. WHY DO YOU WANT TO BE APPOINTED TO THE CITY COUNCIL? WHAT DO YOU FEEL YOU WILL BRING TO THE POSITION?
I want to be appointed because I understand the importance of fiscal responsibility in maintaining public trust. Yucaipa is facing significant budget constraints. and I want to use my experience and background to serve the residents of District 1. 1 understand how to make tough financial decisions that ensure our city's resources are used wisely, protecting vital services while working to achieve fiscal stability. As a retired Chief of Police for the City of Colton, where I also served as Interim City Manager in 2009. I have Firsthand experience in municipal leadership and crisis management. During my tenure. I successfully navigated complex challenges. from policy development to community engagement, ensuring that public safety remained a top priority while operating under stringent budget constraints. In recognition of my expertise, I presented on "Policing with Catastrophically Reduced Budgets" at the Wisconsin Police Chiefs Training Conference in 2012.

Currently, I serve as a Lecturer/Adjunct Professor in the Department of Public Administration at California State University, San Bernardino, where I teach graduate courses in Emergency Management. Administrative Leadership and the Management of Public Organizations. This academic role enables me to blend theoretical knowledge with practical experience, equipping future public service leaders with the tools needed to make informed decisions. Additionally, my tenure as a public safety specialist with Best, Best & Krieger (law firm) equipped me with a deep understanding of ethics, integrity, and the complexities of policy development. I am also an active and invested member of our community. As a recently elected Board Member of the YCJUSD School Board, I have demonstrated my commitment to youth education and the well-being of our families. This role has allowed me to engage meaningfully with constituents and collaborate on initiatives that reflect the needs and aspirations of our residents.

2. IF APPOINTED, DO YOU PLAN TO RUN TO HOLD THE SEAT IN 2026? WHAT OTHER FUTURE

PLANS, IF ANY, DO YOU HAVE FOR SEEKING ELECTED OR APPOINTED OFFICE AT ANY LEVEL OF GOVERNMENT?
If appointed for the remainder of the term, I plan on running for the seat in 2026 election. No farther plans other than City Council currently.

3. LOOK 10 YEARS INTO THE FUTURE AND DESCRIBE WHAT YOU WANT THE CITY TO LOOK LIKE AND WHY.

4. WHAT DO YOU SEE AS THE ROLE OF THE CITY COUNCIL? WHAT DO YOU SEE AS THE ROLE OF THE CITY MANAGER? WHAT DO YOU SEE AS THE ROLE OF STAFF? The role of the City Council as the legislative body:

1. Policy (setting policy), 2. Oversight of financial report (Budget), 3. Appointment of the City Manager and City Attorney, 4. Representing constituents, 5. Enacting/Vote on Ordinances and Resolutions, 6. Representing the City on State and County Boards as applicable, 7. Representing the City at community events.

The role of the City Manager is to oversee all operations of the City:

1. Implement policy that the council has approved, 2. Oversee and budget maintenance in accordance with State law and City Policy, 3. Advise council on agenda items as proposed, 4. Engage with the community and represent the City in the best interest of the community.

The role of the staff is under the direction of the City Manager:

1. Service delivery -provide the services to the community, 2. Provide administrative support as directed by the City Manager, 3. Provide technical expertise and answer all questions from the Community, 4. Ensure that all responsibilities and department operations are running effectively and smoothly.

5. WHAT DO YOU SEE AS THE BIGGEST CHALLENGE FACING THE CITY? Long-term financial sustainability. In my opinion, Yucaipa urgently needs to prioritize updating or creating and adopting a comprehensive long-term strategic plan, or a similar approach. This plan should clearly outline how the city will ensure financial sustainability and make decisions that protect future generations, preventing a repeat of the financial challenges Yucaipa faces today. By doing so, the city can build trust with the community, which will grow over time. This plan must include but not limited to, policies for financial management, reserves, human capital, and strategic investments in both infrastructure and development. Moreover, involving community stakeholders in long-term budgeting discussions and decision -making is crucial.

While long-term financial planning is arguably the city's most pressing challenge, there are other critical issues that must be addressed in tandem. These include crime, homelessness, housing affordability and availability, sales tax revenue producing development, infrastructure repair and maintenance, and ensuring appropriate service levels.

By working together, the City Council, city staff, and the community can tackle these challenges (opportunities) and create a brighter future for Yucaipa. 12/09/2024 City Council Agenda 44

6. GIVEN THE CITY COUNCIL'S ESTABLISHED GOALS FOR 2024, DO YOU FEEL THE CITY IS GENERALLY HEADING IN THE RIGHT DIRECTION?
Yes, I believe Yucaipa is on the right track, thanks to the City Council's clear goals and ongoing efforts.

However, to achieve long-term success, it's essential that we continue prioritizing collaboration, informed decision -making, and a commitment to transparency and accountability. By coming together as a community, we can build a city where every voice is heard, and every resident has access to the resources and opportunities necessary to succeed.

One important goal to consider is the need for a comprehensive, long-term financial strategy to ensure Yucaipa's financial sustainability. Without careful planning, short-term decisions could lead to unintended consequences down the road. I am committed to advocating for a balanced approach that emphasizes fiscal responsibility while supporting the growth and vitality of our city.

Thank you for your consideration.

I declare under penalty of perjury that all statements and responses in this application are true and complete to the best of my knowledge and belief.
-AlRIW

SIGNATURE
45 Robert J. MILLER
U
Yucaipa, CA 92399 NOV 19 2024
i .a Clerk's Office

SUMMARY OF EXPERIENCE
Currently serving as an elected representative for the Board of Education, member from Area 5, Yucaipa-Calimesa Joint Unified School District.

Over 30 years' experience in law enforcement operations, including Chief of Police, and commander in charge of Detective Division, Patrol Division and Services Division.

Interim City Manager for the City of Colton. Served as a Police Specialist for the law firm of Best, Best & Krieger researching Use of Force and risk management policies for public agencies. 12 Years of educational experience at CSUSB as a Lecturer/Adjunct Professor, teaching classes in the MPA program. Jack H. Brown College, Business and Public Administration.

ACADEMIC EXPERIENCE
2011- Present
Lecturer, California State University San Bernardino, MPA Program University courses taught
California State University San Bernardino 2011- present Management of Public Organizations
Leadership
Human Resources Management in the Public Sector
Emergency Management

EDUCATION
Master's Degree in Management
FBI Academy
Bachelor of Science Degree in Business and Management
University of Redlands
2004
University of Virginia
2002
University of Redlands
1997
12/09/2024 City Council Agenda

PROFESSIONAL EXPERIENCE
COLTON POLICE DEPARTMENT 2007 to 2011
Chief of Police
Under the administrative direction of the City Manager, plans, manages, oversees and directs the operations and services of the Police Department, including support services and patrol and investigative functions; coordinates department activities with other City officials or outside agencies; provides responsible and complex staff support to the City Manager.

CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
Chief of Police
2006 to 2007
The Chief of Police is responsible for all University Police operations, including budget and human resources management. The Chief works cooperatively with the Director of Human Resources in confidential personnel matters related to employee threats and workplace violence, and additionally, confers with the Chancellor, Vice Chancellors and legal counsel on confidential matters pertaining to campus safety. The Chief of Police helps to oversee the emergency incident protocols on the campus level and oversees the 24-hour emergency dispatch center on campus.

COLTON POLICE DEPARTMENT
2006
Police Captain
Under the administrative direction of the Police Chief, oversee and direct the day-to-day operations and services of the Police Department which include having a direct managerial influence on the Support Services Division, Patrol Division, Detective Division, and all administrative functions; assist in the coordination of department activities with other City officials or outside agencies; research and apply for grants to retain additional police services and/or personnel; perform special projects at the request of the Police Chief; provide responsible and complex administrative support to the Police Chief.

COLTON POLICE DEPARTMENT
Police Lieutenant
2001 -2006
Under the direction of the Chief of Police, direct, coordinate, and supervise the activities and operations of an assigned division within the Police Department which include the Patrol, Support Services and Detective Divisions; complex division and departmental budget preparation; coordinate divisional activities with other police divisions, City departments, and outside agencies or organizations; with higher level management support, establish division goals, objectives, policies, and procedures in accordance with the department and City's mission statement and goals; and provide professional, administrative, and technical support to the Police Chief.

COLTON POLICE DEPARTMENT
Police Sergeant
1996 - 2001
Supervise and coordinate the activities of detectives and officers. Utilize acquired training and organizational skills to prioritize multiple complex cases. Assign detectives, patrol officers, and code enforcement officers to designated posts or criminal cases. Review detailed police reports on cases and submit them to the District Attorney's office for prosecution. Compile data and complete monthly statistical reports.
12/09/2024 City Council Agenda 47

Colton Police Department 1987-1996
Patrol officer, Gang Officer, and Detective for the first 9 years of my career.

Military Service:

US Army Veteran. Served from 1981-1984, Nuremberg, Germany. 42"d MP Group. Military Police Investigator (MPI). Honorably Discharged.

AFFILIATIONS
FBI National Academy Associates
California Police Chiefs Association
California Peace Officers Association
San Bernardino County Police Chiefs and Sheriff Association Colton Past board member, Yucaipa Chamber of Commerce

CERTIFICATION
P.O.S.T. Executive Certificate
2009
P.O.S.T. Management Certificate
2003
P.O.S.T. Supervisory Certificate
1998
P.O.S.T. Advanced Certificate
1993
P.O. S T. Intermediate Certificate
1992
P.O S T Basic Certificate
1988

COMMITTEES
P.O.S.T. VOTAC (Vehicle Operations Training Advisory Council) -Past California Police Chiefs Association Representative
12/09/2024 City Council Agenda 48

rTCE VED
NOV 19 2024
Bob Miller
Yucaipa, CA. 92399
November 18, 2024
Yucaipa City Council
City of Yucaipa, 34272 Yucaipa Blvd,
Yucaipa, CA 92399
Dear Council members,
I am writing to express my interest in serving as a member of the City Council, District 1. With over 30 years of dedicated public service in law enforcement and extensive experience in public administration and emergency management, I am committed to applying my leadership skills and community -focused approach to the service of our city.

As a retired Chief of Police for the City of Colton, where I also served as Interim City Manager in 2009,1 have firsthand experience in municipal leadership and crisis management. During my tenure, I successfully navigated complex challenges, from policy development to community engagement, ensuring that public safety remained a top priority while operating under stringent budget constraints. In recognition of my expertise, I presented on "Policing with Catastrophically Reduced Budgets" at the Wisconsin Police Chief's Training Conference in 2012.

Currently, I serve as an Lecturer/Adjunct Professor in the Department of Public Administration at California State University, San Bernardino, where I teach graduate courses in Emergency Management and the Management of Public Organizations. This academic role enables me to blend theoretical knowledge with practical experience, equipping future public service leaders with the tools needed to make informed decisions. Additionally, my tenure as a public safety specialist with Best, Best & Krieger equipped me with a deep understanding of ethics, integrity, and the complexities of policy development.
y's i�f ice
12/09/2024 City Council Agenda 49

I am also an active and invested member of our community. As a recently elected Board Member of the YCJUSD School Board, I have demonstrated my commitment to youth education and the well- being of our families. This role has allowed me to engage meaningfully with constituents and collaborate on initiatives that reflect the needs and aspirations of our residents.

My academic background includes a Bachelor's Degree in Business and Management and a Master's Degree in Management from the University of Redlands, providing a solid foundation for strategic planning and effective governance. As a retired member of the California Police Chiefs Association, I bring a comprehensive understanding of the intersection of public safety, fiscal responsibility, and communitytrust.

I am passionate about continuing to serve our community by bringing my expertise in public safety, emergency management, and municipal governance to the City Council. I am eager to contribute to policies that promote economic development, community engagement, and enhanced quality of life for all residents.

Thank you for considering my application. I would welcome the opportunity to discuss how my background and vision align with the goals of the City Council and our shared aspirations for our community.

Sincerely,
Bob Miller
12/09/2024 City Council Agenda 50

CITY OF
_ --- RECEIVED
f NOV 2 0 2024
Yu
cal ppa� Ci let's
APPLICATION FOR YUCAIPA CITY COUNCIL DISTRICT I APPOINT MEI� Office Term begins upon appointment and ends December 2026.
/N,STRG!CTIUNS: Complete this application and return it to the City Clerk's Office. Iryou have any questions, please contact the City Clerk's Office at 909-797-2489 x230. Please PRINT clearly in ink.

APPLICATIONS ARE DUE BY MONDAY, DECEMBER 2, 2024, AT 5:00 P.M.

II APPLICANT INFORMATION II
FIRST NAME: Joshua LAST NAME: Moran
HOW ADDRESS:

HOME PHONE:(
CELL PHONE:(
EMAIL: YEARS AT CURRENT RESIDENCE: 12
LMPLOYER: Unemployed
EMPLOYER ADDRESS: N/A
OCCUPATION: N/A

EDUCATION INFORMATION

I IIGIIEST LEVEL OF EDUCATION COMPLETED
Bachelor's of Arts

LICENSES OR SPECIAL CERTIFICATES HELD

NAME AND LOCATION OF

COLLEGES/UNIVERSITIES

ATTENDED
MAJOR
DEGREE

LAST YEAR ATTENDED
University of California, Riverside
Riverside, California
Art
BA
2013 - 2017
Mt. San Antonio
Walnut, California
Animation
AS
2024 -Present

CIVIC EXPERIENCE
LIST PRIOR OR CURRENT CIVIC EXPERIENCE (Include memberships in professional, charity, or community organizations)

NAME OF ORGANIZATION

DATES SERVED

START DATE END DATE
OFFICE, HELD (If any)
HAVE YOU EVER BEEN CONVICTED OF ANY CRIME OR VIOLATION OF ANY LAW OR STATUTE.

OTHER THAN MINOR TILtFFIC VIOLATIONS? If yes, provide an explanation below. ❑ YES E]NO
ELIGIBILITY REQUIREMENTS: To qualify as a member of the City Council you must be: a) 18 years of age or older, and b) a resident and registered voter of Yucaipa District 1.

Will you be able to attend all meetings of the City Council? Yes X No Are you 18 years of age or older'? Yes X No
Are you a resident of the City of Yucaipa? Yes X No
Are you a registered voter in Yucaipa. District I? Yes X No Are you willing to complete the AB1234 Ethics Training as required'? Yes X No (If NO to any of the above, please explain):
0 16

4. WHAT DO YOU SEE AS THE ROLE OF THE CITY COUNCIL? WHAT DO YOU SEE AS THE ROLE OF THE CITY MANAGER? WHAT DO YOU SEE AS THE ROLE OF STAFF? I see the city council assisting with the districts they are assigned in. Making sure the residents are well and thriving. The City Manager is in charge of the normal, legislative items. They make sure the city is functioning and is staying financially stable. Anyone on the role of staff is just to assist those both inside their office as well as their community. Everyone is there for the people of the city and even the little things are important.

5. WfIAT DO YOU SEE AS THE BIGGEST CHALLENGE FACING THE CITY? From what I have been understanding, the budget has been an issue within the local city government. The city has a money issue and that's why measure S was proposed to ensure the first responders are still being paid. 1Z/U)/ZUZ4 laity l;ouncil Agenda 54

G. GIVEN THE CITY COUNCIL'S ESTABLISHED GOALS FOR 2024, DO YOU FEEL THE CITY 1S GENERALLY HEADING IN THE RIGHT DIRECTION'?
I would say it's starting to head in the right direction but it's a slow process and big things take a moment to get moving.
1 declare under penalty of perjury that all statements and responses in this application are true and complete to the best of my knowledge and belief.

SIGNATURL DATE
cc
JJ

Joshua Patrick Moran
EDUCATION:

University Of California, Riverside
Bachelor of Arts, Studio Arts
WORK EXPERIENCE:

Disnevland, Anaheim CA
Attractions Host/Lead
Sep 2013 — June 2017
May 2019 — December 2023
• Assisted guests on/off attractions.
• Ensured guest safety on attractions and smooth operation of attraction. • Operated Monorail train for guests to get from point A to B and/or round trips. • Assisted guests with questions/concerns throughout the attractions' quc, entrance/exit. • Overseeing attraction's employees and ensuring breaks/lunches are taken on time. • Reporting to Stage Manager of operations which includes shift reports and such.

Amazon, Riverside CA July 2017 — October 2018
Process Guide
• Assisted manager with co-workers and their needs.
• Received/stowcd items in designated locations.
• Fixed issues/errors with virtual cages/totes.
• Reported/resolved issues in a timely/efficient manner.

Target, Redlands, CA October 2016 — June 2017
Overnight Stocker
• Pack and unpack items to be stocked on shelves
• Stock shelves. racks, cases, bins, and tables with new or transferred merchandise. • Examine and inspect stock items for wear or defects, reporting any damage to supervisors. • Developing constrictive and cooperative working relationships with others, and maintaining them over time. • Perfonning physical activities that require considerable use of your amis and legs and moving your whole body, such as climbing, lifting, balancing, walking, stooping, and handling of materials.

Papa John's, Yucaipa, CA May 2015 - Oct. 2016
Delivery Driver
• Take food and drink orders and receive payment from customers. • Clean, stock, and restock workstations
• Serve customers in fast service and inexpensive carry -out food. • Notify kitchen personnel of shortages or special orders. • Check quality of foods or supplies.

De La Pena Law Office, La Verne, CA July 2013 — October 2014 Legal Assistant/Computer Technician
• Prepare legal documents, including briefs, pleadings, appeals, wills, contracts, and real estate closing statements • Prepare affidavits or other documents, such as legal correspondence, and organize and maintain documents in paper or electronic filing system.
• Knowledge of administrative and clerical procedures and systems such as word processing, managing files and records, stenography and transcription, designing forms, and other office procedures and terminology. • Using computers and computer systems (including hardware and software) to program, write software, set up functions, enter data, or process information.
• Communicating with people outside the organization, representing the organization to customers, the public, government, and other external sources. This information can be exchanged in person, in writing, or by telephone or a -mail.
12/09/2024 City Council Agenda 56

DEC 0 2 2024
Yucaipa City Clerk's Office
APPLICATION FOR YUCAIPA CITY COUNCIL DISTRICT 1 APPOINTMENT Term begins upon appointment and ends December 2026.

INSTRUCTIONS: Complete this application and return it to the City Clerk's Office. If you have any questions, please contact the City Clerk's Officc at 909-797-2489 x230. Please PRINT clearly in ink.

APPLICATIONS ARE. DUE BY MONDAY, DECEMBER 2, 2024, AT 5:00 P.M.

APPLICANT INFORMATION
FIRST NAME: LAST NAME:

HOME ADDRESS:

HOME PHONE:( ) _ CELL PHONE:(_
EMAIL: YEARS AT CURRENT RESIDENCE:

EMPLOYER: Redlands Art Associatio OCCUPATION: `I
EMPLOYER ADDRESS: 215 E State Street, Redlands. CA

EDUCATION INFORMATION

HIGHEST LEVEL OF EDUCATION COMPLETED
Master's Degree

LICENSES OR SPECIAL CERTIFICATES HELD

NAME AND LOCATION OF

COLLEGES/UNIVERSITIES

ATTENDED
MAJOR
DEGREE

LAST YEAR ATTENDED
University of Bristol, United Kingdorr.

Archeology
University of California Los Angeles
(UCLA)
Archaeology
12/09/2024 City Council Agenda 57

QUESTIONNAIRE (answers to all questions are required)

1. WHY DO YOU WANT TO BE APPOINTED TO THE CITY COUNCIL? WHAT DO YOU FEEL YOU WILL BRING TO THE POSITION?
I grew up here and I love Yucaipa. In recent years, a painful divide nas split our town. The reason I am applying to the open District 1 seat is my hope to help heal this divide. The distrust and divisiveness pervading our community is highly visible on North Bench. This era must end. I want us to be one Yucaipa again, working together instead of against each other. We must start listening, validating, and compromising to move forward into a better future together.

I have an extensive background in researching and writing CEQA assessments and EIRs. having authored 3( reports. I am heavily involved in the community, through my church, two local food banks, and my kids' school. (both are enrolled in YCJUSD). I live on a small farm with livestock and fruit trees, so I understand the unique concerns of North Bench agriculturalists. I promise to bring honesty, integrity, and compassion to the position.

2. IF APPOINTED, DO YOU PLAN TO RUN TO HOLD THE SEAT IN 2026? WHAT OTHER FUTURE

PLANS, IF ANY, DO YOU HAVE FOR SEEKING ELECTED OR APPOINTED OFFICE AT ANY LEVEL OF GOVERNMENT?
This is a difficult question to answer because no one knows what the future may hold. I struggled with this question for days and then posed it to my eleven -year -old daughter. After a moment's thought she replied, 1 chink you should serve for as long as people think you are doing a good job." That is sage advice for anyone in public service! I wish more people thought like her.

3. LOOK 10 YEARS INTO THE FUTURE AND DESCRIBE WHAT YOU WANT THE CITY TO LOOK LIKE AND WHY.

Yucaipa is special! This has always been a great place to raise a family because of our focus on providing excellent education, public safety, and recreation. It is a beautiful place with a wonderful sense of community. I avant to preserve this tradition in the next 10 (and 100+) years! As our population expands, preserving this tradition is possible but will become more challenging. For education, we will eventually need a new high school, perhaps a charter or International Baccalaureate school ihat will draw students into the district. We also need to move forward with our new library. For public safety, iiust continue to expand staffing to meet demand. For recreation, I would like to see city-wide networks of hiking trails, bike lanes, and bridle paths, encouraging residents to be active outdoors. Preserving and inaintaining parks and open spaces will also promote healthy lifestyles for current and future residents. For our 'ense of community, we should continue hosting festivals and supporting local arts and music. 12/09/2024 City Council Agenda 58

4. WHAT DO YOU SEE AS THE ROLE OF THE CITY COUNCIL? WHAT DO YOU SEE AS THE ROLE OF THE CITY MANAGER? WHAT DO YOU SEE AS THE ROLE OF STAFF? The City Council is a body of elected officials responsible for the City of Yucaipa's budget, passage of local ordinances, and oversight of city operations. As elected representatives, the City Councilmembers should engage with the community and represent their interests. City of Yucaipa staff ensure the day-to-day running of the city, and the City Manager acts as a liaison between the two groups. The City Manager also provides the data and information necessary for Council to make informed decisions on behalf of constituents.

5. WHAT DO YOU SEE AS THE BIGGEST CHALLENGE FACING THE CITY? i Ise biggest challenge facing r ucaipa is tiie rebuiluiny ut public. trust. 5ume Yucaipans have lost faith ti"at their local government is listening to them, truly cares about them, and is acting faithfully on their behalf.

Some Yucaipans no longer trust their politicians, accusing them of corruption, unethical practices, or selling out to large corporate interests. Regardless of the veracity of any such claims, they highlight the need for trust to be rebuilt. I encourage you to start by appointing an unassailably ethical person to the District 1 seat. 12/09/2024 City Council Agenda 59

6. GIVEN THE CITY COUNCIL'S ESTABLISHED GOALS FOR 2024, DO YOU FEEL THE CITY IS GENERALLY HEADING IN THE RIGHT DIRECTION?
The City is taking steps in the right direction, but larger strides are warranted.

The passage of Measure S helps address the budget deficit, but some additional, painful cuts may be necessary to balance the budget in the short term. Historically, Yucaipa has been fiscally conservative, wni,. is a wise tradition to continue.

The passage of Measure S also helps address the City's goal of public safety. Residents should always fePl safe here.

The Freeway Corridor plan is moving forward and is necessary to address traffic congestion at our existin . freeway on/offramps. This plan should remain a priority; a new freeway interchange must be fast -tracked to avoid a Highland Springs traffic nightmare in the future.

The online portal for transparency was a step in the right direction. These efforts should be greatly expandec to regain public trust.

The goal of preserving Yucaipa's rural feel is of specific concern to many residents of District 1. Many residents have spoken to me expressing concerns that no visible progress has been made towards this guai in the last year.

The City's portal for streamlining the permitting process is now online, addressing its goal for the year.

I declare under penalty of pei jury that all statements and responses in this application are true and complete to the best of my knowledge and belief.
§j"t

SIGNATURE DATE
12/09/2024 City Council Agenda 60

Kathleen Bryan
Yucaipa, CA 92399
November 27, 2024
Dear Mayor Justin Beaver &
Council Members Chris Venable, Bobby Duncan and Jon Thorp:

I am writing this letter in support of Holly Warner who has submitted an application to be appointed to the City Council to replace Matt Garner.

I have known Holly for about 10 years, having first met her as an artist at an art show in Oak Glen where I was also a vendor. Thereafter, we ran into one another at the Redlands Art Association and more recently spent time together discussing the Yucaipa Valley Wine Country Plan and other political issues.

That first meeting came about when I called her to talk after we both had letters to the editor of the Yucaipa News Mirror published on the same date — hers was essentially against the plan and mine was in favor. She was immediately receptive. We had coffee and were able discuss the issues in a rational and productive way. Thereafter we had a joint meeting with Ben Matlock of the Planning Department to discuss her concerns. I have also watched her speak at City Council meetings and she puts forward reasonable and well thought out suggestions.

Holly strikes me as someone who positions herself in the middle, seeking compromise. For example, during the Wine Country proceedings, she was not against development per se, but wanted it done correctly. She has an amazing background in archeology and in drafting Environment Impact Reports. She is intelligent, rational and above all wants to see an end to the divisiveness in this City.
12/09/2024 City Council Agenda 61

In that vein, I mentioned to Holly a few days ago that someone had just torn down our sign supporting Yucaipa Wine Country and then came back the next night roaming around in the fenced portion of our yard after dark, presumably to take the sign that they had torn down the day before. Holly took the initiative to talk to one of the most vociferous anti -Wine County Plan people she knows to see if they would take responsibility for that act of vandalism. While they did not, I was impressed that she was trying to right a wrong.

As a former judicial officer who has been in the position of making difficult decisions, I know that issues before the Council can often be highly contentious.

Such decisions, by their nature, may anger some of the community. But I am supremely confident that Holly has the intelligence, motivation and intellectual honestly to make any such determinations on the basis of facts and not prejudice, and by weighing the pros and cons of any issue that might come before the Council. That is all we can ask of any of our elected representatives. In my view, she would be an excellent choice.

Very truly yours,
Kathleen Bryan
12/09/2024 City Council Agenda 62

24 December 2025
Re: Holly Warner and Vision Quest
I am professor emeritus of Computer Science at Cal State, but I have also become a watercolor artist, with the help of Holly Warner. Holly lives in Yucaipa, is a local artist and teacher, and a member of Vision Quest. She has been my teacher for years, and been a source of encouragement, inspiration and support as I continue my exploration of art. I have seen her work with students, and greatly appreciate and respect her as a teacher, as an artist, and as a source of inspiration to others.

Through art classes from Holly and also ceramics from Penny Palmer and Nancy Roeder (members of Vision Quest) I have become acquainted with Yucaipa — learned to enjoy learning and doing art at the Vision Quest studio, and also learned to appreciate the town.

Living in Redlands and Mentone for more than a decade, it was only thorough the arts, and through people like Holly Warner, that I learned about Yucaipa, its people, restaurants, stores, parks — and the wonderful downtown historic area. I would have missed a great place without my connection to the arts and Holly, and without the facilities provided by Vision Quest.

Dr. Ernesto Gomez
Professor Emeritus
School of Computer Science and Engineering
California State University San Bernardino
[email protected]
12/09/2024 City Council Agenda 63

Barbara Kuerzinger
Yucaipa CA 92399
December 1, 2024
City of Yucaipa
34272 Yucaipa Blvd
Yucaipa CA 92399
Regarding Appointee for Vacant City Council Seat -District 1 I am writing to recommend Holly Warner to fill the vacancy for City Council District 1. Holly has been a citizen of Yucaipa for more than 30 years; I feel that she has the best interest of this City in her heart.

She is a kind and caring person who donates time and resources to help others. Her desire for this community to be the best it can be would be a great asset to this Council.

Please consider Holly for this opening as I think it is in the best interest of our city to have someone of her caliber helping move us forward.

Thank you.

Concerned Citizen of Yucaipa,
12/09/2024 City Council Agenda 64

I am writing in support of Holly Warner for a seat on the City Council representing the Arts in the community. I know Holly personally from the Redlands Gallery, where she is both a prolific artist as well as an excellent art teacher.

She is communicative, artistic, organized and an excellent addition to the Redlands gallery, and she would most assuredly be equally or greater of an asset to Yucaipa's City Council.

Holly, as well as myself; is a member of Vision Quest, and we both know the importance of arts to both the community as a whole, as well as individually.

Art is something that knows no income, race, ethnicity....

It only knows joy, freedom, and the right to create.

Vision Quest gives folks of all ages ... that right.

Please help Holly help them.

Thank you.

Sue Rernes
12/09/2024 City Council Agenda 65

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12/09/2024 City Council Agenda 66

12/09/2024 City Council Agenda 67

c.I f Y ( )F

RECEIVED
DEC 0 2 2024
APPLICATION FOR YUCAIPA CITY COUNCIL DISTRICT I APPOINTME;I,, s Term begins upon appointment and ends December 2026. Office INSTRUCTIONS: Complete this application and return it to the City Clerk's Office. If you have any questions, please contact the City Clerk's Office at 909-797-2489 x230. Please PRINT clearly in ink.

APPLICATIONS ARE DUE BY MONDAY, DECEMBER 2, 2024, AT 5:00 P.M.

FIRST NAME:

HOME A
HOME
L�
ION

ELL PHONE
e�
EMAIL M IYEARS AT CURRENT RESIDENCE:

EMPLOYER: ' /L� LE OCCUPATION:.

EMPLOYER ADDRESS:

C- lC-*1
23-

EDUCATION INFORMATION

HIGHEST LEVEL OF EDUCATION COMPLETED

LICENSES OR SPECIAL CERTIFICCL HELD
//TE
r

NAME AND LOCATION OF

COLLEGES/UNIVERSITIES
ATTEN/DQ'E�,D�(,
MAJOR
DEGREE

LAST YEAR ATTENDED

CIVIC EXPERIENCE
LIST PRIOR OR CURRENT CIVIC EXPERIENCE (Include memberships in professional, charity, or community organizations)

NAME OF ORGANIZATION

DATES SERVED

START DATE END DATE
OFFICE HELD (If any)

HAVE YOU EVER BEEN CONVICTED OF ANY CRIME OR VIOLATION OF ANY LAW OR STATUTE, OTHER THAN MINOR TRAFFIC VIOLATIONS? If yes, provide an explanation below.

YES fZ]NO
ELIGIBILITY REQUIREMENTS: To qualify as a member of the City Council you must be: a) 18 years of age or older; and b) a resident and registered voter of Yucaipa District 1.ii Will you be able to attend all meetings of the City Council? i �� . Yes v No Are you 18 years of age or older? Yes _4,/ No
Are you a resident of the City of Yucaipa? Yes No
Are you a registered voter in Yucaipa, District 1? Yes Z` No Are you willing to complete the AB1234 Ethics Training as required? Yes 1,� No (If NO to any of the above, please explain):

QUESTIONNAIRE (answers to all questions are required)

1. WHY DO YOU WANT TO BE APPOINTED TO THE CITY COUNCIL? WHAT DO YOU FEEL YOU WILL BRING TO THE POSITION?

2. IF APPOINTED, DO YOU PLAN TO RUN TO HOLD THE SEAT IN 2026? WHAT OTHER FUTURE

PLANS, IF ANY, DO YOU HAVE FOR SEEKING ELECTED OR APPOINTED OFFICE AT ANY LEVEL OF GOVERNMENT?

3. LOOK 10 YEARS INTO THE FUTURE AND DESCRIBE WHAT YOU WANT THE CITY TO LOOK LIKE AND WHY.
12/09/2024 City Council Agenda 70

4. WHAT DO YOU SEE AS THE ROLE OF THE CITY COUNCIL? WHAT DO YOU SEE AS THE ROLE OF THE CITY MANAGER? WHAT DO YOU SEE AS THE ROLE OF STAFF? 1 5. WHAT DO YOU SEE AS THE BIGGEST CHALLENGE FACING THE CITY? I 12/09/2024 City Council Agenda 71

6. GIVEN THE CITY COUNCIL'S ESTABLISHED GOALS FOR 2024, DO YOU FEEL THE CITY IS GENERALLY HEADING IN THE RIGHT DIRECTION?
I declare under penalty of perjury that all statements and responses in this application are true and complete to the best of my knowledge and belief.

DATE
12/09/2024 City Council Agenda 72

Question 1
I want to help the city environment grow balanced between commercial and residential and to assist with a balanced budget. The city should be maintained as to why the current residents came here and the future residents will want to come. I bring the experience of helping manage a 2.4 billion dollar budget and with thousands of employees. I bring experience with HR in dealing with difficult physicians, employees and unions. I also bring experience in marketing to major companies and have assisted with government relations at a state and local level. I always do my prep work prior to meetings. I have learn to listen to all sides of issues before I make decisions. I have worked on major contracts for 25 years. I have assisted with employee contracts and union contracts, as well as provider and facility contracts.

The majority of the later contracts were Evergreen contract with a reasonable 6 months termination time. I have dealt with major disasters such as Covid and worked on maintaining service.

Question 2
My focus is helping Yucaipa be on the right tract at the present time. The future will be decided in the future. Also it depends on the grief I get for making the best decisions for the city. The city council can not make everyone happy.

Question 3
A city that can provide needed community services to our residents. A city that supports and nurture out - local businesses to thrive. A city that families want to move to for the visual and auditory relief. A city that families can enjoy parks and trails and true open space. A community that can work together to help each other enjoy time after work. A city people can work and live together in peace and safety.

Question 4
To work towards a vibrant city that can provide appropriate services to the community. To create an environment that everyone want to live in and work in. To be flexible to deal with unexpected events such as pandemics and natural disasters.

The city manager needs to have the ability to run the city efficiently and within budget. The city manager needs to complete the projects that the city council directs him or her to do. He or she needs to have the respect of the city and city council. The manager needs to advise and encourage the city council to do the most appropriate acts for the city. The manager needs to be able to educate and communicate with the city council and the citizens of Yucaipa. To work towards uniting the city to go towards and appropriate vision and goal. To have a well functioning and knowledgeable staff that is customer friendly. To understand and maintain appropriate priorities.

The staff is to complete the projects that the city needs as requested by the city council and city manager. They need to be neutral on all projects and present to pros and cons to the city council. To 12/09/2024 City Council Agenda 73

provide appropriate community services. To maintain the appropriate infrastructure for the businesses and residents. To help the city maintain a balanced budget.

Question 5
Financial viability. Appropriate business and residential growth. Appropriate priorities to maintain a balanced budget. Lack of long term vision. Community distrust.

Question 6.

The direction is not clear. The timelines seem vague. Priorities unclear. Lack of transparency. Conflicting statement for dealing with the budget.
12/09/2024 City Council Agenda 74

ATTACHMENT 2
12/09/2024 City Council Agenda 75

NOTICE OF APPLICATION PERIOD

FOR APPOINTMENT TO THE CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Yucaipa is seeking applications for appointment to fill an upcoming vacancy on the City Council in District 1. The candidate appointed to fill the vacant seat will serve as a City Councilmember for the remainder of the term, which ends Dec. 2026.

