Agenda packet — Yucaipa City Council, May 12, 2025 (part 2 of 2)

July 23, 2015
05/12/2025 City Council Agenda 212

Local Assistance Procedures Manual Exhibit 10-01
Consultant Proposal DRE Commitment
INSTRliCTIONS — CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).

5. Consultant's Name - Enter the consultant's firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

8. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened.

9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant's name and phone number, if the prime is a DBE.

10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (C,FE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

12. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name.

13. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.

14. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form.

15. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.

16. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form.

LOCAL AGENCY SECTION

17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

18. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 19, Proposed Contract Execution Date - Enter the proposed contract execution date.

20. Consultant's Ranking after Evaluation — Enter consultant's ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant.

21. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

23. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form.

24. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.

25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form.

I.PP l"I Page 2 of 2
January 2019
05/12/2025 City Council Agenda 213

CITY OF
ti
9�

AGENDA REPORT
DATE: May 12, 2025
Item No. 13
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Scott Washburn, Deputy Director of Public Works
SUBJECT: Purchase of 2024 Chevrolet Silverado 3500 Dump Bed RECOMMENDATION:

That the City Council approve and authorize the Interim City Manager to execute a purchase contract for the acquisition of one (1) new 2024 Chevrolet Silverado 3500 4WD Dump Bed Truck.

BACKGROUND/DISCUSSION:

Staff has prepared the annual vehicle replacement schedule (attached) which includes the recommended replacement of equipment for (FY25). The annual vehicle replacement schedule includes a recommendation to purchase one (1) new vehicle to add to the City's fleet. The truck containing a dump bed currently being used by the Public Works Department is more than 25 years old and has exceeded its useful life. By replacing this truck, it allows staff to be more efficient with less downtime for repairs and maintenance. This type of truck will allow staff to haul and distribute material throughout the city.

While having enough room for more staff, therefore eliminating the need for an additional vehicle.

The FY25 Budget planned for a replacement truck in the amount of $88,000. In February 2025, staff requested quotes for the proposed truck from three (3) vendors within a 500-mile radius and received three (3) responses. The quotes received for the proposed new truck that match the criteria that staff has requested are as follows.
2024 Chevrolet Silverado 3500 Dump Bed
Vendor
Amount w/ tax and fees
Lamb Chevrolet
$85,665
Platinum Chevrolet
$88,973
Michael Hohl
$92,987
Staff is recommending that the City Council approve the purchase of one new 2024 Chevrolet Silverado 3500 Dump Bed for use by the Public Works Department. If the vehicle is no longer available, staff is requesting authorization to procure a similar truck not to exceed the budgeted amount of $88,000. 05/12/2025 City Council Agenda 214

FISCAL IMPACT:

The recommendation authorizes a planned procurement in an amount less than budgeted.

Attachment(s):

1. Vehicle Quotes
Approved b
05/12/2025 City Council Agenda 215

ATTACHMENT 1
05/12/2025 City Council Agenda 216

Platinum Chevrolet
1235 Santa Rosa Avenue, Santa Rosa, CA 95405
Phone: (707) 383-4110
1OPL14771-MM i1

CHEVROLET
2025 Chevrolet Silverado 3500 Crew Cab 4WD Dump TruckStock #CF15271 Pricing Details
List Price $65,083
Body Costs + $22,731
Dealer Discount - $6,000
Price $81, 814
While great effort is made to ensure the accuracy of the information on this site. errors do occur so if you have any questions or concerns. please contact our commercial fleet sales manager at 707-324-2058 directly to verify this information or by visiting us at the dealership 3001 Corby Avenue. Santa Rosa. CA 95407.

Chassis Details
Stock Number
CF15271
Interior Color
Jet Black, Cloth seat trim
Stock Type
New
Seating Capacity
6 Year
2025
Exterior Color
Summit White
Description
Make
Chevrolet
Engine Cylinder
8 Model
Silverado 3500
Count
Class
3 Engine, Duramax 6.61- Turbo-
GVWR
14,000
Engine
Diesel V8
Drivetrain
4WD
Transmission Type
Automatic
Cab Type
Crew
Fuel Type
Diesel
Vehicle Trim
Work Truck
Engine Model
1-5P
Vehicle VIN
1 GB4KSEY4SF126520
Engine Size (L)

6.6 Horsepower
470
Brake Type
Hydraulic
Body Details
05/12/2025 City Council Agenda 217
Paae 1 of 3

Body Type Dump Truck
Vehicle Notes
Vehicle Details: Introducing the 2025 Chevrolet Silverado 3500 Work Truck, the ultimate partner in productivity and performance. This powerhouse of a truck is engineered to tackle the toughest tasks with ease, thanks to its robust V8, 6.6L engine. Whether you're hauling heavy loads or navigating challenging terrain, the Silverado 3500 with 4WD delivers exceptional capability and control, making it an indispensable asset for any job site. Step inside and experience a cabin designed with the modern worker in mind. The Silverado is equipped with a state- of-the-art Back -Up Camera, ensuring precision and safety when reversing, even in the most crowded environments. Stay connected and hands -free with the advanced Bluetooth technology, allowing you to manage calls and music effortlessly, ensuring that your focus remains on the road ahead. Built on a legacy of durability and reliability, the 2025 Silverado 3500 combines rugged construction with cutting -edge technology. Its imposing exterior commands attention, while its thoughtfully designed interior provides comfort and convenience throughout your workday. Whether you're towing heavy equipment or transporting materials, this truck is built to exceed expectations and redefine what it means to be a work truck. Experience the unparalleled power, versatility, and innovation of the 2025 Chevrolet Silverado 3500 Work Truck, where every journey is a testament to capability and confidence. Equipment: This vehicle features a hands -free Bluetooth phone system. Protect this 1 ton pickup from unwanted accidents with a cutting edge backup camera system. This 2025 Chevrolet Silverado 3500 shines with clean polished lines coated with an elegant white finish. Keep safely connected while in the vehicle with OnStar. You may enjoy services like Automatic Crash Response, Navigation, Roadside Assistance and Hands -Free Calling. Greater towing safety becomes standard with the installed trailer brake. When you encounter slick or muddy roads, you can engage the four wheel drive on this unit and drive with confidence. This 2025 Chevrolet Silverado 3500 has a V8, 6.6L high output engine. Maintaining a stable interior temperature in the vehicle is easy with the climate control system. Anti -lock brakes are standard on this unit. With a diesel engine you will be pleased with the power, torque, and fuel efficiency gains. The Electronic Stability Control will keep you on your intended path. Packages: WT Convenience Package: Deep -Tinted Glass; Power Adjustable Outside Mirrors; Electric Rear -Window Defogger. Preferred Equipment Group 1 WT: 2-Speed Electronic Shift Transfer Case; Manual Tilt Inside Rearview Mirror; Rear 60/40 Folding Bench Seat (folds Up); Bluetooth For Phone; Black Front Bumper; Solar Absorbing Tinted Glass; Front Grille Bar with Black Mesh Inserts; 170 Amp Alternator; Steering Wheel Mounted Electronic Cruise Control; Power Rear Windows with Express Down; Manual Tilt -Wheel Steering Column; High -Visibility Molded in Black Outside Mirrors; Compass Located in Instrument Cluster; 3.5" Diagonal Monochromatic Display DIC; Rubberized -Vinyl Floor Covering; Black Mirror Caps. Electric Rear -Window Defogger. Deep -Tinted Glass. Wide -Track Rear Axle. 120-Volt (400 Watts) Interior Power Outlet. Upfitter Switch Kit (5). Skid Plates. Front Chrome Bumper. SEO: Rear Camera Kit. **Equipment listed is based on original vehicle build and subject to change. Please confirm the accuracy of the included equipment by calling the dea
05/12/2025 City Council Agenda 218
Paqe 2 of 3

Photos
05/12/2025 City Council Agenda 219

Page 3 of 3 ends

s
2/26/25, 4:31 PM
Lamb Chevrolet Cadillac - Printable Form
' - ' ;+

EHEVROL-ET
#1 BUYERS NAME City Of Yucaipa

FIRST MIDDLE
Lamb Chevrolet Cadillac
400 Prescott Lakes Pkwy
Prescott, AZ 86301
STOCK NO. C284441
LAST
#2 BUYERS NAME DATE 02/26/2025

FIRST MIDDLE LAST
NEW XX
YEAR 2024
ICYL 8 IMAKE Chevrolet
MODEL Silverado 35(
BODY TYPE 4WD Light
ICOLOR Summit Whi-
LIC. NO TAB NO.

EXP.

WHICH STATE
SERIAL
11 G I B 14 1 YJ S I E I Y 1 71 RI F 121814 1414 11 1449

MILEAGE

TO BE DELIVERED ON OR ABOUT

CUSTOMER INCENTIVE AND/OR ASSIGNMENT
I assign the total amount of customer incentive(s) to the dealer named above and request that the available customer incentive(s) be applied a) to the down payment of this vehicle, or
b) where permissible by law, as a price reduction (Bill of Sale indicates pre -rebate and final price with rebate applied) Customer Initials Date / /
REBATE
I understand that I am entitled to customer incentives(s). I do not want to use it as part of the down payment. I request that a check be issued in my name by Dealer named above.

Customer Initials Date
I understand that I am entitled to another option in lieu of Customer Incentive Program(s), e.g., division supported financing/leasing, special pricing, no charge option, etc.) I understand that by taking I am not entitled to the alternative rebate that is part of this program.

Customer Initials Date
$80,998.00
$2,300.00>

ADDITIONAL DEALER PREP AND HANDLING
TOTAL
$78,698.00

SALES TAX

TIRE TAX
$5.00

NEW PLATE CHARGES LESS CREDIT LICENSE LIEU TAX

DOCUMENT SERVICE FEE
$75.00
(1) TOTAL CASH DELIVERED PRICE
$78,778.00
TRADE IN ALLOWANCE LESS BALANCE OWED = EQUITY

CASH INVESTMENT SUBMITTED WITH ORDER

DESCRIPTION OF TRADE IN
YEAR
CYL I
MAKE
MODEL

BODY TYPE
COLOR
LIC. NO.

TAB NO.

EXP.

WHICH STATE
SERIAL

MILEAGE
YEAR
0 CYL
MAKE
MODEL

BODY TYPE
COLOR
LIC. NO.

TAB NO.

EXP.

WHICH STATE
TOTAL DN. PAYMT.

SERIAL

MILEAGE
AMT. TO FINANCE
$78,778.00
Purchaser agrees that this Order includes all of the terms and conditions on both the face and reverse side hereof.

KENNY PERKINS

SIGNED PURCHASER

SIGNED PURCHASER
APPROVED ADDRESS 34272 Yucaipa Blvd
THIS ORDER IS NOT VALID UNLESS SIGNED AND ACCEPTED BY DEALER YUCAIPA, CA 92399 PHONE (RES) (BUS) (909) 649-5981
EMAIL
4069: EntId: 148868 / EvtId: 460869 Generated by DealerSocket® 2/26/2025 4:30:37 PM 05/12/2025 City Council Agenda 220
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2/26/25, 4:31 PM
Lamb Chevrolet Cadillac - Printable Form

ADDITIONAL TERMS AND CONDITIONS

1. As used in (his Order the terms (1) "Seller" shall mean the authorized Dealer to whom this Order is addressed and who shall become a party hereto by its acceptance hereof (b) "Purchaser" shall mean the party executing this Order as such on the face hereof and (c) "Manufacturer' shall mean the Corporation that manufactured the vehicle or chassis, it being understood by Purchaser and Seller that the Seller is in no respect the agent of Manufacturer, that Seller and Purchaser are the sole parties to this Order and that reference to Manufacturer herein is for the purpose of explaining generally certain contractual relationships existing between Seller and Manufacturer with respect to new or used motor vehicles.

2. Manufacturer has reserved the right to change the price to Seller of new motor vehicles without notice. In the event the price to Seller of new motor vehicles of the series and body type ordered hereunder is changed by Manufacturer prior to delivery of the new motor vehicle ordered hereunder to Purchaser. Seller reserves the right to change the cash delivered price of such motor vehicle to Purchaser accordingly. If such cash delivered price is increased by Seller. Purchaser may if dissatisfied therewith, cancel this Order, in which event if a used motor vehicle has been traded in as a part of the consideration for such new motor vehicle such used motor vehicle shall be returned to Purchaser upon payment of a reasonable charge for storage and repairs (if any) or, if such used motor vehicle has been previously sold by Seller, the amount received therefor, less a selling commission of 15% and any expense incurred in storing, insuring, reconditioning or advertising said used motor vehicle for sale, shall be returned to Purchaser.

3. Manufacturer has reserved rights to change the design of any new motor vehicle, chassis, accessories or parts thereof at any time without notice and without obligation to make the same or any similar change upon any motor vehicle, chassis, accessories or parts thereof previously purchased by or shipped to Seller or being manufactured or sold in accordance with Sellers orders and to refuse to build any ordered vehicle. Correspondingly, in the event of any such change by Manufacturer, Seller shall have no obligation to Purchaser to deliver the ordered vehicle or make the same or any similar change in any motor vehicle, chassis, accessories or parts thereof covered by this Order either before or subsequent to delivery thereof to Purchaser.

4. If the used motor vehicle which has been traded in as a part of the consideration for the motor vehicle ordered hereunder is not to be delivered to Seller until delivery to Purchaser of such motor vehicle, the used motor vehicle shall be reappraised at that time and such reappraised value shall determine the allowance made for such used motor vehicle, if such reappraised value is lower than the original allowance therefor shown on the front of this Order, Purchaser may if dissatisfied therewith, cancel this Order, provided, however, that such right to cancel is exercised prior to the delivery of the motor vehicle ordered hereunder to the Purchaser and surrender of the used motor vehicle to Seller.

5. Purchaser agrees to deliver to Seller satisfactory evidence of title to any used motor vehicle traded in as a part of the consideration for the motor vehicle ordered hereunder at the time of delivery of such motor vehicle to Seller. Purchaser warrants any such used motor vehicle to be his property free- and clear of all liens and encumbrances except as otherMse noted on the face hereof Purchaser represents to Seller that the title certificate to the trade-in vehicle is not a "salvage title certificate" issued by any authority and that the trade-in vehicle has not been reconstructed or repaired by reason of collision or other damage. If the title certificate reflects any of the above conditions, the vehicle shall then be reappraised, and Purchaser agrees to pay the difference in value, if any to Seller on demand, or Seller my cancel the entire transaction without liability of any nature to Purchaser. Purchaser agrees that the amount due on delivery may be adjusted, and that Purchaser shall pay to Seller on demand any additional monies due, if the balance owing to pay off a lien or encumbrance is different than the amount shown on the front of this agreement.

6. Unless this Order shall have been canceled by Purchaser under and in accordance with the provisions hereof Seller shall have the right upon failure or refusal of Purchaser to accept delivery of the motor vehicle ordered hereunder and to comply with the terms of this Order, to retain as liquidate damages any cash deposit made by Purchaser, and, in the event a used motor vehicle has been traded in as a part of the consideration for the motor vehicle ordered hereunder, to sell such used motor vehicle and reimburse himself out of the proceeds of such dale for the expenses specified in paragraph 2 above and for such other expenses and losses as Seller may incur or suffer as a result of such failure of refusal by Purchaser.

7. Seller shall not be liable for failure to deliver or delay in delivering the motor vehicle covered by this Order where such failure or delay is due in whole or in part to any cause beyond the control or without the fault or negligence of Seller.

8. The Purchaser, before or at the time of delivery of the motor vehicle covered by this Order will execute such other forms of agreements or documents as may be required by the terms and conditions of payment indicated on the front of this Order.

9. NOTICE: WHERE THE SELLER ARRANGES FINANCING, the Seller may receive a portion of the "finance charge" from the Lender. This Order is not binding until accepted by Seller of his authorized representative and if at time of sale: (1) Purchasers credit has been approved by a financing institution and it agrees to purchase a retail installment contract cased on this Order, (2) appropriate finance charge disclosures are made, and (3) a security agreement executed until a time sale order becomes binding Purchaser may cancel it and recover any deposit made.

10. Purchaser acknowledges that any credit purchase is subject to credit approval of a financing institution and acceptance of the retail installment contract by the —'financing institution.

If rejected, the vehicle must be returned to Seller ON DEMAND.

11. This order cancels and supersedes any prior agreement and as of the date hereof complete and exclusive statement of the terms of the agreement relating to the subject matters covered hereby. There are no understandings, agreements or representations, expressed or implied, not specified herein respecting the property ordered.

12. The information you see on the window form (buyers guide) for this vehicle is part of this contract. Information on the window form overrides any contrary provisions in the contract sale.

13. EXCEPT FOR SPECIFICALLY ALLOWABLE LOSSES RESULTING FROM A BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY IF APPLICABLE. PURCHASER

SHALL NOT BE ENTITLED TO RECOVER FROM SELLER ANY CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS, OR INCOME, OR ANY OTHER INCIDENTAL DAMAGES.

14. ARBITRATION CLAUSE. Upon the demand of either party, any action, dispute, claim or controversy of any kind arising out of pertaining to or in connection with this Agreement (including without limitation issues regarding the enforceability of this arbitration provision and issues arising from the application, processing, closing or collection of Buyers account, and including any disputes regarding information Seller obtains from or reports to others, or any disputes related to insurance or other products or services purchased, requested or obtained in connection with th is Agreement) shall be resolved by binding arbitration under the rules of either the National Arbitration Forum or the American Arbitration Association. Seller agrees to waive any right Seller may have to arbitrate a dispute that Buyer asserts as an individual (as opposed to a class) action in a "small claims" or other court of limited jurisdiction in an amount of $5,000 or less. In the event that such a claim is later amended to seek class relief is removed to another court or a larger amount is sought, Seller may then withdraw its waiver and require arbitration. Buyer may select the arbitration forum, but if Buyer does not make a timely selection, Seller may choose one. Any arbitration shall be conducted within the federal judicial district in which Buyer lives or at another location mutually acceptable to the parties. The arbitrators award shall be final and binding on all parties, except that in the event the arbitrators award for a party is $0 or more than $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration under the rules of the arbitration organization. Judgment upon an arbitration award may be entered in any court having jurisdiction. A demand for arbitration may be made either before or after legal proceedings are instituted. However, any demand made following the initiation of a legal proceeding must be made within 90 days following the service of a complaint, third party complaint, cross -claim or counterclaim or any answer thereto or any amendment to any of the above. This agreement to arbitrate controversies and claims includes disputes between Buyer and Sellers agents, contractors, employees, officers or assignees. No class action arbitration may be ordered pursuant to this arbitration provision, and there shall be no joinder of parties, except for joinder of the parties to this Agreement (this is called "the Class Waiver," below). Unless otherwise required by applicable law, the party asserting a dispute, whether by demanding arbitration or by court action, shall pay the arbitration organization's filing fee or any other initial filing fee. Unless otherwise required by applicable law, the parties agree to share equally all other costs and fees associated with any arbitration under this arbitration provision and imposed by the arbitration organization. Notwithstanding any other provision of this arbitration provision, Seller will advance or pay any amount of fees or costs imposed by the arbitration organization that a court or the arbitrator decides Seller must advance or pay to assure that this arbitration provision is enforceable. The arbitrator shall have the authority to award fees, costs, injunctive or equitable relief in accordance with this arbitration provision and applicable law. The parties acknowledge and agree that notwithstanding any otherwise applicable choice of law provision, the Federal Arbitration Act shall govern any arbitration under this Arbitration Agreement. This arbitration provision shall survive the termination of this Agreement and shall apply to any retail installment sales contract and other documents signed in connection with this Agreement. If any part of this arbitration provision other than the Class Waiver is found or deemed to be unenforceable, the remainder wile remain enforceable. If the Class Waiver is found or deemed to be unenforceable, the remainder of this arbitration provision will be unenforceable. Buyer may opt out of this arbitration provision by sending a written notice of Buyers election to do so by first class U.S. Mail to: Lamb Nissan, attention: General Manager, at the address in this Agreement within 10 days of the date Buyer signs this Agreement.

BUYER CO -BUYER
4069: EntId: 148868 / EvtId: 460869 Generated by DealerSocket® 2/26/2025 4:30:37 PM 05/12/2025 City Council Agenda 221
https://my. dealersocket. com/CRM/PrintOut/Pri ntAnd Save. aspx?u rl=/CRM/Sockets/Site4O69/Forms/../../Standard/Pu rchaseOrder/po436_P u rchaseOrd... 2/2

MICHAEL HOHL MOTORS
TERRY ROUDA 1 806-474-6654 1 [email protected]

CITY OF YUCAIPA
Prepared For: SCOTT WASHBURN
909-649-5981
[email protected]
Vehicle: [Retail] 2025 Chevrolet Silverado 350OHD CC (CK31043) 4WD Crew Cab 177" WB, 60" CA Work Truck
Image Not � vaitable
05/12/2025 City Council Agenda 222

MICHAEL HOHL MOTORS
TERRY ROUDA 1 806-474-6654 1 [email protected] Vehicle: [Retail] 2025 Chevrolet Silverado 350OHD CC (CK31043) 4WD Crew Cab 177" WB, 60" CA Work Truck ( .-Complete)
Quote Worksheet
MSRP
Base Price $52,200.00
Dest Charge $1,995.00
Total Options $36,883.00
Subtotal $91,078.00

CA BID ASSIST
($2,700.00)
Subtotal Pre -Tax Adjustments
($2,700.00)
Less Customer Discount
($2,873.36)
Subtotal Discount
($2,873.36)
Trade -In
$0.00
Subtotal Trade -In
$0.00
Taxable Price
$85,504.64
Sales Tax
$0.00
Subtotal Taxes
$0.00
Subtotal Post -Tax Adjustments
$0.00
Total Sales Price
$85,504.64
Comments
SCOTT- HERE IS YOUR QUOTE FOR THE CITY FOR THE DUMP TRUCK YOU REQUESTED. I HAVE NOT INCLUDED TAX, BUT IF YOU ARE REQUIRED TO PAY IT, LET ME KNOW AND I'LL ADD IT IN. ALSO, THIS QUOTE DOES INCLUDE TRANSPORTATION TO YOUR OFFICE.

YOUR PRICE IS AT THE BOTTOM OF PAGE 2, ALL OTHER FIGURES ARE FOR REFERENCE ONLY.

THANKS
TERRY
Dealer Signature / Date
Customer Signature / Date
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided.

Data Version: 25000. Data Updated: Mar 19, 2025 6:45:00 PM PDT. 05/12/2025 City Council Agenda
Mar 20, 2025 223 Page 2

MICHAEL HOHL MOTORS
TERRY ROUDA 1 806-474-6654 1 [email protected] Vehicle: [Retail] 2025 Chevrolet Silverado 350OHD CC (CK31043) 4WD Crew Cab 177" WB, 60" CA Work Truck ( . Complete)
Selected Model and Options
MODEL

CODE MODEL MSRP
CK31043 2025 Chevrolet Silverado 350OHD CC 4WD Crew Cab 177" WB, 60" CA Work Truck $52,200.00 COLORS

CODE DESCRIPTION
GAZ Summit White

EMISSIONS

CODE DESCRIPTION MSRP
YF5 Emissions, California state requirements $0.00
ENGINE

CODE DESCRIPTION MSRP
L5P Engine, Duramax 6.6L Turbo -Diesel V8 $9,990.00

TRANSMISSION

CODE DESCRIPTION MSRP
MGM Transmission, Allison 10-speed automatic Inc.

AXLE

CODE DESCRIPTION MSRP
GU6 Rear axle, 3.42 ratio Inc.

PREFERRED EQUIPMENT GROUP

CODE DESCRIPTION MSRP
1 WT Work Truck Preferred Equipment Group $0.00
WHEELS

CODE DESCRIPTION MSRP
PYW Wheels, 17" (43.2 cm) painted steel $0.00
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 25000. Data Updated: Mar 19, 2025 6:45:00 PM PDT.

Mar 20, 2025 05/12/2025 City Council Agenda 224 Page 3

MICHAEL HOHL MOTORS
TERRY ROUDA 1 806-474-6654 1 [email protected] Vehicle: [Retail] 2025 Chevrolet Silverado 350OHD CC (CK31043) 4WD Crew Cab 177" WB, 60" CA Work Truck ( .,,Complete)
TIRES

CODE DESCRIPTION MSRP
QZT Tires, LT235/80R17E all -terrain, blackwall $0.00

SPARE TIRE

CODE DESCRIPTION MSRP
9L3 Spare tire delete $0.00
PAINT

CODE DESCRIPTION MSRP
GAZ Summit White $0.00

SEAT TYPE

CODE DESCRIPTION MSRP
AZ3 Seats, front 40/20/40 split -bench $0.00

SEAT TRIM

CODE DESCRIPTION MSRP
HIT Jet Black, Cloth seat trim $0.00
RADIO

CODE DESCRIPTION MSRP
IOR Audio system, Chevrolet Infotainment 3 system, 7" diagonal HD color touchscreen, AM/FM stereo $0.00

ADDITIONAL EQUIPMENT - PACKAGE

CODE DESCRIPTION MSRP
PCV WT Convenience Package $635.00
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 25000. Data Updated: Mar 19, 2025 6:45:00 PM PDT.

Mar 20, 2025 05/12/2025 City Council Agenda 225 Page 4

MICHAEL HOHL MOTORS
TERRY ROUDA 1 806-474-6654 1 [email protected] Vehicle: [Retail] 2025 Chevrolet Silverado 350OHD CC (CK31043) 4WD Crew Cab 177" WB, 60" CA Work Truck (;/ Complete )

ADDITIONAL EQUIPMENT - MECHANICAL
CODE

DESCRIPTION
MSRP
Battery, heavy-duty dual 730 cold -cranking amps/70 Amp-hr, maintenance -free Inc.

GTY
Rear axle, wide -track
$190.00
K05
Engine block heater
Inc.

K40
Exhaust brake
Inc.

KW5
Alternator, 220 amps
Inc.

N2L
Fuel tank, rear only, 40 gallon
($50.00)
NZZ
Skid Plates
$150.00

ADDITIONAL EQUIPMENT - EXTERIOR
CODE

DESCRIPTION
MSRP
AKO
Glass, deep -tinted
Inc.

BHP
Winter Grille Cover
Inc.

DBG
Mirrors, outside power -adjustable vertical trailering
Inc.

V46
Bumper, front chrome
$100.00
VK3
License plate kit, front
$0.00

ADDITIONAL EQUIPMENT - INTERIOR

CODE DESCRIPTION
MSRP
91_7 Upfitter switch kit, (5)
$150.00
C49 Defogger, rear -window electric
Inc.

K14 Power outlet, interior, 120-volt (400 watts)
$150.00
UBI USB Ports, rear, dual, charge -only
$0.00

ADDITIONAL EQUIPMENT - SAFETY -INTERIOR

CODE DESCRIPTION
MSRP
5N5 Rear Camera Kit.
$73.00

CUSTOM EQUIPMENT

CODE DESCRIPTION
MSRP
DU94 3-4 YARD RUGBY DUMP WITH TARP HITCH AND CAMERA
$25,495.00
Options Total
$36,883.00
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 25000. Data Updated: Mar 19, 2025 6:45:00 PM PDT.

Mar 20, 2025 05/12/2025 City Council Agenda 226 Page 5

MICHAEL HOHL MOTORS
TERRY ROUDA 1 806-474-6654 1 [email protected] Vehicle: [Retail] 2025 Chevrolet Silverado 350OHD CC (CK31043) 4WD Crew Cab 177" WB, 60" CA Work Truck ( /complete)
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 25000. Data Updated: Mar 19, 2025 6:45:00 PM PDT.

Mar 20, 2025 05/12/2025 City Council Agenda 227 Page 6

MICHAEL HOHL MOTORS
TERRY ROUDA 1 806-474-6654 1 [email protected] Vehicle: [Retail] 2025 Chevrolet Silverado 350OHD CC (CK31043) 4WD Crew Cab 177" WB, 60" CA Work Truck (,-complete)
Window Sticker

SUMMARY
[Retail] 2025 Chevrolet Silverado 350OHD CC (CK31043) 4WD Crew Cab 177" WB, 60" CA Work MSRP:$52,200.00
Truck
Interior:Jet Black, Cloth seat trim
Exterior 1:Summit White
Exterior 2:No color has been selected.

