Jon Thorp, Mayor
Chris Venable, Mayor Pro Tem
Justin Beaver, Councilmember
Bob Miller, Councilmember
Judy A. Woolsey, Councilmember
Jennifer Crawford, Interim City Manager
Steven Paciflco, City Attorney
Ana V. Sauseda, City Clerk
AGENDA
City Council
Successor Agency • Housing Authority
August 25, 2025
City Hall - City Council Chambers
34272 Yucaipa Blvd., Yucaipa, California
Teleconference Participation Notice
Pursuant to Government Code Section 54953 of the Brown Act, Councilmember Beaver will be participating in this meeting via teleconference from the following remote location:
Courtyard Washington Downtown/Convention Center
901 L. Street, NW
Washington, DC 20001
The City Council serves as the Board for the Yucaipa Successor Agency and Commission for the Yucaipa Housing Authority.
Public Comment will be called at the time and place noted on the Agenda below for the general public to address the City Council, Successor Agency and Housing Authority. Please complete a speaker's form and return it to the City Clerk prior to the beginning of the meeting. Public Comment will be conducted in accordance with the Rules of Procedure adopted pursuant to Resolution No. 2023-07. There is a three -minute time limit for speaking and time may not be ceded to another speaker.
Public Comment Via Mail or Email
Items must be submitted no later than three (3) business hours prior to the meeting at which the commenter seeks to provide comment. Public comment may be submitted via U.S. Mail to the City Clerk at 34272 Yucaipa Blvd., Yucaipa, CA 92399 or via email to [email protected]. All mail and email correspondence will be archived, distributed to City Council, and retained as part of the public record; however, submissions will not be read out loud during the meeting. The subject line should specify "Public Comment" and include the date of the meeting.
08/25/2025 City Council Agenda
1 Written public comment submitted on non -agenda items and on specific agenda items will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City's website at https://yucaipa.gov/agendas-minutes/ . Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.
Live stream/recording of City Council meetings:
Members of the public may watch city council meetings live at: https://yucaipa.gov/live .
Possible Live Stream Disruptions:
While the City of Yucaipa strives for uninterrupted streaming, technical issues may occasionally occur. We ask for your understanding and patience should there be any disruptions during the live broadcast. We will work diligently to resolve any issues promptly, however, please be advised that the City Council meeting may continue in person while such issues are resolved. Every attempt will be made for the meeting to be recorded and made available for viewing after its conclusion.
CLOSED SESSION — 3:00 PM
A. PUBLIC EMPLOYEE APPOINTMENT (PROCESS DISCUSSION)
Pursuant to Section 54957
Title: City Manager
B. CONFERENCE WITH LEGAL COUNSEL — CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
Property: APN 0301-221-06 (Adjacent to 33632 Outer Highway 10) Agency negotiator: Interim City Manager Jennifer Crawford Negotiating parties: Lamar Advertising Company
Under negotiation: Price and Terms of Payment
OPEN SESSION — 6:00 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
CHANGES TO THE AGENDA
SPECIAL PRESENTATION
Introduction of New Captain
08/25/2025 City Council Agenda
2 PUBLIC SAFETY UPDATE
• Police
• Fire
• Code Enforcement
PUBLIC COMMENT
LIMIT 3 MINUTES
CITY COUNCIL CONFLICT OF INTEREST DISCLOSURE
In compliance with the Political Reform Act, Levine Act, and under Common Law, this agenda item provides an opportunity for City Council members to disclose any potential conflicts of interest related to any other item on the agenda. The purpose of this disclosure is to ensure transparency and maintain public trust in the Council's decision -making process.
CONSENT AGENDA
The following Consent Agenda items are expected to be routine and non -controversial.
Council will act upon them, at one time, without discussion. Any Councilmember or staff member may request removal of an item from the Consent Agenda for discussion.
Members of the City Council also sit as the Board for the Successor Agency and Commission for the Housing Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF AUGUST 11, 2025
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority minutes of August 11, 2025.
2. SUBJECT: SECOND READING OF ORDINANCE NO. 460
RECOMMENDATION: That the City Council approve the Second Reading of Ordinance No. 460, an Ordinance of the City Council of the City of Yucaipa, California, Repealing and Replacing Ordinance No. 394 to the Yucaipa Municipal Code Related to Temporary Special Events
3. SUBJECT: AWARD OF CONTRACT WORK — FISCAL YEAR 2025/2026 CONCRETE PROGRAM— PROJECT NO. 11241
RECOMMENDATION: That the City Council:
1. Award and authorize the Interim City Manager to execute a contract, and the Interim City Manager or her designee to administer the terms of the contract to the lowest responsible bidder, VAN Engineering, Inc. of Wildomar, CA in the amount $155,140 for the FY 2025/2026 Concrete Program, Project No. 11241 (Program); and
2. Approve the amounts of $18,000 for construction contract contingency and $10,000 08/25/2025 City Council Agenda
3 for construction contract administration, staff time and inspection costs for a total construction budget in the amount of $183,140; and
3. Authorize the Interim City Manager or her designee to administer the distribution of the construction contract contingency; and
4. Approve the plans and specifications prepared for the contract for Project.
4. SUBJECT: AWARD OF CONTRACT — FY25/26 PAVEMENT REHABILITATION PROGRAM, AC BERM PROGRAM AND PATCHING PROGRAM — PROJECT NO. 11238
RECOMMENDATION: That the City Council:
1. Authorize the Interim City Manager to execute a contract, and the Interim City Manager or their designee to administer the terms of the contract to the lowest responsive bidder, Matich Corporation of Highland, CA, in the amount of $2,695,598 for the FY25/26 Pavement Rehabilitation Program, AC Berm Program and Patching Program — Project No. 11238; and
2. Approve the amounts of $130,000 for construction contract contingency and $65,000 for construction contract administration, surveying, staff time, and inspection, for a total construction budget in the amount of $2,890,598; and
3. Authorize the Interim City Manager or their designee to administer the distribution of the contract contingency; and
4. Approve the plans and specifications prepared for the contract for Project No. 11238.
5. SUBJECT: LAND WATER CONSERVATION FUND GRANT APPLICATION RESOLUTION NO. 2025-50
RECOMMENDATION: That the City Council adopt Resolution No. 2025-50 approving the application for the Land and Water Conservation Fund requesting grant funding for the 13th Street Sports Complex Project through the California Department of Parks and Recreation.
6. SUBJECT: APPROVAL OF FINAL PARCEL MAP NO. 20281
RECOMMENDATION: That the City Council:
1. Find that Final Parcel Map No. 20281 is in substantial conformance with the previously approved tentative map; and
2. Approve Final Parcel Map No. 20281 in accordance with the Conditions of Approval; and
3. Accept any and all dedications for public -right -of way and easements as offered and described on the map for street, drainage, and public utility purposes; and 08/25/2025 City Council Agenda
4 4. Authorize the City Clerk and City Engineer to sign the map evidencing the City Council's approval; and
5. Authorize staff to process and file the map with the San Bernardino County Assessor - Recorder -County Clerk's Office.
7. SUBJECT: GRANT ACCEPTANCE OF THE EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG)
RECOMMENDATION: That the City Council:
1. Authorize the acceptance of the 2023 and 2024 Edward Byrne Memorial Justice Assistance Grants (JAG) in the amounts of $11,874 (2023) and $12,134 (2024), respectively; and
2. Approve the proposed use of grant funds as outlined in this report; and
3. Authorize the Interim City Manager, or her designee, to execute all necessary grant documents and agreements.
8. SUBJECT: OPPOSE AB 1333 AND AB 495; SUPPORT AB 426, AB 468, SB 571, SB 701
RECOMMENDATION: That the City Council oppose AB 1333 and AB 495, and support AB 426, AB 468, SB 571, SB 701, and authorize the Mayor to issue a letter and take other actions that may be necessary to represent the City Council's position.
DISCUSSION ITEMS
9. SUBJECT: FIRE DEPARTMENT BATTALION CHIEF VEHICLE
RECOMMENDATION: That the City Council:
1. Approve the procurement of a 2026 Ford F-250 Super Duty Pickup truck in the amount of $64,072 from Downtown Ford of Sacramento, CA; and
2. Provide direction to staff regarding a comprehensive lease strategy for the City's vehicle fleet.
10. SUBJECT: MONTHLY REPORT ON YUCAIPA APP USAGE — JULY 2025 RECOMMENDATION: That the City Council receive and file a report of the user activity on the Yucaipa App for the month of July 2025. 08/25/2025 City Council Agenda
5 11. SUBJECT: ORDINANCE NO. 463 AMENDING SECTION 1.12.010 OF THE
YUCAIPA MUNICIPAL CODE
RECOMMENDATION: That the City Council approve the Introduction and First Reading of Ordinance No. 463, an Ordinance of the City Council of the City of Yucaipa, California, Amending Section 1.12.010 of the Yucaipa Municipal Code regarding the definition of "responsible person."
12. SUBJECT: URGENCY ORDINANCE NO. 464U — FIRE CODE UPDATE RECOMMENDATION: That the City Council adopt Urgency Ordinance No. 464U, an Urgency Ordinance of the City Council of the City of Yucaipa, California, amending the Fire Code of the City of Yucaipa.
PUBLIC HEARINGS
The order of Business for the Public Hearing Shall Be:
A. Open Public Hearing
B. Staff Presentation
C. Applicant/Representative Presentation (if necessary) D. Public Comments
E. Applicant Rebuttal (if necessary)
F. Public Hearing Closed
G. Council Discussion
H. Council Motion and Vote
SPEAKERS ARE ENCOURAGED TO BE BRIEF AND REMAIN WITHIN THE ESTABLISHED TIMEFRAME OF THREE (3) MINUTES. ONCE THE PUBLIC HEARING HAS BEEN CLOSED, NO FURTHER TESTIMONY WILL BE TAKEN. 08/25/2025 City Council Agenda
6 13. SUBJECT: FREEWAY CORRIDOR SPECIFIC PLAN UPDATE (CASE NO. 24- 044/GPA/SPA) & PACIFIC OAKS COMMERCE CENTER (21-
196/CUP/ARC/TPM):
The existing Freeway Corridor Specific Plan (FCSP), adopted in November 2008, allows for development of up to 2,447 residential units on 424.7 acres and up to 4,585,779 square feet of nonresidential uses on 242.7 acres within the 1,242-acre plan area. The proposed update to the FCSP (Case No. 24-044/GPA/SPA) would result in a total of 2,472 residential units and 5,093,265 square feet of non-residential uses. As a result, the proposed Project would result in an increase of 25 residential units, 2,786,461 square feet of Business Park (BP), and a reduction of 2,278,976 square feet of Regional Commercial (RC) compared to the existing FCSP. The Proposed Project also includes development of the Pacific Oaks Commerce Center (21-196/CUP/ARC/TPM), which consists of the development of two (2) buildings with warehouse and office spaces, totaling 2,054,000 square feet of building space, as well as truck parking and docking bays, consistent with the provisions included in the FCSP Update. (Tabled from September 23, 2024)
RECOMMENDATION: That the City Council conduct a public hearing regarding the Freeway Corridor Specific Plan (FCSP) and the Revised Final Supplemental Environmental Impact Report (SEIR), as well as Case No. 21-196 for the Pacific Oaks Commerce Center, and based on the direction provided in prior City Council Meeting discussions:
1. Adopt Resolution No. 2024-19, approving the Freeway Corridor Specific Plan Update with the items listed in the errata; certifying that the Revised Final Subsequent Environmental Impact Report (SEIR) has been completed in compliance with the California Environmental Quality Act (CEQA); accepting the mitigation measures identified in the Final SEIR; adopting Findings of Fact; and adopting a Statement of Overriding Considerations; and
2. Approve the Introduction and First Reading of Ordinance No. 448, an Ordinance of the City Council, of the City of Yucaipa, California, amending Ordinance No. 343, amending of the official land use plan and zoning ordinance of the City of Yucaipa; and
3. Approve the Conditional Use Permit (Case No. 21-196), subject to the Conditions of Approval as contained in the Agenda Report, and if acceptable, approve the Architectural Design and preliminary landscaping, for the Pacific Oaks Commerce Center Project (POCC); and
4. Adopt the Findings as contained in the Agenda Report; and
5. Approve the Mitigation Monitoring and Reporting Program; and direct Staff to file a Notice of Determination.
COUNCILMEMBER COMMENTS/REPORTS
ANNOUNCEMENTS
08/25/2025 City Council Agenda
7 ADJOURNMENT
Notice Regarding Americans with Disability Act
The City of Yucaipa complies with the Americans with Disabilities Act of 1990. If you need special assistance to participate in this meeting, please call the City Clerk's Department at (909) 797-2489, during normal business hours, at least 48-hours prior to the meeting.
Notification 48 hours prior to the meeting will enable the city to make reasonable accommodations to ensure accessibility to this meeting.
CEQA STATEMENT:
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA guidelines sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resource Code Section 21065.
Pursuant to Government Code Section 54957.5, any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Yucaipa to all or a majority of the City Council, less than 72 hours prior to that meeting, are available for public inspection at Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, CA 92399, during normal business hours.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
(Levine Act — Government Code section 84308)
Pursuant to Government Code section 84308, members of the City Council and Planning Commission are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid contracts, labor contracts, or personal employment contracts with City employees), franchises, discretionary land use permits and other entitlements if the Councilmember or Planning Commissioner received more than $500 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item since January 1, 2025. Any applicants, contractors or their agents who have made, campaign contributions totaling more than $500 to a City Councilmember or Planning Commissioner member since January 1, 2025, are required to disclose that fact for the official record of the subject agenda item and any such City Councilmember or Planning Commissioner shall not make, participate in making, or in any way attempt to use their official position to influence the subject agenda item. Disclosures must include the amount of the campaign contribution and identify the recipient City Councilmember or Planning Commissioner and may be made either in writing to the City Clerk prior to the subject hearing or by verbal disclosure at the time of the hearing.
NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, if you would like to challenge the decision of the City Council on an item appearing on this Agenda, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this Agenda, or in written correspondence delivered to the City at, or prior to, the public hearing. 08/25/2025 City Council Agenda
8 AFFIDAVIT OF POSTING
State of California
County of San Bernardino
City of Yucaipa
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby declare that the foregoing agenda was posted on 08/21/2025, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, California City of Yucaipa website www.yucaipa.gov
Ana V. Sauseda, MMC
City Clerk
1 1
8/21/2025 MI
Remove by: 8/26/2025
08/25/2025 City Council Agenda
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3 OFFICE OF TRAFFIC SAFETY (OTS)
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33 TRANSIENT CALLS FOR SERVICE IN JULY.
6 COMPLAINTS/TIPS VIA THE YUCAIPA APP IN JULY.
5 SUBJECTS ACCEPTED ASSISTANCE/INFORMATION AND 1 PLACEMENT. 40+ PARK PATROLS/VACANT PROPERTY CHECKS.
CONTINUED COLLABORATION WITH LOCAL BUSINESS OWNERS AND
MANAGERS. AND 13 UPDATED LETTERS OF AGENCY.
CODE ENFORCEMENT DRONE FLIGHT TO LOCATE ILLEGAL FIREWORK ACTIVITY.