To be eligible, an applicant must be at least 18 years old, a resident of Yucaipa. and legally registered to vote in District 1.

Interested applicants may contact the City Clerk to receive an application and will be required to schedule an appointment to return the completed forms. To receive an application or make an appointment, please call 909-797-2489 x230 or send an email to [email protected].

All applications, completed in their entirety, must be received by the City Clerk's Office no later than Monday, December 2, 2024, at 5:00 p.m. The City Clerk's Office will not accept late applications or postmarks.

Interviews before the City Council will take place at the regularly scheduled City Council meeting on December 9, 2024. The selected candidate will be sworn -in as a member of the City Council immediately following the appointment on December 9t`.

Please contact the City Clerk's Office with any further questions. /s/
Ana V. Sauseda, MMC
City Clerk
Posted on the City's website: 11/14/2024
Published: 11/22/2024
12/09/2024 City Council Agenda 76

Agenda Item No. 1

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of November 13, 2024
SUBJECT: Approve the City Council/Successor Agency/Housing Authority Minutes of November 13, 2024 and the Cancelled Meeting Minutes of November 25, 2024 RECOMMENDATION:

That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of November 13, 2024 and the Cancelled Meeting Minutes of November 25, 2024.

Attachments:

1. Regular Meeting Minutes — 11/13/2024

2. Cancelled Meeting Minutes —11 /25/2024
Approved by:
12/09/2024 City Council Agenda 77

ATTACHMENT 1
12/09/2024 City Council Agenda 78

City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of November 13, 2024
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
CLOSED SESSION — 5:30 PM

CALL TO ORDER
Mayor Beaver called the Closed Session meeting to order at 5:31 p.m.

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

PUBLIC COMMENT
There were no comments.

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
The City Council entered closed session at 5:32 p.m.

City Council Minutes

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12/09/2024 City Council Agenda
79 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
Michael Reiter, Assistant City Attorney
Ana Sauseda, Director of General Services/City Clerk

CLOSED SESSION REPORT
Assistant City Attorney Michael Reiter announced that there was no reportable action.

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

SPECIAL PRESENTATIONS
YAPS Dog of the Month was presented by Krista Dunlop, Executive Director, YAPS.

PUBLIC COMMENT
The following members of the public spoke:
• Mary Ruhter
• Mark Westwood
• Lee Kaberlein
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12/09/2024 City Council Agenda
MI

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 announced that Councilman Garner would be recusing himself from Consent Agenda Items 6, 7, and 9. He asked Council if there were any Consent Agenda items to be removed for discussion.

Mayor Pro Tern Venable pulled Item No. 2 for further discussion.

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.

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
City Council Minutes

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12/09/2024 City Council Agenda

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.

ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED 5-0, TO APPROVE CONSENT
AGENDA ITEMS NO. 1, 3, 4, 5, AND 8.

Councilmember Garner recused himself and left the dais at 6:11 p.m.

ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR BEAVER, CARRIED 4-0-1, (COUNCILMEMBER GARNER RECUSED
HIMSELF) TO APPROVE CONSENT AGENDA ITEMS NO. 6, 7, AND 9.

Councilmember Garner returned to the dais at 6:12 p.m.

City Council Minutes

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12/09/2024 City Council Agenda
RE

ITEMS) REMOVED FOR DISCUSSION

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.

DISCUSSION: City Clerk Sauseda presented the item and answered questions from the Council.

After Council discussion the following motion was 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 NO. 2.

ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR BEAVER, CARRIED 3-2, (COUNCILMEMBER THORP AND MAYOR PRO TEM

VENABLE VOTED NO) TO APPROVE THE SECOND READING OF
ORDINANCE NO. 452.

DISCUSSION ITEM

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.

Councilmember Garner recused himself and left the dais at 6:17 p.m.

DISCUSSION: Director of Governmental Affairs/PIO Pradetto presented the Agenda Report.

The following members of the public spoke:
➢ Amy Simmons
➢ Hansen Wang
➢ Mark Westwood
Kevin Miskin
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12/09/2024 City Council Agenda
RN

After Council Discussion the following motion was made:

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

Councilmember Garner returned to the dais at 7:05 p.m.

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.

DISCUSSION: City Manager Mann presented the Agenda Report.

ACTION: NO ACTION WAS REQUIRED FOR THIS ITEM.

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.

DISCUSSION: Director of Finance White presented the Agenda Report.

After Council Discussion the following motion was made:

ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER GARNER, CARRIED 5-0, TO APPROVE STAFF'S
RECOMMENDATION.

Mayor Pro Tern Venable left the dais at 7:47 p.m. and returned at 7:49 p.m.

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.

DISCUSSION: Director of Finance White presented the Agenda Report.

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12/09/2024 City Council Agenda

The following members of the public spoke:
➢ Hansen Wang
ACTION: NO ACTION WAS REQUIRED FOR THIS ITEM.

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.

DISCUSSION: Director of General Services/City Clerk Sauseda presented the Agenda Report.

The following members of the public spoke:
➢ Hansen Wang
➢ Colleen Wang for Edward Timmons
➢ Holly Warner
➢ Kathy Sellers
After Council Discussion the following motion was made:

ACTION: MOTION BY COUNCILMEMBER GARNER, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED 5-0, DIRECTING STAFF TO

SOLICIT APPLICATIONS TO FILL THE UPCOMING VACANCY VIA

APPOINTMENT AND SCHEDULE APPLICANT INTERVIEWS AT THE
DECEMBER 9TH COUNCIL MEETING.

COUNCILMEMBER REPORTS
Councilmember Duncan asked if the meeting on November 251h would proceed as scheduled.

City Manager Mann stated that if there were no objections from the Council, the meeting would be cancelled as the date falls on the week of Thanksgiving. Seeing no objections, Mayor Beaver cancelled the meeting.

Mayor Pro Tern Venable announced the upcoming Turkey Trot and Winterfest Events.

Councilmember Thorp thanked Councilmember Duncan for the 12 years of service on the City Council.

Mayor Beaver thanked those who have served our Country and wished them a Happy Veterans Day.

City Manager Mann wished everyone a Happy Thanksgiving.

City Council Minutes

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12/09/2024 City Council Agenda
RR

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

ADJOURNMENT
The meeting adjourned at 8:10 p.m.

Justin Beaver, Mayor
ATTEST:

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

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12/09/2024 City Council Agenda
i1

ATTACHMENT 2
12/09/2024 City Council Agenda 87

City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of November 25, 2024
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399

THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF YUCAIPA SCHEDULED FOR NOVEMBER 25, 2024, WAS CANCELLED.

Justin Beaver, Mayor
ATTEST:

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

Page 1 of 1 ends

12/09/2024 City Council Agenda

Agenda Item No. 2

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Trevor Benson, Public Safety Manager 0
FOR: City Council Meeting of December 9, 2024
SUBJECT: Extending the Existence of a Local Emergency Due to the 2022 September Storm Event
RECOMMENDATION:

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

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

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

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

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

As a direct result of the September Storm Event, several areas within the City were impacted, requiring emergency work, such as El Dorado Park, Oak Glen Road and Pendleton Road. Staff is tracking costs for this required emergency response work necessary to address these areas. In addition to the emergency work performed to close, cleanup and reopen City facilities/roadways, additional emergency work was required to address approximately 18,000 cubic yards of mud, silt and debris that impacted areas within the Wilson III Basin/Channel area. In addition, the Oak Glen Creek Basin system sustained approximately 25,000 cubic yards of mud, silt, and debris, that, in conjunction with San Bernardino County Flood Control District was removed. 12/09/2024 City Council Agenda 89

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.

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:
12/09/2024 City Council Agenda 90

Agenda Item No. 3

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Trevor Benson, Public Safety Manager
FOR: City Council Meeting of December 9, 2024
SUBJECT: Extending the Existence of a Local Emergency Due to Tropical Storm Hilary
RECOMMENDATION:

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

TROPICAL STORM BACKGROUND/DISCUSSION:

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

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

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

As a direct result of the tropical storm, several areas within the City were impacted, requiring emergency work, for Oak Glen Road, Casa Blanca and Pendleton Road. Staff is tracking costs for the required emergency response work necessary to address these areas. In addition to the emergency work performed to close, cleanup and reopen City facilities/roadways, additional emergency work was required to address approximately 100,000 cubic yards of mud, silt and debris that impacted areas within the Wilson III Basin/Channel area. In addition, the Oak Glen 12/09/2024 City Council Agenda 91

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

FISCAL IMPACT:

None with this item.

Approved by:
12/09/2024 City Council Agenda 92

Agenda Item No. 4

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 4tl, ' FOR: City Council Meeting of December 9, 2024
SUBJECT: Monthly Report on Yucaipa App Usage — October & November, 2024 RECOMMENDATION:

That the City Council receive and file a report of the user activity on the Yucaipa App for the months of October and November, 2024.

BACKGROUND/DISCUSSION:

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

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

Monthly Totals
Item
AUGUST

SEPTEMBER

OCTOBER

NOVEMBER
Total Monthly
1525
1197
670
670
Users
Total Issues
286
259
242
211
Submitted
Most Commonly
Street/City
Street/City
Street/City
Street/City
Reported Issue
I Issue 90
Issue 80
Issue 77
Issue 66
12/09/2024 City Council Agenda 93

Issues Totals by Type
MAY
JUNE
JULY
AUG
SEP
OCT
NOV
Code Enforcement
8 31
74 75
50 36
45 Daily Park Task
1 ------
------
1 1
2 ------
Daily Street Task
------
2 ------
2 2
------
------
Graffiti/Vandalism
15 20
15 5
26 31
30 Homeless Issue
31 35
51 64
49 33
40 Park Issue
17 21
26 26
22 28
8 Refer to LLMD
------
------
------
------
4 4
6 Refer to PMP
5 9
8 7
12 3
4 Street/City Issue
104
68 81
90 80
77 66
Traffic Calming
9 11
10 13
9 27
9 Trail Issue
1 4
3 3
4 1
3 Grand Total
191
201
268
286
259
242
211
FISCAL IMPACT:

There is no fiscal impact.

Approved by:
12/09/2024 City Council Agenda 94

Agenda Item No. 5

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Chris Mann, City Manager/Treasu r,—
Phil White, Director of Finance
FOR: City Council Meeting of December 09, 2024
SUBJECT: Monthly Treasurer's Report October 2024
RECOMMENDATION:

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

BACKGROUND/DISCUSSION:

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

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

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

The yield for the investment held with the Local Agency Investment Fund (LAIF) was 4.518% in October.

While the City does not have outstanding debt related to bond issuances, the City acts in a fiduciary capacity for the Successor Agency to the former Redevelopment Agency and the Chapman Heights Community Facilities District, both of which maintain outstanding bonds. The City pools cash 12/09/2024 City Council Agenda 95

and investments of all funds, except for assets related to the bond issuances of the Successor Agency and Community Facilities District which are required to be held in separate accounts with fiscal agents in accordance with the bond indentures.

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

FISCAL IMPACT:

There is no fiscal impact.

Attachments:

1. Treasurer Report — October

2. Treasurer Managed Portfolio Summary — October

3. LAIF Quarterly Interest Statement — October

4. Wells Fargo Operating Account — October

5. Investments with Fiscal Agent Summary — October
12/09/2024 City Council Agenda 96

ATTACHMENT 1
12/09/2024 City Council Agenda 97

City of Yucaipa
Treasurer's Report - October 31, 2024
Attachment 1
September 2024
October 2024
Institution/Investment Type
Balance
Balance
Funds Under Control of the City:

Held in U.S. Bank Custody Account
$
39,988,966.93
$
39,721,831.02
Local Agency Investment Fund (LAIF)
$
10,584,694.41
$
6,735,556.67
City Checking Account
$
4,130,582.29
$
4,195,925.61
Petty Cash / Change Drawers
$
2,750.00
$
2,750.00
Total Funds Under Control of the City
$
54,706,993.63
$
50,656,063.30
Funds with Fiscal Agents:

Bank of New York Mellon (Chapman Heights)
CFD 98-1- Invesco Govt Agency Private 1903
$
12,068.98
$
12,068.98
CFD 98-1- Municipal Bond Insurance Policy
$

1.00 $

1.00 CFD 98-1- Admin Exp Acct
$
-
$
80,354.58
CFD 98-1- Cash
$
281,932.11
$
201,577.53
CFD 98-1- Cash
$
-
$
-
$
294,002.09
$
294,002.09
U.S. Bank (Successor Agency)
RDA 1998 TAB - Blackrock Instl Funds
$
743.09
$
755.42
RDA 1998 TAB - LAIF
$
47,414.78
$
47,976.06
RDA 2004 TAB - Blackrock Instl Funds
$
161,936.81
$
162,690.69
RDA 2010 TAB - Blackrock Instl Funds
$
367,692.87
$
369,226.78
$
577,787.55
$
580,648.95
Total Funds with Fiscal Agents
$
871,789.64
$
874,651.04
Grand Total
$
55,578,783.27
$
51,530,714.34

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

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

Treasurer:

Sign / Date
12/09/2024 City Council Agenda 98

ATTACHMENT 2
12/09/2024 City Council Agenda 99

00201101
65- -01-13 -82-311-01
0101-11-04304-01
embank
CITY OF YUCAIPA - TREASURER MANAGED Page 5 of 34
ACCOUNT Period from October 1, 2024 to October 31, 2024

ASSET SUMMARY
10/31/2024
% OF
ASSETS

MARKET VALUE
MARKET
Cash And Equivalents 702,427.18

1.75 U.S. Government Issues
36,144,067.18

90.12 Corporate Issues
2,683,777.66

6.69 Municipal Issues
191,559.00

0.48 BONDS 97
Total Assets
39,721,831.02

99.04 Accrued Income
386,821.32

0.96 Grand Total 40,108,652.34
100.00
EQUIV & ACCR 2.71
12/09/2024 City Council Agenda 100

ATTACHMENT 3
12/09/2024 City Council Agenda 101

11/14/24, 4:55 PM
LAIF Regular Monthly Statement
California State Treac l r^r
Fiona Ma, cPA
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001

CITY OF YUCAIPA

TREASURER
34272 YUCAIPA BLVD.

YUCAIPA, CA 92399
Account Number:

October 2024 Statement
November 14, 2024
LAIF Home
PMIA Average Monthly
Yields
Tran Type Definitions
Web
Effective
Tran
Transaction
Confirm
Confirm
Date
Date
Type
Number
Number
Authorized Caller
Amount
10/15/2024
10/14/2024
QRD
1762347
N/A
SYSTEM
150,862.26
10/21/2024
10/17/2024
RW
1762732
1723263

PHILLIP WHITE
-2,000,000.00
10/28/2024
10/24/2024
RW
1762924
1723460

PHILLIP WHITE
-2,000,000.00
Account Summary
Total Deposit:

Total Withdrawal:
150,862.26 Beginning Balance:
-4,000,000.00 Ending Balance:
10,584,694.41
6,735,556.67
hftps://Iaifms.treasurer.ca.gov/RegularStatement.aspx 1 /1 12/09/2024 City Council Agenda 102

ATTACHMENT 4
12/09/2024 City Council Agenda 103

Analyzed Business Checking - PF
Account number: ■ October 1, 2024- October 31, 2024 ■ Page 1 of 8

CITY OF YUCAIPA

GENERAL OPERATING ACCOUNT
34643 YALE DR
YUCAIPA CA 92399-6860
Account summary
Analyzed Business Checking - PF
Questions?
Call your Customer Service Officer or Client Services
1-800-AT WELLS (1-800-289-3557)
5:00 AM TO 6:00 PM Pacific Time Monday - Friday
Online: wellsforgo.com
Write: Wells Fargo Bank, N.A. (114)
P.O. Box 6995
Portland, OR 97228-6995
Accountnumber Beginning balance Total credits Total debits Ending balance $4,130,582.29 $6,675,482.13-$6,610,138.81 $4,195,925.61 Credits
Deposits
Effective Posted
date date
Amount
Transaction detail
10/01
580.00
Deposit
10/02
1,300.00
Deposit
10/07
150.00
Deposit
10/07 2,773.00 Deposit
10/08 1,825.00 Deposit
10/11 450.00 Deposit
$7,078.00 Total deposits
Electronic deposits/bank credits
Effective Posted
date date
Amount
Transaction detail
10/01

12.05 Stripe Transfer St-M1 P2M71-01-4 City of Yucaipa
10/01
313.00
Paymentech Transfer 241001 Tyler0005037661 Mun Csh CA Yucaipa Gen 10/01
2,057.77
Stripe Transfer St-P1 F8132A019G9 City of Yucaipa
10/01
2,219.36
Desktop Check Deposit
10/01
4,840.13
Desktop Check Deposit
10/01
7,890.00
Paymentech Transfer 241001 Tyler0005037697 Eg Css CA Yucaipa Comm 10/02

68.00 Cash Only Customer Deposit
10/02

99.00 Desktop Check Deposit
10/02
259.00
Cash Only Customer Deposit
10/02
442.00
Desktop Check Deposit
10/02
650.00
10/026ankcard Deposit-0483998756
10/02
765.85
Cash Only Customer Deposit
10/02
1,180.00
Cash Only Customer Deposit
10/02
1,221.00
Paymentech Transfer 241002 Tyler0005037697 Eg Css CA Yucaipa Comm 02010 Wells Fargo Bank, N.A.

ATTACHMENT 5
12/09/2024 City Council Agenda 105

City of Yucaipa
Investment with Fiscal Agent Summary
FY 2025
10/31/2024
703130 Special Tax Acct - Invesco Govt Agency Private 1903 $
12,068.98
703132 Principal AC - Cash
$
201,577.53
703132 Principal AC - Municipal Bond Insurance Policy
$

1.00 703170 Admin Exp Acct
$
80,354.58
$
294,002.09
U.S. Bank
RDA 1998 TAB
6711616700 Project Acct - Blackrock Instl Funds
$

0.24 6711616701 Interest Acct - Blackrock Instl Funds
$
689.08
6711616702 Principal Acct - Blackrock Instl Funds
$

31.83 6711616703 Sinking Acct - Blackrock Instl Funds
$

34.27 6711616704 Reserve Acct - LAIF
$
47,976.06
$
48,731.48
RDA 2004 TAB
6711740700 Project Acct - Blackrock Instl Funds
$

0.12 6711740701 Interest Acct - Blackrock Instl Funds
$
16,844.99
6711740702 Principal Acct - Blackrock Instl Funds
$
235.09
6711740703 Reserve Acct - Blackrock Instl Funds
$
145,610.49
$
162,690.69
RDA 2010 TAB
6711740705 Reserve Acct - Blackrock Instl Funds
$
369,226.78
12/09/2024 City Council Agenda 106

Agenda Item No. 6

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Phil White, Director of Finance
FOR: City Council Meeting of December 9, 2024
SUBJECT: Measure S Agreement Package with California Department of Tax and Fee Administration
RECOMMENDATION:

That the City Council:

2. Adopt Resolution No. 2024-64, authorizing examination of sales or transactions and use tax records; and
Amend the FY25 budget to include preparatory costs not to exceed $175,000 payable from the General Fund.

BACKGROUND/DISCUSSION:

Measure S, which enacts a City transaction and use tax, was approved by a two-thirds vote of the City Council and approved by a majority vote of the qualified voters of the City of Yucaipa in the November 2024 General Election. The California Department of Tax and Fee Administration (CDTFA) will administer the collection of and transmittal of the Measure S revenues to the City.

As a condition for doing so, it requires the City to enter into two agreements, for which the City Council's approval is sought.

Preparatory Agreement. This agreement will authorize CDTFA to prepare for the collection of the newly approved sales tax and to calculate the associated costs CDTFA will incur — and that the City will be obligated to pay CDTFA — for its collection of the tax on the City's behalf. As noted in the agreement, the amount to be paid by City for preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000). 12/09/2024 City Council Agenda 107

Administration Agreement. This agreement will govern how CDTFA administers and collects the sales tax revenue for the City. This detailed agreement identifies the CDTFA and City responsibilities and the timing and terms of transfers of revenue to the City.

CDTFA also requires that cities identify the staff members who are authorized to inspect the records that agency gathers from vendors who collect the sales tax. (These records are otherwise confidential under applicable law.) The proposed resolution specifies that the Finance Director would have these authorities.

FISCAL IMPACT:

The recommendations authorize a General Fund budget adjustment of $175,000.

Attachments:

1. Resolution No. 2024-63 - Authorizing Execution of the Agreements with CDTFA

2. Resolution No. 2024-64 - Authorizing the Examination of Records Approved by:%-'
12/09/2024 City Council Agenda 108

ATTACHMENT 1
12/09/2024 City Council Agenda 109

RESOLUTION NO. 2024-63

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

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE

AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND

FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL

TRANSACTIONS AND USE TAX
WHEREAS, June 24, 2024, the City Council approved Ordinance No. 453 amending the City Municipal Code and providing for a local transactions and use tax and submitting the Ordinance to the voters of the City of Yucaipa who, by a majority vote, approved Ordinance No. 453 at the General Municipal Election held on November 5, 2024; and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a "Preparatory Agreement" and an "Administration Agreement" prior to implementation of said taxes, and WHEREAS, the Department requires that the City Council authorize the agreements.

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

Section 1. The "Preparatory Agreement" attached as Exhibit A and the "Administrative Agreement" attached as Exhibit B are hereby approved and the City Manager is hereby authorized to execute each agreement.

PASSED, APPROVED, and ADOPTED this 91h day of December, 2024.

Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
12/09/2024 City Council Agenda 110

Exhibit A

AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE

CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Yucaipa, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:

1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.

2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.

These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.

3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.

4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.

5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance.

City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.

6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.) (Rq12)WA24 City Council Agenda 1 111

7. Communications and notices may be sent by first class United States mail or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail. Communications and notices to be sent to the Department shall be addressed to:

California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:

City of Yucaipa
Attention: Director of Finance
34272 Yucaipa Blvd.

Yucaipa, CA 92399

8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.

CITY OF YUCAIPA
an
(Signature)
Chris Mann
(Typed Name)
City Manager
(Title)
Date:

CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION
0-0
Administrator
Local Revenue Branch
Date:
(ReY20004bN City Council Agenda 2 112

Exhibit B

AGREEMENT FOR STATE ADMINISTRATION

OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Yucaipa has adopted, and the voters of the City of Yucai a (hereafter called "City" or "District") have approved by the required majority vote, the City of Yucaipa Transactions and Use Tax Ordinance (hereafter called "Ordinance"), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the "Department") and the City do agree as follows:

ARTICLE I

DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:

1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9 , and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.

2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No.453, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.

ARTICLE II

ADMINISTRATION AND COLLECTION

OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance. 12/09/2024 City Council Agenda 113

B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.

C. Transmittal of money.

1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.

2. For periods subsequent to the expiration date of the tax whether by City's self-imposed limits or by final judgment of any court of the State of California holding that City's ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.

3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.

D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.

E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state -administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear. (Rq2/xWJ024 City Council Agenda 2 114

F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears.

The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.

G. Records of the Department.

When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller's permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.

H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.

ARTICLE III

ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:

1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion (RgN2/-U ft 024 City Council Agenda 3 115

of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.

2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self -declared district taxes for the period for which the determination, billing, refund or credit applies.

B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.

ARTICLE IV

COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.

ARTICLE V

MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail.
(ReK/bWI024 City Council Agenda 4 116

Communications and notices to be sent to the Department shall be addressed to:

California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:

City of Yucaipa
Attention: Director of Finance
34272 Yucaipa Blvd.

Yucaipa, CA 92399
Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.

B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on December 9, 2024 or such other date as the parties may mutually agree. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.

C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. (Rem/'U�&24 City Council Agenda 5 117

ARTICLE VI

ADMINISTRATION OF TAXES IF THE

ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.

1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest -bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non -appealable judgment that the tax is valid.

2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non -appealable.

B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:

1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.

2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.

3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.

4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing (ReY27R024 City Council Agenda 6 118

the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.

5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.

6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.

7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.

CITY OF YUCAIPA
(Signature)
Chris Mann
(Typed Name)
City Manager
(Title)
(Date)

CALIFORNIA STATE DEPARTMENT OF

TAX AND FEE ADMINISTRATION
Administrator
Local Revenue Branch
Date:
(Rel` jd�i 024 City Council Agenda 7 119

ATTACHMENT 2
12/09/2024 City Council Agenda 120

RESOLUTION NO.2024-64

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

CALIFORNIA, AUTHORIZING EXAMINATION OF SALES OR

TRANSACTIONS AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. 453, the City of Yucaipa (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, the City Council of the City of Yucaipa deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales and use taxes collected by the Department for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department.

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

Section 1. That the City Manager and Director of Finance, or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration, are hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.

Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales and use taxes by the Department pursuant to that contract.

BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales and use taxes by the Department pursuant to the contract between the City and the Department. 12/09/2024 City Council Agenda 121

Section 3. That this resolution supersedes all prior resolutions of the City Council of the City of Yucaipa adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.

PASSED, APPROVED, and ADOPTED this 9th day of December, 2024.

Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
12/09/2024 City Council Agenda 122

Agenda Item No. 7

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Grant Malinowski, Fire Chief
Phil White, Director of Finance
FOR: City Council Meeting of December 9th, 2024
SUBJECT: Budget Adjustments — Fire Fund
RECOMMENDATION:

That the City Council authorize the following Fire Fund budget adjustments:

1. Increase the equipment maintenance budget by $75,000 for engine maintenance costs; and

2. Increase to the incident expense budget and corresponding revenue budget by $50,000 to address the costs incurred during the current fire season.

BACKGROUND/DISCUSSION:

Due to a busy fire season, adjustments to the adopted budget are required. The engines have met their expected useful lives and remain in service. Repairs are required more frequently and coupled with the busy season, the equipment maintenance budget has been used quicker than anticipated.

Accordingly, an increase of $75,000 in the maintenance budget is being requested to reload the budget for the remainder of the year.

The City allocates a budget for incident expenses annually. This account is used to track costs related to the deployment of personnel, equipment, and supplies. These costs are reimbursed to the City as revenue in the Fire Fund. The season's high volume and intensity have exhausted the budget, necessitating a request to replenish the account with an additional $50,000. As this is a. reimbursable activity, a corresponding revenue adjustment is being proposed as well.

FISCAL IMPACT:

The recommendations result in a budgeted net increased cost of $75,000 in the Fire Fund.

Approved by:
12/09/2024 City Council Agenda 123

Agenda Item No. 8

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Phil White, Director of Finance 0
FOR: City Council Meeting of December 9, 2024
SUBJECT: Budget Adjustment - Public, Educational, and Governmental (PEG) Funding RECOMMENDATION:

That the City Council authorize the FY24 budget transfer for the use of $16,136 in PEG funding.

BACKGROUND/DISCUSSION:

The City's Public Educational & Government Access (PEG) fund supports and promotes public education and government access programs within the community. The fund is designed to enhance educational opportunities and provide access to government -related information and services for the general public. The restricted funding comes from video service providers. A fee of 1 % of gross revenues is assessed to all video service providers that use the public rigths-of-way, including all local franchises and all holders of state franchises as consistent with state or federal law. The PEG fee is received quarterly from the video service providers. Accumulated revenues are accounted for in the PEG fund until the restricted use has occurred.

The development of the City's media room included costs that meet the restricted use criteria of PEG funding. Equipment such as cameras, computers and video production equipment can qualify.

During the FY24, such costs totalled $16,136 and were coded to the General Fund. Per the City's budget policy, all transfers must be budgeted. Accordingly, staff is requesting the City Council authorize a FY24 budget adjustment transfering out of the PEG fund and transfering in to the General Fund.

FISCAL IMPACT:

The recommendation authorizes the transfer of $16,136 in restricted funding to reimburse the General Fund.

Approved by:
12/09/2024 City Council Agenda 124

Agenda Item No. 9

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of December 9, 2024
SUBJECT: Adoption of Resolution No. 2024-62, Setting the 2025 City Council Meeting Schedule
RECOMMENDATION:

That the City Council adopt Resolution No. 2024-62, setting the 2025 City Council meeting schedule.

BACKGROUND/DISCUSSION:

Pursuant to Section 2.04.010 of the Yucaipa Municipal Code, the day and time of Council meetings shall be set by resolution of the City Council. Setting a schedule for the 2025 calendar year will assist in managing City Council meeting agendas. Special meeting dates have not been notated on this schedule as they come up on an as -needed basis. The proposed 2025 calendar year schedule is included as part of Resolution No. 2024-62.

FISCAL IMPACT:

There is no fiscal impact.

Attachments:

1. Resolution No. 2024-62
Approved by: - —
12/09/2024 City Council Agenda 125

ATTACHMENT 1
12/09/2024 City Council Agenda 126

RESOLUTION NO.2024-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, SETTING THE 2025 CALENDAR YEAR SCHEDULE FOR

CITY COUNCIL MEETINGS
WHEREAS, the City Council periodically changes the date of regularly scheduled meetings; and
WHEREAS, setting a schedule for the 2025 calendar year will assist in managing City Council meeting agendas; and
WHEREAS, at the December 9, 2024 regular meeting, the City Council reviewed and considered the 2025 City Council Regular Meeting Schedule.

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

Section 1. The 2025 City Council Regular Meeting Schedule is set as follows:

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

PASSED, APPROVED, and ADOPTED this 9th day of December, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
12/09/2024 City Council Agenda 127

Agenda Item No. 10

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services
Sarah Martinez, Community Services Superintendent
Nick Johnson, Community Services Supervisor
FOR: City Council Meeting of December 9, 2024
SUBJECT: Facility Use Agreements between the City of Yucaipa and Yucaipa Valley Youth Soccer Organization, Yucaipa Valley American Little League, Yucaipa Valley National Little League, Yucaipa-Calimesa Girls Softball, Yucaipa Youth Basketball, Inc., Yucaipa Junior All American Football and Cheer, Inc., Yucaipa Swim Team, Sand Canyon Water Polo Club, and Yucaipa Pickleball Inc.

RECOMMENDATION:

That the City Council:

Authorize the City Manager to execute Facility Use Agreements between the City of Yucaipa and Yucaipa Valley Youth Soccer Organization, Yucaipa Valley American Little League, Yucaipa Valley National Little League, Yucaipa-Calimesa Girls Softball, Yucaipa Youth Basketball, Inc., Yucaipa Junior All American Football and Cheer, Inc., Yucaipa Swim Team, Sand Canyon Water Polo Club (Organizations) and Yucaipa Pickleball Inc., for use of facilities; and

2. Authorize the City Manager or his designee to administer the terms of the Agreements.

BACKGROUND/DISCUSSION:

The proposed Facility Use Agreements (Agreements), presented for City Council's review, identify several City of Yucaipa (City), Yucaipa-Calimesa Joint Unified School District (District) and San Bernardino Community College District (SBCCD) owned facilities that are being used by the Organizations, clarify operational procedures relative to that use, and identify the fees associated with the use. Staff will continue to coordinate, and schedule Organizations' use of City, District, and SBCCD facilities and maintain, operate, collect fees, and schedule lights.

The proposed Agreements specify that the City, District, and SBCCD agree to the Organizations' use of facilities and will provide maintenance on the facilities as necessary. In addition, the Agreements clarify the responsibilities of all parties involved.
12/09/2024 City Council Agenda 128

The current Agreements between the City and Organizations are set to expire on December 31, 2024. The proposed Agreements shall commence on January 1, 2025, and expire on December 31, 2026.

Pursuant to the 2024 City Council goal #5 "Increase Revenue Generation to Offset Costs of Community Services and Development Services Functions; Move Toward Full Cost Recovery for Festivals and User Fees," staff is recommending a change in fee structure from charging a fee per player to charging a per hour fee. Each Agreement has the recommended fee for that Organizations facility use.

The only Organization that will not move to an hourly fee is Yucaipa Swim Team. Yucaipa Swim Team currently pays $10,000 a year, their fee will increase by 50% to $15,000 per year. To move to a per hour fee they need more time to work through the details and structure of the use of the SBCCD Aquatic Center. Their Agreement moves to the hourly rate during year two.

FISCAL IMPACT:

The recommendations do not result in a significant fiscal impact.

Attachment(s):

1. Yucaipa Valley American Little League Facility Use Agreement

2. Yucaipa Valley National Little League Facility Use Agreement

3. Yucaipa-Calimesa Girls Softball Facility Use Agreement

4. Yucaipa Youth Basketball, Inc. Facility Use Agreement

5. Yucaipa Junior All American Football and Cheer, Inc. Facility Use Agreement

6.' Yucaipa Valley Youth Soccer Organization Facility Use Agreement

7. Yucaipa Swim Team Facility Use Agreement

8. Sand Canyon Water Polo Club Facility Use Agreement

9. Yucaipa Pickleball Club Inc.

Approved by:
12/09/2024 City Council Agenda 129

ATTACHMENT
12/09/2024 City Council Agenda 130

FACILITY USE AGREEMENT BETWEEN THE CITY OF YUCAIPA AND

YUCAIPA VALLEY AMERICAN LITTLE LEAGUE FOR THE USE OF

THE CITY OF YUCAIPA AND YUCAIPA-CALIMESA JOINT UNIFIED

SCHOOL DISTRICT FACILITIES
This Facility Use Agreement ("AGREEMENT") by and between Yucaipa Valley American Little League (YVALL) a California non-profit public benefit corporation, and the CITY OF YUCAIPA ("CITY"), a municipal corporation, is entered into as of December 9, 2024, with reference to the following facts:

RECITALS
A. YVALL runs a youth baseball program for residents of the CITY and surrounding communities.

B. All CITY and YCJUSD facilities will collectively be referred to hereinafter as "FACILITIES." For the purposes of this Agreement, CITY and Consultant are sometimes hereinafter referred to as "PARTY" and hereinafter collectively referred to as the "PARTIES."
C. The CITY and the YCJUSD are parties to a separate Joint Use Agreement for the operation of youth athletic programs and activities at certain locations, including the FACILITIES.

D. YVALL desires to use the FACILITIES for a youth baseball program hereinafter referred to as "PROGRAM."
E. The CITY is willing to allow YVALL to use the FACILITIES for its PROGRAM, subject to YVALL's compliance with the terms of this AGREEMENT, and all other applicable CITY ordinances, rules and regulations, policies, federal, and state laws.

F. YVALL use of any YCJUSD FACILITIES for its PROGRAM is contingent upon YCJUSD's approval of such use and YVALL's compliance with the terms of this AGREEMENT and all other applicable YCJUSD rules, regulations, policies, federal, and state laws.

NOW, THEREFORE, for good and adequate consideration, the sufficiency of which is hereby acknowledged, the PARTIES hereby mutually agreed as follows:
12/09/2024 City Council Agenda 131

CITY of Yucaipa
Section I. Term, Effective Date and Expiration Date.

This AGREEMENT shall commence on JANUARY 1, 2025 (EFFECTIVE DATE), and expire on DECEMBER 31, 2026 (EXPIRATION DATE), unless sooner terminated in accordance with the terms of this AGREEMENT.

Section II. YCJUSD Approval for Use of YCJUSD FACILITIES.