Engine, Duramax 6.6L Turbo -Diesel V8
Transmission, Allison 10-speed automatic

OPTIONS

CODE MODEL
MSRP
CK31043 [Retail] 2025 Chevrolet Silverado 350OHD CC (CK31043) 4WD Crew $52,200.00
Cab 177" WB, 60" CA Work Truck

OPTIONS
1 WT Work Truck Preferred Equipment Group
$0.00
51\15 Rear Camera Kit.
$73.00
91_3 Spare tire delete
$0.00
91_7 Upfitter switch kit, (5)
$150.00
AKO Glass, deep -tinted
Inc.

AZ3 Seats, front 40/20/40 split -bench
$0.00
BHP Winter Grille Cover
Inc.

C49 Defogger, rear -window electric
Inc.

DBG Mirrors, outside power -adjustable vertical trailering Inc.

GAZ Summit White
$0.00
GTY Rear axle, wide -track
$190.00
GU6 Rear axle, 3.42 ratio
Inc.

H1T Jet Black, Cloth seat trim
$0.00
]OR Audio system, Chevrolet Infotainment 3 system, 7" diagonal HD color $0.00
touchscreen, AM/FM stereo
K05 Engine block heater
Inc.

K40 Exhaust brake
Inc.

K14 Power outlet, interior, 120-volt (400 watts)
$150.00
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations.

Content based on report preparer's
input is subject to the accuracy of the input provided.

Data Version: 25000. Data Updated: Mar 19, 2025 6:45:00 PM PDT. 05/12/2025 City Council Agenda
Mar 20, 2025
228 Page 7

L5P
Engine, Duramax 6.6L Turbo -Diesel V8
$9,990.00
MGM
Transmission, Allison 10-speed automatic Inc.

N2L
Fuel tank, rear only, 40 gallon
($50.00)
NZZ
Skid Plates
$150.00
PCV
WT Convenience Package
$635.00
PYW
Wheels, 17" (43.2 cm) painted steel
$0.00
QZT
Tires, LT235/80R17E all -terrain, blackwall
$0.00
UBI
USB Ports, rear, dual, charge -only
$0.00
V46
Bumper, front chrome
$100.00
VK3
License plate kit, front
$0.00
YF5
Emissions, California state requirements
$0.00
Battery, heavy-duty dual 730 cold -cranking amps/70 Amp-hr, Inc. maintenance -free

CUSTOM EQUIPMENT
DU94
3-4 YARD RUGBY DUMP WITH TARP HITCH AND CAMERA
$25,495.00
SUBTOTAL $89,083.00
Adjustments Total $0.00
Destination Charge $1,995.00
TOTAL PRICE $91,078.00

FUEL ECONOMY
Est City:N/A
Est Highway:N/A
Est Highway Cruising Range:N/A
This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 25000. Data Updated: Mar 19, 2025 6:45:00 PM PDT. 05/12/2025 City Council Agenda
Mar 20, 2025 229 Page 8

CITY or
Item No. 14

AGENDA REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
FROM: Grant Malinowski, Fire Chief 9)9
SUBJECT: Purchase Order for Extrication Equipment
RECOMMENDATION:

That the City Council receive notification that a purchase order for Fire Etc. in the amount of $34,164 for the purchase of emergency extrication tools was executed.

BACKGROUND/DISCUSSION:

The current extrication tools on Medic Engine 552 have experienced a critical failure and are no longer usable nor reparable for emergency response operations. Recognizing the critical need for functional and dependable equipment to ensure the safety of both first responders and the public, Yucaipa Fire Department (YFD) identified the immediate replacement of these tools as essential. On February 24, 2025, the City Council approved a budget adjustment of $34,000 to address tool replacement. Fire Etc. is the sole source vendor within Southern California authorized to distribute TNT Rescue tools, which are the specific tools required by YFD to maintain operational consistency and firefighter familiarity.

The purchase included:
-Milwaukee M18 VOLT SLC-30 C-Cutter
-Milwaukee M18 Volt 40-inch Ram
-Milwaukee M18 Volt 32-inch Spreader
The total cost for these items, as quoted by Fire Etc., is $34,164, which exceeds the $30,000 threshold described in the Purchasing Policy and Procedures. The Interim City Manager authorized an emergency purchase for the procurement of this equipment on April 30th, 2025. This report serves to notify the City Council of this action.
05/12/2025 City Council Agenda 230

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Attachment(s):

1. Fire Etc. Quote
Approved by: -c cJ�
05/12/2025 City Council Agenda 231

ATTACHMENT
05/12/2025 City Council Agenda 232

Estimate

ADDRESS
Yucaipa Fire Department
34259 WildWood Canyon Rd
Yucaipa, CA 92399 United
States

SALES ASSOCIATE
Tom
F1Hffo4AffYC
£QUIPPING THE COURAGEOUS
SINCE l919
2190 Main St • San Diego, CA 92113-2218
(619) 525-7286 • Fax (619) 525-7288
[email protected] • www.fire-etc.com
AFECO, INC dba FIRE ETC

SHIP TO
Yucaipa Fire Department
34259 WildWood Canyon Rd
Yucaipa, CA 92399 United
States
ESTIMATE # 5530
DATE 01/23/2025

QTY SKU

DESCRIPTION
PRICE
AMOUNT
1 65647
Milwaukee M18 Volt SLC-30 C-Cutter
11,485.00
11,485.00T
1 65661
Milwaukee M18 Volt 40 Inch Ram
7,635.00
7,635.00T
1 65641
Milwaukee M18 Volt 32 Inch Spreader
12,295.00
12,295.00T
This is an estimate only. Prices valid until expiration date. Custom orders are SUBTOTAL non-refundable, and a 20% restocking fee will apply to the return of non- TAX custom items. By approving this estimate, you agree to these terms. TOTAL DISCLAIMER OF WARRANTIES: New equipment, standard manufacturer warranties apply. USED equipment sold AS IS. There are no warranties of any kind, expressed or implied. Buyer has inspected the equipment/goods and assumes all risk in use or handling (whether in accordance with directions or not).

Accepted By Accepted Date
................ ....... ...-----
31,415.00
2,748.81
$349163.81
Thank you! We appreciate your business.
05/12/2025 City Council AgendaWe are proud to be a Certified Small Business Veteran owned and operated. 233

CITY O!:

Item No

AGENDA REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
FROM: Trevor Benson, Public Safety Manager
SUBJECT: FY26 Sheriff's Schedule -A Contract
RECOMMENDATION:

Wi
That the City Council authorize the Mayor Pro Tern to execute an amendment to the Law Enforcement Services Contract between the City of Yucaipa and the San Bernardino County Sheriff's Department, for a total annual service contract in an amount not -to -exceed $13,870,394 less the annual personnel credit in the amount of $649,851, for a total net contract amount of not -to -exceed $13,220,543 for FY 2025-26.

BACKGROUND/DISCUSSION:

Since its incorporation, the City has always contracted for police services with the San Bernardino County Sheriff's Department (SBCSD). The SBCSD is an amazing agency, with dedicated members that have a mission and vision, which is in line with our community.

The SBCSD has completed their annual review of the Law Enforcement Services Contract (Contract) extension for the FY26 (Attachment #1). The Contract is reviewed annually to incorporate any cost -of -living adjustments that may be negotiated for SBCSD, both sworn and non -sworn. In addition, the Contract may be amended to reflect changes in non -negotiated items, such as liability bonding, workers compensation, vehicle and facility costs, services and supplies, and other administrative costs.

Currently, the Yucaipa Police Department has a deputy to 1,000 population ratio of 0.50, which is at the recommended ratio pursuant to the 2021 Yucaipa Police Department Staffing Study and Strategic Plan.
05/12/2025 City Council Agenda 234

FISCAL IMPACT:

The recommendation results in a FY26 cost to the City of $13,220,543, which is included in the projected Public Safety Fund's FY26 Budget.

Attachment(s):

San Bernardino County Law Enforcement Contracts "Schedule A" FY26 Approved by:
05/12/2025 City Council Agenda 235

ATTACHMENT 1
05/12/2025 City Council Agenda 236

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

SAN BERNAIMINO
COUNTY
Contract Number
94-526 A-41
SAP Number
N/A
Sheriff/Coroner/Public Administrator
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:

Carolina Mendoza, Chief Deputy
Director of Sheriff's Administration
(909) 387-0640
City of Yucaipa
Jennifer Crawford, Interim City
Manager
(909) 797-2489 Ext. 223
07/01/2025 through 06/30/2026
$13,220,543
-----------------
$13,220,543
4413651000
AMENDMENT No. 41
Effective July 1, 2025, Contract No. 94-526 to provide law enforcement service to the City of Yucaipa is hereby amended by replacing Schedule A referred to in Section II. CONSIDERATION with the Schedule A attached hereto and incorporated herein by this reference.

Except as amended, all other terms and conditions of this Contract remain as stated therein.

StandgARBYMty Council Agenda Page�1 of

[With the exception of signatures, this page is intentionally left blank].

SAN BERNARDINO COUNTY
Dawn Rowe, Chair, Board of Supervisors
Dated:

SIGNED AND CERTIFIED THAT A COPY OF THIS

DOCUMENT HAS BEEN DELIVERED TO THE

CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
By
Deputy

FOR COUNTY USE ONLY
Approved as to Legal Form
111N-
Grace B Parsons, Deputy County Counsel
Date
City of Yucaipa
(Print or type name of corporation, company, contractor, etc.) By ►
(Authorized signature - sign in blue ink)
Name Chris Venable
(Print or type name of person signing contract)
Title Mayor Pro Tern
(Print or Type)
Dated:

Address 34272 Yucaipa Boulevard
Yucaipa, CA 92399
Reviewed for Contract Compliance
ON -
Date
Reviewed/Approved by Department
Carolina Mendoza, Chief Deputy Director of
Sheriffs Administration
Date
05/12/2025 City Council Agenda
Pagq Z g 5

SCHEDULE A
Law Enforcement Services Contract
City of Yucaipa
2025-26
Include 2 Additional MDCs
FY 2025-26

LEVEL OF SERVICE
COST

1.00 -
Captain
$
577,7651

1.00 -
Lieutenant
396,9691

6.00 -
Sergeant
1,949,112 1

3.00 -
Detective/Corporal
827,2921

26.00 -
Deputy Sheriff
5,970,822 1

2.00 -
School Resource Officer
459,294 1

3.00 -
Sheriffs Service Specialist
286,629 1

1.00 -
Administrative Assistant
96,898 1

4.00 -
Office Specialist
396,272 1

1.00 -
Motor Pool Services Assistant
98,788 1

14.00 -
Marked Unit
317,220 2

1.00 -
Marked Unit - Slick Top
22,659 2

5.00 -
Unmarked Unit
56,9772

2.00 -
Command Staff Vehicle
32,8142

4.00 -
Pickup truck
43,9302

2.00 -
Citizen Patrol Truck
17,526 2
Dispatch Services
724,671 1

59.00 -
HTs (Amortization, Access & Maintenance)
94,518

4.00 -
Additional MDCs
4,698

37.00 -
Taser Replacement (Amortized over 5-years)
38,170
Administrative Support
66,183
Office Automation
162,849
Body Worn Cameras
50,315
Vehicle Insurance
92,187
Personnel Liability & Bonding
928,685
Workers' Comp Experience Modification
(46,364)
County Administrative Cost
203,515
Cost for FY2025-26
$
13,870,394 1-5
Less Credit for Support Services to Unincorporated Areas $
(649,851) 1
Net Cost for FY 2025-26
$
13,220,543 1-5
Monthly Payment Schedule
1St
payment due July 15, 2025:
$1,101,711
2"d
through 12th payments due the 5th of each month:
$1,101,712
1 Personnel costs include salary and benefits and are subject to change by Board of Supervisors' action. Changes in salary and benefit costs will be billed to the City on a quarterly invoice. 2 Vehicle costs do not include fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage. All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.
3 No replacement cost is included for grant funded or donated vehicles. 4 Services and supplies will be billed to the City on a quarterly invoice. 5 Grant funded, donated and non -replaceable vehicles will incur a vehicle insurance and equipment connection cost for the period the vehicle is in use.
05/12/2025 City Council Agenda Page3of 5

SCHEDULE A
Law Enforcement Services Contract
City of Yucaipa
2025-26
Additional Costs Billed Quarterly:

The City will be billed on a quarterly basis for the following items:
• Increase to salaries and benefits resulting from Board of Supervisors -approved changes to Memoranda of Understanding with the County's various employee organizations. • Actual overtime costs.
• Actual on -call costs.
• Actual costs of vehicle fuel, repair and maintenance, including the costs of collision repair. • Actual costs for services and supplies.

LEVEL OF SERVICE SUMMARY
SAFETY:

GENERAL:

Captain
- 1.00
Sheriffs Service Specialist -

3.00 Lieutenant
- 1.00
Administrative Assistant -

1.00 Sergeant
- 6.00
Office Specialist -

4.00 Detective/Corporal
- 3.00
Motor Pool Service Assistant -

1.00 Deputy Sheriff Tier 2
- 26.00
Dispatchers -

4.59 School Resc Officer
- 2.00

13.59 39.00
VEHICLES:

DONATED VEHICLES LIST:

Marked Patrol Units
- 14.00
DUI Trailer -Universal -

1.00 *
Marked Patrol Units -Slick Top
- 1.00
Tower Lights Trailer -

1.00 *
Safety Unmarked Units
- 5.00
Yamaha UTV -

1.00 *
Command Staff Units
- 2.00
Utility Trailer -Carson Runner -

1.00 *
Pickup Trucks
- 4.00
Display Board Trailer -

1.00 *
Citizen Patrol
- 2.00
Radar Trailer -Mighty Mover -

1.00 *
Donated Vehicles -Ins Only
- 8.00 *
Horse Trailer -Logan -

1.00 *

36.00 Generator -

1.00 *
TOTAL

8.00 * (Included for insurance costs and equipment connection fees only) 05/12/2025 City Council Agenda Page 4� ooff 5

SCHEDULE A
Law Enforcement Services Contract
City of Yucaipa
2025-26
Credit for Support Services to Unincorporated Areas

LEVEL OF SERVICE
-0.12 -
Lieutenant
-0.78 -
Sergeant
-0.53 -
Detective/Corporal
-0.42 -
Sheriff's Service Specialist
-0.59 -
Office Specialist
-0.13 -
Motor Pool Services Assistant
Cost for FY2025-26 $
FY 2025-26
COST
(45,804)
(254,232)
(145,993)
(39,995)
(57,991)
(13,172)
(557,187)
Credit for Deputy Overtime
36 hrs/pay period x 26 pay periods (936 hours x $99.00/hour) $ (92,664) CREDIT FOR SUPPORT SERVICES $ (649,851)
' Personnel costs include salary and benefits and are subject to change by Board of Supervisors' action. Changes in salary and benefit costs will be billed to the City on a quarterly inwice. 05/12/2025 City Council Agenda PagM 5

CITY OF
9�

AGENDA REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
Item No. 16
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer Lim
SUBJECT: Upper Wildwood Creek Basin Project Funding Options RECOMMENDATION:

That the City Council:
1) Receive a report on potential project funding options; and 2) Direct staff to delay the construction of the Upper Wildwood Creek Basin Project and incorporate the Project into the strategic planning effort to develop a sustainable and long- term funding strategy for the City's public infrastructure projects; and 3) Direct staff to request reallocation of grant funding toward other eligible City drainage infrastructure project(s).

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, for a local flood control and 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 within Wildwood Creek. The Project is proposed to be a flow -through retention/detention basin with an estimated storm water capacity of 25 acre-feet. In addition, the Project will reduce erosion, sedimentation and downstream flooding along Wildwood Creek thus providing additional protection for the existing native habitat (specifically oak trees) along Wildwood Canyon Road, Wildwood Canyon City Park, and other private and public properties.

The funding sources for this Project include Drainage Development Impact Fee Funds, ARPA Grant Funds, WaterSMART Grant Funds, and Congressional Community Project Spending Funds. Of the approved funding allocated to the project, approximately $2,680,000 is currently available for the construction, and the environmental permitting, monitoring and mitigation that will be required as a result of the environmental permits obtained for the construction of the project.

On Jan 27, 2025, Council approved the extension of the ARPA Grant funding, allowing the City to award a contract for construction up until June 30, 2025. The City requested the time extension to 05/12/2025 City Council Agenda 242

complete the environmental review, permitting and environmental mitigation strategy that was initiated in 2019 and required to be completed prior to bidding for construction. It is important to note that the ARPA Grant funding must be expended prior to 2027. After going through the public bid process late last year, and upon the review of the construction bids, the following table summarizes the revised estimated costs to construct the Project:

Description
Cost
Construction Budget
$4,200,000
Environmental Permitting and Biological/Tribal Monitoring $250,000
Environmental Mitigation
$2,500,000
Total Estimate Cost to Complete Project
$6,950,000
Total available funding to complete the Project
$2,680,000
Additional Funding Needed
$4,270,000
Based on the estimated costs to complete the project, and the available funding, there is an estimated $4.3 million funding gap. Additionally, the WaterSMART grant requires the project to be completed by June of 2025, a deadline that realistic construction timelines suggest is not achievable unless the US Department of the Interior Bureau of Reclamation grants an extension upon the City's request.

Considering the size of the funding gap, the available reserve balance, and the grant construction timelines, staff is recommending that the City Council direct staff to delay the construction of the Project and incorporate the Project into the strategic planning effort to develop a sustainable and long-term funding strategy for the Project as well as other public infrastructure projects.

Should the City Council prefer to move forward with construction, several funding options are presented for consideration. While the need for this drainage project is clear, the decision to fund this Project must be weighed against potential financial risks and other capital improvement projects that address similar, more urgent public safety and infrastructure vulnerabilities. Therefore, many of the funding options are presented, but not recommended.

Funding Options
If the City chooses to complete the Project now, it must find $4.3 million in additional funding to construct the Project. There are three ways to close this funding gap: 1) allocate additional funds, 2) borrow, or 3) a combination of the two. Below are potential funding options, along with their strengths, weaknesses, and risks.

Funding
Strengths
Weaknesses
Risk
Viability Under
Option
Level
Current
Constraints
State
Low -interest rates;
Still requires debt
Medium
Possible, but
Infrastructure
structured repayment;
repayment; adds long-
adds debt
Bank Loan
government -backed
term obligations;
contributes to structural
deficit
05/12/2025 City Council Agenda 243

Funding
Strengths
Weaknesses
Risk
Viability Under
Option
Level
Current
Constraints
General
Voter -approved;
Requires public vote;
High
Unlikely due to
Obligation
spreads cost over
lengthy process;
timing
Bond
time; potential
uncertain approval
community buy -in
Internal Fund
Immediate access to
Strains general fund;
High
Risky,
Borrowing
funds; avoids external
contributes to structural
considering past
debt
deficit
financial strain
Use City
Immediate funding
Drains reserves; weakens
Very
Not
Reserves
without borrowing
financial stability
High
recommended
due to fiscal
danger
Additional
Non -repayable
Limited availability;
Medium
Limited impact;
Grants
funding; reduces
highly competitive
may not close
Limited
financial burden
the gap
Relinquish
Avoids financial risk;
Delays project; requires
Medium
Most responsible
Grant &
allows time for
alternative funding
choice given
Reassess
sustainable funding
strategy
constraints
plan. Consideration
can be included in the
Strategic Plan
Using reserves to fund the Project would be financially dangerous. It would drain a significant amount of the City's general fund reserves to a level that could result in significant challenges to protect the City from unexpected emergencies, economic downturns, or urgent infrastructure needs.

Borrowing funds through loans spreads the cost over time, but it still adds debt service payments that could further strain the City's already tight budget. General obligation bonds require voter approval and take time to implement, making them an unlikely solution for the current funding gap.

Seeking more grants is an ongoing effort, but securing an additional $4.3 million is highly unlikely in a short timeframe, considering the City has already been awarded multiple grants for this project.

If the City funds the Project now, it must do so at the expense of other critical infrastructure projects.

The financial risks of prioritizing the Project over other capital projects must be carefully weighed.

If no additional funding is secured, the most responsible option is to delay the Project.

Approximately $250,000 in grant funded expenditures have been incurred for the Project development. Delaying the Project and allowing for a reassessment to occur would also allow for consideration in the strategic plan, resulting in a more sustainable and long-term funding strategy.

Upper Wildwood Creek Basin Project and Capital Improvement Program The City maintains a long list of approved but partially unfunded capital projects, including other flood control improvements to protect critical infrastructure from storm damage, road repairs and expansions to improve traffic flow and public safety, and other publicly demanded public park and 05/12/2025 City Council Agenda 244

recreation uses.. These projects are not just wish list items; many are essential to prevent costly damage from flooding and improve public safety.

By approving and funding the Project, the City would elevate it above all other pending projects — regardless of urgency or direct impact on public safety.

If the City does not move forward with the Project, there would be no direct damages or immediate safety risks. If the City delays other flood control projects that represent more significant community benefits, Yucaipa remains vulnerable in other areas more subject to damages from storm flow damage, which could result in costly emergency repairs to public and private properties.

Additionally, other traffic infrastructure projects that incorporate roadway capacity and/or traffic safety enhancements would have a direct impact on public safety. The prioritization of these projects should also be carefully considered along with the City Council adopted goal for calendar year 2025 focused on enhancing emergency preparedness/management capabilities.

Below is a list of other Council -approved but unfunded capital infrastructure projects included in the adopted FY25 Capital Improvement Program (CIP).

Project Description
Estimated
Authorized
Additional
Project
Funding
Funding
Cost
Needed
Wilson III Basin
$33,006,425
$17,006,425
$16,000,000
Intersections along Avenue E
$16,090,000
$10,090,000
$6,000,000
Yucaipa Boulevard Improvements - 151" Street
$24,193,000
$15,693,000
$8,500,000
to I-10 Freeway
Oak Glen Road Widening — Colorado Street to
$2,238,889
$1,293,889
$945,000
Outer Highway 10 South
Avenue E Sidewalks — 131" Street to Dunlap
$1,348,000
$598,000
$750,000
Channel
Pendleton Road Low Water Crossing at Oak
$10,865,000
$2,865,000
$8,000,000
Glen Creek
Total Additional Funding Needed
$40,195,000
In addition to the above CIP projects, the City has approximately $2.6 million in deferred maintenance projects at various parks and public facilities.

Summary
This Project represents community benefits that have been identified in the City's Master Plan of drainage, but the decision to move forward must be made in the context of broader capital improvement needs. Approving and funding the Project now would require an estimated $4.3 million commitment, which could come from reserves, loans, or debt. It would move the Project ahead of all other unfunded capital projects, including flood control, road repairs, and park improvements. It would leave the City financially vulnerable by draining reserves or taking on risky financing. 05/12/2025 City Council Agenda 245

If the City Council directs staff to delay the construction of the Project, staff is also requesting that the City Council incorporate the Project, along with other public infrastructure projects, into the strategic plan. This approach would help to address one of the five goals the City Council adopted for calendar year 2025. It is important to note that there may be an opportunity to re -program the current grant funding for this Project, to other CIP projects with similar benefits.

FISCAL IMPACT:

The fiscal impact is the deauthorization of the Project. Delaying the Project and allowing for a reassessment to occur would also allow for consideration in the strategic plan, resulting in a more sustainable and long-term funding strategy.

Approved by:
05/12/2025 City Council Agenda 246

CI'I'1" OF
w
DATE: May 12, 2025

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Trevor Benson, Public Safety Manager
Item No. 17
SUBJECT: Ordinance No. 455 - Adding Chapter 10.16 Vehicle Abatement to the Yucaipa Municipal Code
RECOMMENDATION:

That the City Council approve the introduction and first reading of Ordinance No. 455, an Ordinance of the City of Yucaipa, California, adding Chapter 10.16 to Title 10 of the Yucaipa Municipal Code Regarding Vehicle Abatement.

BACKGROUND/DISCUSSION:

Abandoned and inoperative vehicles present serious risks to the health, safety, and welfare of Yucaipa residents. These vehicles often attract rodents and insects, pose fire hazards, and create unsafe conditions for residents and children. Further, their presence on both public and private property degrades property values and detracts from the community's overall appearance.

California Vehicle Code Sections 22523 and 22660-22669 authorize local jurisdictions to enact ordinances to address and remove nuisance vehicles. The proposed Ordinance aligns with these state regulations while incorporating enforcement mechanisms tailored to Yucaipa's needs.

Ordinance No. 455 will add Chapter 10.16 "Vehicle Abatement" to the Yucaipa Municipal Code and establishes procedures for the abatement and removal of abandoned, wrecked, dismantled, or inoperative vehicles. The Ordinance provides a structured approach to identifying, notifying, and removing abandoned and inoperative vehicles. Property owners and vehicle owners will be given notice and an opportunity to correct violations before the City takes action. If necessary, the City may initiate removal proceedings and impose other penalties. Ordinance No. 455 will help improve Yucaipa's community aesthetics, eliminate safety hazards, and promote neighborhood integrity by addressing long-standing concerns about vehicle nuisances throughout the City.

Key provisions of the Ordinance include:

Prohibited Conduct: Establishing clear restrictions on storing abandoned, wrecked, dismantled, or inoperative vehicles in public or private spaces outside of enclosed structures. 05/12/2025 City Council Agenda 247

Abatement Procedures: Outlining investigative processes, notice requirements, and timelines for property owners to address violations.

Hearing and Appeal Process: Providing due process rights to vehicle and property owners, including administrative hearings before removal actions are taken.

Penalties and Enforcement: Authorizes the removal and disposal of nuisance vehicles and the imposition of other penalties.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Attachment(s):

1. Ordinance No. 455
Approved by:
05/12/2025 City Council Agenda 248

ATTACHMENT 1
05/12/2025 City Council Agenda 249

ORDINANCE NO.455

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING CHAPTER 10.16 TO TITLE 10 OF THE

YUCAIPA MUNICIPAL CODE REGARDING VEHICLE ABATEMENT
WHEREAS, the accumulation of abandoned, wrecked, dismantled, or inoperative vehicles on public and private property within the City of Yucaipa can create conditions that are hazardous to the health, safety, and welfare of the public; and
WHEREAS, such vehicles can harbor rodents and insects, present physical dangers to children and other residents, and pose fire hazards; and WHEREAS, the presence of such vehicles can detract from the appearance of property, constitute blight, and reduce property values, and have a negative impact on the community's quality of life; and
WHEREAS, Vehicle Code Sections 22523 and 22660-22669 authorize local authorities to adopt ordinances establishing procedures for the abatement and removal of abandoned, wrecked, dismantled, or inoperative vehicles as public nuisances; and WHEREAS, the City Council of the City of Yucaipa desires to establish such procedures to promote public health, safety, and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Municipal Code Amendment.

Chapter 10.16, "Vehicle Abatement," is hereby added to Title 8 of the Yucaipa Municipal Code to read as follows:

Chapter 10.16 Vehicle Abatement

10.16.010 Findings
To promote public health, safety, and welfare, the City Council finds that the accumulation of abandoned, wrecked, dismantled, or inoperative vehicles on public and private property within the City of Yucaipa can create conditions that are hazardous to the health, safety, and welfare of the public. Such vehicles can harbor rodents and insects, present physical dangers to children and other residents, and pose fire hazards. The presence of such vehicles can detract from the appearance of property, constitute blight, and reduce property values, and have a negative impact on the community's quality of life. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or any part thereof, on private or public property, except as expressly OVil7iTMMy'Council Agenda 250
00 hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

10.16.020 Definitions
For the purposes of Chapter 10.16, the following definitions shall apply:
"Abandoned Vehicle" shall mean any vehicle that has been left on public or private property without the express or implied consent of the property owner or occupant. "Wrecked Vehicle" shall mean any vehicle that is severely damaged, crushed, or partially destroyed to the extent that it is inoperable, unable to be repaired and has no apparent value except as scrap.
"Dismantled Vehicle" shall mean any vehicle that is missing one or more major components, such as the engine, transmission, wheels, or other essential parts, rendering it inoperable. "Inoperative Vehicle" shall mean any vehicle that is unable to be lawfully operated on public roads due to mechanical failure, missing parts, expired registration, or other legal restrictions. "Public Property" shall mean any street, highway, alley, publicly owned parking area, or any other property owned or maintained by a government entity and open for public use. "Private Property" shall mean any real property that is owned, leased, or otherwise controlled by a private individual or entity, excluding public property. "Vehicle Nuisance" shall mean any vehicle that has been abandoned, wrecked, dismantled, or left inoperative in violation of this ordinance and is determined to be a threat to public health, safety, or welfare.