2025 POINT IN TIME COUNT ; 4 UNSHELTERED SUBJECTS
70% DECREASE FROM 2024
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CITY OF YUCAIPAFIRE
DEPARTMENT
MONTHLY
ILEPOlT MhLY
2025
TOTAL CALLS: 181
Station 1 calls: 292
Station 2 calls: 195
Station 3 calls: 294
CITYWIDE CALLS
FOR SERVICE
,\Ift!loll!.
■ Medical Aid
■ Haz Mat
■ Other Fire
■ Structure Fire
■ Vehicle Fire
■ False Alarm
■ Investigation
■ Public Service Assist
■ Traffic Collision
- Assist
■ Fire Menace Standby
■ No Aid
■ Ringing Alarm
■ Vegetation Fire
k.,•
•
08/25/2025 Cit Council A • enda
POTATO FIRE
POTATO CANYON
OAK GLEN
08/25/2025 Cit Council A • enda
VENTS
4TH OFJULY
CELEBRATION AND
FIREWORKS SHOW
08/25/2025 City Council Agenda
PROTECTS
• CONTINUE HAZARDOUS
FUEL REDUCTION
• FIRE SAFE COUNCIL
• SCHOOL SAFETY
COMMITTEE
COMMUNITY WILDFIRE
PROTECTION PLAN
TRAINING
" C-212 CHAINSAW
REFRESHER
CODE CASES
JULY
• 44 new cases submitted
• 10 resolved by the end of
the month
Top Cases
• Overgrown Vegetation
• Public Right of Way
Maintenance
• Trash & Debris
INSPECTION ACTIVITY
DULY
• 94 inspections
• 67 total cases closed out
• $10,488.93 received in citation
fees
Mobile Home Parks
• 0 new cases opened
• 1 comprehensive inspections
done..
Poultry Ranches
• 3 inspection
• No violations
Notable Element
• One (1) property was
approved for the Fine
Forgiveness Program.
•
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F _wI`v�
;
THANK YOU
CITY (�
AGENDA REPORT
Item No. 1
DATE: August 25, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk SUBJECT: Approve the City Council/Successor Agency/Housing Authority Minutes of August 11, 2025
RECOMMENDATION:
That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of August 11, 2025.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. Regular Meeting Minutes — 08/11/2025
08/25/2025 City Council Agenda
27 ATTACHMENT 1
08/25/2025 City Council Agenda
28 City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of August 11, 2025
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
CLOSED SESSION — 5:30 PM
CALL TO ORDER
Mayor Thorp called the Closed Session meeting to order at 5:30 p.m.
CITY COUNCIL ROLL CALL
PRESENT: Jon Thorp, Mayor
Chris Venable, Mayor Pro Tem
Justin Beaver, Councilmember
Bob Miller, Councilmember
Judy Woolsey, Councilmember
ABSENT: None
City Attorney Pacifico asked that the Council vote to add the following item to the Closed Session Agenda:
B. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Paragraph (1) of Subdivision (2) of Section 54956.9 Ana Sauseda v. George Sardeson, et al., California Court of Appeal Case No. E083758 ACTION: MOTION BY COUNCILMEMBER BEAVER, SECOND BY
COUNCILMEMBER WOOLSEY, CARRIED 5-0, TO ADD ITEM B TO THE CLOSED SESSION AGENDA.
PUBLIC COMMENT
The following member of the public spoke:
• Donna Snodgrass
CLOSED SESSION — 5:30 PM
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Wang, et al. v. City of Yucaipa, et al. San Bernardino Superior Court Case No. CIVSB 2415976
City Council Minutes
08/25/2025 City Council Agenda
29 B. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Paragraph (1) of Subdivision (2) of Section 54956.9 Ana Sauseda v. George Sardeson, et al., California Court of Appeal Case No. E083758 The City Council entered Closed Session at 5:36 p.m.
OPEN SESSION — 6:00 PM
CALL TO ORDER
Mayor Thorp called to order the Regular Meeting of the City Council/Successor Agency/Housing Authority at 6:07 p.m.
INVOCATION
The invocation was led by Benjamin Vail.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Lieutenant Scovel.
CITY COUNCIL ROLL CALL
PRESENT: Jon Thorp, Mayor
Chris Venable, Mayor Pro Tem
Justin Beaver, Councilmember
Bob Miller, Councilmember
Judy Woolsey, Councilmember
ABSENT: None
STAFF
PRESENT: Fermin Preciado, Acting City Manager
Steven Pacifico, City Attorney
Ana Sauseda, Director of General Services/City Clerk
ABSENT: Jennifer Crawford, Interim City Manager
CLOSED SESSION REPORT
City Attorney Steven Pacifico stated that the Council gave litigation direction by a vote of 5-0 on Closed Session Agenda Item A. He also announced that the Council would resume to Closed Session at the end of the meeting so that Council could complete their discussion on Item B and that an oral report would follow at the conclusion.
City Council Minutes
08/25/2025 City Council Agenda
30 CHANGES TO THE AGENDA
Acting City Manager Preciado stated that there were no changes to the agenda.
SPECIAL PRESENTATIONS
YAPS Dog of the Month was presented by Executive Director Jennifer Hurlbut.
SBCTA Measure I presentation was given by SBCTA Legislative Analyst Louis Vidaure.
AB 306 Update was presented by City Attorney Pacifico.
PUBLIC COMMENT
The following members of the public spoke:
• Richard Frost
• Benjamin Vail
• Mary Ruhter
CITY COUNCIL CONFLICT OF INTEREST DISCLOSURE
Mayor Thorp asked if there were any conflicts to disclose. There were no items disclosed.
CONSENT AGENDA
Mayor Thorp asked if there were any Consent Agenda items to be removed for discussion. Items Item 6 was pulled for discussion.
1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF JULY 28, 2025
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority minutes of July 28, 2025.
2. SUBJECT: SECOND READING OF ORDINANCE NO. 458
RECOMMENDATION: That the City Council approve the Second Reading of Ordinance No. 458, an Ordinance of the City Council of the City of Yucaipa, California, amending and Restating Ordinance No. 422 Pertaining to Chapter 15.20 of Title 15 of the Yucaipa Municipal Code Related to the Mobilehome Park Rent Stabilization Program.
3. SUBJECT: SECOND READING OF ORDINANCE NO. 459
RECOMMENDATION: That the City Council approve the second reading of Ordinance No. 459, an Ordinance of the City Council of the City of Yucaipa, California, Adopting Updated Fire Hazard Severity Zones as Recommended by the California Department of City Council Minutes Page 3 of 9
08/25/2025 City Council Agenda
31 Forestry and Fire Protection Pursuant to Government Code Section 51178 and Associated Building Codes.
4. SUBJECT: SECOND READING OF ORDINANCE NO. 461
RECOMMENDATION: That the City Council approve the second reading of Ordinance No. 461, an Ordinance of the City Council of the City of Yucaipa, California, Amending Section 5.13.080 of the Yucaipa Municipal Code Relating to Food Truck Permit Exceptions.
5. SUBJECT: MONTHLY TREASURER'S REPORT JUNE 2025
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for June 2025.
7. SUBJECT: CAL FIRE WILDLAND PROTECTION REIMBURSEMENT
AGREEMENT FOR FY26
RECOMMENDATION: That the City Council:
1. Approve an annual Wildland Protection Reimbursement Agreement between the City of Yucaipa and CAL FIRE in the amount of $111,280; and
2. Authorize the Interim City Manager to execute the agreement and act as the representative for the City of Yucaipa.
8. SUBJECT: CONTRACT AMENDMENT NO. 1 WITH ECONOLITE SYSTEMS -
TRAFFIC SIGNAL MAINTENANCE AND REPAIR SERVICES
RECOMMENDATION: That the City Council authorize Contract Amendment No. 1 with Econolite Systems (Econolite) for Traffic Signal Maintenance and Repair Services in the amount of $20,000.
9. SUBJECT: ACCEPTANCE OF CONTRACT WORK — FY24/25 PAVEMENT
REHABILITATION PROGRAM, AC BERM PROGRAM, AND PATCHING
PROGRAM — PROJECT NO. 11227
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by Matich Corporation in the amount of $2,096,225 for the FY24/25 Pavement Rehabilitation Program, AC Berm Program, and Patching Program — Project No. 11227 (Project); and
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Accept the as -built documents for the Project.
City Council Minutes Page 4 of 9
08/25/2025 City Council Agenda
32 10. SUBJECT: OPPOSE AB 339 (ORTEGA) CONTRACTING SERVICES RECOMMENDATION: That the City Council oppose AB 339 and authorize the Mayor to issue a letter in opposition and take other actions that may be necessary to represent the City Council's position.
11. SUBJECT: APPROVAL OF FIRST AMENDMENT TO EMPLOYMENT
AGREEMENT FOR INTERIM CITY MANAGER
RECOMMENDATION: That the City Council approve the First Amendment to the Employment Agreement with Jennifer Crawford for the position of Interim City Manager, effective retroactively to the first pay period of July 2025.
ACTION: MOTION BY COUNCILMEMBER BEAVER, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 5-0, TO APPROVE CONSENT AGENDA ITEM NOS. 1 THROUGH 5 AND 7 THROUGH 11.
ITEMS REMOVED FOR DISCUSSION
6. SUBJECT: FIRE DEPARTMENT BATTALION CHIEF VEHICLE
RECOMMENDATION: That the City Council:
1. Approve the procurement of a 2026 Ford F-250 Super Duty Pickup in the amount of $64,072 to Downtown Ford of Sacramento; and
2. Authorize the Interim City Manager to execute any necessary agreements to carryout Council direction.
DISCUSSION: Chief Malinowski presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BEAVER, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 5-0, TO CONTINUE THE ITEM TO THE NEXT
AVAILABLE COUNCIL MEETING AND DIRECTED STAFF TO INCLUDE
INFORMATION RELATIVE TO A COMPREHENSIVE LEASE STRATEGY IN THE PRESENTATION.
City Council Minutes Page 5 of 9
08/25/2025 City Council Agenda
33 DISCUSSION ITEMS
12. SUBJECT: ORDINANCE NO. 460 — TEMPORARY SPECIAL EVENTS RECOMMENDATION: That the City Council approve the introduction and first reading of Ordinance No. 460, an Ordinance of the City Council of the City of Yucaipa, California, rescinding Ordinance No. 394 of the Yucaipa Municipal Code regarding temporary special events.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report. She asked Council to also consider additional amendments to the Ordinance.
Section 5.16.070(B)(4) shall read as follows:
a. Events with more than 4,000 attendees, or involving high -risk activities, shall provide certified EMS personnel on -site.
Section 5.16.070(B)(5) shall read as follows:
c. Events involving alcohol, street closures, or that occur after 8:00 p.m. shall require licensed security staff.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BEAVER, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 5-0, TO APPROVE THE INTRODUCTION AND FIRST READING OF ORDINANCE NO. 460 AS AMENDED.
Mayor Pro Tem Venable left the dais at 7:02 p.m. and returned at 7:04 p.m.
13. SUBJECT: SELECTION OF VOTING DELEGATE AND ALTERNATE FOR THE 2025 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
RECOMMENDATION: That the City Council appoint a voting delegate and alternate delegate(s) to represent the City of Yucaipa at the 2025 League of California Cities Annual Conference and direct the City Clerk to file the necessary paperwork.
DISCUSSION: Director of General Services/City Clerk Sauseda presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BEAVER, SECOND BY MAYOR THORP, CARRIED 5-0, TO APPOINT COUNCILMEMBER WOOLSEY AS THE DELEGATE AND COUNCILMEMBER MILLER AS THE ALTERNATE.
City Council Minutes
08/25/2025 City Council Agenda
34 14. SUBJECT: DISCUSSION OF 2025 CITY COUNCIL MEETING SCHEDULE RECOMMENDATION: That the City Council discuss the 2025 City Council Meeting Schedule.
DISCUSSION: Director of General Services/City Clerk Sauseda presented the Agenda Report.
There was no action taken on this item.
PUBLIC HEARINGS
15. SUBJECT: CASE NO. PLN-PDE-25-0002: CONSIDERATION OF ORDINANCE NO. 450, WHICH ADDS OR MODIFIES 24 DIFFERENT ELEMENTS OF THE
DEVELOPMENT CODE TO PROVIDE A PERIODIC CLEANUP AND
ENHANCEMENT, INCLUDING UPDATES TO STATE LAW, IMPLEMENTING
PROGRAMS OF THE HOUSING ELEMENT, IMPLEMENTING PRELIMINARY
ECONOMIC DEVELOPMENT AND FISCAL REVENUE EFFORTS, ENHANCING
PUBLIC SAFETY ELEMENTS, AND REFLECTING LONGSTANDING INTERNAL
PROCEDURES AND PROCESSES
RECOMMENDATION: That the City Council conduct a public hearing and consider the Planning Commission's recommendation to:
1. Approve the introduction and first reading of Ordinance No. 450, an Ordinance of the City Council of the City of Yucaipa, California, adding Development Code Section 812.19096, Section 812.030143, Chapter 18 (Alcohol Establishments), Chapter 19 (Massage Therapy Establishments) and Chapter 13 (Landscape Regulations), and amending Development Code Sections 83.030105, 83.030323, 83.030305, 83.030505,
83.040110, 84.0335, 84.0330, 87.0630, 87.0701, 87.0705, 87.0710, 87.0725, 84.0905,
83.010305, 83.041120 and 83.030225, and Chapter 2 (Multiple Residential Design Standards) of Division 8 (Specific Use Design Standards), Chapter 4 (Height Regulations) of Division 7 (General Design Standards), and Article 1 (Fire Safety (FR) Overlay District) of Chapter 2 (Hazard Protection) of Division 5 (Overlay Districts) as part of a periodic code requirement cleanup and enhancement; and
2. Adopt an Addendum to the 2016 Yucaipa General Plan Environmental Impact Report in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended; and
3. Direct staff to file a Notice of Determination subsequent to certification of the Addendum to the 2016 General Plan Environmental Impact Report.
City Council Minutes Page 7 of 9
08/25/2025 City Council Agenda
35 As part of the Planning Commission's motion for Ordinance No. 450, the recommendation for Sections 87.0701, 87.0705, 87.0710, 87.0725 pertaining to sign regulations was that the City Council further analyze the suggested modifications before incorporating any amendments to those specific code sections.
As part of the City Council's formal action, the Council can approve all, or parts of the Ordinance as appropriate, or make any additional changes that may be necessary. • Public Hearing Opened
Mayor Thorp opened the Public Hearing for Item No. 15 at 7:20 p.m. • Staff Presentation
Deputy Director of Community Development/City Planner Matlock presented the Agenda Report.
• Applicant Presentation
There was no presentation.
• Public Comments
The following member of the public spoke:
o Tim Lynch
• Applicant Rebuttal
There was no applicant rebuttal.
• Public Hearing Closed
Mayor Thorp closed the Public Hearing at 7:46 p.m.
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER BEAVER, CARRIED 4-1, (COUNCILMEMBER MILLER
VOTED NO) TO APPROVE THE INTRODUCTION AND FIRST READING OF ORDINANCE NO. 450 AS AMENDED WITH SECTIONS 3, 4, 5, 15-18, AND 22 DELETED.
