Yucaipa City Council
April 14, 2025

Jon Thorp, Mayor
Chris Venable, Mayor Pro Tem
Justin Beaver, Councilmember
Bob Miller, Councilmember
Judy A. Woolsey, Councilmember
Jennifer Crawford, Acting City Manager
Steven Pacifico, City Attorney
Ana V. Sauseda, City Clerk
AGENDA
City Council
Successor Agency • Housing Authority
April 14, 2025
City Hall - City Council Chambers
34272 Yucaipa Blvd., Yucaipa, California
The City Council serves as the Board for the Yucaipa Successor Agency and Commission for the Yucaipa Housing Authority.

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

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

Written public comment submitted on non -agenda items and on specific agenda items will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City's website at https://yucaipa.gov/agendas-minutes/ . Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.
04/14/2025 City Council Agenda
1 Live stream/recording of City Council meetings:

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

Possible Live Stream Disruptions:

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

CLOSED SESSION — 4:30 PM
A. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Section 54957
Title: City Attorney
B. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Section 54957
Title: Interim City Manager
C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9: Significant Exposure to Litigation (1) case D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Wang, et al. v. City of Yucaipa, et al. San Bernardino Superior Court Case No. CIVSB 2415976
OPEN SESSION — 6:00 PM

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION REPORT

CHANGES TO THE AGENDA
04/14/2025 City Council Agenda
2 SPECIAL PRESENTATION
YAPS Dog of the Month
Proclamation Declaring April Child Abuse Prevention Month Proclamation Declaring April DMV Donate Life Month
Reserve Firefighter Program
PUBLIC COMMENT LIMIT 3 MINUTES

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

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

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

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 MARCH 24, 2025
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority minutes of March 24, 2025.

2. SUBJECT: MONTHLY TREASURER'S REPORT FEBRUARY 2025
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for February 2025.

3. SUBJECT: APPROVE PURCHASE OF VERKADA CAMERAS
RECOMMENDATION: That the City Council approve and authorize the purchase of Verkada cameras, licenses and installation hardware from CDWG in the amount of $87,267.
04/14/2025 City Council Agenda
3 4. SUBJECT: AWARD OF CONTRACTS — FY24/25 PAVEMENT REHABILITATION PROGRAM, AC BERM PROGRAM AND PATCHING PROGRAM — PROJECT NO. 11227, AND FY24/25 MICROSURFACE PROGRAM AND CRACK SEAL PROGRAM — PROJECT NO. 11233, AND APPROVAL OF INFRASTRUCTURE CONSTRUCTION

AND COORDINATION AGREEMENT WITH THE YUCAIPA VALLEY WATER

DISTRICT
RECOMMENDATION: That the City Council:

1. Authorize the Acting City Manager to execute a contract, and the Acting City Manager or their designee to administer the terms of the contract to the lowest responsive bidder, Matich Corporation of Highland, CA, in the amount of $2,069,922 for the FY24/25 Pavement Rehabilitation Program, AC Berm Program and Patching Program — Project No. 11227; and

2. Approve the amounts of $200,000 for construction contract contingency and $50,000 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $2,319,922; and

3. Authorize the Acting City Manager to execute a contract, and the Acting City Manager or their designee to administer the terms of the contract to the lowest responsive bidder, Pavement Coatings Co. of Jurupa Valley, CA, in the amount of $209,511 for the FY24/25 Microsurface Program and Crack Seal Program — Project No. 11233; and

4. Approve the amounts of $20,000 for construction contract contingency and $10,000 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $239,511; and

5. Authorize the Acting City Manager or their designee to administer the distribution of the contract contingencies; and

6. Approve the plans and specifications prepared for these two contracts (Project No's. 11227 & 11233); and

7. Approve and authorize the Acting City Manager to execute an Infrastructure Construction and Coordination Agreement with the Yucaipa Valley Water District in the amount of $57,714 for the pavement rehabilitation road improvement project on Crestview Drive, Crestview Court and Sutter Avenue; and

8. Amend the FY25 Capital Improvement Program by adding the amount of $57,714 in funding from the Yucaipa Valley Water District; and

9. Adopt Resolution No. 2025-07, adopting the revised Measure I Five -Year Capital Improvement Plan for FY2024/2025 through FY2028/2029.
04/14/2025 City Council Agenda
4 5. SUBJECT: AWARD OF CONTRACT — FY24/25 STRIPING PROGRAM — PROJECT NO. 11229
RECOMMENDATION: That the City Council:

1. Award and authorize the Acting City Manager to execute a contract, and the Acting City Manager or their designee administer the terms of the contract to the lowest responsive bidder, Cal Stripe Inc. of Colton, CA, in the amount of $55,772 for the FY24/25 Striping Program — Project No. 11229 (Project); and

2. Approve the amounts of $8,350 for construction contract contingency and the amount of $4,000 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $68,122; and

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

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

6. SUBJECT: ACCEPTANCE OF CONTRACT WORK — FY 23/24 PAVEMENT REHABILITATION PROGRAM AND PATCHING PROGRAM — PROJECT NO. 11219 RECOMMENDATION: That the City Council:

1. Accept the contract work completed by Matich Corporation in the amount of $1,869,046 for the FY23/24 Pavement Rehabilitation Program and Patching Program — Project No. 11219 (Project); and

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

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

7. SUBJECT: ACCEPTANCE OF CONTRACT WORK — TRAFFIC SIGNAL AT OAK GLEN RD AND COLORADO STREET PROJECT — PROJECT NO. 10981-3 RECOMMENDATION: That the City Council:

1. Accept the contract work completed by Belco Elecnor in the amount of $319,856 for the Traffic Signal at Oak Glen Rd and Colorado Project — Project No. 10981-3 (Project); and

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

3. Accept the as -built plans for the Project.
04/14/2025 City Council Agenda
5 8. SUBJECT: OPPOSE SB 79 (WIENER) TRANSIT -ORIENTED DEVELOPMENT RECOMMENDATION: That the City Council oppose SB 79 and authorize the Mayor to issue a letter in opposition.

9. SUBJECT: CITY OF YUCAIPA FOURTH OF JULY FIREWORKS SHOW RECOMMENDATION: That the City Council:

1. Authorize the Acting City Manager to execute a contract with Pyro Spectaculars, Inc. in the amount of $45,145, to produce a Firework Show; and

2. Amend the FY25 Community Services General Fund Budget by appropriating an additional $50,000 for the procurement of fireworks, restrooms and supplies, and $40,000 in sponsorship and parking revenue for the 2025 4th of July event; and

3. Approve the closure of Chapman Heights Road west of 10th Street and east of 13th Street, and the closure of Gold Mountain Road north of Chapman Heights Road from 6:00 p.m. until 10:00 p.m. on July 4, 2025.

10. SUBJECT: PURCHASE ORDER CHANGE ORDER FOR BRYANT GLEN FIELD

LIGHTING REPLACEMENT
RECOMMENDATION: authorize staff to increase the purchase order with Southern California West Coast Electric Inc. from $24,000 up to $60,000 for the expanded purchase of field lighting lights and installation services at Bryant Glen Park.

DISCUSSION ITEMS

11. SUBJECT: CONSTRUCTION UPDATE - COUNTY LINE ROAD CORRIDOR

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

12. SUBJECT: REJECT BIDS - UPPER WILDWOOD CREEK BASIN 4 PROJECT - PROJECT NO. 11021
RECOMMENDATION: That the City Council:

1. Reject all bids for the Upper Wildwood Creek Basin 4 Project- Project No. 11021 (Project); and

2. Direct staff to return to Council with funding options, an analysis of the Project's viability, and the Project's alignment with the 2025 City Council goals. 04/14/2025 City Council Agenda
6 13. SUBJECT: CAL FIRE LOCAL RESPONSIBILITY AREA FIRE HAZARD SEVERITY

ZONE UPDATE
RECOMMENDATION: That the City Council receive and file an update to the CAL FIRE Local Responsibility Area (LRA) Fire Hazard Severity Zones (FHSZ) affecting the City of Yucaipa and surrounding jurisdictions.

14. SUBJECT: STRATEGIC PLAN - ALTERNATIVE OPTIONS AND REQUEST FOR

DIRECTION
RECOMMENDATION: That the City Council:

1. Provide direction on how to proceed with developing the City's strategic plan; and

2. Consider expanding the role of the Measure S Citizen Oversight Committee to support this effort.

15. SUBJECT: CITY OF YUCAIPA FLAG DISPLAY POLICY
RECOMMENDATION: That the City Council review and direct staff as appropriate regarding a City Flag Display Policy.

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

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

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

16. SUBJECT: 24-044/GPA/SPA: RESCIND FREEWAY CORRIDOR SPECIFIC PLAN

UPDATE SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CERTIFICATION RECOMMENDATION: That the City Council conduct a public hearing and:

1. Rescind the certification of the Subsequent Environmental Impact Report (SEIR) that was prepared for the Freeway Corridor Specific Plan (FCSP) update that has not yet been adopted; and
04/14/2025 City Council Agenda
7 2. Find that the action to rescind the certification of a Subsequent Environmental Impact Report (SEIR) prepared for the unadopted FCSP update is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines (CEQA Guidelines).

COUNCILMEMBER REPORTS

ANNOUNCEMENTS

ADJOURNMENT
04/14/2025 City Council Agenda
8 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 $500 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, 2025. Any applicants, contractors or their agents who have made, campaign contributions totaling more than $500 to a City Councilmember or Planning Commissioner member since January 1, 2025, 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.
04/14/2025 City Council Agenda
9 NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, if you would like to challenge the decision of the City Council on an item appearing on this Agenda, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this Agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

AFFIDAVIT OF POSTING
State of California
County of San Bernardino
City of Yucaipa
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby declare that the foregoing agenda was posted on 04/10/2025, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:

Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, California City of Yucaipa website www.yucaipa.gov
Ana V. Sauseda, MMC
City Clerk
04/14/2025 City Council Agenda
10 CITY OF
pee

AGENDA REPORT
Item No. 1
DATE: April 14, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 4l/5' SUBJECT: Approve the City Council/Successor Agency/Housing Authority Minutes of March 24, 2025
RECOMMENDATION:

That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of March 24, 2025.

Attachment(s):

1. Regular Meeting Minutes — 03/24/2025
Approved by:
04/14/2025 City Council Agenda
11 ATTACHMENT 1
04/14/2025 City Council Agenda
12 City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of March 24, 2025
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
CLOSED SESSION — 3:30 PM

CALL TO ORDER
Mayor Thorp called the Closed Session meeting to order at 3:30 p.m.

CITY COUNCIL ROLL CALL
PRESENT: Jon Thorp, Mayor
Chris Venable, Mayor Pro Tem
Bob Miller, Councilmember
Judy Woolsey, Councilmember
ABSENT: Justin Beaver, Councilmember (arrived after Closed Session had started)

PUBLIC COMMENT
There were no comments.

CLOSED SESSION — 3:30 PM
A. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Section 54957
Title: City Attorney
B. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Section 54956.9(d)(1)
Name of case: Ana Sauseda v. Colleen Wang, Court of Appeal (Fourth District) Case No.

E083758
C. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Section 54956.9(d)(1)
Name of case: Yucaipa Preservation Society v. City of Yucaipa, San Bernardino County Superior Court Case No. CIVSB 2430625
D. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9:

Significant Exposure to Litigation (1) case
City Council Minutes
04/14/2025 City Council Agenda

13 E. PUBLIC EMPLOYEE APPOINTMENT (Process and Preliminary Matters) Pursuant to Section 54957
Title: Interim City Manager
The City Council entered Closed Session at 3:30 p.m.

OPEN SESSION — 6:00 PM

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

INVOCATION
The invocation was led by Pastor Randy Balling of Grace Point Fellowship.

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

CITY COUNCIL ROLL CALL
PRESENT: Jon Thorp, Mayor
Chris Venable, Mayor Pro Tem
Justin Beaver, Councilmember
Bob Miller, Councilmember
Judy Woolsey, Councilmember
ABSENT: None
STAFF
PRESENT: Jennifer Crawford, Acting City Manager
Steven Pacifico, City Attorney
Ana Sauseda, Director of General Services/City Clerk

CLOSED SESSION REPORT
City Attorney Steven Pacifico stated that the Council considered items A and C during Closed Session but there was no reportable action. The Council will resume Closed Session after the completion of Open Session to consider Items B, D and E.

City Council Minutes
04/14/2025 City Council Agenda

14 CHANGES TO THE AGENDA
Acting City Manager Crawford stated that there was an amendment to Item No. 7. Copies of the amendment were provided to the Council, uploaded to the City's website, and were made available for members of the public.

Councilmember Beaver asked for a moment of Silence in honor of Deputy Hector Cuevas.

Councilmember Beaver asked that the Council consider adding an item to the agenda to discuss the City's Flag Policy.

ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER MILLER, CARRIED 5-0, TO ADD THE URGENCY DISCUSSION ITEM.

PUBLIC SAFETY UPDATE
• Police — Captain Walker presented the statistics for February, 2025. • Fire — Chief Brown presented the statistics for February, 2025. • Code Enforcement — Trevor Benson, Public Safety Manager, presented the statistics for February, 2025.

PUBLIC COMMENT
The following members of the public spoke:
• Gus Garcia
• Mary Ruhter
• Hansen Wang

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

CONSENT AGENDA

1. SUBJECT: APPROVE THE SPECIAL CITY COUNCIL MEETING MINUTES OF MARCH 3, 2025 AND THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF MARCH 10, 2025
RECOMMENDATION: That the City Council approve the Special City Council Meeting Minutes of March 3, 2025, and the City Council/Successor Agency/Housing Authority Minutes of March 10, 2025.

2. SUBJECT: MONTHLY REPORT ON YUCAIPA APP USAGE — FEBRUARY 2025 RECOMMENDATION: That the City Council receive and file a report of the user activity on the Yucaipa App for the month of February, 2025.

City Council Minutes
04/14/2025 City Council Agenda

15 3. SUBJECT: ACCEPTANCE OF CONTRACT WORK — 13TH ST SKATE PARK SEAT WALL — PROJECT NO. 11225
RECOMMENDATION: That the City Council:

1. Accept the contract work completed by Gentry General Engineering in the amount of $38,856 for the Installation of the 13th St Skate Park seat wall— Project No. 11225 (Project); and

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

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

4. SUBJECT: ACCESS EASEMENT ACCEPTANCE — OAK GLEN ROAD AND COLORADO STREET (APN 0301-174-07)
RECOMMENDATION: That the City Council:

1. Accept a Grant of Easement for access purposes located at 32788 Oak Glen Road (APN 0301-174-07), from SG Opal Inc.; and

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

5. SUBJECT: FY25 BUDGET ADJUSTMENT — CITY MANAGER SEPARATION

PAYMENTS
RECOMMENDATION: That the City Council approve a FY25 Budget adjustment to the General Fund in the amount of $372,000 and authorize staff to execute payments related to the separation agreement.

ACTION: MOTION BY COUNCILMEMBER WOOLSEY, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 5-0, TO APPROVE CONSENT AGENDA ITEM NOS. 1 THROUGH 5.

DISCUSSION ITEMS

6. SUBJECT: SPECIAL EVENT PERMIT APPLICATION — REDLANDS BIKE

CLASSIC
RECOMMENDATION: That the City Council:

1. Approve the Special Event Permit Application (SEPA) submitted by the Redlands Bicycle Classic Inc. (RBC) to conduct the Redlands Community Hospital Crafton Hills Road Race (Race) on Friday, April 11, 2025; and

2. Authorize temporary flow restrictions on City streets.

City Council Minutes
04/14/2025 City Council Agenda

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

Applicant Mark Shaw discussed the event.

After Council discussion, the following Motion was made:

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

7. SUBJECT: CITIZEN SERVICE APPOINTMENTS TO CITY COMMITTEES RECOMMENDATION: That the City Council:

1. Consider the application received for one of the two vacant Mobilehome Park Residents under Rent Control category of the Mobilehome Park Committee and make an appointment if appropriate; and

2. Appoint five (5) residents of the City to the Measure S Citizen Oversight Committee; and

3. Appoint two (2) non -voting members of the City Council to the Youth Advisory Committee.

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

The following members of the public spoke:
• Michael McCue
• Renae Wadell
• Teri Boon
• Hansen Wang
Mobilehome Park Committee
Motion by Mayor Pro Tem Venable/Second Councilmember Beaver carried 5-0 to appoint the following:

Bruce Nelson - Yucaipa Mobilehome Park Residents under Rent Control Measure S Citizen Oversight Committee
Greg Franklin was nominated by Councilmember Miller and appointed by a majority vote of the Council.

City Council Minutes
04/14/2025 City Council Agenda

17 Denise Allen was nominated by Mayor Pro Tem Venable and appointed by a majority vote of the Council.

Kenny Wilson was nominated by Councilmember Woolsey and appointed by a majority vote of the Council.

Dr. Hansen Wang was nominated by Councilmember Beaver and appointed by a majority vote of the Council with Councilmember Woolsey voting No.

Kevin Gregory was nominated by Mayor Thorp and appointed by a majority vote of the Council.

Youth Advisory Committee
Mayor Pro Tem Venable and Councilmember Beaver were appointed to the Youth Advisory Committee as the non -voting Councilmembers.

8. SUBJECT: S.T.A.R.S. AFTER SCHOOL PROGRAM IMPACT REPORT RECOMMENDATION: That the City Council receive and file the STARS After School Program Impact Report.

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

This item was a receive and file only.

9. SUBJECT: COMMUNITY ACTIVITY GRANT PROGRAM (CAG) GUIDELINES

AND FUNDING LEVELS FOR CAG AND NON -DEPARTMENT NOT -FOR -PROFIT ORGANIZATIONS FOR FISCAL YEAR (FY) 25/26
RECOMMENDATION: That the City Council:

1. Approve the CAG Application Review Ad -Hoc Committee (Committee) recommendation to amend the FY 25/26 guidelines to designate the Scherer Community & Nutrition Center as the only City facility made available to accommodate in-kind/fee waiver requests; and

2. Approve the Committee's recommendation to maintain the appropriations of $40,000 for in-kind/fee waivers and $20,000 for financial requests for the FY 25/26 CAG cycle; and

3. Approve the Committee's recommendation to appropriate funding for FY 25/26 to Non - Department Not -for -Profit organizations as outlined in the staff report.

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

City Council Minutes
04/14/2025 City Council Agenda

18 ACTION: MOTION BY COUNCILMEMBER BEAVER, SECOND BY MAYOR THORP, CARRIED 5-0, TO APPROVE STAFF'S RECOMMENDATION.

10. SUBJECT: STRATEGIC PLAN — REQUEST FOR DIRECTION
RECOMMENDATION: That the City Council direct staff to commence the strategic planning process.

DISCUSSION: Director of Finance White presented the Agenda Report.

After Council discussion, the following Motion was made:

ACTION: MOTION BY COUNCILMEMBER BEAVER, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 5-0, TO MOVE THIS ITEM FORWARD TO THE RFP PROCESS.

11. SUBJECT: 2024 GENERAL PLAN AND HOUSING ELEMENT PROGRESS REPORT RECOMMENDATION: That the City Council receive and file the 2024 General Plan and Housing Element Progress Reports for the implementation of the City's General Plan.

DISCUSSION: Deputy Director of Community Development/City Planner Matlock presented the Agenda Report.

This item was a receive and file only.

12. SUBJECT: CITY FLAG POLICY
This Urgency Item was added to the agenda per the request of Councilmember Beaver.

After Council discussion, the following Motion was made:

ACTION: MOTION BY COUNCILMEMBER BEAVER, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 5-0, TO BRING BACK THE CITY'S FLAG POLICY FOR DISCUSSION.

COUNCILMEMBER REPORTS
Mayor Thorp announced the upcoming Run for the Hills event. He attended the 100th birthday celebration for Dorothy Womack alongside Councilmember Woolsey.

Councilmember Woolsey attended the Yucaipa Valley Water District meeting and gave a brief update. She attended orientation for her position as an Alternate Board Member with Omnitrans and attended their all -day workshop in Rancho Cucamonga.

Councilmember Miller had no reports.

City Council Minutes
04/14/2025 City Council Agenda

19 Mayor Pro Tem Venable announced the upcoming Adopt a Park Maintenance event. He encouraged the City Committees to support the event. He also announced the upcoming Sara Evans concert.

Councilmember Beaver had no reports.

ANNOUNCEMENTS
The next regular meeting is scheduled for Monday, April 14, 2025.

ADJOURNMENT
The Mayor adjourned the meeting to Closed Session at 7:51 p.m.

CLOSED SESSION
The City Council entered Closed Session at 7:51 p.m. with all members present.

The City Council reconvened into Open Session at 9:49 p.m.

CLOSED SESSION REPORT
City Attorney Pacifico announced that the Council gave direction on Item D by consensus.

ADJOURNMENT
The meeting adjourned at 9:49 p.m.

Jon Thorp, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
City Council Minutes
04/14/2025 City Council Agenda

20 Item No. 2

AGENDA REPORT
DATE: April 14, 2025
TO:

FROM: Jennifer Crawford, Acting City
Phil White, Director of Finance
Honorable Mayor and City Council
ager/Treasurer/
SUBJECT: Monthly Treasurer's Report February 2025
RECOMMENDATION:

That the City Council receive and file the Monthly Treasurer's Report for February 2025 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 4.333% in February.

While the City does not have outstanding debt related to bond issuances, the City acts in a fiduciary capacity for the Successor Agency to the former Redevelopment Agency and the Chapman Heights Community Facilities District, both of which maintain outstanding bonds. The City pools cash and investments of all funds, except for assets related to the bond issuances of the Successor Agency and 04/14/2025 City Council Agenda
21 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.

Attachment(s):

1. Treasurer Report — February

2. Treasurer Managed Portfolio Summary — February

3. LAIF Quarterly Interest Statement — February

4. Wells Fargo Operating Account — February

5. Investments with Fiscal Agent Summary — February
04/14/2025 City Council Agenda
22 ATTACHMENT 1
04/14/2025 City Council Agenda
23 City of Yucaipa
Treasurer's Report - February 28, 2025
Attachment 1
Institution/Investment Type
January 2025
Balance
February 2025
Balance
Funds Under Control of the City:

U.S. Bank Investment Account - Managed by Treasurer
Cash and Equivalents
$ 1,718,290.94
$ 1,229,739.05
U.S. Government Issues
$ 35,909,099.47
$ 37,011,152.97
Corporate Issues
$ 2,437,394.47
$ 2,144,773.71
Municipal Issues
$ 192,855.00
$ 193,878.50
Held in U.S. Bank Custody Account
$ 40,257,639.88
$ 40,579,544.23
Local Agency Investment Fund (LAIF)
$ 15,825,669.85
$ 15,825,669.85
City Checking Account
$ 8,887,545.90
$ 6,761,314.21
Petty Cash / Change Drawers
$ 2,750.00
$ 2,750.00
Total Funds Under Control of the City
$ 64,973,605.63
$ 63,169,278.29
Funds with Fiscal Agents:

Bank of New York Mellon (Chapman Heights)
CFD 98-1 - Invesco Govt Agency Private 1903
$ 216,500.00
$ 216,500.00
CFD 98-1- Municipal Bond Insurance Policy
$ 1.00
$ 1.00
CFD 98-1- Admin Exp Acct
$ 80,354.58
$ 80,354.58
CFD 98-1- Cash
$ 201,577.53
$ 201,577.53
$ 498,433.11
$ 498,433.11
U.S. Bank (Successor Agency)
RDA 1998 TAB - Blackrock Instl Funds
$ 4,879.68
$ 4,890.12
RDA 1998 TAB - LAIF
$ 48,032.29
$ 48,032.29
RDA 2004 TAB - Blackrock Instl Funds
$ 298,214.80
$ 299,058.75
RDA 2010 TAB - Blackrock Instl Funds
$ 373,523.46
$ 374,873.82
$ 724,650.23
$ 726,854.98
Total Funds with Fiscal Agents
$ 1,223,083.34
$ 1,225,288.09
Grand Total
$ 66,196,688.97
$ 64,394,566.38

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.

Treasure
/ Date
04/14/2025 City Council Agenda
24 ATTACHMENT 2
04/14/2025 City Council Agenda
25 00195601
65- -01-B -82-065-01
0101-11-04304-01

CITY OF YUCAIPA - TREASURER MANAGED

ACCOUNT
embank

Period from February 1, 2025 to February 28, 2025
: ASSEET Sti M MARY
ASSETS
02/28/2025

MARKET VALUE
% OF
MARKET
Cash And Equivalents
U.S. Government Issues
Corporate Issues
Municipal Issues
1,229,739.05
37,011,152.97
2,144, 773.71
193, 878.50

3.01 90.76

5.26 0.48
Total Assets
40,579,544.23 99.51
Accrued Income
198,657.76 0.49
Grand Total
40,778,201.99 100.00
BONDS 96.50%
CASH EQUIV & ACCR 3.50%
04/14/2025 City Council Agenda
26 ATTACHMENT 3
04/14/2025 City Council Agenda
27 3/24/25, 5:24 PM LAIF Regular Monthly Statement
California State Treasurer
Fiona Ma, CPA
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001

CITY OF YUCAIPA

TREASURER
34272 YUCAIPA BLVD.