YVALL's use of YCJUSD FACILITIES shall be subject to the following requirements:

1. Following the EFFECTIVE DATE, YVALL may submit applications to YCJUSD for YVALL's use of FACILITIES for its PROGRAM.

2. This AGREEMENT does not constitute approval by the CITY of YVALL's use of any YCJUSD FACILITIES. YCJUSD shall be responsible for and have final approval authority over any facility use request submitted to the YCJUSD.

3. YVALL shall be solely responsible for complying with all requirements imposed by YCJUSD, including but expressly not limited to, submitting all information and documentation required by YCJUSD and complying with any other YCJUSD requirements. All such requirements shall be in addition to the requirements of this AGREEMENT.

4. YCJUSD allocates use of FACILITIES on a fiscal year calendar. To be considered for priority use of YCJUSD FACILITIES applications should be submitted to YCJUSD between June I" and June 30th for the upcoming fiscal year calendar. Applications submitted after June 30th will not be considered priority use and will be subject to availability. YVALL acknowledges that any application it submits to YCJUSD for its PROGRAM will be subject to all these requirements in addition to all other YCJUSD requirements.

Section III. FACILITIES Fees and Charges.

During the term of this AGREEMENT, YVALL shall pay for the use of CITY FACILITIES as follows:
a. City of Yucaipa Athletic Fields - $5.00 per hour per field b. Lights - $10.00 per hour
c. Deposit - $500.00 refundable

2. All fees and charges imposed under this AGREEMENT shall be subject to any annual or other periodic increase or change in such fees adopted by the CITY Council. 12/09/2024 City Council Agenda 2 132

CITY of Yucaipa

3. The CITY shall invoice YVALL by the fifth day of each calendar month for costs incurred during the prior month. YVALL shall process and pay in full all costs to the CITY within 30 days of receipt of invoice. All payments shall be made by cash, credit card, or check payable to the CITY OF YUCAIPA.

4. Use of any other CITY facility shall be subject to the CITY's standard fees and charges in effect, including a 50% discount on other CITY FACILITIES.

Section IV. PARTY Representatives.

The CITY's representative for this AGREEMENT is Megan Wolfe, Director of Community Services, or her written designee. YVALL's representative for this AGREEMENT is Matt Hardison or their written designee. Either PARTY may change its respective representative, by written notice to the other PARTY served in accordance with Section XIII of this AGREEMENT.

Section V. Non -Profit Status.

Prior to the EFFECTIVE DATE, YVALL shall provide the CITY with the following documentation that confirms YVALL compliance with 501(c)(3) non-profit status:
• A copy of State of California not -for -profit incorporation papers or tax-exempt IRS letter showing proof of current 501(c)(3) non-profit status; and A roster of officers, including names, titles, addresses, e-mail addresses, and phone numbers. At all times during the term of this AGREEMENT, YVALL shall maintain its 501(c)(3) non-profit status in good standing (Exhibit Q.

Section VI. YVALL Obligations during PROGRAM.

During the term of this AGREEMENT:

YVALL shall comply with the terms of this AGREEMENT and all other applicable rules, regulations, and policies of the CITY, YCJUSD, federal, and state laws, when using the FACILITIES.

2. YVALL shall designate and utilize one representative, and one alternate representative authorized to act on YVALL's behalf with respect to all PROGRAM concerns and/or issues that may arise at the FACILITIES.

3. YVALL shall conduct background checks on all volunteers, pursuant to California Penal Code Section 11105.3, as amended from time to time, and to provide written notice of its criminal background check policy to the parents or guardian of any youth participating in 12/09/2024 City Council Agenda 133

CITY of Yucaipa
the program, pursuant to California Business & Professions Code Section 18900, as amended from time to time.

4. YVALL shall be responsible for the conduct of all YVALL board members, officers, employees, agents, designated volunteers, players, coaches, referees, visiting teams, and spectators ("PARTICIPANTS"), participating in or attending any PROGRAM at the FACILITIES, other than any CITY official or employee.

5. YVALL and its PARTICIPANTS, participating in or attending the PROGRAM shall adhere to and comply with all FACILITY rules and regulations during the PROGRAM and shall adhere to and comply with the code of conduct for the principles of sportsmanship, fair play, and other ethical issues that relate to team sports. YVALL shall submit a copy of the Parent, Coach, Volunteer Codes of Conduct and Player's Pledge prior to the commencement of the season and/or practices.

6. YVALL shall provide the CITY a detailed and defined description of all PROGRAMS, a minimum of thirty (30) days in advance of the scheduled start of all PROGRAMS.

YVALL's request of additional dates and/or times for PROGRAM additions and/or changes shall be submitted to CITY no later than thirty (30) days in advance. This includes any post -season PROGRAM events.
a. Use of the CITY FACILITIES shall be subject to the following order of priority:
• First Priority: CITY programs and activities
• Second Priority: YVALL in accordance with CITY's scheduling methodology
• Third Priority: YCJUSD and other organization's programs and activities, in accordance with CITY's scheduling methodology b. The YVALL's PROGRAM shall always remain subject to the review and approval, by mutual agreement, of all PARTIES involved.

7. The CITY will provide marketing support to the YVALL for the purpose of marketing the PROGRAM, at locations and on social media platforms approved by CITY.

8. YVALL shall in good faith and with reasonable diligence, develop and offer programs that reflect community needs. During the term of this AGREEMENT, YVALL shall make reasonable efforts to provide a PROGRAM participation rate of at least 51 % of Yucaipa residents and shall encourage residents to be involved in all aspects of the PROGRAM through local media and the CITY's Community Services Department resources. 12/09/2024 City Council Agenda 4 134

CITY of Yucaipa

9. Postponement or cancellation of use shall be reported immediately by YVALL to the CITY's representative. Cancellation of weeknight usage is required at least 48 hours in advance. Cancellation of weekend usage must take place at least 96 hours in advance. In the case of inclement weather or FACILITY closures YVALL will not be charged for use.

10. YVALL shall be allowed to place signs, banners, or displays at/on the FACILITIES with the CITY's consent. Any such signs, banners, or displays must be in compliance with all ordinances, rules, and regulations of the CITY and/or YCJUSD. YVALL shall remove all such signs, banners, or displays promptly at the conclusion of the PROGRAM unless otherwise authorized by the CITY and/or YCJUSD.

11. YVALL shall check for any possible unsafe conditions at the FACILITIES daily, prior to use. Any unsafe conditions shall be immediately reported to the CITY Public Works Manager at (909) 649-9581. YVALL shall be responsible for making sure that none of its PARTICIPANTS access any of the FACILITIES at which YVALL has determined there is an unsafe condition.

12. YVALL shall be responsible for all damages incurred to the FACILITIES at any time the PROGRAM is occurring.

13. YVALL shall make no alterations, additions, or improvements to FACILITIES without the CITY/YCJUSD prior written consent. The CITY shall not unreasonably withhold such consent for non-structural work only. Failure to comply will result in loss of deposit. All alterations, improvements, or additions, which are made to.the FACILITIES by YVALL shall become the property of the CITY/YCJUSD and shall remain upon and be surrendered with the premises at the EXPIRATION DATE. Upon expiration of this AGREEMENT, or earlier termination thereof, the FACILITIES (and any alterations or additions thereto) shall be free, clear and unencumbered, and YVALL shall defend and indemnify the CITY/YCJUSD against any future claims arising in connection with any encumbrance placed upon or allowed to be placed upon the FACILITIES by YVALL.

Notwithstanding the above, this paragraph shall not apply to YVALL's trade fixtures, furniture, equipment, or other machinery, which are not affixed to the FACILITIES in a manner, so that they cannot be removed without material or structural damage to the FACILITIES, which shall remain the property of YVALL and may be removed by YVALL on or before the EXPIRATION DATE of this AGREEMENT.

Section VII. Independent Contractor Status.

1. In the performance of this AGREEMENT, YVALL is and shall always remain as to the CITY an independent contractor. As an independent contractor, YVALL and its PARTICIPANTS, are not employees of the CITY, and are not members of the personnel 12/09/2024 City Council Agenda 5 135

CITY of Yucaipa
systems of the CITY. As such, YVALL and its PARTICIPANTS shall not have any rights or benefits of an employee under
a. any personnel, employment, or other ordinances, codes, regulations, resolutions, policies, or rules of the CITY relating to employees, or (ii) any Memorandum of Understanding between the CITY and any of the CITY's bargaining units.

This section does not preclude any CITY employee from volunteering on their personal time to serve in the capacity of a volunteer referee, coach, or board member.

2. At no time during this AGREEMENT shall YVALL, or any of its PARTICIPANTS represent orally or in writing that YVALL is a CITY program or activity, or that any PARTICIPANT or any of YVALL's board members, officers, employees, agents, or volunteers are employees of the CITY. At no time during the term of this AGREEMENT shall YVALL or any of YVALL PARTICIPANTS wear any uniform or display or carry any badge, button, or identification that identifies them as employees of the CITY.

Section VIII. Use of CITY Logo or Name.

YVALL shall not use the CITY's logo/seal without the prior written consent of the CITY.

Section IX. No Assignment.

1. YVALL shall not assign or transfer this AGREEMENT, in whole or in part, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

2. YVALL shall not lease, sublease, assign, license, or transfer any portion of the FACILITIES, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

Section X. CITY Services.

During the term of this AGREEMENT, the CITY will provide the following services:

1. The CITY shall provide workers' compensation insurance or self-insurance for any work or services performed by its employees, to the extent required by law. 12/09/2024 City Council Agenda 6 136

CITY of Yucaipa

2. The CITY may, in its sole discretion, determine how the services provided under this AGREEMENT will be accomplished and may contract or assign any obligations to provide services without notice or consent of YVALL.

Section XI. Insurance Requirements.

1. YVALL shall provide and maintain insurance, acceptable to 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 AGREEMENT by YVALL, 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. YVALL shall provide the following scope and limits of insurance:
a. MINIMUM SCOPE OF INSURANCE. YVALL shall maintain the following types and limits of insurance.
b. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

AUTOMOBILE LIABILITY INSURANCE. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if YVALL has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

WORKERS' COMPENSATION INSURANCE. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the YVALL maintains broader coverage and/or higher limits than the minimums shown above, CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by the YVALL. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

2. OTHER PROVISIONS. The insurance policies are to contain, or be endorsed to contain, the following provisions:

CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations 12/09/2024 City Council Agenda 7 137

CITY of Yucaipa
performed by or on behalf of the YVALL including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the YVALL's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage For any claims related to this contract, the YVALL's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of the YVALL's insurance and shall not contribute with it.

Notice of Cancellation YVALL shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, YVALL shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation YVALL hereby grants to CITY a waiver of any right to subrogation which any insurer of said YVALL may acquire against CITY by virtue of the payment of any loss under such insurance. YVALL agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by the Contractor, its employees, agents, and subcontractors.

Self -Insured Retentions Self -insured retentions must be declared to and approved by CITY. CITY may require the YVALL to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or CITY.

Verification of Coverage YVALL shall furnish CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the YVALL's obligation to provide them. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 12/09/2024 City Council Agenda 8 138

CITY of Yucaipa
Subcontractors YVALL shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that CITY is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Section XII. Indemnification.

1. To the fullest extent permitted by law, YVALL shall indemnify, protect, defend (with legal counsel reasonably selected by CITY) and hold harmless CITY and any and all of its elected and appointed officials, officers, employees, independent contractors, 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 YVALL or sub YVALL's), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert YVALL's or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by YVALL, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. YVALL'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.

2. YVALL agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from every sub YVALL, subcontractor or any other person or entity involved by, for, with or on behalf of YVALL in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event YVALL fails to obtain such indemnity obligations from others as required here, YVALL 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 YVALL and shall survive the termination of this Agreement and this section.

Section XIII. Notice.

CITY of Yucaipa
State of California, duly certified, with postage fully prepaid and addressed to the PARTY for whom intended as follows:

TO CITY: CITY OF YUCAIPA
Megan Wolfe, Director of Community Services
34272 Yucaipa Blvd.

Yucaipa, CA 92399
(909) 797-2489 ext. 241
[email protected]
TO CITY: YVALL
Either PARTY hereto may, from time to time, by written notice to the other PARTY, designate a different representative or address which shall be substituted for the one above specified. If any notice or other document is sent by certified mail, as aforesaid, the same shall be deemed served or delivered on the third business day after the mailing thereof, as provided above.

Section XIV. Termination of Agreement.

1. Termination by the CITY. Should the CITY, at any time, become dissatisfied with YVALL's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to YVALL pursuant to Section XIII.

2. Termination by YVALL. Should YVALL, at any time, become dissatisfied with the CITY's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to the CITY pursuant to Section XIII.

Section XV. Surrender of Facilities.

Upon the EXPIRATION DATE, or any sooner termination pursuant to notice given in accordance with Section XIV, YVALL shall surrender and vacate the FACILITIES, and shall cause all its PARTICIPANTS in any game or other event or activity of the PROGRAM, to leave such FACILITIES following activity taking place. YVALL shall leave the FACILITIES in good condition, ordinary wear and tear excepted. Concurrently therewith, YVALL shall remove all non - fixed equipment and other personal property of YVALL from the FACILITIES.

Section XVI. Non -Discrimination.

YVALL shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision -making, race, color, religious creed, marital status, ancestry, national origin, medical 12/09/2024 City Council Agenda 10 140

CITY of Yucaipa
condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. YVALL 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. YVALL shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

Section XVII. No Joint Venture or Agency Relationship.

Nothing herein contained shall be construed to place the PARTIES to this AGREEMENT in the relationship of a joint venture, association, partnership, or other form of a business organization or agency relationship. YVALL shall have no power to obligate or bind the CITY in any manner whatsoever. Further, under no circumstances shall YVALL represent itself to be an agent of the CITY or any of its departments, officials, officers, or employees. Nothing in this AGREEMENT may be construed to have authorized or vested in YVALL the power to be an agent of the CITY or an actor under the color of law, be it civilly or criminally.

Section XVIII. General Provisions.

Amendment or Modifications. This AGREEMENT may only be amended or modified only by an agreement in writing executed by all of the PARTIES to this AGREEMENT.

2. Waiver. No waiver by any PARTY nor any breach of any term or provision of this AGREEMENT shall be construed to be, nor be, a waiver of any preceding, concurrent or succeeding breach of the same, or any other term or provision hereof.

3. Binding Agreement. It is mutually understood and agreed that this AGREEMENT shall be binding upon the CITY and its successors and assigns, and upon YVALL its partners, successors, executors, administrators, and assigns.

4. Attorney's Fees. In the event of any action between CITY and YVALL seeking enforcement of any of the terms and conditions of this AGREEMENT, the prevailing PARTY in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonable attorney's fees.

5. Applicable Law. California law shall govern the interpretation and enforcement of this AGREEMENT.
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6. Jurisdiction and 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 San Bernardino Superior Court. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

7. Representations and Warranties. The PARTIES, and each of them, represent and warrant to the other PARTY that each PARTY has the full power and authority to execute this AGREEMENT and to perform its obligations and requirements set forth in this AGREEMENT.

8. Neutral Interpretation and Construction. This AGREEMENT is deemed to have been prepared by each of the PARTIES hereto, and any uncertainty and ambiguity herein shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California.

9. Headings and Titles. The headings, subheadings and numbering of the different paragraphs of this AGREEMENT are inserted for convenience and for reference only and shall not be considered for any purpose in construing this AGREEMENT.

10. Entire Agreement and Inte rag tion. This AGREEMENT contains the entire AGREEMENT and understanding among the PARTIES hereto, and constitutes a single integrated written contract expressing the entire AGREEMENT of the PARTIES hereto relative to the subject matter hereof. No covenants, agreements, representations, or warranties of any kind whatsoever have been made by any PARTY hereto, except as specifically set forth in this AGREEMENT. This AGREEMENT supersedes all prior agreements and understandings relating to its subject matter. Each of the PARTIES represents that it is not relying, and has not relied, on any representation or statement made by any other PARTY with respect to the facts involved in this AGREEMENT or regarding its rights or asserted rights with respect thereto.

11. Severability. If any provision of this AGREEMENT shall be adjudged to be invalid, void or illegal, it shall in no way affect, impair or invalidate any other provision(s) hereof, the PARTIES hereby agreeing that they would have entered into the remaining portion of this AGREEMENT notwithstanding the omission of the portion or portions adjudged invalid, void or illegal.

12. E-mail Signatures and Counterparts. The PARTIES agree that this AGREEMENT will be considered signed by a PARTY when the signature of that PARTY is delivered by facsimile transmission and/or email. Such signature shall be treated in all respects as having the same effect as an original. This AGREEMENT may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument.
12/09/2024 City Council Agenda 12 142

CITY of Yucaipa
The PARTIES have executed this AGREEMENT on the latest of the dates set forth below.

ATTEST:

CITY CLERK
IN
APPROVED AS TO FORM:

CITY ATTORNEY
LON
CITY OF YUCAIPA, a California municipal
corporation
Chris Mann, City Manager Date
YVALL, a California non-profit public benefit
corporation
Matt Hardison Date
12/09/2024 City Council Agenda 13 143

ATTACHMENT 2
12/09/2024 City Council Agenda 144

FACILITY USE AGREEMENT BETWEEN THE CITY OF YUCAIPA AND

YUCAIPA VALLEY NATIONAL LITTLE LEAGUE FOR THE USE OF

THE CITY OF YUCAIPA AND YUCAIPA-CALIMESA JOINT UNIFIED

SCHOOL DISTRICT FACILITIES
This Facility Use Agreement ("AGREEMENT") by and between Yucaipa Valley National Little League (YVNLL) a California non-profit public benefit corporation, and the CITY OF YUCAIPA ("CITY"), a municipal corporation, is entered into as of December 9, 2024, with reference to the following facts:

RECITALS
A. YVNLL runs a youth baseball program for residents of the CITY and surrounding communities.

D. YVNLL desires to use the FACILITIES for a youth baseball program hereinafter referred to as "PROGRAM."
E. The CITY is willing to allow YVNLL to use the FACILITIES for its PROGRAM, subject to YVNLL's compliance with the terms of this AGREEMENT, and all other applicable CITY ordinances, rules and regulations, policies, federal, and state laws.

F. YVNLL use of any YCJUSD FACILITIES for its PROGRAM is contingent upon YCJUSD's approval of such use and YVNLL's compliance with the terms of this AGREEMENT and all other applicable YCJUSD rules, regulations, policies, federal, and state laws.

G. The CITY and YVNLL may be hereinafter referred to individually as a PARTY and collectively as the PARTIES.

NOW, THEREFORE, for good and adequate consideration, the sufficiency of which is hereby acknowledged, the PARTIES hereby mutually agreed as follows:
12/09/2024 City Council Agenda 145

CITY of Yucaipa
Section I. Term, Effective Date and Expiration Date.

This AGREEMENT shall commence on JANUARY 1, 2025 (EFFECTIVE DATE), and expire on DECEMBER 31, 2026 (EXPIRATION DATE), unless sooner terminated in accordance with the terms of this AGREEMENT.

Section II. YCJUSD Approval for Use of YCJUSD FACILITIES.

YVNLL's use of YCJUSD FACILITIES shall be subject to the following requirements:

1. Following the EFFECTIVE DATE, YVNLL may submit applications to YCJUSD for YVNLL's use of FACILITIES for its PROGRAM.

2. This AGREEMENT does not constitute approval by the CITY of YVNLL's use of any YCJUSD FACILITIES. YCJUSD shall be responsible for and have final approval authority over any facility use request submitted to the YCJUSD.

3. YVNLL shall be solely responsible for complying with all requirements imposed by YCJUSD, including but expressly not limited to, submitting all information and documentation required by YCJUSD and complying with any other YCJUSD requirements. All such requirements shall be in addition to the requirements of this AGREEMENT.

4. YCJUSD allocates use of FACILITIES on a fiscal year calendar. To be considered for priority use of YCJUSD FACILITIES applications should be submitted to YCJUSD between June I" and June 30th for the upcoming fiscal year calendar. Applications submitted after June 30th will not be considered priority use and will be subject to availability. YVNLL acknowledges that any application it submits to YCJUSD for its PROGRAM will be subject to all these requirements in addition to all other YCJUSD requirements.

Section III. FACILITIES Fees and Charges.

During the term of this AGREEMENT, YVNLL shall pay for the use of CITY FACILITIES as follows:
a. City of Yucaipa Athletic Fields - $5.00 per hour per field b. Lights - $10.00 per hour
c. Deposit - $500.00 refundable

2. All fees and charges imposed under this AGREEMENT shall be subject to any annual or other periodic increase or change in such fees adopted by the CITY Council. 12/09/2024 City Council Agenda 2 146

CITY of Yucaipa

3. The CITY shall invoice YVNLL by the fifth day of each calendar month for costs incurred during the prior month. YVNLL shall process and pay in full all costs to the CITY within 30 days of receipt of invoice. All payments shall be made by cash, credit card, or check payable to the CITY OF YUCAIPA.

4. Use of any other CITY facility shall be subject to the CITY's standard fees and charges in effect, including a 50% discount on other CITY FACILITIES.

Section IV. PARTY Representatives.

The CITY's representative for this AGREEMENT is Megan Wolfe, Director of Community Services, or her written designee. YVNLL's representative for this AGREEMENT is Kris Cranfill or their written designee. Either PARTY may change its respective representative, by written notice to the other PARTY served in accordance with Section XIII of this AGREEMENT.

Section V. Non -Profit Status.

Prior to the EFFECTIVE DATE, YVNLL shall provide the CITY with the following documentation that confirms YVNLL compliance with 501(c)(3) non-profit status:

A copy of State of California not -for -profit incorporation papers or tax-exempt IRS letter showing proof of current 501(c)(3) non-profit status; and A roster of officers, including names, titles, addresses, e-mail addresses, and phone numbers. At all times during the term of this AGREEMENT, YVNLL shall maintain its 501(c)(3) non-profit status in good standing (Exhibit Q.

Section VI. YVNLL Obligations during PROGRAM.

During the term of this AGREEMENT:

1. YVNLL shall comply with the terms of this AGREEMENT and all other applicable rules, regulations, and policies of the CITY, YCJUSD, federal, and state laws, when using the FACILITIES.

2. YVNLL shall designate and utilize one representative, and one alternate representative authorized to act on YVNLL's behalf with respect to all PROGRAM concerns and/or issues that may arise at the FACILITIES.

YVNLL shall conduct background checks on all volunteers, pursuant to California Penal Code Section 11105.3, as amended from time to time, and to provide written notice of its criminal background check policy to the parents or guardian of any youth participating in 12/09/2024 City Council Agenda 3 147

CITY of Yucaipa
the program, pursuant to California Business & Professions Code Section 18900, as amended from time to time.

4. YVNLL shall be responsible for the conduct of all YVNLL board members, officers, employees, agents, designated volunteers, players, coaches, referees, visiting teams, and spectators ("PARTICIPANTS"), participating in or attending any PROGRAM at the FACILITIES, other than any CITY official or employee.

5. YVNLL and its PARTICIPANTS, participating in or attending the PROGRAM shall adhere to and comply with all FACILITY rules and regulations during the PROGRAM and shall adhere to and comply with the code of conduct for the principles of sportsmanship, fair play, and other ethical issues that relate to team sports. YVNLL shall submit a copy of the Parent, Coach, Volunteer Codes of Conduct and Player's Pledge prior to the commencement of the season and/or practices.

6. Use of the CITY FACILITIES shall be subject to the following order of priority:
• First Priority: CITY programs and activities
• Second Priority: YVNLL in accordance with CITY's scheduling methodology
Third Priority: YCJUSD and other organization's programs and activities, in accordance with CITY's scheduling methodology a. The YVNLL's PROGRAM shall always remain subject to the review and approval, by mutual agreement, of all PARTIES involved.

7. The CITY will provide marketing support to the YVNLL for the purpose of marketing the PROGRAM, at locations and on social media platforms approved by CITY.

YVNLL shall in good faith and with reasonable diligence, develop and offer programs that reflect community needs. During the term of this AGREEMENT, YVNLL shall make reasonable efforts to provide a PROGRAM participation rate of at least 5 1 % of Yucaipa residents and shall encourage residents to be involved in all aspects of the PROGRAM through local media and the CITY's Community Services Department resources.

9. Postponement or cancellation of use shall be reported immediately by YVNLL to the CITY's representative. Cancellation of weeknight usage is required at least 48 hours in advance. Cancellation of weekend usage must take place at least 96 hours in advance. In the case of inclement weather or FACILITY closures YVNLL will not be charged for use.

10. YVNLL shall be allowed to place signs, banners, or displays at/on the FACILITIES with the CITY's consent. Any such signs, banners, or displays must be in compliance with all 12/09/2024 City Council Agenda 4 148

CITY of Yucaipa
ordinances, rules, and regulations of the CITY and/or YCJUSD. YVNLL shall remove all such signs, banners, or displays promptly at the conclusion of the PROGRAM unless otherwise authorized by the CITY and/or YCJUSD.

11. YVNLL shall check for any possible unsafe conditions at the FACILITIES daily, prior to use. Any unsafe conditions shall be immediately reported to the CITY Public Works Manager at (909) 649-9581. YVNLL shall be responsible for making sure that none of its PARTICIPANTS access any of the FACILITIES at which YVNLL has determined there is an unsafe condition.

12. YVNLL shall be responsible for all damages incurred to the FACILITIES at any time the PROGRAM is occurring.

13. YVNLL shall make no alterations, additions, or improvements to FACILITIES without the CITY/YCJUSD prior written consent. The CITY shall not unreasonably withhold such consent for non-structural work only. Failure to comply will result in the loss of YVNLL's deposit. All alterations, improvements, or additions, which are made to the FACILITIES by YVNLL shall become the property of the CITY/YCJUSD and shall remain upon and be surrendered with the premises at the EXPIRATION DATE. Upon expiration of this AGREEMENT, or earlier termination thereof, the FACILITIES (and any alterations or additions thereto) shall be free, clear and unencumbered, and YVNLL shall defend and indemnify the CITY/YCJUSD against any future claims arising in connection with any encumbrance placed upon or allowed to be placed upon the FACILITIES by YVNLL.

Notwithstanding the above, this paragraph shall not apply to YVNLL's trade fixtures, furniture, equipment, or other machinery, which are not affixed to the FACILITIES in a manner, so that they cannot be removed without material or structural damage to the FACILITIES, which shall remain the property of YVNLL and may be removed by YVNLL on or before the EXPIRATION DATE of this AGREEMENT.

Section VII. Independent Contractor Status.

1. In the performance of this AGREEMENT, YVNLL is and shall always remain as to the CITY an independent contractor. As an independent contractor, YVNLL and its PARTICIPANTS, are not employees of the CITY, and are not members of the personnel systems of the CITY. As such, YVNLL and its PARTICIPANTS shall not have any rights or benefits of an employee under
a. any personnel, employment, or other ordinances, codes, regulations, resolutions, policies, or rules of the CITY relating to employees, or (ii) any Memorandum of Understanding between the CITY and any of the CITY's bargaining units.
12/09/2024 City Council Agenda 5 149

CITY of Yucaipa
This section does not preclude any CITY employee from volunteering on their personal time to serve in the capacity of a volunteer referee, coach, or board member.

2. At no time during this AGREEMENT shall YVNLL, or any of its PARTICIPANTS represent orally or in writing that YVNLL is a CITY program or activity, or that any PARTICIPANT or any of YVNLL's board members, officers, employees, agents, or volunteers are employees of the CITY. At no time during the term of this AGREEMENT shall YVNLL or any of YVNLL PARTICIPANTS wear any uniform or display or carry any badge, button, or identification that identifies them as employees of the CITY.

Section VIII. Use of CITY Logo or Name.

YVNLL shall not use the CITY's logo/seal without the prior written consent of the CITY.

Section IX. No Assignment.

1. YVNLL shall not assign or transfer this AGREEMENT, in whole or in part, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

2. YVNLL shall not lease, sublease, assign, license, or transfer any portion of the FACILITIES, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

Section X. CITY Services.

During the term of this AGREEMENT, the CITY will provide the following services:

1. The CITY shall provide workers' compensation insurance or self-insurance for any work or services performed by its employees, to the extent required by law.

Section XI. Insurance Requirements.

1. YVNLL shall provide and maintain insurance, acceptable to 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 AGREEMENT by YVNLL, its agents, representatives or employees. Insurance is to be 12/09/2024 City Council Agenda 6 150

CITY of Yucaipa
placed with insurers with a current A.M. Best's rating of no less than A: VII. YVNLL shall provide the following scope and limits of insurance:
a. MINIMUM SCOPE OF INSURANCE. YVNLL shall maintain the following types and limits of insurance.
b. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

AUTOMOBILE LIABILITY INSURANCE. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if YVNLL has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

If the YVNLL maintains broader coverage and/or higher limits than the minimums shown above, CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by the YVNLL. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

2. OTHER PROVISIONS. The insurance policies are to contain, or be endorsed to contain, the following provisions:

CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the YVNLL including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the YVNLL's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage For any claims related to this contract, the YVNLL's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by 12/09/2024 City Council Agenda 7 151

[aIVd
CITY, its officers, officials, employees, or volunteers shall be in excess of the YVNLL's insurance and shall not contribute with it.

Notice of Cancellation YVNLL shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, YVNLL shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation YVNLL hereby grants to CITY a waiver of any right to subrogation which any insurer of said YVNLL may acquire against CITY by virtue of the payment of any loss under such insurance. YVNLL agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by the Contractor, its employees, agents, and subcontractors.

Self -Insured Retentions Self -insured retentions must be declared to and approved by CITY. CITY may require the YVNLL to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or CITY.

Verification of Coverage YVNLL shall furnish CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the YVNLL's obligation to provide them. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors YVNLL shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that CITY is an additional insured on insurance required from subcontractors.

CITY of Yucaipa
Section XII. Indemnification.

1. To the fullest extent permitted by law, YVNLL shall indemnify, protect, defend (with legal counsel reasonably selected by CITY) and hold harmless CITY and any and all of its elected and appointed officials, officers, employees, independent contractors, 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 YVNLL or sub YVNLL's), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert YVNLL's or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by YVNLL, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. YVNLL'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.

2. YVNLL agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from every sub YVNLL, subcontractor or any other person or entity involved by, for, with or on behalf of YVNLL in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event YVNLL fails to obtain such indemnity obligations from others as required here, YVNLL 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 YVNLL and shall survive the termination of this Agreement and this section.

Section XIII. Notice.

Any notice to be given or other document to be delivered by either PARTY to the other hereunder may be delivered in person to either PARTY, or may be deposited in the United States mail, in the State of California, duly certified, with postage fully prepaid and addressed to the PARTY for whom intended as follows:
12/09/2024 City Council Agenda 9 153

CITY of
TO CITY. CITY OF YUCAIPA
Megan Wolfe, Director of Community Services
34272 Yucaipa Blvd.

Yucaipa, CA 92399
(909) 797-2489 ext. 241
[email protected]
TO YVNLL: Yucaipa Valley National Little League
Either PARTY hereto may, from time to time, by written notice to the other PARTY, designate a different representative or address which shall be substituted for the one above specified. If any notice or other document is sent by certified mail, as aforesaid, the same shall be deemed served or delivered on the third business day after the mailing thereof, as provided above.

Section XIV. Termination of Agreement.

Termination by the CITY. Should the CITY, at any time, become dissatisfied with YVNLUs performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to YVNLL pursuant to Section XIII.

2. Termination by YVNLL. Should YVNLL, at any time, become dissatisfied with the CITY's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to the CITY pursuant to Section XIII.

Section XV. Surrender of Facilities.

Upon the EXPIRATION DATE, or any sooner termination pursuant to notice given in accordance with Section XIV, YVNLL shall surrender and vacate the FACILITIES, and shall cause all its PARTICIPANTS in any game or other event or activity of the PROGRAM, to leave such FACILITIES following activity taking place. YVNLL shall leave the FACILITIES in good condition, ordinary wear and tear excepted. Concurrently therewith, YVNLL shall remove all non - fixed equipment and other personal property of YVNLL from the FACILITIES.

Section XVI. Non -Discrimination.

YVNLL shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision -making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. YVNLL shall comply with 12/09/2024 City Council Agenda 10 154

CITY of Yucaipa
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. YVNLL shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

Section XVII. No Joint Venture or Agency Relationship.

Nothing herein contained shall be construed to place the PARTIES to this AGREEMENT in the relationship of a joint venture, association, partnership, or other form of a business organization or agency relationship. YVNLL shall have no power to obligate or bind the CITY in any manner whatsoever. Further, under no circumstances shall YVNLL represent itself to be an agent of the CITY or any of its departments, officials, officers, or employees. Nothing in this AGREEMENT may be construed to have authorized or vested in YVNLL the power to be an agent of the CITY or an actor under the color of law, be it civilly or criminally.

Section XVIII. General Provisions.

1. Amendment or Modifications. This AGREEMENT may only be amended or modified only by an agreement in writing executed by all of the PARTIES to this AGREEMENT.

Binding Agreement. It is mutually understood and agreed that this AGREEMENT shall be binding upon the CITY and its successors and assigns, and upon YVNLL its partners, successors, executors, administrators, and assigns.

4. Attorney's Fees. In the event of any action between CITY and YVNLL seeking enforcement of any of the terms and conditions of this AGREEMENT, the prevailing PARTY in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonable attorney's fees.

Applicable Law. California law shall govern the interpretation and enforcement of this AGREEMENT.

CITY of Yucaipa
Court. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

10. Entire Agreement and Integration. This AGREEMENT contains the entire AGREEMENT and understanding among the PARTIES hereto, and constitutes a single integrated written contract expressing the entire AGREEMENT of the PARTIES hereto relative to the subject matter hereof. No covenants, agreements, representations, or warranties of any kind whatsoever have been made by any PARTY hereto, except as specifically set forth in this AGREEMENT. This AGREEMENT supersedes all prior agreements and understandings relating to its subject matter. Each of the PARTIES represents that it is not relying, and has not relied, on any representation or statement made by any other PARTY with respect to the facts involved in this AGREEMENT or regarding its rights or asserted rights with respect thereto.

CITY of Yucaipa
The PARTIES have executed this AGREEMENT on the latest of the dates set forth below.

ATTEST:

CITY CLERK
R-A
APPROVED AS TO FORM:

CITY ATTORNEY
IN
CITY OF YUCAIPA, a California municipal
corporation
Chris Mann, City Manager Date
YVNLL, a California non-profit public benefit
corporation
Kris Cranfill Date
12/09/2024 City Council Agenda 13 157

ATTACHMENT 3
12/09/2024 City Council Agenda 158

FACILITY USE AGREEMENT BETWEEN THE CITY OF YUCAIPA AND

YUCAIPA CALIMESA GIRLS SOFTBALL FOR THE USE OF THE CITY

OF YUCAIPA AND YUCAIPA-CALIMESA JOINT UNIFIED SCHOOL

DISTRICT FACILITIES
This Facility Use Agreement ("AGREEMENT") by and between Yucaipa Calimesa Girls Softball (YCGS) a California non-profit public benefit corporation, and the CITY OF YUCAIPA ("CITY"), a municipal corporation, is entered into as of December 9, 2024, with reference to the following facts:

RECITALS
A. YCGS runs a youth softball program for residents of the CITY and surrounding communities.