COUNCILMEMBER COMMENTS/REPORTS
Councilmember Woolsey attended the Yucaipa Valley Water District Meeting, National Night Out, the farewell luncheon for Captain Walker, the Chamber of Commerce breakfast, the ribbon cutting for Cornerstone BBQ, and the ribbon cutting ceremony for the I-10 truck lane at the Pumpkin Patch.
Councilmember Miller attended most of the same events as Councilmember Woolsey. He thanked Police and Fire for their efforts at National Night Out and also thanked the school district for their participation as well.
City Council Minutes
08/25/2025 City Council Agenda
36 Mayor Thorp asked staff to research AB 1333 and AB 495 and directed staff to return to Council with opposition letters at the next City Council meeting.
Mayor Pro Tem Venable thanked everyone for their efforts at National Night Out.
Councilmember Beaver announced that he would miss the next regularly scheduled City Council meeting as he will be attending the National Homeland Security Conference in D.C. but will attend virtually. Councilmember Beaver also asked that staff bring back an ordinance regarding door to door solicitation.
ANNOUNCEMENTS
The next regular meeting will be held on Monday, August 25, 2025.
ADJOURNMENT
Mayor Thorp adjourned the meeting to Closed Session at 8:09 p.m.
CLOSED SESSION
The City Council entered Closed Session at 8:09 p.m. with all members present.
The City Council reconvened into Open Session at 8:22 p.m. with Councilmember Beaver, Mayor Pro Tem Venable, and Mayor Thorp present.
CLOSED SESSION REPORT
City Attorney Pacifico announced that there was no reportable action.
ADJOURNMENT
The meeting adjourned at 8:50 p.m.
Jon Thorp. Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
City Council Minutes
08/25/2025 City Council Agenda
37 Item No. 2
/go'
AGENDA REPORT
DATE: August 25, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk Megan Wolfe, Director of Community Services
SUBJECT: Second Reading of Ordinance No. 460
RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 460, an Ordinance of the City Council of the City of Yucaipa, California, Repealing and Replacing Ordinance No. 394 to the Yucaipa Municipal Code Related to Temporary Special Events.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. Ordinance No. 460
Approved by:
08/25/2025 City Council Agenda
38 ATTACHMENT 1
08/25/2025 City Council Agenda
39 ORDINANCE NO. 460
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, REPEALING AND REPLACING ORDINANCE NO. 394 TO THE
YUCAIPA MUNICIPAL CODE RELATED TO TEMPORARY SPECIAL EVENTS WHEREAS, the City Council finds it necessary to regulate special events to manage potential community impacts, monitor commerce, and promote tourism in the City; and WHEREAS, Ordinance No. 394 was adopted by the City Council on April 27, 2020; and WHEREAS, the City finds it necessary and appropriate to adopt amendments to the Municipal Code to address the need for a more detailed process to regulate special events that may impact City rights -of -way, public property, facilities, safety, and/or services; and WHEREAS, the purpose of this Ordinance is to provide a more detailed process for the regulation of special events to ensure the public health, safety and welfare of event patrons, residents, and other visitors, and to provide for fees, charges, cost recovery, and procedures required to administer the permit process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Municipal Code Amendment
Ordinance No. 394 is hereby repealed in its entirety and replaced with the language of Ordinance No. 460, attached hereto as Exhibit A.
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.
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08/25/2025 City Council Agenda
40 Section 3. Effective Date
The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard.
This Ordinance shall take effect 30 days after its final passage.
PASSED, APPROVED and ADOPTED this 25th day of August, 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM:
Ana V. Sauseda, MMC Steven Graham Pacifico, City Attorney Director of General Services/City Clerk
08/25/2025 City Council Agenda
41 Exhibit A
Chapter 5.16 — TEMPORARY SPECIAL EVENTS
Sections:
5.12.010 Purpose.
5.12.020 Definitions.
5.12.030 Social event permit - requirements.
5.12.040 Exemptions to special event permit requirement.
5.12.050 Issuance of a special event permit.
5.12.060 Application - Form.
5.12.070 Application - Review.
5.12.080 Issuance of special event permit.
5.12.090 Cost recovery for special events.
5.12.100 Authorized special event vendors.
5.12.110 Unlawful to conduct or promote attendance at special event without permit.
5.12.120 Other permits and licenses.
5.12.130 Cost recovery for unlawful special event.
5.16.010 — Purpose
It is the purpose of the city to establish a process for permitting special events that impact city right-of-way, public property, other facilities, safety, and/or services. It is vital to the public health, safety, and welfare of the city to monitor, track, and assist with these events to mitigate traffic conflicts, monitor commerce, and promote tourism in the city. It is recognized that these special events enhance the Yucaipa lifestyle and provide benefits to the citizens through the creation of venues for programs, services and entertainment that are not normally provided as a part of governmental services. Notwithstanding any provision of the Yucaipa Municipal Code, this code authorizes special events which would otherwise be prohibited by city ordinance.
By recognizing special event venues, it is further intended to supplement land use and street right- of-way regulations, to provide a coordinated process for the regulation of certain activities to be conducted in conjunction with special events and to ensure the health and safety of patrons, residents, and other visitors of special events. It is further intended to create a cost recovery without having an adverse effect on those events that contribute to the community.
5.16.020 - Definitions
"Carnival" means the exhibiting or conducting of a traveling show or of entertainment open to the public, including any caravan, museum, menagerie, animal collection, circus, sideshow, burlesque show, rodeo, carnival, animal exhibition, feats of horsemanship, acrobatic performance, "wild west" show, or any other show or entertainment similar in character. "Community celebration" means those public affairs sponsored by chambers of commerce or community service groups for the promotion of community spirit by public parades, carnivals and other outdoor activities.
08/25/2025 City Council Agenda
42 "Outdoor festival" means any music festival, dance festival, rock festival, or similar musical activity or gathering where live or prerecorded entertainment is presented to the public at facilities without specific site approval for such activity.
"Site approval" means a land use whose activities have been approved as to location, design and scope subject to conditions established under authority of the city code. "Special event" means any temporary, organized activity sponsored by an event organizer and will result in people congregating at the event location for a particular and limited purpose and time, and meets any one or more of the following criteria:
A. City Property, City Parks and City Rights -of -Way. The activity will be conducted in whole or in part on a city -owned or controlled property, city park or facility or city rights -of -way, and the director of community services, or designee, determines that the activity requires a special event permit because:
1. The activity is likely to obstruct, delay or interfere with the free and normal use of public rights -of -way or other public property of the city within the vicinity of the event; or
2. The activity is likely to result in the need for the city to provide extraordinary services in response to or arising out of the special event. Criteria to be considered include, by way of example and not limitation, available parking capacity, likely pedestrian and vehicular routes, availability of public transportation, the number of days and hours of operation, the number of people anticipated to attend, the capacity and safety of the permanent and temporary structures, the proximity and availability of health and sanitation services, the proximity and availability of emergency services, the activity(ies) to be engaged in, the historical impacts of the proposed or comparable special events, if known, upon use of public rights -of -way and public property and public services including police and fire, and other considerations deemed appropriate.
B. Private Property. The activity will be conducted as a whole or in part on private property and the director of development services, or designee, determines that the activity requires a special event permit because:
1. The activity is likely to obstruct, delay or interfere with the free and normal use of public rights -of -way or other public property of the city within the vicinity of the event. It is presumed that any event on private property which involves an open invitation to the public to attend or events where the attendance is by private invitation of one hundred (100) or more people are each presumed to be an event that will have a direct significant impact on the public streets or rights -of -way; or
2. The activity is likely to result in the need for the city to provide extraordinary services in response to or arising out of the special event.
C. Sales Not Already Permitted. The activity will involve the sale of merchandise, food or beverages where not already permitted by city code, whether by for profit or nonprofit organizations.
08/25/2025 City Council Agenda
43 D. Public Disturbance Noise. The activity will include use of sound amplification, public address, loudspeaker, audio, video, or television systems or other devices likely to result in public disturbance noise in violation of YMC Section 811.0305 as now or hereafter amended. "Special event permit" means a permit issued under this chapter. "Special event venue" means that area for which a special event permit has been issued. "Tax-exempt nonprofit organization" means an organization that is exempted from payment of income taxes by federal or state law and has been in existence for a minimum of six months preceding the date of application for a special event permit. "Vendor" means any person who sells or offers to sell any goods, food, or beverages within a special event venue.
5.16.030 - Special event permit - Requirements.
A special event permit is required when the following criteria has been met:
A. Estimated attendance of three hundred (300) or greater: or B. Amplified sound; or
C. Street closures; or
D. Alcohol is provided or sold on public property or public right-of-way, or if served on private property but within a special event venue that encompasses public right-of-way (e.g., closed street, alley or sidewalk) excluding the Community Center, Scherer Community Center and the Yucaipa Performing Arts Center.
5.16.040 - Exemptions to special event permit requirement.
It is unlawful for any person to hold or conduct any special event in the city, or to use private property, any street, right-of-way, or other public place in the city for any purpose unless such person has obtained and has in full force and effect a permit to do so issued by the city.
The following special events shall be exempt from the requirement to obtain a permit under this chapter; provided, that the special event shall be conducted in accordance with all laws and regulations governing public safety or health:
A. Funeral Processions. Funeral processions by a licensed mortuary or funeral home; B. Wedding Processions. Wedding processions conducted on public rights -of -way wherein applicable traffic regulations, laws or controls are complied with; C. School, Church and Governmental Events. Any special events held or conducted by or on behalf of a public or private school, college or school district, the state of California or other governmental entity or any church that is legally operated in the city, so long as the activity or event is conducted on property owned, used, or leased by the entity or its sponsor and is for the benefit of the entity that owns, uses, or leased the property on which the activity takes place; 08/25/2025 City Council Agenda
44 D. Expressive Activities on Sidewalks. Rallies, marches, demonstrations and picketing which take place on public sidewalks crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls and laws applicable to use of public sidewalks; E. Special Event Facilities. Events conducted at a facility designed for the special event purpose or upon facilities where such events are normally held, such as churches, events/convention centers, schools, athletic fields, auditoriums, stadiums, and theaters; F. Regularly Scheduled Athletic Events. Regularly scheduled outdoor athletic events conducted on property where such events are normally held;
G. Outdoor Demonstrations on Public Property. Demonstrations on publicly owned property (other than public rights -of -way), unless:
1. The activity is likely to obstruct, delay or interfere with the free and normal use of such public property or the public rights -of -way, or
2. The activity is likely to result in the need for the city to provide extraordinary services in response to or arising out of the special event.
5.16.050 - Issuance of a special event permit.
Issuance of a special event permit pursuant to this chapter does not obligate or require the city of Yucaipa to provide city services, equipment, funding or personnel in support of a special event.
5.16.060 - Application —Form.
Any person desiring to apply for a special event permit shall do so by filing a written application with the community services department not fewer than ninety (90) days prior to the proposed event and no earlier than three hundred sixty-five (365) days prior to the event. The application shall be made on forms provided by the city and shall be accompanied by the following:
A. A nonrefundable application fee listed in the community services user fee schedule established by resolution of the city council. The application fee must be submitted when the applicant or sponsor files the application. Other costs for city services shall be invoiced to the applicant no later than ten (10) calendar days after the expiration date of the permit. The applicant shall pay said costs within thirty (30) calendar days of invoice or late fees shall apply.
B. The applicant may request a waiver of the application fee. Such request shall require a community activity grant application, found on Yucaipa.gov or at the city clerk's office. Requests for fee waiver through the community activity grant process will be reviewed by the city council at a regular scheduled city council meeting.
C. Certificate of liability insurance. Insurance shall be provided in the coverages and amounts as determined by the City Manager or their designee.
D. Applicants who intend to have food vendors must provide a copy of the County of San Bernardino Department of Environmental Health temporary food facility permit.
E. Applicants who intend to provide or sell alcohol on public property or public right-of-way, or if served on private property but within a special event location that encompasses public right-of- 08/25/2025 City Council Agenda
45 way (e.g., closed street, alley or sidewalk), the event organizer shall comply with the following conditions:
1. Obtain and comply with the applicable liquor license or permit issued by the State of California Department of Alcoholic Beverage Control, and provide such license or permit to the city;
2. Service must end by 10:00 p.m., but may be extended by the City Council to no later than 12:00 a.m. upon a finding that the extension (i) will not be detrimental to the public health, safety, or welfare and (ii) is compatible with surrounding land uses, considering the event location and the proximity of residential uses;
3. Liquor liability must be included on insurance coverage;
4. Trained volunteers or paid security personnel must be posted at every entrance/exit point to ensure that no person under the age of twenty-one (21) will be allowed into the alcohol service area; and
5. No outside alcohol may be brought into an alcohol service area, and no alcohol may be removed.
5.16.070 - Application — Review
A. Departmental Review.
Upon receipt of a completed special event permit application, the City shall refer the application to the Chief of Police, Director of Development Services, Director of Community Services, Assistant City Manager, and the Fire Chief for review. Each department shall evaluate the application for compliance with applicable laws, regulations, and public safety standards, and shall forward its comments and conditions to the Community Services Department within ten (10) working days.
B. Standard Conditions of Approval.
The following standard conditions of approval shall apply to special events, unless explicitly waived in writing by the City Manager or their designee based on documented findings:
1. Parking and Traffic Control
a. A parking and traffic control plan shall be submitted for all events expecting 300 or more attendees, or for any event requiring road closures.
b. The plan shall include vehicle ingress/egress routes, pedestrian flow, loading/unloading zones, ADA-accessible parking, signage placement, and shuttle operations if applicable. c. The applicant shall provide all necessary traffic control devices, including barricades, cones, signage, and uniformed personnel at designated control points. 08/25/2025 City Council Agenda
46 2. Restroom Facilities
a. Portable restrooms shall be provided for all outdoor events without sufficient access to permanent facilities.
b. At minimum, one restroom per 100 anticipated attendees shall be provided, with at least 5% being ADA-compliant.
3. Amplified Sound and Noise Control
a. Amplified sound shall be limited to the hours of 10:00 a.m. to 10:00 p.m. Amplified Sound may be extended by the City Council to no later than 12:00 a.m. upon a finding that the extension (i) will not be detrimental to the public health, safety, or welfare and (ii) is compatible with surrounding land uses, considering the event location and the proximity of residential uses;
b. Noise levels shall be consistent with the provisions of Section 87.0905 of this Code. c. Sound equipment must be oriented to minimize impact on adjacent residential areas.
4. Emergency Medical Services (EMS)
a. Events with more than 4,000 attendees, or involving high -risk activities, shall provide certified EMS personnel on -site.
b. A clearly marked and publicly accessible first aid station shall be maintained throughout the event.
5. Police and Security Services
a. Police personnel shall be provided at the discretion of the Chief of Police. b. Security personnel shall be provided at a minimum ratio of 1 per 300 attendees. c. Events involving alcohol, street closures, or that occur after 8:00 p.m. shall require licensed security staff.
d. A security plan must be submitted for approval prior to permit issuance. e. The Police Chief may at any time require additional security if the nature of the event, time of day, alcohol service, etc., pose elevated risks.