YUCAIPA, CA 92399
Account Number:

February 2025 Statement
Account Summary
Total Deposit:

Total Withdrawal:

March 24, 2025
LAIF Home
PMIA Average Monthly
Yields
Tran Type Definitions

0.00 Beginning Balance:

0.00 Ending Balance:
15,825,669.85
15,825,669.85
https://laifr89AIgM0y006 113FW ent.aspx
28 1/1

ATTACHMENT 4
04/14/2025 City Council Agenda
29 Analyzed Business Checking - PF
Account number: ■ February 1, 2025 - February 28, 2025 • Page 1 of 6

CITY OF YUCAIPA

GENERAL OPERATING ACCOUNT
YUCAIPA CA 92399
Questions?
WICEIS
TABOO
Call your Customer Service Officer or Client Services
1-800-AT WELLS (1-800-289-3557)
5:00 AM TO 6:00 PM Pacific Time Monday - Friday
Online: wellsfargo.com
Write: Wells Fargo Bank, N.A. (114)
P.O. Box 6995
Portland, OR 97228-6995
Account summary
Analyzed Business Checking - PF
Account number Beginning balance Total credits Total debits Ending balance $8,887,545.90 $2,673,142.64 -$4,799,374.33 $6,761,314.21 Credits
Deposits
Effective Posted
date date
Amount Transaction detail
02/04 140.00 Deposit
02/07 780.00 Deposit
02/07 850.00 Deposit
02/11 02/12 91.00 Reversal of Check Posted 2-11-25 Reposted 2-12-25 as Serial 0000018090 Our Ref: 2-1 1-25 00000000
02/26 225.00 Deposit
02/27 340.00 Deposit
$2,426.00 Total deposits
Electronic deposits/bank credits
Effective Posted
date date
Amount Transaction detail
02/03 92.00 American Express Settlement 250201 Comm Devt 02/03 141.00 02/03Bankcard Deposit -
02/03 381.00 02/03Bankcard Deposit -
02/03 396.00 02/03Bankcard Deposit -
02/03 512.10 Paymentech Transfer 250203 TylerOMun Csh CA Yucaipa Gen 02/03 4,960.08 Desktop Check Deposit
02/03 6,472.30 Paymentech Transfer 250203 Tyler Eg Css CA Yucaipa Comm 02/03 118,268.66 Apport St of CA Apsapports Yucaipa City Treasurer 02/03 179,697.34 Desktop Check Deposit
02/03 5,098.99 ZBA Funding Account Transfer
02/04 21.23 Cash Only Customer Deposit
02/04 123.00 Paymentech Transfer 250204 Tyler Mun Csh CA Yucaipa Gen 02/04 3,143.00 Desktop Check Deposit
©2010 Wells Fargo Bank, N.A.

All rights reserved. Member FDIC.

Sheet 5eq=00
I' a41City Council Agenda
5heet00001 of 00006
30 ATTACHMENT 5
04/14/2025 Qity council Agenda
31 City of Yucaipa
Investment with Fiscal Agent Summary
FY 2025
Bank of New York Mellon CFD 98-1
703130 Special Tax Acct - Invesco Govt Agency Private 1903 703132 Principal AC - Cash
703132 Principal AC - Municipal Bond Insurance Policy
703170 Admin Exp Acct
U.S. Bank
RDA 1998 TAB
6711616700 Project Acct - Blackrock Instl Funds
6711616701 Interest Acct - Blackrock Instl Funds
6711616702 Principal Acct - Blackrock Instl Funds
6711616703 Sinking Acct - Blackrock Instl Funds
6711616704 Reserve Acct - Blackrock Instl Funds
6711616704 Reserve Acct - LAIF
RDA 2004 TAB
6711740700 Project Acct - Blackrock Instl Funds
6711740701 Interest Acct - Blackrock Instl Funds
6711740702 Principal Acct - Blackrock Instl Funds
6711740703 Reserve Acct - Blackrock Instl Funds
RDA 2010 TAB
6711740705 Reserve Acct - Blackrock Instl Funds
2/28/2025
$ 216,500.00
$ 201,577.53
$ 1.00
$ 80,354.58
$ 498,433.11
$ 0.24
$ 4,822.69
$ 32.32
$ 34.80
$ 0.07
$ 48,032.29
$ 52,922.41
$ 0.12
$ 150,982.45
$ 238.68
$ 147,837.50
$ 299,058.75
$ 374,873.82
04/14/2025 City Council Agenda
32 Item No. 3

AGENDA REPORT
DATE: April 14, 2025
TO: Honorable Mayor and City Council
FROM: Kevin Johnston, Information Technology Manager
SUBJECT: Approve Purchase of Verkada Cameras
RECOMMENDATION:

That the City Council approve and authorize the purchase of Verkada cameras, licenses and installation hardware from CDWG in the amount of $87,267.

BACKGROUND/DISCUSSION:

Since 2011, the City has completed Phases I-VII of the Citywide Video Surveillance System (CVSS).

There are currently 122 Verkada cameras installed at City parks, facilities and traffic signals throughout the City. These cameras have been instrumental in assisting the Yucaipa Police Department in criminal investigations and supporting public safety.

Due to the continued success of the CVSS Program, City staff has met with the Yucaipa Police Department to identify or confirm locations for the CVSS Program Phase VIII. These sites include the Community Center, Senior Center, 7th St. Park, Transit Center, Bryant Glenn Sports Complex and Jerry Lewis Regional Soccer Complex. Additionally, traffic intersections were also identified for new installs on Yucaipa Blvd. and Bryant St., Yucaipa Blvd. and 14th St., Yucaipa Blvd. and Chinaberry St., Oak Glen Rd. and Bryant St., Oak Glen Rd. and 14th St., Oak Glen Rd. and Ave E, Ave E roundabouts at 2nd St. and 3rd St., Wildwood Canyon Rd and 5th St, Sand Canyon Rd. and Campus Dr., and Live Oak Canyon Rd. and Outer Hwy 10.

CDWG has provided a quote for forty cameras, including necessary licenses and installation hardware.

Site installs are performed by staff, ensuring acceptable deployments on -site and in the cloud, while also avoiding multiyear contracts. This is considered a Piggyback Procurement as CDWG used California Multiple Award Schedules (CMAS) pricing for the quote to streamline the procurement process.

FISCAL IMPACT:
$150,000 is included in the FY25 Capital Improvement Program for Citywide Cameras Phase VIII.

Allocating the amount of $87,267 will leave a balance of $62,733. 04/14/2025 City Council Agenda
33 Attachment(s):

1. CDWG quotation
Approved by:
04/14/2025 City Council Agenda
34 ATTACHMENT 1
04/14/2025 City Council Agenda
35 Wig

GABE GARDNER,
Thank you for choosing CDW. We have received your quote.

Hardware Software
Services
IT Solutions

QUOTE CONFIRMATION
Brands
Research Hub
Thank you for considering CDW•G for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing.

For all other customers, click below to convert your quote to an order.

This quote is subject to CDW's Third Party Cloud Services Order Form Terms and Conditions set forth at
Convert Quote to Order
QUOTE #
PINB272

QUOTE DATE
3/21/2025

QUOTE REFERENCE

VERKADA
CUSTOMER #
6461713

GRAND TOTAL
$87,266.33

QUOTE DETAILS
ITEM
QTY
Verkada Bullet Series CB62-E - network surveillance camera - 33 bullet - with
CDW#
7355371

UNIT PRICE
$1,203.53
EXT. PRICE
$39,716.49
Mfg. Part#: CB62-512E-HW
Contract: CMAS Verkada Inc. (3-23-01-1017.4)
,erkada Poie Mouto: for Duu;e.,duiie .i,'ini and Fisheye 33 7560459 $139.82 $4,614.06 PTZ Camera - Whi
Mfg. Part#: ACC-MNT-POLE-1
Contract: CMAS Verkada Inc. (3-23-01-1017.4)
Verkada Video Security Cloud t_ic nse
camera license (5
Mfg. Part#: LIC-CAM-5Y-CAP
Electronic distribution - NO MEDIA
Contract: CMAS Verkada Inc. (3-23-01-1017.4)
i:v increase -
40 8262109 $601.43 $24,057.20
Verkada CD63-E - network surveillance camera - dome 4 8157020 $1,136.63 $4,546.52 Mfg. Part#: CD63-512E-HW
Contract: CMAS Verkada Inc. (3-23-01-1017.4)
Verkada CP52 SMP Outdoor PTZ Camera 2 7558289 $2,861.43 $5,722.86 Mfg. Part#: CP52-512E-HW
Contract: CMAS Verkada Inc. (3-23-01-1017.4)
verkada Large Arai i-i ui fur Libre srlr „rCi r'lultisensor 3 7558294 $106.37 $319.11 PTZ Camera - White
Mfg. Part#: ACC-MNT-XLARM-1
Contract: CMAS Verkada Inc. (3-23-01-1017.4)
04/14/2025 City Council Agenda
36 QUOTE DETAILS (CONT.)
Verkada CP63-1TBE-HW - network surveillance canner,-1 - 1 8096710 $3,143.63 $3,143.63 turret
Mfg. Part#: CP63-1TBE-HW
Contract: CMAS Verkada Inc. (3-23-01-1017.4)
Verkecia 9DG'J r'O
Gateway
Mfg. Part#: ACC-POE-90W-E-NA
Contract: California AEPA-025F S&L Gov & Hi -Ed (025-F) Ouwuor Cellular
3 7843693
$200.03 $600.09
These services are considered Third Party Services, and this purchase is subject to CDW's Third Party Cloud Services Terms and Conditions, unless you have a written agreement with CDW covering your purchase of products and services, in which case this purchase is subject to such other written agreement.

The third -party Service Provider will provide these services directly to you pursuant to the Service Provider's standard terms and conditions or such other terms as agreed upon directly between you and the Service Provider. The Service Provider, not CDW, will be responsible to you for delivery and performance of these services. Except as otherwise set forth in the Service Provider's agreement, these services are non -cancellable, and all fees are non-refundable.

PURCHASER BILLING INFO
Billing Address:

CITY OF YUCAIPA

JASON UNDERWOOD
34272 YUCAIPA BLVD
YUCAIPA, CA 92399-2434
Phone: (909) 797-3280
Payment Terms: NET 30-VERBAL
n
Sales Contact Info

SUBTOTAL

SHIPPING

SALES TAX

GRAND TOTAL

DELIVER TO
Shipping Address:

CITY OF YUCAIPA

GABE GARDNER
34272 YUCAIPA BLVD
YUCAIPA, CA 92399-2434
Phone: (909) 797-3280
Shipping Method: DROP SHIP -GROUND
Please remit payments to:

CDW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675-1515
Thomas Hartman I (312) 705-0972
$82,719.96
$0.00
$4,546.37
$87,266.33
Need Help?
My Account
■ Support
■ CaII 800.800.4239
04/14/2025 City Council Agenda

37 Item No.

AGENDA REPORT
DATE: April 14, 2025
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer i' Landon Kern, Assistant City Engineer LA<
Katrina Kunkel, Associate Engineer
4 SUBJECT: Award of Contracts — FY24/25 Pavement Rehabilitation Program, AC Berm Program and Patching Program — Project No. 11227, and FY24/25 Microsurface Program and Crack Seal Program — Project No. 11233, and Approval of Infrastructure Construction and Coordination Agreement with the Yucaipa Valley Water District RECOMMENDATION:

That the City Council:
1) Authorize the Acting City Manager to execute a contract, and the Acting City Manager or their designee to administer the terms of the contract to the lowest responsive bidder, Matich Corporation of Highland, CA, in the amount of $2,069,922 for the FY24/25 Pavement Rehabilitation Program, AC Berm Program and Patching Program — Project No. 11227; and
2) Approve the amounts of $200,000 for construction contract contingency and $50,000 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $2,319,922; and
3) Authorize the Acting City Manager to execute a contract, and the Acting City Manager or their designee to administer the terms of the contract to the lowest responsive bidder, Pavement Coatings Co. of Jurupa Valley, CA, in the amount of $209,511 for the FY24/25 Microsurface Program and Crack Seal Program — Project No. 11233; and 4) Approve the amounts of $20,000 for construction contract contingency and $10,000 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $239,511; and
5) Authorize the Acting City Manager or their designee to administer the distribution of the contract contingencies; and
6) Approve the plans and specifications prepared for these two contracts (Project No's. 11227 & 11233); and
7) Approve and authorize the Acting City Manager to execute an Infrastructure Construction 04/14/2025 City Council Agenda
38 and Coordination Agreement with the Yucaipa Valley Water District in the amount of $57,714 for the pavement rehabilitation road improvement project on Crestview Drive, Crestview Court and Sutter Avenue; and
8) Amend the FY25 Capital Improvement Program by adding the amount of $57,714 in funding from the Yucaipa Valley Water District; and
9) Adopt Resolution No. 2025-07, adopting the revised Measure I Five -Year Capital Improvement Plan for FY2024/2025 through FY2028/2029.

BACKGROUND/DISCUSSION:

On May 13, 2024, the City Council approved the FY24/25 Pavement Management Program (PMP).

Included as a part of the PMP is the FY24/25 Pavement Rehabilitation Program (Rehabilitation Program), FY24/25 Asphalt Concrete Berm Program (AC Berm Program), FY24/25 Patching Program (Patching Program), FY24/25 Microsurface Program (Microsurface Program) and the FY24/25 Crack Seal Program (Crack Seal Program).

The Rehabilitation Program includes grinding of existing asphalt and repaving streets with new asphalt.

The Microsurface Program includes application of a thin layer of an asphalt mixture that provides a new roadway surface over the entire street to seal, protect and extend the life of the asphalt structure.

The crack seal and patching processes must be completed first in preparation for the microsurface and rehabilitation processes.

The AC Berm Program includes construction or reconstruction of asphalt concrete berm adjacent to streets where asphalt pavement rehabilitation will occur. The installation of AC berm extends the useful life of the street by preventing water from undermining the asphalt.

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

Staff publicly advertised the FY24/25 Rehabilitation, AC Berm, and Patching Programs under a single contract for construction bids and on March 6, 2025, five (5) bids were received from contractors as follows:

Contractor
Bid Amount
Matich Corporation
$2,069,922
Vance Corporation
$2,090,420
Onyx Paving Company Inc.
$2,272,000
LCR Earthworks & Engineering
$2,302,273
All American Asphalt
$2,627,680
On the basis of sealed competitive bids received after publicly advertising the programs, Matich Corporation of Highland, CA, is the apparent lowest responsible bidder. Staff has reviewed the bid documents and determined that the documents meet the requirements of the contract specifications. 04/14/2025 City Council Agenda
39 Matich Corporation has completed several similar projects for the City in the past and their work has been deemed satisfactory. Consequently, staff recommends the award of the contract to Matich Corporation in the amount of $2,069,922.

Staff publicly advertised the FY24/25 Microsurface and Crack Seal Programs under a single bid contract for construction bids and on March 11, 2025, five (5) bids were received from contractors as follows:

Contractor
Bid Amount
Pavement Coatings Co.
209,511
American Asphalt South, Inc.
223,362
Roy Allan Slurry Seal Inc.
241,979
All American Asphalt
245,631
Union Pavement Services 2904
247,202
On the basis of sealed competitive bids received after publicly advertising the programs, Pavement Coatings Co. of Jurupa Valley, CA, is the apparent lowest responsible bidder. Staff has reviewed the bid documents and determined that the documents meet the requirements of the construction contract specifications. Pavement Coatings Company has completed several similar projects for the City in the past and their work has been deemed satisfactory. Consequently, staff recommends the award of the contract to Pavement Coating Company in the amount of $209,511.

Yucaipa Valley Water District (YVWD) recently replaced approximately 1,300 linear feet of water mains on Crestview Drive, Crestview Court and Sutter Avenue. In coordination with the City, YVWD completed temporary trench and asphalt repairs on these streets in anticipation of the City's Rehabilitation Program. In accordance with the City's Engineering Design Standards for asphalt and trench repairs, YVWD would be required to construct permanent trench and asphalt repairs when they complete their pipeline replacement projects within the City. As has been done in the past, and due to the timing and scope of work with the City's Project, YVWD has expressed interest in contributing funding to the City's Project to allow the City's contractor to perform the required permanent trench and asphalt repair work as part of the City's Rehabilitation Project. By performing the trench repairs as part of the City's street rehabilitation work, it will result in a better finished product and will extend the overall life of the pavement by eliminating trenching joints in the asphalt caused by utility pavement cuts and trench repairs.

Staff is recommending that the City Council authorize the Acting City Manager to execute an Infrastructure Construction and Coordination Agreement (Agreement) with YVWD. This Agreement will allow YVWD to contribute $57,714 in funding to the City for the Rehabilitation Program in order to complete the required asphalt trench repairs and repaving on Crestview Drive, Crestview Court and Sutter Avenue.

Completing the rehabilitation of these street segments now with partial funding from YVWD will result in a timely, cost-effective trench repair and improve the overall condition of the asphalt pavement at these locations.

On June 10, 2024, the City Council approved Resolution 2024-30, identifying the FY2024/2025- 04/14/2025 City Council Agenda
40 FY2028/2029 Measure I Five -Year Capital Improvement Plan. The approved plan includes estimated project costs for PMP subprograms that utilize Measure I funds. In reviewing the approved resolution for consistency with the subprograms, staff discovered that the attachments to the resolution were incomplete. Staff is recommending that the City Council approve a revised resolution with all of the appropriate attachments. Proposed Resolution No. 2025-07 will ensure that the City is in compliance with applicable Measure I requirements.

FISCAL IMPACT:

There is sufficient funding in the FY25 Budget to accommodate recommendations 1 through 7.

Recommendation 8 provides funding of $57,714 to the FY25 Capital Improvement Program.

Recommendation 9 results in no fiscal impact.

Attachments:

1. Bid Summaries

2. Contract Agreements

3. List of Streets to be maintained

4. Infrastructure Construction and Coordination Agreement

5. Resolution No. 2025-07
Approved by• �\
04/14/2025 City Council Agenda
41 ATTACHMENT 1
04/14/2025 City Council Agenda
42 2024/2025 Pavement Rehabilitation, AC
Berm & Program and Patching Program
Project No. 11227
3/6/25
Matich Corporation
1596 Harry Sheppard Blvd San
Bernardino, CA 92408
Vance Corporation
P.O. Box 575 Beaumont, CA
92223
Onyx Paving Company Inc
2890 E. La Cresta Ave
Anaheim, CA 92806
LCR Earthworks& Engineering
4791 Mt. Rainer St
Jurupa, CA 92509
All American Asphalt
P.O.Box Corona, CA
Item
No.

Item Description
Qty
Unit
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
1 Mobilization (Not to exceed 5% of contract)
1 LS
$102,400.56
$102.400.56
$56,213.10
556,213.10
5109,302.92
$109,302.92
$109,000.00
$109,000.00
$110,000.00
5110,000.00
2 Cold Mill Existing A.C. Pavement- 2" Depth, Complete
in Place
204,622
SF
$0.46
$94,126.12

50.41 $83,895.02

50.44 $90,033.68
$0.50
$102,311.00
S0.75
$153,466.50
3 Furnish and Place 2 1/2" A.C. Pavement
204,622
SF
$1.56
$319,210.32

52.11 $431,752.42
$1.80
$368,319.60
$2.15
5439,937.30

52.10 $429,706.20
4 Cold Mill Existing A.C. Pavement- 4" Depth, Complete
in Place.$0.53
176.850
SF
593,730.50
$0.28
549,518.00
$0.88
$155,628.00
$0.60
$106,110.00
$0.80
$141,480.00
5 Furnish and Place 4" A.C. Pavement
176,850
SF
$2.23
$394,375.50
$2.87
$507,559.50
$2.80
$495,180.00
$3.00
$530,550.00
$3.00
$530,550.00
6 Pulverize Existing Pavement to a max depth of 8-9".

Grade and compact
194,524
SF
$0.61
$118,659.64
$0.25
$48,631.00
$0.22
$42,795.28

50.15 $29,178.60
$0.40
$77,809.60
7 Remove and Dispose of 3-4" Pulvenzed Material as
Required
194,524
SF
$0.83
$161,454.92
$0.50
$97,262.00
$0.88
$171,181.12
$0.80
S155,619.20

51.40 $272,333.60
8 Furnish and Place 4" A C. Pavement
194,524
SF
5252
5490,200.48

52.91 $566,064.84
$2.80
$544,667.20
$3.00
5583,572.00
$3.00
$583,572.00
9 Furnish and Place 12" Cement Treated Base
I
AL
$75,000.00
575,000.00
$75,000.00
$75,000.00
$75,000.00
575,000.00
575,000.00
575,000.00
$75,000.00
$75,000.00
10 Adjust Sewer Manhole Covers Lower and Raise to
Finish Grade, Complete in Place.
03 EA
$2,650.00
$60,950.00
$1,594.87
536,682.01
$2,100.00
548,300.00
$1,300.00
529,900.00
$1,900.00
$43,700.00
11 Adjust Utility Valve Covers Lower and Raise to Finish Grade, Complete in Place
32 EA
$170.00
$5,440.00
$237.61
57,60352
$1,050.00
$33,600.00
$1,100.00
$35,200.00
$1,370.00
$43,840.00
12 Sawcut, Remove and Salvage Existing PCC Curb and
Gutter
160
LF
564.00
$10,240.00
$74.17
$11,867.20
$7.00
$1,120.00
$15.00
52,400.00
$13.00
52,080.00
13 Construct 8" Curb and Gutter per SBCo Std 115
55 LF
$194.00
$10,670.00
$66.44
$3,654.20
$110.00
$6,050.00
$125.00
$6,875.00
$51.00
$2,805.00
14 Remove and Replace 4'Concrete Ribbon Gutter per
APWA Sid. 122-3
305
LF
$110.00
$33,550.00
$52.90
$16,134.50
$110.00
$33,550.00
$45.00
$13,725.00
$132.00
$40,260.00
15 Sawcut, Remove and Salvage Existing Concrete
650
SF

57.10 54,615.00
$20.83
$13,539.50
$6.00
$3,900.00
$5.00
$3,250.00
$5.00
$3,250.00
16 Thermoplastic Striping - 4" Double Yellow Two-
Direction No passing with pavement markers,
(CAMUTCD A20A DU 22) Complete in Place
3,950
$1.77
S6,991.50
S1.39
$5,490.50
S1.35
$5,332.50
S1.60
S6,320.00
S1.30
S5,135.00
17 Thermoplastic Striping - 4" Double -Double Yellow ,
Double Left Edge Line with Pavement Markers,
(CAMUTCD A20B DtI 29) Complete in Place
200
LF

53.40 5680.00
$2.51
$502.00
$2.40
$480.00
$350
$700.00
$2.30
5460.00
04/14/2025 City Council Agenda
43 2024/2025 Pavement Rehabilitation, AC
Berm & Program and Patching Program
Project No. 11227
3/6/25
Matich Corporation
1596 Harry Sheppard Blvd San
Bernardino, CA 92408
Vance Corporation
P.O. Box 575 Beaumont, CA
92223
Onyx Paving Company Inc
2890 E. La Cresta Ave
Anaheim, CA 92806
LCR Earthworks& Engineering
4791 Mt. Rainer St
Jurupa, CA 92509
All American Asphalt
P.O.Box Corona, CA
Item
No.