10.16.030 Prohibited Conduct
A. No person shall cause, permit, maintain, conduct, or otherwise allow an abandoned, dismantled, inoperative, or wrecked vehicle or parts thereof to be openly stored, within any public or private property within the City of Yucaipa unless the vehicle is shielded from public view by means of a cover or enclosure, or otherwise permitted under this ordinance.

B. No property owner shall permit the accumulation of abandoned, wrecked, dismantled, or inoperative vehicles on their property, except as allowed for licensed dismantlers or automotive repair businesses in compliance with the Yucaipa Development Code and Vehicle Code Section 22660.
0 131654 ,it Council Agenda 251

C. Any abandoned, wrecked, dismantled, or inoperative vehicles on public or private property within the City of Yucaipa not stored according to this Chapter shall constitute a nuisance.

10.16.040 Vehicle Abatement Procedure
A. Investigation and Notice

1. Upon determination by the City Manager or designee that a vehicle is in violation of this ordinance, a written notice shall be issued to the registered owner and property owner (if applicable) stating the nature of the violation.

2. The notice shall provide a period of not less than ten (10) days to remove or correct the violation, in accordance with Vehicle Code Section 22661(c), unless the property owner and owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part of the vehicle.

3. Pursuant to Vehicle Code section 22661(d), the City's 10-day notice of intention to abate and remove the vehicle or part of the vehicle shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that the property owner may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with the property owner's reasons for such denial, in lieu of appearing.

4. Pursuant to Vehicle Code Section 22661(d), the notice of intention to abate shall be mailed, by registered or certified mail, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.

Pursuant to Vehicle Code Section 22661(c), the City is not required to serve a notice of violation if:
a. The vehicle or part of the vehicle is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed; b. The vehicle or part of the vehicle is valued less than two hundred dollars ($200) by a person specified in Vehicle Code Section 22855; and C. The City has determined it to be a public nuisance presenting an immediate threat to public health or safety, provided the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof.
d. Prior to final disposition of a low -valued vehicle, the City shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within 12 OW$ Ilht! " ,council Agenda 252

days after the notice is mailed, from a location specified in Vehicle Code section 22662, final disposition may proceed.

6. If no compliance is achieved within the notice period and no hearing is requested, or the time to remove the vehicle or part of the vehicle has otherwise expired, the City may proceed with removal and disposal of the vehicle in accordance with Vehicle Code Sections 22662-22664.

7. The City may utilize its own personnel or contract with a towing service to remove the vehicle. Pursuant to Vehicle Code section 22661(c), neither the City or contractor thereof shall be liable for damage caused to a vehicle or part thereof by removal pursuant to this chapter.

8. Pursuant to Vehicle Code Section 22661(f), after a vehicle has been removed, it shall not be reconstructed or made operable, unless it is a vehicle that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code section 5004, in which case the vehicle may be reconstructed or made operable.

9. The cost of removal, storage, and disposal shall be the responsibility of the registered owner or property owner, and the fees may be recovered in any manner authorized by Chapter 1.12 of this Code.

10. Pursuant to Vehicle Code Section 22661(a), City shall notice the Department of Motor Vehicles within five days after the date of removal, identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.

11. Pursuant to Vehicle Code Section 22669, motor vehicles which are parked, resting, or otherwise immobilized on any highway or public right-of-way and which lack an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highways of this state, are a hazard to public health, safety, and welfare and may be removed immediately upon discovery by a peace officer or other designated employee of the City.

C. Hearing Procedures

1. If a hearing is requested within the ten-day notice period, a hearing officer appointed by the City Manager shall conduct a hearing following procedures outlined in Yucaipa Municipal Code Section 1.12.110.

2. The hearing officer shall consider evidence and issue a decision within ten (10) days.

3. If the violation is upheld, the party responsible shall have an additional five (5) days to remove the vehicle before the City proceeds with abatement. 0�II KT5?Council Agenda 253

4. If the vehicle is found not to be a nuisance, the City shall not proceed with abatement.

Pursuant to Vehicle Code Section 22661(e), if the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on the property owner's land within the time period, this statement shall be construed as a request for hearing that does not require the presence of the owner submitting the request.

6. Pursuant to Vehicle Code Section 22661(f), if the hearing officer determines that the vehicle was placed on the land without the consent of the landowner (who makes a request pursuant to subsection 6) and that the property owner has not subsequently acquiesced to the vehicle's presence, then the City shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect those costs against the property owner.

7. If no request for a hearing is received within ten-day period, the City shall have the authority to remove the vehicle.

10.16.050 Exceptions
This Chapter does not apply to:

A. Vehicles or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property accordance with Vehicle Code Section 22661(b)(1).

B. Vehicles stored on properties operated by licensed dismantlers, dealers, or repair facilities, in accordance with Vehicle Code Section 22663. Pursuant to Vehicle Code Section 22661(b)(2), this exception shall not, however, authorize the maintenance of a public or private nuisance.

C. Vehicles deemed of historic or special interest, stored in a manner that does not create a nuisance, as outlined in Vehicle Code Section 5004.

10.16.060 Enforcement and Penalties
Any violation of this Chapter is unlawful and shall constitute a public nuisance. The City may abate such violation using any remedy provided by law or equity, including, but not limited to, the remedies contained in Chapter 1.12 of this code. 09WRff�S yZCouncil Agenda 254

Section 2. Severability.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

Section 3. CEQA.

The City Council finds that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) under the common sense exception that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as here, the activity is not subject to CEQA.

Section 4. Effective Date.

This Ordinance shall be effective on the 31 st day following its adoption by the City Council.

Section 5. Publication and Posting.

The Mayor shall sign this Ordinance, and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.

PASSED, APPROVED and ADOPTED this
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
day of , 2025.

Jon Thorp, Mayor

APPROVED AS TO FORM
Steven Graham Pacifico
City Attorney
0'MVM§59gCounci1 Agenda
255

CITY OF
f\ram

AGENDA REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
FROM: Trevor Benson, Public Safety Manager '
Item No. 18
SUBJECT: Ordinance No. 456 -Adding Chapter 10.20 to Title 10 of the Yucaipa Municipal Code Regarding Vehicle Towing
RECOMMENDATION:

That the City Council approve the introduction and first reading of Ordinance No. 456, an Ordinance of the City of Yucaipa, California, adding Chapter 10.20 to Title 10 of the Yucaipa Municipal Code Regarding Vehicle Towing.

BACKGROUND/DISCUSSION:

To support law enforcement actions conducted in accordance with California Vehicle Code 22651, Authority to Remove Vehicles, the City requires the services of an official police tow service (OPTS) provider for the efficient and safe removal of vehicles from roadways. These services are necessary to provide roadside assistance or tow services for disabled motorists, removal of inoperative vehicles involved in traffic collisions, removal of vehicles or other objects creating traffic hazards, the impound of abandoned vehicles, the impound of vehicles as criminal evidence, the impound of vehicles whose owners have failed to pay multiple outstanding parking citations as prescribed by state and local law, and assistance for disabled police or other City vehicles.

Requirements for the Provision of Services:

To efficiently provide the necessary services in a manner expected by the City, the OPTS must meet requirements pertaining to its location, response time, accessibility, lot size/storage capability, security, and designated space for evidence storage.

Location — The provider's facility must be in a location that is convenient for community members and City personnel. Location within the City is preferable so that community members (who may not have access to a vehicle due to an impound) are not burdened with the necessity to travel out of the City to pick up their vehicle and/or retrieve personal belongings. Police Department personnel also access the facility frequently, and a location in the City reduces staff travel time.

Response Time — The provider must be able to promptly respond to all requests for service at any time during the day or night, on weekends, and on holidays. 05/12/2025 City Council Agenda 256

Accessibility — The provider's location must be readily accessible to provide services for community members and City personnel as needed. The Police Department requires prompt access to the facility at all times for the purposes of conducting criminal investigations.

Security — The provider's location must have adequate security to ensure the safe storage of privately owned vehicles, City vehicles, and items of evidence. Security requirements include enclosed (by wall or fencing) secure storage areas, methods for restricted entry/exit, lighting, and security measures to reasonably preclude theft or damage to stored vehicles.

History of Agreements:

In previous years the Yucaipa Police Department (San Bernardino Sheriffs Department) would select and determine the OPTS providers. Staff believe bringing this action into the City's purview would better serve our residents.

Towing Service Agreement(s):

As noted in Attachment 1, "Towing Services Agreement" ("TSA" and as defined in Attachment 1) contains rules and regulations that a company agrees to comply with in order to provide tow services to the San Bernardino County Sheriffs Department in its contracted capacity as the Yucaipa Police Department (YPD), as well as other City Departments, such as Yucaipa Fire Department and Yucaipa Code Enforcement and Park Rangers. Compliance with all of the terms and conditions of the TSA is mandatory for tow companies participating in the YPD Rotation Tow Program.

An Operator (as defined in Attachment 1), by agreeing to participate in the program, does not establish an employment relationship with the YPD or the City of Yucaipa, and is not acting as an agent for the YPD or City of Yucaipa when performing services under the Agreement. For clarification purposes, definitions are contained in Attachment 1 contains a summarized listing of California Vehicle Code (CVC) and Civil Code laws applicable to all tow companies in the State of California and contains a listing of tow truck equipment specifications and equipment use requirements applicable to all YPD rotation tow Operators.

It is the policy of the City to select a professional service provider based on demonstrated competence and qualifications for the types of services to be performed.

This activity has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a "project" subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
05/12/2025 City Council Agenda 257

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Attachment(s):

1. Tow Service Agreement (Sample)

2. Ordinance No. 456
Approved by • .�
05/12/2025 City Council Agenda 258

ATTACHMENT 1
05/12/2025 City Council Agenda 259

AGREEMENT FOR SERVICES:

The following is the Agreement which will be required to be executed by all Tow Companies once their Proposals are approved by the City Council.

AGREEMENT BETWEEN THE CITY OF YUCAIPAAND

FOR TOWING SERVICES

WITHIN THE CITY LIMITS OF YUCAIPA
THIS AGREEMENT, made and entered into this day of
, 2025, by and between the City of Yucaipa (hereinafter referred to as "CITY") and , a Towing Company (hereinafter referred to as the "OPERATOR"). The CITY and OPERATOR shall be referred to collectively as "the Parties."

WITNESSETH
WHEREAS, CITY seeks to engage the services of the OPERATOR to participate in CITY Tow Rotation Program ("PROGRAM") fortowing services throughoutthe CITY for the removal of vehicles from the public Right -of -Way (i.e. "Off -Site Vehicle Removal") and the removal of inoperable vehicles from private property (i.e. "Vehicle Abatement Services") at no cost or charge to the CITY, or its contract services with the San Bernardino County Sheriff's Department.

WHEREAS, CITY agrees to utilize, on a rotational basis, for the PROGRAM, only those OPERATOR(S) located in the CITY , who have signed an Agreement with the CITY.

WHEREAS,the OPERATOR whois a signatoryto this Agreement, has completed and su bmitted the necessaryTowing Applications and otherdocuments required by CITY and has been approved by the CITY to participate in the PROGRAM.

WHEREAS, OPERATOR represents that it has the necessary expertise, equipment, storage facilities, personnel, and insurance to meet all requirements of CITY to provide towing services within the CITY.

WHEREAS, CITY has relied upon OPERATOR representations in entering into this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties hereto agree as follows:

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05/12/2025 City Council Agenda 260

Section 1. Definitions.

The following defined terms shall be used in this Agreement:

APPEAL: The final level of review for written reprimands, suspensions, terminations, or review of a CITY'S decision regarding disciplinary action.

AREA: City of Yucaipa Corporate Boundary.

CHP: The Department of the California Highway Patrol.

ENROLLMENT PERIOD: The period of time when a tow company may submit an application for inclusion on the CITY'S Rotation Tow List.

LOAD SALVAGE OPERATIONS: Any operation involving the recovery of a load which has been spilled, or the off-loading and reloading of a load from an overturned vehicle performed in orderto uprightthe vehicle. Thiswill be limited to operations involving Class B, C, and D TOW TRUCKS.

NOTICE: All notices relating to this Agreement shall be in writing and delivered to the other Party in person, via FAX, or by US Mail.

OPERATOR: A tow service which has signed the Tow Service Agreement, and is approved to receive CITY referred calls. The term, "operator' refers to the company, its owner(s), and its manager(s) whohave authorityto enter intoan Agreementwith the CITY for towing services and to conduct business in accordance with the terms of this Agreement.

PORTAL TO PORTAL: Service shall start at the time of departure from the place of business orpointof dispatch, whichever iscloserto the location of the call, and shall end at the estimated time of return to the place of business or the completion of the call, if another call is pending, whichever is shorter. Return to place of business includes a reasonable and verifiable amount of time required to place the TOW TRUCK back into service when unusual circumstances require additional time that are not part of normal operating procedures. (Examples: 1) 4 X 4 recovery in the mud: reasonable to charge for cleaning mud from truck and equipment; 2) burned car on car carrier: reasonable to charge for cleaning burn debris from carrier bed; 3) car towed from side of road on misty night and leaves mud track on bed of carrier: not reasonable to charge for cleaning of carrier bed.)
POSSESSION: Pursuantto Section 3068.1 of the Civil Code, possession is deemed to arise when the vehicle is removed and is in transit.

PUBLIC SAFETY RESPONSE: A responsewhich results in a storage of a vehicle atthe direction of an officer. This does not include storage at the request of the vehicle

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05/12/2025 City Council Agenda 261

operator, registered owner, or agent.

RECOVERY OPERATION: An operation involving the process of uprighting an overturned vehicle or returning a vehicle to a normal position on the roadway which requiresthe use of auxiliary equipment due tothesizeor location of the vehicle. This will normally be limited to operations requiring a Class B, C or D TOW TRUCK(s).

RESPONSE TIME: The period of time from an operator's notification by the CITY Communications Center of a call to the arrival of the TOW TRUCK at the location requested.

RETAIL RATE: The usual customaryretail rate charged by an operatorto individual retail customers. This is the competitive rate a company has posted in the office and quotes over the phone.

SUSPENSION: Removal of an operator from the CITY'S Rotation Tow List fora specified period of time. Suspensions may be for periods longer than the current term of the Agreement.

TERMINATION: Permanent removal of a tow operatorfrom the CITY'S Rotation Tow List for the remainder of the term of the Agreement and disqualification from any further participation in the PROGRAM.

TOW TRUCK: A tow truck as defined in Section 615(a) of the California Vehicle Code.

Also includes slide back carriers and wheel life vehicles.

TOW DISTRICT: The geographical area in which an operator may receive CITY referred calls.

WRITTEN REP RIMAND:A written notice to an operator wh i ch specifiesanyviolation (s) of the Tow Service Agreement, orders corrective action, and warns of f u rth er acti on (s) to be taken if corrective action is not taken.

Section 2. General Responsibilities of OPERATOR.

A. OPERATOR shall provide towing services at the request and direction of the San Bernardino County Sheriff's Department (hereinafter referred to as the "YUCAIPA POLICE DEPARTMENT') and CITY'S Code Enforcement Division AND YUCAIPA POLICE DEPARTMENT for all tows necessary from public Right -of -Way and from private property. Callsfortowing services from public Right-of-Wayshallbe initiated by the YUCAIPA POLICE DEPARTMENTand callsfor towing services from private property shall be initiated by the CITY'S Code Enforcement Division under the CITY's Vehicle Abatement Program.

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B. The OPERATOR shall be responsible for reasonable cleanup of debris left at the scene of a collision or at the direction of the YUCAIPA POLICE DEPARTMENT.

C. Pursuantto Vehicle Code Section 12110, there shall be no charge or fee to the CITY, including the CITY'S Code Enforcement Division, Fire Department, or the YUCAIPA POLICE DEPARTMENT for any towing services by the OPERATOR, including vehicles towed at the request of the CITY/YUCAIPA POLICE DEPARTMENT in which the vehicle is used in the commission of a crime or other matters in which the vehicle must be impounded for investigation and/or further analysis. All charges or fees shall be applied only to the legal owner or registered owner of the vehicle or to the property owner as appropriate.

All referenceto charges or fees in thisAgreement and in exhibitsthereto shall refer to charges against the vehicle owner and not to the CITY, including the CITY'S Code Enforcement Division, or the YUCAIPA POLICE DEPARTMENT.

D. If the OPERATOR called is unable to respond within 20 minutes ("MAXIMUM RESPONSE TIME"), the OPERATOR must advise the originatorof the call (either the YUCAIPA POLICE DEPARTMENT, Fire Department or CITY'S Code Enforcement Division, as appropriate) at the time of the call regarding the anticipated RESPONSE TIME. If the anticipated RESPONSE TIME is unacceptable, other towing arrangements will be made by YUCAIPA POLICE DEPARTMENT or CITY'S Code Enforcement Division.

E. The OPERATOR will furnish satisfactory evidence of liability insurance, provide adequate protection of disabled vehicles, and any property contained in such vehicles, while being towed and during storage. Policy expiration dates and any notice of cancellation will befurnished to the CITY immediately upon receipt by the OPERATOR.

F. The OPERATOR shall maintain records of tow services furnished including a description of vehicles, nature of service and time and location of calls. Such records may be inspected at any time by the YUCAIPA POLICE DEPARTMENT and CITY. The OPERATOR shall mark the windshield of each vehicle towed as part of the PROGRAM to read: "City of Yucaipa" and either "impounded" or "stored."
G. The OPERATOR and its TOW TRUCK drivers shall be properly licensed, in accordance with California Vehicle Code ("CVC") Sections 12804.7 and 12804.9(b) and the CITY's business license requirements.

H. Towing vehicles shall be maintained in compliance with the provisions of CVC Sections 24605, 25253, 25300, 27700, and 27907.

The OPERATOR shall complywith CVC Section 10652 in reporting the storage of vehicles over 30 days. The YUCAIPA POLICE DEPARTMENTwill be furnished a

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copy of the Report, which the OPERATOR is required to furnish to the Department of Justice by Registered Mail.

K. The OPERATOR shall also be available as necessary to tow any CITY vehicle at no charge. Such vehicles will include: CITY Vehicles, Yucaipa Fire Department/CDF California Department of Forestry ("CalFire") Trucks and associated vehicles, and YUCAIPA POLICE DEPARTMENT patrol cars and associated vehicles. Further. the OPERATOR shall assist the CITY and YUCAIPA POLICE DEPARTMENT in changin_g flat tires, lump start dead batteries and/or other incidental vehicle problems that may occur from time - to -time during the Agreement period.

L. If applicable, the OPERATOR shall provide to the CITY applicable Forms CHP 234A, CHP 234B and CHID 234F that shall be kept current during the time period of this Agreement.

Section 3. Responsibilities of CITY.

If the City selects more than one OPERATOR, the CITY shall establish and maintain a Rotational Tow List ("LIST"), which shall be used by the YUCAIPA POLICE DEPARTMENT and CITY'S Code Enforcement Division.

Section 4. Rotation Lists.

A. The CITY shall maintain a LIST to ensure an equitable distribution of calls.

B. A call to an OPERATOR shall constitute one turn on the LIST and the OPERATOR shall be moved to the bottom of the LIST. This includes when the OPERATOR fails to answer the phone, is unable to respond, or is canceled because the OPERATOR cannot respond in less time than the MAXIMUM RESPONSE TIME. If it is determined that the OPERATOR is not needed and is canceled by the CITY/YUCAIPA POLICE DEPARTMENT, upto and includingthe time the OPERATOR arrives at the scene, there shall be no charges and the OPERATOR will be placed back at the top of the LIST.

1. If the OPERATOR is canceled by the vehicle's owneror agent prior to the OPERATOR taking POSSESSION of the vehicle, there shall be no charges for towing. The OPERATOR shall immediately contactthe CITY/YUCAIPA POLICE DEPARTMENT and advise them of the cancellation. The OPERATOR will then be placed back at the top of the LIST.

2. If service, other than towing and recovery, has begun and is canceled by the vehicle's owneror agent, the OPERATOR may charge a minimum of one-half ofthe regular hou rlyservice charge, forthe time expended on the call. For purposes of cancellation, service begins when physical work on

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the vehicle has begun, not the response. No lien shall arise forth service unless the OPERATOR has presented a written statement to the vehicle's owner or agent forth e signed authorization of services to be performed. a. The OPERATOR shall not attempt to take POSSESSION of the vehicle in order to establish a lien for any non -towing services performed, or begun and subsequently canceled, when notentitled to such lien by law. Refer to Civil Code Section 3068.1 for when a lien begins.

D. If two or more OPERATORS are called to the same incident, distribution of the vehicles shall be atthe discretion of the YUCAIPA POLICE DEPARTMENT.

E. YUCAIPA POLICE DEPARTMENT may direct an OPERATOR to move vehicles to help clear a roadway or for lifesaving operations. OPERATORS shall provide the assistance as directed. There shall be no charge for this assistance, and the assistance provided shall not change the OPERATOR'S place on the LIST.

F. An OPERATOR must have business office and/or storage facility located within the CITY. A secondary business and storage facility, which mustalso be located within the CITY, does not qualifythe OPERATOR for an additional position on the LIST.

Section 5. TOW TRUCK Classifications.

A. An OPERATOR shall equip and maintain TOW TRUCKS covered underthis Agreement in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations and the specifications contained in this Agreement, and con sistentwith industrystandardsand practices.

Notwithstanding CVC Section 615, all TOW TRUCKS shall have recovery capabilities, wheel lift capabilities, and a boom meeting the specifications contained in this Agreement. For the purpose of the Agreement, "a trailer for hire that is being used to transport a vehicle" shall not qualify as a primary TOW TRUCK for the LIST.

2. An OPERATOR who has a car carrier may be exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must bean additional unit.

B. A violation of the Gross Vehicle Weight Rating ("GVWR") and safe loading requirements of a TOW TRUCK shall be cause for immediate suspension.This includes exceeding the TOW TRUCK'SGVWR, frontaxleweightrating, rear axle

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weight rating, maximum tire weightratings, or not maintaining 50 percent of the TOW TRUCK'S unladen weight on the front axle when lifting / carrying a load.

C. There will be four classes of TOW TRUCKs covered under this Agreement.

1. Class A - Light Duty
a. An OPERATOR shall maintain a minimum of one TOW TRUCK with a manufacturer's GVWR of at least 10,000. Class A equipment specifications can be found in Attachment of this Agreement. 1) The CITY may require more than one (1) TOW TRUCK in
areas where rapid response for congestion relief is
required.
2) A "trailer for hire" shall not be approved for listing as a Class A TOW TRUCK.
3) Tow companies whose equipment had previously been
approved, but who do not have wheel lift capabilities, may apply for and receive a Class A Tow Rotation Listing.

However, equipment purchased on or after July 1, 2000,
shall not be approved unless the equipment brings the
OPERATOR into compliance with the minimum
requirements.

2. Class B -Medium Duty
a. An OPERATOR shall maintain at least one TOW TRUCK with a manufacturer's GVWR of at least 19,501 pounds. The TOW TRUCK shall be equipped with air brakes and must be capable of providing and maintaining continuous airto the towed vehicle.
1) The CITY may require more than one (1) TOW TRUCK in
areas where rapid response for congestion relief is required.

3. Class C - Heavy Duty
a. An OPERATOR shall maintain at leastone three -axle TOW TRUCK with a manufacturer's Gross Vehicle Weight Rating (GVWR) of at least 33,000 pounds. The TOW TRUCK shall be equipped with air brakes and must be capable of providing and maintaining continuous airto the towed vehicle.

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b. The CITY may require more than one (1) TOW TRUCK in areas where rapid response for congestion relief is required.

4. Class D - Su per Heavy Duty
a. An OPERATOR shall maintain at least one three -axle TOW TRUCK with a manufacturer's GVWR of at least 50,000 pounds. The TOW TRUCK shall be equipped with air brakes and must be capable of providing and maintaining continuous airto the towed vehicle. b. The CITY may require more than one (1) TOW TRUCK in areas where rapid response forcongestion relief is required.

5. To properly and safely tow and service the wide variety of vehicles being operated on the highway, a towing procedure may require the use of auxiliary equipment specifically designed for the purpose. This auxiliary equipment should be used when appropriate. A listing of service and auxiliary equipmentfor each classification can be found in Attachment B of this Agreement.

D. The OPERATOR shall only use those TOW TRUCKS approved by the CITY to be part of the PROGRAM.

Section 6. Tow Drivers.

A. The OPERATOR shall ensure that TOW TRUCK drivers responding to calls initiated by the YUCAIPA POLICE DEPARTMENT OR CITY'S Code Enforcement Division are qualified and competent employees of the OPERATOR. The OPERATOR shall ensure that the TOW TRUCK drivers are trained and proficient in the use of the TOW TRUCK and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles serviced through the PROGRAM. TOW TRUCK drivers shall be at least 18 years old and possess the following minimum Class Driver's License:

1. Class A TOW TRUCK - A valid Class C License, or a valid Class A License with valid Medical Certificate.

2. Class B TOW TRUCK- A valid Class C License for non -regulated vehicles, or a valid Class A License with valid Medical Certificate for regulated vehicles pu rsu ant to CVC Section 34500.

3. Class C TOW TRUCK - A valid Class A License with valid Medical Certificate.

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4. Class D TOW TRUCK - A valid Class A License with valid Medical Certificate.

B. The Class A Licenses must be endorsed to allow operation of special vehicle configurations and/orspecial cargoes (Referto Attachment A).

C. The OPERATOR shall maintain a current listof drivers.

1. The OPERATOR shall provide a current list of his/herdrivers to the CITY.

The OPERATOR shall notify the CITY upon any change in driver status, including the addition of any new driver(s), or the deletion of any driver(s).

An updated list shall be provided to the CITY within seven (7) calendar days of any change in driver status.

2. OPERATORS, shall at a minimum, maintain the following information for each employee (Form CHP 234F may be used to provide the information):
a. Full Name.
b. Date of Birth.

C. California Driver License Number.
d. Copy of valid Medical Certificate, if applicable.
e. Job Title / Description.
f. Current Home Address.
g. Current Home Telephone Number.
h. Type(s) of truck(s) driver has been trained and instructed to operate.

D. All TOW TRUCK drivers and the OPERATOR shall be enrolled in the California Department of Motor Vehicles Employer Pull Notice Program ("Pull Notice Program").

1. Upon the addition of new drivers, an OPERATOR will be granted a maximum of 30 days to enroll in the Pull Notice Program.

2. Pull Notices shall be kept on file, signed, and dated by the OPERATOR.

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3. The CITY may require an OPERATOR to provide copies of Pull Notice Reports to the CITY from time -to -time.

Section 7. Rates.

A. Fees charged for response calls originating from the CITY's Code Enforcement Division or YUCAIPA POLICE DEPARTMENT, shall notexceed the rates setforth in Attachment B.

B. The rate for towing shall be from PORTAL to PORTAL and may be at a one hour minimum. Charges in excess of one hour may be charged in up to fifteen (15) minute increments. There shall be no additional charges for mileage, labor, etc. and/orforan OPERATOR'S time to release a vehiclewhen thestorage facility is notat the same location and the request forthe vehicle's release is made within typical business hours and days. In addition, if the YUCAIPA POLICE DEPARTMENT requests a tow from a storage facilityto the Special Investigation Division (SID) of the San Bernardino County Sheriff's Department, there shall be no additional charges to the CITY or owner of the vehicle. Secondary towing requested by the vehicle owner or his/her agent may be negotiated by the OPERATOR in accordance with the OPERATOR'S private business practices.

1. The OPERATOR may charge up to a one -hour minimum per call on PUBLIC SAFETY RESPONSE calls.

2. The OPERATOR shall base towing charges upon the class of vehicle being towed regardless of the class of truck used, except when vehicle recovery operations require a larger class truck.