6. Alcohol Service
a. A valid Alcoholic Beverage Control (ABC) license or permit must be submitted before the event.
b. Service must end by 10:00 p.m., but may be extended by the City Council to no later than 12:00 a.m. upon a finding that the extension (i) will not be detrimental to the public health, safety, or welfare and (ii) is compatible with surrounding land uses, considering the event location and the proximity of residential uses;
08/25/2025 City Council Agenda
47 c. Alcohol service areas shall be enclosed and monitored to ensure compliance with age restrictions and prevent unauthorized alcohol transport.
7. Waste Management and Site Clean -Up
a. Trash and recycling receptacles shall be provided at a minimum of one per 100 attendees. b. The event area shall be kept clean throughout and returned to pre -event conditions within 12 hours after the event.
c. Noncompliance may result in full cleanup cost recovery and the requirement of a refundable deposit for future events.
8. Fire Safety and Emergency Access
a. Tents, canopies, and stages exceeding 400 square feet shall be permitted and inspected by the Fire Department.
b. A 20-foot-wide fire lane shall be maintained at all times. c. Electrical installations must comply with applicable codes and be installed by a licensed professional.
d. Access to fire hydrants and emergency exits shall remain unobstructed.
9. Accessibility
a. Events open to the public shall comply with all ADA accessibility standards, including parking, restrooms, paths of travel, and seating.
10. Signage and Notification
a. All temporary signage must comply with the municipal code and be removed within 24 hours following the event.
b. For events involving more than 300 attendees or street closures, the applicant shall notify surrounding property owners and tenants in writing at least seven (7) calendar days prior to the event.
11. Hours of Operation
a. Events shall begin no earlier than 7:00 a.m. and end no later than 12:00 a.m. b. Load -in and load -out activities must not occur before 6:00 a.m. or after 12:00 a.m.
C. City Council Review Required.
The City Council shall review and approve or deny all special event permits for events that meet one or more of the following criteria:
1. An estimated attendance exceeding one thousand (1,000) persons;
2. A request for full or partial street closures;
08/25/2025 City Council Agenda
48 3. A request for City co-sponsorship, financial support, or use of City resources beyond those recovered through cost recovery mechanisms. Such request shall require a community activity grant application, found on Yucaipa.gov or at the city clerk's office.
5.16.080 — Issuance of Special Event Permit
A. The city manager, or designee, shall endeavor to take final action upon a completed application for a special event permit within thirty (30) working days of receipt of the completed application.
B. The city manager, or designee, is not required to take final action upon any special event permit application prior to three hundred sixty-five (365) calendar days before the special event.
C. The city manager, or designee, is not required to take final action on an incomplete or untimely special event permit application.
D. Final action on a completed special event permit application shall consist of one of the following:
1. Issuance of a special event permit in accordance with the terms of the application; or
2. Issuance of a special event permit by the city manager, or designee, with such conditions as deemed necessary for the application to meet all of the criteria set forth above; or
3. Denial of the special event permit application by the city manager, or designee.
5.16.090 — Cost Recovery for Special Events
A. Except as otherwise provided in this chapter, or when a fee waiver has been approved through the community activity grant process, for any special event, the city may impose a fee for expected departmental service charges. Factors that the city will consider in evaluating whether to impose a fee are:
1. The extent of use of public property or right-of-way;
2. The extent of use of city services, facilities or affected entities;
3. The extent of use of city personnel, including police and fire;
4. Whether the city is sponsoring or co -sponsoring the event.
B. The city shall require payment of the expected departmental service charges imposed pursuant to subsection A of this section, at the time the completed application is approved and prior to the issuance of the special event permit, unless the city determines there is good cause and extends time for payment.
C. If the event organizer fails to clean the special event venue or route of the special event both during and upon completion of the special event and to return the area or route to the same condition of material preservation and cleanliness as existed prior to the special event, the event organizer will be billed for actual city costs for cleanup and repair of the area or route occasioned by the special event. If the event organizer failed to comply with such requirements under a previously issued special event permit, the city may require the event organizer to deposit adequate surety in the form of cash.
08/25/2025 City Council Agenda
49 D. The applicant will be billed for any city departmental charges in excess of the estimate in subsection B of this section, including any billing and collection costs incurred.
5.16.100 — Authorized Special Event Vendors.
A. The issuance of a special event permit confers upon the permit holder or event organizer the right to control the sale of goods, food, and beverages within the special event venue in accordance with the terms and conditions of the special event permit. The permit holder may grant no greater rights or privileges to vendors than the rights or privileges granted to the permit holder pursuant to the special event permit.
B. Vendors authorized to sell food must obtain and display a San Bernardino County health permit.
5.16.110 — Unlawful to conduct or promote attendance at special event without permit.
It is unlawful for any person to conduct, manage, or promote a special event without a special event permit as required pursuant to this chapter.
5.16.120 — Other Permits and Licenses.
The issuance of a special event permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to the City of Yucaipa Municipal Code or any other applicable law.
5.16.130 — Cost Recovery for Unlawful Special Event.
Whenever a special event is conducted without a special event permit, when one is required, or a special event is conducted in violation of the terms of an issued special event permit, the event organizer shall be responsible for, and the city shall charge the event organizer for, all city costs incurred, caused or necessitated by the adverse impacts of the special event or the violation of the special event permit upon public safety.
08/25/2025 City Council Agenda
50 CITY OF
Item No.
AGENDA REPORT
DATE: August 25, 2025
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer LK
Crystal Campbell, Associate Engineer c
3 SUBJECT: Award of Contract Work — Fiscal Year 2025/2026 Concrete Program— Project No. 11241
RECOMMENDATION:
That the City Council:
1) Award and authorize the Interim City Manager to execute a contract, and the Interim City Manager or her designee to administer the terms of the contract to the lowest responsible bidder, VAN Engineering, Inc. of Wildomar, CA in the amount $155,140 for the FY 2025/2026 Concrete Program, Project No. 11241 (Program); and 2) Approve the amounts of $18,000 for construction contract contingency and $10,000 for construction contract administration, staff time and inspection costs for a total construction budget in the amount of $183,140; and
3) Authorize the Interim City Manager or her designee to administer the distribution of the construction contract contingency; and
4) Approve the plans and specifications prepared for the contract for Project.
BACKGROUND/DISCUSSION:
On April 28, 2025, City Council approved the FY2025/2026 Pavement Management Program (PMP).
Included as a part of the PMP is the Concrete Program (Program).
The Program is intended to meet the City's goal to improve pedestrian and ADA access throughout the City as part of the ADA Transition Plan adopted by the City Council on February 22, 2016. The proposed Program includes the replacement of cracked, broken or deteriorated concrete sidewalk, driveway approaches, curb & gutter, cross -gutter, and replacement of curb ramps at various locations throughout the City. The sections of sidewalk being replaced have been reported by residents and the general public. The reported sidewalk related concerns have been processed through the Public Works Department's GIS based maintenance reporting system and have been verified by staff prior to adding the repairs to the Program. Also included in the Program are bus stop pad enhancements paid for with matching TDA grant funds awarded to the City by SBCTA in 2021 and accepted by City Council on 08/25/2025 City Council Agenda
51 February 28, 2022. Also included in the Program are sidewalk enhancements at the 7th Street Park paid for with funds from the 7th Street Rehabilitation Project included in the adopted FY26 Capital Improvement Program.
Staff publicly advertised the Program for construction bids and on August 5th, 2025, eight (8) bids were received from contractors as follows:
Contractor
Bid Amount
VAN Engineering, Inc.
$155,140
Carter Enterprises Group DBA Pavement Rehab Company
$161,890
S&H Civilworks
$178,370
Horizon Underground, Inc.
$193,312
DASH Construction Company, Inc.
$193,350
CT&T Concrete Paving, Inc.
$197,581
Gentry General Engineering, Inc.
$198,902
Calmex Engineering, Inc.
$376,031
VAN Engineering, Inc. of Wildomar, CA, is the apparent lowest responsible bidder. The Engineer's Estimate for the Program is $165,000. Staff has reviewed the bid documents and determined that the documents meet the requirements of the contract specifications. VAN Engineering, Inc. has completed similar projects in the past for other agencies and their work has been deemed satisfactory.
FISCAL IMPACT:
The recommendations result in a fiscal impact of $183,140 which is included in the FY26 Budget in the Street Maintenance (PMP) Fund.
Attachments:
1. Bid Summaries
2. Contract Agreements
Approved by:
08/25/2025 City Council Agenda
52 ATTACHMENT 1
08/25/2025 City Council Agenda
53 2025/2026 CONCRETE PROGRAM - Project No. 11241
Owner: City of Yucaipa
Bid Opening: 8/5/25 I * marks all allowance
S&H Civilworks
CT&T Concrete Paving, Inc.
IIorizon Underground, Inc.
Carter Enterprises Group
Gentry General Eng. Inc.
Calmez Engineering, Inc.
DASH Construction Co
VAN Engineering Inc.
1801 Hilltop Dr
Colton, CA 92324
Bid Status:Valid
3254 S. Diamond Bar Blvd #275
Diamond Bar, CA 91765
Bid Status:Valid
1595 Mountain Ave
Norco, CA 92860
Bid Status:Valid
22711 La Palma Ave
Yorba Linda, CA 92887
Bid Status:Not Valid
320 W. Tropica Rancho Rd
Colton, CA 92324
Bid Status:Valid
2750 S. Lilac Ave.
Bloomingtn, CA 92316
Bid Status:Valid
6320 Canoga Ave #220
Woodland Hills, CA 91367
Bid Status:Valid
36520 Villa Del Sol
Wildomar, CA 92595
Bid Status:Valid
COMPLETE GOPHER AND RODENT CONTROL - PROJECT NO. 11215
Gem # Item Description Quantity 1 Unit of Measure
Unit Price Item Total
Unit Price Item Total
Unit Price Item Total
Unit Price Item Total
Unit Price Item Total
Unit Price Item Tolnl
Unit Price Item Total
Unit Price Item Total
Bid Schedule A
1 REMOVE AND REPLACE 4" CONCRETE SIDEWALK,
COMPLETE IN PLACE PER CITY STANDARD 115-2
2,550
SF
$ 14.00
$ 35,700.00
$ 16.55
$ 42,202.50
$ 16.00
$ 40,800.00
$ 14.00
$ 35,700.00
$ 13.50
$ 34,425.00
$ 32.00
$ 81,600.00
$ 20.00
$ 51,000.00
$ 18.00
$ 45,900.00
2 REMOVE AND RECONSTRUCT CONCRETE CURB
AND GUTTER, COMPLETE IN PLACE, PER CITY
STANDARD 120-1
472
LF
$ 100.00
$ 47,200.00
$ 68.06
$ 32,124.32
$ 97.00
$ 45,784.00
$ 80.00
$ 37,760.00
$ 98.00
$ 46,256.00
$ 200.00
$ 94,400.00
$ 75.00
$ 35,400.00
$ 60.00
$ 28,320.00
3 REMOVE AND RECONSTRUCT CONCRETE CROSS
GUTTER AND/OR SPANDREL, COMPLETE IN PLACE,
PER CITY STANDARD 122-1 AND APWA STANDARD 122-
3 350
SF
$ 25.00
$ 8,750.00
$ 52.55
$ 18,392.50
$ 46.00
$ 16,100.00
$ 28.00
$ 9,800.00
$ 41.00
$ 14,350.00
$ 87.00
$ 30,450.00
$ 40.00
$ 14,000.00
$ 28.00
$ 9,800.00
4 REMOVE AND RECONSTRUCT CONCRETE
RESIDENTIAL DRIVEWAY APPROACH PER CITY STD
DWG 109-2 (MODIFIED)
846
SF
$ 20.00
$ 16,920.00
$ 25.74
$ 21,776.04
$ 23.00
$ 19,458.00
$ 23.00
$ 19,458.00
$ 26.00
$ 21,996.00
$ 34.00
$ 28,764.00
$ 25.00
$ 21,150.00
$ 20.00
$ 16,920.00
5 REMOVE AND RECONSTRUCT CONCRETE CURB RAMP
WITH RETAINING CURB PER CALTRANS STD RSP A88-
A CASE C
1 EA
$ 8,000.00
$ 8,000.00
$ 10,594.11
$ 10,594.11
$ 13,300.00
$ 13,300.00
$ 5,657.00
$ 5,657.00
$ 7,800.00
$ 7,800.00
$ 20,252.00
$ 20,252.00
$ 8,500.00
$ 8,500.00
$ 12,500.00
$ 12,500.00
6 CONSTRUCT 8" PCC CONCRETE CURB TYPE A1-8 (NO
GUTTER) PER APWA STANDARD 120-3
350
LF
80 $ 28,000.00
$ 70.27
$ 24,594.50
$ 35.00
$ 12,250.00
S 55.00
$ 19,250.00
$ 95.00
S 33,250.00
$ 100.00
$ 35,000.00
$ 50.00
$ 17,500.00
$ 50.00
$ 17,500.00
Total ScheduleA
$ 144,570.00
$ 149,683.97
$ 147,692.00
$ 127,625.00
$ 158,077.00
$ 290,466.00
$ 147,550.00
$ 130,940.00'
Bid Schedule B
7 CONSTRUCT 4" CONCRETE SIDEWALK, COMPLETE IN
PLACE PER CITY STANDARD 115-2
130
SF
20 $ 2,600.00
$ 42.74
$ 5,556.20
$ 14.00
$ 1,820.00
$ 35.00
$ 4,550.00
$ 20.00
$ 2,600.00
$ 61.00
$ 7,930.00
$ 20.00
$ 2,600.00
$ 20.00
$ 2,600.00
8 CONSTRUCT 8" PCC CONCRETE CURB TYPE A1-8 (NO
GUTTER) PER APWA STD 120-3
25 LF
100
$ 2,500.00
$ 152.69
$ 3,817.25
$ 30.00
$ 750.00
$ 175.00
$ 4,375.00
$ 113.00
$ 2,825.00
$ 163.00
$ 4,075.00
$ 50.00
$ 1,250.00
$ 40.00
$ 1,000.00
$ 2,250.00
9 REMOVE, REPLACE AND REPAIR EXISTING
LANDSCAPE AND IRRIGATION DISTURBED BY NEW
CONCRETE CONSTRUCTION
150
SF
5 $ 750.00
$ 31.47
$ 4,720.50
$ 13.00
$ 1 950.00
$ 15.00
$ 2,250.00
$ 3.00
$ 450.00
$ 100.00
$ 15,000.00
$ 10.00
$ 1,500.00
$ 15.00
Total Schedule B
$ 5,850.00
$ 14,093.95
$ 4,520.00
$ 11,175.00
$ 5,375.00
$ 27,005.00
$ 5,350.00
$ 5,850.00
Bid Schedule C
10 CONSTRUCT 4" CONCRETE SIDEWALK, COMPLETE IN
PLACE PER CITY STANDARD 115-2
1,300
SF
14 $ 18,200.00
$ 13.20
$ 17,160.00
$ 14.00
$ 18,200.00
$ 10.00
$ 13,000.00
$ 22.50
$ 29,250.00
$ 16.00
$ 20,800.00
$ 20.00
$ 26,000.00
$ 10.00
$ 13,000.00
11 CONSTRUCT 4" DEEP, 2' WIDE GRASS SWALE TO
DAYLIGHT
1 LS
2500
$ 2,500.00
$ 3,446.76
$ 3,446.76
$ 4,500.00
$ 4,500.00
$ 2,500.00
$ 2,500.00
$ 1,100.00
$ 1,100.00
$ 9,960.00
$ 9,960.00
$ 1,150.00
$ 1,150.00
$ 2,500.00
$ 2,500.00
12 REMOVE, REPLACE AND REPAIR EXISTING
LANDSCAPE AND IRRIGATION DISTURBED BY NEW
CONCRETE CONSTRUCTION
1,300
SF
5 $ 6,500.00
$ 8.82
$ 11,466.00
$ 13.00
$ 16 900.00
$ 4.00
$ 5,200.00
$ 3.00
$ 3,900.00
$ 20.00
$ 26,000.00
$ 10.00
$ 13,000.00
$ 2.00
$ 2,600.00
13 REMOVE AND DISPOSE OF EXISTING 3'X3' CONCRETE
PAD
I
EA
750
$ 750.00
$ 1,730.24
$ 1,730.24
$ 1,500.00
$ 1,500.00
$ 2,390.00
$ 2,390.00
$ 700.00
5 700.00
$ 1,800.00
$ 1,800.00
$ 300.00
$ 300.00
$ 250.00
$ 250.00
Total Schedule C
$ 27,950.00
$ 33,803.00
$ 41,100.00
$ 23,090.00
$ 34,950.00
$ 58,560.00
$ 40,450.00
$ 18,350.00
TOTAL
5 178,370.00
$ 197,580.92
$ 193,312.00
9 161,390.00
S 198,902.00
S 376,031.00
$ 193,350.00
S 155,140.00
Submitted Bid Amount
$ 178,370.00
$ 197,580.92
$ 193,312.00
$ 161,390.00
$ 198,902.00
S 376,031.00
$ 193,350.00
5 155,140.00
RANK
3 6
4 2
7 8
5 1
Listed Subs
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
08/25/2025 City Council Agenda
54 ATTACHMENT 2
08/25/2025 City Council Agenda
55 AGREEMENT
THIS AGREEMENT is made and entered into this 25th day of August, 2025 by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City", and VAN Engineering, Inc
, located at 36520 Villa Del Sol
Contractor / Company Name Street Address
Wildomar
City
CA 92595 (951)331-1506 hereinafter referred to as "Contractor".