Item DescriptionOty
Unit
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
18 Thermoplastic Striping - 4" Double Yellow Two -Way
Left -Turn Lane Pattern with Pavement Markers,
(CAMUTCD A20B DO 32) Complete in Place
2,500
LF

53.00 $7,500.00
$2.23
$5,575.00

52.10 55,250.00
$2.00
$5,000.00
$2.10
$5,250.00
19 Thermoplastic Striping - 4" Yellow Dashed Centerline, (CAMUTCD A2OA DO 2 or Dtl 6) Complete in Place
1,620
LF
$0.91
$1,474.20

50.67 51,085.40

50.66 $1,069.20

51.25 52,025.00
$0.60
$972.00
20 Thermoplastic Striping - 4" Yellow Left Edge Line,
(CAMUTCD A20B DO25) Complete in Place
110
LF
$1.00
$110.00
$0.72
$79.20
$0.70
577.00
$6,00
$660.00
$0.70
$77.00
21 Thermoplastic Striping - 4" White Edge Line
(CAMUTCD A20B Dtl 273)
3,900
LF

51.00 $3,900.00
$0.72
$2,808.00
$0.70
$2,730.00

51.00 $3,900.00
$0.70
$2,730.00
22 Thermoplastic Striping -4" White Dashed Lane Line,
(CAMUTCD A20A DO or DO 12) Complete in Place
5,600
LF
$0.91
55,096.00
$0.67
$3,752.00
$0.66
$3,696.00
$0.75
$4,200.00

50.60 $3,360.00
23 Thermoplastic Striping- 12" White Solid Stop Limit
Line (CAMUTCD A24G), Complete in Place.
335
LF
$6.00
52,010.00
$5.01
$1,676.35
$4.75
51,591.25
$6.00
$2,030.00
$4.70
$1,574.50
24 Thermoplastic Striping - 8" White Channclizing Line, (CAMUTCD DO 37B) Complete in Place
375
LF
$1.62
$607.50

51.11 $416.25
$1.05
5393.75
$4.00
$1,500.00
$1.00
$375.00
25 Thermoplastic Striping- 12" White Crosswalk
(CAMUTCD A24F), Complete in Place
80 LF
$6.00
$480.00

54.73 $378.40
$4.50
$360.00
$15.00
$1,200.00
$4.40
$352.00
26 Thermoplastic Striping - 12" Yellow Crosswalk
(CAMUTCD A24F), Complete in Place
60 LF
$6.00
$360.00

54.73 $283.80
$4.50
$270.00
$15.00
$900.00

54.40 5264.00
27 Thermoplastic Striping - 6" White Bike Lane Line
(CAMUTCD DII 39), Complete in Place
6,730
LF

50.91 $6,124.30
$0.89
$5,989.70
$0.85
$5,720.50
$1.00
$6,730.00

50.80 55,384.00
28 Thermoplastic Striping - 6" White Bike Lane
Intersection Line (CAMUTCD A20D DO 39A),
Complete in Place
590
LF
$0.91
$536.90
$0.84
$495.60
$0.80
$472.00

51.00 $590.00
$0.80
$472.00
29 Thermoplastic Pavement Markings - Bike Lane Legend
with Arrow (CAMUTCD A24A and A24C). Complete
in Place
8 EA
$76.07
5608.56
$323.12
52,584.96
$305.00
52,440.00
$450.00
$3,600.00
$300.00
$2,400.00
30 Thermoplastic Pavement Markings - STOP Legend,
Complete in Place
17 EA
$150.00
$2,550.00
$328.69
$5,587.73
$310.00
55,270.00
$250.00
$4,250.00
$305.00
55,185.00
31 Thermoplastic Pavement Markings - STOP AHEAD
Legend, Complete in Place
3 EA
$380.00
$1,140.00
$445.68
51,337.04
$420.00
$1,260.00
$500.00
$1,500.00
$415.00
$1,245.00
32 Thermoplastic Pavement Markings - SIGNAL AHEAD
Legend, Complete in Place
2 EA
5440.00
58130.00
$501.40
$1,002.80
$475.00
$950.00
5700.00
51,400.00
5466.00
$932.00
33 Thermoplastic Pavement Markings - Directional Arrow, Complete in Place
8 EA
$100.00
$800.00
$211.70
$1,693.60
$200.00
$1,600.00
$120.00
$960.00
$197.00
$1,576.00
34 Thermoplastic Pavement Markings - Drop Arrow
Legend, Complete in Place.
2 EA
$280.00
5560.00
$217.27
$434.54
$205.00
$410.00
$500.00
$1,000.00
$202.00
$404.00
04/14/2025 City Council Agenda
44 2024/2025 Pavement Rehabilitation, AC
Berm & Program and Patching Program
Project No. 11227
3/6/25
Matich Corporation
1596 Harry Sheppard Blvd San
Berra din°, CA 92408
Vance Corporation
P.O. Box 575 Beaumont, CA
92223
Onyx Paving Company Inc
2890 E. La Cresta Ave
Anaheim, CA 92806
LCR Earthworks& Engineering
4791 Mt. Rainer St
Jurupa, CA 92509
All American Asphalt
P.O.Box Corona, CA
Item
No.

Item Description
CM
Unit
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
35 Construct 8" A.C. Berm per SBCo. Std. 117
1500
LF
510.70
516,050.00

56.40 $9,600.00
$16.00
524,000.00
$12.00
518,000.00
518.00
$27,000.00
37 Remove 6" of subgrade. Furnish, place and compact
CAB.5307.00
120
CY
336,840.00
$285.57
S34,768.40
5250.00
$30,009.00
$110.00
513,200.00
$439.00
$52,680.00
Total
52,069,922.00
Total
52,090,420.08
Total
$2,272,000.00
Total
$2,302,273.10
Total
$2,627,680.40
04/14/2025 City Council Agenda
45 3

2024/2025 Pavement Microsurface Program
& Crack Seal Program Project No.11233
3/11/25
Pavement Coatings Co.
10240 Sa Sevaine Jurupa Valley,
CA 91752
American Asphalt South, Inc
P.O. Box 310036 Fontana, CA
92331
Roy Allan blurry Seal Inc.
12643 Emmena Way Santa Fe
Springs, CA 90670
All Amerion Asphalt P.O. Box 2229
Corona, CA 92878
Union Pavement Services 2904
Rubidoux Blvd STEHA Jurupa, CA
92509
Item
No.

Item DescriptionQty
Unit
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
1 Mobilization (Not to exceed 3% of contract)

1.00 LS
56,000.00
$6,000.00
$6,000.00
$6,000.00
$6,000.00
$6,000.00
$4,000.00
$4,000.00
$7,000.00
$7,000.00
2 Furnish and Install Micro -Surfacing Type 11, Application Kate 18-204'S Per SY (Dry Aggregate Weight)"
315,000
SF
$035
$110,250.00
$0.40
5126,000.00
$0.47
$148,050.00
$0.43
$135,450.00
$0.48
$151,200.00
3 Furnish and Install Crack Sealing, Complete in Place
20,000
LBS
$3.00
$60,000.00
$3.03
$60,600.00
$2.86
$57,200.00
$3.00
$60,000.00
$2.94
$58,800.00
4 Thermoplastic Striping - 4" Double Yellow Two-
Direction No passing with pavement markers,
(CAMUTCD A20A DO 22) Complete in Place
1,775
LF
$1.30
$2,307.50

51.21 52,147.75

51.20 $2,130.00

51.80 $3,195.00

51.19 52,112.25
5 Thermoplastic Striping - 4" Double -Double Yellow ,
Double Left Edge Line with Pavement Markers,
(CAMUTCD A20B Dt1 29) Complete in Place
450
LF
$2.70
$1,215.00
$2.42
$1,089.00

52.40 51,080.00
$3.64
$1,638.00
$2.38
$1,071.00
6 Thermoplastic Striping-4" Double Yellow Two -Way
Left -Turn Lane Pattern with Pavement Markers,
(CAMUTCD A20B DO 32) Complete in Place
3,000
LF
$2.22
56,660.00

52.09 $6,270.00
$2.10
56,300.00
$3.14
$9,420.00
$2.05
56,150.00
7 Thermoplastic Striping - 4" White Edge Line
(CAMUTCD A20B DII 27B)
605
LF
$0.74
$447.70
$0.61
$369.05
$0.60
$363.00
$1.00
$605.00
$0.59
$356.95
8 Thermoplastic Striping - 4" White Dashed Lane Line,
(CAMUTCD A2OA DO 9 or Dtl 12) Complete in Place
7,525
LF
$059
$4,439.75
$0.55
$4,138.75
$055
$4,138.75
$0.80
$6,020.00

50.54 $4,063.50
9 Thermoplastic Striping- 12" White Solid Stop Limit Line (CAMUTCD A24G), Complete in Place.
50 LF
$6.50
$325.00
$4.95
$247.50
$4.95
$247.50
$7.44
$372.00
$4.86
$243.00
10 Thermoplastic Striping- 12" White Crosswalk
(CAMUTCD A24F), Complete in Place
165
LF

55.61 $925.65
$4.95
$816.75
$4.95
$816.75
$7.20
$1,188.00
$4.86
$801.90
11 Thermoplastic Striping-6" White Bike Lane Line
(CAMUTCD Dtl 39), Complete in Place
8,795
LF
$0.70
$6,156.50

50.66 $5,804.70

50.66 $5,8134.70
$1.00
$8,795.00
$0.65
55,716.75
12 Thermoplastic Striping - 6" White Bike Lane
Intersection Line (CAMUTCD A20D DO 39A),
Complete in Place
1,435
LF
$0.68
$975.80
$0.61
$875.35
$0.60
$861.00
$1.00
$1,435.00
$0.59
$846.65
13 Thermoplastic Pavement Markings - Bike Lane Legend
with Arrow (CAMUTCD A24A and A24C), Complete
in Place
17 EA
5218.00
$3,706.00
520350
53,45950
$203.00
$3,451.00
$305.00
$5,185.00
$199.80
53,396.60
14 Themoplastic Pavement Markings - STOP Legend,
Complete in Place.
2 EA
$375.00
$750.00
$324.50
$649.00
$324.00
$648.00
$488.00
5976.00
$318.60
$637.20
15 Thermoplastic Pavement Markings - STOP AHEAD
Legend, Complete in Place
2 EA
$560.00
$1,120.00
$500.50
$1,001.00
$500.00
51,000.00
$752.00
51,504.00
$491.40
$982.80
16 Thermoplastic Pavement Markings - SIGNAL AHEAD
Legend, Complete in Place
4 EA
$590.00
52,360.00
$544.50
$2,178.00
5544.00
$2,176.00
$818.00
53,272.00
$534.60
$2,138.40
17 Thermoplastic Pavement Markings - Directional Arrow, Complete in Place
8 EA
$234.00
51,872.00
$214.50
$1,716.00
5214.00
$1,712.00
$322.00
52,576.00
$210.60
$1,684.80
$209,510.90
Total
$223,362.35
Total
$241,978.70
Total
$245,631.00
Total
$247,201.80
04/14/2025 City Council Agenda
46 ATTACHMENT 2
04/14/2025 City Council Agenda
47 AGREEMENT
THIS AGREEMENT is made and entered into this 141' day of April 2025 by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City," and Matich Corporation
, located at P.O. Box 10
Contractor / Company Name Street Address
Highland CA 92346 (909) 382-7400 hereinafter referred to as "Contractor".

City State Zip Code Phone
PROJECT: 2024/2025 Pavement Rehabilitation Program and Patching Program -Project No. 11227 WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:

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

In consideration of such work, City agrees to pay Contractor, and Contractor agrees to accept the sum of Two Million Sixty -Nine Thousand Nine Hundred Twenty -Two Dollars and 00 Cents ($2,069,922.00) in the manner provided in the Contract Documents and subject to adjustment provided therein.

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

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

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

ATTEST: CITY OF YUCAIPA
A Municipal Corporation
Ana Sauseda, MMC
Director of General Services/City Clerk

FUNDS AVAILABLE/INSURANCE
APPROVED:

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

Steven Graham, City Attorney
Jennifer Crawford, Acting City Date
Manager
CONTRACTOR:

Matich Corporation
Date
04/14/2025 City Council Agenda
48 AGREEMENT
THIS AGREEMENT is made and entered into this 14th day of April 2025 by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City," and
Pavement Coatings Co.
, located at 10240 San Sevaine Way
Contractor / Company Name Street Address
Jurupa Valley CA 91752 (714) 826-3011 hereinafter referred to as "Contractor".

City State Zip Code Phone
PROJECT: 2024/2025 Pavement Microsurface & Crack Seal Program -Project No. 11233 WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:

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

In consideration of such work, City agrees to pay Contractor, and Contractor agrees to accept the sum of Two -Hundred and Nine Thousand Five -Hundred and Ten Dollars and Ninety Cents ($209,510.90) in the manner provided in the Contract Documents and subject to adjustment provided therein.

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

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

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

ATTEST: CITY OF YUCAIPA
A Municipal Corporation
Ana Sauseda, MMC
Director of General Services/City Clerk

FUNDS AVAILABLE/INSURANCE
APPROVED:

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

Steven Graham, City Attorney
Jennifer Crawford, Acting City Date
Manager
CONTRACTOR:

Pavement Coatings Co.

Date
04/14/2025 City Council Agenda
49 ATTACHMENT 3
04/14/2025 City Council Agenda
50 APPENDIX "A"
2024/2025 PAVEMENT MICROSURFACE
PROJECT NO. 11233

STREET LIST
2024/2025 PAVEMENT MICROSURFACE PROGRAM and CRACK SEAL

PROGRAM
Street Segment
From
To
Area (SF)
Arterial Street

OAK GLEN ROAD

YUCAIPA BLVD

AVNEUE E
265,000
Local Streets

HOLMES STREET

BELLA VISTA DRIVE

WILDWOOD CANYON ROAD
48,000
04/14/2025 City Council Agenda
51 2024/2025 Pavement Rehabilitation
PROJECT NO. 11227

STREET REHABILITATION

STREET LIST
2024/2025 PAVEMENT REHABILITATION PROGRAM AND PATCHING

PROGRAM
PULVERIZE 8-9" AND PLACE 4" — Arterial Streets
Segment
From
To
Area (SF)
Avenue D
16th Street
15th Street
55,476
Avenue D
2nd Street
California Street
51,948
COLD MILL 4" AND PLACE 4" — Arterial Streets
Segment
From
To
Area (SF)
Oak Glen Road
Avenue E
Colorado Street
176,850
COLD MILL 2" AND PLACE 2 1/2" — Arterial Streets
Segment
From
To
Area (SF)
Avenue E
6th Street
5th Street
70,452
16th Street
Dunlap Blvd
Avenue E
62,190
16th Street
Avenue D
Yucaipa Boulevard
41,004
PULVERIZE 8-9" AND PAVE 4" — Local
Segment
From
To
Area
(SF)
Bella Vista Drive
Bella Vista Court
Grant Street
23,175
04/14/2025 City Council Agenda
52 COLD MILL 2" AND PLACE 3 1/2" — Local Streets
Segment
From
To
Area
(SF)
Ravencrest Court
West End
East End
29,000
Crestview Dr
Douglas St
Sutter Ave
23,000
Sutter
Crestview Dr
300' South
9,100
Crestview Ct
Douglas St
Sout End
9,700
Custer St
Mountain View St
Edge of Pavement
3,591
Hollybrook Ln
Hope Ln
Edge of Pavement
1,233
COLD MILL 2" AND PLACE 2 1/2" — Local Streets
Segment
From
To
Area
(SF)
Bella Vista Court
Edge of Pavement
Bella Vista Drive
15,732
Public Portion of
Sidana Road
Avenue H
Damascus Street

7.956
Piave 4" AC on Compacted Native
Segment
From
To
Area
(SF)
Cherry Croft Ave
(Half Street Only)
Oak Glen Road
TBD (As Directed by
Engineer)
4,900
04/14/2025 City Council Agenda
53 ATTACHMENT 4
04/14/2025 City Council Agenda
54 AGREEMENT NO. 2025-06

INFRASTRUCTURE CONSTRUCTION AND COORDINATION AGREEMENT

CRESTVIEW DRIVE, CRESTVIEW COURT, SUTTER AVENUE

AGREEMENT BY AND BETWEEN

THE CITY OF YUCAIPA AND THE YUCAIPA VALLEY WATER DISTRICT The City of Yucaipa, a Municipal Corporation, hereinafter referred to as "City", and Yucaipa Valley Water District, a Special District, hereinafter referred to as "District", hereby mutually agree as follows.

A. Purpose of Agreement: The District has recently completed a pipeline replacement construction project consisting of the installation of approximately 1,300 linear feet of 8-inch water main on Crestview Drive, Crestview Court and Sutter Avenue. In coordination with the City, YVWD completed temporary trench and asphalt repairs on the street segments and will contribute funding to the City's upcoming 2024/2025 Pavement Rehabilitation Program to allow the City's contractor to perform the required permanent trench and asphalt repair work as part of the City's overall project.

Figure 1: Approximate alignment limits of the YVWD pipeline project (pink) within the associated paving limits (green). 04/14/2025 City Council Agenda
55 B. Scope of Agreement: In exchange for the City's repair and paving activities on Crestview Drive, Crestview Court and Sutter Avenue the District will:

A. Contribute $57,714 toward the City's 2024/2025 Street Rehabilitation Program (Estimated paving cost table attached).

B. The trenches with temporary pavement on Crestview Drive, Crestview Court and Sutter Avenue will remain in place and will be maintained by the City until the City's pavement rehabilitation work in this area is completed.

IN WITNESS WHEREOF, the City of Yucaipa and the Yucaipa Valley Water District have executed this Agreement the day and year first written below.

City of Yucaipa Yucaipa Valley Water District
, City Manager Joseph Zoba, General Manager
Date Date
04/14/2025 City Council Agenda
56 ESTIMATED PAVING COSTS
Infrastructure Construction And Coordination Agreement
Crestview Drive, Crestview Court, Sutter Avenue

BID ITEM

CRESTVIEW DRIVE - DOUGLAS STREET TO SUTTER AVENUE

EST QTY
UNIT

MATICH BID ITEM

UNIT PRICE

TOTAL CONTRACT
PRICE
8 FURNISH AND PLACE 4" AC PAVEMENT
25,000
SF
$ 2.52
$ 63,000.00
6 PULVERIZE EXISTING PAVEMENT TO A DEPTH OF 8"-9" (GRADE THEN COMPACT) 25,000
SF
$ 0.61
$ 15,250.00
7 REMOVE AND DISPOSE OF 3"-4" PULVERIZED MATERIAL AS REQUIRED 25,000
SF
$ 0.83
$ 20,750.00
12 SAW CUT, REMOVE AND SALVAGE EXISTING CURB, GUTTER
20 LF
$ 64.00
$ 1,280.00
13 CONSTRUCT 8" CURB AND GUTTER PER SB COUNTY STD 115
20 LF
$ 194.00
$ 3,880.00
14 REMOVE AND REPLACE 4' CONCRETE RIBBON GUTTER PER APWA STD 122-3 20 LF
$ 110.00
$ 2,200.00
23 THERMOPLASTIC STRIPING - 12" WHITE SOLID STOP LIMIT LINE - COMPLETE IN PLACE 20 LF
$ 5.20
$ 104.00
30 THERMOPLASTIC PAVEMENT MARKINGS - STOP LEGEND - COMPLETE IN PLACE 1 EA
$ 310.00
$ 310.00
TOTAL
$ 106,774.00

BID ITEM

CRESTVIEW COURT - CRESTVIEW DRIVE TO SOUTH END

EST QTY
UNIT

MATICH BID ITEM

UNIT PRICE

TOTAL CONTRACT
PRICE
8 FURNISH AND PLACE 4" AC PAVEMENT
10,000
SF
$ 2.52
$ 25,200.00
6 PULVERIZE EXISTING PAVEMENT TO A DEPTH OF 8"-9" (GRADE THEN COMPACT) 10,000
SF
$ 0.61
$ 6,100.00
7 REMOVE AND DISPOSE OF 3"-4" PULVERIZED MATERIAL AS REQUIRED 10,000
SF
$ 0.83
$ 8,300.00
14 REMOVE AND REPLACE 4' CONCRETE RIBBON GUTTER PER APWA STD 122-3 20 LF
$ 110.00
$ 2,200.00
23 THERMOPLASTIC STRIPING - 12" WHITE SOLID STOP LIMIT LINE - COMPLETE IN PLACE 0 LF
$ 5.20
$ -
30 THERMOPLASTIC PAVEMENT MARKINGS - STOP LEGEND - COMPLETE IN PLACE 0 EA
$ 310.00
$ -
TOTAL
$ 41,800.00

BID ITEM

SUTTER AVENUE - CRESTVIEW DRIVE TO END OF WATER LINE IMROVEMENTS

EST QTY
UNIT

MATICH BID ITEM

UNIT PRICE

TOTAL CONTRACT
PRICE
8 FURNISH AND PLACE 4"' AC PAVEMENT.
7,100
SF
$ 2.52
$ 17,892.00
6 PULVERIZE EXISTING PAVEMENT TO A DEPTH OF 8"-9" (GRADE THEN COMPACT) 7,100
SF
$ 0.61
$ 4,331.00
7 REMOVE AND DISPOSE OF 3"-4" PULVERIZED MATERIAL AS REQUIRED 7,100
SF
$ 0.83
$ 5,893.00
14 REMOVE AND REPLACE 4' CONCRETE RIBBON GUTTER PER APWA STD 122-3 20 LF
$ 110.00
$ 2,200.00
23 THERMOPLASTIC STRIPING - 12" WHITE SOLID STOP LIMIT LINE - COMPLETE IN PLACE 0 LF
$ 5.20
$ -
30 THERMOPLASTIC PAVEMENT MARKINGS - STOP LEGEND - COMPLETE IN PLACE 0 EA
$ 310.00
$ -
TOTAL
$ 30,316.00

TOTAL COST TO REHABILITATE ALL THREE STREET SEGMENTS PER AGREED UNIT PRICES $ 178,890.00

YVWD PORTION - CRESTVIEW DRIVE - DOUGLAS STREET TO SUTTER AVENUE

YVWD PORTION - CRESTVIEW COURT - CRESTVIEW DRIVE TO SOUTH END

YVWD PORTION - SUTTER AVENUE - CRESTVIEW DRIVE TO END OF WATER LINE IMROVEMENTS 36% $
26% $
28% $
38,530.00
10,780.00
8,404.00

TOTAL PROPOSED COST TO YVWD
$ 57,714.00
04/14/2025 City Council Agenda
57 ATTACHMENT 5
04/14/2025 City Council Agenda
58 RESOLUTION NO. 2025-07

RESOLUTION OF THE CITY COUNCIL OF THE CITY YUCAIPA,

CALIFORNIA, ADOPTING THE REVISED MEASURE I FIVE-YEAR
CAPITAL IMPROVEMENT PLAN FOR FY2024/2025 THROUGH
FY2028/2029
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04- 01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five -Year Capital Improvement Plan; and
WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation -related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five -Year Capital Improvement Plan, which for the City of Yucaipa is $175,764.

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

Section 1. The Revised Measure I Five -Year Capital Improvement Plan, attached to this resolution as Exhibit A, is hereby adopted.

PASSED, APPROVED, and ADOPTED this 14th day of April, 2025.

Jon Thorp, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
04/14/2025 City Council Agenda
59 Resolution Number:
2025-07
Resolution Approval Date:
4/14/2025
Contact Person/Title::iado,
Director of Development Services/C
Phone:
(909) 797-2489 exl 240
Email:
[email protected]
Measure I Local Pass -through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2024/2025 thru 2028/2029
Jurisdiction:

Yucaipa
6/30/24 Carryover Balance
$2,521,107.00
Is Project in
City's
Non -motorized
Transportation
P
Plan?
(Yes/No)
Does Project
have an ATP
Component?
P
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
FY2024/25 Est. Revenue
FY2025/26 Est. Revenue
FY2026/27 Est. Revenue
FY2027/28 Est. Revenue
FY2028/29 Est. Revenue
Total Est. Rev.
$1,411,989
$1,443,496
$1,484,508
$1,524,919
$1,577,044
$7,441,956
Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate
Total
Projects:

FY24/25 Street/Pavement Rehabilitation Program
No
No

0.0%

0.0%
$2,069,922
$2,069,922
$0
$0
$0
$0
$2,069,922
FY24/25 Surface Treatment Program
No
No

0.0%

0.0%
$174,943
$174,943
$0
$0
$0
$0
$174,943
FY24/25 Crack Seal Program
No
No

0.0%

0.0%
$60,000
$60,000
$0
$0
$0
$0
$60,000
FY24/25 AC Berm Program
No
No

0.0%

0.0%
$82,348
$82,348
$0
$0
$0
$0
$82,348
FY24/25 Patching Program
No
No

0.0%

0.0%
$226,456
$226,456
$0
$0
$0
$0
$226,456
FY24/25 Concrete Program
No
No

0.0%

0.0%
$188,416
$188,416
$0
$0
$0
$0
$188,416
FY24/25 Understreet Drain Pipe Program
No
No

0.0%

0.0%
$41,174
$41,174
$0
$0
$0
$0
$41,174
FY24/25 Striping Program
No
No

0.0%

0.0%
$82,348
$82,348
$0
$0
$0
$0
$82,348

0.0%

0.0%
$0
$0
$0
$0
$0
$0
FY25/26 Street/Pavement Rehabilitation Program
No
No

0.0%

0.0%
$1,808,694
$1,808,694
$0
$0
$0
$1,808,694
FY25/26 Surface Treatment Program
No
No

0.0%

0.0%
$1,085,216
$1,085,216
$0
$0
$0
$1,085,216
FY25/26 Crack Seal Program
No
No

0.0%

0.0%
$180,869
$180,869
$0
$0
$0
$180,869
FY25/26 AC Berm Program
No
No

0.0%

0.0%
$0
$0
$0
$0
$0
$0
FY25/26 Patching Program
No
No

0.0%

0.0%
$198,956
$198,956
$0
$0
$0
6198,956
FY25/26 Concrete Program
No
No

0.0%

0.0%
$180,869
$180,869
$0
$0
$0
$180,869
FY25/26 Understreet Drain Pipe Program
No
No

0.0%

0.0%
$36,174
$36,174
$0
$0
$0
$36,174
FY25/26 Striping Program
No
No

0.0%

0.0%
$72,348
$72,348
$0
$0
$0
$72,348

0.0%

0.0%
$0
$0
$0
$0
$0
FY26/27 Street/Pavement Rehabilitation Program
No
No

0.0%

0.0%
$1,619,611
$1,619,611
$0
$0
$1,619,611
FY26/27 Surface Treatment Program
No
No

0.0%

0.0%
$906,982
$906,982
$0
$0
$906,982
FY26/27 Crack Seal Program
No
No

0.0%

0.0%
$161,961
$161,961
$0
$0
$161,961
FY26/27 AC Berm Program
No
No

0.0%

0.0%
$64,784
$64,784
$0
$0
$64,784
FY26/27 Patching Program
No
No

0.0%

0.0%
$178,157
$178,157
$0
$0
$178,157
FY26/27 Concrete Program
No
No

0.0%

0.0%
$161,961
$161,961
$0
$0
$161,961
FY26/27 Understreet Drain Pipe Program
No
No

0.0%

0.0%
$32,392
$32,392
$0
$0
$32,392
FY26/27 Striping Program
No
No

0.0%

0.0%
$64,784
$64,784
$0
$0
$64,784

0.0%

0.0%
$0
$0
$0
$0
FY27/28 Street/Pavement Rehab Program
No
No

0.0%

0.0%
$1,493,555
$1,493,555
$0
$1,493,555
FY27/28 Surface Treatment Program
No
No

0.0%

0.0%
$896,133
$896,133
$0
$$96,133
FY27/28 Crack Seal Program
No
No

0.0%

0.0%
$149,356
$149,356
$0
$149,356
FY27/28 AC Berm Program
No
No

0.0%

0.0%
$0
$0
$0
$0
FY27/28 Patching Program
No
No

0.0%

0.0%
$164,291
$164,291
$0
6164,291
FY27/28 Concrete Program
No
No

0.0%

0.0%
$149,356
$149,356
$0
$149,356
FY27/28 Understreet Drain Pipe Program
No
No

0.0%

0.0%
$29,871
$29,871
$0
$29,871
FY27/28 Striping Program
No
No

0.0%

0.0%
$59,742
$59,742
$0
$69,742

0.0%

0.0%
$0
$0
$0
FY28/29 Street/Pavement Rehab Program
No
No

0.0%

0.0%
$1,367,500
$1,367,500
$1,367,500
FY28/29 Surface Treatment Program
No
No

0.0%

0.0%
$765,800
$765,800
$765,800
04/14/2025 City Council Agenda
60 Resolution Number:
2025-07
Jurisdiction:

Measure I Local Pass -through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN Yucaipa
Fiscal Years 2024/2025 thru 2028/2029
Resolution Approval Date:
4/14/2025
Contact Person/Title::iado,
Director of Development Services/C
Phone:
(909) 797-2489 ext 240
Email:
[email protected]
FY28/29 Crack Seal Program
No
No

0.0%

0.0%
$136,750
$136,750
$136,750
FY28/29 AC Berm Program
No
No

0.0%

0.0%
$54,700
$54,700
$54,700
FY28/29 Patching Program
No
No

0.0%

0.0%
$150,425
$150,425
$150,425
FY28/29 Concrete Program
No
No

0.0%

0.0%
$136,750
$136,750
$136,750
FY28/29 Understreet Drain Pipe Program
No
No

0.0%

0.0%
$27,350
$27,350
$27,350
FY28/29 Striping Program
No
No

0.0%

0.0%
$54,700
$54,700
$54,700

0.0%

0.0%
$0
$0

0.0%

0.0%
$0
$0

0.0%

0.0%
$0
$0

0.0%

0.0%
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0
Projects Total:
$2,925,607
$3,563,127
$3,190,633
$2,942,304
$2,693,975
$15,315,646
Total Programming is currently
154%
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)

Total Estimated Programming:
$15,315,646
04/14/2025 City Council Agenda
61 DATE:

TO:

AGENDA REPORT
April 14, 2025
Honorable Mayor and City Council
Item No.

FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer
Kevin Garcia, Associate Engineer
SUBJECT: Award of Contract — FY24/25 Striping Program — Project No. 11229 5 RECOMMENDATION:

That the City Council:
1) Award and authorize the Acting City Manager to execute a contract, and the Acting City Manager or their designee administer the terms of the contract to the lowest responsive bidder, Cal Stripe Inc. of Colton, CA, in the amount of $55,772 for the FY24/25 Striping Program — Project No. 11229 (Project); and
2) Approve the amounts of $8,350 for construction contract contingency and the amount of $4,000 for construction contract administration, staff time, and inspection, for a total construction budget in the amount of $68,122; and
3) Authorize the Acting City Manager or their designee to administer the distribution of the contract contingency; and
4) Approve the plans and specifications prepared for the Project.

BACKGROUND/DISCUSSION:

On May 13, 2024, the City Council approved the FY24/25 Pavement Management Program (PMP).

Included as a part of the PMP is the FY24/25 Striping Program (Project).

The Project includes installation of new striping and revitalization of existing pavement striping and markings throughout the City as part of the City's overall PMP. The proposed locations include Calimesa Boulevard (Oak Glen Road-Wildwood Canyon Road), Comstock Drive, the intersections of Oak Glen Road/Bryant Street, Sunnyside Drive/Bryant Street, Yucaipa Boulevard/l4th Street/Sand Canyon Road, Oak Glen Road/14th Street/Calimesa Boulevard, Wildwood Canyon Road/6th Street, and various sections along Oak Glen Road, Avenue E, and Avenue H.

Staff publicly advertised the Project for construction bids and on March 5, 2025, four (4) bids were received from contractors as follows:
04/14/2025 City Council Agenda
62 Contractor
Bid Amount
Cal Stripe Inc.
$55,772.00
Chrisp Company
$69,225.20
CAT Tracking Inc.
$79,968.75
PCI
$138,093.40
On the basis of sealed competitive bids, received after publicly advertising the programs, Cal Stripe Inc. of Colton, CA, is the apparent lowest responsible bidder. Staff reviewed the bid documents and determined that the documents meet the requirements of the contract specifications. Cal Stripe Inc. has completed several similar projects for the City in the past and their work has been deemed satisfactory.

Consequently, staff recommends the award of the contract to Cal Stripe Inc. in the amount of $55,772.

FISCAL IMPACT:

The recommendations result in the use of existing FY24/25 budget in the PMP Fund of $68,122.

Attachments:

1. Bid Summaries

2. Contract Agreement

3. List of Striping Locations
Approved b y
pp by
(:a
City Council Agenda
63 Attachment 1
04/14/2025 City Council Agenda
64 2024/2025 Striping Program
Project No. 11229
Bid Opening: 3/25/2025
Cal Strip Inc.
2040 E. Steel Rd Colton, CA
92324
Chrisp Company
2280 S. Lilac Ave Bloomington,
CA 92316
CAT Tracking Inc. 17
Commerical Ave Riverside, CA
92507
PCI
975 W. 1st Street Azusa, CA
91702
Item
No.

Item Description
Qty
Unit
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
Unit Price
Extension
1 Install Centerlines, Caltrans A20A, Detail 2
2,670
LF
$0.80
$2,136.00
$1.00
$2,670.00
$2.75
$7,342.50
$4.35
$11,614.50
2 Install Lane Lines, Caltrans A20A, Detail 9
900
LF
$0.80
$720.00
$1.00
$900.00
$2.75
$2,475.00
$4.35
$3,915.00
3 Install Lane Lines, Caltrans A20A, Detail 11
250
L'
$0.85
$212.50
$1.00
$250.00
$2.75
$687.50
$4.35
$1,087.50
4 Install No Passing Zones - Two Direction, Caltrans A20A, Detail 22 6,687
LF
$1.60
$10,699.20
$2.40
$16,048.80
$3.75
$25,076.25
$5.70
$38,115.90
5 Install Right -Edge Lines, Caltrans A20B, Detail 27B
665
LF
$0.80
$532.00
$1.85
$1,230.25
$2.75
$1,828.75
$4.40
$2,926.00
6 Install Channelizing Line, Caltrans A2OD, Detail 38
3,370
LF
$1.34
$4,515.80
$2.80
$9,436.00
$3.25
$10,952.50
$5.45
$18,366.50
7 Install Bike Lane Line, Caltrans A20D, Detail 39
725
LF
$1.00
$725.00
$1.85
$1,341.25
$2.75
$1,993.75
$4.40
$3,190.00
8 Install Intersection Linc Bike Lane, Caltrans A2OD, Detail 39A 200
LF
$0.95
$190.00
$1.85
$370.00
$2.75
$550.00
$4.40
$880.00
9 Install Lane Line Extensions Through Intersections, Caltrans A20D, Detail 40 895
LF
$0.90
$805.50
$3.00
$2,685.00
$5.50
$4,922.50
$4.40
$3,938.00
10 Install Arrows, Caltrans A24A, Type 118'-0" Arrow
2 EA
$225.00
$450.00
$350.00
$700.00
$125.00
$250.00
$375.00
$750.00
11 Install Arrows, Caltrans A24A, Bike Lane Arrow
6 EA
$150.00
$900.00
$60.00
$360.00
$100.00
$600.00
$375.00
$2,250.00
12 Install Arrows, Caltrans A24A, Type IV (L) Anow
26 EA
$250.00
$6,500.00
$200.00
$5,200.00
$125.00
$3,250.00
$375.00
$9,750.00
13 Install Arrows, Caltrans A24A, Type IV (R) Arrow
13 EA
$250.00
$3,250.00
$200.00
$2,600.00
$125.00
$1,625.00
$375.00
$4,875.00
14 Install Arrows, Caltrans A24A, Type VI Arrow
1 EA
$300.00
$300.00
$550.00
$550.00
$150.00
$150.00
$575.00
$575.00
15 Install Arrows, Caltrans A24A, Typc VII (R) Arrow
4 EA
$325.00
$1,300.00
$350.00
$1,400.00
$150.00
$600.00
$575.00
$2,300.00
16 Install Arrows, Caltrans A24A, Type VII (L) Arrow
2 EA
$325.00
$650.00
$350.00
$700.00
$150.00
$300.00
$575.00
$1,150.00
17 Install Words, Caltrans A24D, 'BIKE"
6 EA
$390.00
$2,340.00
$85.00
$510.00
$100.00
$600.00
$375.00
$2,250.00
18 Install Words, Caltrans A24D, "LANE"
6 EA
$390.00
$2,340.00
$85.00
$510.00
$100.00
$600.00
$375.00
$2,250.00
19 Install Words, Caltrans A24D, "AHEAD"
2 EA
$395.00
$790.00
$425.00
$850.00
$350.00
$700.00
$420.00
$840.00
20 Install Words, Caltrans A24D, "STOP"
16 EA
$395.00
$6,320.00
$315.00
$5,040.00
$300.00
$4,800.00
$400.00
$6,400.00
21 Install Crosswalks (12"), Caltrans A24F, Basic
699
LF
$8.00
$5,592.00
$12.10
$8,457.90
$7.50
$5,242.50
$15.00
$10,485.00
22 Install Crosswalks (12"), Caltrans A24F, Basic, Note 3 (Yellow -School Zone) 165
LF
$8.00
$1,320.00
$12.10
$1,996.50
$7.50
$1,237.50
$15.00
$2,475.00
23 Install 12" Limit Line (Stop Line), Caltrans A24G
338
LF
$8.00
$2,704.00
$12.75
$4,309.50
$7.50
$2,535.00
$15.00
$5,070.00
24 Install 6" White Solid Intersection Lane Line
350
LF
$0.80
$280.00
$1.85
$647.50
$2.75
$962.50
$4.40
$1,540.00
25 Install 6" Yellow Solid Intersection Lane Line
250
LF
$0.80
$200.00
$1.85
$462.50
$2.75
$687.50
$4.40
$1,100.00
$55,772.00
Total
$69,225.20
Total
$79,968.75
Total
$138,093.40
04/14/2025 City Council Agenda
65 Attachment 2
04/14/2025 City Council Agenda
66 AGREEMENT
THIS AGREEMENT is made and entered into this 14th day of April 2025 by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City," and
Cal Stripe Inc.
, located at 2040 E. Steel Rd.

Contractor / Company Name Street Address
Colton
City
CA 92324 (909) 884-7170 hereinafter referred to as "Contractor".

State Zip Code Phone
PROJECT: 2024/2025 Striping Program -Project No. 11229
WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:

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

In consideration of such work, City agrees to pay Contractor, and Contractor agrees to accept the sum of Fifty -Five Thousand Seven Hundred and Seventy -Two Dollars and no cents ($55,772.00) in the manner provided in the Contract Documents and subject to adjustment provided therein.

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

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

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

ATTEST: CITY OF YUCAIPA
A Municipal Corporation
Ana Sauseda, MMC
Director of General Services/City Clerk

FUNDS AVAILABLE/INSURANCE
APPROVED:

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

Steven Graham, City Attorney
Jennifer Crawford, Acting City Date
Manager
CONTRACTOR:

Cal Stripe Inc.

Date
04/14/2025 City Council Agenda
67 Attachment 3
04/14/2025 City Council Agenda
68 2024/2025 STREET STRIPING PROGRAM
PROJECT NO. 11229
Location
Anoroximate Proposed Striuin
Oak Glen Road/Bryant Street
No Passing Zones - Two Direction, Caltrans A20A, Detail 22 (1,060 LF) Crosswalks (12"), Caltrans A24F, Basic (325 LF)
Arrows, Caltrans A24A, Bike Lane Arrow (6 EA)
Arrows, Caltrans A24A, Type IV (L) Arrow (8 EA)
Arrows, Caltrans A24A, Type IV (R) Arrow (6 EA)
Arrows, Caltrans A24A, Type VI Arrow (1 EA)
Lane Lines, Caltrans A20A, Detail 9 (900 LF)
Words, Caltrans A24D, 'BIKE" (6 EA)
Words, Caltrans A24D, "LANE" (6 EA)
Bike Lane Line, Caltrans A20D, Detail 39 (725 LF)
Channelizing Line, Caltrans A20D, Detail 38 (1,730 LF)
6" White Solid Intersection Lane Line (250 LF)
Sunnyside Drive/Bryant
Street
No Passing Zones - Two Direction, Caltrans A20A, Detail 22 (895 LF) Arrows, Caltrans A24A, Type IV (L) Arrow (6 EA)
Arrows, Caltrans A24A, Type VII (R) Arrow (3 EA)
Crosswalks (12"), Caltrans A24F, Basic, Note 3 (Yellow -School Zone) (70 LF) Channelizing Line, Caltrans A20D, Detail 38 (520 LF)
West Bound Oak Glen Road
east of 5th Street
No Passing Zones - Two Direction, Caltrans A20A, Detail 22 (55 LF) Words, Caltrans A24D, "AHEAD" (2 EA)
West Bound Oak Glen Road
west of 5th Street
No Passing Zones - Two Direction, Caltrans A20A, Detail 22 (12 LF) Calimesa Boulevard east of
Oak Glen Road
No Passing Zones - Two Direction, Caltrans A20A, Detail 22 (3,050 LF) Centerlines, Caltrans A20A, Detail 2 (2,670 LF)
Wildwood Canyon Road/6th
Street
No Passing Zones - Two Direction, Caltrans A20A, Detail 22 (355 LF) 12" Limit Line (Stop Line), Caltrans A24G (25 LF)
Words, Caltrans A24D, "STOP" (1 EA)
Right -Edge Lines, Caltrans A20B, Detail 27B (315 LF)
Comstock Drive
12" Limit Line (Stop Line), Caltrans A24G (24 LF)
Words, Caltrans A24D, "STOP" (1 EA)
Avenue E/7th Street
No Passing Zones - Two Direction, Caltrans A20A, Detail 22 (200 LF) 12" Limit Line (Stop Line), Caltrans A24G (114 LF)
Words, Caltrans A24D, "STOP" (5 EA)
Arrows, Caltrans A24A, Type IV (R) Arrow (2 EA)
Channelizing Line, Caltrans A20D, Detail 38 (200 LF)
Avenue E/6th Street
No Passing Zones - Two Direction, Caltrans A20A, Detail 22 (200 LF) 12" Limit Line (Stop Line), Caltrans A24G (25 LF)
Words, Caltrans A24D, "STOP" (3 EA)
Crosswalks (12"), Caltrans A24F, Basic, Note 3 (Yellow -School Zone) (95 LF) Avenue E/4th Street
Words, Caltrans A24D, "STOP" (3 EA)
12" Limit Line (Stop Line), Caltrans A24G (74 LF)
6" Yellow Solid Intersection Lane Line (100 LF)
Avenue E/California Street
No Passing Zones - Two Direction, Caltrans A20A, Detail 22 (425 LF) Crosswalks (12"), Caltrans A24F, Basic (208 LF)
Arrows, Caltrans A24A, Type IV (L) Arrow (5 EA)
Arrows, Caltrans A24A, Type IV (R) Arrow (1 EA)
Channelizing Line, Caltrans A20D, Detail 38 (200 LF)
Avenue H/5th Street
Words, Caltrans A24D, "STOP" (3 EA)
12" Limit Line (Stop Line), Caltrans A24G (76 LF)
6" Yellow Solid Intersection Lane Line (150 LF)
04/14/2025 City Council Agenda
69 Yucaipa Boulevard/14th
Street
Yucaipa Boulevard/14th
Street (continued)
No Passing Zones - Two Direction, Caltrans A20A, Detail 22 (120 LF) Crosswalks (12"), Caltrans A24F, Basic (75 LF)
Arrows, Caltrans A24A, Type IV (L) Arrow (1 EA)
Arrows, Caltrans A24A, Type IV (R) Arrow (2 EA)
Channelizing Line, Caltrans A20D, Detail 38 (230 LF)
Arrows, Caltrans A24A, Type I 18'-0" Arrow (2 EA)
Arrows, Caltrans A24A, Type VII (L) Arrow (2 EA)
Lane Line Extensions Through Intersections, Caltrans A20D, Detail 40 (120 LF) Yucaipa Boulevard/Oak Glen
No Passing Zones - Two Direction, Caltrans A20A, Detail 22 (315 LF) Road
Lane Line Extensions Through Intersections, Caltrans A20D, Detail 40 (235 LF) Arrows, Caltrans A24A, Type IV (L) Arrow (2 EA)
Channelizing Line, Caltrans A20D, Detail 38 (100 LF)
Intersection Line Bike Lane, Caltrans A20D, Detail 39A (200LF) 6" White Solid Intersection Lane Line (100 LF)
Lane Lines, Caltrans A20A, Detail 11(250 LF)
Oak Glen Road/ 14th
Lane Line Extensions Through Intersections, Caltrans A20D, Detail 40 (540 LF) Street/Calimesa Boulevard
Arrows, Caltrans A24A, Type IV (L) Arrow (4 EA)
Arrows, Caltrans A24A, Type IV (R) Arrow (2 EA)
Arrows, Caltrans A24A, Type VII (R) Arrow (1 EA)
Channelizing Line, Caltrans A20D, Detail 38 (390 LF)
Right -Edge Lines, Caltrans A20B, Detail 27B (350 LF)
Crosswalks (12"), Caltrans A24F, Basic (91 LF)
04/14/2025 City Council Agenda
70 Item No.

AGENDA REPORT
DATE: April 14, 2025
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer T Landon Kern, Assistant City Engineer L/(
Daniel Meisenbach, Construction Engineer FDR_ 2. M
6 SUBJECT: Acceptance of Contract Work — FY 23/24 Pavement Rehabilitation Program and Patching Program — Project No. 11219
RECOMMENDATION:

That the City Council:
1) Accept the contract work completed by Matich Corporation in the amount of $1,869,046 for the FY23/24 Pavement Rehabilitation Program and Patching Program — Project No. 11219 (Project); and
2) Authorize the recordation of the Notice of Completion for the Project; and 3) Accept the as -built documents for the Project.

BACKGROUND/DISCUSSION:

On March 13, 2023, the City Council approved the FY23/24 Pavement Management Program (PMP), which included the recommended pavement maintenance and rehabilitation projects to be completed with the FY23/24 Pavement Rehabilitation and Patching Program (Project). The approval of the PMP also included approval of other PMP sub -programs such as the Concrete, On -call Asphalt Repair and Microsurface programs. The approval and implementation of the PMP programs are aimed at repairing, repaving and extending the service life of various transportation facilities maintained by the City in alignment with the 2024 City Council goal to improve road maintenance.

After going through the public competitive bid process, on June 24, 2024, the City Council awarded a contract to Matich Corporation in the amount of $1,728,769 to complete the Project. The City Council also approved a contract contingency amount of $170,000 for a total construction contract budget in the amount of $1,898,769. Shortly after awarding the contract, Yucaipa Valley Water District (YVWD) completed two water main replacement projects on Grandview Road and Acacia Avenue. Consistent with past coordination efforts, City staff met with YVWD regarding the pavement repair requirements and to discuss the possibility of a paving agreement. As a result, a paving agreement was developed to collaboratively address required pavement repairs with a full roadway section pavement rehabilitation. This approach was aimed to address YVWD required pavement repairs, while 04/14/2025 City Council Agenda
71 simultaneously extending the overall life of these two roadways in a cost effective and timely manner.

In August 12, 2024 Council approved the pavement agreement with YVWD. This approval resulted in a YVWD contribution of $125,351 in funding to the Project to complete the required asphalt trench repairs on Grandview Drive and Acacia Avenue. The approval also included a corresponding increase in the amount of $125,351 for a total authorized construction budget in the amount of $2,024,120 to accommodate the additional contract work. Staff inspections were performed during construction and upon completion to ensure that the work was completed in accordance with the plans and contract specifications. The contract work has been completed for a total cost of $1,869,046, which is $155,074 under the authorized construction contract budget for the Project.

FISCAL IMPACT:

The recommendations do not result in a fiscal impact.

Attachments:

1. Notice of Completion — Project No. 11219

2. As -Built Document (list of streets completed)
Approved by:
04/14/2025 City Council Agenda
72 ATTACHMENT 1
04/14/2025 City Council Agenda
73 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:

FY23/24 PAVEMENT REHABILIATION PROGRAM AND PATCHING

PROGRAM
PROJECT NO. 11219
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 14th day of April 2025.

The said work was performed by Matich Cop of Highland, CA in accordance with the terms of the written agreement dated the 24th day of March 2024.

Dated April 14th , 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 14th day of April 2025, 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
04/14/2025 City Council Agenda

ATTACHMENT 2
04/14/2025 City Council Agenda
75 Attachment 2
List of Streets completed with the
2023/2024 PAVEMENT REHABILITATION PROGRAM AND PATCHING PROGRAM - PROJECT NO. 11219
PULVERIZE 8-9" AND PAVE 4" — Arterial Streets
Segment
From
To
Area
(SF)
5TH ST

WILDWOOD CANYON RD

AVENUE G
56,439
5TH ST

AVENUE G

AVENUE H
28,773

AVENUE E

FREMONT ST

GRANT ST
20,736
Cold Mill 2" and Place 2 Y2" — Arterial Streets
Segment
From
To
Area (SF)

FREMONT ST

SHELLEY ST

AVENUE I
23,958

FREMONT ST

AVENUE I

COUNTRY CREEK DR
17,055

CALIFORNIA ST

BEECH AVE

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

COUNTRY CREEK DR

FREMONT ST

SUNCREEK DR
8,460

COUNTRY CREEK DR

SUNCREEK DR

COUNTRY CREEK
CT
8,208

GREENBROOK PL

RAVENCREST CT

SOUTH END
13,023

OAK GROVE RD

WILDWOOD CANYON RD

LIMEKILN DR
9,234

OAK GROVE RD

LIMEKILN DR

OAK SPUR RD
12,069

OLD OAK RD

CARTER ST

SOUTH END
8,154

ACACIA AVE

DOUGLAS
BRYANT
32000
04/14/2025 City Council Agenda
76 PAMELA CT

LEAH LN

MESA GRANDE DR
15,840

PENROSE LN

LANTANA AVE
NE END
9,351

PENROSE LN

LA PAZ CT

LANTANA AVE
12,996

RAVENCREST CT

GREENBROOK PL

EAST END
5,706

GRANDVIEW DR

FREMONT

EAST END
45,000

VIA BARCELONA RD
6TH ST

FAIRVIEW DR
18,000

FAIRVIEW DR

VIA BARCELONA
E/END
6,000

GREENBROOK PL

CARTER ST

RAVENCREST
4,100

COUNTRY CREEK CT

COUNTRY CREEK
N/END
9,000

WOOD GLEN CT

CARTER ST

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

GOLDSTONE ST

ONYX ST

DIAMOND ST
32,949
Cold Mill 2" and Place 2 1/2" — Local Streets
Segment
From
To
Area
(SF)
AVE C
2ND ST
1ST ST
22,347
Pave 4" on Compacted Native — Local Streets
Segment
From
To
Area
(SF)

CITY YARD

ACESS RD

OAK GLEN RD
S/END
11,000

CHERRY CROFT,

WESTERN HALF

OAK GLEN
275' NORTH
4,000
04/14/2025 City Council Agenda
77 Item No. 7

AGENDA REPORT
DATE: April 14, 2025
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer 1:-:(").

Landon Kern, Assistant City Engineer 41."
Daniel Meisenbach, Construction Engineer U< fop_ 0. r ..

SUBJECT: Acceptance of Contract Work — Traffic Signal at Oak Glen Rd and Colorado Street Project — Project No. 10981-3
RECOMMENDATION:

That the City Council:
1) Accept the contract work completed by Belco Elecnor in the amount of $319,856 for the Traffic Signal at Oak Glen Rd and Colorado Project — Project No. 10981-3 (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:

The FY25 Capital Improvement Program (CIP) includes the Oak Glen Road/Live Oak Canyon Road Widening, Colorado Street to Outer Hwy-10 South Project (Project). The Project is being completed in phases, with Phase 1 and Phase 2 completed in 2019 and 2023, respectively. The Phase 3 improvements include a new traffic signal and intersection improvements at the intersection of Oak Glen Road and Colorado Street (Phase 3 Project). The executed Development Agreement (DA) for the hotel and fueling station project currently being constructed just west of this intersection, required the City to complete the Phase 3 Project. The remaining, future phases of the Project will incorporate widening along Oak Glen Road and intersection improvements at 13th Street and 14th Street, and will require additional funding to complete. Staff has been actively seeking grant funding opportunities to offset these anticipated, future construction costs.