B. All CITY and YCJUSD facilities will collectively be referred to hereinafter as "FACILITIES.". For the purposes of this Agreement, CITY and Consultant are sometimes hereinafter referred to as "PARTY" and hereinafter collectively referred to as the "PARTIES."
C. The CITY and the YCJUSD are parties to a separate Joint Use Agreement for the operation of youth athletic programs and activities at certain locations, including the FACILITIES.

D. YCGS desires to use the FACILITIES for a youth softball program hereinafter referred to as "PROGRAM."
E. The CITY is willing to allow YCGS to use the FACILITIES for its PROGRAM, subject to YCGS's compliance with the terms of this AGREEMENT, and all other applicable CITY ordinances, rules and regulations, policies, federal, and state laws.

F. YCGS use of any YCJUSD FACILITIES for its PROGRAM is contingent upon YCJUSD's approval of such use and YCGS's compliance with the terms of this AGREEMENT and all other applicable YCJUSD rules, regulations, policies, federal, and state laws.

NOW, THEREFORE, for good and adequate consideration, the sufficiency of which is hereby acknowledged, the PARTIES hereby mutually agreed as follows:
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Section I. Term, Effective Date and Expiration Date.

This AGREEMENT shall commence on JANUARY 1, 2025 (EFFECTIVE DATE), and expire on DECEMBER 31, 2026 (EXPIRATION DATE), unless sooner terminated in accordance with the terms of this AGREEMENT.

Section II. YCJUSD Approval for Use of YCJUSD FACILITIES.

YCGS's use of YCJUSD FACILITIES shall be subject to the following requirements:

1. Following the EFFECTIVE DATE, YCGS may submit applications to YCJUSD for YCGS's use of FACILITIES for its PROGRAM.

2. This AGREEMENT does not constitute approval by the CITY of YCGS's use of any YCJUSD FACILITIES. YCJUSD shall be responsible for and have final approval authority over any facility use request submitted to the YCJUSD.

3. YCGS shall be solely responsible for complying with all requirements imposed by YCJUSD, including but expressly not limited to, submitting all information and documentation required by YCJUSD and complying with any other YCJUSD requirements. All such requirements shall be in addition to the requirements of this AGREEMENT.

4. YCJUSD allocates use of FACILITIES on a fiscal year calendar. To be considered for priority use of YCJUSD FACILITIES applications should be submitted to YCJUSD between June 1" and June 30th for the upcoming fiscal year calendar. Applications submitted after June 301h will not be considered priority use and will be subject to availability. YCGS acknowledges that any application it submits to YCJUSD for its PROGRAM will be subject to all these requirements in addition to all other YCJUSD requirements.

Section III. FACILITIES Fees and Charges.

1. During the term of this AGREEMENT, YCGS shall pay for the use of CITY FACILITIES as follows:
a. City of Yucaipa Athletic Fields - $5.00 per hour per field b. Lights - $10.00 per hour
c. Deposit - $500.00 refundable

2. All fees and charges imposed under this AGREEMENT shall be subject to any annual or other periodic increase or change in such fees adopted by the CITY Council. 12/09/2024 City Council Agenda 2 160

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3. The CITY shall invoice YCGS by the fifth day of each calendar month for costs incurred during the prior month. YCGS shall process and pay in full all costs to the CITY within 30 days of receipt of invoice. All payments shall be made by cash, credit card, or check payable to the CITY OF YUCAIPA.

4. Use of any other CITY facility shall be subject to the CITY's standard fees and charges in effect, including a 50% discount on other CITY FACILITIES.

Section IV. PARTY Representatives.

The CITY's representative for this AGREEMENT is Megan Wolfe, Director of Community Services, or her written designee. YCGS's representative for this AGREEMENT is Jeffrey Lozano or their written designee. Either PARTY may change its respective representative, by written notice to the other PARTY served in accordance with Section XIII of this AGREEMENT.

Section V. Non -Profit Status.

Prior to the EFFECTIVE DATE, YCGS shall provide the CITY with the following documentation that confirms YCGS compliance with 501(c)(3) non-profit status:

A copy of State of California not -for -profit incorporation papers or tax-exempt IRS letter showing proof of current 501(c)(3) non-profit status; and A roster of officers, including names, titles, addresses, e-mail addresses, and phone numbers. At all times during the term of this AGREEMENT, YCGS shall maintain its 501(c)(3) non-profit status in good standing (Exhibit Q.

Section VI. YCGS Obligations during PROGRAM.

During the term of this AGREEMENT:

1. YCGS shall comply with the terms of this AGREEMENT and all other applicable rules, regulations, and policies of the CITY, YCJUSD, federal, and state laws, when using the FACILITIES.

2. YCGS shall designate and utilize one representative, and one alternate representative authorized to act on YCGS's behalf with respect to all PROGRAM concerns and/or issues that may arise at the FACILITIES.

YCGS shall conduct background checks on all volunteers, pursuant to California Penal Code Section 11105.3, as amended from time to time, and to provide written notice of its criminal background check policy to the parents or guardian of any youth participating in 12/09/2024 City Council Agenda 161

_CITY of Yucaipa
the program, pursuant to California Business & Professions Code Section 18900, as amended from time to time.

4. YCGS shall be responsible for the conduct of all YCGS board members, officers, employees, agents, designated volunteers, players, coaches, referees, visiting teams, and spectators "PARTICIPANTS", participating in or attending any PROGRAM at the FACILITIES, other than any CITY official or employee.

YCGS and its PARTICIPANTS, participating in or attending the PROGRAM shall adhere to and comply with all FACILITY rules and regulations during the PROGRAM and shall adhere to and comply with the code of conduct for the principles of sportsmanship, fair play, and other ethical issues that relate to team sports. YCGS shall submit a copy of the Parent, Coach, Volunteer Codes of Conduct and Player's Pledge prior to the commencement of the season and/or practices.

6. Use of the CITY FACILITIES shall be subject to the following order of priority:
• First Priority: CITY programs and activities
Second Priority: YCGS in accordance with CITY's scheduling methodology
• Third Priority: YCJUSD and other organization's programs and activities, in accordance with CITY's scheduling methodology a. The YCGS's PROGRAM shall always remain subject to the review and approval, by mutual agreement, of all PARTIES involved.

7. The CITY will provide marketing support to the YCGS for the purpose of marketing the PROGRAM, at locations and on social media platforms approved by CITY.

YCGS shall in good faith and with reasonable diligence, develop and offer programs that reflect community needs. During the term of this AGREEMENT, YCGS shall make reasonable efforts to provide a PROGRAM participation rate of at least 51 % of Yucaipa residents and shall encourage residents to be involved in all aspects of the PROGRAM through local media and the CITY's Community Services Department resources.

Postponement or cancellation of use shall be reported immediately by YCGS to the CITY's representative. Cancellation of weeknight usage is required at least 48 hours in advance. Cancellation of weekend usage must take place at least 96 hours in advance. In the case of inclement weather or FACILITY closures YCGS will not be charged for use.

10. YCGS shall be allowed to place signs, banners, or displays at/on the FACILITIES with the CITY's consent. Any such signs, banners, or displays must be in compliance with all 12/09/2024 City Council Agenda 4 162

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ordinances, rules, and regulations of the CITY and/or YCJUSD. YCGS shall remove all such signs, banners, or displays promptly at the conclusion of the PROGRAM unless otherwise authorized by the CITY and/or YCJUSD.

11. YCGS shall check for any possible unsafe conditions at the FACILITIES daily, prior to use. Any unsafe conditions shall be immediately reported to the CITY Public Works Manager at (909) 649-9581. YCGS shall be responsible for making sure that none of its PARTICIPANTS access any of the FACILITIES at which YCGS has determined there is an unsafe condition.

12. YCGS shall be responsible for all damages incurred to the FACILITIES at any time the PROGRAM is occurring.

13. YCGS shall make no alterations, additions, or improvements to FACILITIES without the CITY/YCJUSD prior written consent. The CITY shall not unreasonably withhold such consent for non-structural work only. If YCGS does not adhere to request it will result in loss of deposit. All alterations, improvements, or additions, which are made to the FACILITIES by YCGS shall become the property of the CITY/YCJUSD and shall remain upon and be surrendered with the premises at the EXPIRATION DATE. Upon expiration of this AGREEMENT, or earlier termination thereof, the FACILITIES (and any alterations or additions thereto) shall be free, clear and unencumbered, and YCGS shall defend and indemnify the CITY/YCJUSD against any future claims arising in connection with any encumbrance placed upon or allowed to be placed upon the FACILITIES by YCGS.

Notwithstanding the above, this paragraph shall not apply to YCGS's trade fixtures, furniture, equipment, or other machinery, which are not affixed to the FACILITIES in a manner, so that they cannot be removed without material or structural damage to the FACILITIES, which shall remain the property of YCGS and may be removed by YCGS on or before the EXPIRATION DATE of this AGREEMENT.

Section VII. Independent Contractor Status.

In the performance of this AGREEMENT, YCGS is and shall always remain as to the CITY an independent contractor. As an independent contractor, YCGS and its PARTICIPANTS, are not employees of the CITY, and are not members of the personnel systems of the CITY. As such, YCGS and its PARTICIPANTS shall not have any rights or benefits of an employee under
a. any personnel, employment, or other ordinances, codes, regulations, resolutions, policies, or rules of the CITY relating to employees, or (ii) any Memorandum of Understanding between the CITY and any of the CITY's bargaining units.
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This section does not preclude any CITY employee from volunteering on their personal time to serve in the capacity of a volunteer referee, coach, or board member.

2. At no time during this AGREEMENT shall YCGS, or any of its PARTICIPANTS represent orally or in writing that YCGS is a CITY program or activity, or that any PARTICIPANT or any of YCGS's board members, officers, employees, agents, or volunteers are employees of the CITY. At no time during the term of this AGREEMENT shall YCGS or any of YCGS PARTICIPANTS wear any uniform or display or carry any badge, button, or identification that identifies them as employees of the CITY.

Section VIII. Use of CITY Logo or Name.

YCGS shall not use the CITY's logo/seal without the prior written consent of the CITY.

Section IX. No Assignment.

1. YCGS shall not assign or transfer this AGREEMENT, in whole or in part, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

2. YCGS shall not lease, sublease, assign, license, or transfer any portion of the FACILITIES, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

Section X. CITY Services.

During the term of this AGREEMENT, the CITY will provide the following services:

1. The CITY shall provide workers' compensation insurance or self-insurance for any work or services performed by its employees, to the extent required by law.

Section XI. Insurance Requirements.

1. YCGS shall provide and maintain insurance, acceptable to 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 12/09/2024 City Council Agenda 6 164

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AGREEMENT by YCGS, 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. YCGS shall provide the following scope and limits of insurance:
a. MINIMUM SCOPE OF INSURANCE. YCGS shall maintain the following types and limits of insurance.
b. MINIMUM LIMITS OF INSURANCE.

AUTOMOBILE LIABILITY INSURANCE. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if YCGS has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

If the YCGS maintains broader coverage and/or higher limits than the minimums shown above, CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by the YCGS. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

2. OTHER PROVISIONS. The insurance policies are to contain, or be endorsed to contain, the following provisions:

CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the YCGS including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the YCGS's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage For any claims related to this contract, the YCGS's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by 12/09/2024 City Council Agenda 7 165

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CITY, its officers, officials, employees, or volunteers shall be in excess of the YCGS's insurance and shall not contribute with it.

Notice of Cancellation YCGS shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, YCGS shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation YCGS hereby grants to CITY a waiver of any right to subrogation which any insurer of said YCGS may acquire against CITY by virtue of the payment of any loss under such insurance. YCGS agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by the Contractor, its employees, agents, and subcontractors.

Self -Insured Retentions Self -insured retentions must be declared to and approved by CITY. CITY may require the YCGS to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or CITY.

Verification of Coverage YCGS shall furnish CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the YCGS's obligation to provide them. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors YCGS shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that CITY is an additional insured on insurance required from subcontractors.

Section XII. Indemnification.
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1. To the fullest extent permitted by law, YCGS shall indemnify, protect, defend (with legal counsel reasonably selected by CITY) and hold harmless CITY and any and all of its elected and appointed officials, officers, employees, independent contractors, 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 YCGS or sub YCGS's), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert YCGS's or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by YCGS, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. YCGS'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.

2. YCGS agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from every sub YCGS, subcontractor or any other person or entity involved by, for, with or on behalf of YCGS in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event YCGS fails to obtain such indemnity obligations from others as required here, YCGS 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 YCGS and shall survive the termination of this Agreement and this section.

Section XIII. Notice.

TO CITY: CITY OF YUCAIPA
Megan Wolfe, Director of Community Services
34272 Yucaipa Blvd.

Yucaipa, CA 92399
(909) 797-2489 ext. 241
[email protected]
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TO YCGS: Yucaipa Calimesa Girls Softball
PO BOX 142
Yucaipa, CA 92399
Either PARTY hereto may, from time to time, by written notice to the other PARTY, designate a different representative or address which shall be substituted for the one above specified. If any notice or other document is sent by certified mail, as aforesaid, the same shall be deemed served or delivered on the third business day after the mailing thereof, as provided above.

Section XIV. Termination of Agreement.

1. Termination by the CITY. Should the CITY, at any time, become dissatisfied with YCGS's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to YCGS pursuant to Section XIII.

2. Termination by YCGS. Should YCGS, at any time, become dissatisfied with the CITY's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to the CITY pursuant to Section XIII.

Section XV. Surrender of Facilities.

Upon the EXPIRATION DATE, or any sooner termination pursuant to notice given in accordance with Section XIV, YCGS shall surrender and vacate the FACILITIES, and shall cause all its PARTICIPANTS in any game or other event or activity of the PROGRAM, to leave such FACILITIES following activity taking place. YCGS shall leave the FACILITIES in good condition, ordinary wear and tear excepted. Concurrently therewith, YCGS shall remove all non - fixed equipment and other personal property of YCGS from the FACILITIES.

Section XVI. Non -Discrimination.

YCGS shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision -making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. YCGS 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. YCGS shall include the non- discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
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Section XVII. No Joint Venture or Agency Relationship.

Nothing herein contained shall be construed to place the PARTIES to this AGREEMENT in the relationship of a joint venture, association, partnership, or other form of a business organization or agency relationship. YCGS shall have no power to obligate or bind the CITY in any manner whatsoever. Further, under no circumstances shall YCGS represent itself to be an agent of the CITY or any of its departments, officials, officers, or employees. Nothing in this AGREEMENT may be construed to have authorized or vested in YCGS the power to be an agent of the CITY or an actor under the color of law, be it civilly or criminally.

Section XVIII. General Provisions.

Amendment or Modifications. This AGREEMENT may only be amended or modified only by an agreement in writing executed by all of the PARTIES to this AGREEMENT.

Binding Agreement. It is mutually understood and agreed that this AGREEMENT shall be binding upon the CITY and its successors and assigns, and upon YCGS its partners, successors, executors, administrators, and assigns.

4. Attorney's Fees. In the event of any action between CITY and YCGS seeking enforcement of any of the terms and conditions of this AGREEMENT, the prevailing PARTY in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonable attorney's fees.

5. Applicable Law. California law shall govern the interpretation and enforcement of this AGREEMENT.

CITY of Yucaipa

CITY of Yu
The PARTIES have executed this AGREEMENT on the latest of the dates set forth below.

ATTEST:

CITY CLERK
am
APPROVED AS TO FORM:

CITY ATTORNEY
CITY OF YUCAIPA, a California municipal
corporation
Chris Mann, City Manager Date
YCGS, a California non-profit public benefit
corporation
Jeffrey Lozano Date
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ATTACHMENT 4
12/09/2024 City Council Agenda 172

FACILITY USE AGREEMENT BETWEEN THE CITY OF YUCAIPA AND

YUCAIPA YOUTH BASKETBALL FOR THE USE OF THE CITY OF

YUCAIPA AND YUCAIPA-CALIMESA JOINT UNIFIED SCHOOL

DISTRICT FACILITIES
This Facility Use Agreement ("AGREEMENT") by and between Yucaipa Youth Basketball (YYB) a California non-profit public benefit corporation, and the CITY OF YUCAIPA ("CITY"), a municipal corporation, is entered into as of December 9, 2024, with reference to the following facts:

RECITALS
A. YYB runs a youth basketball program for residents of the CITY and surrounding communities.

D. YYB desires to use the FACILITIES for a youth basketball program hereinafter referred to as "PROGRAM."
E. The CITY is willing to allow YYB to use the FACILITIES for its PROGRAM, subject to YYB's compliance with the terms of this AGREEMENT, and all other applicable CITY ordinances, rules and regulations, policies, federal, and state laws.

F. YYB use of any YCJUSD FACILITIES for its PROGRAM is contingent upon YCJUSD's approval of such use and YYB's compliance with the terms of this AGREEMENT and all other applicable YCJUSD rules, regulations, policies, federal, and state laws.

NOW, THEREFORE, for good and adequate consideration, the sufficiency of which is hereby acknowledged, the PARTIES hereby mutually agreed as follows:
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Section I. Term, Effective Date and Expiration Date.

This AGREEMENT shall commence on JANUARY 1, 2025 (EFFECTIVE DATE), and expire on DECEMBER 31, 2026 (EXPIRATION DATE), unless sooner terminated in accordance with the terms of this AGREEMENT.

Section II. YCJUSD Approval for Use of YCJUSD FACILITIES.

YYB's use of YCJUSD FACILITIES shall be subject to the following requirements:

1. Following the EFFECTIVE DATE, YYB may submit applications to YCJUSD for YYB's use of FACILITIES for its PROGRAM.

2. This AGREEMENT does not constitute approval by the CITY of YYB's use of any YCJUSD FACILITIES. YCJUSD shall be responsible for and have final approval authority over any facility use request submitted to the YCJUSD.

3. YYB shall be solely responsible for complying with all requirements imposed by YCJUSD, including but expressly not limited to, submitting all information and documentation required by YCJUSD and complying with any other YCJUSD requirements. All such requirements shall be in addition to the requirements of this AGREEMENT.

4. YCJUSD allocates use of FACILITIES on a fiscal year calendar. To be considered for priority use of YCJUSD FACILITIES applications should be submitted to YCJUSD between June 1" and June 30th for the upcoming fiscal year calendar. Applications submitted after June 30th will not be considered priority use and will be subject to availability. YYB acknowledges that any application it submits to YCJUSD for its PROGRAM will be subject to all these requirements in addition to all other YCJUSD requirements.

Section III. FACILITIES Fees and Charges.

1. During the term of this AGREEMENT, YYB shall pay for the use of CITY FACILITIES as follows:
a. City of Yucaipa Basketball Courts - $15.00 per hour per court b. YCJUSD Courts- $22.00 per hour for one CITY staff. The CITY reserves the right to change or modify the title and hourly wage of its personnel at any time, in its sole discretion and pursuant to state law.
c. Lights for outdoor courts - $10.00 per hour
d. Deposit - $500.00 refundable
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2. All fees and charges imposed under this AGREEMENT shall be subject to any annual or other periodic increase or change in such fees adopted by the CITY Council.

3. The CITY shall invoice YYB by the fifth day of each calendar month for costs incurred during the prior month. YYB shall process and pay in full all costs to the CITY within 30 days of receipt of invoice. All payments shall be made by cash, credit card, or check payable to the CITY OF YUCAIPA.

4. Use of any other CITY facility shall be subject to the CITY's standard fees and charges in effect, including a 50% discount on other CITY FACILITIES.

Section IV. PARTY Representatives.

The CITY's representative for this AGREEMENT is Megan Wolfe, Director of Community Services, or her written designee. YYB's representative for this AGREEMENT is Tyler Overstreet or their written designee. Either PARTY may change its respective representative, by written notice to the other PARTY served in accordance with Section XIII of this AGREEMENT.

Section V. Non -Profit Status.

Prior to the EFFECTIVE DATE, YYB shall provide the CITY with the following documentation that confirms YYB compliance with 501(c)(3) non-profit status:
• A copy of State of California not -for -profit incorporation papers or tax-exempt IRS letter showing proof of current 501(c)(3) non-profit status; and A roster of officers, including names, titles, addresses, e-mail addresses, and phone numbers. At all times during the term of this AGREEMENT, YYB shall maintain its 501(c)(3) non-profit status in good standing (Exhibit Q.

Section VI. YYB Obligations during PROGRAM.

During the term of this AGREEMENT:

1. YYB shall comply with the terms of this AGREEMENT and all other applicable rules, regulations, and policies of the CITY, YCJUSD, federal, and state laws, when using the FACILITIES.

2. YYB shall designate and utilize one representative, and one alternate representative authorized to act on YYB's behalf with respect to all PROGRAM concerns and/or issues that may arise at the FACILITIES.
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3. YYB shall conduct background checks on all volunteers, pursuant to California Penal Code Section 11105.3, as amended from time to time, and to provide written notice of its criminal background check policy to the parents or guardian of any youth participating in the program, pursuant to California Business & Professions Code Section 18900, as amended from time to time.

4. YYB shall be responsible for the conduct of all YYB board members, officers, employees, agents, designated volunteers, players, coaches, referees, visiting teams, and spectators ("PARTICIPANTS"), participating in or attending any PROGRAM at the FACILITIES, other than any CITY official or employee.

5. YYB and its PARTICIPANTS, participating in or attending the PROGRAM shall adhere to and comply with all FACILITY rules and regulations during the PROGRAM and shall adhere to and comply with the code of conduct for the principles of sportsmanship, fair play, and other ethical issues that relate to team sports. YYB shall submit a copy of the Parent, Coach, Volunteer Codes of Conduct and Player's Pledge prior to the commencement of the season and/or practices.

6. YYB shall provide the CITY a detailed and defined description of all PROGRAMS, a minimum of thirty (30) days in advance of the scheduled start of all PROGRAMS. YYB's request of additional dates and/or times for PROGRAM additions and/or changes shall be submitted to CITY no later than thirty (30) days in advance. This includes any post -season PROGRAM events.
a. Use of the CITY FACILITIES shall be subject to the following order of priority:
• First Priority: CITY programs and activities
Second Priority: YYB in accordance with CITY's scheduling methodology
• Third Priority: YCJUSD and other organization's programs and activities, in accordance with CITY's scheduling methodology b. The YYB's PROGRAM shall always remain subject to the review and approval, by mutual agreement, of all PARTIES involved.

7. The CITY will provide marketing support to the YYB for the purpose of marketing the PROGRAM, at locations and on social media platforms approved by CITY.

8. YYB shall in good faith and with reasonable diligence, develop and offer programs that reflect community needs. During the term of this AGREEMENT, YYB shall make 12/09/2024 City Council Agenda 4 176

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reasonable efforts to provide a PROGRAM participation rate of at least 51 % of Yucaipa residents and shall encourage residents to be involved in all aspects of the PROGRAM through local media and the CITY's Community Services Department resources.

9. Postponement or cancellation of use shall be reported immediately by YYB to the CITY's representative. Cancellation of weeknight usage is required at least 48 hours in advance.

Cancellation of weekend usage must take place at least 96 hours in advance. In the case of inclement weather or FACILITY closures YYB will not be charged for use.

10. YYB shall be allowed to place signs, banners, or displays at/on the FACILITIES with the CITY's consent. Any such signs, banners, or displays must be in compliance with all ordinances, rules, and regulations of the CITY and/or YCJUSD. YYB shall remove all such signs, banners, or displays promptly at the conclusion of the PROGRAM unless otherwise authorized by the CITY and/or YCJUSD.

11. YYB shall check for any possible unsafe conditions at the FACILITIES daily, prior to use.

Any unsafe conditions shall be immediately reported to the CITY Public Works Manager at (909) 649-9581. YYB shall be responsible for making sure that none of its PARTICIPANTS access any of the FACILITIES at which YYB has determined there is an unsafe condition.

12. YYB shall be responsible for all damages incurred to the FACILITIES at any time the PROGRAM is occurring.

13. YYB shall make no alterations, additions, or improvements to FACILITIES without the CITY/YCJUSD prior written consent. The CITY shall not unreasonably withhold such consent for non-structural work only. Failure to comply will result in the loss of deposit.

All alterations, improvements, or additions, which are made to the FACILITIES by. YYB shall become the property of the CITY/YCJUSD and shall remain upon and be surrendered with the premises at the EXPIRATION DATE. Upon expiration of this AGREEMENT, or earlier termination thereof, the FACILITIES (and any alterations or additions thereto) shall be free, clear and unencumbered, and YYB shall defend and indemnify the CITY/YCJUSD against any future claims arising in connection with any encumbrance placed upon or allowed to be placed upon the FACILITIES by YYB.

Notwithstanding the above, this paragraph shall not apply to YYB's trade fixtures, furniture, equipment, or other machinery, which are not affixed to the FACILITIES in a manner, so that they cannot be removed without material or structural damage to the FACILITIES, which shall remain the property of YYB and may be removed by YYB on or before the EXPIRATION DATE of this AGREEMENT.
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Section VII. Independent Contractor Status.

1. In the performance of this AGREEMENT, YYB is and shall always remain as to the CITY an independent contractor. As an independent contractor, YYB and its PARTICIPANTS, are not employees of the CITY, and are not members of the personnel systems of the CITY. As such, YYB and its PARTICIPANTS shall not have any rights or benefits of an employee under
a. any personnel, employment, or other ordinances, codes, regulations, resolutions, policies, or rules of the CITY relating to employees, or (ii) any Memorandum of Understanding between the CITY and any of the CITY's bargaining units.

This section does not preclude any CITY employee from volunteering on their personal time to serve in the capacity of a volunteer referee, coach, or board member.

2. At no time during this AGREEMENT shall YYB, or any of its PARTICIPANTS represent orally or in writing that YYB is a CITY program or activity, or that any PARTICIPANT or any of YYB's board members, officers, employees, agents, or volunteers are employees of the CITY. At no time during the term of this AGREEMENT shall YYB or any of YYB PARTICIPANTS wear any uniform or display or carry any badge, button, or identification that identifies them as employees of the CITY.

Section VIII. Use of CITY Logo or Name.

YYB shall not use the CITY's logo/seal without the prior written consent of the CITY.

Section IX. No Assignment.

1. YYB shall not assign or transfer this AGREEMENT, in whole or in part, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

2. YYB shall not lease, sublease, assign, license, or transfer any portion of the FACILITIES, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

Section X. CITY Services.

During the term of this AGREEMENT, the CITY will provide the following services:
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1. The CITY shall provide workers' compensation insurance or self-insurance for any work or services performed by its employees, to the extent required by law.

Section XI. Insurance Requirements.

1. YYB shall provide and maintain insurance, acceptable to 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 AGREEMENT by YYB, 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. YYB shall provide the following scope and limits of insurance:
a. MINIMUM SCOPE OF INSURANCE. YYB shall maintain the following types and limits of insurance.
b. MINIMUM LIMITS OF INSURANCE.

AUTOMOBILE LIABILITY INSURANCE. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if YYB has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

If the YYB maintains broader coverage and/or higher limits than the minimums shown above, CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by the YYB. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
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2. OTHER PROVISIONS. The insurance policies are to contain, or be endorsed to contain, the following provisions:

CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the YYB including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the YYB's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage For any claims related to this contract, the YYB's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of the YYB's insurance and shall not contribute with it.

Notice of Cancellation YYB shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, YYB shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation YYB hereby grants to CITY a waiver of any right to subrogation which any insurer of said YYB may acquire against CITY by virtue of the payment of any loss under such insurance. YYB agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by the Contractor, its employees, agents, and subcontractors.

Self -Insured Retentions Self -insured retentions must be declared to and approved by CITY. CITY may require the YYB to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or CITY.

Verification of Coverage YYB shall furnish CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the YYB's obligation 12/09/2024 City Council Agenda 8 180

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to provide them. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors YYB shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that CITY is an additional insured on insurance required from subcontractors.

Section XII. Indemnification.

1. To the fullest extent permitted by law, YYB shall indemnify, protect, defend (with legal counsel reasonably selected by CITY) and hold harmless CITY and any and all of its elected and appointed officials, officers, employees, independent contractors, 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 YYB or sub YYB's), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert YYB's or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by YYB, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. YYB'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.

2. YYB agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from every sub YYB, subcontractor or any other person or entity involved by, for, with or on behalf of YYB in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event YYB fails to obtain such indemnity obligations from others as required here, YYB 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 YYB and shall survive the termination of this Agreement and this section.
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Section XIII. Notice.

TO CITY: CITY OF YUCAIPA
Megan Wolfe, Director of Community Services
34272 Yucaipa Blvd.

Yucaipa, CA 92399
(909) 797-2489 ext. 241
[email protected]
TO YYB: Yucaipa Youth Basketball
P.O. BOX 31
Yucaipa, CA 92399
Either PARTY hereto may, from time to time, by written notice to the other PARTY, designate a different representative or address which shall be substituted for the one above specified. If any notice or other document is sent by certified mail, as aforesaid, the same shall be deemed served or delivered on the third business day after the mailing thereof, as provided above.

Section XIV. Termination of Agreement.

1. Termination by the CITY. Should the CITY, at any time, become dissatisfied with YYB's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to YYB pursuant to Section XIII.

2. Termination by YYB. Should YYB, at any time, become dissatisfied with the CITY's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to the CITY pursuant to Section XIII.

Section XV. Surrender of Facilities.

Upon the EXPIRATION DATE, or any sooner termination pursuant to notice given in accordance with Section XIV, YYB shall surrender and vacate the FACILITIES, and shall cause all its PARTICIPANTS in any game or other event or activity of the PROGRAM, to leave such FACILITIES following activity taking place. YYB shall leave the FACILITIES in good condition, ordinary wear and tear excepted. Concurrently therewith, YYB shall remove all non -fixed equipment and other personal property of YYB from the FACILITIES. 12/09/2024 City Council Agenda 10 182
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Section XVI. Non -Discrimination.

YYB shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision - making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. YYB 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. YYB shall include the non- discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

Section XVII. No Joint Venture or Agency Relationship.

Nothing herein contained shall be construed to place the PARTIES to this AGREEMENT in the relationship of a joint venture, association, partnership, or other form of a business organization or agency relationship. YYB shall have no power to obligate or bind the CITY in any manner whatsoever. Further, under no circumstances shall YYB represent itself to be an agent of the CITY or any of its departments, officials, officers, or employees. Nothing in this AGREEMENT may be construed to have authorized or vested in YYB the power to be an agent of the CITY or an actor under the color of law, be it civilly or criminally.

Section XVIII. General Provisions.

1. Amendment or Modifications. This AGREEMENT may only be amended or modified only by an agreement in writing executed by all of the PARTIES to this AGREEMENT.

3. Binding Agreement. It is mutually understood and agreed that this AGREEMENT shall be binding upon the CITY and its successors and assigns, and upon YYB its partners, successors, executors, administrators, and assigns.

4. Attorney's Fees. In the event of any action between CITY and YYB seeking enforcement of any of the terms and conditions of this AGREEMENT, the prevailing PARTY in such 12/09/2024 City Council Agenda 11 183

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action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonable attorney's fees.

5. Applicable Law. California law shall govern the interpretation and enforcement of this AGREEMENT.

CITY of

The PARTIES have executed this AGREEMENT on the latest of the dates set forth below.

ATTEST:

CITY CLERK
go
APPROVED AS TO FORM:

CITY ATTORNEY
an
CITY OF YUCAIPA, a California municipal
corporation
Chris Mann, City Manager Date
YYB, a California non-profit public benefit
corporation
Tyler Overstreet Date
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ATTACHMENT 5
12/09/2024 City Council Agenda 186

FACILITY USE AGREEMENT BETWEEN THE CITY OF YUCAIPA AND
YUCAIPA JUNIOR ALL AMERICAN FOOTBALL AND CHEER INC. FOR

THE USE OF THE CITY OF YUCAIPA AND YUCAIPA-CALIMESA JOINT

UNIFIED SCHOOL DISTRICT FACILITIES
This Facility Use Agreement ("AGREEMENT") by and between Yucaipa Junior All American Football and Cheer Inc., (YJAAF) a California non-profit public benefit corporation, and the CITY OF YUCAIPA ("CITY"), a municipal corporation, is entered into as of December 9, 2024, with reference to the following facts:

RECITALS
A. YJAAF runs a youth football program for residents of the CITY and surrounding communities.

B. All CITY and YCJUSD facilities will collectively be referred to hereinafter as "FACILITIES." For the purposes of this Agreement, CITY and YJAFF are sometimes hereinafter referred to as "PARTY" and hereinafter collectively referred to as the "PARTIES."
C. The CITY and the YCJUSD are parties to a separate Joint Use Agreement for the operation of youth athletic programs and activities at certain locations, including the FACILITIES.

D. YJAAF desires to use the FACILITIES for a youth football and cheer program hereinafter referred to as "PROGRAM."
E. The CITY is willing to allow YJAAF to use the FACILITIES for its PROGRAM, subject to YJAAF's compliance with the terms of this AGREEMENT, and all other applicable CITY ordinances, rules and regulations, policies, federal, and state laws.

F. YJAAF use of any YCJUSD FACILITIES for its PROGRAM is contingent upon YCJUSD's approval of such use and YJAAF's compliance with the terms of this AGREEMENT and all other applicable YCJUSD rules, regulations, policies, federal, and state laws.

NOW, THEREFORE, for good and adequate consideration, the sufficiency of which is hereby acknowledged, the PARTIES hereby mutually agreed as follows:
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Section I. Term, Effective Date and Expiration Date.

This AGREEMENT shall commence on JANUARY 1, 2025 (EFFECTIVE DATE), and expire on DECEMBER 31, 2026 (EXPIRATION DATE), unless sooner terminated in accordance with the terms of this AGREEMENT.

Section II. YCJUSD Approval for Use of YCJUSD FACILITIES.

YJAAF's use of YCJUSD FACILITIES shall be subject to the following requirements:

1. Following the EFFECTIVE DATE, YJAAF may submit applications to YCJUSD for YJAAF's use of FACILITIES for its PROGRAM.

2. This AGREEMENT does not constitute approval by the CITY of YJAAF's use of any YCJUSD FACILITIES. YCJUSD shall be responsible for and have final approval authority over any facility use request submitted to the YCJUSD.

3. YJAAF shall be solely responsible for complying with all requirements imposed by YCJUSD, including but expressly not limited to, submitting all information and documentation required by YCJUSD and complying with any other YCJUSD requirements. All such requirements shall be in addition to the requirements of this AGREEMENT.

4. YCJUSD allocates use of FACILITIES on a fiscal year calendar. To be considered for priority use of YCJUSD FACILITIES applications should be submitted to YCJUSD between June lst and June 301h for the upcoming fiscal year calendar. Applications submitted after June 301h will not be considered priority use and will be subject to availability. YJAAF acknowledges that any application it submits to YCJUSD for its PROGRAM will be subject to all these requirements in addition to all other YCJUSD requirements.

Section III. FACILITIES Fees and Charges.