State Zip Code Phone
PROJECT: 2025/2026 CONCRETE PROGRAM — PROJECT NO. 11241.
WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:
The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the "Contract Documents"). The Contract Documents are made a part hereof as though fully set forth herein.
In consideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of One Hundred Fifty -Five Thousand, One Hundred Forty Dollars and No/Cents, ($155,140.00) in the manner provided in the Contract Documents and subject to adjustment provided therein.
Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract Documents and subject to adjustment provided therein.
This Contract shall not be assigned without the written permission of the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.
ATTEST: CITY OF YUCAIPA
A Municipal Corporation
Ana Sauseda,
Director of General
Services/City Clerk
Date
Jennifer Crawford, Interim City Date
Manager
FUNDS AVAILABLE: CONTRACTOR:
Phillip White,
Director of Finance
Fermin G. Preciado
Director of Development
Services/City Engineer
APPROVED AS TO FORM:
Steven Graham Pacifico, City Attorney
VAN Engineering, Inc. Date
08/25/2025 City Council Agenda
56 Item No.
AGENDA REPORT
DATE: August 25, 2025
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer • Landon Kern, Assistant City Engineer t.
Katrina Kunkel, Associate Engineer V-
4 SUBJECT: Award of Contract — FY25/26 Pavement Rehabilitation Program, AC Berm Program and Patching Program — Project No. 11238
RECOMMENDATION:
That the City Council:
1) Authorize the Interim City Manager to execute a contract, and the Interim City Manager or their designee to administer the terms of the contract to the lowest responsive bidder, Matich Corporation of Highland, CA, in the amount of $2,695,598 for the FY25/26 Pavement Rehabilitation Program, AC Berm Program and Patching Program — Project No. 11238; and
2) Approve the amounts of $130,000 for construction contract contingency and $65,000 for construction contract administration, surveying, staff time, and inspection, for a total construction budget in the amount of $2,890,598; and
3) Authorize the Interim City Manager or their designee to administer the distribution of the contract contingency; and
4) Approve the plans and specifications prepared for the contract for Project No. 11238.
BACKGROUND/DISCUSSION:
On April 28, 2025, the City Council approved the FY25/26 Pavement Management Program (PMP).
Included as a part of the PMP is the FY25/26 Pavement Rehabilitation Program (Rehabilitation Program), Asphalt Concrete Berm Program (AC Berm Program) and Patching Program. The approval and implementation of the PMP sub -programs are aimed at repairing, repaving and extending the service life of paved public streets maintained by the City in alignment with the adopted 2024 City Council goal to improve road maintenance.
The Rehabilitation Program includes repaving streets, and also includes the partial or full removal of existing pavement to prepare the streets for repaving. The AC Berm Program includes construction or reconstruction of asphalt berms to improve drainage on public streets, extending the useful life of the 08/25/2025 City Council Agenda
57 street by preventing water from undermining the asphalt. The Patching Program includes removal and replacement of pavement sections where the soil/base underneath the pavement requires replacement, to improve the structural stability of the roadway prior to repaving.
Staff prepared the bid documents, plans and specifications for the FY25/26 Rehabilitation, AC Berm, and Patching Programs to be completed as one project (Project). The Project was publicly advertised for construction bids and on August 5, 2025, five (5) bids were received from contractors as follows:
Contractor
Bid Amount
Matich Corporation
$2,695,598
LCR Earthworks & Engineering
$3,001,685
All American Asphalt
$3,055,049
Vance Corporation
$3,234,488
Hardy and Harper, Inc.
$3,300,000
On the basis of sealed competitive bids received after publicly advertising the Project, Matich Corporation of Highland, CA, is the apparent lowest responsible bidder. Staff has reviewed the bid documents and determined that the documents meet the requirements of the contract specifications.
Matich Corporation has completed similar work for the City in the past and their work has been deemed satisfactory. Consequently, staff recommends the award of the contract to Matich Corporation in the amount of $2,695,598. A contract contingency of $130,000 is recommended in order to accommodate for any required amendments to the contract work that arise from unanticipated field conditions.
Additionally, contract administration, inspections, surveying, and staff time costs are estimated to be $65,000. The total proposed Project construction budget totals $2,890,598.
FISCAL IMPACT:
The recommendations result in a fiscal impact of $2,890.598 which is included in the FY26 Budget in the Street Maintenance (PMP) Fund.
Attachments:
1. Bid Summaries
2. Contract Agreement
3. List of Streets to be maintained
Approved by:
08/25/2025 City Council Agenda
58 ATTACHMENT 1
08/25/2025 City Council Agenda
59 2025/2026 PAVEMENT REHABILITATION, 2025/2026 AC BERM AND 2025/2026 PATCHING PROGRAMS - Project No, 11238 Owner: Cory of Yucaipa
Bid Opening: 8/5/25 L • marks an allowance
Matkh Corp
LCR EarthworW @ Eng. Inc.
All American Arphnit
Vamee Corporation
Hardy & Harper
1596 Barry Shepherd Blvd
San Bernardino. CA 92408
Bid Slatus:Not Valid
4791 Mt. Rainer
Jurupa Valley, CA 92509
Bid Status:Valid
PO Box 2229
Corona, CA 92878
Bid Status:Valid
PO Box 575
Beaumont, CA 92223
Bid Status:Valid
32 Rancho Circle
Lake Forest, CA 92630
Bid Status:Valid
Item # )Item Description
Quantity
Una of Measure
Link Price
Iran Total
Unit Price
Item Total
Unit Price
Item Taal
Unit Price
burr Total
Unit Price
Item Total
Bid SchedakA
I
Mobilization (Not to exceed 5 % of contract)
I
LUMP SUM
$ 134.000.00
S 134,000.00
S 125,000.03
S 125,000.00
S 145,000.00
$ 145,000.00
S 158,490.08
S 158.490.08
$ 160,000.00
S 160,000.00
2 Install Thermoplastic Pavement Striping and Markings per approved County Line Road Plans and Engineer Direction
(Signagc Excluded - See Bid Items 31-37)
1 LUMP SUM
$ 112,000.26
S 112,000.26
S 74,419.00
S 74,419.00
S 80,000.00
S 80,000.00
S 84,250.00
S 84,250.00
S 155,500.30
$ 155,500.30
3 Edgemill 2- Existing A.C. Pavement at Ramps, ingress and Egress as directed by the Engine
W'000
SF
S 1.20
S 48,000.00
S 0.35
S 14.000_00
S 0.20
S 8,000.00
S 0.29
S 11,600.00
$ 0.40
S 16,000.00
4 Furnish and Place 2" A.C. Pavement Cap
272,000
SF
$ 1.30
S 353,600.00
$ 1.55
S 421 600.00
S 1.40
S 380,800.00
S 1.71
$ 465,120.00
S 1.70
S 462,400.00
5 Cold Mill ExistingA.C.Pavement-2'. Depth, Complete in Place 127,493
SF
S 0.38
S 48,447.34
S 0.35
S 44,622.55
$ 0.35
S 44.622.55
S 0.23
$ 29,323.39
S 0.40
S 50,997.20
6 Famish and Place 2 12" A.C. Pavement
127,493
SF
$ 1.60
$ 203,988.80
S 1.60
S 203,988.80
$ 1.70
$ 216,738.10
$ 2.04
$ 260,085.72
S 1.80
S 229,487.40
7 Cold Mill Existing AC. Pavement- 4'.
g Depth, Complete m Place.
243,792
SF
S 0.39
S 95,078.88
S 0.55
S 134,085.60
S 0.60
$ I46,275.20
T 0.42
S 102,392.64
S 0.60
S 146,275.20
8 Furnish and Place 4" A.C. Pavement
243,792
SF
$ 2.26
$ 550,969.92
$ 2.90
$ 706,996.80
S 2.70
$ 658,238.40
S 3.20
S 780,134.40
S 3.00
S 731,376.00
9 Pulverize Existing Pavement to a max depth of 8-9". Grade and compact
215,073
SF
S 068
S 146,249.64
$ 0.50
$ 107,536.50
$ 0.50
$ 107,536.50
E 0.19
$ 40,863.87
S 0.35
S 75,275.55
10 Remove and Die f 3-4" Pulverized Material as R
pose o equired
215,073
SF
T 0.65
S 139,797.45
$ 0.65
$ 139.797.45
S 0.80
S 172,058.40
S 0.71
S 152,701.83
S 0.70
S I50,551.10
11 Ftunish end Place 4" A.C. Pavement
215,077
SF
$ 2.40
$ 516, I75.20
$ 2.90
$ 623,711.70
$ 2.65
$ 569.943.45
$ 3.24
$ 696,636.52
$ 3.00
S 645,219.00
12 Furnish and install 1/1" Asphalt Leveling Course
180,765
SF
S 0.49
$ 88,574.85
$ 0.50
S 90,382.50
S 0.82
$ 148,227.30
S 0.79
$ 142,804.35
S 0.90
S 162,688.50
13 Adjust Sewer Manhole Covers Lower and Raise to Finish Grade, Complete in Place.
28 EA
S 1,800.00
S 50,400.00
S 1,100.00
$ 30,800.00
S 2,000.00
$ 56.000.00
$ 1,355.26
S 37,947.28
$ 1,500.00
T 42,000.00
14 Adjust Utility Valve Covers Lower and Roisc to Finish Grade, Complete in Place.
119
EA
$ 200.00
S 23,800.00
S 800.00
S 95,200.00
S 1,400.00
$ 166,600.00
$ 45.97
$ 5,470.43
S 350.00
$ 41,650.00
15 Thermoplastic Striping - Double Yellow Two -Direction No passing with pavement markers. (Caltrans A20A DO 22)
Complete in Place
2,000
LF
$ 2.10
$ 5,250.00
S 2.15
S 5,375.00
$ 2.10
S 5,250.00
S 2.37
$ 5,925.00
S 2,10
S 5,250.00
16 Thermoplastic Striping - Double -Double Yellow . Double Leo Edge Line with Pavement Markers. (Celuaos A20B DU 29)
Complete in Place
700
LF
$ 4.10
S 2,870.00
S 4.20
S 2,940.00
S 4.10
S 2,870.00
$ 4.63
S 3,241.00
$ 4.10
S 2,870.00
17 Thermoplastic Striping - Double Yellow Two -Way Left -Turn Lane Pattern with Pavement Markers, (Colson A20B DO 32) Complete in Plata
535
LF
$ 3.85
$ 2,059.75
S 3.94
S 2,107.90
S 3.80
S 2,033.00
$ 4.34
T 2,321.90
S 4.00
$ 2,140.00
18 Thermoplastic Sniping - Right Edgeline (Caltran A20B DO 27B)
3' 460
LF
$ 0.87
S 3,010.20
$ 0.90
S 3,114.00
S 0.90
$ 3,114.00
$ 0.98
S 3,390.80
S 0.90
$ 3,114.00
19 Thermoplastic Striping - Yellow Dashed Centerline, (Cantons A20A DO 2 or DO 6) Complete in Place
5,345
LF
$ 0.72
$ 3,848.40
S 0.73
S 3,901.85
$ 0.75
S 4,008.75
S 0.81
$ 4,329.45
S 0.75
S 4,008.75
20 Thermoplastic Sniping - Yellow Left Edge Line, (Callum A2013 nil25) Complete in Place
202
LF
$ 1.03
S 208.06
S 1.05
S 212 10
$ 1.05
$ 212.10
S 1.16
S 234.32
$ 1.25
$ 252.50
21 Thermoplastic Striping- 12" White Solid Stop Limit Line (Caltrans A240), Complete in Place.
94 LF
S 6.70
$ 629.80
S 6.82
S 641.08
S 7.00
$ 658.00
S 7.52
S 706.88
S 7.00
S 658.00
22 Thermoplastic Striping - White Channel zing Line. (Coltrane A20D DO 38) Complete in Place.
700
LF
$ 2.05
S 1,435.00
S 2.10
S 1,470.00
$ 2.05
S 1,435.00
S 2.31
$ 1,617.00
S 2.25
S 1,575.00
23 Thermoplastic Striping - 12" Yellow Crosswalk (Double Line) (Callon A24F), Complete in Place
160
LF
$ 13.30
S 2,194.50
$ 13.65
S 2,252.25
S 14.00
S 2,310.00
S 15.04
$ 2,481.60
S 15,00
$ 2,475.00
24 Th,....wplaolic Striping - White Bike Lane Line (Coltrane A20D DU 39), Complete or Place
2,850
LF
$ 0.87
$ 2,479.50
S 0.89
S 2,536.50
S 0.90
$ 2,565.00
S 0.98
$ 2,793.00
$ 0.90
S 2,565.00
25 Thermoplastic Striping - White Bike Lane Intersection Line (Caltrans A20D Dt1 39A), Complete in Place
1,135
LF
$ 0.87
S 987.45
S 0.89
S 1,010.15
$ 0.90
$ 1,021.50
S 0.98
S 1,112.30
S 0.90
S 1,021.50
26 Thermoplastic Pavement Markings - Bike Lane Legend with ArrowComplete.
7 EA
E 97.00
$ 679.00
S 95.75
$ 670.25
$ 100.00
S 700.00
S 109.93
$ 769.51
$ 100.00
$ 700_00
27 Thermoplastic Pavement Markings- STOP Legend, Complete in Place.
5 $ 150.00
S 750.00
S 152.25
$ 761.25
S 150.00
S 750.00
$ 167.80
$ 839.00
S 150.00
S 750,00
28 Thermoplastic Pavement Markungs- STOP AHEAD Legend,
Complete in Place.