After going through the public competitive bid process, on February 26, 2024 the City Council awarded a contract to Belco Elecnor in the amount of $314,888 to complete the Phase 3 Project. The City Council also approved a contract contingency amount of $30,000 for a total construction contract budget in the amount of $344,888. Staff inspections were performed during construction and upon completion to ensure that the work was completed in accordance with the plans and contract specifications.
04/14/2025 City Council Agenda
78 The completion of the Phase 3 Project aligns with City Council Goals for 2024, and the completion of this phase has also resulted in economic development along this primary transportation corridor.

The contract work has been completed for a total cost of $319,856, which is $25,032 under the authorized construction contract budget for the Project.

Several other CIP public infrastructure projects have been completed by the City over the past several years along Oak Glen Road to promote economic development resulting in the development of several commercial projects. These private land development commercial projects include the following:
• Yucaipa Gateway Commercial Center includes the development of a 92-room LaQuinta Hotel, fuel station, convenience store, car wash, Starbucks, and a proposed fast -casual restaurant located at the corner of Oak Glen Road and 14th Street. • SG Opal Commercial Center includes the development of a fuel station and convenience store, quick -service restaurant, and office space, an express carwash, and a 66-room hotel with a rooftop bar and restaurant at the corner of Oak Glen Road and 13th Street. • Sabbah Commercial Center includes the development of a fuel station and convenience store, car wash, 20EV(Tesla) covered charging spaces, quick -service restaurant and an office/retail building located on Oak Glen Road between 13th Street and 14th Street.

FISCAL IMPACT:

The recommendations do not result in a fiscal impact.

Attachments:

1. Notice of Completion — Project No. 10981-3
Approved by: -�
04/14/2025 City Council Agenda
79 Attachment 1
04/14/2025 City Council Agenda
80 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:

TRAFFIC SIGNAL AT OAK GLEN ROAD AND COLORADO STREET
PROJECT NO. 10981-3
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 14th day of April 2025.

The said work was performed by Belco Elecnor of Chino, CA in accordance with the terms of the written agreement dated the 26th day of February 2024.

Dated April 14th , 2025.

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 14th day of April 2025, 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
04/14/2025 City Council Agenda

AGENDA REPORT
DATE: April 14, 2025
TO: Honorable Mayor and City Council
FROM: Joe Pradetto, Director of Governmental Affairs
SUBJECT: Oppose SB 79 (Wiener) Transit -oriented Development Item No. 8
RECOMMENDATION:

That the City Council oppose SB 79 and authorize the Mayor to issue a letter in opposition.

BACKGROUND/DISCUSSION:

SB 79 requires cities to ministerially approve higher -density residential projects —up to 7 stories and 120 units per acre —near transit -oriented development stops, regardless of zoning codes. SB 79 limits the use of local development standards and allows transit agencies full land -use authority over residential and commercial development on property they own or lease.

State law defines a transit -oriented development stop as one with rail service with 10 or more daily train stops and defines three tiers, which generally consist of train or bus rapid transit. At present, there are no transit -oriented development stops of any tier in the City of Yucaipa.

Although Yucaipa is not threatened by SB 79 at present, this bill represents a threat to local control, and the League of California Cities is mobilizing cities to oppose it. Since Yucaipa is home to a bus stop, opposing SB 79 will help fight the erosion of local control that may affect it in the future.

FISCAL IMPACT:

None.

Attachment(s):

1. SB 79 current bill language

2. Draft opposition letter
Approved by:
04/14/2025 City Council Agenda
82 ATTACHMENT 1
04/14/2025 City Council Agenda
83 AMENDED IN SENATE MARCH 5, 2025
SENATE BILL No. 79
Introduced by Senator Wiener
January 15,2025
An act to amend Section 54221 of, and to add Chapter 4.1.5 (commencing with Section 65912.155) to Division 1 of Title 7 of, the Government Code, and to add Section 21080.26.5 to the Public Resources Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST
SB 79, as amended, Wiener. Planning and zoning: housing development: transit -oriented development.
(1) Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines "surplus land" for these purposes to mean land owned in fee simple by any local agency for which the local agency's governing body takes formal action declaring that the land is surplus and is not necessary for the agency's use.

Existing law defines "agency's use" for these purposes to include land that is being used for agency work or operations, as provided. Existing law exempts from this definition of "agency's use" certain commercial or industrial uses, except that in the case of a local agency that is a district, except a local agency whose primary purpose or mission is to supply the public with a transportation system, "agency's use" may include commercial or industrial uses or activities, as specified.

This bill would additionally include land leased to support public transit operations in the definition of "agency's use," as described above. The bill would also revise the definition of "agency's use" with respect to commercial or industrial uses to instead provide that a district 98 04/14/2025 City Council Agenda
84 SB79 —2—
or a public transit operator may use land for commercial or industrial uses or activities, as described above.
(2) Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that contains certain mandatory elements, including a housing element. Existing law requires that the housing element include, among other things, an assessment of housing needs and an inventory of resources and constraints that are relevant to the meeting of these needs, including an inventory of land suitable for residential development, as provided. Existing law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified, and requires the appropriate council of local governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each locality in the region.

Existing law, the Housing Accountability Act, among other things, requires a local agency that proposes to disapprove a housing development project, as defined, or to impose a condition that the project be developed at a lower density to base its decision on written findings supported by a preponderance of the evidence that specified conditions exist if that project complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete. The act authorizes the applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization may bring an action to enforce, as provided, and provides for penalties if the court finds that the local agency is in violation of specified provisions of the act.

This bill would require that a residential development proposed within a specified distance of a transit -oriented development (TOD) stop, as defined, be an allowed use on any site zoned for residential, mixed, commercial, or light industrial development, if the development complies with applicable requirements, as specified. The bill would establish requirements concerning height limits, density, and floor area ratio in accordance with a development's proximity to specified tiers of TOD stops, as provided. The bill would provide that a local government that denies a project meeting the requirements of these provisions located 98 04/14/2025 City Council Agenda
85 -3— SB79
in a high -resource area, as defined, would be presumed in violation of the Housing Accountability Act, as specified, and liable for penalties, as provided. The bill would specify that the a development proposed pursuant to these provisions is eligible for streamlined, ministerial approval pursuant to specified law, except that the bill would exempt a project under these provisions from specified requirements under that law.

The bill would require a proposed development to comply with specified requirements under existing law relating to the demolition of existing residential units. The bill would also authorize a transit agency to adopt objective standards for both residential and commercial development proposed pursuant to these provisions if the development would be constructed on land owned by the transit agency or on which the transit agency has a permanent operating easement, provided that the objective standards allow for the same or greater development intensity as allowed by local standards or applicable state law.

The bill would require the Department of Housing and Community Development to oversee compliance with the bill's provisions, including, but not limited to, promulgating specified standards relating to the inventory of land included within a county's or city's housing element.

The bill would permit a local government to adopt an ordinance to implement these provisions, as provided, and would require the local government to submit a copy of this ordinance to the department within 60 days of adoption and the department to review the ordinance for compliance, as specified. If the department finds an ordinance is out of compliance, and a local government does not take specified steps to address compliance, the bill would require the department to notify the local government in writing and authorize the department to notify the Attorney General, as provided.

The bill would define various terms for its purposes and make related findings and declarations.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (3) Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires 98 04/14/2025 City Council Agenda
86 SB79 —4—
a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA, until January 1, 2030, exempts from its requirements certain transportation -related projects if specified requirements are met, as provided. CEQA includes within these exempt transportation -related projects a public project for the institution or increase of bus rapid transit, bus, or light rail service, or other passenger rail service, that will be exclusively used by low -emission or zero -emission vehicles, on existing public rights -of -way or existing highway rights -of -way.

This bill would exempt from CEQA a public or private residential, commercial, or mixed -used project that, at the time the project application is filed, is located entirely or principally on land owned by a public transit agency, or fully or partially encumbered by an existing operating easement in favor of a public transit agency, and meets specified requirements. The bill would provide that, for a project that requires the construction of new passenger rail storage and maintenance facilities at a publicly or privately owned offsite location distinct from the principal project site, that project would be considered a wholly separate project from the project described in these provisions and shall not be exempt from CEQA.
(4) By increasing the duties of local officials, this bill would impose a state -mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, thc Planning and Zoning Law, requires each city, county, or city and county to prcparc and adopt a general plan for its jurisdiction Undcr cxisting law, a part of thc housing clement is an assessment of housing needs, which includes thc locality's sharc of thc regional housing nccd. Undcr existing law, thc appropriate council of local govcrnmcnts, or for citics without a council of govcrnmcnts, the 98 04/14/2025 City Council Agenda
87 -5— SB79
nccd to cach locality in thc region. Existing law rcquircs thc Board of by ordinancc transit-oricntcd dcvclopmcnt (TOD) zoning standards for each station that establish minimum zoning rcquircmcnts for hcight, dcnsity, parking, and floor arca ratio that apply to an cligiblc TOD projcct, as providcd, and authorizcs developers of certain cligiblc TOD projccts to submit an application for a dcvclopmcnt that is subjcct to a spccificd streamlined, ministerial approval proccss, as providcd.

This bill would dcclarc thc intent of thc Legislature to cnact legislation that would make housing more affordable for California families, reduce greenhouse gas cmissions, and cnhancc public transit systems by, among othcr things, requiring thc upzoning of land ncar rail stations and rapid bus lincs to encourage transit -oriented dcvclopmcnt. The bill would make related findings and declarations.

Vote: majority. Appropriation: no. Fiscal committee: eyes.

State -mandated local program: eyes.