C. Rates for service calls (out of gas, lockouts, etc.) shall be from PORTAL TO PORTAL, and may be at the hourlyrate with a thirty (30) minute minimum.Charges in excess of thirty (30) minutes may be charged in up to fifteen (15) minute increments.

D. Fees for Special Operations.

1. For special operations involving Class B, C, and D TOW TRUCKS such as vehicle recovery operations and LOAD SALVAGE OPERATIONS, the fees shall not exceed the rates set forth in Attachment B. Charges in excess of thirty -minutes may be charged in up to fifteen (15) minute increments.

2. OPERATOR shall submit a mark-up rate (percentage of the cost to the OPERATOR) for retail equipment and specialized labor not otherwise listed on Attachment B.

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3. If OPERATOR performs a service for which a required rate was not submitted to, and approved by, the CITY, the OPERATOR shall only be entitled to charge for the actual cost of that service. Example: contract labor rate not submitted, the OPERATOR may only charge for the actual rate paid for the labor.

E. The total fees charged for after-hours release shall be no more than one-half (1 /2) the hourly rate, and shall only be allowed if there is no person on duty at the storage facility for release and a call back is required outside normal business hours.

F. Storage Fees.

1. Storage fees, for insideand outside storage, shall notexceed the rates set forth in Attachment B.

2. The OPERATOR shall display in plain view at all cashier's stations, a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate.

3. Vehicles stored 24 hours or less shall be charged no more than one day storage. Each day thereafter shall be calculated by calendar day.

G. This Section of the Agreement shall not apply if the OPERATOR responds to a CITY/YUCAIPA POLICE DEPARTMENT call in a location where towing rates for all tow companies are established by a City or County Ordinance.

H. The schedule of rates charged by the OPERATOR shall be made available upon demand to person(s) for whom the tow services were provided or his/her agent, or any CITY representative.

I. The Rate Schedule included in Attachment B represents the maximums an OPERATOR may charge on a CITY/YUCAIPA POLICE DEPARTMENT call. An OPERATOR is not precluded from charging less when deemed appropriate by the OPERATOR. These requirements shall not be construed as requiring a charge when an OPERATOR would not normally charge for such service.

1. No OPERATOR or employee shall refer to any rate as the minimum required or set by the CITY.

Section 8. Response to Calls.

A. The OPERATOR shall respond to CITY/YUCAIPA POLICE DEPARTMENT calls 24 hours a day, seven days a week, within the MAXIMUM RESPONSE

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TIME. The OPERATOR shall advise CITY/YUCAIPA POLICE DEPARTMENT, at the time of the notification, if they are either unable to respond or unable to meet the MAXIMUM RESPONSE TIME. If, after accepting the call, the OPERATOR is unable to respond or will be delayed in responding, the OPERATOR shall immediately notify the CITY/YUCAIPA POLICE DEPARTMENT. The OPERATOR shall not assign initial calls to other OPERATORS.

1. Failure(s)to respond and/orfailure(s) to meet the MAXIMUM RESPONSE TIME requirements shall constitute failure to comply with the terms and conditions of this Agreement.
a. The CITY may take immediate disciplinary action for any violation of the requirement to respond within the MAXIMUM RESPONSE TIME.
b. When an OPERATOR will be temporarily unavailable to provide services due to a preplanned / scheduled activity, e.g. vacation, maintenance, medical leave, etc., the OPERATOR shall notifythe CITY at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability.

B. The OPERATOR, or his/heremployee(s) responding to a CITY/YUCAIPA POLICE DEPARTMENT call, shall perform the towing or service required for which he/she was called. This requirement may be waived by the CITY/YUCAIPA POLICE DEPARTMENT, if the requested equipment is inadequate forthe service to be performed.

1. Any refusal to respond or to perform the required towing or service will subject the OPERATOR to SUSPENSION, if deemed appropriate by the CITY.

C. An OPERATOR shall not respond to a CITY/YUCAIPA POLICE DEPARTMENT call assigned to another OPERATOR, unless requested to do so by the CITY/YUCAIPA POLICE DEPARTMENT.

1. There may be times when the OPERATOR assigned the initial CITY/YUCAIPA POLICE DEPARTMENT call may require the
assistance of an additional OPERATOR at the scene. The OPERATOR assigned the initial call may, subject to prior agreement with the CITY/YUCAIPA POLICE DEPARTMENT, and with the concurrence of the CITY/YUCAIPA POLICE DEPARTMENT, request a specific OPERATOR to assist him/her. The request shall be routed to the additional OPERATOR through the CITY/YUCAIPA POLICE DEPARTMENT.

2. There may be times when an OPERATOR, who was not called to a

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scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and a YUCAIPA POLICE DEPARTMENT officer requests his/her assistance in clearing the roadway. In such a case, the OPERATOR may be requested to move the vehicle to a safe location, as directed by the YUCAIPA POLICE DEPARTMENT officer and leave it.

There shall be no charge forthis assistance, and the assistance provided shall not change the OPERATOR'S place in the rotation on the LIST.

D. Only the TOW TRUCK personnel and equipment requested shall respond to a CITY/ YUCAIPA POLICE DEPARTMENT call. Additional TOW TRUCK personnel and equipment shall be at the approval of the CITY/ YUCAIPA POLICE DEPARTMENT. This shall not preclude the OPERATOR from responding to an incidentto ascertain if additional assistance or equipment is required. There shall be no additional charge for any personnel or equipment that is not necessaryto perform the required service.

Section 9. Storage Facility.

A. The OPERATOR shall provide adequate security of vehicles and property at the place of storage. At a minimum, a fenced or enclosed area shall be provided. The OPERATOR is responsiblefor the reasonable care, custody, and control of any property contained in towed or stored vehicles.

B. The storage facility shall be in compliance with all Zoning and Development Regulations in effect during the term of this Agreement. In addition to Zoning and Development Regulations forsuch a use, OPERATOR shall complywith the following:

Vehicle storage area shall be improved with an impervious material such as Portland Concrete Cement (PCC) or Asphaltic Concrete (AC) or other surface as approved by the CITY'S Planning Division. Bare soil is not permitted.

2. All non -conforming signs shall be removed.

3. The storage lot shall be fenced and screened from view. The screening material can be eitherlandscaping (i.e.vines, bushes)orfencing material (i.e. slats), or combination thereof.

4. Security lighting shall be provided in the storage lot area.

C. If the Community Development Director determines that the Storage Facility does not comply with the CITY'S Zoning and Development Regulations and the conditionssetforth in this Section 9, the CITY's Commu n ity Development Director, at his or her discretion, can seek to TERMINATE or SUSPEND the Agreement.

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D. The OPERATOR shall notify the CITY/ YUCAIPA POLICE DEPARTMENT in writing, prior to the removal of property from a stored vehicle and will provide a receipt to the registered owneror his or her representative with a copy placed in the stored vehicle. The requirement to notify the CITY/YUCAIPA POLICE DEPARTMENT prior to the removal of property may be waived by the CITY/YUCAIPA POLICE DEPARTMENT in writing if determined that proper safeguards and procedures are utilized by the OPERATOR.

1. This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation.

2. The OPERATOR shall release personal property from the vehicle at the request of the vehicle owner or his/her agent. If such a release is made, the OPERATOR shall notifythe CITY/ YUCAIPA POLICE DEPARTMENT in writing prior to releasing the personal property.
a. Personal property is considered to be items which are not affixed to the vehicle.
1) Personal property includes: papers, transportable cellular telephones, pull-out radios, portable radios and/or portable stereo equipment, clothes, luggage, tools, etc.
2) Personal property from a stored vehicle shall be released upon request of the vehicle owneroragent, unless
prohibited by CITY/YUCAIPA POLICE DEPARTMENT.

3. Cargo shall be released upon demand of the carrier, unless prohibited by CITY/ YUCAIPA POLICE DEPARTMENT, or pursuant to a court order.

E. The primary storage facility shall normally be at the same location as the business address. The primary storage and businessfacilitiesforClassA shallbe within the CITY limits. If the OPERATOR utilizes a second storage facility, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and personal property shall be released at the primary storage facility upon request of the owner or a person having a legal entitlement to the vehicle, except as set forth above. There shall be no additional charge for transporting an impounded and/or stored vehicle from the OPERATOR'S secondary storage facility to the primary storage facility if requested to do so by the CITY/YUCAIPA POLICE DEPARTMENT or the ownerof the vehicle or his/her authorized representative. Prior to the utilization ofnewstorage facilities notlisted on the Application for Rotation Tow Listing, the OPERATOR shall obtain the CITY'S approval and furnish the address.

1. Secondary storage facilities shall be located reasonably close (as

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determined by the CITY'S Community Development Director and the YUCAIPA POLICE DEPARTMENT) to the main business office and approved by the CITY. Any changes to the location of the secondary storage facilitywithoutwritten approval by the CITY shall be prohibited and subjectto Disciplinary Action assetforth in Section 18.

F. OPERATOR shall maintain sufficient storage spaces.

G. An OPERATOR'S place of business and storage facility, if separate from the place of business, shall have a sign that clearly identifies it to the public as a towing service. The sign shall also identifywhere a customer can file a complaint with the CITY regarding the PROGRAM. The sign shall have letters that are clearly visible to the public from the street. The sign shall be visible at night.

H. For the purpose of this Agreement, "normal business hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday, and shall be manned during said business hours, except for the following holidays:

1. New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day.

2. Businesshoursshall beposted in plain view to the publicat both the place of business and/or storage facility.

I. Employees shall be properly trained to conduct business transactions related to towing, storage and release of vehicles / property.

J. The release of vehicles shall be conducted in accordance with local YUCAIPA POLICE DEPARTMENT procedures.

Section 10. Insurance.

The OPERATOR shall maintain the following minimum levels of insurance from an insurance carrier admitted in California:

A. Minimum Scope of Insurance:

1. Insurance Services Office Commercial General Liability coverage (Occu rren ce for CG 0001).

2. Insurance Services Office Form Number CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 (any auto).

3. Workers' Compensation Insurance as required by the State of California and Employers' Liability Insurance.

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B. Minimum Limits of Insurance:

1. Commercial Business Automobile Liability: $1,000,000 per accident for bodily injury and property damage with a combined single limit for Class A TOW TRUCKS. The combined single limits for Class B, C, and D TOW TRUCKS shall be not less than $1,000,000. These minimum standards are to include non -owned and hired auto coverage.

2. Employers Liability: $1,000,000 per accident for bodily injury or disease.

3. On -Hook Coverage: Insuring the vehicle in tow with limits based on the size of the TOW TRUCK.
a. Class A TOW TRUCK $ 75,000
b. Class B TOW TRUCK $100,000
C. Class C TOW TRUCK $200,000
d. Class D TOW TRUCK $250,000

4. Garage Liability: Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $500,000.

5. Garage Keepers Liability: Shall be the same minimum as on -hook coverage for vehicles in the care, custody, and control of the OPERATOR in the storage yard.

6. Uninsured Motorist: Legal minimum, combined single limit.

7. In no case shall the required insurance coverage have a deductible greaterthan $1,000.

C. Deductibles and Self -Insured Retention:

Any deductible or self -insured retention must be declared to and approved by the CITY. At the option of the CITY, either: the insurershall reduce or eliminate such deductibles or self -insured retention as respects to the CITY and the YUCAIPA POLICE DEPARTMENT, and theirofficers, officials, employees and volunteers: or the OPERATOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions:

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The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:

The CITY and the YUCAIPA POLICE DEPARTMENT, and their officers, officials, agents, employees, and volunteers are to be covered as insured with respect to liability arising out of automobile owned, leased, hired or borrowed by or on behalf of the OPERATOR; and with respect to liability arising out of work or operations performed by or on behalf of the OPERATOR undertheAgreement including materials, parts or equipment furnished in connection with such work or operation. General liability coverage can be provided in the form of an endorsement the OPERATOR'S insurance, or as a separated owner's policy.

2. For anyclaims related to this AGREEMENT, the OPERATOR'S insurance coverage shall be primary insurance as respects the CITY and the YUCAIPA POLICE DEPARTMENT, and their officers, officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the CITY or the YUCAIPA POLICE DEPARTMENT, and their officers, officials, agents, employees, and volunteers shall be excess of the OPERATOR'S insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by the OPERATOR, except after th irty (30) days' priorwritten notice by certified mail, returned receipt requested, has been given to the CITY.

4. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY and the YUCAIPA POLICE DEPARTMENT, and their officers, official, agents, employees or volunteers.

E. Acceptability of Insurers:

Insurance is to be placed with insurerswith a current A.M. Best's rating of no less than A:VII.

F. Verification of Coverage:

OPERATOR shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this Section. The endorsements should be on forms provided by the CITY or on other forms or policies that are approved by the CITY and amended to conform to the CITY'S requirements. All certificates and endorsements are to be received and approved by the CITY before service commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

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Section 11. Inspections.

A. The YUCAIPA POLICE DEPARTMENT may conduct annual inspections of all TOW TRUCKS, at no charge to the OPERATOR and without noticed uringnomnal business hours.

The OPERATOR shall not dispatch a TOW TRUCK in response to a YUCAIPA POLICE DEPARTMENT or CITY Code Enforcement Division call that has been found in violation of the terms and conditions of th is Agreement. The YUCAIPA POLICE DEPARTMENT shall inspecta TOW TRUCK within thirty(30) calendar days of a request from an OPERATOR.

1. Any OPERATOR who fails an inspection is entitled to only one re - inspection. Failure to pass the re -inspection shall be cause for the disqualification of the TOW TRUCK from use on the LIST. The TOW TRUCK shall be disqualified until the next enrollment period.

Section 12. Business Records.

A. The OPERATOR shall maintain records, at his/her place of business, of tow services furnished.

1. Invoices shall at a minimum include a description of vehicle(s), nature of service, start time, end time, location of call, and itemized costs of towing and storage.

2. Records for each call shall indicate the TOW TRUCK driver's name and truck used,
B. The OPERATOR shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, FCC licensing, and non -CITY/ YUCAIPA POLICE DEPARTMENT tows.

C. The CITY/ YUCAIPA POLICE DEPARTMENT may inspect all OPERATOR's records without notice during normal business hours.

D. OPERATOR shall permit the CITY/ YUCAIPA POLICE DEPARTMENT to make copies of business records at their place of business, or to remove business records for th e purpose of reproduction.

1. The CITY/ YUCAIPA POLICE DEPARTMENT shall provide a receipt for any original records removed from the place of business.

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E. Records shall be maintained and avaiIable for inspection fora period of two years plus the current term of this Agreement.

F. Failure of the OPERATOR to comply with the inspection requirements shall be cause for SUSPENSION, if deemed appropriate by the CITY/YUCAIPA POLICE DEPARTMENT.

Section 13. Financial Interest.

A. No OPERATOR shall be directly involved in the towing related business of any other OPERATOR. "Directly involved" shall mean anything in common between OPERATORS with regards to any of the following:

1. Business Licenses;

2. Being listed on the same insurance policy;

3. TOW TRUCK or Equipment Ownership, and;

4. Employees and independent contractors.

B. Storage facilities owned by an OPERATOR, and shared with another OPERATOR, shall only be approved if the OPERATOR charges for the space exclusively on a flat monthly rate rather than a vehicle -by -vehicle basis, or combination thereof.

1. Storage facilities shared by OPERATORS shall be physically separated and secured from each other. The CITY may waive this requirement in writing if deemed appropriate.

C. The sale or transfer of the controlling interest (50% or more) in an OPERATOR shall immediately terminate the Agreement. The new owner(s) may applyto be a part of the LIST at anytime during the remainderof the current Agreement term, regardless of the ENROLLMENT PERIOD.

D. A terminated or suspended OPERATOR and the tow business he/she owned at thetime of his/her SUSPENSION or TERMINATION shall notbe eligibleto be on the LIST for the duration of the SUSPENSION or TERMINATION.

1. This provision applies to the OPERATOR working in any capacity within any tow business, or operating any tow business, and to the tow business, even if operated under new ownership.

E. Any violation of this Section is cause for SUSPENSION, if deemed appropriate by the CITYIYUCAIPA POLICE DEPARTMENT.

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Section 14. Annual Meetin
A. The CITY/ YUCAIPA POLICE DEPARTMENT may conduct an annual meeting to discuss issues concerning the tow rotation if it is determined that problems have surfaced and/or operational issues may necessitate a change in the administrative procedures. The meeting shall be mandatory for the OPERATOR or his/her designee wishing to remain on rotation. The CITY shall give the OPERATOR thirty days written NOTICE of such a meeting.

Section 15. Demeanor and Conduct.

A. While involved in the PROGRAM, the OPERATOR and/or his/her employee(s) shall conduct themselves in a manner which places the highest priority on providing exceptional customer service for the CITY and shall refrain from any act(s) of misconduct, to include, but not be limited to, any of the following:

Rude or discourteous behavior.

2. Lack of service, selective service, or refusal to provide service which the OPERATOR is/should be capable of performing.

3. Any act of sexual harassment or sexual impropriety.

4. Unsafe driving practices.

5. Exhibiting any objective symptoms of alcohol and/or drug use.

6. Appearing at the scene of a CITY rotation tow call with the odor of an alcoholic beverage emitting from his/her breath.
a. The OPERATOR / TOW TRUCK driver shall submit to a
preliminary alcohol screening test upon demand of the YUCAIPA POLICE DEPARTMENT.

B. All CITY -related tow service complaints received by the CITY againstthe OPERATOR or his/heremployee(s) will be accepted and investigated in a fair and impartial manner. As a result of the investigation, the CITY may initiate disciplinary action as deemed appropriate. In any event, the OPERATOR will be notified of the results of any investigation.

C. Should the filing of criminal charges be a possibility, the CITY/YUCAIPA POLICE DEPARTMENT will conduct the investigation to conclusion or assist the lead investigating agency, and, if warranted, request prosecution.

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D. Any violation of Subsection A above is cause for SUSPENSION or TERMINATION, if deemed appropriate by the CITY/ YUCAIPA POLICE DEPARTMENT.

Section 16. Compliance with Law.

A. The OPERATOR and his/her employee(s), shall at all times, comply, and perform all services in accordance with, the rules and regulations contained herein and all Federal, State, and Local laws and ordinances applicable to the OPERATOR (Referto AttachmentA) as well as with generally accepted standards for performing similar services. CITY has relied upon OPERATOR'S representation of skill and expertise as an inducement for entering into this Agreement. The OPERATOR shall keep itself apprised of all laws pertaining to the tow industry including, but not limited to, the requirements set forth in the California Vehicle Code and California Civil Code.

In the event of a minor traffic violation(s) by the TOW TRUCK driver(s) which is/are known by the CITY, the OPERATOR shall be advised of the violation(s) by the CITY. The OPERATOR will be granted the opportunity to take necessary steps to ensure that his/her driver(s) drive(s) in compliance with law. Any su bsequ ent traffic violation(s) may be cause for disciplinary action against the OPERATOR and/or the involved employee(s).

2. Any traffic violation(s) may, at the discretion of the CITY, be cause for immediate disciplinary action against the OPERATOR and/or the involved employee(s).

B. The provisions contained in this Section, Compliance with Law, do not preclude the CITY from taking appropriate enforcement or administrative action for any violations of law.

C. Any conviction of the OPERATOR involving a stolen orembezzled vehicle, fraud related to the towing business,stolen or embezzled property, a crime of violence, a drug related offense, felony driving while underthe influence of alcohol and/or a drug, misdemeanor driving while underthe influence of alcohol and/ora drug while involved in a CITY/ YUCAIPA POLICE DEPARTMENT rotation tow call, or moral turpitude shall be cause for TERMINATION of the Agreement.

D. Any conviction of an employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen orembezzled property, a crime of violence, a drug related offense, felony driving while underthe influence of alcohol and/or a drug, misdemeanor driving while underthe influenceof alcohol and/ora drug

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while involved in a CITY / YUCAIPA POLICE DEPARTMENT rotation tow call, or moral turpitude maybe cause for termination.

E. If an OPERATOR, or employee, is arrested/charged for a violation involving any of the above crimes, the OPERATOR may be SUSPENDED until the case is adjudicated.

F. The OPERATOR shall strictly comply with all Federal, State and Local laws and Regulations, including, but not limited to the Immigration Reform and Control Act of 1986, codified at 8 U.S.C. §§ 1324a and 1324b (the "IRCA"), which require and ensure the hiring and retention of employees who are United States citizens, permanent residents and/or who are otherwise authorized by law to work in the United States of America, and, as required by the IRCA, shall affirmatively verify the identity and employment authorization of every employee as a condition of employment or continued employment.The OPERATOR shall furtherinclude this requirement in any subcontract made pursuant to this Agreement.

Section 17. Compliance with Agreement.

A. The OPERATOR agrees, as a condition of inclusion on the LIST, to comply with the terms and conditions of this Agreement. Furthermore, the OPERATOR agrees that failure by the OPERATOR or the OPERATOR's agents, employees, or independent contractors, to comply with these terms and conditions shall be cause for WRITTEN REPRIMAND, SUSPENSION or TERMINATION by the CITY. Alleged violations of the Agreement will be investigated by the CITY/ YUCAIPA POLICE DEPARTMENT. The OPERATOR will be notifiedof the CITY/ YUCAIPA POLICE DEPARTMENT'S findings within thirty (30) days of the initiation of the investigation.

Section 18. Suspension.

A. The CITY may take disciplinary action against OPERATOR for violations investigated and confirmed or sustained.

1. The CITY shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement.

2. Aviolation ofthe equ ipmentrequirements related to safety shallbecause for immediate SUSPENSION. The period of the SUSPENSION shall be determined by the CITY/ YUCAIPA POLICE DEPARTMENT. The SUSPENSION will remain in effect until the period of SUSPENSION is completed and the YUCAIPA POLICE DEPARTMENT has conducted an inspection and found that the OPERATOR is in compliance.

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3. A violation of the GVWR and safe loading requirements of a TOW TRUCK shall be cause for immediate SUSPENSION. This includes exceeding the TOW TRUCK's GVWR, front axle weightrating, rear axle weightrating, maximum tire weight ratings, or not maintaining fifty percent (50%) of the TOW TRUCK'S unladen weight on the front axle when lifting/carrying a load.

4. A violation of overcharging shall be cause for SUSPENSION. The period of the SUSPENSION shall be determined by the CITY. The SUSPENSION will remain in effect until the period of SUSPENSION is completed and the OPERATOR haspresented proof to theCITY that reimbursementhas been made to the aggrieved customer(s).

5. A violation of the Biennial Inspection of Terminals (BIT) Program requirements shall be cause for SUSPENSION. The period of the SUSPENSION shall be determined by the CITY/YUCAIPA POLICE DEPARTMENT. The SUSPENSION will remain in effectuntil the period of SUSPENSION is completed and the OPERATOR has presented proof of compliance with the BIT requirements. Any unsatisfactory rating shall be cause for SUSPENSION.

6. Failure of the OPERATOR to satisfy a court mandated reimbursement to the vehicle or property owner for the damage or loss which occurred while the vehicle was in his/her custody will result in a SUSPENSION. The period of the SUSPENSION shall be determined by the CITY. The SUSPENSION will remain in effect until the period of suspension is completed and the OPERATOR has presented proof of the reimbursement.

7. Failure of the OPERATOR to comply with the inspection requirements of this Agreement will result in a SUSPENSION.The period of the SUSPENSION shall be determined by the CITY. The SUSPENSION will remain in effect until the period of SUSPENSION is completed and the OPERATOR has compliedwith the inspection requirement.

8. Failureof the OPERATOR to maintain the minimum insurance requirements set forth in the Agreement is a major violation of the Agreement and will result in TERMINATION of the Agreement.

9. Failure of the OPERATOR or employee to comply with Section 15, Demeanor and Conduct, and/or Section 16, Compliance with Law, of this Agreement, may be cause for SUSPENSION if deemed appropriate by the CITY. a. Minor traffic violations may be considered as minor violations of the Agreement.
b. A TOW TRUCK driver, not under the immediate observation of the

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OPERATOR, whileon -duty and driving a TOW TRUCK, who is arrested and subsequently convicted for misdemeanordriving underthe influence of alcohol and/or drugs, will be subject to SUSPENSION from participating as a TOW TRUCK driver under the provisions of this Agreement. The length of SUSPENSION will beat the CITY'S discretion.

B. If the OPERATOR is serving a SUSPENSION for one year or more, he/she shall be required to comply with all terms and conditionsof the current Agreement at the time of the reinstatement. There will be no approval of equipmentthat is not in compliance with the equipment specifications contained in the Agreement at the time of the reinstatement.

Section 19. Termination.

A. Notwithstanding any other provision in this Agreement, the CITY may terminate t his Agreement in its sole and absolute discretion, with or without cause, at any time by giving at least 24 hou rs' written notice of termination to OPERATOR. In the event such notice is given, OPERATOR shall cease immediately all work in progress.

B. OPERATOR may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

C. If either OPERATOR OR CITY fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either OPERATOR, or CITY may terminate this Agreement immediately upon written notice.

Section 20. Midterm Review of the Terms and Conditions of the Agreement.

A. The purpose of this Section is to provide a process for a midterm review of the terms and conditions of the Agreement in the eventthat there is a legitimate and substantial change in conditions orlaw affecting the OPERATORS. OPERATOR shall meetwith CITY within 30 days of receipt of notice from CITY that a midterm review is required. Examples of conditions may include, but not be limited to:

1. Substantial increase or decrease in business expenses.

2. Advances in technology in the industry related to safety issues.

3. Changesin law requiring the CITY orthe OPERATORS to perform specific functions or operations in order to comply.

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4. Proposed changes to the terms and conditionsag reed upon by the CITY and the OPERATORS at the time that the Agreement was signed (e.g. response times).

Section 21. Advertising.

A. The OPERATOR shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the CITY or the Department of Motor Vehicles.

Examples of prohibited displays include "Official CITY Tow", "Approved by the CITY", "CITY Rotation Tow", etc.

2. This will not preclude the CITY from implementing a system to mark and identify particularTOW TRUCKS as having passed the CITY'S inspection oras being assigned to specific TOW DISTRICTS within the CITY.

B. Any violation of this Section is cause for SUSPENSION. At a minimum, the SUSPENSION should beforthe duration of the advertisement.

Section 22. Reserved.

Section 23. Term.

This Agreement shall begin on the date first written above and terminate on December 31, 2025.

Section 24. Indemnification, Defense and Hold Harmless.

A. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Claims" hereinafter) OPERATOR shall defend, hold harmless and indemnify the CITY, the YUCAIPA POLICE DEPARTMENT, and their respective elected officials, officials, employees, contractors acting as public officials, subcontractors, agents, and volunteers ("Indemnitees")with respect to any and all Claims, including but not limited to, Claims relating to death or injuryto any person and injuryto any property, which ariseoutof, pertainto, or relate to acts oromissions of OPERATOR or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by th e agreement of the Parties. Operator shall defend Indemnitees in any action or actions filed in connection with anysuch Claims with counsel of CITY'S choice, and

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shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. This Section shall survive the expiration ortermination of this Agreement.

Section 25. Independent Contractor.

A. The OPERATOR is, and shall be, acting at all times in the performance of this Agreement an independent contractor, and notan officeror employee or agentof the CITY/ YUCAIPA POLICE DEPARTMENT. OPERATOR shall have no authorityto bind CITY in anymanner, norto incur any obligation, debt, or liability of any kind on behalf of oragainstCITY, whetherby contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by CITY. OPERATOR shall secure at its own expense, and be responsible for any and all payments of all taxes, social security, State disability insurance compensation, unemploymentcompensation and other payroll deductions for OPERATOR and its officers, agents and employees and all business licenses in connection with services to be performed hereunder.

B. The personnel performing the Services under this Agreement on behalf of OPERATOR shall at all times be under OPERATOR's exclusive direction and control. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conductof OPERATOR or any of OPERATOR's officers, employees, subcontractors, or agents except as set forth in this Agreement. OPERATOR shall not at any time or in any manner represent that OPERATOR oranyofOPERATOR's officers, employees, oragents are in any manner officials, officers, employees or agents of CITY.

C. Neither OPERATOR , nor any of OPERATOR's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefitswhich may otherwise accrue to CITY's employees. OPERATOR expressly waives anyclaim OPERATOR may have to any such rights.

Section 26. Reserved.

Section 27. Assignment of Agreement.