1. During the term of this AGREEMENT, YJAAF shall pay for the use of CITY FACILITIES as follows:
a. City of Yucaipa Athletic Fields - $5.00 per hour per field b. Lights - $10.00 per hour
c. Deposit - $500.00 refundable

2. All fees and charges imposed under this AGREEMENT shall be subject to any annual or other periodic increase or change in such fees adopted by the CITY Council. 12/09/2024 City Council Agenda 2 188

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3. The CITY shall invoice YJAAF by the fifth day of each calendar month for costs incurred during the prior month. YJAAF shall process and pay in full all costs to the CITY within 30 days of receipt of invoice. All payments shall be made by cash, credit card, or check payable to the CITY OF YUCAIPA.

4. Use of any other CITY facility shall be subject to the CITY's standard fees and charges in effect, including a 50% discount on other CITY FACILITIES.

Section IV. PARTY Representatives.

The CITY's representative for this AGREEMENT is Megan Wolfe, Director of Community Services, or her written designee. YJAAF's representative for this AGREEMENT is Marc Tirheimer or their written designee. Either PARTY may change its respective representative, by written notice to the other PARTY served in accordance with Section XIII of this AGREEMENT.

Section V. Non -Profit Status.

Prior to the EFFECTIVE DATE, YJAAF shall provide the CITY with the following documentation that confirms YJAAF compliance with 501(c)(3) non-profit status:
• A copy of State of California not -for -profit incorporation papers or tax-exempt IRS letter showing proof of current 501(c)(3) non-profit status; and A roster of officers, including names, titles, addresses, e-mail addresses, and phone numbers. At all times during the term of this AGREEMENT, YJAAF shall maintain its 501(c)(3) non-profit status in good standing (Exhibit Q.

Section VI. YJAAF Obligations during PROGRAM.

During the term of this AGREEMENT:

1. YJAAF shall comply with the terms of this AGREEMENT and all other applicable rules, regulations, and policies of the CITY, YCJUSD, federal, and state laws, when using the FACILITIES.

2. YJAAF shall designate and utilize one representative, and one alternate representative authorized to act on YJAAF's behalf with respect to all PROGRAM concerns and/or issues that may arise at the FACILITIES.

3. YJAAF shall conduct background checks on all volunteers, pursuant to California Penal Code Section 11105.3, as amended from time to time, and to provide written notice of its criminal background check policy to the parents or guardian of any youth participating in 12/09/2024 City Council Agenda 3 189

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the program, pursuant to California Business & Professions Code Section 18900, as amended from time to time.

4. YJAAF shall be responsible for the conduct of all YJAAF board members, officers, employees, agents, designated volunteers, players, coaches, referees, visiting teams, and spectators "PARTICIPANTS", participating in or attending any PROGRAM at the FACILITIES, other than any CITY official or employee.

YJAAF and its PARTICIPANTS, participating in or attending the PROGRAM shall adhere to and comply with all FACILITY rules and regulations during the PROGRAM and shall adhere to and comply with the code of conduct for the principles of sportsmanship, fair play, and other ethical issues that relate to team sports. YJAAF shall submit a copy of the Parent, Coach, Volunteer Codes of Conduct and Player's Pledge prior to the commencement of the season and/or practices.

6. Use of the CITY FACILITIES shall be subject to the following order of priority:
• First Priority: CITY programs and activities
Second Priority: YJAAF in accordance with CITY's scheduling methodology
Third Priority: YCJUSD and other organization's programs and activities, in accordance with CITY's scheduling methodology The YJAAF's PROGRAM shall always remain subject to the review and approval, by mutual agreement, of all PARTIES involved.

7. The CITY will provide marketing support to the YJAAF for the purpose of marketing the PROGRAM, at locations and on social media platforms approved by CITY.

YJAAF shall in good faith and with reasonable diligence, develop and offer programs that reflect community needs. During the term of this AGREEMENT, YJAAF shall make reasonable efforts to provide a PROGRAM participation rate of at least 5 1 % of Yucaipa residents and shall encourage residents to be involved in all aspects of the PROGRAM through local media and the CITY's Community Services Department resources.

9. Postponement or cancellation of use shall be reported immediately by YJAAF to the CITY's representative. Cancellation of weeknight usage is required at least 48 hours in advance. Cancellation of weekend usage must take place at least 96 hours in advance. In the case of inclement weather or FACILITY closures YJAAF will not be charged for use.

10. YJAAF shall be allowed to place signs, banners, or displays at/on the FACILITIES with the CITY's consent. Any such signs, banners, or displays must be in compliance with all ordinances, rules, and regulations of the CITY and/or YCJUSD. YJAAF shall remove all 12/09/2024 City Council Agenda 4 190

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such signs, banners, or displays promptly at the conclusion of the PROGRAM unless otherwise authorized by the CITY and/or YCJUSD.

11. YJAAF shall check for any possible unsafe conditions at the FACILITIES daily, prior to use. Any unsafe conditions shall be immediately reported to the CITY Public Works Manager at (909) 649-9581. YJAAF shall be responsible for making sure that none of its PARTICIPANTS access any of the FACILITIES at which YJAAF has determined there is an unsafe condition.

12. YJAAF shall be responsible for all damages incurred to the FACILITIES at any time the PROGRAM is occurring.

13. YJAAF shall make no alterations, additions, or improvements to FACILITIES without the CITY/YCJUSD prior written consent. The CITY shall not unreasonably withhold such consent for non-structural work only. Any changes may result in loss of deposit. All alterations, improvements, or additions, which are made to the FACILITIES by YJAAF shall become the property of the CITY/YCJUSD and shall remain upon and be surrendered with the premises at the EXPIRATION DATE. Upon expiration of this AGREEMENT, or earlier termination thereof, the FACILITIES (and any alterations or additions thereto) shall be free, clear and unencumbered, and YJAAF shall defend and indemnify the CITY/YCJUSD against any future claims arising in connection with any encumbrance placed upon or allowed to be placed upon the FACILITIES by YJAAF.

Notwithstanding the above, this paragraph shall not apply to YJAAF's trade fixtures, furniture, equipment, or other machinery, which are not axed to the FACILITIES in a manner, so that they cannot be removed without material or structural damage to the FACILITIES, which shall remain the property of YJAAF and may be removed by YJAAF on or before the EXPIRATION DATE of this AGREEMENT.

Section VII. Independent Contractor Status.

1. In the performance of this AGREEMENT, YJAAF is and shall always remain as to the CITY an independent contractor. As an independent contractor, YJAAF and its PARTICIPANTS, are not employees of the CITY, and are not members of the personnel systems of the CITY. As such, YJAAF and its PARTICIPANTS shall not have any rights or benefits of an employee under
a. any personnel, employment, or other ordinances, codes, regulations, resolutions, policies, or rules of the CITY relating to employees, or (ii) any Memorandum of Understanding between the CITY and any of the CITY's bargaining units.
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This section does not preclude any CITY employee from volunteering on their personal time to serve in the capacity of a volunteer referee, coach, or board member.

2. At no time during this AGREEMENT shall YJAAF, or any of its PARTICIPANTS represent orally or in writing that YJAAF is a CITY program or activity, or that any PARTICIPANT or any of YJAAF's board members, officers, employees, agents, or volunteers are employees of the CITY. At no time during the term of this AGREEMENT shall YJAAF or any of YJAAF PARTICIPANTS wear any uniform or display or carry any badge, button, or identification that identifies them as employees of the CITY.

Section VIII. Use of CITY Logo or Name.

YJAAF shall not use the CITY's logo/seal without the prior written consent of the CITY.

Section IX. No Assignment.

1. YJAAF shall not assign or transfer this AGREEMENT, in whole or in part, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

2. YJAAF shall not lease, sublease, assign, license, or transfer any portion of the FACILITIES, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

Section X. CITY Services.

During the term of this AGREEMENT, the CITY will provide the following services:

1. The CITY shall provide workers' compensation insurance or self-insurance for any work or services performed by its employees, to the extent required by law.

Section XI. Insurance Requirements.

1. YJAAF shall provide and maintain insurance, acceptable to 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 AGREEMENT by YJAAF, its agents, representatives or employees. Insurance is to be 12/09/2024 City Council Agenda 6 192

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placed with insurers with a current A.M. Best's rating of no less than A: VII. YJAAF shall provide the following scope and limits of insurance:
a. MINIMUM SCOPE OF INSURANCE. YJAAF shall maintain the following types and limits of insurance.
b. MINIMUM LIMITS OF INSURANCE.

AUTOMOBILE LIABILITY INSURANCE. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if YJAAF has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

If the YJAAF maintains broader coverage and/or higher limits than the minimums shown above, .

CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by the YJAAF. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

2. OTHER PROVISIONS. The insurance policies are to contain, or be endorsed to contain, the following provisions:

CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the YJAAF including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the YJAAF's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage For any claims related to this contract, the YJAAF's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by 12/09/2024 City Council Agenda 7 193

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CITY, its officers, officials, employees, or volunteers shall be in excess of the YJAAF's insurance and shall not contribute with it.

Notice of Cancellation YJAAF shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, YJAAF shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation YJAAF hereby grants to CITY a waiver of any right to subrogation which any insurer of said YJAAF may acquire against CITY by virtue of the payment of any loss under such insurance. YJAAF agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by the Contractor, its employees, agents, and subcontractors.

Self -Insured Retentions Self -insured retentions must be declared to and approved by CITY. CITY may require the YJAAF to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or CITY.

Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to CITY
Verification of Coverage YJAAF shall furnish CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the YJAAF's obligation to provide them. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors YJAAF shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that CITY is an additional insured on insurance required from subcontractors.

Section XII. Indemnification.
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1. To the fullest extent permitted by law, YJAAF shall indemnify, protect, defend (with legal counsel reasonably selected by CITY) and hold harmless CITY and any and all of its elected and appointed officials, officers, employees, independent contractors, 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 YJAAF or sub YJAAF's), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert YJAAF's or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by YJAAF, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. YJAAF'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.

2. YJAAF agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from every sub YJAAF, subcontractor or any other person or entity involved by, for, with or on behalf of YJAAF in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event YJAAF fails to obtain such indemnity obligations from others as required here, YJAAF 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 YJAAF and shall survive the termination of this Agreement and this section.

Section XIII. Notice.

TO CITY. CITY OF YUCAIPA
Megan Wolfe, Director of Community Services
34272 Yucaipa Blvd.

Yucaipa, CA 92399
(909) 797-2489 ext. 241
[email protected]
12/09/2024 City Council Agenda 9 195

CITY of Yucaipa
TO YJAAF: Yucaipa Junior All American Football and Cheer Inc.

P.O. BOX 1353
Yucaipa CA 92399
Either PARTY hereto may, from time to time, by written notice to the other PARTY, designate a different representative or address which shall be substituted for the one above specified. If any notice or other document is sent by certified mail, as aforesaid, the same shall be deemed served or delivered on the third business day after the mailing thereof, as provided above.

Section XIV. Termination of Agreement.

Termination by the CITY. Should the CITY, at any time, become dissatisfied with YJAAF's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to YJAAF pursuant to Section XIII.

2. Termination by YJAAF. Should YJAAF, at any time, become dissatisfied with the CITY's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to the CITY pursuant to Section XIII.

Section XV. Surrender of Facilities.

Upon the EXPIRATION DATE, or any sooner termination pursuant to notice given in accordance with Section XIV, YJAAF shall surrender and vacate the FACILITIES, and shall cause all its PARTICIPANTS in any game or other event or activity of the PROGRAM, to leave such FACILITIES following activity taking place. YJAAF shall leave the FACILITIES in good condition, ordinary wear and tear excepted. Concurrently therewith, YJAAF shall remove all non - fixed equipment and other personal property of YJAAF from the FACILITIES.

Section XVI. Non -Discrimination.

YJAAF shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision -making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. YJAAF 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 12/09/2024 City Council Agenda 10 196
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this Agreement by reference and made a part hereof as set for in full. YJAAF shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

Section XVII. No Joint Venture or Agency Relationship.

Nothing herein contained shall be construed to place the PARTIES to this AGREEMENT in the relationship of a joint venture, association, partnership, or other form of a business organization or agency relationship. YJAAF shall have no power to obligate or bind the CITY in any manner whatsoever. Further, under no circumstances shall YJAAF represent itself to be an agent of the CITY or any of its departments, officials, officers, or employees. Nothing in this AGREEMENT may be construed to have authorized or vested in YJAAF the power to be an agent of the CITY or an actor under the color of law, be it civilly or criminally.

Section XVIII. General Provisions.

1. Amendment or Modifications. This AGREEMENT may only be amended or modified only by an agreement in writing executed by all of the PARTIES to this AGREEMENT.

3. Binding Agreement. It is mutually understood and agreed that this AGREEMENT shall be binding upon the CITY and its successors and assigns, and upon YJAAF its partners, successors, executors, administrators, and assigns.

4. Attorney's Fees. In the event of any action between CITY and YJAAF seeking enforcement of any of the terms and conditions of this AGREEMENT, the prevailing PARTY in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonable attorney's fees.

5. Applicable Law. California law shall govern the interpretation and enforcement of this AGREEMENT.

CITY of Yucaipa

The PARTIES have executed this AGREEMENT on the latest of the dates set forth below. 12/09/2024 City Council Agenda 12 198

CITY of Yucaipa
ATTEST:

CITY CLERK
APPROVED AS TO FORM:

CITY ATTORNEY
CITY OF YUCAIPA, a California municipal
corporation
Chris Mann, City Manager Date
YJAAF, a California non-profit public benefit
corporation
Marc Tirheimer Date
12/09/2024 City Council Agenda 13 199

ATTACHMENT 6
12/09/2024 City Council Agenda 200

FACILITY USE AGREEMENT BETWEEN THE CITY OF YUCAIPA AND

YUCAIPA VALLEY YOUTH SOCCER ORGANIZATION FOR THE USE

OF THE CITY OF YUCAIPA AND YUCAIPA-CALIMESA JOINT UNIFIED

SCHOOL DISTRICT FACILITIES
This Facility Use Agreement ("AGREEMENT") by and between Yucaipa Valley Youth Soccer Organization (YVYSO) a California non-profit public benefit corporation, and the CITY OF YUCAIPA ("CITY"), a municipal corporation, is entered into as of December 9, 2024, with reference to the following facts:

RECITALS
A. YVYSO runs a youth soccer program for residents of the CITY and surrounding communities.

D. YVYSO desires to use the FACILITIES for a youth soccer program hereinafter referred to as "PROGRAM."
E. The CITY is willing to allow YVYSO to use the FACILITIES for its PROGRAM, subject to YVYSO's compliance with the terms of this AGREEMENT, and all other applicable CITY ordinances, rules and regulations, policies, federal, and state laws.

F. YVYSO use of any YCJUSD FACILITIES for its PROGRAM is contingent upon YCJUSD's approval of such use and YVYSO's compliance with the terms of this AGREEMENT and all other applicable YCJUSD rules, regulations, policies, federal, and state laws.

G. The CITY and YVYSO may be hereinafter referred to individually as a PARTY and collectively as the PARTIES.

NOW, THEREFORE, for good and adequate consideration, the sufficiency of which is hereby acknowledged, the PARTIES hereby mutually agreed as follows:
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Section I. Term, Effective Date and Expiration Date.

This AGREEMENT shall commence on JANUARY 1, 2025 (EFFECTIVE DATE), and expire on DECEMBER 31, 2026 (EXPIRATION DATE), unless sooner terminated in accordance with the terms of this AGREEMENT.

Section II. YCJUSD Approval for Use of YCJUSD FACILITIES.

YVYSO's use of YCJUSD FACILITIES shall be subject to the following requirements:

1. Following the EFFECTIVE DATE, YVYSO may submit applications to YCJUSD for YVYSO's use of FACILITIES for its PROGRAM.

2. This AGREEMENT does not constitute approval by the CITY of YVYSO's use of any YCJUSD FACILITIES. YCJUSD shall be responsible for and have final approval authority over any facility use request submitted to the YCJUSD.

3. YVYSO shall be solely responsible for complying with all requirements imposed by YCJUSD, including but expressly not limited to, submitting all information and documentation required by YCJUSD and complying with any other YCJUSD requirements. All such requirements shall be in addition to the requirements of this AGREEMENT.

4. YCJUSD allocates use of FACILITIES on a fiscal year calendar. To be considered for priority use of YCJUSD FACILITIES applications should be submitted to YCJUSD between June 1st and June 30th for the upcoming fiscal year calendar. Applications submitted after June 30th will not be considered priority use and will be subject to availability. YVYSO acknowledges that any application it submits to YCJUSD for its PROGRAM will be subject to all these requirements in addition to all other YCJUSD requirements.

Section III. FACILITIES Fees and Charges.

1. During the term of this AGREEMENT, YVYSO shall pay for the use of CITY FACILITIES as follows:
a. City of Yucaipa Athletic Fields - $5.00 per hour per field b. Lights - $10.00 per hour
c. Deposit - $500.00 refundable

2. All fees and charges imposed under this AGREEMENT shall be subject to any annual or other periodic increase or change in such fees adopted by the CITY Council. 12/09/2024 City Council Agenda 2 202

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3. The CITY shall invoice YVYSO by the fifth day of each calendar month for costs incurred during the prior month. YVYSO shall process and pay in full all costs to the CITY within 30 days of receipt of invoice. All payments shall be made by cash, credit card, or check payable to the CITY OF YUCAIPA.

4. Use of any other CITY facility shall be subject to the CITY's standard fees and charges in effect, including a 50% discount on other CITY FACILITIES.

Section IV. PARTY Representatives.

The CITY's representative for this AGREEMENT is Megan Wolfe, Director of Community Services, or her written designee. YVYSO's representative for this AGREEMENT is Bill Moreno or their written designee. Either PARTY may change its respective representative, by written notice to the other PARTY served in accordance with Section XIII of this AGREEMENT.

Section V. Non -Profit Status.

Prior to the EFFECTIVE DATE, YVYSO shall provide the CITY with the following documentation that confirms YVYSO compliance with 501(c)(3) non-profit status:

A copy of State of California not -for -profit incorporation papers or tax-exempt IRS letter showing proof of current 501(c)(3) non-profit status; and A roster of officers, including names, titles, addresses, e-mail addresses, and phone numbers. At all times during the term of this AGREEMENT, YVYSO shall maintain its 501(c)(3) non-profit status in good standing (Exhibit Q.

Section VI. YVYSO Obligations during PROGRAM.

During the term of this AGREEMENT:

1. YVYSO shall comply with the terms of this AGREEMENT and all other applicable rules, regulations, and policies of the CITY, YCJUSD, federal, and state laws, when using the FACILITIES.

2. YVYSO shall designate and utilize one representative, and one alternate representative authorized to act on YVYSO's behalf with respect to all PROGRAM concerns and/or issues that may arise at the FACILITIES.

YVYSO shall conduct background checks on all volunteers, pursuant to California Penal Code Section 11105.3, as amended from time to time, and to provide written notice of its criminal background check policy to the parents or guardian of any youth participating in 12/09/2024 City Council Agenda 203

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the program, pursuant to California Business & Professions Code Section 18900, as amended from time to time.

4. YVYSO shall be responsible for the conduct of all YVYSO board members, officers, employees, agents, designated volunteers, players, coaches, referees, visiting teams, and spectators ("PARTICIPANTS"), participating in or attending any PROGRAM at the FACILITIES, other than any CITY official or employee.

5. YVYSO and its PARTICIPANTS, participating in or attending the PROGRAM shall adhere to and comply with all FACILITY rules and regulations during the PROGRAM and shall adhere to and comply with the code of conduct for the principles of sportsmanship, fair play, and other ethical issues that relate to team sports. YVYSO shall submit a copy of the Parent, Coach, Volunteer Codes of Conduct and Player's Pledge prior to the commencement of the season and/or practices.

6. Use of the CITY FACILITIES shall be subject to the following order of priority:
• First Priority: CITY programs and activities
Second Priority: YVYSO in accordance with CITY's scheduling methodology
• Third Priority: YCJUSD and other organization's programs and activities, in accordance with CITY's scheduling methodology The YVYSO's PROGRAM shall always remain subject to the review and approval, by mutual agreement, of all PARTIES involved.

7. The CITY will provide marketing support to YVYSO for the purpose of marketing the PROGRAM, at locations and on social media platforms approved by CITY.

YVYSO shall in good faith and with reasonable diligence, develop and offer programs that reflect community needs. During the term of this AGREEMENT, YVYSO shall make reasonable efforts to provide a PROGRAM participation rate of at least 51 % of Yucaipa residents and shall encourage residents to be involved in all aspects of the PROGRAM through local media and the CITY's Community Services Department resources.

9. Postponement or cancellation of use shall be reported immediately by YVYSO to the CITY's representative. Cancellation of weeknight usage is required at least 48 hours in advance. Cancellation of weekend usage must take place at least 96 hours in advance. In the case of inclement weather or FACILITY closures YVYSO will not be charged for use.

10. YVYSO shall be allowed to place signs, banners, or displays at/on the FACILITIES with the CITY's consent. Any such signs, banners, or displays must be in compliance with all ordinances, rules, and regulations of the CITY and/or YCJUSD. YVYSO shall remove all 12/09/2024 City Council Agenda 4 204

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such signs, banners, or displays promptly at the conclusion of the PROGRAM unless otherwise authorized by the CITY and/or YCJUSD.

11. YVYSO shall check for any possible unsafe conditions at the FACILITIES daily, prior to use. Any unsafe conditions shall be immediately reported to the CITY Public Works Manager at (909) 649-9581. YVYSO shall be responsible for making sure that none of its PARTICIPANTS access any of the FACILITIES at which YVYSO has determined there is an unsafe condition.

12. YVYSO shall be responsible for all damages incurred to the FACILITIES at any time the PROGRAM is occurring.

13. YVYSO shall make no alterations, additions, or improvements to FACILITIES without the CITY/YCJUSD prior written consent. The CITY shall not unreasonably withhold such consent for non-structural work only. Failure to comply will result in the loss of deposit.

All alterations, improvements, or additions, which are made to the FACILITIES by YVYSO shall become the property of the CITY/YCJUSD and shall remain upon and be surrendered with the premises at the EXPIRATION DATE. Upon expiration of this AGREEMENT, or earlier termination thereof, the FACILITIES (and any alterations or additions thereto) shall be free, clear and unencumbered, and YVYSO shall defend and indemnify the CITY/YCJUSD against any future claims arising in connection with any encumbrance placed upon or allowed to be placed upon the FACILITIES by YVYSO.

Notwithstanding the above, this paragraph shall not apply to YVYSO's trade fixtures, furniture, equipment, or other machinery, which are not affixed to the FACILITIES in a manner, so that they cannot be removed without material or structural damage to the FACILITIES, which shall remain the property of YVYSO and may be removed by YVYSO on or before the EXPIRATION DATE of this AGREEMENT.

Section VII. Independent Contractor Status.

1. In the performance of this AGREEMENT, YVYSO is and shall always remain as to the CITY an independent contractor. As an independent contractor, YVYSO and its PARTICIPANTS, are not employees of the CITY, and are not members of the personnel systems of the CITY. As such, YVYSO and its PARTICIPANTS shall not have any rights or benefits of an employee under
a. any personnel, employment, or other ordinances, codes, regulations, resolutions, policies, or rules of the CITY relating to employees, or (ii) any Memorandum of Understanding between the CITY and any of the CITY's bargaining units.
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This section does not preclude any CITY employee from volunteering on their personal time to serve in the capacity of a volunteer referee, coach, or board member.

2. At no time during this AGREEMENT shall YVYSO, or any of its PARTICIPANTS represent orally or in writing that YVYSO is a CITY program or activity, or that any PARTICIPANT or any of YVYSO's board members, officers, employees, agents, or volunteers are employees of the CITY. At no time during the term of this AGREEMENT shall YVYSO or any of YVYSO PARTICIPANTS wear any uniform or display or carry any badge, button, or identification that identifies them as employees of the CITY.

Section VIII. Use of CITY Logo or Name.

YVYSO shall not use the CITY's logo/seal without the prior written consent of the CITY.

Section IX. No Assignment.

1. YVYSO shall not assign or transfer this AGREEMENT, in whole or in part, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

2. YVYSO shall not lease, sublease, assign, license, or transfer any portion of the FACILITIES, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

Section X. CITY Services.

During the term of this AGREEMENT, the CITY will provide the following services:

1. The CITY shall provide workers' compensation insurance or self-insurance for any work or services performed by its employees, to the extent required by law.

Section XI. Insurance Requirements.

1. YVYSO shall provide and maintain insurance, acceptable to 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 AGREEMENT by YVYSO, its agents, representatives or employees. Insurance is to be 12/09/2024 City Council Agenda 6 206

CITY of Yucaipa
placed with insurers with a current A.M. Best's rating of no less than A: VII. YVYSO shall provide the following scope and limits of insurance:
a. MINIMUM SCOPE OF INSURANCE. YVYSO shall maintain the following types and limits of insurance.
b. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

AUTOMOBILE LIABILITY INSURANCE. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if YVYSO has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

If the YVYSO maintains broader coverage and/or higher limits than the minimums shown above, CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by the YVYSO. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

2. OTHER PROVISIONS. The insurance policies are to contain, or be endorsed to contain, the following provisions:

CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the YVYSO including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the YVYSO's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage For any claims related to this contract, the YVYSO's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by 12/09/2024 City Council Agenda 7 207

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CITY, its officers, officials, employees, or volunteers shall be in excess of the YVYSO's insurance and shall not contribute with it.

Notice of Cancellation YVYSO shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, YVYSO shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation YVYSO hereby grants to CITY a waiver of any right to subrogation which any insurer of said YVYSO may acquire against CITY by virtue of the payment of any loss under such insurance. YVYSO agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by the Contractor, its employees, agents, and subcontractors.

Self -Insured Retentions Self -insured retentions must be declared to and approved by CITY. CITY may require the YVYSO to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or CITY.

Verification of Coverage YVYSO shall furnish CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the YVYSO's obligation to provide them. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors YVYSO shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that CITY is an additional insured on insurance required from subcontractors.

Section XII. Indemnification.
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1. To the fullest extent permitted by law, YVYSO shall indemnify, protect, defend (with legal counsel reasonably selected by CITY) and hold harmless CITY and any and all of its elected and appointed officials, officers, employees, independent contractors, 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 YVYSO or sub YVYSO's), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert YVYSO's or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by YVYSO, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. YVYSO'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.

2. YVYSO agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from every sub YVYSO, subcontractor or any other person or entity involved by, for, with or on behalf of YVYSO in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event YVYSO fails to obtain such indemnity obligations from others as required here, YVYSO 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 YVYSO and shall survive the termination of this Agreement and this section.

Section XIII. Notice.

TO CITY: CITY OF YUCAIPA
Megan Wolfe, Director of Community Services
34272 Yucaipa Blvd.

Yucaipa, CA 92399
(909) 797-2489 ext. 241
[email protected]
12/09/2024 City Council Agenda 9 209

Yucai
TO YVYSO: Yucaipa Valley Youth Soccer Organization
Bill Moreno, President
P.O. BOX 17
(909)266-3762
moreno—[email protected]
Either PARTY hereto may, from time to time, by written notice to the other PARTY, designate a different representative or address which shall be substituted for the one above specified. If any notice or other document is sent by certified mail, as aforesaid, the same shall be deemed served or delivered on the third business day after the mailing thereof, as provided above.

Section XIV. Termination of Agreement.

1. Termination by the CITY. Should the CITY, at any time, become dissatisfied with YVYSO's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to YVYSO pursuant to Section XIII.

2. Termination by YVYSO. Should YVYSO, at any time, become dissatisfied with the CITY's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to the CITY pursuant to Section XIII.

Section XV. Surrender of Facilities.

Upon the EXPIRATION DATE, or any sooner termination pursuant to notice given in accordance with Section XIV, YVYSO shall surrender and vacate the FACILITIES, and shall cause all its PARTICIPANTS in any game or other event or activity of the PROGRAM, to leave such FACILITIES following activity taking place. YVYSO shall leave the FACILITIES in good condition, ordinary wear and tear excepted. Concurrently therewith, YVYSO shall remove all non - fixed equipment and other personal property of YVYSO from the FACILITIES.

Section XVI. Non -Discrimination.

YVYSO shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision -making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. YVYSO 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. YVYSO shall include the 12/09/2024 City Council Agenda 10 210

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non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

Section XVII. No Joint Venture or Agency Relationship.

Nothing herein contained shall be construed to place the PARTIES to this AGREEMENT in the relationship of a joint venture, association, partnership, or other form of a business organization or agency relationship. YVYSO shall have no power to obligate or bind the CITY in any manner whatsoever. Further, under no circumstances shall YVYSO represent itself to be an agent of the CITY or any of its departments, officials, officers, or employees. Nothing in this AGREEMENT may be construed to have authorized or vested in YVYSO the power to be an agent of the CITY or an actor under the color of law, be it civilly or criminally.

Section XVIII. General Provisions.

1. Amendment or Modifications. This AGREEMENT may only be amended or modified only by an agreement in writing executed by all of the PARTIES to this AGREEMENT.

3. Binding Agreement. It is mutually understood and agreed that this AGREEMENT shall be binding upon the CITY and its successors and assigns, and upon YVYSO its partners, successors, executors, administrators, and assigns.

4. Attorney's Fees. In the event of any action between CITY and YVYSO seeking enforcement of any of the terms and conditions of this AGREEMENT, the prevailing PARTY in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonable attorney's fees.

Applicable Law. California law shall govern the interpretation and enforcement of this AGREEMENT.

CITY of Yucaipa

The PARTIES have executed this AGREEMENT on the latest of the dates set forth below.

ATTEST:

CITY CLERK
C
APPROVED AS TO FORM:

CITY ATTORNEY
CITY OF YUCAIPA, a California municipal
corporation
Chris Mann, City Manager Date
YVYSO, a California non-profit public benefit
corporation
Bill Moreno
Date
12/09/2024 City Council Agenda 13 213

ATTACHMENT 7
12/09/2024 City Council Agenda 214

FACILITY USE AGREEMENT BETWEEN THE CITY OF YUCAIPA AND

YUCAIPA SWIM TEAM FOR THE USE OF THE CITY OF YUCAIPA AND

SAN BERNARDINO COMMUNITY COLLEGE DISTRICT FACILITIES
This Facility Use Agreement ("AGREEMENT") by and between Yucaipa Swim Team (YST) a California non-profit public benefit corporation, and the CITY OF YUCAIPA ("CITY"), a municipal corporation, is entered into as of December 9, 2024, with reference to the following facts:

RECITALS
A. YST runs a swim team program for residents of the CITY and surrounding communities.

B. The CITY is the owner of the Yucaipa 71h Street Pool and the San Bernardino Community College District "SBCCD" is the owner of the Aquatics Center "AC". All CITY and SBCCD facilities will collectively be referred to hereinafter as "FACILITIES." For the purposes of this Agreement, CITY and YST are sometimes hereinafter referred to as "PARTY" and hereinafter collectively referred to as the "PARTIES." C. The CITY and the SBCCD are parties to a separate Joint Use of Facilities Agreement for the operation of Yucaipa Community Based Aquatic Organizations "YCBAO" use of the AC.

D. YST desires to use the FACILITIES for a swim team program hereinafter referred to as "PROGRAM."
E. The CITY is willing to allow YST to use the FACILITIES for its PROGRAM, subject to YST's compliance with the terms of this AGREEMENT, and all other applicable CITY ordinances, rules and regulations, policies, federal, and state laws.

F. YST's use of any SBCCD FACILITIES for its PROGRAM is contingent upon SBCCD's approval of such use and YST's compliance with the terms of this AGREEMENT and all other applicable SBCCD rules, regulations, policies, federal, and state laws.

NOW, THEREFORE, for good and adequate consideration, the sufficiency of which is hereby acknowledged, the PARTIES hereby mutually agreed as follows:
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Section I. Term, Effective Date and Expiration Date.

This AGREEMENT shall commence on JANUARY 1, 2025 (EFFECTIVE DATE), and expire on DECEMBER 31, 2026 (EXPIRATION DATE), unless sooner terminated in accordance with the terms of this AGREEMENT.

Section II. SBCCD Approval for Use of SBCCD FACILITIES.

YST use of SBCCD FACILITIES shall be subject to the following requirements:

1. YST shall be granted use of the AC without charge from SBCCD, except for employee cost. Employee cost is defined as those costs of services of any District employee and salaries paid necessitated by YST's use of the facilities if that employee would not otherwise be present as part of his or her normal duties such as special, after-hours, weekend, or holiday events. All employee costs for use of the AC charged by the SBCCD shall be in accordance with an employee cost schedule adopted by SBCCD.

2. This AGREEMENT does not constitute approval by the CITY of YST's use of AC. The DISTRICT shall be responsible for and have final approval authority over any facility use request submitted to the DISTRICT for use of AC by the CITY on YST's behalf.

3. YST shall be solely responsible for complying with any and all requirements imposed by the DISTRICT, including but expressly not limited to, submitting all information and documentation required by the DISTRICT and complying with any other DISTRICT requirements. All such requirements shall be in addition to the requirements of this AGREEMENT. CITY, DISTRICT and YST shall follow all state/county public health directives regarding use of AC. DISTRICT may reduce the capacity as needed to follow these directives.

4. CITY and SBCCD will coordinate any and all use of up to nine (9) CHAC lanes as requested by YST. The number of lanes assigned will be based on using an hourly average of at least four (4) swimmers in attendance per lane.

5. YST shall be responsible for the conduct of all YST board members, officers, employees, agents, volunteers, and all players, coaches, referees, visiting teams and spectators, participating in or attending any meet or practice of its resident swim program at the AC FACILITY, other than any CITY official or employee.

6. The locker room is not included as an approved amenity for use by YST. A request must be submitted by YST and authorized by SBCCD prior to use. The CITY and SBCCD upon approval, will allow use of the locker room for morning Master's Team swim practice only. YST is prohibited from use of CHAC locker room during the afternoon/evening hours of use.
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7. The SBCCD Aquatic Center calendar will be developed by the SBCCD in conjunction with the City, YST, and other YCBAO. Calendars will be reviewed on a bi-annual basis for changes, corrections and/or cancellations.

8. YUCAIPA SWIM TEAM shall be solely responsible for complying with all requirements imposed by SBCCD, including but expressly not limited to, submitting all information and documentation required by SBCCD and complying with any other SBCCD requirements. All such requirements shall be in addition to the requirements of this AGREEMENT.

Section III. FACILITIES Fees and Charges.

1. During the term of this AGREEMENT, YST shall pay for the use of CITY FACILITIES as follows:
a. Year 1 (January 1, 2025, to December 31, 2025): the annual payment in the amount of $15,000 for use of half (a maximum of 9 lanes) of SBCCD AC.
b. Year 2 (January 1, 2026, to December 31, 2026): $12 per hour for use of half (a maximum of 9 lanes) of SBCCD Aquatics Center and $4 for each additional lane per hour. A $100 per day per swim meet and a $500 refundable deposit

2. The request to use the Colorado Timing System will require a deposit in the amount of $1,500 and will be collected prior to the time of use. In the event the system is damaged, the deposit will be expended to offset costs associated with the repair of the system. Any additional costs thereafter will be the responsibility of YST. The SBCCD has seven calendar days after usage to identify any damage or additional fees assessed to the deposit.