The people of the State of California do enact as follows:
1 SECTION 1. Section 54221 of the Government Code is
2 amended to read:
3 54221. As used in this article, the following definitions shall 4 apply:
5 (a) (1) "Local agency" means every city, whether organized 6 under general law or by charter, county, city and county, district, 7 including school, sewer, water, utility, and Local and regional park 8 districts of any kind or class, joint powers authority, successor 9 agency to a former redevelopment agency, housing authority, or 10 other political subdivision of this state and any instrumentality 11 thereof that is empowered to acquire and hold real property. 12 (2) The Legislature finds and declares that the term "district" 13 as used in this article includes all districts within the state, 14 including, but not limited to, all special districts, sewer, water, 15 utility, and local and regional park districts, and any other political 16 subdivision of this state that is a district, and therefore the changes 17 in paragraph (1) made by the act adding this paragraph that specify 18 that the provisions of this article apply to all districts, including 19 school, sewer, water, utility, and local and regional park districts 20 of any kind or class, are declaratory of, and not a change in, 21 existing law.
98 04/14/2025 City Council Agenda
88 SB79 —6-
1 (b) (1) "Surplus land" means land owned in fee simple by any 2 local agency for which the local agency's governing body takes 3 formal action in a regular public meeting declaring that the land 4 is surplus and is not necessary for the agency's use. Land shall be 5 declared either "surplus land" or "exempt surplus land;' as 6 supported by written findings, before a local agency may take any 7 action to dispose of it consistent with an agency's policies or 8 procedures. A local agency, on an annual basis, may declare 9 multiple parcels as "surplus land" or "exempt surplus land." 10 (2) "Surplus land" includes land held in the Community 11 Redevelopment Property Trust Fund pursuant to Section 34191.4 12 of the Health and Safety Code and land that has been designated 13 in the long-range property management plan approved by the 14 Department of Finance pursuant to Section 34191.5 of the Health 15 and Safety Code, either for sale or for future development, but 16 does not include any specific disposal of land to an identified entity 17 described in the plan.
18 (3) Nothing in this article prevents a local agency from obtaining 19 fair market value for the disposition of surplus land consistent with 20 Section 54226.
21 (4) Notwithstanding paragraph (1), a local agency is not required 22 to make a declaration at a public meeting for land that is "exempt 23 surplus land" pursuant to subparagraph (A), (B), (E), (K), (L), or 24 (Q) of paragraph (1) of subdivision (f) if the local agency identifies 25 the land in a notice that is published and available for public 26 comment, including notice to the entities identified in subdivision 27 (a) of Section 54222, at least 30 days before the exemption takes 28 effect.
29 (c) (1) Except as provided in paragraph (2), "agency's use" 30 shall include, but not be limited to, land that is being used, or is 31 planned to be used pursuant to a written plan adopted by the local 32 agency's governing board, for agency work or operations, 33 including, but not limited to, utility sites, property owned by a port 34 that is used to support logistics uses, watershed property, land 35 being used for conservation purposes, land for demonstration, 36 exhibition, or educational purposes related to greenhouse gas 37 emissions, sites for broadband equipment or wireless facilities, 38 land leased to support public transit operations, and buffer sites 39 near sensitive governmental uses, including, but not limited to, 40 waste disposal sites, and wastewater treatment plants. "Agency's 98 04/14/2025 City Council Agenda
89 -7— SB79
1 use" by a local agency that is a district shall also include land 2 disposed for uses described in subparagraph (B) of paragraph (2). 3 (2) (A) "Agency's use" shall not include commercial or 4 industrial uses or activities, including nongovernmental retail, 5 entertainment, or office development. Property disposed of for the 6 sole purpose of investment or generation of revenue shall not be 7 considered necessary for the agency's use.
8 (B) In the case of a local agency that is a district, cxccpting 9 thosc whose primary mission or purposc is to supply the public 10 , district or a public transit operator,
11 "agency's use" may include commercial or industrial uses or 12 activities, including nongovernmental retail, entertainment, or 13 office development or be for the sole purpose of investment or 14 generation of revenue if the agency's governing body takes action 15 in a public meeting declaring that the use of the site will do one 16 of the following:
17 (i) Directly further the express purpose of agency work or 18 operations.
19 (ii) Be expressly authorized by a statute governing the local 20 agency, provided the district complies with Section 54233.5 if 21 applicable.
22 (d) (1) "Dispose" means either of the following:
23 (A) The sale of the surplus land.
24 (B) The entering of a lease for surplus land, which is for a term 25 longer than 15 years, inclusive of any extension or renewal options 26 included in the terms of the initial lease, entered into on or after 27 January 1, 2024.
28 (2) "Dispose" shall not mean either of the following:
29 (A) The entering of a lease for surplus land, which is for a term 30 of 15 years or less, inclusive of any extension or renewal options 31 included in the terms of the initial lease.
32 (B) The entering of a lease for surplus land on which no 33 development or demolition will occur, regardless of the term of 34 the lease.
35 (e) "Open -space purposes" means the use of land for public 36 recreation, enjoyment of scenic beauty, or conservation or use of 37 natural resources.
38 (f) (1) Except as provided in paragraph (2), "exempt surplus 39 land" means any of the following:
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1 (A) Surplus land that is transferred pursuant to Section 25539.4 2 or 37364.
3 (B) Surplus land that is less than one-half acre in area and is 4 not contiguous to land owned by a state or local agency that is 5 used for open -space or low- and moderate -income housing 6 purposes.
7 (C) Surplus land that a local agency is exchanging for another 8 property necessary for the agency's use. "Property" may include 9 easements necessary for the agency's use.
10 (D) Surplus land that a local agency is transferring to another 11 local, state, or federal agency, or to a third -party intermediary for 12 future dedication for the receiving agency's use, or to a federally 13 recognized California Indian tribe. If the surplus land is transferred 14 to a third -party intermediary, the receiving agency's use must be 15 contained in a legally binding agreement at the time of transfer to 16 the third -party intermediary.
17 (E) Surplus land that is a former street, right-of-way, or 18 easement, and is conveyed to an owner of an adjacent property. 19 (F) (i) Surplus land that is to be developed for a housing 20 development, which may have ancillary commercial ground floor 21 uses, that restricts 100 percent of the residential units to persons 22 and families of low or moderate income, with at least 75 percent 23 of the residential units restricted to lower income households, as 24 defined in Section 50079.5 of the Health and Safety Code, with 25 an affordable sales price or an affordable rent, as defined in Section 26 50052.5 or 50053 of the Health and Safety Code, for 55 years for 27 rental housing, 45 years for ownership housing, and 50 years for 28 rental or ownership housing located on tribal trust lands, unless a 29 local ordinance or a federal, state, or local grant, tax credit, or other 30 project financing requires a longer period of affordability, and in 31 no event shall the maximum affordable sales price or rent level be 32 higher than 20 percent below the median market rents or sales 33 prices for the neighborhood in which the site is located. 34 (ii) The requirements of clause (i) shall be contained in a 35 covenant or restriction recorded against the surplus land at the time 36 of sale that shall run with the land and be enforceable against any 37 owner who violates the covenant or restriction and each successor 38 in interest who continues the violation.
39 (G) (i) Surplus land that is subject to a local agency's open, 40 competitive solicitation or that is put to open, competitive bid by 98 04/14/2025 City Council Agenda
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1 a local agency, provided that all entities identified in subdivision 2 (a) of Section 54222 will be invited to participate in the process, 3 for a housing or a mixed -use development that is more than one 4 acre and less than 10 acres in area, consisting of either a single 5 parcel, or two or more adjacent or non -adjacent parcels combined, 6 that includes not less than 300 residential units, and that restricts 7 at least 25 percent of the residential units to lower income 8 households, as defined in Section 50079.5 of the Health and Safety 9 Code, with an affordable sales price or an affordable rent, as 10 defined in Sections 50052.5 and 50053 of the Health and Safety 11 Code, for 55 years for rental housing, 45 years for ownership 12 housing, and 50 years for rental or ownership housing located on 13 tribal trust lands, unless a local ordinance or a federal, state, or 14 local grant, tax credit, or other project financing requires a longer 15 period of affordability.
16 (ii) The requirements of clause (i) shall be contained in a 17 covenant or restriction recorded against the surplus land at the time 18 of sale that shall run with the land and be enforceable against any 19 owner who violates the covenant or restriction and each successor 20 in interest who continues the violation.
21 (H) (i) Surplus land totaling 10 or more acres, consisting of 22 either a single parcel, or two or more adjacent or non -adjacent 23 parcels combined for disposition to one or more buyers pursuant 24 to a plan or ordinance adopted by the legislative body of the local 25 agency, or a state statute. That surplus land shall be subject to a 26 local agency's open, competitive solicitation process or put out to 27 open, competitive bid by a local agency, provided that all entities 28 identified in subdivision (a) of Section 54222 will be invited to 29 participate in the process for a housing or mixed -use development. 30 (ii) The aggregate development shall include the greater of the 31 following:
32 (I) Not less than 300 residential units.
33 (II) A number of residential units equal to 10 times the number 34 of acres of the surplus land or 10,000 residential units, whichever 35 is less.
36 (iii) At least 25 percent of the residential units shall be restricted 37 to lower income households, as defined in Section 50079.5 of the 38 Health and Safety Code, with an affordable sales price or an 39 affordable rent pursuant to Sections 50052.5 and 50053 of the 40 Health and Safety Code, for a minimum of 55 years for rental 98 04/14/2025 City Council Agenda
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1 housing, 45 years for ownership housing, and 50 years for rental 2 or ownership housing located on tribal trust lands, unless a local 3 ordinance or a federal, state, or local grant, tax credit, or other 4 project financing requires a longer period of affordability. 5 (iv) If nonresidential development is included in the 6 development pursuant to this subparagraph, at least 25 percent of 7 the total planned units affordable to lower income households shall 8 be made available for lease or sale and permitted for use and 9 occupancy before or at the same time with every 25 percent of 10 nonresidential development made available for lease or sale and 11 permitted for use and occupancy.
12 (v) A violation of this subparagraph is subject to the penalties 13 described in Section 54230.5. Those penalties are in addition to 14 any remedy a court may order for violation of this subparagraph. 15 A local agency shall only dispose of land pursuant to this 16 subparagraph through a disposition and development agreement 17 that includes an indemnification clause that provides that if an 18 action occurs after disposition violates this subparagraph, the 19 person or entity that acquired the property shall be liable for the 20 penalties.
21 (vi) The requirements of clauses (i) to (v), inclusive, shall be 22 contained in a covenant or restriction recorded against the surplus 23 land at the time of sale that shall run with the land and be 24 enforceable against any owner who violates the covenant or 25 restriction and each successor in interest who continues the 26 violation.
27 (I) A mixed -use development, which may include more than 28 one publicly owned parcel, that meets all of the following 29 conditions:
30 (i) The development restricts at least 25 percent of the residential 31 units to lower income households, as defined in Section 50079.5 32 of the Health and Safety Code, with an affordable sales price or 33 an affordable rent, as defined in Sections 50052.5 and 50053 of 34 the Health and Safety Code, for 55 years for rental housing, 45 35 years for ownership housing, and 50 years for rental or ownership 36 housing located on tribal trust lands, unless a local ordinance or a 37 federal, state, or local grant, tax credit, or other project financing 38 requires a longer period of affordability.
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1 (ii) At least 50 percent of the square footage of the new 2 construction associated with the development is designated for 3 residential use.
4 (iii) The development is not located in an urbanized area, as 5 defined in Section 21094.5 of the Public Resources Code. 6 (J) (i) Surplus land that is subject to a valid legal restriction 7 that is not imposed by the local agency and that makes housing 8 prohibited, unless there is a feasible method to satisfactorily 9 mitigate or avoid the prohibition on the site. A declaration of 10 exemption pursuant to this subparagraph shall be supported by 11 documentary evidence establishing the valid legal restriction. For 12 the purposes of this section, "documentary evidence" includes, 13 but is not limited to, a contract, agreement, deed restriction, statute, 14 regulation, or other writing that documents the valid legal 15 restriction.
16 (ii) Valid legal restrictions include, but are not limited to, all of 17 the following:
18 (I) Existing constraints under ownership rights or contractual 19 rights or obligations that prevent the use of the property for 20 housing, if the rights or obligations were agreed to prior to 21 September 30, 2019.
22 (II) Conservation or other easements or encumbrances that 23 prevent housing development.
24 (III) Existing leases, or other contractual obligations or 25 restrictions, if the terms were agreed to prior to September 30, 26 2019.
27 (IV) Restrictions imposed by the source of funding that a local 28 agency used to purchase a property, provided that both of the 29 following requirements are met:
30 (ia) The restrictions limit the use of those funds to purposes 31 other than housing.
32 (ib) The proposed disposal of surplus land meets a use consistent 33 with that purpose.
34 (iii) Valid legal restrictions that would make housing prohibited 35 do not include either of the following:
36 (I) An existing nonresidential land use designation on the surplus 37 land.
38 (II) Covenants, restrictions, or other conditions on the property 39 rendered void and unenforceable by any other law, including, but 40 not limited to, Section 714.6 of the Civil Code.
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1 (iv) Feasible methods to mitigate or avoid a valid legal 2 restriction on the site do not include a requirement that the local 3 agency acquire additional property rights or property interests 4 belonging to third parties.
5 (K) Surplus land that was granted by the state in trust to a local 6 agency or that was acquired by the local agency for trust purposes 7 by purchase or exchange, and for which disposal of the land is 8 authorized or required subject to conditions established by statute. 9 (L) Land that is subject to either of the following, unless 10 compliance with this article is expressly required:
11 (i) Section 17388, 17515, 17536, 81192, 81397, 81399, 81420, 12 or 81422 of the Education Code.
13 (ii) Part 14 (commencing with Section 53570) of Division 31 14 of the Health and Safety Code.
15 (M) Surplus land that is a former military base that was 16 conveyed by the federal government to a local agency, and is 17 subject to Article 8 (commencing with Section 33492.125) of 18 Chapter 4.5 of Part 1 of Division 24 of the Health and Safety Code, 19 provided that all of the following conditions are met:
20 (i) The former military base has an aggregate area greater than 21 five acres, is expected to include a mix of residential and 22 nonresidential uses, and is expected to include no fewer than 1,400 23 residential units upon completion of development or redevelopment 24 of the former military base.
25 (ii) The affordability requirements for residential units shall be 26 governed by a settlement agreement entered into prior to September 27 1, 2020. Furthermore, at least 25 percent of the initial 1,400 28 residential units developed shall be restricted to lower income 29 households, as defined in Section 50079.5 of the Health and Safety 30 Code, with an affordable sales price or an affordable rent, as 31 defined in Sections 50052.5 and 50053 of the Health and Safety 32 Code, for 55 years for rental housing, 45 years for ownership 33 housing, and 50 years for rental or ownership housing located on 34 tribal trust lands, unless a local ordinance or a federal, state, or 35 local grant, tax credit, or other project financing requires a longer 36 period of affordability.
37 (iii) Before disposition of the surplus land, the agency adopts 38 written findings that the land is exempt surplus land pursuant to 39 this subparagraph.
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1 (iv) Before disposition of the surplus land, the recipient has 2 negotiated a project labor agreement consistent with the local 3 agency's project stabilization agreement resolution, as adopted on 4 February 2, 2021, and any succeeding ordinance, resolution, or 5 policy, regardless of the length of the agreement between the local 6 agency and the recipient.
7 (v) The agency includes in the annual report required by 8 paragraph (2) of subdivision (a) of Section 65400 the status of 9 development of residential units on the former military base, 10 including the total number of residential units that have been 11 permitted and what percentage of those residential units are 12 restricted for persons and families of low or moderate income, or 13 lower income households, as defined in Section 50079.5 of the 14 Health and Safety Code.
15 A violation of this subparagraph is subject to the penalties 16 described in Section 54230.5. Those penalties are in addition to 17 any remedy a court may order for violation of this subparagraph 18 or the settlement agreement.
19 (N) Real property that is used by a district for an agency's use 20 expressly authorized in subdivision (c).
21 (0) Land that has been transferred before June 30, 2019, by the 22 state to a local agency pursuant to Section 32667 of the Streets 23 and Highways Code and has a minimum planned residential density 24 of at least 100 dwelling units per acre, and includes 100 or more 25 residential units that are restricted to persons and families of low 26 or moderate income, with an affordable sales price or an affordable 27 rent, as defined in Sections 50052.5 and 50053 of the Health and 28 Safety Code, for 55 years for rental housing, 45 years for ownership 29 housing, and 50 years for rental or ownership housing located on 30 tribal trust lands, unless a local ordinance or a federal, state, or 31 local grant, tax credit, or other project financing requires a longer 32 period of affordability. For purposes of this subparagraph, not 33 more than 20 percent of the affordable units may be restricted to 34 persons and families of moderate income and at least 80 percent 35 of the affordable units must be restricted to lower income 36 households as defined in Section 50079.5 of the Health and Safety 37 Code.
38 (P) (i) Land that meets the following conditions:
39 (I) Land that is subject to a sectional planning area document 40 that meets both of the following:
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1 (ia) The sectional planning area was adopted prior to January 2 1, 2019.
3 (ib) The sectional planning area document is consistent with 4 county and city general plans applicable to the land. 5 (II) The land identified in the adopted sectional planning area 6 document was dedicated prior to January 1, 2019.
7 (III) On January 1, 2019, the parcels on the land met at least 8 one of the following conditions:
9 (ia) The land was subject to an irrevocable offer of dedication 10 of fee interest requiring the land to be used for a specified purpose. 11 (ib) The land was acquired through a land exchange subject to 12 a land offer agreement that grants the land's original owner the 13 right to repurchase the land acquired by the local agency pursuant 14 to the agreement if the land will not be developed in a manner 15 consistent with the agreement.
16 (ic) The land was subject to a grant deed specifying that the 17 property shall be used for educational uses and limiting other types 18 of uses allowed on the property.
19 (IV) At least 25 percent of the units are dedicated to lower 20 income households, as defined in Section 50079.5 of the Health 21 and Safety Code, at an affordable rent, as defined by Section 50053 22 of the Health and Safety Code, or an affordable housing cost, as 23 defined by Section 50052.5 of the Health and Safety Code, and 24 subject to a recorded deed restriction for a period of 55 years for 25 rental units and 45 years for owner -occupied units, unless a local 26 ordinance or a federal, state, or local grant, tax credit, or other 27 project financing requires a longer period of affordability. 28 (V) The land is developed at an average density of at least 10 29 units per acre, calculated with respect to the entire sectional 30 planning area.
31 (VI) No more than 25 percent of the nonresidential square 32 footage identified in the sectional planning area document receives 33 its first certificate of occupancy before at least 25 percent of the 34 residential square footage identified in the sectional planning area 35 document has received its first certificate of occupancy. 36 (VII) No more than 50 percent of the nonresidential square 37 footage identified in the sectional planning area document receives 38 its first certificate of occupancy before at least 50 percent of the 39 residential square footage identified in the sectional planning area 40 document has received its first certificate of occupancy. 98 04/14/2025 City Council Agenda
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1 (VIII) No more than 75 percent of the nonresidential square 2 footage identified in the sectional planning area document shall 3 receive its first certificate of occupancy before at least 75 percent 4 of the residential square footage identified in the sectional planning 5 area document has received its first certificate of occupancy. 6 (ii) The local agency includes in the annual report required by 7 paragraph (2) of subdivision (a) of Section 65400 the status of 8 development, including the total square footage of the residential 9 and nonresidential development, the number of residential units 10 that have been permitted, and what percentage of those residential 11 units are restricted for persons and families of low or moderate 12 income, or lower income households, as defined in Section 50079.5 13 of the Health and Safety Code.
14 (iii) The Department of Housing and Community Development 15 may request additional information from the agency regarding 16 land disposed of pursuant to this subparagraph.
17 (iv) At least 30 days prior to disposing of land declared "exempt 18 surplus land;' a local agency shall provide the Department of 19 Housing and Community Development a written notification of 20 its declaration and findings in a form prescribed by the Department 21 of Housing and Community Development. Within 30 days of 22 receipt of the written notification and findings, the department 23 shall notify the local agency if the department has determined that 24 the local agency is in violation of this article. A local agency that 25 fails to submit the written notification and findings shall be liable 26 for a civil penalty pursuant to this subparagraph. A local agency 27 shall not be liable for the civil penalty if the Department of Housing 28 and Community Development does not notify the agency that the 29 agency is in violation of this article within 30 days of receiving 30 the written notification and findings. Once the department 31 determines that the declarations and findings comply with 32 subclauses (I) to (IV), inclusive, of clause (i), the local agency 33 may proceed with disposal of land pursuant to this subparagraph. 34 This clause is declaratory of, and not a change in, existing law. 35 (v) If the local agency disposes of land in violation of this 36 subparagraph, the local agency shall be liable for a civil penalty 37 calculated as follows:
38 (I) For a first violation, 30 percent of the greater of the final 39 sale price or the fair market value of the land at the time of 40 disposition.
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1 (II) For a second or subsequent violation, 50 percent of the 2 greater of the final sale price or the fair market value of the land 3 at the time of disposition.
4 (III) For purposes of this subparagraph, fair market value shall 5 be determined by an independent appraisal of the land. 6 (IV) An action to enforce this subparagraph may be brought by 7 any of the following:
8 (ia) An entity identified in subdivisions (a) to (e), inclusive, of 9 Section 54222.
10 (ib) A person who would have been eligible to apply for 11 residency in affordable housing had the agency not violated this 12 section.
13 (ic) A housing organization, as that term is defined in Section 14 65589.5.
15 (id) A beneficially interested person or entity.
16 (ie) The Department of Housing and Community Development. 17 (V) A penalty assessed pursuant to this subparagraph shall, 18 except as otherwise provided, be deposited into a local housing 19 trust fund. The local agency may elect to instead deposit the penalty 20 moneys into the Building Homes and Jobs Trust Fund or the 21 Housing Rehabilitation Loan Fund. Penalties shall not be paid out 22 of funds already dedicated to affordable housing, including, but 23 not limited to, Low and Moderate Income Housing Asset Funds, 24 funds dedicated to housing for very low, low-, and
25 moderate -income households, and federal HOME Investment 26 Partnerships Program and Community Development Block Grant 27 Program funds. The local agency shall commit and expend the 28 penalty moneys deposited into the local housing trust fund within 29 five years of deposit for the sole purpose of financing newly 30 constructed housing units that are affordable to extremely low, 31 very low, or low-income households.
32 (VI) Five years after deposit of the penalty moneys into the 33 local housing trust fund, if the funds have not been expended, the 34 funds shall revert to the state and be deposited in the Building 35 Homes and Jobs Trust Fund or the Housing Rehabilitation Loan 36 Fund for the sole purpose of financing newly constructed housing 37 units located in the same jurisdiction as the surplus land and that 38 are affordable to extremely low, very low, or low-income 39 households. Expenditure of any penalty moneys deposited into the 40 Building Homes and Jobs Trust Fund or the Housing Rehabilitation 98 04/14/2025 City Council Agenda
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1 Loan Fund pursuant to this subdivision shall be subject to 2 appropriation by the Legislature.
3 (vi) For purposes of this subparagraph, the following definitions 4 apply:
5 (I) "Sectional planning area" means an area composed of 6 identifiable planning units, within which common services and 7 facilities, a strong internal unity, and an integrated pattern of land 8 use, circulation, and townscape planning are readily achievable. 9 (II) "Sectional planning area document" means a document or 10 plan that sets forth, at minimum, a site utilization plan of the 11 sectional planning area and development standards for each land 12 use area and designation.
13 (vii) This subparagraph shall become inoperative on January 1, 14 2034.
15 (Q) Land that is owned by a California public -use airport on 16 which residential uses are prohibited pursuant to Federal Aviation 17 Administration Order 5190.6B, Airport Compliance Program, 18 Chapter 20 -- Compatible Land Use and Airspace Protection. 19 (R) Land that is transferred to a community land trust, and all 20 of the following conditions are met:
21 (i) The property is being or will be developed or rehabilitated 22 as any of the following:
23 (I) An owner -occupied single-family dwelling.
24 (II) An owner -occupied unit in a multifamily dwelling. 25 (III) A member -occupied unit in a limited equity housing 26 cooperative.
27 (IV) A rental housing development.
28 (ii) Improvements on the property are or will be available for 29 use and ownership or for rent by qualified persons, as defined in 30 paragraph (6) of subdivision (c) of Section 214.18 of the Revenue 31 and Taxation Code.
32 (iii) (I) A deed restriction or other instrument, requiring a 33 contract or contracts serving as an enforceable restriction on the 34 sale or resale value of owner -occupied units or on the affordability 35 of rental units is recorded on or before the lien date following the 36 acquisition of the property by the community land trust. 37 (II) For the purpose of this clause, the following definitions 38 apply:
39 (ia) "A contract or contracts serving as an enforceable restriction 40 on the sale or resale value of owner -occupied units" means a 98 04/14/2025 City Council Agenda
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1 contract described in paragraph (11) of subdivision (a) of Section 2 402.1 of the Revenue and Taxation Code.
3 (ib) "A contract or contracts serving as an enforceable restriction 4 on the affordability of rental units" means an enforceable and 5 verifiable agreement with a public agency, a recorded deed 6 restriction, or other legal document described in subparagraph (A) 7 of paragraph (2) of subdivision (g) of Section 214 of the Revenue 8 and Taxation Code.
9 (iv) A copy of the deed restriction or other instrument shall be 10 provided to the assessor.
11 (S) (i) For local agencies whose primary mission or purpose is 12 to supply the public with a transportation system, surplus land that 13 is developed for commercial or industrial uses or activities, 14 including nongovernmental retail, entertainment, or office 15 development or for the sole purpose of investment or generation 16 of revenue, if the agency meets all of the following conditions:
17 (I) The agency has an adopted land use plan or policy that 18 designates at least 50 percent of the gross acreage covered by the 19 adopted land use plan or policy for residential purposes. The 20 adopted land use plan or policy shall also require the development 21 of at least 300 residential units, or at least 10 residential units per 22 gross acre, averaged across all land covered by the land use plan 23 or policy, whichever is greater.
24 (II) The agency has an adopted land use plan or policy that 25 requires at least 25 percent of all residential units to be developed 26 on the parcels covered by the adopted land use plan or policy made 27 available to lower income households, as defined in Section 50079 28 of the Health and Safety Code, at an affordable sales price or rented 29 at an affordable rent, as defined in Sections 50052.5 and 50053 of 30 the Health and Safety Code, for 55 years for rental housing and 31 45 years for ownership housing, unless a local ordinance or the 32 terms of a federal, state, or local grant, tax credit, or other project 33 financing requires a longer period of affordability. These terms 34 shall be included in the land use plan or policy and dictate that 35 they will be contained in a covenant or restriction recorded against 36 the surplus land at the time of disposition that shall run with the 37 land and be enforceable against any owner or lessee who violates 38 the covenant or restriction and each successor in interest who 39 continues the violation.
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1 (III) Land disposed of for residential purposes shall issue a 2 competitive request for proposals subject to the local agency's 3 open, competitive solicitation process or put out to open, 4 competitive bid by the local agency, provided that all entities 5 identified in subdivision (a) of Section 54222 are invited to 6 participate.
7 (IV) Prior to entering into an agreement to dispose of a parcel 8 for nonresidential development on land designated for the purposes 9 authorized pursuant to this subparagraph in an agency's adopted 10 land use plan or policy, the agency, since January 1, 2020, must 11 have entered into an agreement to dispose of a minimum of 25 12 percent of the land designated for affordable housing pursuant to 13 subclause (II).
14 (ii) The agency may exempt at one time all parcels covered by 15 the adopted land use plan or policy pursuant to this subparagraph. 16 (2) Notwithstanding paragraph (1), a written notice of the 17 availability of surplus land for open -space purposes shall be sent 18 to the entities described in subdivision (b) of Section 54222 before 19 disposing of the surplus land, provided the land does not meet the 20 criteria in subparagraph (H) of paragraph (1), if the land is any of 21 the following:
22 (A) Within a coastal zone.
23 (B) Adjacent to a historical unit of the State Parks System. 24 (C) Listed on, or determined by the State Office of Historic 25 Preservation to be eligible for, the National Register of Historic 26 Places.
27 (D) Within the Lake Tahoe region as defined in Section 66905.5. 28 (g) "Persons and families of low or moderate income" has the 29 same meaning as provided in Section 50093 of the Health and 30 Safety Code.
31 SEC. 2. Chapter 4.1.5 (commencing with Section 65912.155) 32 is added to Division 1 of Title 7 of the Government Code, to read:
33 34 CHAPTER 4.1.5. TRANSIT -ORIENTED DEVELOPMENT
35 36 65912.155. The Legislature finds and declares all of the 37 following:
38 (a) California faces a housing shortage both acute and chronic, 39 particularly in areas with access to robust public transit 40 infrastructure.
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1 (b) Building more homes near transit access reduces housing 2 and transportation costs for California families, and promotes 3 environmental sustainability, economic growth, and reduced traffic 4 congestion.
5 (c) Public transit systems require sustainable funding to provide 6 reliable service, especially in areas experiencing increased density 7 and ridership. The state does not invest in public transit service 8 to the same degree as it does in roads, and the state funds a smaller 9 proportion of the state's major transit agencies' operations costs 10 than other states with comparable systems. Transit systems in 11 other countries derive significant revenue from transit oriented 12 development at and near their stations.
13 65912.156. For purposes of this chapter, the following 14 definitions apply:
15 (a) "Adjacent" means sharing a property line with a transit 16 station or stop, including any parcels that serve a parking or 17 circulation purpose related to the station or stop.
18 (b) "Department" means the Department of Housing and 19 Community Development.
20 (c) "Floor area ratio" means the ratio of net habitable square 21 footage dedicated to residential use to the area of the lot. 22 (d) "High frequency commuter rail" means a commuter rail 23 service operating a total of at least six trains per hour during 24 weekday peak periods at any point in the past three years, or with 25 a service plan to implement that frequency in the next three years. 26 (e) "High -resource area" means a high -resource neighborhood 27 opportunity area, as used in the opportunity area maps published 28 annually by the California Tax Credit Allocation Committee and 29 the department.
30 (f) "Moderate frequency commuter rail" means a commuter 31 rail service with a total of at least 24 daily trains per weekday and 32 service frequency below a total of 6 trains per hour during weekday 33 peak periods at any point in the past three years, or with a service 34 plan to implement that frequency in the next three years. 35 (g) "Net habitable square footage" means the finished and 36 heated floor area fully enclosed by the inside surface of walls, 37 windows, doors, and partitions, and having a headroom of at least 38 six and one-half feet, including working, living, eating, cooking, 39 sleeping, stair, hall, service, and storage areas, but excluding 98 04/14/2025 City Council Agenda
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1 garages, carports, parking spaces, cellars, half -stories, and 2 unfinished attics and basements.
3 (h) "Rail transit" has the same meaning as defined in Section 4 99602 of the Public Utilities Code.
5 (i) "Tier 1 transit -oriented development stop" means a 6 transit -oriented development stop served by rail transit, as defined 7 in Section 99602 of the Public Utilities Code, including, but not 8 limited to, high frequency commuter rail and light rail transit that 9 uses fixed guideway facilities immediately adjacent to the 10 transit -oriented development stop, excluding those rail transit 11 services defined as part of Tier 2 or 3.
12 (j) "Tier 2 transit -oriented development stop" means a 13 transit -oriented development stop served by light rail transit run 14 by a public transit operator that uses fixed guideway facilities that 15 are not grade separated immediately adjacent to the
16 transit -oriented development stop, or fixed guideway or nonfixed 17 guideway bus service with frequencies of 15 minutes or better that 18 uses transit priority lanes for some or all of the route. 19 (k) "Tier 3 transit -oriented development stop" means a 20 transit -oriented development stop served by moderate frequency 21 commuter rail service or ferry service.
22 (l) "Transit -oriented development stop" means a major transit 23 stop, as defined by Section 21155 of the Public Resources Code, 24 excluding any stop served by rail transit with a frequency of fewer 25 than 10 total trains per weekday.
26 65912.157. (a) A residential development within one-half or 27 one -quarter mile of a transit -oriented development stop shall be 28 an allowed use on any site zoned for residential, mixed, 29 commercial, or light industrial development, if the development 30 complies with the applicable of all of the following requirements:
31 (1) For a residential development within one -quarter mile of a 32 Tier 1 transit -oriented development stop, all of the following apply:
33 (A) A development may be built up to 75 feet high, or up to the 34 local height limit, whichever is greater.
35 (B) A local government shall not impose any maximum density 36 of less than 120 dwelling units per acre. The development 37 proponent may seek a further increased density in accordance 38 with applicable density bonus law.
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1 (C) A local government shall not enforce any other local 2 development standard or combination of standards that would 3 prevent achieving a floor area ratio of up to 3.5.
4 (D) A development that otherwise meets the eligibility 5 requirements of Section 65915, including, but not limited to, 6 affordability requirements, shall be eligible for three additional 7 concessions pursuant to Section 65915.
8 (2) For a residential development within one-half mile of a Tier 9 1 transit -oriented development stop, all of the following apply:
10 (A) A development may be built up to 65 feet high, or up to the 11 local height limit, whichever is greater.
12 (B) A local government shall not impose any maximum density 13 standard of less of less than 100 dwelling units per acre. The 14 development proponent may seek a further increased density in 15 accordance with applicable density bonus law.
16 (C) A local government shall not enforce any other local 17 development standard or combination of standards that would 18 prevent achieving a floor area ratio of up to 3.
19 (D) A development that otherwise meets the eligibility 20 requirements of Section 65915, including, but not limited to, 21 affordability requirements, shall be eligible for two additional 22 concessions pursuant to Section 65915.
23 (3) For a residential development within one -quarter mile of a 24 Tier 2 transit -oriented development stop, all of the following apply:
25 (A) A development may be built up to 65 feet high, or up to the 26 local height limit, whichever is greater.
27 (B) A local government shall not impose any maximum density 28 standard of less than 100 dwelling units per acre. The development 29 proponent may seek a further increased density in accordance 30 with applicable density bonus law.
31 (C) A local government shall not enforce any other local 32 development standard or combination of standards that would 33 prevent achieving a floor area ratio of up to 3.
34 (D) A development that otherwise meets the eligibility 35 requirements of Section 65915, including, but not limited to, 36 affordability requirements, shall be eligible for two additional 37 concessions pursuant to Section 65915.
38 (4) For a residential development within one-half mile of a Tier 39 2 transit -oriented development stop, all of the following apply:
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-23— SB79
1 (A) A development may be built up to 55 feet high, or up to the 2 local height limit, whichever is greater.
3 (B) A local government shall not impose any maximum density 4 standard of less than 80 dwelling units per acre. The development 5 proponent may seek a further increased density in accordance 6 with applicable density bonus law.
7 (C) A local government shall not enforce any other local 8 development standard or combination of standards that would 9 prevent achieving a floor area ratio of up to 2.5.
10 (D) A development that otherwise meets the eligibility 11 requirements of Section 65915, including, but not limited to, 12 affordability requirements, shall be eligible for one additional 13 concession pursuant to Section 65915.
14 (5) For a residential development within one -quarter mile of a 15 Tier 3 transit -oriented development stop, all of the following apply:
16 (A) A development may be built up to 55 feet high, or up to the 17 local height limit, whichever is greater.
18 (B) A local government shall not impose any maximum density 19 standard of less than 80 dwelling units per acre. The development 20 proponent may seek a further increased density in accordance 21 with applicable density bonus law.
22 (C) A local government shall not enforce any other local 23 development standard or combination of standards that would 24 prevent achieving a floor area ratio of up to 2.5.
25 (D) A development that otherwise meets the eligibility 26 requirements of Section 65915, including, but not limited to, 27 affordability requirements, shall be eligible for one additional 28 concession pursuant to Section 65915.
29 (6) For a residential development within one-half mile of a Tier 30 3 transit -oriented development stop, all of the following apply:
31 (A) A development may be built up to 45 feet high, or up to the 32 local height limit, whichever is greater.
33 (B) A local government shall not impose any maximum density 34 standard of less than 60 dwelling units per acre. The development 35 proponent may seek a further increased density in accordance 36 with applicable density bonus law.
37 (C) A local government shall not enforce any other local 38 development standard or combination of standards that would 39 prevent achieving a floor area ratio of up to 2.
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SB79 —24-
1 (b) Notwithstanding any other law, a parcel that meets any of 2 the eligibility criteria under subdivision (a) and is immediately 3 adjacent to a Tier 1, Tier 2, or Tier 3 transit -oriented development 4 stop shall be eligible for an adjacency intensifier to increase the 5 height limit by an additional 20 feet, the maximum density standard 6 by an additional 40 dwelling units per acre, and the floor area 7 ratio by 1.
8 (c) A development proposed pursuant to this section shall 9 comply with the antidisplacement requirements of Section 66300.6. 10 This subdivision shall apply to any city or county.
11 (d) A local government that denies a project meeting of the 12 requirements of this section that is located in a high -resource area 13 shall be presumed to be in violation of the Housing Accountability