This Agreement shall notbe delegated or assigned by OPERATOR to any other person or entity without the priorwritten consent of CITY.

Section 28. Notices.

All notices, requests, demands or other communications required to be given in writing underthis Agreement shall be deemed to have been given, if delivered in person, or

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when received id mailed by Certified Mail with Return to Receipt Requested, or otherwise actually delivered.

Notice to CITY shall be sentto both:

City of Yucaipa City of Yucaipa Police Department
34272 Yucaipa Boulevard AND 34144 Yucaipa Boulevard
Yucaipa, CA 92399 Yucaipa, CA 92399
Attention: City Manager Attention: Police Captain
(909)797-2489 (909) 918-2305
Notice to OPERATOR shall be sent to:

Attention: Owner
Section 29. Amendment.

No amendmentto or modification of this Agreement shall be valid unless made in writing and approved by OPERATOR and by CITY. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

Section 30. Enti
The foregoing Agreement, including Attachments A and B hereto, constitute the entire Agreement of the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements between the Parties. This Agreement may be amended only by an instrument in writing which expressly refers to this Agreement and specifically states that it is intended to amend it.

Section 31. Severabil
The City Council hereby declares it would have approved this Agreement, and each Section, subsection, sentence, clause, phrase, or portions thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions thereof be declared invalid or unconstitutional. If for any reason any portion of this Agreement shall be declared invalid or unconstitutional, then all other provisions hereof shall remain valid and enforceable.

Section 32. Execution.

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This Agreement may be executed in several counterparts each of which shall constitute but one and the same Agreement. The person or persons executing this Agreement on behalfof OPERATOR represents and warrants that he/she/theyhas/havethe authorityto so execute this Agreement and to bind OPERATOR to the performance of its obligations hereunder.

Section 33. Governing LawNen u e.

The CITY and OPERATOR understand and agreethat the laws of the State of California shall govern the rights, obligations, duties and liabilities of the Parties to this Agreement and also govern the interpretation of this Agreement. In the event of litigation between the Parties, venuein state trial courts shall lie exclusively in theCountyof San Bernardino, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

Section 34. Attorney's Fees.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney'sfees, costs and expenses, in addition to any other relief to which it may be entitled. In such litigation or proceeding shall the award of attorney's fees, costs and expenses or other relief exceed the actual attorney's fees, costs and expenses incurred by the CITY in such litigation or proceeding.

Section 35. Time of the Essence.

Time is of the essence foreach and every provision of this Agreement.

Section 36. Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall notconstitute a waiverof any otherterm, condition, or covenant. Waiver by any Party of any breach of the provisionsofthis Agreement shall notconstitute awaiver of anyother provision nora waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by CITY of any work or services by OPERATOR shall not constitute a waiver of any of the provisions of this Agreement.

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IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year firstwritten above.

CITY OF YUCAIPA
Jon Thorp, Mayor
ATTEST
In

OPERATOR
Owner/ Representative Signature
Print Name:

APPROVED AS TO FORM:

By:

Ana Sauseda, City Clerk , City Attorney

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ATTACHMENT A
I. GENERAL EQUIPMENT SPECIFICATIONS AND USE REQUIREMENTS A. TOW TRUCK and Car Carrier Classifications

1. TOW TRUCK and car carrier classifications are based on the tru ck
chassis manufacturer's Gross Vehicle Weight Rating
(GVWR), and the classification system used by the
American Trucking Association and truck manufacturers.
a. Class 3 - 10,000 — 14,000 pounds GVWR
b. Class 4 - 14,001 — 16,000 pounds GVWR
C. Class 5 - 16,001 — 19,500 pounds GVWR
d. Class 6 - 19,501 — 26,000 pounds GVWR
e. Class 7 - 26,001 — 33,000 pounds GVWR
f. Class 5 - 33,001 or more GVWR
B. Equipment Limitations

1. All towing equipment, recovery equipment, and carrier ratings are
based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected.

C. Towing Limitations

1. The criteria to determine the safe towing limits for a truck are:
a. The total weightof the truck, including the lifted load, mustfall within the Manufacturer's Gross Vehicle Weight Rating
(GVWR) and notexceed eitherthe Front or Rear Axle Weight Ratings (FAWR, RAWR).
b. The truck must meet all applicable State and/or Federal Standards.

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C. For proper steering and braking, the front axle load must be at least 50% of its normal or unladen weightafter the load is lifted.

D. Identification Labels

1. Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identifythe manufacturer, serial number, model, and rated capacity.

E. Recovery Equipment Rating

1. The basic performance rating of the recovery equipment is the weightthe equipmentcan liftin a winching mode,when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell).
a. The structural design of the recovery equipment must have a higher load capacity than the performance rating(s).
b. Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE)
Handbook, SAE 1706.

C. All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain
assemblies should be the same type, construction, and rating as specified by the Original Equipment Manufacturer(OEM) forth equipment.

F. Safety Chains

1. Safety chains shall be rated at no less than the rating specified by the OEM

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G. Control / Safety Labels

1. All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions.

TOW TRUCK Classifications and Equipment Specifications
A. Class A TOW TRUCK

1. Equipment Specifications
a. 10,000 — 19,500 pounds GVWR Chassis
b. 4-ton recovery equipment rating
C. Hydraulic or mechanical winch(es)
d. 100 feet 3/8" X 19 cable or Original Equipment
Manufacturer's (OEM) Specifications
e. Tow chains, 5/16" alloy or OEM Specifications, J/T Hook assembly
f. Safety chains, 5/16" alloy or OEM Specifications
g. Tow sling rating 3,000 pounds
h. Wheel lift safety straps
i. Tow dolly
j. One 3-ton snatch block
k. Wheel lift rating -retracted 3,000 pounds
-95" extension 3,000 pounds

2. Class A Car Carrier — One Car
a. Equipment Specifications
1) 10,000 — 19,500 pounds GVWR Chassis
2) Hydraulic or mechanical winch
3) 50 feet 3/8" 6 X 9 cable or OEM Specifications

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4) J/T Hook loading bridle / chains
5) Safety chains, 5/16" alloy or OEM Specifications; two pairs of safety chains forth vehicle being transported

3. Class A Car Carrier— Two Cars
a. Equipment Specifications
1) 16,001 — 19,500 pounds GVWR Chassis
2) Hydraulic or mechanical winch
3) 50 feet 3/8" 6 X 19 cable or OEM Specifications
4) J/T Hook loading bridle / chains
5) Safety chains 5/16" alloy or OEM Specifications, two pairs of safety chains forthe vehicle being transported and two safety chains for the vehicle being towed
B. Class B TOW TRUCK

1. Equipment Specifications
a. 19,501 — 33,000 pounds GVWR Chassis
b. Air brakes or hydraulic w/air hookup package
C. 14 ton recovery equipment rating
d. Hydraulic or mechanical winch(es)
e. 150 feet 7/16" 6 X 19 cable or OEM Specifications
f. Tow chains, 1/2" alloy or OEM Specifications
g. Safety chains, 1/2" alloy or OEM Specifications
h. Tow sling rating 7,000 pounds
i. Two 8-ton snatch blocks
j. Wheel lift safety straps
k. Wheel lift or Under lift rating retracted 10,000 pounds

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C
C

2. Class B Car Carrier
a. Equipment Specifications
1) 19,501 pounds or more GVWR Chassis
2) Hydraulic or mechanical winch
3) 50 feet 3/8" 6 X 19 cable or OEM Specifications
4) XT Hook loading bridle / chains
5) Safety chains 5/16" alloy or OEM Specifications, two pairs of safety chains forthe vehicle being transported and two safety chains forthe vehicle being towed
Class C TOW TRUCK

1. Equipment Specifications
a. 33,000 — 50,000 pounds GVWR Chassis, 200" wheelbase
b. 200" wheelbase with truck hitch
C. 240" wheelbase with under -lift
d. Air brakes w/air hookup package
e. 25 ton recovery equipment rating
f. Hydraulic or mechanical winch(es)
g. 200 feet 5/8" 6 X 19 cable or OEM Specifications
h. Tow chains, 5/8" alloy or OEM Specifications
i. Safety chains, 5/8" alloy or OEM Specifications
j. Tow sling rating 12,000 pounds
k. Two 12-ton snatch blocks
I. Under lift rating
Class D TOW TRUCK

1. Equipment Specifications
-retracted 25,000 pounds
-100" extension** 12,000 pounds

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a. 50,000 pounds GVWR Chassis, 300" wheelbase
b. 240" wheelbase with truck hitch
C. A minimum of 270" wheelbase with under -lift
d. Air brakes w/air hookup package
e. 30 ton recovery equipment rating
f. Hydraulic or mechanical winch(es)
g. 250 feet 3/4" 6 X 19 cable or OEM Specifications
h. Tow chains, 5/8" alloy or OEM Specifications
i. Safety chains, 5/8" alloy or OEM Specifications
j. Tow sling rating 20,000 pounds
k. Two 12-ton snatch blocks

1. Under lift rating -retracted 32,000 pounds
-100" extension" 16,000 pounds
Measured from the center line of the rear axle of the
towing vehicle to 10 inches behind the back face of the lifting bar.
** Measured from the center line of the rear axle to the center of the lift forks.

III. Auxiliary Equipment
A. Class A

1. For each type or classification of towing equipment (sling, wheel lift, or carrier), certain types of equipment are required:
a. Required Equipment
1) Towing Sling — a J/T Hook tow chain assembly, a 4" X 4" X 48" and a 4" X 6" X 60" wooden crossbeam, a pair
of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains

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2) Wheel Lift —wheel safety straps, steering wheel
clamp, towing dolly, and safety chains
3)
Car Carrier — J/T Hook loading bridle, a 4" X 4" X 48"
and a 4" X 4" X 60" wooden crossbeam, a pair of
spacer blocks, and two pairs of safety chains
4)
Extension — Brake and tail lamps
5)
Fire Extinguisher
6)
Broom
7)
Shovel
8)
Reflective Triangles
9)
Flares
10)
Trash can with absorbent
11)
One 3-ton rated snatch block
12)
Shop to truck radio (C/B excluded)
b. Service and Other Equipment — For service calls, each TOW TRUCK shall be equipped with the following service
equipment:
1)
Adequate emergency supply of fuel in an approved
container
2) Booster battery or hot box starting system
3) Hydraulicjack capable of handling passenger cars
and lighttrucks
4) Metric and Standard lug wrenches
5) Rubber mallet/hub cap tool
6) Lockout tools
7) Motorcycle straps
8) First Aid Kit
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9) Tool kit —should include:
a)
Assorted open end wrenches; Standard, 1/4"-
7/8" and Metric, 6 — 19 mm
b)
Assorted screwdrivers; Straight blade and
Phillips
c)
Crescent wrench
d)
Ball peen hammer
e)
Pliers
f)
Battery and terminal cleaning tools
g)
Pointfile
h)
Allen wrench for Deco distributors
i)
Mechanic's wire
j)
Plastic electrical tape / duct tape
k)
Tire valve core tool
1)
Miscellaneous fuses
m) Small pry bar
n) Shop rags
o) Flashlight
p) Socket Sets; 1/4" — 1 "and 6 — 19 mm
q) Ratchet and extensions
10) Sledge hammer
11) Bolt cutters
12) Crow bar
A. Class B

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1. For each type or classification of towing equipment (sling, wheel lift or carrier), certain types of equipment are required:
a. Required Equipment
1) Towing Sling — a J/T Hook tow chain assembly, a 4" X 4" X 48" and a 4" X 4" X 60" wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains
2) Wheel Lift— wheel safety straps, steering wheel clamp, towing dolly, and safety chains
3) Truck Hitch — tow chain assembly, 4" X 4" X 60" and 6" X 6" X 60" wooden crossbeams (as necessary), aluminum tow angle(s), and safety chains
4) Under Lift — an assortment of lift forks / adapters, safety tie down chains and safety chains
5) Extension —Brake and tail lamps
6) Fire Extinguisher(s)
7) Broom
8) Shovel
9) Reflective Triangles
10) Flares
11) Trash can with absorbent
12) Two 8-ton rated snatch blocks
13) Axle covers / caps
14) Air hoses and necessary fittings to provide air to the towed vehicle 15) Shop to truck radio (C/B excluded)
b. Service and Other Equipment — For service calls, each TOW TRUCK shall be equipped with the following service equipment:
1) Refer to Class A, Service and Other Equipment (III A,

1.b. above)
C. Classes C and D

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1. For each type or classification of towing equipment, certain types of equipment are required:
a. Required Equipment
1) Towing Sling— a tow chain assembly, a 4" X 4" X 60"
and a 6" X 6" X 60" wooden crossbeam, a pairof spacer
blocks, a steering wheel clamp, and safety chains
2) Truck Hitch — tow chain assembly, 4" X 4" X 60" and 6" X 6" X 60" wooden crossbeams (necessary), aluminum
tow angle(s), and safety chains
3) Under Reach — assortment of lift forks / adapters,
safety tie down chain(s) and safety chains
4) Extension Brake and tail lamps
5) Fire Extinguisher(s)
6) Broom
7) Shovel
8) Reflective Triangles
9) Flares
10) Trash can with absorbent
11) Steering wheel clamp
12) Two 12-ton rated snatch blocks
13) Axle covers / caps
14) Air hoses and necessary fitting to provide air to the towed vehicle
15) Shop to truck radio (C/B excluded)
b. Service and Other Equipment — For service calls, each TOW TRUCK shall be equipped with the following service
equipment:
1) Referto Class A, Service and Other Equipment(III A,

1.b. above) forgeneral service equipment requirements.

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ATTACHMENT B
OPERATOR'S Submitted Proposal

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ATTACHMENT 2
05/12/2025 City Council Agenda 300

ORDINANCE NO. 456

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING CHAPTER 10.20 TO TITLE 10 OF THE

YUCAIPA MUNICIPAL CODE REGARDING VEHICLE TOWING
WHEREAS, the City of Yucaipa needs the services of one or more privately -owned towing companies to aid in the enforcement of parking and traffic laws, to tow damaged or inoperable vehicles, and to transport and store vehicles subject to police investigations; and WHEREAS, establishing a rotational program will contribute to an efficient implementation of the City's towing ordinance, encourage a fair and equitable selection of towing providers, and ensure a high level of service; and
WHEREAS, this Ordinance is intended to ensure minimum standards for selecting towing providers, for the safe operation of those towing providers, and to maintain consistent procedures for city -initiated towing; and
WHEREAS, the City Council of the City of Yucaipa desires to establish such procedures to promote public health, safety, and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Municipal Code Amendment.

Chapter 10.20, "Vehicle Towing," is hereby added to Title 10 of the Yucaipa Municipal Code to read as follows:

Chapter 10.20 Vehicle Towing

10.20.010 Purpose
The purpose of this chapter is to establish towing regulations regarding non-consensual towing services initiated by the Yucaipa Police Department, or other authorized agents. This chapter is also intended to create a rotational tow program to promote the public health and safety by ensuring equitable and consistent standards for tow services.

10.20.020 Requirements for Towing
No person shall provide towing services for the City or its Police Department without first obtaining approval from the City's Planning Division, complying with the provisions of this chapter, and entering into a towing services agreement with the City. (MHZ b' ty2Council Agenda 301

10.20.030 Rotation Program
If the City selects more than one towing provider, the City Manager (CM) or his/her designee shall develop a rotation program to manage the towing services. The CM or his/her designee may promulgate additional rules and specifications for the rotation program.

10.24.040 Selection of Towing Providers
A. Request for Qualifications. In order to select a towing provider, the City shall distribute a notice requesting qualifications to provide towing services. The City shall follow the procedures set forth in Section 2.24.150 of this Code to select one or more qualified towing company. In addition, the content of the request for qualifications shall be determined by the CM or his/her designee, and shall include at a minimum:

1. Specifications, terms, conditions, and performance standards for towing services; and

2. Procedure for evaluating proposals and selecting a towing provider.

B. By resolution, the city council shall award an agreement to a towing provider to whom the city council determines is the most qualified to provide towing services.

10.24.050 Requirements for Towing Providers
A. Towing Services Agreement. Towing providers must enter into a towing services agreement with the City in a form approved by the City Attorney within 30 calendar days after being selected. The towing service agreement shall be consistent with the provisions of this chapter and shall include, without limitation, at least the following provisions:

1. Minimum requirements and performance standards for tow vehicles and other equipment, vehicle storage facilities, tow drivers and other personnel, and non-consensual towing services.

2. A provision to defend, hold harmless and indemnify the City from any liability arising out of, pertaining to, or relating to acts or omissions of the towing provider in connection with the towing services agreement.

3. Minimum insurance requirements to the satisfaction of the Risk Manager.

4. Grounds for its suspension and termination. Notwithstanding any other provision of this Chapter or any towing services agreement, the City shall have the right to terminate any towing services agreement at any time and without cause by giving written notice before the effective date of such termination.

5. Maximum rates and charges.

10.24.060 Authority of City to maintain own towing services and facilities Nothing in this Chapter shall be construed to restrict or prohibit the City from conducting its own towing operations or maintaining its own towing storage yard, either in lieu of, or in addition to any towing providers selected by the City pursuant to this Chapter. 0MSUM50VCouncil Agenda 302

10.20.070 Enforcement and Penalties
Any violation of this Chapter is unlawful and shall constitute a public nuisance. The City may abate such violations using any remedy provided by law or equity, including, but not limited to, the remedies contained in Chapter 1.12 of this code.

Section 2. Severability.

Section 3. CEQA.

Section 4. Effective Date. This Ordinance shall be effective on the 31 st day following its adoption by the City Council.

Section 5. Publication and Posting. The Mayor shall sign this Ordinance, and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.

PASSED, APPROVED and ADOPTED this
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
day of , 2025.

Jon Thorp, Mayor

APPROVED AS TO FORM
Steven Graham Pacifico
City Attorney
(d&1 0G--%-Gbtg Council Agenda
303

CITY OF
Q�

AGENDA REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
FROM: Trevor Benson, Public Safety Manager
ItemNo. 19
SUBJECT: Ordinance No. 457 - Amending Fireworks Fines to Address Extreme Fire Risk RECOMMENDATION:

That the City Council approve the introduction and first reading of Ordinance No. 457, an Ordinance of the City Council of the City of Yucaipa, California, adding Chapter 8.40 to Title 8 of the Yucaipa Municipal Code regarding fireworks.

BACKGROUND/DISCUSSION :

The City of Yucaipa is uniquely situated in the foothills of the San Bernardino Mountains, surrounded by wildland urban interface(WUI) zones that are highly susceptible to wildfires. With ongoing drought conditions, low humidity, and increasing average temperatures, the risk of fast-moving and destructive wildfires has escalated significantly.

The use of illegal fireworks presents an immediate and substantial threat to life, property, and the environment. Despite ongoing public outreach, enforcement efforts, and public safety campaigns, illegal fireworks activity continues to occur annually, especially around the Fourth of July and New Year's Eve.

Fire Risk and Geographic Considerations
Yucaipa's geographic location places much of the city adjacent to or within high fire hazard severity zones, as defined by Cal Fire. The presence of dry brush, steep terrain, and prevailing winds create ideal conditions for rapid fire spread. A single firework in these conditions can ignite a fire that endangers homes, disrupts emergency services, and jeopardizes lives.

In recent years, several Southern California communities with similar risk profiles have experienced major wildfires sparked by fireworks or other negligent behavior. Preventing such incidents is a top public safety priority for Yucaipa.

Current Enforcement Challenges
The current administrative fine of $100 for a fireworks violation is insufficient to deter illegal activity.

In practice, the relatively low penalty does not reflect the true public safety hazard posed by fireworks use. It also fails to incentivize responsible behavior during high -risk periods.By comparison, cities facing similar fire risksincluding those in San Diego, Orange, and Los Angeles Counties —have 05/12/2025 City Council Agenda 304

facing similar fire risks —including those in San Diego, Orange, and Los Angeles Counties —have adopted significantly higher fines ranging from $1,000 to $5,000 for fireworks violations, with demonstrated reductions in violations following implementation.

Proposed Fine Structure
The proposed revision to the fine structure is as follows:

First Violation: $1,500
Second and Subsequent Violations: $3,000
These fines are in line with regional best practices and are intended to serve as a meaningful deterrent.

The increase will also support cost recovery for public safety responses, including fire suppression, emergency services, and code enforcement activities.

Comparison Neighboring Cities:

City of Banning
Up to $1,000. Subsequent fine of $1,000.

City of Beaumont
$1,000 for lst violation, $2,500 for 2na, $5,000 for each additional.

City of Calimesa
Up to $1,000. Subsequent fine of $1,000.

City of Colton *
$3,000 for lst violation, $5,000 for 2„a
City of Fontana*
$2,750 for lst violation, $5,500 for 2na, $11,000 for Yd.

City of Grand Terrace*
$2,750 for I" violation, $5,500 for 2na, $11,000 for Yd City of Highland
$1,000.00 fine for each violation.

City of Loma Linda
$100 for 1 St violation.

City of Rancho Cucamonga
$1,000 for each violation.

City of Redlands
Refers to California Health and Safety Code limits.

City of San Bernardino*
Illegally selling or using "safe and sane" fireworks fined $1,000 for lst, $2,500 for 2"a, and $5,000 for each additional. Illegal selling or using "dangerous" fireworks will be fined $2,500 for lst, $5,000 for 2nd, and $10,000 for each additional. Also, City has a $250 reward program.

County of San Bernardino*
Fines up to $1,250.

City of Yucaipa
$100 for 111 violation.

Note: * indicates the city permits "safe and sane "fireworks in designated areas In conclusion, given Yucaipa's elevated wildfire risk and continued illegal use of fireworks, increasing the administrative fines is a
necessary and proportionate measure to protect the community. Staff recommends that City Council adopt the proposed ordinance amending the fireworks fine structure to $1,500 for the first offense and $3,000 for subsequent offenses.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Attachment(s):

1. Ordinance No. 457

2. Fire Hazard Severity Zone Map -Yucaipa
Approved by
05/12/2025 City Council Agenda 305

ATTACHMENT 1
05/12/2025 City Council Agenda 306

ORDINANCE NO.457

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING CHAPTER 8.40 TO TITLE 8 OF THE YUCAIPA

MUNICIPAL CODE REGARDING FIREWORKS
WHEREAS, fireworks are currently regulated under Section 15.04.115 of the Yucaipa Municipal Code; and
WHEREAS, this Ordinance is intended to enhance enforcement capabilities to prohibit illegal fireworks; and
WHEREAS, the City Council of the City of Yucaipa desires stronger enforcement regulations to promote public health, safety, and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Municipal Code Amendment.

Chapter 8.40, "Fireworks," is hereby added to Title 8 of the Yucaipa Municipal Code to read as follows:

Chapter 8.40 Fireworks

8.40.010 Prohibition
A. Pursuant to Section 15.04.115 of this code, the storage, use, sale, possession, and handling of all fireworks is prohibited.

B. The provisions of this chapter shall be enforced by any authorized person designated by the City Manager, including but not limited to, the Police Department, Fire Department, Code Enforcement Division and Development Services Department -Public Works Rangers.

C. Any person authorized to enforce this chapter may seize, take, remove or cause to be removed, any fireworks.

D. Notwithstanding this chapter, fireworks displays require a permit as provided in Section

15.04.115 of this code.

8.40.020 Disposal
Any fireworks seized, taken, or removed fireworks under this chapter may be disposed of by the Fire Chief or the Police Department.

8.40.030 Exemptions
City -sponsored fireworks displays shall be exempt from the provisions of this chapter. 05/12/2025 City Council Agenda 307

10.20.080 Penalties
A. Any violation of this Chapter is unlawful and shall constitute a public nuisance. The City may abate such violations using any remedy provided by law or equity, including, but not limited to, the remedies contained in Chapter 1.12 of this code.

B. The City may issue administrative citations for any violation of this chapter. The penalties assessed for each administrative citation shall conform to the following amounts:

1. First violation: $1,500.

2. Second and subsequent violations: $3,000.

Section 2. Severability.

Section 3. CEQA.

Section 4. Effective Date.

This Ordinance shall be effective on the 31 st day following its adoption by the City Council. 05/12/2025 City Council Agenda 308

Section 5. Publication and Posting.

The Mayor shall sign this Ordinance, and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.

PASSED, APPROVED and ADOPTED this day of 52025.

ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
Jon Thorp, Mayor

APPROVED AS TO FORM
Steven Graham Pacifco,
City Attorney
05/12/2025 City Council Agenda
309

ATTACHMENT 2
05/12/2025 City Council Agenda 310

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BEAUMONT
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Mi 0 1 2 Area (LRA), as Identified by the State Fire Marshal
Km 0 1 2 3
- Very High High Moderate Projection: NAD 83 California Teale Albers Scale: 1:64,000 at 11" x 17"
3 5
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024 ; Incorporated City 0 Waterbody Federal Responsibility
e.. e Very High High Moderate Unzoned LRA Area (FRA)
Government Code section 51178 requires the State Fire statewide criteria and based on the severity of fire hazard that is and other relevant factors including areas where winds Marshal to identify areas in the state as moderate, high, expected to prevail in those areas. Moderate, high, and very high fire have been identified by the Office of the State Fire Marshal and very high fire hazard severity zones based on consistent hazard severity zones shall be based on fuel loading, slope, fire weather, as a major cause of wildfire spread.

CITY OF
Item No. 20

AGENDA REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Interim City, ager
Phil White, Director of Finance
SUBJECT: Draft Fiscal Year 2025-2026 Budget
RECOMMENDATION:

That the City Council review the draft fiscal year 2025-2026 budget and provide direction to staff as appropriate; and

2. That the Successor Agency to the Yucaipa Redevelopment Agency review the draft fiscal year 2025-2026 budget and provide direction to staff, as appropriate; and

3. That the Yucaipa Housing Authority review the draft fiscal year 2025-2026 budget and provide direction to staff, as appropriate.

BACKGROUNDMISCUSSION:

Staff is pleased to present the draft fiscal year 2025-2026 budget (FY26 Budget) for the City Council/Successor Agency/Housing Authority consideration. Feedback provided by the City Council will be gathered and incorporated into the FY26 Budget, which will be presented for the City Council's adoption at the scheduled June 9, 2025, City Council meeting.

The draft FY26 Budget is the City's spending plan for the fiscal year beginning July 1, 2025. The spending plan continues delivering public protection, development services, and community services. General government support continues to operate lean under this plan. In lieu of a strategic plan providing guidelines for programming and service delivery, staff reviewed existing programming and projected the costs to deliver those programs next fiscal year.

City Manager's Budgetary Directives
An option of a FY26 balanced budget will be delivered to the City Council for adoption. To deliver that option, the following series of directives were provided by Interim City Manager Jennifer Crawford:
05/12/2025 City Council Agenda 312

➢ Public safety contracts will not include service reductions in FY26. Public safety contracts were prioritized by the City Council. The Schedule A Contract with the San Bernardino County Sheriff will include the same number of deputies, sergeants, lieutenants, captains etc..., as FY25. The LG1 contracts for Fire Protection and Paramedic services with CalFire will also not have personnel reductions in FY26. The structure used by CalFire is being changed and a position for an additional battalion chief is being mandated. With this prioritization, all other activities and programming (code enforcement, development services, community services, and general government support) need to limit spending to the availability of remaining resources.
➢ Controllable costs outside of the public safety contracts will not be increased. The City's costs outside of public safety contracts include other contracts ranging from building and safety to landscaping, salaries and benefits for front line and support employees, capital costs, programming costs, insurance costs and other miscellaneous operating costs. While the controllable components of these costs are limited, staff was charged with meeting a 0% increase.
➢ Programming may need to be prioritized within each department. To achieve the 2nd tier prioritization objective, each division/department prioritized activities. Activities were added to the spending plan up to the directed level. Any programming with a cost beyond the threshold was tracked for the City Council's consideration.

The directives were successfully implemented in the preparation of the draft FY26 Budget.