3. All fees and charges imposed under this AGREEMENT shall be subject to an annual CPI adj ustment.

4. The CITY shall invoice YST by the fifth day of each calendar month for costs incurred during the prior month or YST can choose to be invoiced quarterly. YST shall process and pay in full all costs to the CITY within 30 days of receipt of invoice. All payments shall be made by cash, credit card, or check payable to the CITY OF YUCAIPA. this AGREEMENT shall be subject to

5. Use of any other CITY facility shall be subject to the CITY's standard fees and charges in effect, including a 50% discount on other CITY FACILITIES.

Section IV. PARTY Representatives.

The CITY's representative for this AGREEMENT is Megan Wolfe, Director of Community Services, or her written designee. YST's representative for this AGREEMENT is Shelby 12/09/2024 City Council Agenda 3 217

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Hernandez or their written designee. Either PARTY may change its respective representative, by written notice to the other PARTY served in accordance with Section XIII of this AGREEMENT.

Section V. Non -Profit Status.

Prior to the EFFECTIVE DATE, YST shall provide the CITY with the following documentation that confirms YST compliance with 501(c)(3) non-profit status:
• A copy of State of California not -for -profit incorporation papers or tax-exempt IRS letter showing proof of current 501(c)(3) non-profit status; and A roster of officers, including names, titles, addresses, e-mail addresses, and phone numbers. At all times during the term of this AGREEMENT, YST shall maintain its 501(c)(3) non-profit status in good standing (Exhibit Q.

Section VI. YST Obligations during PROGRAM.

During the term of this AGREEMENT:

1. YST shall comply with the terms of this AGREEMENT and all other applicable rules, regulations, and policies of the CITY, SBCCD, federal, and state laws, when using the FACILITIES.

2. YST shall designate and utilize one representative, and one alternate representative authorized to act on MST's behalf with respect to all PROGRAM concerns and/or issues that may arise at the FACILITIES.

3. YST shall conduct background checks on all volunteers, pursuant to California Penal Code Section 11105.3, as amended from time to time, and to provide written notice of its criminal background check policy to the parents or guardian of any youth participating in the program, pursuant to California Business & Professions Code Section 18900, as amended from time to time.

4. YST shall be responsible for the conduct of all YST board members, officers, employees, agents, designated volunteers, players, coaches, referees, visiting teams, and spectators "PARTICIPANTS", participating in or attending any PROGRAM at the FACILITIES, other than any CITY official or employee.

5. YST and its PARTICIPANTS, participating in or attending the PROGRAM shall adhere to and comply with all FACILITY rules and regulations during the PROGRAM and shall adhere to and comply with the code of conduct for the principles of sportsmanship, fair play, and other ethical issues that relate to team sports. YST shall submit a copy of the 12/09/2024 City Council Agenda 4 218

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Parent, Coach, Volunteer Codes of Conduct and Player's Pledge prior to the commencement of the season and/or practices.

6. Use of the CITY FACILITIES shall be subject to the following order of priority:
• First Priority: SBCCD programs and activities
Second Priority: YST in accordance with CITY's scheduling methodology
• Third Priority: Other organization's programs and activities The YST's PROGRAM shall always remain subject to the review and approval, by mutual agreement, of all PARTIES involved.

7. The CITY will provide marketing support to the YST for the purpose of marketing the PROGRAM, at locations and on social media platforms approved by CITY.

8. YST shall be allowed to place signs, banners, or displays at/on the FACILITIES with the CITY's consent. Any such signs, banners, or displays must be in compliance with all ordinances, rules, and regulations of the CITY and/or SBCCD. YST shall remove all such signs, banners, or displays promptly at the conclusion of the PROGRAM unless otherwise authorized by the CITY and/or SBCCD.

9. YST shall check for any possible unsafe conditions at the FACILITIES daily, prior to use.

Any unsafe conditions shall be immediately reported to the CITY Representative. YST shall be responsible for making sure that none of its PARTICIPANTS access any of the FACILITIES at which YST has determined there is an unsafe condition.

10. YST shall be responsible for all damages incurred to the FACILITIES at any time the PROGRAM is occurring.

11. YST shall make no alterations, additions, or improvements to FACILITIES without the CITY/SBCCD prior written consent. The CITY shall not unreasonably withhold such consent for non-structural work only. All alterations, improvements, or additions, which are made to the FACILITIES by YST shall become the property of the CITY/SBCCD and shall remain upon and be surrendered with the premises at the EXPIRATION DATE. Upon expiration of this AGREEMENT, or earlier termination thereof, the FACILITIES (and any alterations or additions thereto) shall be free, clear and unencumbered, and YST shall defend and indemnify the CITY/SBCCD against any future claims arising in connection with any encumbrance placed upon or allowed to be placed upon the FACILITIES by YST. Notwithstanding the above, this paragraph shall not apply to YST's trade fixtures, furniture, equipment, or other machinery, which are not affixed to the FACILITIES in a manner, so that they cannot be removed without material or structural damage to the 12/09/2024 City Council Agenda 219

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FACILITIES, which shall remain the property of YST and may be removed by YST on or before the EXPIRATION DATE of this AGREEMENT.

Section VII. Independent Contractor Status.

1. In the performance of this AGREEMENT, YST is and shall always remain as to the CITY an independent contractor. As an independent contractor, YST and its PARTICIPANTS, are not employees of the CITY, and are not members of the personnel systems of the CITY. As such, YST and its PARTICIPANTS shall not have any rights or benefits of an employee under
a. any personnel, employment, or other ordinances, codes, regulations, resolutions, policies, or rules of the CITY relating to employees, or (ii) any Memorandum of Understanding between the CITY and any of the CITY's bargaining units.

This section does not preclude any CITY employee from volunteering on their personal time to serve in the capacity of a volunteer referee, coach, or board member.

2. At no time during this AGREEMENT shall YST, or any of its PARTICIPANTS represent orally or in writing that YST is a CITY program or activity, or that any PARTICIPANT or any of YST's board members, officers, employees, agents, or volunteers are employees of the CITY. At no time during the term of this AGREEMENT shall YST or any of YST PARTICIPANTS wear any uniform or display or carry any badge, button, or identification that identifies them as employees of the CITY.

Section VIII. Use of CITY Logo or Name.

YST shall not use the CITY's logo/seal without the prior written consent of the CITY.

Section IX. No Assignment.

1. YST shall not assign or transfer this AGREEMENT, in whole or in part, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

2. YST shall not lease, sublease, assign, license, or transfer any portion of the FACILITIES, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.
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Section X. CITY Services.

During the term of this AGREEMENT, the CITY will provide the following services:

1. The CITY shall provide workers' compensation insurance or self-insurance for any work or services performed by its employees, to the extent required by law.

Section XI. Insurance Requirements.

YST shall provide and maintain insurance, acceptable to 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 AGREEMENT by YST, 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. YST shall provide the following scope and limits of insurance:
a. MINIMUM SCOPE OF INSURANCE. YST shall maintain the following types and limits of insurance.
b. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $4,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

AUTOMOBILE LIABILITY INSURANCE. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if YST has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

If the YST maintains broader coverage and/or higher limits than the minimums shown above, CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by the 12/09/2024 City Council Agenda 7 221

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YST. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

2. OTHER PROVISIONS. The insurance policies are to contain, or be endorsed to contain, the following provisions:

CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the YST including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the YST's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage For any claims related to this contract, the YST's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of the YST's insurance and shall not contribute with it.

Notice of Cancellation YST shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, YST shall forthwith obtain and submit proof of substitute IIMPWRi[Kla
Waiver of Subrogation YST hereby grants to CITY a waiver .of any right to subrogation which any insurer of said YST may acquire against CITY by virtue of the payment of any loss under such insurance. YST agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by the Contractor, its employees, agents, and subcontractors.

Self -Insured Retentions Self -insured retentions must be declared to and approved by CITY. CITY may require the YST to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or CITY.

CITY of Yucaipa
effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the YST's obligation to provide them. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors YST shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that CITY is an additional insured on insurance required from subcontractors.

Section XII. Indemnification.

1. To the fullest extent permitted by law, YST shall indemnify, protect, defend (with legal counsel reasonably selected by CITY) and hold harmless CITY and any and all of its elected and appointed officials, officers, employees, independent contractors, 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 YST or sub YST's), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert YST's or expert witnesses incurred in connection therewith, and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by YST, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. YST'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.

2. YST agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from every sub YST, subcontractor or any other person or entity involved by, for, with or on behalf of YST in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event YST fails to obtain such indemnity obligations from others as required here, YST 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 YST and shall survive the termination of this Agreement and this section.
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Section XIII. Notice.

TO CITY: CITY OF YUCAIPA
Megan Wolfe, Director of Community Services
34272 Yucaipa Blvd.

Yucaipa, CA 92399
(909) 797-2489 ext. 241
[email protected]
TO YST: Yucaipa Swim Team
P.O. BOX 505
Yucaipa CA 92399
Either PARTY hereto may, from time to time, by written notice to the other PARTY, designate a different representative or address which shall be substituted for the one above specified. If any notice or other document is sent by certified mail, as aforesaid, the same shall be deemed served or delivered on the third business day after the mailing thereof, as provided above.

Section XIV. Termination of Agreement.

1. Termination by the CITY. Should the CITY, at any time, become dissatisfied with YST's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to YST pursuant to Section XIII.

2. Termination by YST. Should YST, at any time, become dissatisfied with the CITY's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to the CITY pursuant to Section XIII.

Section XV. Surrender of Facilities.

Upon the EXPIRATION DATE, or any sooner termination pursuant to notice given in accordance with Section XIV, YST shall surrender and vacate the FACILITIES, and shall cause all its PARTICIPANTS in any game or other event or activity of the PROGRAM, to leave such FACILITIES following activity taking place. YST shall leave the FACILITIES in good condition, ordinary wear and tear excepted. Concurrently therewith, YST shall remove all non -fixed equipment and other personal property of YST from the FACILITIES. 12/09/2024 City Council Agenda 10 224

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Section XVI. Non -Discrimination.

YST shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision - making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. YST 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. YST shall include the non- discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

Section XVIL No Joint Venture or Agency Relationship.

Nothing herein contained shall be construed to place the PARTIES to this AGREEMENT in the relationship of a joint venture, association, partnership, or other form of a business organization or agency relationship. YST shall have no power to obligate or bind the CITY in any manner whatsoever. Further, under no circumstances shall YST represent itself to be an agent of the CITY or any of its departments, officials, officers, or employees. Nothing in this AGREEMENT may be construed to have authorized or vested in YST the power to be an agent of the CITY or an actor under the color of law, be it civilly or criminally.

Section XVIII. General Provisions.

1. Amendment or Modifications. This AGREEMENT may only be amended or modified only by an agreement in writing executed by all of the PARTIES to this AGREEMENT.

3. Binding Agreement. It is mutually understood and agreed that this AGREEMENT shall be binding upon the CITY and its successors and assigns, and upon YST its partners, successors, executors, administrators, and assigns.

4. Attorney's Fees. In the event of any action between CITY and YST seeking enforcement of any of the terms and conditions of this AGREEMENT, the prevailing PARTY in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonable attorney's fees.
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5. Applicable Law. California law shall govern the interpretation and enforcement of this AGREEMENT.

12. E-mail Signatures and Counterparts. The PARTIES agree that this AGREEMENT will be considered signed by a PARTY when the signature of that PARTY is delivered by 12/09/2024 City Council Agenda 12 226

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facsimile transmission and/or email. Such signature shall be treated in all respects as having the same effect as an original. This AGREEMENT may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument.

The PARTIES have executed this AGREEMENT on the latest of the dates set forth below.

ATTEST:

CITY CLERK
L91A
APPROVED AS TO FORM:

CITY ATTORNEY
261A
CITY OF YUCAIPA, a California municipal
corporation
Chris Mann, City Manager Date
YST, a California non-profit public benefit
corporation
Shelby Hernandez Date
12/09/2024 City Council Agenda 13 227

ATTACHMENT 8
12/09/2024 City Council Agenda 228

FACILITY USE AGREEMENT BETWEEN THE CITY OF YUCAIPA AND

SAND CANYON WATER POLO CLUB FOR THE USE OF THE CITY OF

YUCAIPA AND SAN BERNARDINO COMMUNITY COLLEGE DISTRICT

FACILITIES
This Facility Use Agreement ("AGREEMENT") by and between Sand Canyon Water Polo Club (SCWPC) a California non-profit public benefit corporation, and the CITY OF YUCAIPA ("CITY"), a municipal corporation, is entered into as of December 9, 2024, with reference to the following facts:

RECITALS
A. SCWPC runs a water polo team program for residents of the CITY and surrounding communities.

B. The CITY is the owner of the Yucaipa 7th Street Pool and the San Bernardino Community College District "SBCCD" is the owner of the Aquatics Center "AC". All CITY and SBCCD facilities will collectively be referred to hereinafter as "FACILITIES." For the purposes of this Agreement, CITY and SCWPC are sometimes hereinafter referred to as "PARTY" and hereinafter collectively referred to as the "PARTIES." C. The CITY and the SBCCD are parties to a separate Joint Use of Facilities Agreement for the operation of Yucaipa Community Based Aquatic Organizations "YCBAO" use of the AC.

D. SCWPC desires to use the FACILITIES for a water polo team program hereinafter referred to as "PROGRAM."
E. The CITY is willing to allow SCWPC to use the FACILITIES for its PROGRAM, subject to SCWPC's compliance with the terms of this AGREEMENT, and all other applicable CITY ordinances, rules and regulations, policies, federal, and state laws.

F. SCWPC's use of any SBCCD FACILITIES for its PROGRAM is contingent upon SBCCD's approval of such use and SCWPC's compliance with the terms of this AGREEMENT and all other applicable SBCCD rules, regulations, policies, federal, and state laws.

NOW, THEREFORE, for good and adequate consideration, the sufficiency of which is hereby acknowledged, the PARTIES hereby mutually agreed as follows:
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Section I. Term, Effective Date and Expiration Date.

This AGREEMENT shall commence on JANUARY 1, 2025 (EFFECTIVE DATE), and expire on DECEMBER 31, 2026 (EXPIRATION DATE), unless sooner terminated in accordance with the terms of this AGREEMENT.

Section II. SBCCD Approval for Use of SBCCD FACILITIES.

SCWPC use of SBCCD FACILITIES shall be subject to the following requirements:

1. SCWPC shall be granted use of the AC without charge from SBCCD, except for employee cost. Employee cost is defined as those costs of services of any District employee and salaries paid necessitated by SCWPC's use of the facilities if that employee would not otherwise be present as part of his or her normal duties such as special, after-hours, weekend, or holiday events. All employee costs for use of the AC charged by the SBCCD shall be in accordance with an employee cost schedule adopted by SBCCD.

2. This AGREEMENT does not constitute approval by the CITY of SCWPC's use of AC.

The DISTRICT shall be responsible for and have final approval authority over any facility use request submitted to the DISTRICT for use of AC by the CITY on SCWPC's behalf.

3. SCWPC shall be solely responsible for complying with any and all requirements imposed by the DISTRICT, including but expressly not limited to, submitting all information and documentation required by the DISTRICT and complying with any other DISTRICT requirements. All such requirements shall be in addition to the requirements of this AGREEMENT. CITY, DISTRICT and SCWPC shall follow all state/county public health directives regarding use of AC. DISTRICT may reduce the capacity as needed to follow these directives.

4. CITY and SBCCD will coordinate any and all use of up to nine (9) CHAC lanes as requested by SCWPC. The number of lanes assigned will be based on using an hourly average of at least four (4) swimmers in attendance per lane.

5. SCWPC shall be responsible for the conduct of all SCWPC board members, officers, employees, agents, volunteers, and all players, coaches, referees, visiting teams and spectators, participating in or attending any meet or practice of its resident swim program at the AC FACILITY, other than any CITY official or employee.

6. The locker room is not included as an approved amenity for use by SCWPC. A request must be submitted by SCWPC and authorized by SBCCD prior to use.

7. The SBCCD AC calendar will be developed by the SBCCD in conjunction with the City, SCWPC, and other YCBAO. Calendars will be reviewed on a bi-annual basis for changes, corrections and/or cancellations.
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8. SCWPC shall be solely responsible for complying with all requirements imposed by SBCCD, including but expressly not limited to, submitting all information and documentation required by SBCCD and complying with any other SBCCD requirements.

All such requirements shall be in addition to the requirements of this AGREEMENT.

Section III. FACILITIES Fees and Charges.

During the term of this AGREEMENT, SCWPC shall pay $16.00 per hour for use of half (a maximum of 9 lanes) of the pool.

2. The request.to use the Colorado Timing SCWPC will require a deposit in the amount of $1,500 and will be collected prior to the time of use. In the event the system is damaged, the deposit will be expended to offset costs associated with the repair of the system. Any additional costs thereafter will be the responsibility of SCWPC. The SBCCD has seven calendar days after usage to identify any damage or additional fees assessed to the deposit.

3. All fees and charges imposed under this AGREEMENT shall be subject to an annual CPI adjustment.

4. The CITY shall invoice SCWPC by the fifth day of each calendar month for costs incurred during the prior month. SCWPC shall process and pay in full all costs to the CITY within 30 days of receipt of invoice. All payments shall be made by cash, credit card, or check payable to the CITY OF YUCAIPA. this AGREEMENT shall be subject to

5. Use of any other CITY facility shall be subject to the CITY's standard fees and charges in effect, including a 50% discount on other CITY FACILITIES.

Section IV. PARTY Representatives.

The CITY's representative for this AGREEMENT is Megan Wolfe, Director of Community Services, or her written designee. SCWPC's representative for this AGREEMENT is Matt Carpenter or their written designee. Either PARTY may change its respective representative, by written notice to the other PARTY served in accordance with Section XIII of this AGREEMENT.

Section V. Non -Profit Status.

Prior to the EFFECTIVE DATE, SCWPC shall provide the CITY with the following documentation that confirms SCWPC compliance with 501(c)(3) non-profit status:
• A copy of State of California not -for -profit incorporation papers or tax-exempt IRS letter showing proof of current 501(c)(3) non-profit status; and A roster of officers, including names, titles, addresses, e-mail addresses, and phone 12/09/2024 City Council Agenda 3 231

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numbers. At all times during the term of this AGREEMENT, SCWPC shall maintain its 501(c)(3) non-profit status in good standing (Exhibit Q.

Section VI. SCWPC Obligations during PROGRAM.

During the term of this AGREEMENT:

1. SCWPC shall comply with the terms of this AGREEMENT and all other applicable rules, regulations, and policies of the CITY, SBCCD, federal, and state laws, when using the FACILITIES.

2. SCWPC shall designate and utilize one representative, and one alternate representative authorized to act on SCWPC's behalf with respect to all PROGRAM concerns and/or issues that may arise at the FACILITIES.

3. SCWPC shall conduct background checks on all volunteers, pursuant to California Penal Code Section 11105.3, as amended from time to time, and to provide written notice of its criminal background check policy to the parents or guardian of any youth participating in the program, pursuant to California Business & Professions Code Section 18900, as amended from time to time.

4. SCWPC shall be responsible for the conduct of all SCWPC board members, officers, employees, agents, designated volunteers, players, coaches, referees, visiting teams, and spectators "PARTICIPANTS", participating in or attending any PROGRAM at the FACILITIES, other than any CITY official or employee.

5. SCWPC and its PARTICIPANTS, participating in or attending the PROGRAM shall adhere to and comply with all FACILITY rules and regulations during the PROGRAM and shall adhere to and comply with the code of conduct for the principles of sportsmanship, fair play, and other ethical issues that relate to team sports. SCWPC shall submit a copy of the Parent, Coach, Volunteer Codes of Conduct and Player's Pledge prior to the commencement of the season and/or practices.

6. Use of the CITY FACILITIES shall be subject to the following order of priority:
• First Priority: SBCCD programs and activities
Second Priority: YCBAO in accordance with CITY's scheduling methodology
• Third Priority: Other organization's programs and activities The SCWPC's PROGRAM shall always remain subject to the review and approval, by mutual agreement, of all PARTIES involved. 12/09/2024 City Council Agenda 4 232

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7. The CITY will provide marketing support to the SCWPC for the purpose of marketing the PROGRAM, at locations and on social media platforms approved by CITY.

8. SCWPC shall be allowed to place signs, banners, or displays at/on the FACILITIES with the CITY's consent. Any such signs, banners, or displays must be in compliance with all ordinances, rules, and regulations of the CITY and/or SBCCD. SCWPC shall remove all such signs, banners, or displays promptly at the conclusion of the PROGRAM unless otherwise authorized by the CITY and/or SBCCD.

9. SCWPC shall check for any possible unsafe conditions at the FACILITIES daily, prior to use. Any unsafe conditions shall be immediately reported to the CITY Representative.

SCWPC shall be responsible for making sure that none of its PARTICIPANTS access any of the FACILITIES at which SCWPC has determined there is an unsafe condition.

10. SCWPC shall be responsible for all damages incurred to the FACILITIES at any time the PROGRAM is occurring.

11. SCWPC shall make no alterations, additions, or improvements to FACILITIES without the CITY/SBCCD prior written consent. The CITY shall not unreasonably withhold such consent for non-structural work only. All alterations, improvements, or additions, which are made to the FACILITIES by SCWPC shall become the property of the CITY/SBCCD and shall remain upon and be surrendered with the premises at the EXPIRATION DATE.

Upon expiration of this AGREEMENT, or earlier termination thereof, the FACILITIES (and any alterations or additions thereto) shall be free, clear and unencumbered, and SCWPC shall defend and indemnify the CITY/SBCCD against any future claims arising in connection with any encumbrance placed upon or allowed to be placed upon the FACILITIES by SCWPC. Notwithstanding the above, this paragraph shall not apply to SCWPC's trade fixtures, furniture, equipment, or other machinery, which are not affixed to the FACILITIES in a manner, so that they cannot be removed without material or structural damage to the FACILITIES, which shall remain the property of SCWPC and may be removed by SCWPC on or before the EXPIRATION DATE of this AGREEMENT.

Section VII. Independent Contractor Status.

1. In the performance of this AGREEMENT, SCWPC is and shall always remain as to the CITY an independenf contractor. As an independent contractor, SCWPC and its PARTICIPANTS, are not employees of the CITY, and are not members of the personnel systems of the CITY. As such, SCWPC and its PARTICIPANTS shall not have any rights or benefits of an employee under
a. any personnel, employment, or other ordinances, codes, regulations, resolutions, policies, or rules of the CITY relating to employees, or (ii) any 12/09/2024 City Council Agenda 233

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Memorandum of Understanding between the CITY and any of the CITY's bargaining units.

This section does not preclude any CITY employee from volunteering on their personal time to serve in the capacity of a volunteer referee, coach, or board member.

2. At no time during this AGREEMENT shall SCWPC, or any of its PARTICIPANTS represent orally or in writing that SCWPC is a CITY program or activity, or that any PARTICIPANT or any of SCWPC's board members, officers, employees, agents, or volunteers are employees of the CITY. At no time during the term of this AGREEMENT shall SCWPC or any of SCWPC PARTICIPANTS wear any uniform or display or carry any badge, button, or identification that identifies them as employees of the CITY.

Section VIII. Use of CITY Logo or Name.

SCWPC shall not use the CITY's logo/seal without the prior written consent of the CITY.

Section IX. No Assignment.

1. SCWPC shall not assign or transfer this AGREEMENT, in whole or in part, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

2. SCWPC shall not lease, sublease, assign, license, or transfer any portion of the FACILITIES, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

Section X. CITY Services.

During the term of this AGREEMENT, the CITY will provide the following services:

1. The CITY shall provide workers' compensation insurance or self-insurance for any work or services performed by its employees, to the extent required by law.

Section XI. Insurance Requirements.

1. SCWPC shall provide and maintain insurance, acceptable to CITY, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages 12/09/2024 City Council Agenda 6 234

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to property which may arise from or in connection with the performance of the AGREEMENT by SCWPC, 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. SCWPC shall provide the following scope and limits of insurance:
a. MINIMUM SCOPE OF INSURANCE. SCWPC shall maintain the following types and limits of insurance.
b. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $4,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

AUTOMOBILE LIABILITY INSURANCE. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if SCWPC has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

If the SCWPC maintains broader coverage and/or higher limits than the minimums shown above, CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by the SCWPC. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

2. OTHER PROVISIONS. The insurance policies are to contain, or be endorsed to contain, the following provisions:

CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the SCWPC including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the SCWPC's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage For any claims related to this contract, the SCWPC's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects CITY, its 12/09/2024 City Council Agenda 7 235

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officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of the SCWPC's insurance and shall not contribute with it.

Notice of Cancellation SCWPC shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, SCWPC shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation SCWPC hereby grants to CITY a waiver of any right to subrogation which any insurer of said SCWPC may acquire against CITY by virtue of the payment of any loss under such insurance. SCWPC agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by the Contractor, its employees, agents, and subcontractors.

Self -Insured Retentions Self -insured retentions must be declared to and approved by CITY. CITY may require the SCWPC to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or CITY.

Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless, otherwise acceptable to CITY
Verification of Coverage SCWPC shall furnish CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the SCWPC's obligation to provide them. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors SCWPC shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that CITY is an additional insured on insurance required from subcontractors.

Section XII. Indemnification.
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To the fullest extent permitted by law, SCWPC shall indemnify, protect, defend (with legal counsel reasonably selected by CITY) and hold harmless CITY and any and all of its elected and appointed officials, officers, employees, independent contractors, 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 SCWPC or sub SCWPC's), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert SCWPC's or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by SCWPC, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. SCWPC'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.

2. SCWPC agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from every sub SCWPC, subcontractor or any other person or entity involved by, for, with or on behalf of SCWPC in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event SCWPC fails to obtain such indemnity obligations from others as required here, SCWPC 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 SCWPC and shall survive the termination of this Agreement and this section.

Section XIII. Notice.

CITY of Yucaipa
TO CITY. CITY OF YUCAIPA
Megan Wolfe, Director of Community Services
34272 Yucaipa Blvd.

Yucaipa, CA 92399
(909) 797-2489 ext. 241
[email protected]
TO SCWPC: Sand Canyon Water Polo Club
33970 Golden Crown Way
Yucaipa CA 92399
Either PARTY hereto may, from time to time, by written notice to the other PARTY, designate a different representative or address which shall be substituted for the one above specified. If any notice or other document is sent by certified mail, as aforesaid, the same shall be deemed served or delivered on the third business day after the mailing thereof, as provided above.

Section XIV. Termination of Agreement.

1. Termination by the CITY. Should the CITY, at any time, become dissatisfied with SCWPC's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to SCWPC pursuant to Section XIII.

2. Termination by SCWPC. Should SCWPC, at any time, become dissatisfied with the CITY's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to the CITY pursuant to Section XIII.

Section XV. Surrender of Facilities.

Upon the EXPIRATION DATE, or any sooner termination pursuant to notice given in accordance with Section XIV, SCWPC shall surrender and vacate the FACILITIES, and shall cause all its PARTICIPANTS in any game or other event or activity of the PROGRAM, to leave such FACILITIES following activity taking place. SCWPC shall leave the FACILITIES in good condition, ordinary wear and tear excepted. Concurrently therewith, SCWPC shall remove all non - fixed equipment and other personal property of SCWPC from the FACILITIES.

Section XVI. Non -Discrimination.

SCWPC shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision -making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. SCWPC shall comply with 12/09/2024 City Council Agenda 10 238

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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. SCWPC shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

Section XVII. No Joint Venture or Agency Relationship.

Nothing herein contained shall be construed to place the PARTIES to this AGREEMENT in the relationship of a joint venture, association, partnership, or other form of a business organization or agency relationship. SCWPC shall have no power to obligate or bind the CITY in any manner whatsoever. Further, under no circumstances shall SCWPC represent itself to be an agent of the CITY or any of its departments, officials, officers, or employees. Nothing in this AGREEMENT may be construed to have authorized or vested in SCWPC the power to be an agent of the CITY or an actor under the color of law, be it civilly or criminally.

Section XVIII. General Provisions.

1. Amendment or Modifications. This AGREEMENT may only be amended or modified only by an agreement in writing executed by all of the PARTIES to this AGREEMENT.

Binding Agreement. It is mutually understood and agreed that this AGREEMENT shall be binding upon the CITY and its successors and assigns, and upon SCWPC its partners, successors, executors, administrators, and assigns.

4. Attorney's Fees. In the event of any action between CITY and SCWPC seeking enforcement of any of the terms and conditions of this AGREEMENT, the prevailing PARTY in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonable attorney's fees.

Applicable Law. California law shall govern the interpretation and enforcement of this AGREEMENT.

CITY of Yucaipa
Court. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

CITY of Yucaipa
The PARTIES have executed this AGREEMENT on the latest of the dates set forth below.

ATTEST:

CITY CLERK
IN
APPROVED AS TO FORM:

CITY ATTORNEY
IN
CITY OF YUCAIPA, a California municipal
corporation
Chris Mann, City Manager Date
SCWPC, a California non-profit public benefit
corporation
Matt Carpenter Date
12/09/2024 City Council Agenda 13 241

ATTACHMENT 9
12/09/2024 City Council Agenda 242

FACILITY USE AGREEMENT BETWEEN THE CITY OF YUCAIPA AND
YUCAIPA PICKLEBALL INC. FOR THE USE OF THE CITY OF YUCAIPA

AND YUCAIPA-CALIMESA JOINT UNIFIED SCHOOL DISTRICT

FACILITIES
This Facility Use Agreement ("AGREEMENT") by and between Yucaipa Pickleball Inc., (YPI) a California non-profit public benefit corporation, and the CITY OF YUCAIPA ("CITY"), a municipal corporation, is entered into as of December 9, 2024, with reference to the following facts:

RECITALS
A. YPI runs a Pickleball Club for residents of the CITY and surrounding communities.

B. All CITY facilities will be referred to hereinafter as "FACILITIES". For the purposes of this Agreement, CITY and YPI are sometimes hereinafter referred to as "PARTY" and hereinafter collectively referred to as the "PARTIES."
C. YPI desires to use the FACILITIES for Pickleball hereinafter referred to as "PROGRAM." D. The CITY is willing to allow YPI to use the FACILITIES for its PROGRAM, subject to YPI's compliance with the terms of this AGREEMENT, and all other applicable CITY ordinances, rules and regulations, policies, federal, and state laws.

NOW, THEREFORE, for good and adequate consideration, the sufficiency of which is hereby acknowledged, the PARTIES hereby mutually agreed as follows:

Section I. Term, Effective Date and Expiration Date.

This AGREEMENT shall commence on JANUARY 1, 2025 (EFFECTIVE DATE), and expire on DECEMBER 31, 2026 (EXPIRATION DATE), unless sooner terminated in accordance with the terms of this AGREEMENT.

Section II. FACILITIES Fees and Charges.

1. During the term of this AGREEMENT, YPI shall pay for the use of CITY FACILITIES as follows:
a. Year 1
• City of Yucaipa Pickleball Courts - $2.00 per hour per court • Lights at 71h Street - $2.50 per hour per zone
• Deposit - $500.00 refundable
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b. Year 2
• City of Yucaipa Pickleball Courts - $3.00 per hour per court • Lights at 71h Street - $2.50 per hour per zone
• Deposit - $500.00 refundable

2. All fees and charges imposed under this AGREEMENT shall be subject to any annual or other periodic increase or change in such fees adopted by the CITY Council.

3. The CITY shall invoice YPI by the fifth day of each calendar month for costs incurred during the prior month. YPI shall process and pay in full all costs to the CITY within 30 days of receipt of invoice. All payments shall be made by cash, credit card, or check payable to the CITY OF YUCAIPA.

4. Use of any other CITY facility shall be subject to the CITY's standard fees and charges in effect, including a 50% discount on other CITY FACILITIES.

Section III. PARTY Representatives.

The CITY's representative for this AGREEMENT is Megan Wolfe, Director of Community Services, or her written designee. YPI's representative for this AGREEMENT is Patty Ingram or their written designee. Either PARTY may change its respective representative, by written notice to the other PARTY served in accordance with Section XII of this AGREEMENT.

Section IV. Non -Profit Status.

Prior to the EFFECTIVE DATE, YPI shall provide the CITY with the following documentation that confirms YPI compliance with 501(c)(3) non-profit status:
• A copy of State of California not -for -profit incorporation papers or tax-exempt IRS letter showing proof of current 501(c)(3) non-profit status; and A roster of officers, including names, titles, addresses, e-mail addresses, and phone numbers. At all times during the term of this AGREEMENT, YPI shall maintain its 501(c)(3) non-profit status in good standing (Exhibit Q.

Section V. YPI Obligations during PROGRAM.

During the term of this AGREEMENT:

YPI shall comply with the terms of this AGREEMENT and all other applicable rules, regulations, and policies of the CITY, YCJUSD, federal, and state laws, when using the FACILITIES.
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2. YPI shall designate and utilize one representative, and one alternate representative authorized to act on YPI's behalf with respect to all PROGRAM concerns and/or issues that may arise at the FACILITIES.

3. YPI shall conduct background checks on all volunteers, pursuant to California Penal Code Section 11105.3, as amended from time to time, and to provide written notice of its criminal background check policy to the parents or guardian of any youth participating in the program, pursuant to California Business & Professions Code Section 18900, as amended from time to time.

4. YPI shall be responsible for the conduct of all YPI board members, officers, employees, agents, designated volunteers, players, coaches, referees, visiting teams, and spectators ("PARTICIPANTS"), participating in or attending any PROGRAM at the FACILITIES, other than any CITY official or employee.

5. YPI and its PARTICIPANTS, participating in or attending the PROGRAM shall adhere to and comply with all FACILITY rules and regulations during the PROGRAM and shall adhere to and comply with the code of conduct for the principles of sportsmanship, fair play, and other ethical issues that relate to team sports. YPI shall submit a copy of the Parent, Coach, Volunteer Codes of Conduct and Player's Pledge prior to the commencement of the season and/or practices.

6. Use of the CITY FACILITIES shall be subject to the following order of priority:
• First Priority: CITY programs and activities
• Second Priority: YPI in accordance with CITY's scheduling methodology
The YPI's PROGRAM shall always remain subject to the review and approval, by mutual agreement, of all PARTIES involved.

7. The CITY will provide marketing support to the YPI for the purpose of marketing the PROGRAM, at locations and on social media platforms approved by CITY.

8. Postponement or cancellation of use shall be reported immediately by YPI to the CITY's representative. Cancellation of weeknight usage is required at least 48 hours in advance.

Cancellation of weekend usage must take place at least 96 hours in advance. In the case of inclement weather or FACILITY closures YPI will not be charged for use.

9. YPI shall be allowed to place signs, banners, or displays at/on the FACILITIES with the CITY's consent. Any such signs, banners, or displays must be in compliance with all ordinances, rules, and regulations of the CITY. YPI shall remove all such signs, banners, 12/09/2024 City Council Agenda 3 245

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or displays promptly at the conclusion of the PROGRAM unless otherwise authorized by the CITY.