14. Act (Section 65589.5) and liable for penalties pursuant to 15 subparagraph (B) of paragraph (1) of subdivision (k) of Section 16 65589.5, unless the local government demonstrates substantial 17 evidence that it has a health, life, or safety reason for denying the 18 project.
19 65912.158. Notwithstanding any other provision of this chapter, 20 a transit agency may adopt objective standards for both residential 21 and commercial developments proposed to be constructed on land 22 owned by the transit agency or on which the transit agency has a 23 permanent operating easement, if the objective standards allow 24 for the same or greater development intensity as that allowed by 25 local standards or applicable state law.
26 65912.159. A development project proposed pursuant to Section 27 65912.157 shall be eligible for streamlined ministerial approval 28 pursuant to Section 65913.4 in accordance with both of the 29 following:
30 (a) The proposed project shall be exempt from subparagraph 31 (A) of paragraph (4) of, paragraph (5) of, and clause (iv) of 32 subparagraph (A) of paragraph (6) of, subdivision (a) of Section 33 65913.4.
34 (b) The project shall comply with all other requirements of 35 Section 65913.4, including, but not limited to, the prohibition 36 against a site that is within a very high fire hazard severity zone, 37 pursuant to subparagraph (D) of paragraph (6) of subdivision (a) 38 of Section 65913.4.
39 65912.160. (a) The department shall oversee compliance with 40 this chapter, including, but not limited to, promulgating standards 98 04/14/2025 City Council Agenda
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-25— SB79
1 on how to account for capacity pursuant to this chapter in a city 2 or county's inventory of land suitable for residential development, 3 pursuant to Section 65583.2.
4 (b) (1) A local government may adopt an ordinance to
5 implement the provisions of this chapter, which may include 6 revisions to applicable zoning requirements on individual sites 7 within a transit -oriented development zone, provided that those 8 revisions maintain the average density allowed for the applicable 9 tier, or up to a 100-percent increase, subject to review by the 10 department pursuant to paragraph (3).
11 (2) An ordinance adopted to implement this section shall not 12 be considered a project under Division 13 (commencing with 13 Section 21000) of the Public Resources Code.
14 (3) (A) A local government shall submit a copy of any ordinance 15 adopted pursuant to this section to the department within 60 days 16 of adoption.
17 (B) Upon receipt of an ordinance pursuant to this paragraph, 18 the department shall review that ordinance and determine whether 19 it complies with this section. If the department determines that the 20 ordinance does not comply with this section, the department shall 21 notify the local government in writing and provide the local 22 government a reasonable time, not to exceed 30 days, to respond 23 before taking further action as authorized by this section. 24 (C) The local government shall consider any findings made by 25 the department pursuant to subparagraph (B) and shall do one of 26 the following:
27 (i) Amend the ordinance to comply with this section. 28 (ii) Adopt the ordinance without changes. The local government 29 shall include findings in its resolution adopting the ordinance that 30 explain the reasons the local government believes that the 31 ordinance complies with this section despite the findings of the 32 department.
33 (D) If the local government does not amend its ordinance in 34 response to the department's findings or does not adopt a 35 resolution with findings explaining the reason the ordinance 36 complies with this chapter and addressing the department's 37 findings, the department shall notify the local government and may 38 notify the Attorney General that the local government is in violation 39 of this section.
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SB79 —26-
1 65912.161. The Legislature finds and declares that the state 2 faces a housing crisis of availability and affordability, in large 3 part due to a severe shortage of housing, and solving the housing 4 crisis therefore requires a multifaceted, statewide approach, 5 including, but not limited to, encouraging an increase in the overall 6 supply of housing, encouraging the development of housing that 7 is affordable to households at all income levels, removing barriers 8 to housing production, expanding homeownership opportunities, 9 and expanding the availability of rental housing, and is a matter 10 of statewide concern and is not a municipal affair as that term is 11 used in Section 5 of Article XI of the California Constitution. 12 Therefore, this chapter applies to all cities, including charter cities. 13 SEC. 3. Section 21080.26.5 is added to the Public Resources 14 Code, to read:
15 21080.26.5. (a) For the purposes of this section, "public 16 project" means a project constructed by either a public agency or 17 private entity, that, upon the completion of the construction, will 18 be operated by a public agency.
19 (b) This division shall not apply to a public or private 20 residential, commercial, or mixed -used project that, at the time 21 the project application is filed, is located entirely or principally 22 on land owned by a public transit agency, or fully or partially 23 encumbered by an existing operating easement in favor of a public 24 transit agency, and that includes at least one of the following:
25 (1) A project component identified in paragraphs (1) to (5), 26 inclusive, or paragraph (7) of subdivision (b) of Section 21080.25. 27 (2) A public project for passenger rail service facilities, other 28 than light rail service eligible under paragraph (5) of subdivision 29 (b) of Section 21080.25, including the construction, 30 reconfiguration, or rehabilitation of stations, terminals, rails, 31 platforms, or existing operations facilities, which will be exclusively 32 used by zero -emission or electric trains. The project shall be 33 located on land owned by a public transit agency, or land fully or 34 partially encumbered by an existing operating easement in favor 35 of a public transit agency, at the time the project application is 36 filed.
37 (3) An agreement between the project applicant and public 38 transit agency that owns the land or has the permanent operating 39 easement to finance transit capital infrastructure, transit 40 maintenance, or transit operations, including through a proposed 98 04/14/2025 City Council Agenda
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-27— SB79
1 public financing district, community financing district, or tax 2 increment generated by the project.
3 (c) If a project described in subdivision (b) requires the 4 construction of new passenger rail storage and maintenance 5 facilities at a publicly or privately owned offsite location distinct 6 from the principal project site, then that project shall be considered 7 a wholly separate project from the project described in subdivision 8 (b) and shall not be exempt from this division. Any required 9 environmental review shall not affect or render invalid the 10 exemption provided in subdivision (b), regardless of whether the 11 project described in subdivision (b) cannot proceed unless the 12 offsite facilities are constructed.
13 SEC. 4. No reimbursement is required by this act pursuant to 14 Section 6 of Article XIII B of the California Constitution because 15 a local government or school district has the authority to levy 16 service charges, fees, or assessments sufficient to pay for the 17 program or level of service mandated by this act, within the 18 meaning of Section 17556 of the Government Code.
19 SECTION 1. (a) It is thc intcnt of thc Lcgislaturc to cnact 20 legislation that makes housing morc affordable for California 21 families, rcduccs grccnhousc gas cmissions, and cnhanccs public 22 transit systcms.
23 (b) Specifically, it is the intcnt of thc Lcgislaturc that the 24 legislation dcscribcd in subdivision (a) do all of thc following:
25 (1) Rcquirc thc upzoning of land near rail stations and rapid bus 26 lines to cncouragc transit-oricntcd development.
27 (2) Ensurc that thc degree of upzoning is proportional to the 28 capacity of thc adjacent transit nctwork and thc distance to transit 29 stations, thcrcby maximizing thc use of public transit infrastructurc. 30 (3) Intcgratc upzoning provisions into local jurisdictions' 31 housing cicmcnts to align with statewide housing goals and 32 promote compliancc with thc regional housing nccd allocation 33 process.
34 (4) Support transit agencies in incrcasing and divcrsifying their 35 rcvcnuc sources bcyond cxisting public subsidics and farc rcvcnuc 36 tither in this bill or in subsequent legislation, cnsuring sustainable 37 funding for operational and capital improvements necessary to 38 meet increased dcmand resulting from upzoning initiatives. 39 SEC. 2. (a) The Lcgislaturc finds and dcclarcs thc following:
98 04/14/2025 City Council Agenda
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SB79 —28-
1 (1) California faces a housing shortage both acutc and chronic, 2 particularly in areas with access to robust public transit 3 infrastructure.
4 (2) Building morc homcs ncar transit acccss rcduccs housing 5 and transportation costs for California familics, and promotes 6 environmental sustainability, cconomic growth, and rcduccd traffic 7 congestion.
8 (3) Public transit systems require sustainablc funding to provide 9 reliable scrvicc, cspccially in areas cxpericncing incrcascd dcnsity 10 and ridcrship. The state docs not invcst in public transit scrvicc to 11 thc same degree as it docs in roads, and thc statc funds a smaller 12 proportion of the statc's major transit agcncics' operations costs 13 than othcr statcs with comparablc systems.
14 (b) Therefore, it is thc intcnt of the Lcgislaturc to address thcsc 15 challenges by cnacting legislation to do the following:
16 (1) Establishing a framework for transit-bascd upzoning that is 17 sensitive to thc capacity of cxisting and planned transit 18 infrastructure.
19 (2) Supporting local jurisdictions in intcgrating thcsc upzoning 20 requirements into their housing elements as part of thcir general 21 p
22 (3) Allowing local jurisdictions to be exempt from thc upzoning 23 provisions if thcy adopt highcr intensity or more permissive zoning 24 standards than thosc sct by statc law.
25 (4) Ensuring that all eligible parccls may also bcncfit from thc 26 streamlining provisions under Scction 65913.4 of thc Government 27 Code, provided they meet thc labor, environmental, and othcr 28 relevant standards outlincd in thc statute.
29 (5) Granting transit agencies the authority to sct rcsidcntial and 30 commcrcial zoning standards on properties thcy own or havc a 31 permanent operating cascmcnt on, providcd that thc residcntial 32 and commcrcial zoning standards arc highcr intcnsity and more 33 permissive than thc zoning standards sct by the local government. 34 SEC. 3. In cnacting thc legislation described in Section 1, it is 35 further the intent of thc Lcgislaturc to do thc following:
36 (a) Consult with local govcrnmcnts, regional planning agcncics, 37 ,
38 othcr stakeholders to develop effective and cquitablc upzoning 39 criteria.
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-29— SB79
1 (b) Rcquirc local jurisdictions to adopt and implcmcnt thcsc 2 transit-bascd upzoning policics in a timcly and effective manncr. 3 (c) Monitor and cvaluatc thc outcomcs of transit-bascd upzoning 4 policics to cnsurc alignmcnt with thc statc's housing, 5 environmental, and transportation goals.
0 98
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ATTACHMENT 2
04/14/2025 City Council Agenda
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April 14, 2025
The Honorable Scott Wiener
Senator, California State Senate
1021 0 St, Suite 8620
Sacramento, CA 95814
RE: Notice of Opposition SB 79 (Wiener) Transit -oriented Development Dear Senator Wiener,
I write in opposition to SB 79, which would erode local control, disregard state -certified housing elements, and grant land use authority to transit agencies.

SB 79 doubles down on the recent trend of the state overriding its own mandated local housing elements. This latest overreaching effort forces cities to approve transit -oriented development projects near specified transit stops —up to seven stories high and a density of 120 homes per acre — without regard to the community's needs, environmental review, or public input.

The City of Yucaipa is a rural community and values local control. Many of Yucaipa's residents have moved here to escape the pattern of land use in larger cities, including those continuing to be forced upon us by Sacramento. We stand opposed to any state action that removes the rights of the citizens of Yucaipa to determine their own fate through local land use control.

SB 79 defies cities' general plans and provides transit agencies unlimited land use authority on property they own or have a permanent easement, regardless of the distance from a transit stop.

Transit agencies would have the power to determine all aspects of the development including height, density, and design, without any regard to local zoning or planning.

Sincerely,
Jon Thorp
Mayor
cc. Senator Rosalice Ochoa Bogh
Assemblyman Greg Wallis
Laura Varela, Cal Cities, Regional Public Affairs Manager League of California Cities, citvletterscacities.org
04/14/2025 City Council Agenda
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
114

Item No. 9

AGENDA REPORT
DATE: April 14, 2025
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services 1\11
SUBJECT: City of Yucaipa Fourth of July Fireworks Show
RECOMMENDATION:

That the City Council:
1) Authorize the Acting City Manager to execute a contract with Pyro Spectaculars, Inc. in the amount of $45,145, to produce a Firework Show; and
2) Amend the FY25 Community Services General Fund Budget by appropriating an additional $50,000 for the procurement of fireworks, restrooms and supplies, and $40,000 in sponsorship and parking revenue for the 2025 4th of July event; and 3) Approve the closure of Chapman Heights Road west of 10th Street and east of 13th Street, and the closure of Gold Mountain Road north of Chapman Heights Road from 6:00 p.m. until 10:00 p.m. on July 4, 2025.

BACKGROUND/DISCUSSION:

The City of Yucaipa is hosting a 4th of July Fireworks Show (event) at Yucaipa High School (YHS) on Friday, July 4, 2025. The Fireworks show will begin at 9:00 p.m. The program includes fireworks, music production and choreography, a licensed pyrotechnic operator, specialized crew, an electric firing system, and pyrotechnic safety equipment. The program will last approximately 20 minutes.

The Fireworks launch area will be consistent with previous years' and will be located at YHS on the northwest baseball field. Gates to YHS will open at 6:00 p.m., the cost is $15 per vehicle. Once in participants can set up chairs and blankets, visit vendors, and enjoy free lawn games.

This year's event is scaled down from previous years to save money. As a result, this year's event will not include a stage or live entertainment. Staff will work through the details of the event and meet with the Yucaipa Calimesa Joint Unified School District personnel, Yucaipa Police and Fire, and the Public Works Department to address specific conditions of the event. The event will occur in FY26 and therefore actual revenues and expenditures will be reported in that year. 04/14/2025 City Council Agenda
115

FISCAL IMPACT:

Recommendation two is an amendment of a net $10,000 to the FY25 Community Services General Fund Budget.

Attachment:

1. Proposal & Agreement
04/14/2025 City Council Agenda
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ATTACHMENT 1
04/14/2025 City Council Agenda
117

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04/14/2025 City Council Agenda
118

March 28, 2025
City of Yucaipa
Megan Wolfe
34272 Yucaipa Blvd.

Yucaipa, CA 92399
Subject: Proposal for your event on July 4, 2025, PROGRAM A for $45,000.00 . The fireworks elements provided are prepared to shoot from LOCATION.

Pyrotechnics: Close Proximity ODisplay Fireworks ❑Firecrackers Theatrical Effects: ❑Spark Machines ❑Flames 00O2 Cryo Jets E Confetti/Streamers ❑Lights ❑Foggers
Drones: ❑ Light Animations ❑ Accents
Dear Megan Wolfe,
Pyro Spectaculars, Inc. is delighted to present our proposal for the full -service custom -designed PROGRAM A for the production of your upcoming event. We are confident that our production capabilities and crew experience will result in the display of an unforgettable experience for your audience.

Enclosed you will find three important documents that outline our PROGRAM A proposal in detail:

1. Product Synopsis - Proposal: Provides the specifications of the devices and products to be used in your event.

2. Production Agreement: Presents the terms and conditions for the production of your event, including engagements, duties, and payment dates and amounts.

3. Scope of Work: Outlines the responsibilities and services to be provided by both Pyro Spectaculars, Inc. and City of Yucaipa that will be necessary for the execution of the production of your event, along with insurance limits and requirements.

To secure your program, return the fully executed Production Agreement, and initial payment, to our office by the PRICE FIRM date, April 22, 2025. Please note that program availability, pricing, and show date may be subject to change if these are not timely received.

If you have any questions or wish to discuss your program in detail, please do not hesitate to contact either me or your dedicated Customer Service Representative, Maria Barajas, at (909) 355-8120, extension 228
Sincerely,
Pyro Spectaculars, Inc.
gUc(1. .

Jeff Martin, Show Producer
mb
Pyro Spectaculars, Inc.

P.O. Box 2329, Rialto, CA 92377 • Phone: (909) 355- 8120 • Fax: (909) 355-9813 ouncil Agenda
119

Fireworks Proposal
City of Yucaipa
PROGRAM A — July 4, 2025
$45,000.00
Main Body - Aerial Shells
Description Quantity
• 3" Souza Designer Selections 125
• 4" Souza Designer Selections 150
• 5" Souza Designer Selections 96
Total of Main Body - Aerial Shells 371
Pyrotechnic Devices
Description Quantity
• Sousa Pro-formance Mulitshot Device 100 Shots
Total of Pyrotechnic Devices 100
Grand Finale
Description Quantity
• 2.5" Souza Designer Bombardment Shells 72
• 3" Souza Designer Bombardment Shells 230
• 4" Souza Designer Bombardment Shells 90
• 5" Souza Designer Bombardment Shells 18
Total of Grand Finale 410
Grand Total 881
*Display duration approximately 18-20 minutes*
Product descriptions are for specification of product quality, classification, and value. Final product selections will be based on availability, suitability, and overall artistic style. 04/14/2025 City Council Agenda
120

Pyro Spectaculars, Inc.

P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813

PRODUCTION AGREEMENT
(Special)
City of Yucaipa
Program A, Rev. # 2
July 4, 2025

This agreement ("Agreement") is made this day of , 2025 by and between Pyro Spectaculars, Inc., a California corporation, hereinafter referred to as ("PYRO"), and City of Yucaipa, hereinafter referred to as ("CLIENT"). PYRO and CLIENT are sometimes referred to as "Party" or collectively as "Parties" herein.

1. Engagement - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production"), and PYRO accepts such engagement upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program "A", attached hereto and incorporated herein by this reference.

1.1 PYRO Duties — PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the Production and the other things on its part to be performed. including preproduction services, all as more specifically set forth below in this Agreement and in the Scope of Work ("Scope of Work"), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein.

1.2 CLIENT Duties — CLIENT shall provide to PYRO a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph 6 hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work. All Site an-angements are subject to PYRO's reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access, use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors.

2. Time and Place - The Production shall take place on July 4, 2025, at approximately 9:00 p.m, at Yucaipa High School Soccer Field North of the stadium, 33000 Yucaipa Blvd., Yucaipa, CA, Site.

3. Fees, Interest, and Expenses -

3.1 Fee - CLIENT agrees to pay PYRO a fee of $45,000.00 USD (FORTY-FIVE THOUSAND DOLLARS) ("Fee") for the Production.

CLIENT shall pay to PYRO an initial payment ("Initial Payment") equal to 50 % of the Production Fee $22,500.00 USD (TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated at $145.00 OR an amount to he determined, for a total of $22.645.00, upon the execution of this Agreement by both parties but no later than April 22, 2025. Thc Initial Payment is a partial payment toward the preproduction services and costs set forth in the Scope of Work ("Preproduction Services and Costs") The balance of the Fee shall be paid no later than June 5. 2025. CLIENT authorizes PYRO to receive and verify credit and financial information concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The "PRICE FIRM" date, the date by which the executed Agreement must be delivered to Pyro, is set forth in paragraph 20.

3.2 Interest - In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5% interest per month or 18% annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection with the litigation, including, but not limited to attorneys' fees.

3.3 Expenses — PYRO shall pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items outlined as CLIENT's responsibility in this Agreement and Scope of Work.

4. Proprietary Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO does not own CLIENT -owned material or third -party -owned material that has been included in the Production, and as to such CLIENT -owned and third -party - owned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the Production, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT -owned material and third -party -owned material and shall not be responsible in any way for such material. If applicable, CLIENT consents to the use of CLIENT -owned material and represents that it has or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. PYRO reserves the ownership rights in its trade names that are used in or are a product of the Production. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibited.

5. Safety, - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures consistent with recognized applicable industry standards and practices. At all times before and during the Production, it shall be within PYRO's sole discretion to determine whether or not the Production may be safely discharged or continued. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of PYRO.

6. Security - CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by PYRO from entering an area to be designated by PYRO as the area for the set-up and discharge of the Production, including a fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or controlling CLIENT's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production.

7. Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary by PYRO. CLIENT shall be responsible for any other clean up which may be required of the Production or set-up, discharge and fallout areas including any environmental clean-up.

PSI V-2022-2
04/14/2025 City Council Agenda
121

Pyro Spectaculars, Inc.

P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
City of Yucaipa
Program A, Rev. # 2
July 4, 2025

8. Permits - PYRO agrees to apply for permits for the firing of pyrotechnics only from the City of Yucaipa Fire Department/CAL FiRE San Bernardino Unit -Yucaipa Battalion 3, FAA, and USCG, if required. CLIENT shall be responsible for any fees associated with these permits including standby fees. CLIENT shall be responsible for obtaining any other necessary permits, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments, road closures, event/activity or land use permits or any permission or permit required by any Local, Regional, State or Federal Government.

9. Insurance - PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with PYRO's performance of this Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under this Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLiENT's negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT.

The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage shall be furnished to CLIENT prior to the rendering of services hereunder and shall include that the following are named as additionally insured: CLIENT; Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities. with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurancc coverage with respect to their respective operations and services.

10. Indemnification - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify, hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or employees. CLIENT shall indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses. including but not limited to, attorney and other professional fees and court costs in connection with the Toss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party.

11. Limitation of Damages for Ordinary Breach - Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in performing the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages for loss of income, business or profits.

12. Force Maieure - CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause thc cancellation of any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or at the scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) reschedule the Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based upon when the Production is canceled.

13. Rescheduling Of Event - if CLIENT elects to reschedule the Production, PYRO shall be paid the original Fee plus all additional expenses made necessary by rescheduling plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits, materials. equipment, transportation and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The services shall be rescheduled for a date mutually agreeable to the Parties to be performed on or before December 31, 2024 (NYE).

14. Right To Cancel — CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If CLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fce as set forth in Paragraph 3.1. 1) 50% if cancellation occurs 30 or more days prior to the scheduled date. 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event CLIENT cancels the Production, it will be impractical or extremely difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if CLIENT cancels the Production.

15. No Joint Venture - It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forming a partnership or joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an employee of CLIENT. The Parties hereto shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not expressly provided for herein.

16. Applicable Law - This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California.

It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable.

17. Notices - Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in thc United States Mail, postage prepaid, first class, addressed as follows: PYRO — Pyro Spectaculars, Inc., P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N.

Locust Avenue. Rialto, California 92377. CLIENT — City of Yucaipa. 34272 Yucaipa Blvd., Yucaipa. CA 92399.

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Pyro Spectaculars, Inc.

P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
City of Yucaipa
Program A, Rev. # 2
July 4, 2025

18. Modification of Terms — All terms of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.

19. Severabilitv — If there is more than one CLIENT, they shall be jointly and severally responsible to perform CLIENT's obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shall be deemed an original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns.

20. Price Firm — If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to PYRO on or before the PRICE FIRM date shown below, or if the Initial Payment is not paid on or before the due date, then the price, date, and scope of the Production are subject to review and acceptance by PYRO for a period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void.

PRICE FIRM through April 22, 2025
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.

See PRICE FIRM conditions, paragraph 20, above.

EXECUTED as of the date first written above:

PYRO SPECTACULARS, INC.

City of Yucaipa
By:

Its: Vice President Its:

Date: 3/28/25
SHOW PRODUCER: Jeff Martin
96 Date:

Print Name
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Pyro Spectaculars, Inc.

P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813

SCOPE OF WORK
PYRO SPECTACULARS, INC. ("PYRO")
and
City of Yucaipa("CLIENT")
Pyro shall provide the following goods and services to CLIENT:

City of Yucaipa
Program A, Rev. # 2
July 4, 2025

• One Pyro Spectaculars, Inc., Production on July 4, 2025, at approximately 9:00 p.m., at Yucaipa High School Soccer Field North of the stadium, 33000 Yucaipa Blvd., Yucaipa, CA. • All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Preproduction Services and Costs for the Production, including advance acquisition of materials and products; design, engineering, programming, handling, staging, storage, and maintenance of products, props, and systems; preparation of drawings, diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance, including MCS90 explosives transportation coverage, parking, security, and maintenance. • Application for specific pyrotechnic permits relating to the Production. • Musical soundtrack for the Production supplied in agreed upon format. • Insurance covering the preproduction and Production as set forth in the Agreement with the following limits:

Insurance Requirements
Commercial General Liability
Business Auto Liability -
Owned. Non -Owned and Hired Autos
Workers' Compensation
Employer Liability
Limits
$5,000,000.00
$5,000,000.00
Statutory
$1,000,000
Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Per Occurrence
CLIENT shall provide to PYRO the following goods and services:
• All on -site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT.
• Coordination and any applicable non -pyrotechnic permitting with the local, state or federal government that may hold authority within the Production.
• Costs of all permits required for the presentation of the Production and the event as a whole. • Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all set- up and load -out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone. • A professional grade Audio System including all necessary equipment, installation of such equipment and trained audio engineers for operation based on audio and communications requirements provided by PYRO. • General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary.

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DATE:

TO:

AGENDA REPORT
April 14, 2025
Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Devel
Phillip White, Director of Finance
Scott Washburn, Deputy Director o
Item No. 10
nt Servies/City Engineer'
ublic WorksVe ., cam, t.,/
SUBJECT: Purchase Order Change Order for Bryant Glen Field Lighting Replacement RECOMMENDATION:

That the City Council authorize staff to increase the purchase order with Southern California West Coast Electric Inc. from $24,000 up to $60,000 for the expanded purchase of field lighting lights and installation services at Bryant Glen Park.

BACKGROUND/DISCUSSION:

The baseball fields at Bryant Glen Park are lit by various light arrays mounted on poles surrounding the fields. Lights have a limited life span, and the current lights go out after several years of use and require replacement. As more lights in a lighting array go out, the lighting becomes less effective. As the lighting dims, safety concerns increase.

Light replacement is an expensive challenge at Bryant Glen as a lift is required to reach the mounts at the top of the steel poles. Additionally, the dated technology includes multiple components, and a non- functional light is difficult to troubleshoot from the ground.

The number of non-functional lights at Bryant Glen Park baseball fields has been increasing as the lights are at the tail end of their life span. As an example of the current state of lighting at this facility, one pole has 2 functional lights and 4 non-functional lights creating a less -than -ideal environment for evening baseball games and practices.

The City has a purchase order (PO) with Southern California West Coast Electric Inc. for light installation and replacement services. During a recent repair, the City was notified by the vendor that upgraded LED technology lights are available at a discounted price. This technology provides 50,000 hours of lighting per light which significantly exceeds the life span of the currently used lights. Several replacement lights were recently installed under the existing PO. Staff's recommendation is to procure additional discounted lights to replace the other non-functional lights, to fund the rental equipment and labor to replace the lights, and to keep an inventory on -hand to replace other lights as they go out. This procurement will require an increase in the PO beyond $30,000, which is the City's purchasing policy 04/14/2025 City Council Agenda
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threshold requiring City Council approval. Accordingly, staff is requesting approval to expand the PO to $60,000.

The budget necessary to fund the increase to the PO already exists in the General Fund's FY25 Public Works Department Budget so no additional appropriation is being requested. Instead of adding to the budget, the PO will encumber existing budget and this item is strictly to meet the requirements of the City's purchasing policy.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Approved by:
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Item No. 11
DATE: April 14, 2025
TO:

AGENDA REPORT
Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer j(
Daniel Meisenbach, Construction Engineer Lk, p_ M
SUBJECT: Construction Update - County Line Road Corridor Improvement Project RECOMMENDATION:

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

BACKGROUND/DISCUSSION:

The County Line Road Corridor Improvement Project (Project) will improve County Line Road between Bryant Street and Calimesa Boulevard. The Project includes the construction of roundabouts at several intersections and the installation of curb/gutter, sidewalk, driveway approaches, drainage improvements, bike lanes and utility relocations. The construction and construction contract for the Project is being managed by the City of Calimesa in accordance with the executed SB1 Local Partnership Program (LPP) Grant Funding Agreement between both cities approved by the Yucaipa City Council on October 26, 2020.

The majority of the Project has been completed, with the exception of the final asphalt repairs and paving for the improved roadway segments and intersections. The final paving, as well as the repaving of the street segments not included in the Project, are planned to take place after all of the underground utility work along the corridor is completed.

The following utility companies are completing (or have completed) underground utility work within the Project's limits:
• Southern California Edison (SCE)
• South Mesa Water Company (SMWC)
• Yucaipa Valley Water District (YVWD)
• Frontier Communications
• Spectrum/Charter Communications
• Southern California Gas Co
• San Gorgonio Pass Water Agency (SGPWA),
• California Department of Water Resources (DWR)
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City staff has been coordinating with the City of Calimesa and the various utility agencies listed above to ensure the following:
1) The City of Yucaipa and City of Calimesa are updated with the scope of work and schedule for all planned utility work along County Line Road; and
2) The costs for the final pavement and repaving planned along County Line Road are estimated and agreed upon in advance, to ensure the Cities of Yucaipa and Calimesa share these costs equitably; and
3) Utility agencies performing work along the corridor either complete the required trench/pavement repairs in accordance with the applicable City standards, or contribute financially towards their fair share of the final pavement costs. 4) Utility work schedules are coordinated, planned and permitted by the City of Yucaipa and City of Calimesa. Issuance of permits incorporates specific conditions for the utility work such as requirements for any street closures and/or detours proposed by the utility agencies to accommodate safe work areas.