Assumptions Used for Unknown or Incomplete Items
The spending plan includes many estimates. When developing the estimates, the better the input the better the result. There are a few areas of the preliminary spending plan in which the estimate is based on unknown or incomplete data so staff used best informational available as follows:
➢ The Schedule A provided by the San Bernardino County Sheriff is usually the only input used for the police contract. This year, the Schedule A was presented with the additional context that labor negotiations are ongoing and the financial impacts of those negotiations are not included in the Schedule A. Accordingly, a secondary input to capture the entire anticipated cost has been added to the estimate. The basis for the secondary estimate is strictly internal and actual results could significantly differ. ➢ City employee labor negotiations are not complete; however, staff have included conservative estimates in the draft FY26 Budget. Significant changes in the compensation model because of the citywide classification and compensation study are included in the model. The implementation of that model is pending a labor agreement. Various inputs such as cost -of -living -adjustments and benefit changes are also subject to change pending final agreement. The estimates in the draft FY26 Budget are subject to change as the negotiations progress.
05/12/2025 City Council Agenda 313

FY26 Fund Structure
In FY25, several changes to the accounting fund structure were made. In FY26, the changes are less significant, but two are notable.

Continuing the model implemented in the FY25 Budget to provide greater clarity for the City Council to make informed decisions, public safety costs are consolidated in the Public Safety Special Revenue Fund. To better reflect current operations, the Code Enforcement Division has been moved from the General Fund to the Public Safety Fund beginning in FY26.

In the General Fund, the Governmental Affairs Department has been eliminated and some expenditures have been absorbed into the City Manager Department.

Status of Balanced Budget Directive
The "balanced budget" directive is a reference to the General Fund and Public Safety Fund, the primary operating funds of the City of Yucaipa. Over the past several years, these reporting units have consistently reported a budgetary deficit, culminating in a $7.3 million shortfall in the adopted FY25 Budget. Although a balanced budget is a minimum acceptable directive for financial health, staff is pleased to deliver a balanced budget in FY26 as the General Fund and Public Safety Fund reflect a net $0 between estimated inflows and outflows.

Municipal accounting requires each reporting fund to have its own budget. The City has budgetary surplus in some reporting funds and budgetary deficit in others. These accounting funds, special revenue funds and capital projects funds, are not intended to have financial resource flow in balance each fiscal year. Accordingly, the one-year status is less meaningful than the operating funds such as the General Fund or Public Safety Fund.

The City's development services activities are reported in both the General Fund and capital projects funds. Budgeting for these activities has an added layer of complexity in that many of these projects take multiple years to complete. These multi -year projects have budgets that carry over from one year to the next until the project is complete. That is, the City Council authorizes the spending only once as part of the Capital Improvement Program (CIP) and the budget remains intact until the project is completed. As such, included in the expenditure budgets in capital projects funds are both the operating budgets that will lapse at the end of the year and the multi -year capital budgets that will roll over to the subsequent year.

Highlights of the draft FY26 Budget
The City collects "general revenues" and "program revenues".

General Revenues
General revenues can be used for any legitimate public purpose. Property tax ($15 million) and sales tax ($11.7 million) which include $6 million from Measure S continue to be the primary sources. Franchise fees ($4 million) and Motor Vehicle In -Lieu ($7 million) are also significant sources of general revenues of the City.
05/12/2025 City Council Agenda 314

Program Revenues
Program revenues are funds directly generated by a specific program (charges for service) or from sources outside the general taxpayer base (operating and capital grants). Program revenues are typically found throughout all accounting funds and not just the General Fund.

Expenditures
The City continues its three service lines: public safety, development, and community service. This report is structured to provide a summary by service line.

Police/Fire/Paramedic - Public Safety Special Revenue Fund Public safety contracts were the stated prioritization in the compilation of the draft budget. These contracts represent the majority of spending for the City and approximate $22 million in FY26.

Yucaipa contracts with the San Bernardino County Sheriff for police services and CalFire for fire protection and paramedic services.

The preliminary contract for police services reflects $13.6 million, which was flat with FY25 also at $13.6 million. Ongoing labor negotiations are likely to have an impact on the final contract so a budgetary contingency has been included. Non -contract costs of $900 thousand ($900 thousand FY25) bring the total for police services to $14.5 million.

The fire protection services contract is $6.2 million ($5.3 million FY25). Costs beyond contractual obligations total $3.3 million and include the budget for two engines ($2.5 million) for a total fire protection expenditure budget of $9.5 million. Budgetary revenues to pay for fire protection total $5.3 million with the difference being withdrawn from the Fire Fund "savings account".

Paramedic services are estimated to be $2.4 million ($2.2 million FY25) with budgeted revenues from the longstanding special assessment of $1.1 million. The financial shortfall for paramedic operation is also withdrawn from the Fire Fund savings account.

Not included in the FY26 draft budget is the request for a paramedic squad and related equipment and vehicles. That request has been made for several years; however, budget constraints have prevented the activity from being authorized.

It should be noted that, based on budgetary activity, the Fire Fund savings account will be fully depleted during FY26. Once the savings account is depleted, the General Fund will become the backstop for fire and paramedic operations.

Code enforcement has been included in the Public Safety Fund beginning in FY26 with budgetary costs of $1.1 million ($900 thousand FY25). Supporting costs are captured for budgetary costing purposes and allocated to the non -departmental section of the Public Safety Fund. A transfer from the General Fund backfills any budgetary or actual shortfall in the Public Safety Fund. For FY26, budgetary costs of all public safety activities are $31 million. The budget summary for the Public Safety Fund is included as Attachment 3. Putting these costs into perspective, total property tax (including the paramedic assessment) and sales tax (including Measure S) approximates $27.8 million.
05/12/2025 City Council Agenda 315

Development Services — General Fund and Other Funds
Continuing last year's directive, the use of General Fund money is being reserved for programming only after restricted money is fully utilized. Any opportunities to defer capital acquisition should be exercised. Completing existing projects continues to be the focus rather than starting new ones.

Capital projects are typically accounted for in capital projects funds and not the General Fund. The use of restricted resources for road maintenance continues in the draft FY26 budget. This activity is accounted for in special revenue funds including the Gas Tax Fund rather than the General Fund.

Public Works is included in the General Fund and the backlog in citywide deferred maintenance has been programmed beginning in FY26. Engineering, Planning, Building & Safety and Economic Development are also General Fund Divisions.

Community Services — General Fund and Other Funds
Community Services is a unique operation that can recover some of its costs. The department is continuing its effort to maximize cost recovery. Policies and programs continue to be modified and revised to continue to deliver high level programming while pursuing cost recovery. In order to limit net cost, the Five -Winds Festival, the 41h of July event, and Camps programming are not included in the draft FY26 Budget. Outside of the General Fund, STARS programming is included in the STARS special revenue fund.

Support Services — General Fund
All other departments are considered support services and exist for the sole purpose of supporting the service lines. These include City Council, City Manager, Finance and General Services. These support services balance efficient local government operation with the cost of doing so. Budget guidelines employed this year were to continue to limit requests to the minimal level necessary to operate and to continue to defer any new projects or activities to an extent practical. These costs are charged to the General Fund.

A balanced budget in the General Fund is reported based on these guidelines. This means that the annual cost to deliver services levels is equal to estimated revenues at approximately $42 million.

The General Fund Summary is included as Attachment 4.

Other Funds
Budgetary challenges exist in other accounting funds as well. Various capital projects funds continue to reflect accumulated deficits and bringing those to balance will take a multi -year strategy.

Although headed in the right direction, the interfund payable in the Development Impact Fee Fund continues to be a significant challenge. Another $1 million is expected to be repaid in FY26.

Special revenue funds are utilized to report accumulated restricted or committed resources. These accounting funds are designed to accumulate revenues and then spend them on allowable activities.

The intent of these funds is to provide services for a restricted use and therefore can operate in surplus or deficit in any given year.
05/12/2025 City Council Agenda 316

Activity on individual accounting funds is included in the All Funds Summary schedule included as Attachment 2. Additionally, in order to deliver a balanced budget and provide context and transparency to the spending plan, a partial list of programming excluded from the draft FY26 Budget is included as Attachment 1.

FISCAL IMPACT:

Although the recommendations do not result in a fiscal impact, the budget provides the spending plan.

Direction provided will be incorporated into the final document to be provided to the City Council for adoption in June 2025.

Attachments:

1. Excluded Programming

2. All Funds Summary

3. Public Safety Fund Summary

4. General Fund Summary
05/12/2025 City Council Agenda 317

ATTACHMENT
05/12/2025 City Council Agenda 318

Amount
Excluded Programming
Description
142,000
Tree City USA - Annual Tree Maintenance Program ($110 thousand) and onetime cost ($32 thousand)
60,000
Replacement Vehicle - Public Works - Streets Division
74,000
Community Services - Camps Program
100,000
Community Services - 4th of July Event
5,000
Community Services - Movies in the Park
20,000
Community Services - Concerts in the Park
8,000
Community Services - Easter Eggstravaganza
915,000
Community Services - Five Winds Music Country Music Festival 22,000
Community Services - Make a difference Day
190,000
Fire Protection - Fire Inspector and Vehicle
11,000
Public Safety - Events Booth Materials - Police and Fire 2,300,000
Paramedic Services - Paramedic Squad, Gear, Vehicle
4,000
Police - Volunteer and Explorer Uniforms
50,000
Code Enforcement - Hearing Officer Code Enforcement
30,000
Placer Al - Economic Development Software
30,000
Economic Development Residential Loan Program
55,000
Economic Development Commercial Fagade and Retaurant Loan Program
2,200,000
Remaining Deferred Maintenance - Public Works
40,000
Travel and Meetings - Citywide
6,256,000
Total
05/12/2025 City Council Agenda 319

ATTACHMENT 2
05/12/2025 City Council Agenda 320

City of Yucaipa Budget Summary
General Fund and Special Revenue Funds
Proposed
Proposed
Proposed
Revenues
Expenditures
Transfers -In
2025-2026
2025-2026
2025-2026
Proposed
Transfers -Out
2025-2026
Net Estimated
Change in
Fund Balance
General Fund
$ 41,452,710
$ 21,191,805
$ 38,020
$ 20,298,925
$ -
Special Revenue Funds
Air Quality Improvement
67,000
-
-
67,000
-
American Rescue Plan Act
879,437
-
-
879,437
-
CA Dept. of Transportation (CaITRANS)
1,467,249
-
-
1,269,335
197,914
Development Impact Fees (DIF)
2,510,000
-
-
2,510,000
-
Fire Services Fund
-
125,203
150,000
4,273,478
(4,248,681)
Gas Tax
1,553,940
2,103,506
-
139,720
(689,286)
Landscaping & Lighting Maint. Districts
1,056,782
1,115,322
-
-
(58,540)
Measure I (Arterial)
10,215,759
-
-
10,970,757
(754,998)
Measure I (Local)
1,237,534
-
-
2,201,374
(963,840)
Miscellaneous Special Revenue
3,090,775
3,096,342
17,000
2,606,466
(2,595,033)
Paramedic Zone
-
-
-
1,844,918
(1,844,918)
Public Educational & Gov't Access (PEG)
77,000
25,000
-
-
52,000
Public Safety Fund
6,720,000
30,427,687
23,707,687
-
-
Road Maintenance & Rehab. Account (S131)
1,435,283
-
-
1,350,000
85,283
State Law Enforcement Grant
100,000
100,000
-
-
-
Total Special Revenue Funds
$ 30,410,759
$ 36,993,060
$ 23,874,687
$ 28,112,485
(10,820,099)
05/12/2025 City Council Agenda 321

ATTACHMENT 3
05/12/2025 City Council Agenda 322

Public Safety Fund - 201
Inflows
Outflows
Committed Property Tax $ 5,200,000
Paramedic Assessment
1,090,000
Other
380,000
Transfers In
23,757,687
30,427,687
Police
14,523,774
Fire
9,503,478
Paramedic
2,364,188
Code Enforcement
1,127,502
Administration
2,908,745
30,427,687
05/12/2025 City Council Agenda 323

ATTACHMENT 4
05/12/2025 City Council Agenda 324

General Fund -100
rani
Property Tax
$ 10,252,000
Sales Tax
11,700,000
Franchise Fees
3,965,000
Licenses and Permits
1,439,610
Charges for Services
3,408,397
Intergovernmental
7,550,000
Investment Income
1,000,000
Other
2,137,703
Transfers In
38,020
41,490,730
Outflows
General Government
6,338,428
Community Development
1,785,266
Building and Safety
1,355,130
Public Works
6,760,143
Community Services
4,952,838
Transfers Out
20,298,925
41,490,730
05/12/2025 City Council Agenda 325

CITY OF
F

AGENDA REPORT
DATE: May 12, 2025
Item No. 21
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Interim City Manager �-O
Fermin Preciado, Director of Development Services/City Engineer 1 2 Benjamin J. Matlock, Deputy Director of Community Development/City Planner p, SUBJECT: 24-044/GPA/SPA: Direction Regarding Freeway Corridor Specific Plan Update RECOMMENDATION:

That the City Council:

Review the different options for the Freeway Corridor Specific Plan (FCSP) Update and provide direction to staff to proceed with Option 3 and authorize the Interim City Manager to execute an amendment to the existing Professional Services Agreement with Placeworks to update the Subsequent Environmental Impact Report (SEIR) in accordance with CEQA requirements, in an amount not to exceed $50,000; or

2. Should the City Council have another preferred option, the following action regarding the environmental review costs would include:
a. If the Council selects Option 1, direct staff to return to Council with a FY 25/26 Budget that includes the write off of $748,413 as it would no longer be eligible for reimbursement.
b. If the Council selects Option 4, direct staff to return to Council with a proposal for initiating a new FCSP Update, along with a proposed budget for the FY 25/26 Budget that includes an amendment to the Agreement with Placeworks for the preparation of a new SEIR, in an amount not to exceed $1,001,500 plus a 10% contingency for a total amount of $1,101,650.
c. If the Council selects Option 5, direct staff to return to Council with a FY 25/26 Budget that includes the write off of $748,413 (if the existing FCSP layout is maintained) or with a proposal for initiating a new FCSP Update and for the preparation of a new SEIR, along with a proposed budget for the FY 25/26 Budget in that amount.

Please note each of the above options is primarily Policy Direction only. The City Council is being asked to review the five alternative approaches to the Freeway Corridor Specific Plan (FCSP) Update, identify a preferred alternative, and provide policy direction to staff to prepare the necessary 05/12/2025 City Council Agenda 326

implementing documents. Tonight's action is limited to policy guidance and contract/budgetary authorization; it does not constitute approval of any specific -plan amendment, rezoning, development project, or certification of environmental documents under the California Environmental Quality Act (CEQA). Approval of the FCSP Update, including certification of a Subsequent Environmental Impact Report, will return to the City Council at a future duly noticed public hearing, accompanied by all necessary CEQA documentation.

BACKGROUND/DISCUSSION:

APRIL 28, 2025, STUDY SESSION
As part of the FCSP Update process, Staff has incorporated the known feasible concerns/requests from property owners/stakeholders within the FCSP, including requests from the property owner who owns the largest area within the plan, 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 growth and community needs. Based on this feedback, there were five potential alternatives presented to Council for consideration. These options were presented at the April 28, 2025, Study Session, with Option 3, reflecting an enhanced version of the FCSP Update from the version previously heard in September 2024, meeting the most benefits. However, one Councilmember was unable to attend and would not have been able to provide their feedback to the ultimate plan direction.

In addition, representatives for one of the property owners within the FCSP requested that there be more consideration provided for a modified version of Option 4.

The analysis of the five different options previously presented is included in Attachment No. 1, which is the agenda report for the April 28t' meeting. The modified alternative is specific to Option 4 and is discussed below:

Option 4: Proceed with the Robinson -provided alternative concept for the FCSP Update On February 26, 2025, the representative for the property owner of the largest property holding within the FCSP submitted two different land use alternatives for consideration. As noted in the April 28`" agenda report, one version is similar to Option 3 but had included additional warehouse opportunities and the complete removal of open space on their land, and one that was more focused on commercial and industrial development. Because one version was more similar to Option 3 but had many of the constraints of the more intense plan version, it was referenced in the report but not formally included.

The different options that were to be shown in the report were identified to the representative via email on April 22, 2025 (Attachment 3), and no follow up concerns were identified prior to posting of the agenda several days later.

However, this alternative is now being presented for additional consideration at the request of the property owner's representative (Attachment 5). It should be noted that on April 28, 2025, the property owner themselves acknowledged that this is not the preferred option, noting that the business opportunities are reduced, and that the location for housing is less ideal (Attachment 4). To complete the necessary environmental review for Alternative Option 4, Council will need to authorize the Interim City Manager to execute an amendment to the contract with Placeworks in the amount of 05/12/2025 City Council Agenda 327

$1,001,500 to essentially prepare an entirely new SEIR and reinitiate the FCSP Update effort from the beginning.

Robinson Mixed Intensity Concept Land Use Map —Alternative Option 4 Timeline to complete: At least 16 months for the CEQA effort alone, following the development of a new specific plan (1+ year)
Cost to City: Approximately $748,413 (Write off FCSP Update CEQA effort cost) and a fair share ratio for a contract amendment of $1,001,500 to update the Final SEIR Pros:
• The property owner of the largest property holding in the FCSP area maybe somewhat satisfied.
• A mixture of Housing Unit Densities would be provided, similar to Option 3 (though would be consistently higher due to less residential land area provided). :I�
• Most of the FCSP Update effort and associated costs to date ($748,413) would be borne by the City.
• At a minimum, 16 months and over $1,001,500 will be necessary to complete the necessary environmental review for the CEQA process. Additional costs and time will also be necessary to rewrite the entire FCSP and provide an analysis of infrastructure and other similar requirements that must be included in a specific plan. Future development in drainage channel areas and sensitive habitat areas would be further delayed by the state and federally permitting processes, which would take several years after project approval.
05/12/2025 City Council Agenda 328

• Permitting requirements/timelines is likely to place Yucaipa's retail in last place for development, allowing the economic development opportunities and tax revenue needs be met in other communities. Based on surrounding development opportunities, the retail market, and the expected development in the region, the trade market area is not expected to support the total development shown.
• The remaining property owners would remain in limbo.
• Council's direction for the FCSP, including preserving our rural feel and leveraging key viewpoints, would not be upheld.
• Several different General Plan goals and policies related to the City's character would need to also be amended or deleted entirely.
• Traffic impacts would be substantially increased.
• Pursuant to AB98, the City of Calimesa would need to designate County Line Road as a commercial arterial and truck route in order to accommodate the Business Park uses along the southeastern edge of the plan area.
• The City of Yucaipa is currently
preparing the environmental review
documents for the future Wildwood
Interchange project in collaboration
with Caltrans and the San Bernardino
County Transit Authority. Staff has
previously informed the property
owner and their team that any rezoning
of the area subject to the future
interchange could create potential legal
challenges in the future. If the City were
to downzone that area, for example, the
property owners could allege that the
City had inversely condemned their site
to purchase their land for less than it
was worth. However, they have instead
proposed that the City substantially
upzone their site. This action would
mean that when the City approaches the property owner to acquire the land for the interstate, the City would have knowingly inflated the cost of the land and therefore increased the expense to the taxpayers for the sole benefit of the property owner. In addition, this would also increase the total cost of infrastructure to build the FCSP. • This proposal is less likely to be supported by members of the community given the significant removal of open space and natural resources. • Access to new warehouse is either provided from Pacific Industrial site, or a future residential road will include a truck route.
05/12/2025 City Council Agenda 329

Options Comparison
Option
CEQA Cost
Timeline to
Fiscal Outcome
Visibility of
Open Space
Housing
Key Issues
Complete
Warehouses
Area
#1
To City:
2 Months
Low outcome.

High
Moderate
Will result in a
• High Infrastructure
$748,413
Current cost to
"deemed infeasible"
Costs
To Developers:
develop and layout
status. City will need
. Loss of pumpkin Patch
Varies with
has been difficult
to add 1,280
. Development timeline
project and
affordable houses
impacts RHNA
location
elsewhere in future
eligibility
housing elements.
#2
To City: $0'
3 Months
Good outcome.

Low
High
Maintains housing
• One property owner
To Developers:

Variety of uses, and
capacity — offers mix
opposed
$30,000
infrastructure led by
of types to meet
. Reduced planned traffic
additional
warehouse
market demand
. Residents concerned
about warehouses
• Reduction of
commercial acreage
#3
To City: $0
4 Months
Great outcome.

Low
High
Maintains housing
• One property owner
To Developers:

High
Low
Mix of housing at an
• Owners stuck in limbo
$748,413
Months
Planned area exceeds
average of higher
. Significant additional
To Developers:
trade market demand.
densities
CEQA costs
$1,001,500
#5
Varies with
Varies with
Low outcome:

Low
Moderate
Varies with
• Each type of direction
option
direction
Further loss of
Direction
creates challenges
commercial revenue
to Option 1.

City's exBS� S� i o nci Tgtal aeview will be reimbursed as each new development occurs.

OCR

Based on community and property owner/stakeholder input, as well as Council's direction from its prior study sessions on June 14, 2021, September 27, 2021, March 28, 2022, and the public hearing on September 23, 2024, and the Study Session on April 28, 2025, and after considering the amended version of Option 4 shown in this agenda report, Option 3 meets the most objectives and is therefore staff s recommendation. The update was led by Council's direction from prior study sessions to provide an opportunity to meet the City's economic development goals, which are critical to the City's long term fiscal health, while maintaining the rural environment and key vantage points. Option 3 also follows the original vision and goals of the adopted 2008 plan, which was led by a Council - appointed committee, but modified to reflect the realities and proposals of what has occurred since the plan's initial adoption.

As part of the discussion, it was noted that each alternative presented some sort of challenge. As with any decision, many different constraints can impact the ultimate path forward and there may not be a perfect plan that can address each and every single issue. Competing interests, physical constraints and how they are impacted by laws regarding development, the actual regulations of the existing FCSP, the economic realities and the cost of construction, are all core factors of the decision -making process, and have therefore been distilled to the extent possible in the table summary.

FISCAL IMPACT:

The recommendation for Option 3 does not result in an immediate budgetary impact.

Attachments:

1. April 28, 2025 Study Session Agenda Report

2. Placeworks Cost Proposal

3. Email to Craig Heaps of Options to be Shown (April 22)

4. Email from Robinsons on preferred Commercial Industrial Option 4 (April 28)

5. Email from Craig Heaps on preferred Mixed Option 4 for Robinson (April 28)

6. Email from Craig Heaps regarding Option 4 (May 1)
05/12/2025 City Council Agenda 331

ATTACHMENT 1
05/12/2025 City Council Agenda 332

AGENDA REPORT
DATE: April 28, 2025
Item No. 9
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin J. Matlock, Deputy Director of Community Development/City PlannOL SUBJECT: 24-044/GPA/SPA: Direction Regarding Freeway Corridor Specific Plan _Update _
RECOMMENDATION:

That the City Council conduct a study session and:

1. Provide policy direction to staff on the preferred option for the Freeway Corridor Specific Plan (FCSP) Update based on the analysis and community feedback presented in this report.

2. If the Council selects either Option 2 or Option 3, authorize the Interim City Manager to execute an amendment to the existing Professional Services Agreement with Placeworks to update the Subsequent Environmental Impact Report (SEIR) in accordance with CEQA requirements, in an amount not to exceed $50,000.

3. If the Council selects Option 4, direct staff to return to Council with a proposal for initiating a new FCSP Update, along with a proposed budget for the FY 25/26 Budget that includes an amendment to the Agreement with Placeworks for the preparation of a new SEIR, in an amount not to exceed $1,001,500 plus a 10% contingency for a total amount of $1,101,650.

BACKGROUND/DISCUSSION:

STUDY SESSIONS VS. PUBLIC HEARINGS
A City Council Study Session is an informal meeting format used to provide the City Council with in-depth information and allow for open discussion on complex topics before any formal decisions are made. Study sessions are designed for Councilmembers to ask questions, explore options, and provide preliminary feedback to staff. While members of the public may attend and observe, public comment is typically limited or structured differently than in formal hearings. No final action is taken during a study session. In contrast, a Public Hearing or Regular Agenda Item is part of the formal City Council meeting process where official decisions or legislative actions are considered and adopted.

This item is presented as a study session to allow the City Council an opportunity to thoroughly review and discuss the various options for the Freeway Corridor Specific Plan (FCSP) Update before making a formal decision on one option at a future public hearing. Given the complexity of the plan, the range of stakeholder input, the need for community discussion, and the potential long-term impacts on land 05/12/2025 City Council Agenda 333

use, infrastructure, housing, and economic development, a study session format enables Councilmembers to ask detailed questions, consider staff recommendations, hear from the stakeholders and community, and provide policy direction on what to bring forward to the City Council at a noticed public hearing.

NO FINAL ACTION ON THE FCSP WILL BE TAKEN DURING THIS MEETING.

HISTORY OF THE FREEWAY CORRIDOR SPECIFIC PLAN (FCSP)
As early as 1964, Caltrans and the County of San Bernardino has planned for a future interchange along Interstate 10 and Wildwood Canyon Road. In the following decades leading up to the final Yucaipa Valley Planning Area plan that was in effect when the City incorporated in 1989, policies were adopted to encourage the development of commercial, industrial, and residential uses along Interstate 10. These policies were continued with the City's original 1992 General Plan and were maintained with the 2004 General Plan update. Following the 2004 Update, Council directed staff to begin the development of a formal plan for the mostly vacant land along the Interstate 10 corridor.

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 following a multi -year effort beginning in 2005. 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 that had been in place since the City's initial General Plan.

However, this adoption coincided with a period of dramatically shifting economic conditions caused by the economic recession of 2008-2009. 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 adopted by City Council in 2008.

Following the economic recession of 2008-2009, significant changes in the market also created new challenges for the FCSP. A new regional center in the Redlands "donut hole"reduced overall demand for retail in the area, and with the growth of the e-commerce industry, the shopping volume typically found in the traditional brick and mortar stores was replaced with online shopping. These changes in market conditions, along with different constraints with the FCSP such as the Hillside Overlay provisions, and the substantive infrastructure and environmental mitigation costs associated with the FCSP further limited development prospects, and the FCSP remains undeveloped to this date except for a warehouse that was built in its commercial district along the southeast corner boundary.

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. 05/12/2025 City Council Agenda 334

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, property owners/stakeholders, and residents to prepare a significantly revised FCSP that considered new market dynamics, emerging state -level planning requirements, and local feedback. During this time, the City Council also provided key direction on the update at the following meetings:
• June 14, 2021:
o Create flexibility for open space requirements to protect key viewsheds and maintain a rural appearance, where appropriate.
o Develop a plan that can manage long term traffic impacts. • September 27, 2021:
o Designate space to preserve vantage points and true natural features in lieu of arbitrary calculation.
o Preserve view of ridgeline south of Interstate 10 to create a buffer of development within that area of the plan.
o Distinguish between types of open space for functional benefits and natural/environmental mitigation areas.
o Preserve open space features along Oak Glen Road and along Colorado Street to create a buffer for commercial uses.
o Allow trails, vineyards, continued pumpkin farming, contoured grading, and other related features in open space areas that did not contain sensitive environmental habitats.
o Coordinate with the City of Calimesa to connect contiguous open space areas with the Mesa Verde Specific Plan as appropriate.
• March 28, 2022:
o Approved the conceptual land use plan and award of professional services agreement for the required environmental review process.

As a result of these actions and direction from the City Council, 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 for consideration. In reviewing the SEIR, the Council determined that the environmental analysis satisfied CEQA requirements. A majority of the property owners also attended or provided feedback to support the Update. However, the Council requested further refinements to the FCSP itself, principally focusing on more comprehensive outreach to property owners/stakeholders regarding land 05/12/2025 City Council Agenda 335

use flexibility, overall development strategy, long-term plan implementation, and community input.

Consequently, the Council certified the SEIR but delayed formal adoption of the updated FCSP until staff could address these property owner/stakeholder concerns. At the April 14, 2025, meeting, the City Council rescinded certification of the SEIR to halt litigation that was filed on the document. This action was done to remove the basis for the lawsuit's challenge, as there was no project to share the costs of defending the SEIR, and any changes to the FCSP would have to be separately analyzed.

NEXT STEPS — FCSP UPDATE OPTIONS
Staff has incorporated the known feasible concerns/requests from property owners/stakeholders within the FCSP, including requests from the property owner who owns the largest area within the plan, 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 growth and community needs. Based on this feedback, there are five potential alternatives that Council may explore. It should be noted that complete consensus between all the property owners/stakeholders within the plan area was not obtainable and is further discussed below.