10. YPI shall check for any possible unsafe conditions at the FACILITIES daily, prior to use.

Any unsafe conditions shall be immediately reported to the CITY Public Works Manager at (909) 649-9581. YPI shall be responsible for making sure that none of its PARTICIPANTS access any of the FACILITIES at which YPI has determined there is an unsafe condition.

11. YPI shall be responsible for all damages incurred to the FACILITIES at any time the PROGRAM is occurring.

12. YPI shall make no alterations, additions, or improvements to FACILITIES without the CITY prior written consent. The CITY shall not unreasonably withhold such consent for non-structural work only. All alterations, improvements, or additions, which are made to the FACILITIES by YPI shall become the property of the CITY and shall remain upon and be surrendered with the premises at the EXPIRATION DATE. If process is not followed YPI will lose deposit. Upon expiration of this AGREEMENT, or earlier termination thereof, the FACILITIES (and any alterations or additions thereto) shall be free, clear and unencumbered, and YPI shall defend and indemnify the CITY against any future claims arising in connection with any encumbrance placed upon or allowed to be placed upon the FACILITIES by YPI. Notwithstanding the above, this paragraph shall not apply to YPI's trade fixtures, furniture, equipment, or other machinery, which are not affixed to the FACILITIES in a manner, so that they cannot be removed without material or structural damage to the FACILITIES, which shall remain the property of YPI and may be removed by YPI on or before the EXPIRATION DATE of this AGREEMENT.

Section VI. Independent Contractor Status.

1. In the performance of this AGREEMENT, YPI is and shall always remain as to the CITY an independent contractor. As an independent contractor, YPI and its PARTICIPANTS, are not employees of the CITY, and are not members of the personnel systems of the CITY. As such, YPI and its PARTICIPANTS shall not have any rights or benefits of an employee under
a. any personnel, employment, or other ordinances, codes, regulations, resolutions, policies, or rules of the CITY relating to employees, or (ii) any Memorandum of Understanding between the CITY and any of the CITY's bargaining units.

This section does not preclude any CITY employee from volunteering on their personal time to serve in the capacity of a volunteer referee, coach, or board member.
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2. At no time during this AGREEMENT shall YPI, or any of its PARTICIPANTS represent orally or in writing that YPI is a CITY program or activity, or that any PARTICIPANT or any of YPI's board members, officers, employees, agents, or volunteers are employees of the CITY. At no time during the term of this AGREEMENT shall YPI or any of YPI PARTICIPANTS wear any uniform or display or carry any badge, button, or identification that identifies them as employees of the CITY.

Section VII. Use of CITY Logo or Name.

YPI shall not use the CITY's logo/seal without the prior written consent of the CITY.

Section VIII. No Assignment.

1. YPI shall not assign or transfer this AGREEMENT, in whole or in part, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

2. YPI shall not lease, sublease, assign, license, or transfer any portion of the FACILITIES, without the prior written consent of the CITY, which the CITY may grant or withhold in its sole discretion.

Section IX. CITY Services.

During the term of this AGREEMENT, the CITY will provide the following services:

The CITY shall provide workers' compensation insurance or self-insurance for any work or services performed by its employees, to the extent required by law.

The CITY may, in its sole discretion, determine how the services provided under this AGREEMENT will be accomplished and may contract or assign any obligations to provide services without notice or consent of YPI.

Section X. Insurance Requirements.

YPI shall provide and maintain insurance, acceptable to 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 AGREEMENT by YPI, 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. YPI shall provide the following scope and limits of insurance:
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a. MINIMUM SCOPE OF INSURANCE. YPI shall maintain the following types and limits of insurance.
b. MINIMUM LIMITS OF INSURANCE.

AUTOMOBILE LIABILITY INSURANCE. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if YPI has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Professional Liability (Errors and Omissions) Insurance appropriates to the YPI's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the [YPI] must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to CITY for review.

If the YPI maintains broader coverage and/or higher limits than the minimums shown above, CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by the YPI.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

2. OTHER PROVISIONS. The insurance policies are to contain, or be endorsed to contain, the following provisions:

CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the YPI including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the YPI's insurance (at least as broad as ISO Form CG 20 10 12/09/2024 City Council Agenda 6 248

CITY of Yucaipa
11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage For any claims related to this contract, the YPI's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of the YPI's insurance and shall not contribute with it.

Notice of Cancellation YPI shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, YPI shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation YPI hereby grants to CITY a waiver of any right to subrogation which any insurer of said YPI may acquire against CITY by virtue of the payment of any loss under such insurance. YPI agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by the Contractor, its employees, agents, and subcontractors.

Self -Insured Retentions Self -insured retentions must be declared to and approved by CITY. CITY may require the YPI to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or CITY.

Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to CITY
Verification of Coverage YPI shall furnish CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the YPI's obligation to provide them. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors YPI shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that CITY is an additional insured on insurance required from subcontractors.
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Special Risks or Circumstances CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Section XI. Indemnification.

1. To the fullest extent permitted by law, YPI shall indemnify, protect, defend (with legal counsel reasonably selected by CITY) and hold harmless CITY and any and all of its elected and appointed officials, officers, employees, independent contractors, 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 YPI or sub YPI's), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert YPI's or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by YPI, its officers, agents, employees, representatives, subcontractors, anyone directly or indirectly employed by any of them, or anyone that they control. YPI'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.

2. YPI agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from every sub YPI, subcontractor or any other person or entity involved by, for, with or on behalf of YPI in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event YPI fails to obtain such indemnity obligations from others as required here, YPI 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 YPI and shall survive the termination of this Agreement and this section.

Section XII. Notice.

CITY of Yucaipa
TO CITY: CITY OF YUCAIPA
Megan Wolfe, Director of Community Services
34272 Yucaipa Blvd.

Yucaipa, CA 92399
(909) 797-2489 ext. 241
[email protected]
TO YPI: Yucaipa Pickleball Inc.

Either PARTY hereto may, from time to time, by written notice to the other PARTY, designate a different representative or address which shall be substituted for the one above specified. If any notice or other document is sent by certified mail, as aforesaid, the same shall be deemed served or delivered on the third business day after the mailing thereof, as provided above.

Section XIII. Termination of Agreement.

1. Termination by the CITY. Should the CITY, at any time, become dissatisfied with YPI's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to YPI pursuant to Section XII.

2. Termination by YPI. Should YPI, at any time, become dissatisfied with the CITY's performance under this AGREEMENT, it may terminate the AGREEMENT immediately upon giving written notice to the CITY pursuant to Section XII.

Section XIV. Surrender of Facilities.

Upon the EXPIRATION DATE, or any sooner termination pursuant to notice given in accordance with Section XIII, YPI shall surrender and vacate the FACILITIES, and shall cause all its PARTICIPANTS in any game or other event or activity of the PROGRAM, to leave such FACILITIES following activity taking place. YPI shall leave the FACILITIES in good condition, ordinary wear and tear excepted. Concurrently therewith, YPI shall remove all non -fixed equipment and other personal property of YPI from the FACILITIES.

Section XV. Non -Discrimination.

YPI shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision - making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. YPI shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the 12/09/2024 City Council Agenda 9 251

CITY of Yucaipa
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. YPI shall include the non- discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

Section XVI. No Joint Venture or Agency Relationship.

Nothing herein contained shall be construed to place the PARTIES to this AGREEMENT in the relationship of a joint venture, association, partnership, or other form of a business organization or agency relationship. YPI shall have no power to obligate or bind the CITY in any manner whatsoever. Further, under no circumstances shall YPI represent itself to be an agent of the CITY or any of its departments, officials, officers, or employees. Nothing in this AGREEMENT may be construed to have authorized or vested in YPI the power to be an agent of the CITY or an actor under the color of law, be it civilly or criminally.

Section XVII. General Provisions.

1. Amendment or Modifications. This AGREEMENT may only be amended or modified only by an agreement in writing executed by all of the PARTIES to this AGREEMENT.

3. Binding Agreement. It is mutually understood and agreed that this AGREEMENT shall be binding upon the CITY and its successors and assigns, and upon YPI its partners, successors, executors, administrators, and assigns.

4. Attorney's Fees. In the event of any action between CITY and YPI seeking enforcement of any of the terms and conditions of this AGREEMENT, the prevailing PARTY in such action shall be awarded, in addition to damages, injunctive or other relief, reasonable costs and expenses and reasonable attorney's fees.

5. Applicable Law. California law shall govern the interpretation and enforcement of this AGREEMENT.

CITY of Yucaipa

CITY of Yucaipa
The PARTIES have executed this AGREEMENT on the latest of the dates set forth below.

ATTEST:

CITY CLERK
APPROVED AS TO FORM:

CITY ATTORNEY
CITY OF YUCAIPA, a California municipal
corporation
Chris Mann, City Manager Date
YPI, a California non-profit public benefit
corporation
Patty Ingram Date
12/09/2024 City Council Agenda 12 254

Agenda Item No. 11

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer L
Todd Gutjahr, Public Works Analyst
FOR: City Council Meeting of December 9, 2024
SUBJECT: Offers of Dedication for Road and Public Purposes RECOMMENDATION:

That the City Council:
1) Approve and accept an irrevocable Offer of Dedication for Public Roads and Public Utilities from Pete and Maria Ramirez on property identified as APN: 0302-262-53; and
2) Approve and accept an irrevocable Offer of Dedication for Public Street Purposes from Yucaipa Retail Partners, LLC on APN: 0303-101-25; and
3) Approve and accept an irrevocable Offer of Dedication for Public Street Purposes from Norma II Yucaipa Logistics Center, LLC on APN: 0318-213-15; and 4) Authorize the City Manager, or his designee, to execute the necessary documents to complete the acceptance process.

BACKGROUND/DISCUSSION:

Offers of dedication for roads and public purposes in the form of an easement from private property owners are typically required for the benefit of the public when a property is developed.

City Council approval is required to accept offers of dedication.

APN: 0302-262-53 (34991 Holly Avenue)
As a condition of approval for the construction of a new single-family residence to be located at 34991 Holly Avenue, the property owner is required to dedicate to the City an additional 20-feet of right-of-way along Holly Avenue and an additional 10-feet of right-of-way along Country Lane. This Offer of Dedication provides the City with the half street right-of-way widths required by the General Plan.
12/09/2024 City Council Agenda 255

APN: 0303-101-25
In order to facilitate the relocation of an existing Omnitrans bus stop located near the northwest corner of Yucaipa Boulevard and Oak Glen Road, City staff coordinated with the property owner, Yucaipa Retail Partners, LLC (YRP) and Omnitrans to identify a more suitable location. The coordination with YRP and Omnitrans was conducted to ensure the relocated bus stop could be constructed within the public right-of-way, as well as meeting the requirements of the TDA grant program that will partially fund the construction of the proposed bus stop improvements. The proposed relocation of the bus stop to the west of the existing commercial driveway has been approved by Omnitrans to meet the grant program requirements, and was also identified to offer safety and access enhancements for both the shopping center as well as bus passengers. YRP has offered to dedicate additional right-of-way required to accommodate the public sidewalk and the relocation of the existing bus stop. This Offer of Dedication provides the City with the half -street right-of-way widths required by the General Plan.

APN: 0318-213-15
On July 2, 2022, the Planning Commission approved Case No. 21-138 CUP/ARC (Conditional Use Permit) for the construction of a 363,000 square foot concrete warehouse. The project is situated on 19 acres at the corner of 7th Place and County Line Lane. As part of the Conditions of Approval, the street improvements along 7`h Place and County Line Lane fronting the development are being constructed as required by the General Plan. This Offer of Dedication provides the City with half street right-of-way widths required by the General Plan.

FISCAL IMPACT:

The recommendations do not result in a fiscal impact.

Attachments:

1. Location Map: APN: 0302-262-53

2. Offer of Dedication: APN: 0302-262-53

3. Location Map: APN: 0303-101-25

4.Offer of Dedication: APN: 0303-101-25

5. Location Map: APN: 0318-213-15

6. Offer of Dedication: APN: 0318-213-15
Approved by:
12/09/2024 City Council Agenda 256

ATTACHMENT
12/09/2024 City Council Agenda 257

T
RF��gNOs

TO PALM

SPRINGS
0302-262-53
12/09/2024 City Council Agenda
258

ATTACHMENT 2
12/09/2024 City Council Agenda 259

RECORDING REQUESTED BY AND
MAIL TO:

CITY OF YUCAIPA, CITY CLERK
34272 YUCAIPA BOULEVARD
YUCAIPA, CA 92399
Township_ Range_ Sec.

Name:

Action: SFR Parcel
This is to certify that the Dedication
offered by this instrument is acknowledged
and consent given for the recordation hereof
by action of die City Council for the City of
Yucaipa on in accordance with Government Code
Section 27281.

Date
By
City Clerk

SPACE ABOVE FOR RECORDER'S USE ONLY
APN-0302-262-53-0000 OFFER OF DEDICATION
(Government Code 7050)
THE UNDERSIDGNED Pete and Maria Ramirez hereby irrevocably OFFER TO DEDICATE to the CITY OF YUCAIPA, a BODY CORPORATE AND POLITIC OF THE STATE OF CALIFORNIA, and to the PUBLIC IN GENERAL, an EASEMENT for Public Roads and Public Utilities in, under, over, through and across the following described real property in the County of San Bernardino, State of California:

See EXHIBIT "A" AND "B" attached hereto and made a part of this document. i
Dated: 06/13/2024 By:

PETE RAMIREZ

MARIA RAMIREZ
(Please attach All -Purpose Acknowledgment)
See, lied
Cert�
12/09/2024 City Council Agenda 260

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

State of California
County of San Bernardino
Onbefore me,
Alejandra Hernandez, Notary Public
Name of Notary Public. Title
personally appeared �(' � � tikVA,\ YC2.,
Marne of Signer ('1)
[\A (A (A V->) i Xt z
Name of Signer (2)
who proved to me on the basis of satisfactory evidence to be the person s)- whose namers),i -is/are subscribed to the within instrument and acknowledged to me that he/s-he/they execufed the same in hisMer/their authorized capacity Ies), and that by his/-her/their signatureCs-) on the instrument the person(tp},, or the entity upon be alf of which the person' acted, executed the instrument.

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

WITNESS my hand and official seal. �AlE-JANDIR4%HERNIOIDEZDa) (13 �V 1,t COMM ... 2342416 q
NOTARY PUBLIG-CNI-IFOMIA —t
.,
/ �,,n 6 u SAPI pEfiN1tR01?d0 COUP3TY LJ
fB�t i-gp Enp. Jan.19 202�
l Signature of Notary Public
v OPTIONAL INFORMATION
Although the infonriation in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknotvledgment to an unauthorized document and may prove useful to persons relying on the attached document.

Description of Attached Document
The preceding Certificate of Acknownlegrrnent is attached to a document titled/f r the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -fact
❑ Corporate Officer(s)
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:

Title(s)
Names) or Person(s) Enlity(ies) Signer is Representing
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
❑ form(s) of identification ❑ credible witness(es)
Notarial event is detailed in notary journal on:

Page # Entry #
Notary contact:

Other
❑ Additional Signer ❑ Signer(s) Thumbprints(s)
@ 2009-2015 Notary Learning Center - All Rights Reserved You can purchase copies of this form from our web site at www.TheMotalysStore.com 12/09/2024 City Council Agenda 261

EXHIBIT `A'

OFFER OF DEDICATION

LEGAL DESCRIPTION

THAT PORTION OF THE LAND SITUATED IN THE CITY OF YUCAIPA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 44 OF YUCAIPA GATEWAY COLONY SUBDIVISION NO. 3, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 20 OF MAPS, PAGES 30 THROUGH 32, INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; EXCEPTING THEREFROM, THE SOUTH 271 FEET; ALSO EXCEPTING THEREFROM THE EAST 138.00 FEET.

THE ABOVE LEGAL DESCRIPTION IS PURSUANT TO THE CERTIFICATE OF COMPLIANCE NO. 960018, RECORDED AUGUST 13, 1996, INSTRUMENT NO. 96-0293887, OFFICIAL RECORDS.

APN 0302-262-53
PARCEL `A'

BEGINNING AT A POINT ON THE EAST LINE OF SAID LAST DESCRIBED LAND, LYING SOUTHERLY THEREON, PARALLEL WITH AND 20 FEET SOUTHERLY OF THE NORTH LINE OF SAID LAND;
THENCE WESTERLY SOUTH 890 59' 31" WEST, 165.11 FEET ALONG SAID PARALLEL LINE TO AN ANGLE POINT;
THENCE LEAVING SAID PARALLEL LINE, SOUTH 440 49'28" WEST TO A POINT LYING

10.00 FEET EASTERLY OF THE WEST LINE OF SAID LAST DESCRIBED LAND; THENCE SOUTH 89049'57" WEST, 10.00 FEET TO A POINT IN SAID LAST MENTIONED WEST LINE;
THENCE ALONG SAID WEST LINE NORTH 00010'03" WEST, 39.99 FEET TO A POINT ON THE NORTH LINE OF SAID LAST DESCRIBED LAND;
THENCE NORTH 89048'01" EAST, 196.17 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID LAST MENTIONED LAND;
THENCE SOUTH 00010'03" EAST, 20.00 FEET ALONG THE EAST LINE OF SAID LAST DESCRIBED LAND TO THE POINT OF BEGINNING.
1 of 2
12/09/2024 City Council Agenda 262

PARCEL `B'
BEING THE WEST 10 FEET OF LOT 44 OF YUCAIPA GATEWAY COLONY SUBDIVISION NO. 3, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 20 OF MAPS, PAGES 30 THROUGH 32, INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY;
EXCEPTING THEREFROM, THE SOUTH 271 FEET; ALSO EXCEPTING THEREFROM THE EAST 138.00 FEET.

THE ABOVE LEGAL DESCRIPTION IS PURSUANT TO THE CERTIFICATE OF COMPLIANCE NO. 960018, RECORDED AUGUST 13, 1996, INSTRUMENT NO. 96-0293887, OFFICIAL RECORDS.

APN 0302-262-53

ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THAT LAND DESCRIBED AS FOLLOWS;

BEGINNING AT A POINT ON THE EAST LINE OF SAID LAST DESCRIBED LAND, LYING SOUTHERLY THEREON, PARALLEL WITH AND 20 FEET SOUTHERLY OF THE NORTH LINE OF SAID LAND;
THENCE WESTERLY SOUTH 890 59' 3 1 " WEST, 165.11 FEET ALONG SAID PARALLEL LINE TO AN ANGLE POINT;
THENCE LEAVING SAID PARALLEL LINE, SOUTH 44° 49'28" WEST TO A POINT LYING

STEPHEN H. HACKETT, PLS 5129
1 JUNE 2024
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2 of 2
12/09/2024 City Council Agenda 263

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ca �i REVOCABLE LIVING TRUST 1-6-00
APN: 0302-262-52-0000
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12/09/2024 City Council Agenda 264

ATTACHMENT 3
12/09/2024 City Council Agenda 265

LOCATION MAP
N. T. S.

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12/09/2024 City Council Agenda
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266

ATTACHMENT 4
12/09/2024 City Council Agenda 267

RECORDING REQUESTED BY AND
MAIL TO:

CITY Or YUCAIPA, CITY CLERK
34272 YUCAIPA BOULEVARD
YUCAIPA, CA 92399
This is to certify that the Dedication
offered by this instrument is accepted
and consent given for the recordation hereof
by action of the City Council forthe City of
Yucaipa on in accordance with Government Code
Section 27281.

Date
By _
City Clerk
Gove,nunent Code 6103 SPACE ABOVE FOR RECORDER'S USE
ONLY
Recording Fee 0
APN: 0303-101-25-0000 OFFER OF DEDICATION
(Government Code 7050)
THE UNDERSIGNED Yucaipa Retail Partners, LLC hereby irrevocably OFFER TO DEDICATE to the CITY OF YUCAIPA, a MUNICIPAL CORPORATE AND POLITIC OF THE STATE OF CALIFORNIA, and to the PUBLIC IN GENERAL, an EASEMENT for Public Roads and Public Utilities in, under, over, through and across the following described real property in the County of San Bernardino, State of California:

See EXHIBIT "A" AND "B" attached hereto and made a part of this document.

Dated: lb l.2 Z Z Gl' By:

Matthew M. Bovee, Managing Partner
(Please attach All -Purpose Acknowledgment)
12/09/2024 City Council Agenda 268

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

State of California •�
County of D12 R1116 G }
On /0 �2 ,ZQ Z y before me, f*,, }HAD ? * L% jA '-T
(insert name and title of the officer)
personally appeared _/`?t}% Ti5<�LJ r/• fSQ V&Z?
who proved to me on the basis of satisfactory evidence to be the person() whose namesjb`} isles subscribed to the within instrument and acknowledged to me that he/Ve/tv executed the same in his1Vr1thjKr authorized capacity(iee, and that by his/q4r/tl & signature(g) on the instrument the person(,}, or the entity upon behalf of which the persono acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ---,-L - —)
,£rhF MOHAMAD T. YOUNES
N a COMM. # 2443016 X
i a NOTARY PUBLIC-CALIFORNIA ,00

ORANGE COUNTY N
°ate MY COMM. EXP. APRIL 1, 2027
(Seal)
12/09/2024 City Council Agenda
269

EXHIBIT "A

OFFER OF DEDICATION

LEGAL DESCRIPTION
A PORTION OF PARCEL 8 OF PARCEL MAP NO. 13021, IN THE CITY OF YUCAIPA,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 181 OF PARCEL MAPS AT PAGES 2A THROUGH 32 INCLUSIVE, IN

THE OFFICE OF COUNTY RECORDER OF SAID COUNTY,
LYING NORTHERLY OF THE NORTHERLY RIGHT —OF WAY LINE
OF YUCAIPA BOULEVARD AS SHOWN ON SAID PARCEL MAP NO. 13021 DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF YUCAIPA BOULEVARD AND OAK GLEN ROAD NORTH AS SHOWN ON SAID PARCEL MAP NO.13021

COMMENCING AT THE INTERSECTION OF YUCAIPA BOULEVARD AND OAK GLEN ROAD NORTH AS SHOWN ON SAID PARCEL MAP NO.13021:

THENCE SOUTH OF YUCAIPA
THENCE NORTH 0'29� 9' ESTT35.002FEETETO THEALOGSOUTHEwwESTNCORNER OF SAID PARCELBOULEVARD; 8 OF SAID PARCEL MP 1 021 AND THE POINT OF 8EGINNING ALSO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY KITH A RADIUS OF 2940.00 FEET A RADIAL BEARING OF NORTH 33 '34 ' 52" EST:

THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1'07'36" A LENGTH OF 57.81 FEET, ALONG THE WESTERLY LINE OF SAID PARCEL 8:

THENCE NORTH 87'32'42" EAST 262.10 FEET:

THENCE NORTH 34'04'05" EAST 5,56 FEET;
THENCE NORTH 87'38'00" EAST 41.14' FEET AND THE BEGININNIG OF CURVE CONCAVE NORTHEASTERLY WITH A RADIAL BEARING OF SOUTH 87'38'00" WEST A RADIUS OF 11.00 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'05'14" A LENGTH OF

17.10 FEET;
THENCE NORTH B7'31'50" EAST 99.31 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 17.50 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34'43'47" A LENGTH OF

10.51 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 21.50 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43*31'55" A LENGTH OF

16.34 FEET:

THENCE NORTH 65'55'34" EAST 27.21 FEET TO RIGHT OF WAY OF OAK GLEN ROAD, BEING 54.00' FROM THE CENTERLINE OF OAK GLEN ROAD AND ON A CURVE CONCAVE EASTERLY WITH A RADIUS OF 608.00 FEET AND A RADIAL BEARING OF NORTH 75'35'38" WEST;
THENCE ALONG SAID RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 3'32'32" A LENGTH OF 37.59 TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET AND A RADIAL BEARING OF NORTH 79"09'08" NEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 75'28'57" A LENGTH OF

26.35 FEET TO THE NORTHERLY RIGHT OF NAY OF YUCAIPA BOULEVARD AND THE BEGINNINIG OF A CURVE CONCAVE NORTHERLY A RADIUS OF 5694.68 FEET

THENCE ALONG SAID RIGHT OF WAY AND CURVE THROUGH A CENTRAL ANGLE OF 3'10'42" A LENGTH 315.89 FEET:

THENCE CONTINUING ALONG SAID RIGHT OF WAY SOUTH 89' 30'31" WEST 170.56 FEET TO THE POINT OF BEGINNING.

SAID DESCRIBED PARCEL CONTAINING 16.955 SQUARE FEET. MORE OR LESS AND AS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY REFERENCE BEING MADE A PART HEREOF.

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12/09/2024 City Council Agenda 270

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12/09/2024 City Council Agenda 271

ATTACHMENT 5
12/09/2024 City Council Agenda 272

Location Map TAHOE DR
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APN —
0318-213-15
12/09/2024 City Council Agenda 273

ATTACHMENT 6
12/09/2024 City Council Agenda 274

RECORDING REQUESTED BY AND
MAIL TO:

CITY OF YUCAIPA, CITY CLERK
34272 YUCAIPA BOULEVARD
YUCAIPA, CA 92399
Township _ Range _ Sec.

Name:

Action: SFR Parcel
This is to certify that the Dedication
Offered by this instrument is accepted
but without the obligation to maintain
until permanent ultimate improvements
have been completed and consent given
for the recordation hereof by action of
the City Council for the City of Yucaipa
in accordance with Government Code
Section 27281.

Date
By
City Clerk
Government Code 6103 SPACE ABOVE FOR RECORDER'S USE
ONLY
Recording Fee $0
APN: 0318-213-15

OFFER OF DEDICATION
(Government Code 7050)
THE UNDERSIGNED Norma II Yucaipa Logistics Center LLC, a Delaware limited liability company hereby irrevocably OFFER TO DEDICATE to the CITY OF YUCAIPA, a MUNICIPAL CORPORATE AND POLITIC OF THE STATE OF CALIFORNIA, and to the PUBLIC IN GENERAL, an EASEMENT for Public Roads and Public Utilities in, under, over, through and across the following described real property in the County of San Bernardino, State of California:

See EXHIBIT "A" AND "B" attached hereto and made a part of this document.

Dated: By: Norma II Yucaipa Logistics Center LLC,
a Delaware limited liability company
By: G ='
(please type or print owner's name and title)
By: P4oKA,( A&_6k1 77" '11 CC (N1G2 b V 1
(Please attach All -Purpose Acknowledgment)
12/09/2024 City Council Agenda 275

State of California
County of 40S AN066r )
On Nad Orn8W 10 , o20a0 before me, MfS1 f-g� VIAOZ), NOTAP-'t PUBLIC (insert name and title of the officer)
personally appeared 9-0 Vk N N /a- eEr-KCTF
who proved to me on the basis of satisfactory evidence to be the person(,q) whose name(sr is/arm subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hor/their authorized capacity(ips), and that by his/hor/their signature(s) on the instrument the person(p), or the entity upon behalf of which the person(,$)-acted, executed the instrument.

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

WITNESS my hand and official seal.
— ...0•,4 KATHERINE MESINA VIADO
Notary Public - California
f Los Angeles County >
Commission 4 23e7344
Signature (Seal) My Comm. Exit es Dec 17. 2025
12/09/2024 City Council Agenda 276

EXHIBIT „A 5y SHEET 1 OF 2

RIGHT-OF-WAY EASEMENT

LEGAL DESCRIPTION
THAT PORTION OF LOT 1 OF NOTICE OF LOT MERGER CASE NO. 23-016/LM, IN THE CITY OF YUCAIPA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RECORDED APRIL 4, 2023 AS DOCUMENT NO. 2023-0077781, OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

PARCEL 1
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 1, SAID POINT BEING ON THE SOUTHWESTERLY LINE OF 7TH STREET (30.00-FOOT HALF WIDTH) AS SHOWN ON RECORD OF SURVEY FILED IN BOOK 56, PAGE 19 OF RECORD OF SURVEY, IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY,-
THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, SOUTH 23' 10'39 " EAST 672.94 FEET (NORTH 22'39 03 " WEST RECORD PER SAID RECORD OF SURVEY) TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 770.00 FEET, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID 77H STREET AND SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 2239'12',' AN ARC LENGTH OF 304.44 FEET - THENCE SOUTHERLY ALONG SAID WESTERLY LINE, SOUTH 0031'28" EAST 63.47 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCA VE NOR THWESTERL Y AND HA VING A RADIUS OF 20.00 FEET;

THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 89'08'07", AN ARC LENGTH OF 31. 11 FEET TO A POINT OF TANGENCY IN THE NORTHERLY LINE OF COUNTY LINE LANE (60.00 FEET WIDE) AS SHOWN ON THE RESURVEY OF A PORTION OF SUBDIVISION 8 OF YUCAIPA VALLEY AS PER MAP RECORDED IN BOOK 20, PAGE 72

OF MAPS, RECORDS OF SAID COUNTY,-
THENCE WESTERLY ALONG SAID NORTHERLY LINE, SOUTH 883639" WEST 6.96 FEET TO A POINT

HEREINAFTER REFERRED TO AS POINT
THENCE NORTH 45' 16'50" EAST 32.99 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY

3.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID WESTERLY LINE OF 77H STREET; THENCE NORTHERLY ALONG SAID PARALLEL LINE, NORTH 00'31 28" WEST 60.58 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 767.00 FEET SAID CURVE BEING CONCENTRIC WITH AND DISTANT WESTERLY 3.00 FEET FROM SAID WESTERLY LINE OF 7TH STREET;

THENCE NORTHERLY ALONG SAID TANGENT AND CONCENTRIC CURVE, THROUGH A CENTRAL ANGLE OF 22*39'11 '' AN ARC LENGTH OF 303.25 FEET TO A POINT OF TANGENCY IN LINE PARALLEL WITH AND DISTANT SOUTHWESTERLY 3.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID SOUTHWESTERLY LINE OF 77H STREET;
THENCE NORTHERLY ALONG SAID PARALLEL LINE, NORTH 23'10'39" WEST 672.63 FEET TO THE NORTHERLY LINE OF SAID LOT 1;
THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE, NORTH 60'53'16" EAST 3.02 FEET TO THE POINT OF BEGINNING.

CONTAINING. • 3, 364 SQUARE FEET OR 0.077 ACRES, MORE OR LESS.

Last Update:9/6/24
0:\3975\ESMT\RW\3975—RW.dwg
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CML ENGINEERING • LAND SURVEYING
14349 FIRESTONE BOULEVARD
LA MIRADA, CAUFORNN 90638
zd�#4(e�'t4�F a l'AgF'gV1¢)521-"73

EXHI BI T "A "
RIGHT—OF—WAY EASEMENT

LEGAL DESCRIPTION
PARCEL 2
COMMENCING AT AFOREMENTIONED POINT "A ",•
SHEET 2 OF 2
THENCE ALONG THE NORTHERLY LINE OF SAID COUNTY LINE LANE, SOUTH 88'36'39" WEST 371. 10

FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, BEING THE POINT OF BEGINNING,
THENCE WESTERLY ALONG SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 2333'23'; A DISTANCE OF 20.56 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 70.00 FEET, A RADIAL TO WHICH BEARS NORTH 22'10'02" EAST - THENCE WESTERLY ALONG SAID REVERSE CURVE, THROUGH A CENTRAL ANGLE OF 54 33'25 ; AN ARC LENGTH OF 66.65 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID COUNTY LINE LANE, SAID POINT HEREINAFTER REFERRED TO AS POINT '$ THENCE EASTERLY ALONG SAID NORTHERLY LINE, NORTH 88'37'26" F4ST 6.52 FEET TO AN ANGLE POINT THEREIN;
THENCE CONTINUING ALONG SAID NORTHERLY LINE, NORTH 88'3639 " EAST 77.49 FEET TO THE POINT OF BEGINNING.

CONTAINING., 498 SQUARE FEET OR 0.011 ACRES, MORE OR LESS.

COMMENCING AT AFOREMENTIONED POINT 'B ,' SAID POINT BEING ON THE ABOVE DESCRIBED

70.00—FOOT CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO WHICH BEARS NORTH 322323" WEST,•
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27.06'38' A DISTANCE OF 33. 12 FEET TO THE INTERSECTION OF THE WESTERLY LINE OF SAID COUNTY LINE LANE (60.00 FEET WIDE) AND THE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS NORTH 59 30 00 " WEST;

THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 0630'19", A DISTANCE OF 7.95 FEET TO THE SOUTHERLY LINE OF SAID LOT 1; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, NORTH 88'3726" EAST 3.70 FEET TO THE INTERSECTION WITH SAID WESTERLY LINE OF COUNTY LINE LANE,• THENCE NORTHERLY ALONG SAID WESTERLY LINE, NORTH 00'30'10" WEST 6.97 FEET TO THE POINT OF BEGINNING.

CONTAINING.• 13 SQUARE FEET MORE OR LESS.

EXHIBIT '$m ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

SUBJECT TO.• COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS —OF —WAY, IF ANY.

Last Update:9/6/24
0:\3975\ESMT\RW\3975_RW.dwg
O Thienes Engineering, Inc.

Q C1 �/L ENGINEERING • LAND SURVEYING
14349 FIRESTONE BOULEVARD
492M Eio@�Y # 90638
Q PH. (714) 21-4811 Y(714)521-4173
SURVEYOR:

PREPARED UNDER THE DIRECTION OF.-
)�Q&66� ,09/06/24
IvAl VEEN K. GALI DATE
P. L. S. NO. 912J
EXP. SEPT. 30, 2024
/ �p�- LAIVD
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,k NO. 9123

SCALE: 1 "= 150' E VI L,
I I T "B )I SHEET 1 OF 3
RIGHT—OF—WAY EASEMENT
PLAT
PARCEL 1
SEE SHEET 2 �\ Z
\ 7M
m\ m
LOT 1 \ O
NOTICE OF MERGER CASE NO. 23-016/LM
DOC. NO. 2023-0077781, O.R. \
REC. 4141202J
\ rn
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PARCEL 2
IPARCEL 3
SEE SHEEP 3 I i
SEE SHEET 3
I
— SAN BERNARDIN_0 COUNTY
—7_SAN BERNARDINO COUNTY RIVERSIDE COUNTY
RIVERSID COUNTY —
%(� COUNTY L/l ilE LA/ilE
LEGEND:

INDICATES RIGHT—OF—WAY

EASEMENT DEDICATION
PARCEL 1 CONTAINS. J 364 SO. FT.

PARCEL 2 CONTAINS.- 498 SO. FT
PARCEL 3 CONTAINS.- 13 SO. FT.

Last Update:9/6/24
0:\3975\ESMT\RW\3975_RW.dwg
O Thienes Engineering, Inc.