4 $ 370.00
S 1,480.00
S 378.00
S 1,512.00
S 370.00
S 1,480.00
S 416.60
S 1,666.40
$ 400.00
S 1,600.00
29 Thermopiaxric Pavement Markings - Directional Arrow, Complete in Place.
12 EA
S 144.00
S 1,728.00
S 147.00
S 1,764.00
S 145.00
S 1.740.00
$ 162.01
S 1,944.12
S 150.00
S 1,800.00
30 Remove, Salvage and Reinstall or Replace Potable Tubular Delineator Markers
7 FA
$ 108.00
S 756.00
$ 110.00
$ 770.00
$ 110.00
$ 770.00
$ 121.51
S 850 57
S 125.00
$ 875.00
31 Furnish and Install CAMUTCD Sign RBI A(CA) Per Caltran Std R81. R85 and R86
1 EA
$ 330.00
$ 330.00
$ 341.00
S 341.00
S 335.00
$ 335.00
S 376.10
$ 376.10
S 400.00
S 400.00
32 Furnish and Install CAMUTCD Sign R81 B(CA) Per Caltrans Std R81, R85 and R86
1 EA
S 330.00
S 330.00
S 341.00
S 341.00
S 335.00
$ 335.00
S 376.10
S 376.10
S 400.00
$ 400.00
33 Furnish and Install CAMUTCD Sign R8I (CA) Per Calnan Std R81, R85 and R86
2 EAS
440.00
S 880.00
S 446.00
S 892.00
$ 435.00
S 870.00
S 491.82
S 983.64
S 500.00
S 1,000.00
34 Furnish and Install CAMUTCD Sign R26(CA) Per Caltran Std R81. R85 and R86
5 FA
$ 364.00
S 1,820.00
$ 372.00
S 1,860.00
S 365.00
S 1,825.00
$ 410.82
$ 2,054.10
S 400.00
$ 2,000.00
08/25/2025 City Council Agenda
60 35
Furnish and Install CAMUTCD Sign R28(CA) Per Cain -tins Sul R81, R85 and R86
2 EA
S 364.00
S 728.00
S 372.00
S 744.00
S 365.00
S 730.00
S 410.82
S 821.64
S 400.00
S 800.00
36 Furnish and Install CAMUTCD Sign R8-3A Pa Caltrans Sid R81, R85 and R86
2 EA
S 4.60.00
S 920,00
S 467.00
S 934.00
S 460.00
S 920.00
S 514.97
S 1,029.94
S 500.00
S 1,000.00
37 Furnish and Instal CAMUTCD Sign R2-I (35)Pa Cdvans Std R81. R85 and R86
2 EA
S 460.00
S 920.00
S 46718)
S 93400
S 460.(0)
S 92000
S 514.97
S 1,029.94
S 500.00
S 1.000.000
Total ScheduleA
S 2,547,376.00
S 2,849,225.23
S 2,936.892.25
S 3,008,914.82
S 3,107,675.00
BidSchednk 8
38 Construct 8' Asphalt C',mcreie Berm per SBCo. Std. 117 1,373
ITS
14.181
S 19,222 00
S 20.18)
S 27,46000
S 9.00
S 12,35700
S 10.85
S 14.897 05
S 25.00
S 34.325.00
Total Sebeduk B
S 19222.00
S 27,460.03
S 12,357.00
S 14.897.05
S 34,325.00
Bid Schedrk C
39 Remove 18"ofsubgrade. Famish,plmx and compact Classll. 600
CY
5 14000
S 84,00000
S 100.0)
S 60.000.00
S 140)0)
S 84,000.00
S 27701
S 166,206.00
S 230.00
S 138.000.00
40 Furnish and Install 12.5 foot wide InterAx NX650 Geogrid or approved equal o directed by the Engineer
10 Roll,
S 4.59000
S 45,000 00
S 6.500 00
S 65000.00
S 2.180.181
S 21 800.00
S 446.99
S 4.469.90
S 2,000 00
S 20,00000
Total Schedule C
S 129,000.00
S 125.000.00
S 105.800.00
S 170.675.90
S 158,000.00
TOTAL
S 2,695598.00
S 3401,685.23
S 3,055,049.25
S 3,194,167.77
S 3,300,000.00
Submitted Bid Amount
S 2,695598.00
S 3,001,685.32
S 3,055,049.25
S 3,234,4117.77
S 3400,000.00
RANK
1 2
3 4
5 EISS Utilities Adja6Ong
Pavement Recycling
Chrisp Company
Systems. Inc.
Chrisp Company
Chrisp Company
Precision Cold Planing
Precision Cold Planing, Inc.
Chrisp Company
PRS
Cbeisp Co.
08/25/2025 City Council Agenda
61 ATTACHMENT 2
08/25/2025 City Council Agenda
62 AGREEMENT
THIS AGREEMENT is made and entered into this 25th day of August, 2025 by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City", and Matich Corporation
located at P.O. Box 10
Contractor / Company Name Street Address
Highland
City
CA 92346 (909)382-7400 hereinafter referred to as "Contractor".
State Zip Code Phone
PROJECT: 2025/2026 PAVEMENT REHABILITATION 2025/2026 AC BERM AND 2025/2026 PATCHING PROGRAMS — PROJECT NO. 11238.
WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:
The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the "Contract Documents"). The Contract Documents are made a part hereof as though fully set forth herein.
In consideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of Two Million Six -Hundred and Ninetv-Five Thousand Five -Hundred and Ninetv-Eight Dollars and No/Cents, ($2,695,598.00) in the manner provided in the Contract Documents and subject to adjustment provided therein.
Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract Documents and subject to adjustment provided therein.
This Contract shall not be assigned without the written permission of the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.
ATTEST: CITY OF YUCAIPA
A Municipal Corporation
Ana Sauseda, Date Jennifer Crawford, Date
Director of General Interim City Manager
Services/City Clerk
FUNDS AVAILABLE: CONTRACTOR:
Phillip White,
Director of Finance
Fermin G. Preciado
Director of Development
Services/City Engineer
APPROVED AS TO FORM:
Steven Graham Pacifico,
City Attorney
08/25/2025 City Council Agenda
Matich Corporation Date
63 ATTACHMENT 3
08/25/2025 City Council Agenda
64 2025/2026 PAVEMENT REHABILITATION, 2025/2026 AC BERM PROGRAM AND 2025/2026 PATCHING PROGRAM
PLACE 2" ASPHALT CAP — Arterial/Collector Streets
Segment
From
To
County Line Road
3rd Street
1000LF west of 4th Street
Roundabout
County Line Road
Bryant Street
Roundabout
County Line Road
California Street
Roundabout
County Line Road
2nd Street
Roundabout
County Line Road
3rd Street
Roundabout
County Line Road
5th Street
COLD MILL 2" AND PLACE 2 1/2" — Arterial/Collector Streets Segment
From
To
County Line Road
Bryant Street
California Street
Avenue E
14th St
Oak Ct
Avenue E
Oak Ct
13th St
Avenue E
13th St
12th St
COLD MILL 4" AND PLACE 4" — Arterial/Collector Streets
Segment
From
To
14th St
688 N Oak Glen Rd
Kentucky St
14th St
Kentucky St
Avenue E
Oak Glen Rd
Snow View Ct
Fremont St
Oak Glen Rd
Fremont St
Oak Hill Ln
Oak Glen Rd
Oak Hill Ln
Fawn Way
08/25/2025 City Council Agenda
65 Oak Glen Rd
Fawn Way
Cherry Croft Dr
Oak Glen Rd
Cherry Croft Dr
332 E Cherry Croft Dr
Oak Glen Rd
332 E Cherry Croft Dr
Pendleton Rd
PULVERIZE 8-9", REMOVE AND DISPOSE OF 3-4" MATRIAL, FURNISH AND PLACE 4" — Arterial/Collector Streets
Segment
From
To
County Line Road
California Street
2nd Street
County Line Road
2nd Street
3rd Street
County Line Road
5th Street
Park Ave
South 2/3 County Line Road*
Park Ave
Calimesa Blvd
14th St
Avenue E
Ave D
Kentucky St
14th St
843 E 14th St
Kentucky St
843 E 14th St
13th St
08/25/2025 City Council Agenda
66 Item No.
AGENDA REPORT
DATE: August 25, 2025
TO:
FROM: Fermin Preciado, Director of Development Services/City Engineer S'! Honorable Mayor and City Council
Todd Gutjahr, Public Works Analyst��---
SUBJECT: Land Water Conservation Fund Grant Application — Resolution No. 2025-50 RECOMMENDATION:
aasI
That the City Council adopt Resolution No. 2025-50 approving the application for the Land and Water Conservation Fund requesting grant funding for the 13th Street Sports Complex Project through the California Department of Parks and Recreation.
BACKGROUND/DISCUSSION:
On February 14, 1963, President Kennedy's Administration proposed legislation to establish a Land and Water Conservation Fund (LWCF) Grant Program to assist states in the planning, acquisition, and development of recreation lands. The bill was passed and signed into law on September 3, 1964.
The National Park Service (NPS) administers the LWCF Grant Program at the federal level. Funds allocated to the State of California are administered by the California Department of Parks and Recreation under the provisions of the California Outdoor Recreation Resources Plan Act of 1967.
Outer Continental Shelf mineral receipts, sales of federal surplus real property, federal recreational fees, and federal motorboat fuel taxes all serve as funding sources for the LWCF Grant Program.
When an LWCF Grant Program funded project is completed, the land within the approved project footprint is placed under federal protection to preserve the public's outdoor recreational use of the site in perpetuity for the benefit of future generations. Through this effort, thousands of acres of land throughout California will remain as recreational parks in perpetuity. The City has previously successfully acquired LWCF grant funds for the acquisition of the property for the proposed Dunlap Park, which will be located at the southwest corner of Oak Glen Road and Avenue E. The engineering and construction plans for the Dunlap Park Project have been completed and staff is actively pursuing other grant funding opportunities to construct the project.
On April 19, 2016, the City of Yucaipa held a grand opening and ribbon -cutting ceremony for the 13th Street Sports Complex Project (Sports Complex). As of now, several components of the Sports Complex are still incomplete, including the parking lot landscaping and the installation of ballfield lighting.
08/25/2025 City Council Agenda
67 Upon reviewing the LWCF Grant Program guidelines for the 2025 grant cycle, staff identified that projects aimed at enhancing and expanding the usability of existing recreational facilities would be more competitive in seeking grant funds from the LWCG Grant Program.
Staff recommends that the City Council certify by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State; and certify that the City has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide in order to request funding for the installation of ballfield lighting at three ballfields in the Sports Complex, as well as for completing the installation of the landscaping and lighting in the parking lot.
The installation of lighting at the ballfields and the parking lot will improve the functionality and safety of the public sports facility by extending operating hours, improving safety, and helping to meet the goals of the LWCF Grant Program.
The estimated total cost to procure and install ballfield lights is approximately $740,000. Parking lot lighting is estimated at $60,000 and landscaping for the parking lot at $200,000. Altogether the total estimated cost to complete the work is approximately $1,000,000.
The LWCF Grant Program requires a local matching fund share of 50%, which translates to a $500,000 local match. The $500,000 local match must be funded by the City if the City's grant funding application is approved.
Prior to the City's incorporation, the Finkelstein family donated property to the County of San Bernardino, specifically the Yucaipa Valley Park and Recreation District. Portions of this property have been developed to include Crafton Hills College and the Sports Complex. The donation restricted the land to be used for educational, recreational, or charitable purposes only. The land was transferred to the City from the County of San Bernardino when it was incorporated in 1989. In July 2018, the Finkelstein heirs executed a termination of deed restriction. The termination of the deed restriction allowed portions of the unused property to be sold and/or developed, subject to the condition that the net proceeds of a sale of the land be used for recreational purposes on the remainder of the land donated by the Finkelstein family. The proposed improvements to the Sports Complex are consistent with the terms of the conditions and are aimed to improve and/or enhance the recreational elements of the existing facilities.
In September of 2021, the City Council adopted Resolution No. 2021-58 declaring a portion of City owned real property located at 32660 Yucaipa Boulevard as surplus property and not necessary for public use pursuant to Government Code Section 54221. The property, approximately 1 acre in size, is currently zoned for General Commercial land uses and is located west of Fire Station No. 2 and south of the Sports Complex. This land is a part of the land originally donated by the Finkelstein family.
Following the adoption of Resolution No. 2021-58, the owner of the Tuscano's Pizza and Pasta restaurant, 4 Star Solar, Inc. provided the City with a letter of intent to purchase the surplus property to develop a restaurant business. If the surplus property is sold by the City, the proceeds of the sale will be available to cover the local match to enhance the recreational elements of the Sports Complex.
08/25/2025 City Council Agenda
68 FISCAL IMPACT:
Staff recommends a budget increase of $1,000,000 for the 13th Street Sports Complex Project, which is funded through the Park Development Impact Fee fund. Additionally, there may be a $500,000 increase in revenue as a result of the surplus property sale mentioned above and transfers out of the Miscellaneous Special Revenue Fund, as well as a $500,000 increase in transfers out of the General Fund. This recommendation is contingent upon the successful award of the LWCF Grant Program application and the future sale of the surplus property.
Attachment:
1. Resolution No. 2025-50
Approved by: _a l
08/25/2025 City Council Agenda
69 ATTACHMENT 1
08/25/2025 City Council Agenda
70 RESOLUTION NO. 2025-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, APPROVING THE APPLICATION FOR THE LAND AND
WATER CONSERVATION FUND 13th STREET SPORTS COMPLEX
PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant -In -Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and
WHEREAS, the City of Yucaipa certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1.
Certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State; and Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide.
Section 2. Agrees to abide by 54 U.S.C. §200305(f)(3) which requires, "No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then -existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location."
Section 3. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed.
Section 4. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
08/25/2025 City Council Agenda
71 Section 5.
Authorizes the Interim City Manager or her designee as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.
PASSED, APPROVED, and ADOPTED this 28th day of August, 2025.
Jon Thorp, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
08/25/2025 City Council Agenda
72 CITY OF
AGENDA REPORT
Item No. 6
DATE: August 25, 2025
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer.
Landon Kern, Assistant City Engineer GK
Katrina Kunkel, Associate Engineer y3'
SUBJECT: Approval of Final Parcel Map No. 20281
RECOMMENDATION:
That the City Council:
1) Find that Final Parcel Map No. 20281 is in substantial conformance with the previously approved tentative map; and
2) Approve Final Parcel Map No. 20281 in accordance with the Conditions of Approval; and 3) Accept any and all dedications for public -right -of way and easements as offered and described on the map for street, drainage, and public utility purposes; and 4) Authorize the City Clerk and City Engineer to sign the map evidencing the City Council's approval; and
5) Authorize staff to process and file the map with the San Bernardino County Assessor -Recorder - County Clerk's Office.