One potential option that was explored but deemed impractical was to disregard the existing adopted 2008 FCSP and completely restart the process and prepare a completely new FCSP rather than an update to an existing plan. There are a few challenges that are to be considered with starting out. One, the City is not working with a blank slate as there is an existing adopted FCSP currently in place.

Maintaining existing land use rights, and more notability, maintaining the net residential capacity, is critical for any update. Finding a consensus with the property owners would also be difficult as many have worked with staff to help shape and inform the current update direction, and automatically ignoring their feedback would likely lead to similar concerns with the existing plan. The update included a comprehensive review of the challenges these property owners have faced to realize the City's vision for the area identified by the current adopted plan. Second, there needs to be consideration of the costs to prepare a new plan, including the document itself, and the associated CEQA review costs. A third element is the City's current efforts related to the environmental review documents for the future Wildwood Interchange Project. Any rezoning of the properties subject to the future interchange could create potential legal challenges in the future. If the City were to downzone that area, for example, the property owners could allege that the City had inversely condemned their site to purchase their land for less than it was worth. Or if the City were to upzone their site, the City would have then knowingly inflated the cost of the land and therefore increased the expense to the taxpayers for the sole benefit of the property owner before the property acquisition process for that specific project.

Option 1: Keep the Current (Adopted) Plan
For this option, the FCSP Update would come back to City Council for a formal denial of the Pacific Oaks Commerce (warehouse) Project and formally conclude the update process, resulting in the existing plan remaining in place.
05/12/2025 City Council Agenda 336

General Plan Land Uses I„_ ....

Existing Adopted FCSP Land Use Map
Timeline to Complete: Approximately 2 months to prepare finding/presentation Cost to City: $748,413 (FCSP Update CEQA effort cost borne by the General Fund) Pros:

Those concerned specifically about the Pacific Oaks Commerce Center (warehouse) Project would be satisfied.

Fast process to conclude the FCSP update effort.

Largest amount of "natural open space" area designated on the map.

Cons:
• Permitting requirements/longer timelines is likely to place Yucaipa's commercial retail in last place for development, allowing the economic development opportunities and tax revenue needs be met in other communities.
• Housing sites for the next Housing Element will need to be relocated, planned and zoned elsewhere in the City. Specifically, the lack of action for two housing cycles means that the FCSP will be considered infeasible for housing development, according to state law, and can no longer be used.
o Council will need to provide direction on areas that should be upzoned elsewhere in the City to compensate, including the 1,280 affordable 24 du/ac units — potential areas include Dunlap and the Central Core. It should be noted that pursuant to SB 330, the City cannot downzone the FCSP. 05/12/2025 City Council Agenda 337

• Warehouses are still allowed in the FCSP, and the pennissible locations would be highly visible rather than hidden.
• Key drainage areas and natural features, including areas for wildlife movement, are in areas where development is allowed to occur. Additional enviromnental review and environmental permitting would still be required.
• City will have to return CEQA funds deposit from Pacific Oaks Commerce Center.

All CEQA expenses ($748,413) would be borne by the City's General Fund as efforts could not be used in the future.
• Many of the "natural open space" areas designated on the map are currently and have long since been disturbed and used for grazing, farming, or other activities. • The General Plan policies and goals for the area would not be met. • Large infrastructure investments would be required to facilitate development (drainage, utilities, transportation).
• Infrastructure elements are also proposed in a way that negatively impacts the full potential of tax revenue.
• Does not satisfy the legitimate concerns of the property owners within the FCSP. • Investments from the Pumpkin Factory to create permanent structures in lieu of existing temporary structures could not be permitted due to existing planned infrastructure requirements. Programming and activities would remain limited. • Yucaipa Valley Water District facility enhancements at their waste treatment facility are constrained by the existing land use designation.

Option 2: Proceed with the September 2024 version of the FCSP Update The FCSP Update would come back to City Council as it was presented in September 23, 2024, along with the errata sheet of changes and the illustrative plan that was included in the agenda report. The FCSP Update would come back to City Council with these changes along with an updated Final SEIR.

To complete the necessary environmental review, Council will need to authorize the Interim City Manager to execute an amendment to the contract with Placeworks in the additional amount of $30,000.
05/12/2025 City Council Agenda 338

September 2024 FCSP Update Land Use Map
Timeline to complete: Approximately 3 Months
Cost to City: $0 (Requires a contract amendment of $30,000 to update Final SEIR to be paid by developers and reimbursed to City)
Pros:
• Fast process to conclude the FCSP update effort.
• Most of the property owners within the FCSP noted their support for the update during public comment period of the September 2024 public hearing. • The warehouse uses that are currently allowed would be isolated to areas hidden from key views, adjacent to the Yucaipa Valley Water District waste treatment facility. • The proposed Pacific Oaks Commerce Center would be responsible for substantial infrastructure development that would support Regional Commercial and Residential development within the FCSP area.
• Four different types of commercial development are provided within the plan to provide diversity of revenue and reduce oversaturation of any one market: standard regional commercial development sized for the target market area (# of shoppers that would be able to support the area), mixed use development to create a more urban and walkable environment (per Errata sheet), industrial uses within warehouse structures that can accommodate many different types of tenants, and agro-commercial catering to an experience based setting.
• Residential development opportunities would allow for a wider range of housing types to capture market conditions, and reductions of infrastructure costs and obligations would remove impediments (benefitting future Housing Elements). 05/12/2025 City Council Agenda 339

• 60 General Plan policies or goals are met.
• New traffic generated with this option is less than the traffic that would occur with the current adopted plan.
• Pacific Oaks Commerce Center project would significantly resolve the City's interfund loan balance for the Development Impact Fee program, which had front - loaded infrastructure projects to support future private development.

Cons:
• One property owner remains opposed to the plan update. • Some residents are opposed to any development, the proposed warehouses, or some combination thereof.
• Net commercial acreage is reduced along the north side of Interstate 10. Actual usable land is likely comparable to existing plan, when cost of infrastructure is considered.

Option 3: Proceed with the revised version of the FCSP Update Based on the errata sheet and the illustrative land use plan exhibit presented at the September 23, 2024, City Council meeting, as well as feedback from property owners/stakeholders and the public that has been received following that meeting, staff has since further revised the land use map exhibit.

The FCSP Update would come back to City Council with these changes and an updated Final SEIR.

To complete the necessary environmental review, Council will need to authorize the Interim City Manager to execute an amendment to the contract with Placeworks in the amount of $50,000. s
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Revised FCSP Update Land Use 11ap
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Timeline to complete: Approximately 4 months
Cost to City: $0 (Requires a contract amendment of $50,000 to update Final SEIR to be paid by developers and reimbursed to City)
05/12/2025 City Council Agenda 340

Pros:
• All of the land use benefits of Option 2. The total Regional Commercial acreage shown has also increased (area north of Interstate 10). • Mixed use development between Regional Commercial and adjoining residential is more clearly articulated. Such provisions are enhanced to better articulate land use flexibility, as well as additional standards related to pedestrian and placemaking features.
• Relatively fast and easy to update the SEIR to account for the revised map details; the land use capacity will remain the same.
• Additional concerns/requests from property owners/stakeholders have been addressed and resolved.

Cons:

One property owner is still opposed to the update. However, to ensure a no -net -loss housing adjustment, this owner would increase their housing capacity in Options 2 and 3 by 620 residential units, and their commercial acreage will increase by 150%.

The SEIR analyzed commercial square footage equivalent to Victoria Gardens and therefore available. Infrastructure obligations have also been reduced substantially.

The residents' concerns about development remain. However, the updates do directly resolve comments regarding the loss of sales tax opportunities or requests for mixed use development.

Less open space is shown on the map. However, enhanced development standards and guidelines are therefore included to detail grading/transitions between developments to maintain an attractive setting for neighborhoods.

Option 4: Proceed with the Robinson -provided concept for the FCSP Update On February 26, 2025, the representative for the property owner of the largest property holding within the FCSP submitted two different land use alternatives for consideration. One that was somewhat similar to Option 3, though with additional warehouse opportunities and the complete removal of open space on their land, and one that was more focused on commercial and industrial development.

It should be noted that the exhibits provided also showed modifications to other areas of the plan, which has been omitted from the exhibit below. To complete the necessary environmental review for this option, Council will need to authorize the Interim City Manager to execute an amendment to the contract with Placeworks in the amount of $1,001,500 to essentially prepare an entirely new SEIR and reinitiate the FCSP Update effort from the beginning. 05/12/2025 City Council Agenda 341

Robinson Concept Lane( Use rYlap (map shows re visions for Robinson -owned properties. Other properties consistent with Option 3) Timeline to complete: At least 16 months for the CEQA effort alone, following the development of a new specific plan (1+ year)
Cost to City: Approximately $748,413 (Write off FCSP Update CEQA effort cost) and a fair share ratio for a contract amendment of $1,001,500 to update the Final SEIR Pros:

Cons:

The property owner of the largest property holding in the FCSP area would be satisfied.

Most of the FCSP Update effort and associated costs to date ($748,413) would be borne by the City.

At a minimum, 16 months and over $1,001,500 will be necessary to complete the necessary environmental review for the CEQA process. Additional costs and time will also be necessary to rewrite the entire FCSP and provide an analysis of infrastructure and other similar requirements that must be included in a specific plan. Future development in drainage channel areas and sensitive habitat areas would be further delayed by the state and federally permitting processes, which would take several years after project approval.

Permitting requirements/timelines is likely to place Yucaipa's retail in last place for development, allowing the economic development opportunities and tax revenue needs be met in other communities. Based on surrounding development opportunities, the retail market, and the expected development in the region, the trade market area is not expected to support the total development shown.

The remaining property owners would remain in limbo.
05/12/2025 City Council Agenda 342

• Council's direction for the FCSP, including preserving our rural feel and leveraging key viewpoints, would not be upheld.
• Several different General Plan goals and policies related to the City's character would need to also be amended or deleted entirely.
• Traffic impacts would be substantially increased.
• Pursuant to AB98, the City of Calimesa would need to designate County Line Road as a commercial arterial and truck route in order to accommodate the Business Park uses along the southeastern edge of the plan area.
• The City of Yucaipa is currentlyIV 7
preparing the environmental review,,;
documents for the future Wildwood ^._qr I,.-y !� General area for? Interchange project in collaboration ,. Wildwood Interchange s` with Caltrans and the San Bernardino`,; R.?y.` ti
County Transit Authority. Staff has
previously informed the property
owner and their team that any rezoning
of the area subject to the future
interchange could create potential legal
challenges in the future. If the City were
to downzone that area, for example, the
property owners could allege that the aP
City had inversely condemned their site
to purchase their land for less than it
was worth. However, they have instead c
proposed that the City substantially
upzone their site. This action would
mean that when the City approaches the property owner to acquire the land for the interstate, the City would have knowingly inflated the cost of the land and therefore increased the expense to the taxpayers for the sole benefit of the property owner. In addition, this would also increase the total cost of infrastructure to build the FCSP. • This proposal is less likely to be supported by members of the community given the significant removal of open space and natural resources. • The City's Housing Element could be impacted by the overall approval timeline, as well as the limited variety of housing types that would be provided to meet the RHNA.

Option 5: Prohibit Warehouses
The City Council could direct staff to modify the specific plan to prohibit the development of warehouses entirely. There are several different ways that this could be approached: modify the existing plan to remove land uses that are allowed, or to take the existing FCSP Update (either option 2 or 3) and remove the Business Park areas from the southern side of the plan area. 05/12/2025 City Council Agenda 343

Pro:
• Benefit those concerned specifically about the Pacific Oaks Commerce Center Project or warehouses in general
Cons:

With the existing FCSP layout:
• All the cons of Option 1 and existing property owners would be concerned about the loss of land use rights and the overall reduction that makes their land less developable.

Cost to City is $748,413 for the FCSP Update effort, plus potential legal fees from the property owners/stakeholders within the Plan area.

With modifying the FCSP Update plan, the area is presumed to be replaced with housing as the lack of visibility would limit commercial viability. The following cons would be:
• Increase in total housing built/citywide population
• Increase in traffic impacts
• Loss of commercial revenue while a resulting increase in city service costs • Residential unit construction adjacent to wastewater treatment facility is generally less marketable
• Additional costs to the City would be determined once the land use that replaces the Business Park district is known — additional environmental review will be required.

City would be required to refund CEQA deposit from Pacific Oaks Commerce Center Project. Potential legal fees from the property owners/stakeholders within the Plan area would also still be present.
05/12/2025 City Council Agenda 344

Options Comparison
Option
CEQA Cost
Timeline to
Fiscal Outcome
Visibility of
Open Space
Housing
Key Issues
Complete
Warehouses
Area
#1
To City:
2 Months
Low outcome.

High
Moderate
Will result in a
. High Infrastructure
$748,413
Current cost to
"deemed infeasible"
Costs
To Developers:
develop and layout
status. City will need
. Loss of pumpkin Patch
Varies with
has been difficult
to add 1,280
• Development timeline
project and
affordable houses
impacts RHNA
location
elsewhere in future
eligibility
housing elements.
#2
To City: $0'
3 Months
Good outcome.

Low
High
Maintains housing
• One property owner
To Developers:

Low
High
Maintains housing
. One property owner
To Developers:

Variety of uses, and
capacity — offers mix
opposed
$50,000
infrastructure led by
of types to meet
. Residents concerned
additional
warehouse, more
market demand
about warehouses
space for commercial
• Reduced planned traffic
• Commercial acreage
now increased
44 To City:
16-24
Low/ Moderate
High
Low
Only high -density
• Owners stuck in limbo
$748,413
Months
outcome. Planned
housing is proposed.
. Significant additional
To Developers:
area exceeds trade
CEQA costs
$1,001,500
market demand.

Housing income
limited
#5
Varies with
Varies with
Low outcome:

Low
Moderate
Varies with
Each type of direction
option
direction
Further loss of
Direction
creates challenges
commercial revenue
to Option 1.
' City's expenditure for Environmental Review will be reimbursed as each new development occurs. 05/12/2025 City Council Agenda 345

The update was led by Council's direction from prior study sessions to provide an opportunity to meet the City's economic development goals, which are critical to the City's long term fiscal health, while maintaining the rural environment and key vantage points. Option 3 also follows the original vision and goals of the adopted 2008 plan, which was led by a Council -appointed committee, but modified to reflect the realities and proposals of what has occurred since the plan's initial adoption.

ENVIRONMENTAL REVIEW SCOPES
Based on the direction provided by Council, an update to the SEIR for the FCSP may be needed to ensure that the Project has been appropriately assessed under CEQA. Option 1 would retain the existing FCSP and its EIR, and no additional review is required at this time. However, subsequent projects would be responsible for their own environmental review documents. Option 2 would rely on the prior SEIR efforts, but additional efforts are recommended to ensure that all details from the errata sheet are appropriately captured and is expected to be approximately $30,000. To ensure that Council has adequate information for Options 3 and 4, staff reached out to its consultant for a cost proposal for those specific efforts. Option 3 would require an amendment of $50,000 (shown as Option 1 on Attachment # 1), which includes updating the project description details, ensuring that the traffic analysis reflects the location/balance of land uses, meeting attendance, and updating any relevant documents for the record. Option 4 (shown as option 2 on Attachment #1) has an anticipated cost of $1,001,500, which includes updates to all of the technical studies, preparing a new SEIR document, and all of the other elements that are typical to the preparation of an EIR.

When the City Council awarded the contract for the preparation of the SEIR, it was identified that individual property owners and/or developers of the properties within the FCSP area would be responsible for their "fair share" cost of the professional environmental review services applicable to their specific development projects and included in the proposed contracts. The cost of the services for each individual project will be identified and reimbursed to the City through a Fair Share/Reimbursement Agreement between the City and the individual property owners/developers.

Currently, there are costs savings with the biological review contract with Dudek (part of the existing $748,413 CEQA budget) that can facilitate the costs of Option 2/3.

Cost 4 would represent recirculation of a new SEIR, and Council would need to consider what would be fair for the property owners. As many of the prior expenses would no longer be applicable, Council may determine that the initial SEIR costs are now borne by the General Fund, and this new, greater expense if subject to the "fair share" cost. Alternatively, since Option 4 is to address the needs of a single owner and offers no tangible benefit to any other owner in the FCSP, Council could determine that the cost should be the responsibility of that sole property owner. Option 5 will vary depending on the ultimate path chosen, and would ultimately depend on what is exactly proposed and what land uses are proposed in lieu of warehouses.

FISCAL IMPACT:

The recommendation for Option 3 does not result in an immediate budgetary impact. 05/12/2025 City Council Agenda 346

Attachments:

1. Placeworks Cost Proposal
Approved
05/12/2025 City Council Agenda 347

ATTACHMENT 2
05/12/2025 City Council Agenda 348

9 PLACEWORKS
April 14, 2025
Ben Matlock
Planning Manager / City Planner

CITY OF YUCAIPA
34272 Yucaipa Blvd
Yucaipa CA 92399
Transmitted via Email: [email protected]
Subject: Revised Cost Estimate: Freeway Corridor Specific Plan Subsequent Environmental Impact Report (SEIR) — Revised Final SEIR v. Recirculated Draft SEIR Options (COY-081 Dear Mr. Matlock:

This revised cost estimate addresses the potential need to revise the Final Subsequent EIR (SEIR) or, alternatively, recirculate the Draft SEIR for the Freeway Corridor Specific Plan (FCSP) prior to project approvals.

The City Council certified the SEIR (State Clearinghouse No. 2006041096) on September 23, 2024.

However, the City Council did not approve the proposed project at this hearing, but directed City staff to reach out to the majority landowners in the plan area to gain consensus on the proposed land use plan. Subsequent to this direction, in October 2024, a lawsuit was filed on the SEIR. It is our understanding that as part of a settlement agreement, the City Council will rescind certification of the SEIR prior to moving forward with a revised project.

Over the last several months, the City has engaged in extensive outreach with the majority property owners on potential changes to the land use plan. Based on the outcome of this outreach effort, two potential land use plans are being brought forward at this time by City staff. Because it is not yet determined which option the City will move forward with, we have provided a cost estimate for two options:

Option 1, Revise the Final SEIR. Staff is recommending a preferred land use plan that would reconfigure the Regional Commercial (RC) land use designation for Planning Area C5 but would retain the maximum allowable buildout identified in the SEIR. For this option, the City could proceed with a Revised Final SEIR to address these minor changes to the land use plan prior to recertification of the SEIR.
• Option 2, Recirculate the SEIR. One of the property owners has put forth a revised land use plan proposal that would substantially expand the acreage for Regional Commercial (RC) and Business Park (BP) land uses, substantially reduce the residential acreage, and substantially reduce the amount of Open Space (OS) and Open Space —Conservation (OS-C). It is our assumption that the 05/12/2025 City Council Agenda 349

revised land use plan proposed by this property owner would meet the Senate Bill 330 requirements but may require densities higher than 24 dwelling units per acre to achieve the City's Housing Element objectives. Under this alternative plan, the Regional Commercial (RC) and Business Park (BP) would be within the flood plain and areas identified in the Biological Resources Report as critical for wildlife movement. Because of the extensive changes to the proposed land use plan and the increase in nonresidential land use compared to what was analyzed in the SEIR, this option would require recirculation of the Draft SEIR and a new Final SEIR. At this time, we are not anticipating this option to require a new Notice of Preparation (NOP) or Scoping Meeting.

Cost Estimate
PlaceWorks has provided cost estimates for both Option 1 and Option 2. These cost estimates are based on our hourly fee schedule, below.

Table 1. Freeway Corridor Specific Plan SEIR Cost Estimate Proposed Tasks Under New Task 14
Option 1: Revised Final
SEIR
Option 2: Recirculate
SEIR
TASK 1. Project Initiation/Project Description
$4,500
$20,000
TASK 2. Technical Studies
11,000
663,000
Task 2.1 AQ Energy, GHG (PlaceWorks)
—
25,000
Task 2.2 HRA (PlaceWorks)
—
10,000
Task 2.3 Noise & Vibration (Urban Crossroads)
—
15,000
Task 2.4 Infrastructure/Water Supply (Fuscoe)
—
55,000
Task 2.5 Transportation (Tronslutions)
11,000
277,000
Task 2.6 Biological Resources (Dudek)
—
46,000
Task 2.7 Wildlife Corridor Study (Dudek)
—
145,000
Task 2.8 Fire Protection Plan (Dudek)
—
12,000
Task 2.9 Evacuation Study (Dudek)
—
78,000
TASK 3. Administrative Recirculated Draft SEIR
NA
170,000
Task 3.1 Administrative Recirculated Draft SEIR
—
130,000
Task 3.2 Second Administrative Recirculated Draft SEIR
—
40,000
TASK 4. Public Review Recirculated DSEIR
NA
25,000
TASK 5. Revised Final SEIR/Response to Comments
10,000
40,000
TASK 6. MMRP
1,000
5,000
TASK 7. FOF/SOC
5,000
20,000
TASK 8. NOD
2,000
2,000
April 14, 2025 1 Page 2
05/12/2025 City Council Agenda 350

UPLIA 17
y
Table 1. Freeway Corridor Specific Plan SEIR Cost Estimate Option 1: Revised Final
Option 2: Recirculate
Proposed Tasks Under New Task 14
SEIR
SEIR
TASK 9. Project Management
9,500
35,000
(Option 1= 4 Months; Option 2 = 16 Months)
Task 9.1 PM
6,500
25,000
Task 9.2 Meetings
3,000
10,000
TASK 10. Hearing Attendance
4,000
15,000
(Option 1 = 1 Hearing; Option 2 = 4 Hearings)
Subtotal
$47,000
$995,000

REIMBURSABLE EXPENSES
$3,000
$6,500
GRAND•
1 1/1
$1,001,500
Notes: Subconsultants billed at cost plus 10%. Mileage based on IRS mileage rate.

Assumptions:
• Task 1: Option 2 includes time to assist with the revised buildout statistics for the plan area and assumes that Recirculation of the Draft SEIR would not trigger the need for a new Notice of Preparation and Scoping Meeting. • Task 2: PlaceWorks does not anticipate the need to update the cultural and paleontological resources study because this study is not affected by the changes to the land use plan.
• Tasks 2.1 and 2.2: For Option 2, PlaceWorks does not anticipate the need to update the construction emissions and construction health risk analysis (HRA) for the Pacific Oaks Commerce Center (POCC) project because there are no changes to this project.

However, all other emissions modeling would need to be revised. • Task 2.3: For Option 2, assumes that the noise study, including noise monitoring, would need to be updated based on the new site plan.
• Task 2.4: For Option 2, the infrastructure report would need to be revised. Includes coordination with the Yucaipa Valley Water District to update the water supply assessment (WSA), which would need to be re -adopted for the Recirculated DSEIR. • Task 2.5: For Option 2, all transportation modeling for the VMT assessment and the LOS assessment for both the FCSP and POCC project would need to be revised using the latest SBTAM+ model, and traffic counts re -collected. For Option 1, the additional task budget is for hearing and meeting attendance.
• Task 2.6: For Option 2, the biological resources study would be updated to reflect the updated site plan boundaries and the new candidate species listed since the DSEIR was circulated. • Task 2.7: The changes to the OS-C configuration for Option 2 would necessitate a wildlife corridor camera study because of the potential impacts to the wildlife corridor.
• Task 2.8: For Option 2, the fire protection plan would be updated to reflect the new site plan and changes to the Fire Hazard Severity Zones.
• Task 2.9: For Option 2, a comprehensive evacuation plan would be needed to address the substantial increase in commercial and business park land uses and access.
• Task 5: For Option 1, this task does not include additional responses to comments but would incorporate updates to the Draft SEIR to reflect the minor changes to the land use plan and other minor technical updates since the DSEIR was circulated, as well as distribution of the Revised Final SEIR to the mailing list.

April 14, 2025 1 Page 3
05/12/2025 City Council Agenda 351

9 P LAC E KS
PlaceWorks - 2025 Standard Fee Schedule

STAFF LEVEL

HOURLY BILL RATE
Principal
$210-$345
Associate Principal
$195—$285
Senior Associate 11
$170—$270
Senior Associate 1
$160—$235
Associate II
$135-$200
Associate 1
$125-$185
Project Planner
$105—$175
Planner
$90—$155
Graphics Specialist
$90—$165
Administrator
$135—$245
Clerical/Word Processing/Technical Editor
$45—$170
Intern
$80-$125
Subconsultants are billed at cost plus 30%. Mileage reimbursement rate is the standard IRS -approved rate. Possible Yearly Increase of 5%on bill rates. 2025 S:.Fe Sch 01 1E 2025
Detailed Scope of Work for Option 1: Revised Final EIR (Task 14) TASK 14.1 PROJECT INITIATION/PROJECT DESCRIPTION
This task will re -kick off the SEIR process for the Specific Plan following the decertification of the SEIR at the April 28, 2025, City Council hearing. As part of this task, figures that rely on the proposed Land Use Plan will be updated, and the written project description in the SEIR will be updated to reflect the minor modifications to the land use plan being proposed by City staff. This task assumes that there will be no changes to the buildout and that the Specific Plan will be updated to reflect the maximum allowable buildout intensity of the commercial and business park land uses in the plan area (i.e., a development cap).

Deliverable
Revised project description (including graphics)
TASK 14.2 TECHNICAL STUDIES
Task 14.2.5 Transportation (Translutions)
This task reflects the additional budget for Translutions to attend one additional City Council hearing, virtual meeting attendance through the four -month CEQA process, and as -needed assistance with written responses to public comments prior to the hearing regarding transportation impacts of the proposed project.

April 14, 2025 1 Page 4
05/12/2025 City Council Agenda 352

L LACEWOAKS
D"',
Deliverable
» Translutions City Council Hearing Attendance
Monthly virtual meeting attendance (4 months)
TASK 14.5 REVISED FINAL SEIR
The Final SEIR for the proposed project was circulated to the commenters and posted on the City's website in May 2024. The Final SEIR was part of the certification package at the September 2024 City Council hearing. However, the Specific Plan was not approved and, at the September hearing, the City Council directed City staff to revise the land use plan to gain consensus from the majority property owners. The SEIR is being decertified at the April 28, 2025, City Council meeting as a result of a settlement agreement. Therefore, to re -certify the SEIR for the FCSP project, the Final SEIR will need to be updated and circulated with the public to reflect the changes to the proposed project.

This task includes time for PlaceWorks to revise the Final SEIR Chapter 3, Revisions to the Draft SEIR, to reflect the changes to the Land Use Plan and Specific Plan that have occurred. This version of the Final SEIR will be called the Revised Final SEIR. The Revised Final SEIR may include additional information, as needed, to address comments identified during the hearings. However, no additional quantitative modeling is anticipated for this effort.

Since the SEIR is being de -certified as a result of a settlement agreement, we are recommending that the Revised Final SEIR be distributed to the entire mailing list rather than just those that commented on the Draft SEIR. It should be noted that the Settlement Agreement requires that the City "shall notify the undersigned counsel of record of the hearing in writing no sooner than 10 days before the hearing." Therefore, it is recommended that a transmittal accompany the Revised Final SEIR that indicates the anticipated hearing dates. In addition, Corry Briggs will be included on the distribution list for the Revised Final SEIR to satisfy the requirements of the settlement agreement.

The Revised Final SEIR will need to be posted on the City's website. PlaceWorks will also upload the Revised Final SEIR to CEQAnet, distribute the transmittals electronically to those on the mailing list for which we have email addresses, and distribute the transmittal via certified mail to those on the mailing list for which we only have a physical address. The transmittal for the Revised Final SEIR will explain the reasons the City is revising the Final SEIR, identify where the Revised Final SEIR can be downloaded on the City's website, and identify the anticipated hearing date for the Specific Plan.

Deliverables
» Administrative draft Revised Final SEIR (electronic)
» Public Revised Final SEIR (electronic distribution + certified mailings) TASK 14.6 MMRP
This task includes additional budget to revise the Mitigation Monitoring and Reporting Program (MMRP) with any changes to the mitigation measures for the Specific Plan and/or the Pacific Oaks Commerce Center project prior to re -certification of the SEIR.