QCIVIL ENGINEERING • LAND SURVEYING
14349 FIRESTONE BOULEVARD
/1Az# �,o A41 90638
D PH. (714 21—I'G > 714f 521-4173

CURVE TABLE
CURVE #
DELTA
RADIUS
LENGTH
Cl
89'08'07"

20.00'

31.11'
C2
F30'19"

70.00'

7.95'
279

SCALE. 1 "= 60' E HI QI r "B " SHEET 2 OF 3

RIGHT-OF-WAY OF-UWAY EASEMENT
PLAT

NE CORNER
r�r LOT 1
un
s m
LOT I \
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SEE ABOVE RIGHT
NOTE -
SEE SHEET 1 FOR

CURVE TABLE
LEGEND:

LINE TABLE
LINE #

BEARING
LENGTH
L1
S 0'31'28" E

63.47'
L2
S 88'36'39" W

6.96'
L3
N 45'16'50" E

32.99'
L4
N 0'31'28" W

60.58'
L5
N 60*53'16" E

3.02'

INDICATES RIGHT-OF-WAY

KNOW/ / EASEMENT DEDICATION
PARCEL 1 CONTAINS. 3, 364 SO. FT
P. 0. B. POINT OF BEGINNING
P. 0. C. POINT OF COMMENCEMENT
R1 R.S.B. 56119
R2 M. B. 20172
Last Update:9/6/24
0:\3975\ESMT\RW\3975_RW.dwg
O Thienes Engineering, Inc.

TIL7711UI,-'H�(7014N�2012'21'1'�')gf7ol4)521�48173
CIVIL ENGINEERING • LAND SURVEYING
14349 FIRESTONE BOULEVARD
903

SEE BELOW LEFT
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LINE LANE PER R2AEJ
371.10'
L,JI - - N 8836'39".I

LINE LANE SAN BERNARDIP

RIVERSIDE
0 COUNTY .
3000UNTY

SCALE. 1 "= 20'
3�
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0 of
Lo
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P.O.B. \
PARCEL 3
C2
PARCEL 3_
EXHIBIT "B"

RIGHT-OF-WAY EASEMENT
PLAT
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— TRAD)
I
PARCEL 3 i �,�A•33 2
POINT "B" I /
L6

W'LY LINE COUNTY
L8 LINE LANE PER R2
/ \ STY LINE LOT 1
66'00'1�9" W
LEGEND.

INDICATES RIGHT-OF-WAY

EASEMENT DEDICATION
PARCEL 2 CONTAINS: 498 SO. FT.

PARCEL 3 CONTAINS: 13 SO. FT.

P. 0. B. POINT OF BEGINNING
P. 0. C. POINT OF COMMENCEMENT
R2 M. B. 20172
Last Update:9/6/24
0:\3975\ESMT\RW\3975_RW.dwg
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a CIVIL ENGINEERING • LAND SURVEYING
%�14349FIREST{O�NE��%B�OULEVARD
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R=70.00' L=66.65' � lR-50.00'�
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N'LY LINE COUNTY
LINE LANE PER R2
LANE

LINE TABLE
LINE #

BEARING
LENGTH
L6
S 88'37'26" W

6.52'
L7
N 8F37'26" E

3.70'
L8
N 0*30'10" W

6.97'
NOTE:

SEE SHEET 1 FOR

CURVE TABLE
SURVEYOR:

PREPARED

UNDER THEE DIRECTION OF
) 09/06/24
NA VEEN K.

GALI DATE
P.L.S. NO.
912J
EXP. SEPT.

JO, 2024
P- LANp�
ate- z
�r NO. 9123

Agenda Item No. 12

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Scott Washburn, Deputy Director of Public Works y„ S
Todd Gutjahr, Public Works AnalysrO�
FOR: City Council Meeting of December 9, 2024
SUBJECT: Contract Amendment No. 4 with Allison Mechanical, Inc. for HVAC Operations and Maintenance Services at Various City -Owned Public Facilities RECOMMENDATION:

That the City Council authorize the City Manager to execute Contract Amendment No. 4 with Allison Mechanical, Inc. for HVAC Operations and Maintenance Services at Various City -Owned Public Facilities (Program) in the amount of $33,795 for HVAC system repairs at City facilities for a revised contract total in the amount of $150,853 for FY25.

BACKGROUND/DISCUSSION:

On June 24, 2024, the City Council approved the Second Extension and Contract Amendment No. 3 with Allison Mechanical, Inc. for FY25 in the not -to -exceed amount of $117,058, which includes $80,000 for as -needed repairs and $37,058 for monthly maintenance, for the Program. At that time, $80,000 was determined to be an appropriate amount to fund any required unanticipated HVAC system . repairs for FY25.

In July 2024, one of the primary HVAC systems at the Yucaipa Performing Arts Center (YPAC) experienced a catastrophic failure of the condensing unit. After investigating the system, staff concluded that it would be more efficient to replace the outdated condensing unit entirely rather than attempt to find parts that are no longer being produced for the existing unit.

As a result, the proposed Amendment No. 4 will allow for the replacement of the outdated condensing units at the YPAC
FISCAL IMPACT:

The cost associated with the recommendation is included in the FY25 Annual Budget.

Attachments:

1. Amendment No. 4 — Allison Mechanical Inc.

Approved by: '-f-_
12/09/2024 City Council Agenda 282

ATTACHMENT
12/09/2024 City Council Agenda 283

FOURTH AMENDMENT TO CONTRACT BETWEEN

ALLISON MECHANICAL AND THE CITY OF YUCAIPA
This amendment ("Fourth Amendment") is an amendment to the HVAC Operations and Maintenance Services at Various City -Owned Public Facilities in the City of Yucaipa contract between the City of Yucaipa, a municipal corporation ("City") and Allison Mechanical, Inc. ("Contractor") on August 8, 2022 (the "Contract"). This Amendment to the Contract is effective as of December 9, 2024.

RECITALS:

A. On August 8, 2022, the City and Contractor entered a Contract for HVAC Operations and Maintenance Services at Various City -Owned Public Facilities in the City of Yucaipa services for a term of one (1) year.

B. On June 26, 2023, the City Council approved the First Extension and Amendment to the Contract for the HVAC Operations and Maintenance Services at Various City -Owned Public Facilities in the City of Yucaipa program.

C. On October 23, 2023, the City Council approved the Second Amendment to the Contract for the HVAC Operations and Maintenance Services at Various City -Owned Public Facilities in the City of Yucaipa program.

D. On June 24, 2024, the City Council approved the Second Extension and Third Amendment to the Contract for the HVAC Operations and Maintenance Services at Various City -Owned Public Facilities in the City of Yucaipa program.

E. City and Contractor now wish to amend the Contract to modify the amount of the Contract.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

1. Contract Amendment. Section XI.C. of the Project Specifications reads as follows:

The Fourth Amendment commence on December 9, 2024, and includes an increase in the amount of $33,795 for FY25 for an HVAC Operations and Maintenance Services Contract total of $150,853 (which includes the previously approved $80,000 for repairs and $37,058 for monthly maintenance).
12/09/2024 City Council Agenda 284

IN WITNESS WHEREOF, the parties hereby execute this Fourth Amendment as of the date first written above.

ATTEST:

CITY OF YUCAIPA,
a municipal corporation
Ana Sauseda, MMC Date Chris Mann, City Manager Date
Director of General Services/City Clerk
FUNDS AVAILABLE: CONTRACTOR
Phillip White, Director of Finance Allison Mechanical, Inc. Date Fermin G. Preciado,
Director of Development Services/City Engineer
APPROVED AS TO FORM:

Steven Graham, City Attorney
2 12/09/2024 City Council Agenda 285

Agenda Item No. 13

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer VR Landon Kern, Assistant City Engineer tIl
Todd Gutjahr, Public Works Analystri
FOR: City Council Meeting of December 9, 2024
SUBJECT: Acceptance of Contract Work - Installation of City Furnished High Bay LED Light Fixtures and Lighting Equipment at the 7th St. Courts (12385 7th St.) — Project No. 11213
RECOMMENDATION:

That the City Council:
1) Accept the contract work completed by LogicLamp in the amount of $48,100.3 5 for the Installation of City Furnished High Bay LED Light Fixtures and Lighting Equipment at the 7th St. Courts (12385 7th St.) — Project No. 11213 (Project); and 2) Authorize the recordation of the Notice of Completion for the Project; and 3) Accept the as -built plans for the Project.

BACKGROUNDMISCUSSI ON:

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

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

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

3. Demolition of the existing theatre building located east of the existing basketball courts.

4. Installation of lighting under the new steel structure cover over the four pickleball courts and three basketball courts (that encompass a four pickleball court overlay).

Items 1-4 of the Pickleball Master Plan have been completed.

Item No. 4 included replacing the current high bay lights under the original basketball court cover with LED fixtures, as well as installing the same LED light fixtures for the four new pickleball courts. 12/09/2024 City Council Agenda 286

In addition, a lighting control system was installed to allow staff the ability to remotely control and monitor the LED lighting system for the four new pickleball courts and three existing basketball courts. It should be noted that two of the three existing basketball courts have been striped to accommodate an additional four pickleball courts over the existing basketball striping. The new LED lighting system serves a total of eight pickleball courts, and three basketball courts at this location.

After going through the public competitive bid process, on September 23, 2024, the City Council awarded a contract to LogicLamp in the amount of $46,031.35 to complete the Project. The City Council also approved a contract contingency amount of $4,600, bringing the total construction contract budget to $50,631.35. Staff inspections were performed during construction and upon completion to ensure that the work was completed in accordance with the plans and contract specifications.

FISCAL IMPACT:

The contract work has been completed for a total cost of $48,100, which is $2,531 under the authorized construction budget for the Project.

Attachments:

1. Notice of Completion — Project No. 11213
Approved by:
12/09/2024 City Council Agenda 287

ATTACHMENT
12/09/2024 City Council Agenda 288

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:

INSTALLATION OF CITY FURNISHED HIGH BAY LED LIGHT FIXTURES AND LIGHTING EQUIPMENT AT THE 7TH ST. COURTS (12385 7TH ST.) — PROJECT NO. 11213
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 9th day of December 2024.

The said work was performed by LogicLamp of Fullerton, CA in accordance with the terms of the written agreement dated the 23rd day of September 2024.

Dated December 9, 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 9th day of December 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
12/09/2024 City Council Agenda 289

Agenda Item No. 14

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer VV- FOR: City Council Meeting of December 9, 2024
SUBJECT: Final Parcel Map 20633
RECOMMENDATION:

That the City Council:
1) Approve Final Parcel Map No. 20633; and
2) Accept an Offer of Dedication for Public Roads, City Highways and Public Utility Purposes on a portion of Kentucky Street as delineated on Final Parcel Map No. 20633; and 3) Authorize the recordation of the map from Crestwood Enterprise.

BACKGROUND/DISCUSSION:

On May 15, 2023, Tentative Parcel Map 20633 was conditionally approved by the Planning Division to permit the.subdivision of a property into three (3) parcels. The property is located at 32568 Kentucky Street (APN: 0301-093-67).

City Council approval is required to accept and authorize recordation of final parcel maps, and to accept offers of dedication for public purposes. This subdivision results in a thirty-three (33) foot half -width right-of-way along Kentucky Street, which is consistent with the City's General Plan.

Staff has conducted a Condition Compliance Review and all conditions of approval applied to Final Parcel Map No. 20633 have been met.

FISCAL IMPACT:

The recommendations do not result in a fiscal impact.

Attachments:

1. Location Map

2. Exhibit of Parcel Map 20633
Approved by:
12/09/2024 City Council Agenda 290

ATTACHMENT
12/09/2024 City Council Agenda 291

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12/09/2024 City Council Agenda

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FIR STREET

DATE STREET

COUN DIE

ATTACHMENT 2
12/09/2024 City Council Agenda 293

3 PARCELS SHEET 1 OF 3 SHEETS

2.208 ACRES GROSS IN THE CITY OF YUCAIPA, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA

2.287 ACRES NET PARCEL MAP NO. 20633
BEING A SUBDIVISION OF PARCEL NO. 2, PARCEL MAP NO. 1500, AS PER MAP RECORDED IN BOOK 12 OF PARCEL MAPS, PAGE 4J,

IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON POINT LAND SURVEYING, INC.

JUNE 2023
Pow
OWNER'S STATEMENT:

SURVEYOR'S STATEMENT:

WE HEREBY STATE THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY RECORD

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A TIRE INTEREST IN THE" LAND SUBDIVIDED AS SHOWN ON THIS A/AP, AND WE FIELD SURVEY /N CONFORMANCE WI7H THE REOU/REMENTS OF THE SUBD/WS/ON MAP CONSENT TO THE PREPARATION AND RECORDATION OF THIS PARCEL MAP.

ACT AND LOCAL ORDINANCES AT THE REQUEST OF CRESTWOOD ENTERPRISE, INC. IN JUNE 202J. ALL MONUMENTS SHOWN HEREON ARE OF THE CHARACTER AND

WE HEREBY RESERVE TO OURSELVES, OUR HEIRS AND ASSIGNS FOR THE USE OCCUPY THE PosmoN5 /NOICA7E0. I HEREBY STATE THAT THIS PARCEL MAP AND BENEFIT OF A PRIVATE ROAD LASEMENT, AS DELINEATED ON SAID MAP.

SUBSTANTIALLY CONFORMS TO THE APPROVED OR COND/TTONALLY APPROVED 7ENTA77W MAP, IF ANY.

WE HEREBY RESERVE TO OURSELVES OUR HEIRS AND ASSIGNS, FOR THE USE AND BENEFIT OF ALL EMERGENCY VEHICLES AU7HORIZED TO SERVE IN SAID DATED, OCTOBER J1 , 202J BY.,
SUBDIVISION. AN EMERGENCY ACCESS EASEMENT, AS DELINEATED ON SAID MAP AS ANTHONY D. SMITH, LS 81J3
TMERGENCY ACCESS EASEMENT.

REGISTRATION EXPIRES 121JI12024

WE ALSO HEREBY RESERVE TO OURSELVES OUR HEIRS AND ASSIGNS, FOR THE

USE AND BENEFIT OF THE SEVERAL PUBLIC UTILITY COMPANIES, WHICH ARE AUTHOR/ZED TO SERVE IN SAID SUBDIVISION. EASEMENTS FOR PUBLIC UTILITY PURPOSES DELINEATED ON SAID MAP AS IU8IC U77LITY EASEMENT. OR I.U.E.'

CRESTWOOD ENTERPRISE, A CALIFORNIA CORPORATION
NAME.- 1�yn.n�r
mLE• PIEStdAAt-

BENEFICIARY STATEMENTS
THOMAS M KANEY AND KAREN R. KANEY, TRUSTEES OF THE THOMAS AND KAREN KANEY REVOCABLE TRUST DATED NAY 7, 1996, AS ITS SUCCESSORS AND ASSIGNS, BENEFICIARY FOR THAT CERTAIN DEED OF TRUST RECORDED 811612017 AS INST NO. 2017-03JS208 O.R.
4 f— Pay /c It,Z-%S
NAME': TINNY S M. , ANE ,TFMs1-ee, IkiC
�ir� � . �Q�VSA. «•l �3
NAME.- KAREN R. KAN£Y affE
%-?,A s 4'bt
p1yL LAND
9� 4Y D. SO
* W. 5133
Eli. 12-31-24 t.
4rL, 4F GLAf
CITY ENGINEER'S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT THE SUBDIVISIONSHOWN THEREON IS SUBSTANTIALLY THE SAME AS TT APPEARED ON THE 7ENTADVE MAP, lF REOUIRED, AND ANY APPROVED ALTERARONS THEREOF, AND 7HAT ALL THE

PROVISIONS OF THE SUBDIVISION MAP ACT AND THE CITY OF YUCAIPA SUBDIWS/ON ORDINANCES HAVE BEEN COMPLIED WITH.

BY.' FERMIN G. PRECL400 DATED:

CITY ENGINEER, CITY OF YUCAIPA
RCE NO. 76895
EXPIRA77ON DATE' 12-31-2024
COUNTY SURVEYOR'S STATEMENT:

SEE SHEET 2 FOR NOTARY ACKNOWLEDGEMENTS

I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVSIONS OF THE SUBDMSION MAP ACT HAVE BEEN COMPIED wTH AND I AM SABSRED SAID MAP /S TECHNICALLY CORRECT.

T0464
P`
DATE.' 1$ 2 THOMAS P. HERRIN, COUNTY SURVEYOR
p'+1Y1M�
54N BERNARDINO COUNTY
c *
TT,,��
@Y. JaQ t DEPUTY
p
4�Teorc
LS NO. 7

SIGNATURE OMISSIONS
PURSUANT TO TH£ PROVISIONS OF SECTION 664J6 (o)(J)(A) OF THE SUBDIVISION

MAP ACT, THE SIGNATURES OF THE FOLLOWING HOLDERS OF EASEMENTS AND OTHER RIGHT HAVE BEEN OMITTED AS THEIR INTEREST CANNOT R/PEN INTO FEE.

W41TF.

REDLANDS AND YUCAIPA COMPANY, A CORPORARON, HOLDER OF AN EASEMENT FOR PUBLIC U77LI77£S AND INCIDENTAL PURPOSES, DESCRIBED /N DOCUMENT RECORDED 7/14/19T0 /N BOOK 46J, PAGE J81 OF DEEDS. SAID EASEMENT CANNOT BE LOCATED OF RECORD.

REDLANDS AND YUCAIPA LAND COMPANY, A CORPORATON, HOLDER OF AN

EASEMENT FOR PUBIC UTILITIES AND INCIDENTAL PURPOSES, DESCRIBED IN DOCUMENT RECORDED 811711943 IN BOOK 1620. PACE 350 O.R. SAID EASEMENT /S BLANKET IN NATURE.
12/09/2024 City Council Agenda
BOARD OF SUPERVISOR'S CERTIFICATE:

I HEREBY CERTIFY THAT A BOND /N THE SUM OF $ 4'100 HAS BEEN EXECUTED AND FILED WI7H THE "RD OF SUPERWSORS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, CONDITIONED UPON *W PAYMENT OF ALL TAXES (STATE, COUNTY, MUNICIPAL OR LOCAL) AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES WHICH AT THE T/ME OF4F71ING OF THIS MAP WIN THE SAN BERNARDINO

COUNTY ASSESSOR -RECORDER -COUNTY CLERK, ARE A LIEN AGAINST SAID PROPERTY, BUT NOT YET PAYABLE; AND THAT THE SU801WOER HAS FILED WITH ME A

CERTIFICATE BY THE PROPER OFFICER GIVING HIS ESTIMATE OF THE AMOUNT OF SAID TAXES AND SPECIAL ASSESSMENTSAND SAID BOND 15 HEREBY ACCEPTED. se
DATED., 3/zY/22Q!(J ~ LYNNA MONELL
f Fi CLERK OF THE "RD OF SUPERVISORS

SAN BERNARO/NO COUNTY
BY..- 4-' , DEPUTY
AUDITOR-CONTROLLER/TREASURERITAX COLLECT04CERTIFICATE:

I HEREBY CER77FY THAT ACCORDING TO THE RECORDS OF THIS OFFICE AS OF THIS

DATE THERE ARE NO LIENS AGAINST THE REAL PROPERTY SHOWN UPON THIS

MAP FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES, OR SPECIAL

ASSESSMENTS COLLECTED AS TAXES EXCEPT TAXES OR SPECIAL ASSESSMENTS NOT YET PAYABLE, ESTIMATED TO BE S H.100
DATED: /2 7N,0w pL
£NSEN MASON
AUD/TOR-CONTROLLER/TREASURER/7AX COLLECTOR

SAN BERNARDINO COUNTY
BY., � ER /- Z I , DEPUTY
CITY COUNCIL STATEMENT:

I HEREBY STATE THAT THE CITY COUNCIL OF THE CITY OF YUCAIPA DULY APPROVED THE ANNEXED PARCEL MAP NO. 2003.

DATED.'-, 2023
BY

ANA SAUSEDA

CITY CLERK

CITY OF YUCAIPA

SAN BERNARDINO COUNTY

THIS MAP HAS BEEN FILED UNDER
DOCUMENT NO.

THIS _ DAY OF , 20_,
AT _.M, IN BOOK _, OF

PARCEL MAPS AT PAGE

AT INE REQUEST OF
L.awyers?i11t [A ryen4

IN THE AMOUNT OF S

CHRIS WILHITE

ASSESSOR -RECORDER
54N 6ERA64ROINO COUNTY
BY.•
DEPUTY R£C

3 PARCELS SHEET 2 OF 3 SHEETS

2.208 ACRES GROSS IN THE CITY OF YUCAIPA, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA

2.287 ACRES NET PARCEL MAP NO. 20633
BEING A SUBDIVISION OF PARCEL NO. 2, PARCEL MAP NO. 1500, AS PER MAP RECORDED IN BOOK 12 OF PARCEL MAPS, PAGE 43,

IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON POINT LAND SURVEYING, INC.®I� JUNE 2023
NOTARY ACKNOWLEDGEMENTS:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CER77F7C47E VERIFIES ONLY

THE IDENTITY OF THE INDMDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS. ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALI NLA

COUNTY OF /

ON NOV PI,
I, ZOl3BEFORE ME, Ylnnl LGOrl (702*114 1 , A NOTARY PUBLIC

INSERT NAME AND TIRE OF OFFICER
PERSONALLY APPEARED �aniel J. (tuner
WHO PROVED TO M£ ON THE 54SIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(5) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWL£G£D TO ME THAT H£/SHE/THEY EXECUTED THE SAME IN HIS/HER/OR AUTHOR/ZED CAPACITY(1£S), AND THAT BY HISIHER/TH£IR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH 7HE PERSON(S) ACTED, EXECUTED THE INSTRUMENT

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH 15 TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL.

SIGNATURE.

PRINTED NAME.• `Ttn/V 1tOA 6VZ# 4nWYCOMMISSIONEXPIRES 2/17/2-d2:j MY COMMISSION NO. 243459YMY PRINCIPAL PLACE OF BUSINESS IS IN gAvfrs;w'-COUNTY
Y[MM t[ON6UL�M
CCMM. Ni636591
Nd✓)HIYRc-CCRlmdc o
RrNp3 Lnr1T
Comm. fa I). AT)
NOTARY ACKNOWLEDGEMENTS:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY INC IVEN77TY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT 70 WHICH THIS CERTFIC47F IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY. OR VALIDITY OF

THAT OOCUMENL
STATE OF GAL/FORNl4
COUNTY OF L 6LinarJi�i '.Y L.

ON itl21s3 BEFORE ME, .yYL M1 u`+" v VZ ► AWA , A NOTARY PUBLIC INSERT NAME AND TAR£ OF OFFICER
PERSONALLY APPEARED %:9 Q,"e, f M
WHO PROVED TO ME ON THE 84SIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEGED 70 ME THAT HE/SHE/RIEY EXECUTED THE SAME IN HIS/HER/7HEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/H£R/THE/R SIGNATURf(5) ON THE INSTRUMENT THE PERSON(S), OR THE

ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING PARAGRAPH /S TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL.

SIGNATURE - .. _ '-
PRINTED NAME: slim I[e. n Aaa WY COMMISSION EXPIRES z1 3 A2 0?-jL MY COMMISSION NO. ZUk-S 7uMY PRINCIPAL PLACE OF BUSINESS IS IN jewim/y(L COUNTY
COMM. s24UTWA
CCM134591 :

NCNry PaRc CYdom� c
RlrralG WurXT
NOTARY ACKNOWLEDGEMENTS: w E a)Tw.n.mn

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTFTCAIF VERIFIES ONLY

THE IDENTITY OF THE INDIVIDUAL WHO S/CNED THE DOCUMENT TO WHICH THIS CfR77nC47E IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CAI,(fORN/A
COUNIY OF J-An l�iinumh.J`n' r
ON �j j BEFORE ME, Ean: 1--fn 17V1MCf% A NOTARY PUBIC

INSERT NAME AND TITLE OF OFFICER

PERSONALLY APPEARED K&

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS)

WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEGED TO ME THAT HEISHE17HE-Y EXECUTED THE SAME IN HIS/HER/7HEIR AUTHORIZED CAPACITY(IES), AND THAT BY H15/HER/THEIR S/CNAR/RE(5) ON THE INSTRUMENT THE PER50N(S), OR THE

ENTRY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH /5 TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL.

SIGNATURE. ' `^AN
PRINTED NAME.' At 01A; :Lin &arena MY COMMISSION EXP/RESZURd-2._D7.T MY COMMISSION NOVISPS9Y MY PRINCIPAL PLACE OF BUSINESS /S /N IV11FA i & COUNTY
Y[NMI lE0N0UT�dN
COMN. Nf63 tbNry PulRc. CJ"Nnb tj
INvpvGc GMI 1
�,.�. Ta n.3an
12/09/2024 City Council Agenda

3 PARCELS 2.208 ACRES GROSS IN THE CITY OF YUCAIPA, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA

2.287 ACRES NET PARCEL MAP NO. 20633
BEING A SUBDIVISION OF PARCEL NO. 2, PARCEL MAP NO. 1500, AS PER MAP RECORDED IN BOOK 12 OF PARCEL MAPS, PAGE 4J,

IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
ON POINT LAND SURVEYING, INC. POW JUNE 2023
AVENUE "E"
N8959 36 E 1320.29' (N89'S9 561V 1J20.36 )
FD S&W, ILLEGIBLE. FLUSH, IN FD 1" lP W/ TAG, ILLEGIBLE, DN 0.2' CI£U OF PK AWL & WASHER, PER CR 292/08a ACCEPTED AS
o h SO CO SUR✓, PER CR 292/78
q q /NT AVENUE E" & iJTH Sr
ACCEPTED AS lNT AVENUE E"
& 14TH ST I •Q PARM 2 0 0
FD 2" /P, Ls J069 "1'' P � � ' FD 2' IP, LS J069 I g
FLUSH, PER PM 12/43I� (N89'S9'S6'W 1320.31) ON 1.0, PER PM 12/4J I' N89'S9 53 W 1 J20.28'
0 SNF S9
p N89
b 8
(JJ0.06)
JJ0.05' 59.5
FD S&W, RC£ J1890, FLUSH
IN LIEU OF I' 1P, LS 5174.

PER CR JJ6133. ACCEPTED AS
"IT KENTUCKY ST & 147H ST
12/09/2024 City Council Agenda
11 (625.19) '
n
i\
PARCEL03 of

38.813 SO FT x i

0.891 ACRES o
� eo
• W
h O O
z
(I
J
ti e
N20'00'12E(R)
PRC O � a
N89'59:791V 164.92' W
N895953E(R)
J0.00'
N89'S953E(�
l
1pn
PARCEL 2
29,102 SO FT

0.668 ACRES
O Z
o
tiQ
¢a
W1It 4
n
m
•l
�
J0.00'
•� E"J PRATE
ROAD
:�
a
qN YY''
�� EASEMENT
m
b
�
n
O
it
7 2
O a
b
U'W
N89'S9J9164.92'
'
N
IIll
4 o
W
a c PARCEL 1

28.256 SO FT NET
." 0.949 ACRES NET
W
31,720 SO FT GROSS
p 1Q 0.728 ACRESGROSS
1 (
w ,.
yW WWs
t[•uW
e
b
h2
o�
_g
p<V
+ U
7� 104.96' (/OS.OJJ
119'W 164.92' (165.OJJ
' �g 1e4d'(165.01) _ , / .�+ J0.2'
104.96'
N89'59'J91Y 1320.26' (N89'59'J9"W IJ20.24)
BASIS OF BEARINGS PER PMB 1214J

KENTUCKY STREET
FD 1" IP, ILLEGIBLE. DN
PER CR 29J/67, ACCEPTED AS
INT KENTUCKY ST & 1JTH ST
SHEET 3 OF 3 SHEETS
COMPOSITE DEVELOPMENT PLAN NOTE:

AC SITE DEVELOPMENT PLAN (CDP) AFFECTING

THIS MAP IS ON FILE IN THE CRY OF YUCAIPA OFFICE
OF BUILDING AND SAFETY.
40 0 40 80 12C
SCALE: 1" = 40'
CURVE DATA:
(D 4=69'5941'
R-J6.00'
L=4J.98'
T-25.21'
(2)d-249'S9'41'
R-40.00'
L-174.5J'
SURVEYOR'S NOTES:

BASIS OF BEARINGS: BEING THE CENTERLINE OF
KfN1UCKY STREET BETWEEN FOURTEENTH STREET
AND THIRTEENTH STREET BEARING BEING N69'59J9 W
PER PMB 12/4J.
• - /ND/CATEs MONUMENT FDUND AS NOTED
O - INDIC47ES SET I" IF, LS 8601, FLUSH
() - REC PER PARCEL MAP NO. 1500.

PUB 12/4J

SNF - SEARCH, NOT FOUND

Agenda Item No. 15

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Scott Washburn, Deputy Director of Public Works ., pw,
Todd Gutjahr, Public Works Analyst
FOR: City Council Meeting of December 9, 2024
SUBJECT: Acceptance of Contract Work - Yucaipa Community Center Restroom Renovation - Proiect No. 11224
RECOMMENDATION:

That the City Council:
1) Accept the contract work completed by Preferred General Services in the amount of $103,934.93 for the Yucaipa Community Center Restroom Renovation - Project No. 11224 (Project); and
2) Authorize the recordation of the Notice of Completion for the Project; and 3) Accept the as -built plans for the Project.

BACKGROUND/DISCUSSION:

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

After careful investigation, staff and a plumbing contractor identified the cause of the backup to be debris in the drainpipe. In order to resolve this issue, a small section of the restroom floor in each restroom was removed in order to repair the drainage.

Upon searching for a replacement tile to match the existing tile, staff encountered difficulty as vendors were unable to match the tile. In addition, the repairs would require the replacement/renovation of fixtures, partitions, etc. Consequently, staff recommended and the City Council prioritized the renovation of the public restrooms in the FY25 Capital Improvement Program.

After going through the public competitive bid process, on September 23, 2024, the City Council awarded a contract to Preferred General Services in the amount of $103,934.93 to complete the Project. The City Council also approved a contract contingency amount of $10,000, bringing the total construction contract budget to $113,934.93. Staff inspections were performed during construction and upon completion to ensure that the work was completed in accordance with the plans and contract 12/09/2024 City Council Agenda 297

specifications.

FISCAL IMPACT:

The contract work has been completed for a total cost of $103,934.93, which is $10,000 under the authorized construction budget for the Project.

Attachments:

1. Notice of Completion — Project No. 11213
Approved by:
12/09/2024 City Council Agenda 298

ATTACHMENT 2
12/09/2024 City Council Agenda 299

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:

YUCAIPA COMMUNITY CENTER RESTROOM RENOVATION
- PROJECT NO. 11224
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 9th day of December 2024.

The said work was performed by Preferred General Services of Apple Valley, CA in accordance with the terms of the written agreement dated the 23rd day of September 2024.

Dated December 9, 2024.

STATE OF CALIFORNIA }
COUNTY OF SAN BERNARDINO }
Subscribed and sworn to (or affirmed) before me on this 9t" day of December 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
� A1�PA,
��o
12/09/2024 City Council Agenda
t-1R e 300

Agenda Item No. 16

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer 1 Landon Kern, Assistant City Engineer t�e-
Daniel Meisenbach, Construction Engineer L1<1
FOR: City Council Meeting of December 09, 2024
SUBJECT: Acceptance of Contract Work — 2023/2024 Pavement Microsurface & Crack Seal Program — Project No. 11221
RECOMMENDATION:

That the City Council:
1) Accept the contract work completed by Pavement Coatings Co. in the amount of $205,815 for the 2023/2024 Pavement Microsurface & Crack Seal Program — Project No. 11221; and
2) Authorize the recordation of the Notice of Completion for the 2023/2024 Pavement Microsurface & Crack Seal Program.

BACKGROUND/DISCUSSION:

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

Included as a part of the PMP are the Pavement Microsurface Program (Microsurface) and the Crack Seal Program (Crack Seal).

To effectively maintain asphalt streets, the crack seal process must be completed first in preparation for the microsurface process. Microsurface of asphalt streets is part of the City's annual pavement maintenance effort to maintain the City's public street network. The crack seal and the application of microsurface will extend the durable life of the existing asphalt streets and provide a more durable driving surface.

After going through the public competitive bid process,, on June 24, 2024, the City Council awarded a contract to Pavement Coatings Co. of Jurupa Valley, CA to complete the Microsurface Surface & Crack Seal Programs with a total authorized construction contract budget in the amount of $229,771.

Inspections performed by staff during the course of the work and upon completion have ensured that the work was completed in accordance with the contract specifications for the Microsurface Surface & Crack Seal Programs.
12/09/2024 City Council Agenda 301

FISCAL IMPACT:

The contract work has been completed for a total cost of $205,815, which is $23,956 under the authorized construction contract budget for the Project.

Attachments:

1. Notice of Completion — Project No. 11221
Approved by:
12/09/2024 City Council Agenda 302

ATTACHMENT
12/09/2024 City Council Agenda 303

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. 11221
2023/2024 PAVEMENT MICROSURFACE & CRACK SEAL PROGRAM
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 9th day of December 2024.

The said work was performed by Pavement Coatings Co. of Jurupa Valley, CA in accordance with the terms of the written agreement dated the 24th day of June 2024.

Dated December 9, 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

Date
Ana V. Sauseda, MMC
Director of General Services/City Clerk
12/09/2024 City Council Agenda
304

Agenda Item No. 1 %

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of December 9, 2024
SUBJECT: 2025 Regional Committee Assignments
RECOMMENDATION:

That the City Council review and appoint Councilmembers to the various regional committees and direct the City Clerk to notify respective agencies of any changes and post the FPPC Form 806 to the City's website.

BACKGROUND/DISCUSSION:

Every year, the City Council reviews its representatives and alternates to various regional committees to determine if any changes or additions are appropriate. Attached is a list of committees that City Councilmembers currently represent on behalf of the City.

The City Clerk's Department has posted a Form 806, so action may be taken by the City Council.

Following the City Council's selection of representatives, the City Clerk will notify the various agencies of any changes.

FISCAL IMPACT:

There is no fiscal impact.

Attachments:

1. Committee Roster for 2024
Approved by:
12/09/2024 City Council Agenda 305

ATTACHMENT 1
12/09/2024 City Council Agenda 306

1 Crafton Hills Open Space Conservancy Stipend Member Alternate Meeting Date I Time
Place
2nd Tuesday

CRAFTON HILLS COLLEGE -
None
Justin Beaver
Chris Venable
of the month
6:00 p.m.

PUBLIC SAFETY BUILDING - ROOM 227
Sept -Jun

OMNITRANS
Stipend
Member
Alternate
Meeting Date
I Time
Place
1st Wednesday of

ADMINISTRATIVE OFFICES
$150
Bobby Duncan
Matt Garner
the month
8:00 a.m.
1700 W. 5 Street, San Bernardino
San Bernardino County Transportation Authority
Stipend
Member
Alternate
Meeting Date
Time
Place
(SBCTA)
1st Wednesday of
SBCTA 1ST FLOOR LOBBY BOARDROOM
$200
Bobby Duncan
Matt Garner
the month
10:00 a.m.
1170 West 3rd Street, San Bernardino
Solid Waste Advisory Task Force
Stipend
Member
Alternate
Meeting Date
I Time
Place
SAM J. RACADIO LIBRARY &

ENVIRONMENTAL LEARNING CENTER
None
Justin Beaver
Ana V. Sauseda
Twice a Year
1:30 p.m.

COMMUNITY ROOM
7863 Central Ave. Highland
12/09/2024 City Council Agenda %%
Last pdafed on 02/13/2023

Yucaipa City CouncilDecember 9, 2024

Yucaipa City Council
December 9, 2024