Additionally, The following list represents several facts and updates on the status of the ongoing utility construction taking place along this corridor:
• The Construction contract for the Project is managed by the City of Calimesa. While several minor contract items are currently being addressed prior to formal acceptance of the contract work, the improvements are substantially complete and all facilities/roundabouts have been opened to traffic.
• South Mesa Water Company (SMWC), owns waterlines along the corridor, and their construction project for the replacement of these lines began in the fall of 2024. • The SMWC project is substantially complete, and the Cities of Yucaipa and Calimesa are currently working with SMWC to determine the required final pavement repairs associated with their trench construction, and/or develop an agreement that identifies the appropriate amount for SMWC to contribute financially for the repaving within the limits of their Project. • The old SMWC watermain located in County Line Road that is being replaced with their current project is planned to be rehabilitated and reused. The rehabilitated pipeline will serve as a gravity water transmission pipeline for the San Gorgonio Pass Water Agency (SGPWA), and is planned to convey water to a groundwater recharge basin in Calimesa, located west of 3rd Street just south of County Line Road.
• SGPWA is the lead agency for this project, is currently finalizing the design and construction documents, and anticipates construction to begin this summer. This will require additional underground work on County Line Road between Bryant Street and 4th Street. • SGPWA Project construction is anticipated to be completed in September of 2025. • The Cities of Yucaipa and Calimesa have communicated the schedule to repave County Line Road segments once all utility work within County Line Road has been completed, as early as October/November of 2025.
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Additional information and updates will be provided by staff with the presentation of this report.

FISCAL IMPACT:

None
Attachments:

1. None (additional information will be presented by staff at the City Council Meeting) Approved by:
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AGENDA REPORT
DATE: April 14, 2025
TO:

FROM: Fermin Preciado, Director of Development Services/City Engineer ye Landon Kern, Assistant City Engineer
Item No. 12
Honorable Mayor and City Council
SUBJECT: Reject Bids - Upper Wildwood Creek Basin 4 Project - Project No. 11021 RECOMMENDATION:

That the City Council:
1) Reject all bids for the Upper Wildwood Creek Basin 4 Project- Project No. 11021 (Project); and
2) Direct staff to return to Council with funding options, an analysis of the Project's viability, and the Project's alignment with the 2025 City Council goals.

BACKGROUND/DISCUSSION:

The Upper Wildwood Creek Basin Project (Project) is identified in the City's Master Plan of Drainage (MPD) Update adopted by the City Council in 2012. The Project is identified in the MPD as a local flood control facility with a storm water detention basin facility for the Wildwood Creek drainage system. The Project is intended to provide multiple benefits including flood protection, groundwater recharge opportunities and erosion/sediment control along Wildwood Creek. The Project is proposed to include a retention/detention basin with an estimated storm water capture capacity of 25 acre-feet.

The erosion and sediment control benefit component of the Project will reduce erosion, control sediment and reduce storm flows downstream along Wildwood Creek thus providing protection for the existing native habitat and mature oak trees along the natural Wildwood Creek alignment. This component of the project will also protect Wildwood Canyon Road, Wildwood Canyon City Park and private properties from erosion and flooding.

The funding sources for this Project include Drainage Development Impact Fee Funds, ARPA Grant Funds, WaterSMART Grant Funds, and Congressional Community Project Spending Funds through US Representative Obernolte's office.

The engineering design has been completed and the construction documents for the project have been prepared. Since the project is located within a waterway under the jurisdiction of the State and Federal government, the required environmental review has been completed and permits have been obtained.
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The table below includes the authorized funding in the FY25 Capital Improvement Program (CIP):

Funding Source
Amount
Development Impact Fee (Drainage DIF)
$277,000
ARPA Grant
$880,000
WaterSMART Grant
$227,000
Congressional Community Project Spending
$1,800,000
Total authorized funding
$3,184,000
Of the authorized funding shown above, approximately $2,765,000 is remaining and available to complete the project.

The following phases are required to complete the project in accordance with the City's adopted MPD:
• Construction
• Environmental permit requirements (biological/tribal monitoring, testing, construction mitigation, etc.)
• Environmental impact mitigation measure implementation and monitoring.

On Jan 27, 2025, Council approved the extension of the ARPA Grant funding, extending the date for the City Council to award a construction contract to June 30, 2025. As part of this extension, the ARPA Grant funding must be expended by 2027.

Staff publicly advertised the Project for construction bids and on November 5th, 2024, three (5) bids were received from contractors as follows:

Contractor
Bid Amount
JK Excavating and Grading Co. Inc.
$3,496,787
Jeremy Harris Construction
$3,874 678
MDB General Engineering, Inc.
$4,485,353
Empire Equipment Services, Inc.
$5,243,235
Miller Equipment Co.
$5,323,004
Engineer' s Estimate
$2,600,000
Due to the costs associated with the required extensive grading and large amount of export material, the bid amounts received are significantly higher than the engineer's estimate. With the construction bids received and information gathered over the last few months related to current costs associated with the environmental permit requirements, biological/tribal monitoring and environmental impact mitigation, staff has revised the cost estimate to complete the project as follows:
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Description
Cost
Construction*
$4,200,000
Environmental Permit Requirements - Biological/Tribal Monitoring $250,000
Environmental Impact Mitigation
$2,500,000
Total Estimated Cost to Complete Project
$6,950,000
Total available funding to complete the Project
$2,765,000
Additional Funding Needed
$4,185,000
*The Construction budget is an estimate based on the lowest bid received on 11/5/24. This estimate also includes contract contingency (10%), construction engineering (inspection, contract administration, materials testing, etc.), and environmental engineering required by the resource agency permits obtained for the construction phase.

Based on the estimated costs to complete the project, and the available funding, there is an approximate $4.2 million funding gap. Considering the size of the funding gap, the available reserve balance, and the grant construction timelines, staff is recommending that the City Council reject all bids for the Project at this time. If approved, staff could return to the City Council in the near future with funding options, an analysis of the project's viability and an analysis of the project's alignment with the 2025 City Council adopted goals.

FISCAL IMPACT:

No fiscal impact is anticipated with this item.

Approved b
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Item No. 13

AGENDA REPORT
DATE: April 14, 2025
TO: Honorable Mayor and City Council
FROM: Fire Chief Grant Malinowski
SUBJECT: CAL FIRE Local Responsibility Area Fire Hazard Severity Zone Update RECOMMENDATION:

That the City Council receive and file an update to the CAL FIRE Local Responsibility Area (LRA) Fire Hazard Severity Zones (FHSZ) affecting the City of Yucaipa and surrounding jurisdictions.

BACKGROUND/DISCUSSION:

Government Code 51178 mandates that the State Fire Marshal identify Fire Hazard Severity Zones based on consistent Statewide criteria. FHSZ's in the LRA have been identified since the 1992 Bates Bill (AB337), in 2021 CAL FIRE began the process of re -analyzing FHSZ's with better ember cast modeling. On March 24th, 2025, the Office of the State Fire Marshall released Phase 4 of the Statewide FHSZ updates which included the City of Yucaipa. Executive Order N-18-25 mandates municipalities have 120 days to adopt CAL FIRE's FHSZ zones and California Fire Code 7A Building Standards within all very high and high FHSZ's in the LRA. This update has also added the moderate hazard severity zone within the LRA.

FISCAL IMPACT:

There is no fiscal impact.

Attachment:

1. Fire Hazard Severity Zone Update PowerPoint
Approved by----�
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ATTACHMENT 1
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Fire Hazard
Severity Zone
Update
04/14/2025 City Council Agenda
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Previous FHSZ
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136

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Fire Hazard Severity Zones
Local Responsibility Area (LRA)
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Item No. 14

AGENDA REPORT
DATE: April 14, 2025
TO: Honorable Mayor and City Council
FROM: Phil White, Director of Finance
SUBJECT: Strategic Plan — Alternative Options and Request for Direction RECOMMENDATION:

That the City Council:

1. Provide direction on how to proceed with developing the City's strategic plan; and

2. Consider expanding the role of the Measure S Oversight Committee to support this effort.

BACKGROUND/DISCUSSION:

In January 2025, the City Council adopted goals for the year. One goal was to create a strategic plan.

On March 24, staff brought an item to the Council recommending the release of an RFP for a consultant to lead the planning process. The estimated cost would be about $100,000, and the process would take around 12 months. The Council gave staff the go-ahead to move forward with this approach.

A strategic plan outlines a long-term vision and sets goals and strategies to meet that vision. It ensures resources are aligned to address priorities. Key elements include:
• Vision: The desired future of Yucaipa
• Mission: How the community will achieve that future
• Values: Core principles guiding our actions
• Goals: Broad, long-term aims
• Objectives: Measurable steps toward goals
• Strategies: Ways to meet objectives
• Action Plans: Timelines and steps for moving forward
These plans can cover areas like economic development, parks, public safety, and more. A long range financial plan can be a component of a strategic plan to align the use of resources with the objective.

They help guide decisions, plan for future costs, and ensure consistency in City direction. 04/14/2025 City Council Agenda
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During that March 24th discussion, some Council Members asked if staff could lead the effort instead.

At the time, staff believed we didn't have the internal expertise. After further review, we believe we do. However, an internal process may carry risks like bias and public concern about transparency.

Now, we are coming back to the Council with three clear options and one idea for additional public involvement.

Option 1: Consultant -Led
A hired consultant would lead the entire planning process.

Pros:
• Less bias; offers an outside view
• No extra burden on City staff
Cons:
• Higher cost
• May still be seen as biased since the City is paying for it Option 2: Staff -Led
City staff would run the planning process.

Pros:
• Lower cost (uses current staff)
• Staff know City operations well
Cons:
• Staff may be biased about their own work
• Political influence may steer results
• May not be seen as transparent and could reduce trust • Would draw staff away from daily tasks
Option 3: Hybrid Approach (Staff + Consultant)
A mix of consultant and staff efforts. Consultant would lead parts of the project, and staff would assist where needed. Staff would issue a reduced scope RFP for a smaller consultant role.

Pros:
• Lower cost than full consultant -led
• Brings both internal knowledge and outside perspective • Staff and community stay engaged through the process
Cons:
• Requires clear boundaries to manage bias
• Will still need staff time and effort reducing availability for daily tasks 04/14/2025 City Council Agenda
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Involving the Measure S Oversight Committee
The Measure S Committee (Committee) is currently designed to oversee how those specific funds are spent. Staff believes the Committee could take on a broader role by helping evaluate all City operations. The Committee would also act as a conduit for community ideas. This would provide an added layer of outside input and increase public trust.

If the City Council agrees, the Committee could help shape the strategic plan by working with the public, staff, and a consultant. The result would be a draft plan for the City Council to consider.

Options Comparison
Option
Cost
Bias Risk
Public
Trust
Staff
Burden
Community
Input
Staff
Knowledge
Consultant-
Led
High
Medium
Medium
Low
High
Low
Staff -Led
Low
High
Low
High
Moderate
High
Hybrid
Medium
Low
High
Medium
Very High
High
Staff Recommendation
Staff recommends Option 3: Hybrid Approach with Measure S Committee involvement.

This approach saves money, brings in different viewpoints, and builds public trust. It also keeps staff involved in the process while allowing for outside support where needed. Staff is recommending this option as the most likely to result in the highest quality and the most community trusted outcome.

Request for Direction
• Does the Council support expanding the Measure S Committee's role to assist with the strategic planning process?
• Which of the three options —Consultant -led, Staff -led, or Hybrid —does the Council prefer? FISCAL IMPACT:

The fiscal impact depends on the direction given. Additional detail on the fiscal impact will be provided at the conclusion of the RFP process.

Approved by:
0_,(c_,
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Item No. 15

AGENDA REPORT
DATE: April 14, 2025
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Todd Gutjahr, Public Works Analyst Wirt, TG,
SUBJECT: City of Yucaipa Flag Display Policy
RECOMMENDATION:

That the City Council review and direct staff as appropriate regarding a City Flag Display Policy.

BACKGROUND/ DISCUSSION:

The City of Yucaipa currently does not have an adopted Flag Display Policy for the United States Flag, the California State Flag, or the Yucaipa City Flag. For many years, the City's practice has been to lower the flag to half-staff at Yucaipa City Hall and other City -owned or City -operated facilities based on the direction of the President of the United States, the Governor of the State of California, or when there is a death of either an active City employee or of a City of Yucaipa resident serving in the armed forces (Tyler Davis 2012).

The San Bernardino County Sheriff's Department (SBCSD) and the California Department of Forestry and Fire Prevention (CalFire) have their own adopted flag display policies and the flags displayed at the Yucaipa Police Department Facility (Police Station) and the three (3) fire stations within the City follow those respective policies.

In 2014, a Covina Police Department officer was killed in a motorcycle accident while on duty. Per the SBCSD flag policy, the flag at the Police Station was displayed at half-staff until completion of the officer's funeral. The City, however, did not fly the City Hall flag at half-staff due to the City's past practice.

With the construction and opening of the Police Station next to City Hall just prior to the death of the Covina Police Department officer in 2014, the proximity of the flag displays at City Hall and the Police Station highlighted the noticeable difference between the SBCSD Flag Display Policy and the City's flag display practice since the Police Station flag was at half-staff and the City Hall flag was at full staff.

In October of 2014, City Council reviewed and discussed the preparation and adoption of a City of Yucaipa Flag Display Policy. As part of the discussion, the SBCSD Flag Display Policy and the California Department of Forestry and Fire Prevention (CalFire) Flag Display Policy were also reviewed and considered in the discussion. After the City Council discussion, it was determined that a 04/14/2025 City Council Agenda
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City of Yucaipa Flag Display Policy would not be prepared and no changes were made to the City's flag display practice.

In 2021, the unfortunate death of a SBCSD Sergeant and resident of Yucaipa Dominic Vaca, who was killed in the line of duty, led to the lowering of the flags to half-staff at all City facilities based on City Council's direction.

On March 17, 2025, SBCSD Deputy Hector Cuevas was killed in the line of duty in the City of Victorville. On March 24, 2025, the City Council directed staff to lower the City Hall flag to half-staff in honor of Deputy Cuevas and directed staff to agendize the City of Yucaipa Flag Display Policy for City Council discussion at a future meeting and provide direction to staff.

The City of Yucaipa displays several different flags at City Hall and other City -owned or City -operated facilities, including the United States flag, the State of California flag, the City of Yucaipa flag and the Prisoners of War/Missing in Action (POW/MIA) flag. The Police Station also displays the County of San Bernardino flag.

Staff recommends that the City Council review and discuss a City of Yucaipa Flag Display Policy and direct staff as appropriate. A Draft City of Yucaipa Flag Display Policy is attached for City Council's consideration.

FISCAL IMPACT:

None.

Attachments:

1. Draft City of Yucaipa Flag Display Policy
Approved by:
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ATTACHMENT 1
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DRAFT
Flag Display Policy
I. Purpose
This policy establishes guidelines for the proper display of the United States Flag, the California State Flag, and the Yucaipa City Flag at Yucaipa City Hall and other City -owned or City -operated facilities. It is intended to ensure a consistent and respectful approach that honors the flags' significance and symbolism in accordance with applicable federal and state laws.

II. Scope
This policy applies to all facilities owned or otherwise operated by the City of Yucaipa, including (but not limited to) City Hall, community centers, public safety buildings, and recreational facilities.

This policy may be adopted by other government agencies, civic groups, nonprofits, businesses, and individuals within the City of Yucaipa.

III. Order of Precedence
A. In accordance with federal and state statutes and regulations, the following order of precedence applies:

1. United States Flag (American Flag)
References: U.S. Flag Code, 4 U.S.C. §§ 1-10; 4 U.S.C. § 7 (Position and Manner of Display); 36 U.S.C. §§ 171-178 (Patriotic Customs and Observances)

2. California State Flag
References: California Government Code §§ 430-439 (Provisions relating to the State Flag); California Government Code § 436 (Display of State Flag subordinate to the U.S. Flag)

3. City of Yucaipa Flag
B. When flags are displayed together on separate flagpoles:

1. The American Flag shall be flown in the position of highest honor, which from the position of the observer, shall be on the far left.

2. The California State Flag shall be flown to the immediate right of the American Flag.

3. The Yucaipa City Flag shall be flown to the right of the California State Flag.

C. When flags are displayed on a single flagpole:

1. The American Flag shall be at the top,

2. The California State Flag beneath it,
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3. The Yucaipa City Flag beneath the California State Flag.

D. All displays shall conform to the relevant U.S. Flag Code provisions and California Government Code sections.

IV. Display Protocol
The following protocol is established in accordance with the U.S. Flag Code (4 U.S.C. §§ 1-10, 36 U.S.C. §§ 171-178) and California Government Code §§ 430-439:

A. Time and Occasions for Display

1. Sunrise to Sunset: Flags should generally be displayed from sunrise to sunset.

2. Nighttime Display: Flags may remain displayed at night if there is adequate illumination.

3. Holidays and Special Observances: Flags shall be displayed on federal and state holidays, as well as during local civic or ceremonial occasions designated by the Mayor.

B. Raising and Lowering the Flags

1. Order of Raising: The American Flag shall be raised first, followed by the California State Flag, and finally the City of Yucaipa Flag.

2. Order of Lowering: The City of Yucaipa Flag shall be lowered first, followed by the California State Flag, and finally the American Flag.

C. Inclement Weather: Flags should not be displayed during inclement weather that could damage them unless an all-weather flag is used. If an all-weather flag is not available or suitable, flags should be taken down during severe weather and re -displayed when conditions allow.

D. Condition of the Flags

1. Regular Inspection: All flags shall be inspected regularly for tears, fading, or other damage.

2. Retirement and Replacement: Unserviceable flags shall be retired in a dignified manner and replaced promptly. The City Manager or designee shall maintain an adequate inventory of replacement flags.

V. Half -Staff Observances
A. United States Flag

1. Federal and State Proclamations: The American Flag shall be flown at half-staff in accordance with proclamations by the President of the United States or the Governor of California.
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2. City -Authorized Observances: The Mayor may order the American Flag to be flown at half-staff to honor deceased City officials, public safety partner officials or other individuals of significance to the City of Yucaipa, consistent with this policy.

B. California State Flag and Yucaipa City Flag

1. Concurrent Lowering: When the American Flag is flown at half-staff, the California State Flag and the Yucaipa City Flag (on separate poles) shall also be lowered to half-staff.

2. Single Flagpole: If flags are on a single pole, the American Flag shall be at half-staff with other flags positioned beneath it, also at half-staff.

C. Raising/Lowering Procedure for Half -Staff

1. Raising to Half -Staff: Raise the flag to the peak momentarily, then lower it to half-staff.

2. Lowering from Half -Staff: Raise the flag to the peak again before lowering it completely.

VI. Responsibility and Compliance
A. Enforcement

1. Supervision: The City Manager or designee shall oversee compliance with this policy at all City facilities.

2. Department Directors: Directors of each City department and facility supervisors shall ensure that City employees or volunteers who handle the flags are aware of and follow this policy.

3. Periodic Training: The City shall provide periodic reminders or training materials regarding flag etiquette and these policy requirements to staff responsible for raising or lowering flags.

B. Policy Updates and Revisions

1. Amendments: The City Council retains the authority to amend this policy.

2. Recommendations: The City Manager may recommend updates to align with changes in federal or state law, or to improve clarity and operations. 04/14/2025 City Council Agenda
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DATE:

TO:

FROM:

Item No. 16

AGENDA REPORT
April 14, 2025
Honorable Mayor and City Council �--
Fermin Preciado, Director of Development Services/City Engineer Ts Benjamin J. Matlock, Deputy Director of Community Development/City Planneri#-- l`'
SUBJECT: 24-044/GPA/SPA: Rescind Freeway Corridor Specific Plan Update Subsequent Environmental Impact Report Certification
RECOMMENDATION:

That the City Council conduct a public hearing and:

1. Rescind the certification of the Subsequent Environmental Impact Report (SEIR) that was prepared for the Freeway Corridor Specific Plan (FCSP) update that has not yet been adopted; and

2. Find that the action to rescind the certification of a Subsequent Environmental Impact Report (SEIR) prepared for the unadopted FCSP update is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines (CEQA Guidelines).

BACKGROUND/DISCUSSION:

HISTORY OF THE FREEWAY CORRIDOR SPECIFIC PLAN (FCSP)
On November 24, 2008, the City Council adopted the Freeway Corridor Specific Plan (FCSP) and an Environmental Impact Report (EIR) that encompassed a 1,242-acre area along Interstate 10. This initiative aimed to establish a focal point of commercial, industrial, and residential development, consistent with the City's General Plan vision for the area as a significant economic engine for the City of Yucaipa.

However, this adoption coincided with a period of dramatically shifting economic conditions because of the Great Recession. Although the plan set forth clear objectives for economic growth and job creation within the corridor, developers and property owners faced significant market challenges in bringing projects forward. Potential tenants and investors simply were not prepared to commit to significant projects in a market with high uncertainty. Despite the FCSP's original promise, momentum for major projects within the corridor stalled almost immediately after the plan was approved.
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Since then, the City has identified the need to update the FCSP to align with both the altered post - recession economy and evolving development trends which has seen dramatic shifts in the retail consumer market. Benefiting from several grant awards, City staff began a comprehensive reexamination of the plan's land use mix, development standards, and infrastructure requirements.

The objective was to restructure the FCSP so that it could better attract investment while still meeting Yucaipa's broader economic development and community quality -of -life goals.

DEVELOPMENT OF THE FCSP UPDATE AND SUBSEQUENT ENVIRONMENTAL IMPACT REPORT Over the course of nearly three years, the City worked with consultants, stakeholders, and residents to prepare a significantly revised FCSP that took into account new market dynamics, emerging state - level planning requirements, and local feedback. Concurrently, a Subsequent Environmental Impact Report (SEIR) was prepared in accordance with the California Environmental Quality Act (CEQA) to assess the potential environmental impacts of the proposed changes to the FCSP.

On September 23, 2024, the updated FCSP and SEIR were presented to the City Council. In reviewing the SEIR, the Council determined that the environmental analysis satisfied CEQA requirements.

However, the Council requested further refinements to the FCSP itself, principally focusing on more comprehensive outreach to property owners regarding land use flexibility, overall development strategy, and long-term plan implementation. Consequently, the Council certified the SEIR but delayed formal adoption of the updated FCSP until staff could address these stakeholder concerns.

RATIONALE FOR RESCINDING THE SEIR CERTIFICATION
Shortly after the SEIR's certification, an attorney representing the group Yucaipa Preservation Society filed a lawsuit alleging that the environmental analysis violated CEQA. Because the updated FCSP had not yet been adopted —meaning there were no active development entitlements or clear beneficiaries of the plan —the City was left without a dedicated project applicant to share the costs of defending the SEIR. Under these circumstances, the City would have to shoulder all litigation expenses for defending the environmental analysis for a plan that had not been adopted.

Rescinding the certification of the SEIR effectively halts the litigation at this stage by removing the basis for the lawsuit's challenge. It is important to note that this action does not signal an abandonment of the FCSP update; rather, it is an interim measure to avoid unnecessary legal costs while the plan is refined. This action does not prevent the City Council from, in the future, certifying the SEIR, or an updated version of it, once the FCSP is brought back for consideration and adoption consistent with previous City Council direction.

NEXT STEPS AND FUTURE CONSIDERATIONS
Staff has incorporated the known feasible concerns/requests from property owners within the FCSP and conducted public outreach at a community festival and through a survey to help focus revisions that could best shape a corridor that accommodates projected economic and community needs. As additional feedback is provided, the process may result in further revisions to proposed land uses, transportation considerations, and infrastructure improvements to ensure that future projects are both market -feasible and compatible with surrounding neighborhoods. 04/14/2025 City Council Agenda
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When these discussions are concluded and the FCSP has been refined accordingly, the plan will be returned to the City Council for reconsideration. At that juncture, the SEIR (or a refined version) will once again be presented for certification in tandem with the updated plan. This approach ensures that the environmental documentation corresponds accurately to any proposed changes in land use or development strategy, thereby providing both a clear legal foundation for future growth and a transparent public process.

ENVIRONMENTAL REVIEW
Because rescinding the certification of an unutilized SEIR does not authorize or result in any physical changes to the environment, this action falls under Section 15061(b)(3) of the CEQA Guidelines, commonly known as the "common sense exemption." There is no possibility that rescinding a previously certified document would result in a significant environmental effect. Consequently, no further environmental review is required for the rescission action, and the City may proceed without additional CEQA documentation at this time.

By following this course, the City of Yucaipa remains committed to a well -coordinated approach that balances legal prudence, fiscal responsibility, and responsive planning. The City continues to prioritize the corridor's role in fostering economic vitality and community well-being, ensuring that the final plan will be fully reflective of current conditions, stakeholder input, and sound environmental stewardship.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Approved by:
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