Deliverable
Revised MMRP (electronic)
April 14, 2025 1 Page 5
05/12/2025 City Council Agenda 353

9 PLACEWORKS
TASK 14.7 FOF/SOC
This task includes additional budget to revise the Findings of Fact (FOF) and Statement of Overriding Considerations (SOC) with any changes to the proposed project and findings in the Revised Final SEIR, prior to re -certification of the SEIR.

Deliverable
» Revised FOF/SOC (electronic)
TASK 14.8 NOD
This task includes time to prepare and file a Notice of Determination (NOD) with the CEQAnet and the San Bernardino County Clerk following approval of the proposed project. In addition, the NOD is now required to be posted on the City's website following project approval. Our scope of work assumes payment of the $SO County Clerk filing fee only since the project is a Subsequent EIR and the California Department of Fish and Wildlife (CDFW) fees have already been paid. Therefore, the NOD filing will include the past payment receipt for CDFW from the previous project approval.

Deliverables
» County Clerk NOD filing (County Clerk + Filing Fee)
» CEQAnet NOD filing (electronic)
TASK 14.9 PROJECT MANAGEMENT
Task 14.9.1 Project Management
This task reflects the additional budget needed to manage the proposed project from project initiation to re -certification of the SEIR (i.e., hearings). For the purpose of this cost estimate, we anticipate that this process will take up to four months.

Task 14.9.2 Meetings
This task reflects the additional budget for monthly virtual meeting attendance by the Project Manager and Assistant Project Manager for the duration of the project (up to four months).

Deliverable
» Monthly virtual meeting attendance (4 months: PM and APM) TASK 14.10 HEARING ATTENDANCE
This task includes time for the Project Manager and Assistant Project Manager to attend one City Council hearing for the Specific Plan.

Deliverables
» City Council hearing attendance (1 hearing: PM and APM) April 14, 2025 1 Page 6
05/12/2025 City Council Agenda 354

9 PLACE WORKS
Acknowledgment
This proposal shall remain valid for a period of 90 days from the time of submittal. The attached Service Authorization, which includes our General Terms of Consulting Agreement, is a part of this proposal. If the contents of this Proposal and Agreement are satisfactory, please indicate your approval by signing the Service Authorization and sending it to our Corporate office. As Principal, I am authorized to bind PlaceWorks and the project team to the contents of this proposal.

We look forward to working with you to bring about the successful completion of this project. If you have any questions regarding the contents of this proposal, please feel free to contact the undersigned.

Respectfully submitted,

PLACEWORKS
illy
Nicole Vermilion
Principal
JoAnn C. Hadfield
Principal
April 14, 2025 1 Page 7
05/12/2025 City Council Agenda
355

ATTACHMENT 3
05/12/2025 City Council Agenda 356

Benjamin Matlock
From: Craig Heaps wrote:

Hi Craig,
We are showing 4 different maps —the existing FCSP, the September CC version of the update, the current version shown on ourArcGIS hub, and the commercial/industrial version you had provided. Happyto chat further.

Benjamin Matlock
Deputy Director of Community Development / City Planner City of Yucaipa
City Hall • 34272 Yucaipa Blvd • Yucaipa, CA 92399
Office: 909-797-2489 Ext. 261
www.yucaipa.g v • Yucaipa Permit Exchange
05/12/2025 City Council Agenda 1 357

YUCAIPA

H PERMIT EXCHANGE
From: Craig Heaps
Sent: Tuesday, April 22, 2025 9:00 AM
To: Benjamin Matlock ; Jennifer Crawford ; Fermin Preciado, P.E. ; Travis Heaps
Subject: Maps
Good morning Ben. It is my understanding, from your presentation, that you are planning on bringing three (3) variations of the FCSP to present to the Community and to City Council. I would like to work with you to preserve the Housing Element, leave open the ability to bring a Warehouse to Yucaipa and open up opportunities for Commercial Development.

It would be helpful, at this point, if you could send me all three (3) proposals to review and potentially discuss prior to Monday night's meeting.

Thank you Ben.

Craig Heaps
Managing Member
909-283-8588
*fast

ENM E N T
543 W, County Line Rd
Calimesa, CA 92320
05/12/2025 City Council Agenda 2 358

ATTACHMENT 4
05/12/2025 City Council Agenda 359

Benjamin Matlock
From:

Sent:

To:

Cc:

Subject:

Attachments:

Jennifer Crawford
Interim City Manager
Jennifer Crawford
Monday, April 28, 2025 9:44 AM
Benjamin Matlock
Fermin Preciado, P.E.

FW: City Council Meeting 4/28/25: FCSP
Agenda Report Comment Letter 4.27.25.pdf
City of Yucaipa
City Hall • 34272 Yucaipa Blvd • Yucaipa, CA 92399
Office: 909-797-2489 Ext. 236 Mobile: 909-768-4888
www.yucaipa.gov
From: Bob Miller
Sent: Monday, April 28, 2025 9:12 AM
To: Steven Graham ; Jennifer Crawford
Subject: Fw: City Council Meeting 4/28/25: FCSP
FYI. Received today
Get Outlook for iOS
Bob Miller
Councilmember
City of Yucaipa
City Hall . 34272 Yucaipa Blvd • Yucaipa, CA 92399
Office: 909-797-2489 Ext. 501
www.yucaipa.gov
05/12/2025 City Council Agenda 1 360

From: Robinson Properties LP
Sent: Monday, April 28, 2025 8:00:00 AM
To:[email protected] ; Chris Venable ; Justin Beaver ; Judy Woolsey ; Bob Miller
Cc: kgrobins ; Craig Heaps ; Travis Heaps

Subject: City Council Meeting 4/28/25: FCSP
Dear Mayor and Councilmembers,
Ken and I would greatly appreciate your careful review and consideration of our attached comments prior to deciding how to direct City staff on this matter.

We apologize for the short timing. Ordinarily we would have sent our comments sooner but we didn't even see or know about the agenda report until Saturday. It's been a tough week. My brother passed away and I was in Florida to be with him.

Thankyou,
Sandy Robinson
05/12/2025 City Council Agenda 2 361

Robinson Ranch
130 E Montecito Abe 4246
Sierra Madre CA 91024
tie,[ -1'(t ,,mail.com
April 27, 2025
RE: City Council Agenda 4/28/25 Item # 24-044/GPA/SPA
Dear Mayor Thorpe and Councilmembers Beaver, Venable, Woolsey and Miller.

Staff doesn't mention any positive effects of the Robinson plan (Option 4) other than the Robinson family likes it. It also has disregarded other Robinson plans like those shown in Option 6.

Before directing staff how to proceed on this matter with respect to Option 4, let this sink in:
• Sales tax increase could be over $5,000,000/year to the City. • Property tax increase to the City will be substantial. • Jobs provided could be hundreds, even thousands; helps commuters off and saves gas. • Valuable freeway frontage won't be wasted on natural open space promoted by environmentalists who value weeds and may not understand the FCSP's unique benefits for the City's prosperity. • On average, 40% open space is already required on all projects in addition to the green areas in specific plan designs. It's a double dip system for the staff to not mention this and hurts development.
• Rainwater wash water will be directed into underground culverts so not to waste valuable freeway frontage to damaging and dangerous open wash areas.
• Road realignment (Calimesa Blvd at Oak Glen) will provide more retail sales opportunities and enhance safety for citizens and visitors.
• Housing Element requirements will be satisfied.
• Housing locations south of the 1-10 by County Line will be preferable to Options 1,2,3 &5. Ask yourself, would you want to buy a house that's bordered by the freeway on one side, a sewage plant on another side and warehouses with 24/7 trucks on the other two sides? Some comparisons of the options and supporting maps follow. How you direct staff will have lasting effects on Yucaipas's future for decades to come. I urge you to make the most of this opportunity do it right. Why struggle to save a faulty, outdated FCSP and it's EIR at the expense of Yucaipa's economic future?
Thank you for your consideration.

Ken Robinson
05/12/2025 City Council Agenda 362

6enerai Nian Land useS
r
Existing Adopted FCSP Land Use Map
Downzonins Issues: Page 259 of the 4/28/25 City Council Agenda Report under "Cons", states the following:
..Council will need to provide direction on areas that should be upzined ... It should be noted that pursuant to SB 330, the City cannot downaone the FCSP." Options 2, 3 & 5 propose downzoning the area depicted herein from Business Park/Industrial to a Business Park/Industrial and Residential (R2) combo in spite of laidowner's objections. All options except 4 & 6 downzone the owner's property from the above circled land use district as At
shown:
ost
PA 12
1 AC 6
1 OS
If approved, options 2. 3 & 5 could therefore subject the city to legal challenges. Also, depicted property is immediately adjacent to the proposed Wildwood Canyon Interchange which renders the proposed residential land -use zone a less suitable use for this specific property than business uses. Option 4 and 6 avoid those pitfalls.
05/12/2025 City Council Agenda 363

Other Downzoning Proposals in Options 2,3 & 5:

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i -BV •Bwti�Rr�
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Option 2 & 51pertaining to Robinson's landholdings_ only):
• ; Replaces developable areas (circled above) with open space (circled below) • : Significantly increases OS Conservatiorl Land Use Districts Requirements (Dark Green below)
05/12/2025 City Council Agenda 364

Other Downzoning Proposals continued...

Existing Adopted FSCP Land Use Plan (2008)
General Plan Land Uses
Option 3•
• : Replaces developable areas (circled above) with open space (circlet; below) • Significantly increases OS Conservation Land Use Districts Requiriiments (Dark Green below)
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C
05/12/2025 City Council Agenda 365

Option 4
Landowner Robinson has proposed Option 4 and disagrees with the City's assessment of its positive and negative attributes. Page 259 of the City Council Agenda Report 8/28/24 identifies only one "pro" for this plan, but it identifies eleven "cons". The Option Comparison table on page 267 contains inaccurate, one - side data regarding Option 4.

The enormous economic benefits for the community and perpetuation of the City's future have been disregarded entirely. Additional time and costs that may be needed to process this option are dwarfed by the benefits that are specific to this land along the freeway corridor. These opportunities cannot be found anywhere else in the City.

The report neglects to mention that anywhere from 10% to 60% of each developable area is required to be open space. Any open space areas identified in green on options 1, 2, 3 & 5 are in addition to the open space requirements within each developable area pursuant to the City's Development Standards.

The land uses proposed in Option 3 for other FCSP landowners/stakeholders are included and even enhanced in option 4. The staff report indicates the other landowners/stakeholders are in agreement with those uses. If they don't want the enhanced proposals, Option 6 could easily be modified. 05/12/2025 City Council Agenda 366

Option 6
Robinson proposed another land use map option (herein identified as Option 6) which was submitted for consideration at the August 28, 2024 public hearing. Page 258 of the 4/28/25 City Council report refers to this plan and states "One potential option that was explored but deemed impractical was to disregard the existing adopted 2008 FCSP and completely restart the process and prepare a completely new FCSP rather than an update to an existing plan."
The property owner disagrees with this finding and would like resubmit Option 6 for Council's consideration in the event Option 4 is not acceptable. Option 6 satisfies the housing requirements and, although it does not optimize business opportunities as well as Option 4, it does provide substantial business opportunities that are missing from Options 1,2,3, & 5. It also provide up to 60% open space within the developable areas pursuant to Yucaipa's Development Standards.

Option 4 is preferrable to Option 6. It actualizes more of the potential financial and economic gains for the City and provides better residential locations. Option 6 places over 1200 homes in an area that will be surrounded by the freeway on the north, a sewer plant on the south and warehouses on the east and west. This location is better suited for business uses.

V.
05/12/2025 City Council Agenda
367

ATTACHMENT 5
05/12/2025 City Council Agenda 368

Benjamin Matlock
From: Craig Heaps
Date: Mon, Apr 28, 2025 at 1:39 PM
Subject: Email to Council Regarding FCSP 04.28.25
To: Craig Heaps
Cc: Craig Heaps
Dear Honorable Mayor and Councilmembers,
I hope this message finds you well.

On behalf of West Coast Entitlement and our client, the Robinson family, I am writing to provide important clarification regarding the Freeway Corridor Specific Plan (FCSP) update scheduled for discussion this evening.

Following the Council's direction in September 2024 to work collaboratively with affected property owners, West Coast Entitlement submitted two distinct land use plan options to City staff in February 2025. Both proposals were intended to demonstrate flexibility and a genuine desire to work toward a balanced, consensus -based solution. However, only the more development -intensive of the two options has been included in the staff report materials provided for tonight's meeting. 05/12/2025 City Council Agenda 1 369

For your reference, I have attached the omitted alternative plan to this email. This plan represents a more balanced approach that was carefully crafted to align the City's objectives with the interests of property owners. It is critical that the Council have the opportunity to review both options before giving direction on the path forward, particularly as staff prepare the Subsequent Environmental Impact Report.

Beyond the omission of the second land use alternative, there are broader concerns that we respectfully bring to your attention. Since the departure of former City Manager Chris Mann, there has been a noticeable shift in the City's approach to the FCSP. Under Mr. Mann's leadership, West Coast Entitlement engaged in multiple meetings with City staff, and we made substantial progress toward resolving key issues, including agreements regarding roadway realignments, restoration of right-of-way areas, and the relocation of proposed water tank sites. Many of these items, which reflect careful negotiation and compromise, have been omitted from the current plans now under consideration.

Additionally, the staff report's own language raises troubling implications. Staff acknowledge that our proposed land use option would "reduce the ability to achieve project funding and construction of the future Wildwood Canyon Road Interchange," stating that more intense development "could jeopardize the ability to secure necessary rights -of -way or create additional costs associated with land acquisition." Staff further notes that preserving open space "would reduce acquisition costs and facilitate future interchange construction." This admission suggests that the proposed downzoning of prime freeway frontage may be driven by a desire to devalue private property in anticipation of future public acquisition.

This approach not only undermines the collaborative process the Council directed but also creates significant legal risks.

Actions that substantially impair the economic use of private property to facilitate future public projects may expose the City to claims of inverse condemnation. Such risks should not be overlooked as the Council provides direction tonight. Given these circumstances, we respectfully request that you consider the full range of information including the attached omitted plan — and proceed cautiously in giving staff direction. The success of the FCSP depends on a process that is transparent, collaborative, and legally sound.

Thank you very much for your time, your attention to this important matter, and your continued commitment to ensuring a fair and equitable outcome for all stakeholders. It should be noted that the attached proposed alternative takes into consideration all of the housing dedicated within the Housing Element. It also provides the space for the proposed warehouses, allows for ample commercial development with prime freeway frontage, relocates the water tank to reserve prime developable acreage, and should satisfy all stakeholders. Mayor Thorp, I would ask that the attached land use alternative be shown as "Option 4" instead of the option provided in the packet, and that I have the opportunity, while it is shown on the screen, for me to address the Council and the "room" regarding its merits. Should you have any questions or wish to discuss the attached alternative in further detail, please do not hesitate to contact me directly.

Respectfully,
Craig Heaps
Managing Member
(909) 335-1665
05/12/2025 City Council Agenda 2 370

WW Cast

ENISEMENT
05/12/2025 City Council Agenda 3 371

ATTACHMENT 6
05/12/2025 City Council Agenda 372

Jennifer Crawford
From: Craig Heaps
Sent: Thursday, May 1, 2025 2:16 PM
To: Jennifer Crawford; Bob Miller, Judy Woolsey; Jon Thorp; Justin Beaver; Chris Venable; Travis Heaps; kgrobins; Robinson Properties LP; Fermin Preciado, P.E.; Brandi Heaps Subject: Fwd: Revisions to the FCSP
Attachments: Revised FCSP Plan - Incr Ind&comm - 02.26.25.pdf; Revised FCSP Plan - Mixed -

02.26.25.pdf
Good morning - At the City Council meeting of April 28th, Option 4 was presented as "The Plan submitted by the Robinson's and West Coast Entitlement" for consideration. It probably seemed irresponsible to everyone in attendance that we submitted a second plan just "3 hours before the hearing," and expected the Council to review it. I was not afforded the opportunity to address those comments because I was only allotted three minutes as part of the Public Hearing process.

Several times Councilman Miller and the Interim City Manager Ms. Crawford, admonished us, repeatedly, for bringing this "alternative" option only three (3) hours before the hearing. I am sure that the Robinson Family was less than impressed that we hadn't submitted the other plan. They were not present at the meeting, but were listening and watching.

Please afford me the opportunity here to set the record straight. If you refer to the attached email, from February 26th, you will see that Travis Heaps sent Mr. Matlock, Mr. Preciado, City Manager Mann, and Councilman Venable both of the concepts that we had carefully put together in working with the Robinson Family. Version 1 is the Plan that was presented by the Planning Department and Version 2 (titled as "Mixed" is the plan that was represented at Council as only being presented three (3) hours before the meeting.

I can acknowledge that most of you only saw that version through my follow up email on the 28th. That email was necessitated by the absence of this plan in the Agenda Packet. Why was this omitted? What I want to point out, is that the only reason that you saw it in an untimely manner, is that it was not shown to you as part of Mr. Mattock's presentation! If you will kindly review the email shown below, you will see the date of February 26th at 4:03 PM as the time that this plan was presented to the aforementioned parties. Over a month prior to the City Council meeting. You would have thought that Mr. Matlock would have corrected matters by explaining that the plan had actually been sent 30 days prior, but that he didn't find it necessary to include or even acknowledge when he had received it. It was represented by City Manager Mann that the City wanted to "work with us", but the City Planner never called on us to meet. It seems that when the City manager was "let go", that the City lost all direction on this matter. It is also clear that the City Planner has "crafted" his presentation utilizing the "financial implications" of each plan to guide the Council in the direction that Staff prefers.Our Plan ,that was omitted, closely resembles Plan 3 and should be the Plan of choice May 12th.

Additionally, the email shown below, pointed out the very important thoughts of Ken and Sandy Robinson. Travis also brought up that we were available to meet, an invitation that was never accepted, nor reciprocated. It does not seem that the wants of the Robinson family are being properly considered by the "City of Yucaipa in regards to"their " land". Please read the email below for context and information.

Lastly, in my email on the 28th, I asked that I be allowed to address the Council as a Representative of the Robinsons. I had expected to be allowed to speak as a project Proponent, after Public Comment and, after the FCSP was introduced to Council. The Mayor, who runs the meeting, did not call on us to speak, Meanwhile the Pacific Industrial owner was called up by Councilman Miller,and proceeded to give a 35 05/12/2025 City Council Agenda 1 373

minute presentation, Unusual in that the Mayor is normally in the position of calling Citizens, Representatives or others to the podium, as a rule of order. I understand the Citys' justification for wanting the Warehouses, but right now we are looking to make sure all of the landowners are content with the approved plan, with the Robinsons owning about 50% of the land in that area. Please, do not forget that.

I am officially requesting that this be the "Option 4" and that I be allowed to give a synopsis of our proposal prior to Council discussion to properly present this on behalf of the Robinsons and allow the Council to make an informed decision. As the Majority landowner in the FCSP, they deserve to be heard and their request taken seriously. I look forward to any comments or direction. Thank you, Craig Heaps
Managing Member
909-283-8588
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05/12/2025 City Council Agenda 374

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05/12/2025 City Council Agenda 376

CITY OF

AGENDA REPORT
DATE: May 12, 2025
Item No. 22
TO: Honorable Mayor and City Council �
FROM: Fermin Preciado, Director of Development Services/City Engineer�[?- Benjamin J. Matlock, Deputy Director of Community Development/City Planner/l�-- SUBJECT: Annual Adjustment of Development Impact Fees
RECOMMENDATION:

That the City Council continue the Public Hearing for Annual Adjustment of Development Impact Fees to the City Council meeting of June 9, 2025.

BACKGROUND/DISCUSSION:

The City has been working through the final refinements of the 2025 Development Impact Fee Program to ensure that future development is appropriately charged their fair share of fees. Therefore, staff recommends that the City Council continue the Public Hearing to the meeting of June 9, 2025.

Approved b �.J
05/12/2025 City Council Agenda 377

CITY OF
Item No. 23

AGENDA REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
FROM: Trevor Benson, Public Safety Manager
SUBJECT: Ordinance No. 454 - Adoption by Reference of Section 16.0226 of the San Bernardino County Code (Schedule of Fees for Services) Regarding Firearms Storage RECOMMENDATION:

That the City Council:

1. Approve the introduction and first reading of Ordinance No. 454 - an Ordinance of the City Council of the City of Yucaipa, California, adopting by reference Section 16.0226 of Chapter 2 of Division 6 of Title 1 of the San Bernardino County Code to establish a schedule of fees for firearms storage and other Sheriff's Department services rendered within the City; and

2. Direct the City Clerk to publish the required notice and schedule a duly noticed public hearing for second reading and adoption of Ordinance No. 454 at the next regular City Council meeting.

BACKGROUND/DISCUSSION:

Under Federal and California law, specified persons — including felony arrestees, persons convicted of certain misdemeanors, and individuals subject to qualifying civil commitments — are prohibited from possessing firearms. When a firearm owner becomes a prohibited person, or when a firearm is evidence in a criminal proceeding, the owner must lawfully transfer the weapon to (i) a law -enforcement agency for safekeeping or (ii) a Federal Firearms Licensee (FFL) for storage pending lawful disposition. Local agencies are therefore mandated to accept surrendered firearms and to maintain them in secure, trackable custody until the underlying case is resolved.

Since 2021 the Yucaipa Police Department has accepted more than 371 firearms for storage. Each firearm must be logged into state and federal databases, stored in a secure evidence facility, inspected periodically, and formally released or destroyed when the owner becomes legally eligible or a court so orders. Every Sheriff's station in San Bernardino County, and the surrounding contract cities, already recovers the direct cost of these services through a firearms -storage fee schedule. Because Yucaipa has no fee in place, the City has become a no -cost repository, attracting firearms from as far away as San Diego. The un-reimbursed workload diverts sworn and professional staff from core policing functions and consumes limited evidence -room capacity. 05/12/2025 City Council Agenda 378

The San Bernardino County Board of Supervisors codified its firearms -storage and related Sheriff's Department fees in County Code § 16.0226. Adopting that section by reference will align Yucaipa's charges with the schedule already applied county -wide, avoiding duplication of cost -of -service studies and maintaining parity with neighboring jurisdictions. As the service is provided by a County agency under contract, the amount of the fee is supported by the County's own fee study.

California Government Code §§ 50022.1-50022.10 expressly permit a general -law city to adopt a county ordinance "by reference," provided that (a) at least one certified copy is on file with the City Clerk for public inspection, and (b) the adopting ordinance is introduced, noticed, and adopted pursuant to the procedures in § 50022.3 (including publication of a summary or full text).

Ordinance No. 454 would add Yucaipa Municipal Code § 2.28.055, which incorporates County Code § 16.0226 by reference "except to the extent any particular fee has been otherwise established by the Yucaipa City Council.". The cross-reference ensures that future technical updates to the County schedule will flow automatically to City operations unless the Council affirmatively sets a different amount.

Adoption of Ordinance No. 454 is expected to be fiscally positive by recovering the actual, reasonable costs of a service that the City already provides, it avoids subsidizing non-resident firearms owners and frees existing General -Fund resources for core City priorities.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Attachment:

1. Ordinance No. 454
Approved by:
05/12/2025 City Council Agenda 379

ATTACHMENT 1
05/12/2025 City Council Agenda 380

ORDINANCE NO.454

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADOPTING BY REFERENCE SECTION 16.0226 OF
CHAPTER 2 OF DIVISION 6 OF TITLE 1 OF THE SAN BERNARDINO

COUNTY CODE TO ESTABLISH A SCHEDULE OF FEES FOR

FIREARMS STORAGE AND OTHER SHERIFF'S DEPARTMENT

SERVICES RENDERED WITHIN THE CITY
WHEREAS, the City of Yucaipa contracts with the San Bernardino County Sheriffs Department to provide law -enforcement services, including the secure intake and storage of firearms that must be surrendered under federal or state law; and WHEREAS, Section 16.0226 of the San Bernardino County Code establishes a schedule of fees that reimburses the Sheriffs Department for the direct costs of receiving, cataloging, storing, and releasing surrendered firearms; and
WHEREAS, adopting that fee schedule for firearms -storage services rendered within the City will promote consistency with surrounding jurisdictions, recover the City's contract costs, and ensure that those who use the service bear its reasonable cost; and WHEREAS, the City Council therefore desires to incorporate Section 16.0226 of the San Bernardino County Code into the Yucaipa Municipal Code by reference, except where the Council has established a different fee.

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

Section 1. Adoption by Reference.

Section 2.28.055 of the Yucaipa Municipal Code is hereby adopted to read as follows:

2.28.055 Adoption by Reference of Section 16.0266 of San Bernardino County Code Section 16.0226 of the San Bernardino County Code, as codified Chapter 2 of Division 6 of Title 1 of the San Bernardino County Code, by which the Board of Supervisors of San Bernardino County has fixed the fees for services provided by the San Bernardino County Sheriff's Department personnel, is adopted by reference for those same services when provided by San Bernardino County Sheriff's Department personnel within the jurisdiction of the City of Yucaipa, except to the extent such fees have been otherwise established by the Yucaipa City Council.

Section 2. Severability.

If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions 05/12/2025 City Council Agenda 381

of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

Section 3. CEQA.

The adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061 (b)(3) (no significant environmental impact).

Section 4. Effective Date.

This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Yucaipa.

Section 5. Publication and Posting.

The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa.

PASSED, APPROVED and ADOPTED this day of , 2025.

ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
Jon Thorp, Mayor
Steven Graham Pacifico
City Attorney
05/12/2025 City Council Agenda
382

Item No. 24

AGENDA REPORT
DATE: May 12, 2025
TO: Honorable Mayor and City Council
FROM: Phil White, Director of Finance &
SUBJECT: Public Hearing on Staffing Vacancies to Comply with Assembly Bill 2561 RECOMMENDATION:

That the City Council hold a public hearing in accordance with the requirements of Assembly Bill 2561.

BACKGROUND/DISCUSSION:

This item is being presented in response to Assembly Billy 2561 (AB 2561), signed into law by Governor Newsom on September 22, 2024, in response to new transparency requirements related to staffing vacancies. AB 2561 mandates that public agencies hold at least one public hearing each fiscal year before the adoption of their budgets to report on staff vacancy levels, evaluate hiring and retention efforts, and allow for participation by recognized bargaining groups. This report includes workforce data for the 2024 calendar year, along with the most current staffing status as of May 5, 2025.

The legislative intent of AB 2561 declares the following:

1. Job vacancies in local government are widespread and a significant problem for the public sector affecting occupations across wage levels and education requirements.

2. High job vacancies impact public service delivery and the workers who are forced to handle heavier workloads, with understaffing leading to burnout and increased turnover that further exacerbates staffing challenges.

3. There is a statewide interest in ensuring that public agency operations are appropriately staffed and that high vacancy rates do not undermine public employee labor relations.

To mitigate these impacts, the law requires agencies to:

1. Report annually on vacancies, recruitment activity, and retention strategies;

2. Identify any policies or practices that may hinder hiring or retention;

3. Provide recognized bargaining groups an opportunity to present during the public hearing; and

4. If any bargaining group vacancy rate reached or exceeds 20% of authorized positions, provide additional data upon request, including applicant volume, hiring timelines, and efforts to improve compensation, benefits, and working conditions. 05/12/2025 City Council Agenda 383

Failure to comply with AB 2561 may result in an unfair practice charge. Agencies are obligated to present vacancy information annually or, under certain circumstances at the employee organization's request. Employee organizations are allowed to present to the City Council when the vacancy report is presented.

As of May 5, 2025, the City has 75 full-time equivalent (FTE) authorized positions of which 45 are represented by the Yucaipa City Employees Association (YCEA) bargaining group. The City has 8 vacancies of which 4 are represented by YCEA. Citywide, 5 of the vacancies are unfunded of which 2 are represented by YCEA.

The City is committed to maintaining a skilled and resilient workforce and to complying with the requirements of AB 2561. This report and public hearing fulfill the requirements of AB 2561 and confirm that all represented bargaining units are below the 20% vacancy threshold. The City will continue to monitor staffing trends, address recruitment challenges, and invest in workforce development.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact
Approved by,
05/12/2025 City Council Agenda 384

Yucaipa City CouncilMay 12, 2025

Yucaipa City Council
May 12, 2025