BACKGROUND/DISCUSSION:
On February 1, 2021, Tentative Parcel Map No. 20281 was conditionally approved by the Planning Division for the subdivision of one residential parcel into four residential parcels located at the northeast intersection of 4th Street and Bella Vista Dr; APN: 0319-161-28.
Consistent with the City's Development Code, a tentative map is valid for up to an 8-year period (pending review/approval of applications for extensions) allowing the applicant/developer to complete the necessary requirements prior to requesting City Council's approval and recordation of a final map.
In some cases, projects have also been eligible for additional time extensions as a result of State laws that automatically apply during hardships. For example, in 2020, Assembly Bill 1561 was signed into law and extended the validity of housing entitlements such as tentative maps by an additional 18 months due to impacts from the COVID-19 pandemic.
08/25/2025 City Council Agenda
73 The City Council's consent is required to approve/authorize the recordation of final maps, to accept securities/bonds for the subdivision, and to accept offers of dedication for public -right-of-way. The offers of dedication included in this final map result in a thirty-three foot half -width right-of-way along 4th Street which is consistent with the City's General Plan.
It is the responsibility of the applicant/developer to demonstrate that the project specific Conditions of Approval have been met prior to requesting the City Council's approval of the final map. Staff has conducted a Condition Compliance Review and all necessary Conditions of Approval required to be met prior to approval and recordation of the fmal map have been met.
With the City Council's approval, Final Parcel Map No. 20281 can be recorded, and the applicant/developer can proceed with the preparation of the engineering plans, construction documents and applicable permit applications to construct the residential units, street improvements and other associated public infrastructure.
FISCAL IMPACT:
The recommendations do not result in a fiscal impact.
Attachments:
1. Location Map
2. Final Parcel Map No. 20281 Exhibit
Approved by:
08/25/2025 City Council Agenda
74 ATTACHMENT 1
08/25/2025 City Council Agenda
75 QL
NP
LOCATION MAP
N. T.S.
ROAD
AVENUE
HEIGH TS
YUCAIPA
1-10 FREEWA
PARCEL MAP 20281
ROAD
WILSON ' EEK DATE STR['ET
WILDWOOD CANYON
TO PALM
SPRINGS
AVENUE
)
COUNTY LINE
0 y
CHERRYWOOD DR
08/25/2025 City Council Agenda
76 ATTACHMENT 2
08/25/2025 City Council Agenda
77 IN THE CITY OF YUCAIPA
PARCEL MAP NO. 20281
THAT PORTION OF BLOCK 53, SUBDIVISION NO. 2 OF A PART OF YUCAIPA VALLEY, IN
THE CITY OF YUCAIPA, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 17, PAGE(S) 99 AND 100 OF MAPS, RECORDS OF SAID COUNTY.
SITETECH, INC.
OWNER'S STATEMENT
HEREBY STATE THAT AM THE ONLY PARTY HAVING ANY RECORD TITLE MTEREST
THE LAND SUBDIVIDED AS SHOWN ON THIS MAP, AND I CONSENT TO THE "REPARATION AND RECORDATION OF THIS FINAL MAP.
HEREBY ?REVOCABLY OFFER TO DEDICATE TO THE CITY OF YUCAIPA, THE PUBLIC IN GENERAL. AND TO ANY OF THE SEVERAL PUBLIC UTILITY COMPANIES WHICH ARE AUTHORIZED TO SERVE IN SAID SUBDIVISION. AN EASEMENT FOR PUBLIC ROADS AND PUBLIC LRUTY PURPOSES IN. UNDER. OVER, THROUGH, AND ACROSS 4TH STREET SHOWN ON THE ANNEXED MA.P. THE EXPRESSTD RIGHTS TO THE PUBLIC IN GENERAL AND TO THE SEVERAL UTILITY COMPANIES SHALL. BE AND SHALL REMAIN INFERIOR TO THE SUPLNIOR RIGHTS OF THE CITY OF YUCAIPA.
1FI'THI X+1_F0 EN. P MARRIED MAN, AS HIS SOLE AND SEPARATE PROEPRTY'
4.44�
1-1H10TN'1 3.4641
NOTARY ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
DENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WINCH TITS CERTIFICATE IS ATTACHED, AND NOT THE TRUTF1ULNESS, ACCURACY. CR VAUDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
ON ICI-4-2025. BEFORE ME.. E,•SIlSe5kI' .. L .) A NOTARY PUBLIC.
PERSONALLY APPEARED Tinno+4Y AMC •
WHO PROVED TO ME ON THE BASIS DF SAPSFAC.T6RY EVIDENCE TO BE THE PERSON(S) *HOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE/SHE/THEY EXECUTED THE SAME IN II,S/HER/THEIR AUTHORIZED CAPACITY(IES),
AND THAT BY HIS/HER/THEIR SICNATURE(S) ON THE MSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALLY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA
THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT
WITNESS MY HAND AND OFFICIAL SEAL.
SIGNATURE. -e. .A.jea
NAME PRINTEDE.SAYGSNit. _._.. .
I• ATMISSION EXPIRES: MAL t3.'2.O2 .. ��..
I, ENI.IPAL PI. ACE OF BUSINESS 15 IN �.SV11ofP1IF1Q
COUNTY
DECEMBER 2024
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A
FIELD SURVEY IN CONFORMANCE YATH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF TM McFAYDEN IN DECEMBER. 2024. ALL MONUMENTS SHOWN HEREON ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED. OR PALI BE SET IN SUCH POSITIONS ON OR BEFORE DECEMBER, 2025. IN COMPLIANCE WITH SECTIONS 66495 AND 66496 OF THE SUBDIVISION MAP ACT. 1 HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP. IF ANY.
DATED: _ 2 S. 20 S
BERNHARD K. MAYER. L.S. 7319
FYP,RFS 6/30/27
BOARD OF SUPERVISOR'S CERTIFICATE
1 HEREBY CERTIFY THAT A BOND IN THE SUM OF $ __HAS BEEN EXECUTED AND
FILED WITH THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. CONDITIONED UPO19NrPAYMENT OF Alt. TAXES (STATE. COUNTY.
MUNICIPAL, CR LOCAL) AND ALL SPECIAL ASSESSMENTS. COLLECTED AS TAXES. WHICH
AT THE TIME OF THE FILING OF THIS MAP WITH THE SAN BERNARDINO COUNTY ASSESSOR -RECORDER -COUNTY CLERK. ARE A LIEN AGAINST SAID PROPERTY. BUT NOT YET PAYABLE; AND THAT THE SUBDIVIDER HAS FILED YOUTH ME A CERTIFICATE BY THE
PROPER OFFICER GIVING HIS ESTIMATE OF THE AMOUNT OF SAID TAXES AND SPECIAL ASSESSMENTS AND SAID BOND .S HEREBY ACCEPTED
DATED. -MOM
LYNNA MONELL
CLERK OF THE BOARD OF SUPERVISORS
SAN BERNARDINO COUNTY
BY: v� S/ _ DEPUTY
SIGNATURE OMISSIONS
THE SIGNATURE OF THE FOLLOWING PARTIES BEING THE OWNERS OF EASEMENTS FOR THE NATURE AS DENOTED BELOW AND DISCLOSURE BY THESE DOCUMENTS. RECORDS OF SAN BERNARDINO COUNTY. HAVE BEEN OMITTED UNDER 141E PROVISIONS OF SECTION 66436 OF THE 5U8•1I990N MAP ACT. THEIR INTERESTS CANNOT RIPEN INTO A FEE I)REDLANDS AND YUCAIPA WATER COMPANY, A CORPORATION. HOLDER OF
EASEMENTS FOIL WATER PIPELINES AND RIGHTS INCIDENTAL THERETO, RECORDED JULY 14, 1910, RECORDED IN BOOK 463, PAGE 381 OF OFFICIAL RECORDS - SAID
EASEMENT CANNOT BE LOCATED FROM RECORD
2)AN EASEMENT FOR PUBLIC H1LITIES AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT RECORDED IN BOOT) 1634, PAGE 485 - SAID EASEMENT
CANNOT BE LOCATED FROM RECORD
SHE L. 1 I OF 2 SHEERS
AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR'S CERTIFICATE HEREB, CERTIF., II -AT ACCORDING 'O WTI 141E OFFICL. AS or THIS DAZE, THERE ARE N0 LIENS AGAINST THE Kt. AL I'RJPERTF SHOWN UPON THIS MAP FOR UNPAID STATE. COUNTY. MUNICIPAI.r1:) A_ TAXES, OR
SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS. NOT YET PAYABLE, ESTIMATED TO BEM& -
DATED. 1i/4'Jlas ------ vaR
ENSEN MASON
AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR
SAN BERNARDINO COUNTY
BY: ‘'11.- DEPUTY
CITY COUNCIL'S CERTIFICATE
I HEREBY STATE THAT THE CITY COUNCIL OF THE CITY OF YUCAIPA DULY APPROVED THE ANNEXED MAP OF PARCEL MAP NG. 20281. AND ACCEPTED FOURTH STREET. SUBJECT TO ITS IMPROVEMENTS IN ACCORDANCE WITH CITY STANDARDS.
_ATE[:: .
ANNA $AUSEDA, MMC
°RECTOR OE GENERAL SERVICES, OP, CLERK
CITY CIE YUCAIPA
DUTY ENGINEER'S STATEMENT
I HEREBY STATE THAT HA'.£ EXAMINED THE ANNEXED MAP AND THAT THE
SUBDIVISION SHOWN THEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, IF REQUIRED. AND ANY APPROVED ALTERATIONS
THEREOF, AND THAT ALL THE PROVISIONS OF THE SUBDIVISION MAP ACT ANT' THE CITY OF YUCAIPA SUBDIVISION ORDINANCES HAVE BEEN COMPLIED WITH.
DATED:
BY:
FERMIN G. PRECIADO, CITY ENGINEER.
CITY OF YUCAIPA, R.C.E. N0. 7689•.
EXPIRATION DATE:
COUNTY SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND FHA
ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND 1 AM SATISFIED SAID MAP IS TECHNICALLY CORRECT.
DATED '._$f6/LOLS _--
RYAN NUNSICKER, COUNTY SURVEYOR,
SAN BERNARDINO COUNTY
BY•MT_AO.
LS//'10 9075
DEPUTY
EXPIRATION DA'E 31•SI'T.F
SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
TTHS MAP FFAS BEEN FILED UNDER DOCUMENT NUMBER -.._.
THIS ___.. _DAY OF_._. 20 AT .M IN BOOK
OF PARCEL MAPS, AT PAGES -. , Al THE REQUEST
OF
IN THE AMOUNT OF $
JOSIE CONZALES
ASSESSOR -RECORDER
SAN BERNARDINO COUNTY
8Y.
DEPUTY RECORDER
08/25/2025 City Council Agenda
78 FOUND SPIKE &---�
WASHER. R.C.E. 31890
PER C.R. 232/04,
ACCEPTED AS N W
CDR. IRK. 53
FOUND 1" I.P.,�{.�
P./7 -\.�
M.B.8. 343/17-20
1096
SUNLIGHT
DRIVE FOUND SPIKE &J
WASHER. R.C.E 31890
PER C.R 232/03, &
PER M.B. 343/17-20
(s.
(N 8929161 E) R&M
(53.16') 53.17'
r
5 F N., ESTABl15HE0
Y /BRECORD DISTANCE
IN THE CITY OF YUCAIPA
PARCEL MAP NO. 20281
THAT PORTION OF BLOCK 53, SUBDIVISION NO. 2 OF A PART OF YUCAIPA VALLEY, IN
THE CITY OF YUCAIPA, SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 17, PAGE(S) 99 AND 100 OF MAPS, RECORDS OF SAID COUNTY.
SITETECH, INC.
N 8927'54" E [EAST]
SCALE: 1 "=30'
330.05' [330,001
4.. -S.F.N
300.05'
1"7 04
60.00 80.00 f
t 60.01'
3.OD'
1 1 11
I
S.F.N., ESTABOSHEO
BY RECORD DISTANCE
EXISONG 30'
RIGHT-OF-WAY PER
•] R&M
12.00' [132.00'
MB. 17/99-100
8PARCEL
1 PARCEL 1
1.5 2 8
g PARCEL 3 g
PARCEL 4 g
NET-15,434 S.F.
NET-7,920 S.F.
= NET- 7.920 S.F. n
- NEI=i,921 S.F. N
GROSS=24,687 S.F.
-
; DROSS=9,720 S.F. -
s GROSS=9,720 SF.
g
; GROSS-9.721 S.F. `
0 0
z
ROAD OEDICARDN
THIS MAP
N 6220121" W
al5 .no .n
6100'
80.00' 1
60.00'
SB. CO. ROADWAY ESMT. PER DOC.--
RECORDED 9/27/1979 IN BK. 9781,
PC. 1983. ACCEPTED 10/14/92 PER,r
DOC. 90. 92-0424487 �-25.57
-
Cl .---- C2
FOUND 1" I.P:
P.L.S. 5137 PER
M.B. 343/17-20
54" E
-N 89
1 [EAST] 300.08' [300.00']
M
I 205.57'
DECEMBER 2024
FOUND 1" I.P.,
PLS. 5137 PER
N.B. 343/17-20
FOUND P.L. PROD. IN TOP OF
11.58' CURB, LEAD & TAG, PLS
5137 PER M.8. 343/17-20
V__._ ____. Y
(14 89'27'54" E) R&M 389.96' (389.92')
BELLA VISTA DRIVE
-I I I I
I I I
I I I I
01 SHEF 2 OF 2 SHUT: IS
a
S08U9L
DR
AVENUE E
17,
1E
11A VISTA
DR
WROW000 CANYON RD
VICINITY MAP
NO SCALE
SURVEYOR'S NOTES:
1) THE BASIS OF BEARING FOR THIS MAP 15 THE CENTERLINE OF BELLA VISTA DRIVE PER TRACT 16030 M.B. 343/17-20. BEARING BEING: N 8927'54" W 2) INDICATES FOUND MONUMENT AS NOTED.
.3) -0-- INDICATES SET 1" I.P., 18" LONG, WITH PLASTIC PLUG STAMPED L.S. 7319, UNLESS OTHERWISE SHOWN.
4) L. ) INDICATES RECORD DATA PER TRACT 16030 M.B. 343/17-20. 5) [ ] INDICATES RECORD DATA PER P.M. 555, P.M.B. 50/71. 6) 1 I INDICATES RECORD DATA PER C.R. 232/04
7) R&M INDICATES RECORD AND MEASURED.
B) S.F.N. INDICATES SEARCHED FOUND NOTHING,
9) THIS PARCEL MAP CONTAINS 4 NUMBERED PARCELS.
