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.
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:
ATTACHMENT 1
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
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