10) COMPOSITE DEVELOPMENT PLAN NOTE:
A COMPOSITE DEVELOPMENT PLAN AFFECIINC THIS MAP IS ON FILE VATH THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF YUCAIPA. 184.39'
CURVE DATA
CRV
DELTA
RADIUS
LENGTH
C1
(650'26 )
(300.00')
(35.82')
C2
(6149'04')
(300.00')
(35.70')
ce
IUUNU 1'
P.LS. 5137 PER U
M.B. 343/17-20 3
s
v
U
(70
R8A4
R&M
08/25/2025 City Council Agenda
79 Item No. 7
AGENDA REPORT
DATE: August 25, 2025
TO: Honorable Mayor and City Council
FROM: Trevor Benson, Public Safety Manager
SUBJECT: Grant Acceptance of the Edward Byrne Memorial Justice Assistance Grant (JAG) RECOMMENDATION:
That the City Council:
1 Authorize the acceptance of the 2023 and 2024 Edward Byrne Memorial Justice Assistance Grants (JAG) in the amounts of $11,874 (2023) and $12,134 (2024), respectively; and
2. Approve the proposed use of grant funds as outlined in this report; and
3. Authorize the Interim City Manager, or designee, to execute all necessary grant documents and agreements.
BACKGROUND/DISCUSSION:
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program, administered by the U.S.
Department of Justice, provides funding to local jurisdictions to support a broad range of criminal justice activities, including law enforcement, prosecution, crime prevention, education, corrections, and technology improvements.
The City of Yucaipa is eligible to receive JAG funding based on a formula that considers the City's share of violent crime and population.
The City has been allocated:
• 2023 JAG: $ 11,874
• 2024 JAG: $ 12,134
These grants do not require a local match and may be used for activities that support public safety and improve the effectiveness and efficiency of criminal justice programs.
For the 2023 JAG award, staff propose to allocate funds toward the acquisition of equipment, officer safety gear and technology upgrades.
08/25/2025 City Council Agenda
80 For the 2024 JAG award, staff propose to allocate funds toward purchase of officer safety equipment and emergency portable power devices.
Use of these funds will enhance the Police Department's ability to address crime trends, improve officer and community safety, and support modern policing strategies.
FISCAL IMPACT:
The recommendations result in revenue of $24,008 to offset costs included in the FY26 Budget.
Attachment(s):
1. 2023 JAG Grant
2. 2024 JAG Grant
Approved by:
08/25/2025 City Council Agenda
81 ATTACHMENT 1
08/25/2025 City Council Agenda
82 SAN BERNARDINO COUNTY PRIMARY AND SUBRECIPIENT GRANT BUDGET MODIFiCATI0N REQUEST Contact Name, Title
Phone NuRite r(s}
Email Addresslesl
rreVOr tiensnn, Public Safety Manager
909.797-2489 ext.:1u
rllllli$COMPLIANCE,
Plol Aunlit able
FRMCertification:
es/We
(se lee
NIDI .•,'..F inn Static
I7an5}un,;rvrr. j,:•I•,:I
Category Item
G 19
G 20
G 21
G 22
CURRENT GRANT BUDGET -JAG 2023 -Yucaipa
Description
Yucaipa: Point Blank ASPISX Gen 2 Ballistic Shield
Yucaipa: North American Rescue MCI Throw Kits(6)
Yucaipa: North American High Risk Casualty kits (2)
Yucaipa: North American Rescue°stick Litters
Budget Detail
Equipment
Supplies
Supplies
Su p pi ies
Quantity Cost
1 $7,700
1 52,717
1 $998
1 $459
Total Budge
57,700
52,717
5998
5459
511,874
Claimed Expense jQuarterlyReporting)
Grant Revenue Total
50-00 $0.00
50.00 $0.00
$0.00 50.00
50.00 $0.00
$0.00 $0.00 $0.00
REQUESTED DECREASES TO CURRENT GRANT BUDGET
Category Item Description Budget Detail
19 Yucaipa: Point Blank A5PISX Gen 2 Ballistic Shield Equipment G 21 Yucaipa: North American High Risk Casualty Kits(2) Supplies Quantit
1 1
Y
Cost
$7,700
5998
Total Budge
51,100
$998
50 50
50 Actual Expense
Grant Revenue
50.00 50.00
50.00 50.00
Action
Delete
Delete
Narrative:
$8,598
The City has already purchased bohistic shields using General Fund money and no longer has a need to purchase these items using grant funds. The City would like to delete the supplies purchases Kowa It y Kits and Rescue Quick litters) due to lock of funding hosed on our new equipment request below.
J
REQUESTED INCREASES TO CURRENT GRANT BUDGET
Category item
Description Budget Detail
NVD PV5-14 NV Monocular, US Made, Gen 3,
Green Phosphor Equipment
Purpose: M9ht vision 20_pgles to increase vFsrbiidydurtng row lighrop'rations.
NVD Night Vision SurvallanceKit:
Alacal 3x Magnifier, Wilcox 0ll Helmet Mount -
Black, NV Viewer, Standard Accessory Kit:Green
Carry Case, Neck Cord, Lens Cap, USGW 1-Arrn,
Sacrificial Window, Owners Manual, 1-Year E urpment
Quantity
2 2
Purpose: Accessories for night vision goggles to increase sight distance, attach to helmets, etc.
Cost
52,495
$1,973
Total Budget
54,990
53,945
50 Actual Expense
Grant Revenue
50.00 Action
Add
Add
Purpose:
50 Purpose:
Purpose
50 Narrative:
58,935
the addition of night vision gaggles and related ac cessorres provides a multitude of benefits to our Pollee Department tie r does not currently exist. These benefits include: enhanced visibility in low light si tua t ions, nu -reused officer safety, tactical advantages during operations, improved search and rescue capabilities, Increased evidence collection, and a general improved crime deterenceijcriminaisknow that the deportment has night vision capabilities.
REQUESTED GRANT BUDGET - JAG 2023 -Yucaipa
Projected Expense (Project End)
08/25/2025 City Council Agenda
83 Category Item Description Budget Detail quantity Cost Total Budget I Grant Revenue Total G 20 Yucaipa: North American Rescue MCIThrow Kits (6) Supplies 1 $2,717 S2,111 $2,717.00 52.717.00 NVD PVS-14 NV Monocular, US Made, Gen 3,
Green Phosphor Equipment 2 $2,495 54,910 $4,990.00 $4,990.00 NVD Night Vision Survallance Kit:
Afocal 3x Magnifier, Wilcox Gil Helmet Main t-
Black, NV Viewer, Standard Accessory Kit: Green
Carry Case. Neck Cord, Lens Cap, USGI-Arm,
Sacrificial Window, Owners Manual, 1-Year Equipment 2 $1,973 $3,945 $3,945,00 S3,945.00 G 22 Yucaipa: North American Rescue Quick Litters Supplies 1 $459 $459 5222.00 S222.00 50 50.00
50 S 0.00
50 50.00
Submitted:
Status:
Notes:
Pale
512113 511,874.00 $0.00 $11,174.00
08/25/2025 City Council Agenda
84 ATTACHMENT 2
08/25/2025 City Council Agenda
85 C1RANTS C 0v
WORKSPACE FORM
1.800.518.4726
SUPPORTa@@GRANTS.GOV
This Workspace form is one of the forms you need to complete prior to submitting your Application Package. This form can be completed in its entirety offline using Adobe Reader. You can save your form by clicking the "Save" button and see any errors by clicking the "Check For Errors" button. In -progress and completed forms can be uploaded at any time to Grants.gov using the Workspace feature.
When you open a form, required fields are highlighted in yellow with a red border. Optional fields and completed fields are displayed in white. If you enter invalid or incomplete information in a field, you will receive an error message. Additional instructions and FAQs about the Application Package can be found in the Grants.gov Applicants tab.
OPPORTUNITY & PACKAGE DETAILS:
Opportunity Number:
O-BJA-2024-172239
Opportunity Title:
BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program- Local Solicitation
Opportunity Package ID: Pi{G00287845
CFDA Number: 16.738
CFDA Description: Edward Byrne Memorial Justice Assistance Grant Program Competition ID: C-aJA-2024-00091-PROD
Competition Title: Category 1- Applicants with eligible allocation amounts of less than $25,000 Opening Date: 09/04/2024
Closing Date:
10/16/2024
Agency:
Bureau of Justice Assistance
Contact Information:
Erich Dietrich
APPLICANT & WORKSPACE DETAILS:
Workspace ID:
W501427832
Application Filing Name: BJA FY24 Edward Byrne Memorial justice Assistance Grant (JAG) UEI:
QVGWF3wJ3QFB
Organization: CITY OF YOCAIPA
Form Name: Application for Federal Assistance (SF-424)
Form Version: 4.0
Requirement: Mandatory
Download Date/Time: Oct 09, 2024 04:34: 31 FM EDT
Form State:
No Errors
FORM ACTIONS:
08/25/2025 City Council Agenda
86 OMB Number: 4040-0004
Expiration Date: 11/30/2025
Application for Federal Assistance SF-424
' 1. Type of Submission:
Application
' 2. Type
of Application- * If Revision, select appropriate letter(s):
@ Preapplication
Application
❑ Changed/Corrected
01 New
"Other (Specify):
El Continuation
• Revision
' 3. Date Received: 4. Applicant Identifier.
Comps ated by Grants.9ov upon submission.
JAG 2024
5a. Federal Entity Identifier:
5b. Federal Award identifier:
State Use Only:
6. Date Received by State:
7. State Application identifier:
8. APPLICANT INFORMATION:
' a. Legal Name: City of Yucaipa
' b. Employer/Taxpayer Identification Number (EIN IN):
' c. UEI:
185-6002748
QV7WF3'v13uF3
d. Address:
' Street1:
Street2:
' City:
County/Parish:
'State:
Province:
'Country:
' Zip1 Postal Code:
34272 YCCAI PA P.L. D
YUCAIPA
SAN BERNARDINO
CA: California
USA: UNITED STATES
92399-2433
e. Organizational Unit:
Department Name:
Division Name:
CIT`? OF YUCAIPA
POLICE DEPARTMENT
f. Name and contact information of person to be contacted on matters involving this application:
Prefix:
' First Name: N L .SSA
Middle Name:
' Last Name: `LEE
E
Suffix:
Title: pU3LIC SAFETY ADMINISTP;TIVE ASSISTP.NT
Organizational Affiliation:
CITY OF YUCAIPA
' Telephone Number:
90g-797-2489 EXT 231 Fax Number:
' Email: M.LEE@YUCAIPA. GOV
08/25/2025 City Council Agenda
87 Application for Federal Assistance 5F-424
' 9. Type of Applicant 1: Select Applicant Type:
C: City or Township Government
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
• Other (specify}:
• 10. Name of Federal Agency:
Bureau of Justice Assistance
11. Catalog of Federal Domestic Assistance Number:
16.738
CFDA Title:
Edward Byrne Memorial Justice Assistance Grant Program
" 12. Funding Opportunity Number:
0-BJA-2024-172239
• Title:
BSA FY 24 Edward Byrne Memorial Justice Assistance Grant {JAG} Program- Local Solicitation
13. Competition identification Number:
C-BJA-2024-00091-PROD
Title:
Category 1- Applicants with eligible allocation amounts of less than $25,000
14. Areas Affected by Protect (Cities, Counties, States, etc.):
Add Attachment
Delete Attachment
View Attachment
• 15. Descriptive Title of Applicant's Project:
C=TY OF-riCAIPA ?CLICE DEPARTMENT SAFETY ITEMS
Attach supporting documents as specified in agency instructions.
Add Attachments
Delete A!'achmer•L ;
ew Attachments
08/25/2025 City Council Agenda
88 Application for Federal Assistance SF-424
16. Congressional
' a. Applicant
Districts Of:
CA2 3 ' b. Program/Project cA23
Attach an additional list of Program/Project Congressional Districts if needed.
Add Attachment ❑effete Attachment View Aztachrnent
17. Proposed
'a. Start Date:
Project:
10/10/2024 "b. End Date: 09/30/2026
18. Estimated Funding ($):
'a. Federal
' b. Applicant
"c. State
'd.Local
" e. Other
' f. Program Income
"g.TOTAL
0. 0C
0.00 0.001
12,134.30
0 . 00
0. 00
12,134.00
• 19. Is Application
is subject
is not
Subject to Review By State Under Executive Order 12372 Process? was made available to the State under the Executive Order 12372 Process for review on 08 /2 2 / 202 3 J. @ a. This application
b. Program
c. Program
to E.O. 12372 but has not been selected by the State for review. covered by E.O. 12372.
" 20. Is the Applicant
Yes
!f "Yes", provide
Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) al No
explanation and attach
Aid .".:'.3cnt". r.t Delete Actachrnen: Vie'.,) A:tachment
21. By signing this application, 1 certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award. I am aware that any False, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) ® "IAGREE
** The list of certifications and assurances, or an intemet site where you may obtain this list. is contained in the announcement or agency specific instructions.
Authorized Representative:
Prefix:
Middle Name:
" Last Name:
Suffix:
" First Name: TREVOR
I
EENSON
r
"Title: PUBLIC SAFETY MANAGER
• Telephone Number:
818-535-4824 Fax Number:
` Email: TBENSON@YUCAIPA. GOV
• Signature of Authorized
Representative: Completed by Grants:gov upon submission. ' Date Signed: Completed by Grants.gov upon submission. 08/25/2025 City Council Agenda
89 Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
Washington. D.C. 20531
Name and Address of Recipient:
City, State and Zip:
Recipient UEI:
Project Title: CITY OF YUCAIPA POLICE
DEPARTMENT SAFETY ITEMS
Solicitation Title: BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Federal Award Amount: S12,134.00 Federal Award Date: 12/4/24
CITY OF YUCAIPA
34272 YUCAIPA BLVD
YUCAIPA, CA 92399
QVUWF3WJ3QF8
Award Number: 15PBJA-24-GG-04835-JAGX
Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Funding Instrument Type: Grant
Opportunity Category: 0
Assistance Listing:
16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/23 Project Period End Date: 9/30/25 Budget Period Start Date: 10/1/23 Budget Period End Date: 9/30/25 Project Description:
The City of Yucaipa Police Department is seeking funding through the JAG Grant 2024 to enhance law enforcement capabilities by acquiring essential safety equipment.' This proposal aims to secure $10,761 to equip officers with advanced tools that will improve their effectiveness and safety in high -threat situations, ultimately benefiting the community.
The requested items include pepper ball launchers and rounds, which provide a Tess -lethal force option for subduing combative individuals, ensuring public safety during volatile encounters. Additionally, high -quality area lighting will facilitate thorough investigations by the Major Accident Investigation Teams in poorly lit environments, while portable generators will ensure operational continuity during emergencies, such as earthquakes and floods. By investing in this equipment, the Yucaipa Police Department will enhance its response capabilities, protect personnel, and safeguard the community. This proposal underscores our commitment to maintaining public safety and our appreciation for support in advancing law enforcement efforts.
Page: 1
08/25/2025 City Council Agenda
90 Award Letter
December 4, 2024
Dear MELISSA LEE,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by CITY OF YUCAIPA for an award under the funding opportunity entitled 2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $ 12,134.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award, These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. Tc accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process,
Congratulations, and we look forward to working with you.
Brent J. Cohen
Acting Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW).
Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the bases of age.
Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs. 08/25/2025 City Council Agenda
Page: 2
91 OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.
Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the subject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner.
For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical assistance, training, and other resources, please visit www.ojp.00v/program/civil-rights-office/outreach . If you would like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCRo jp.usdoj.gov or www.olp-gov/program/civil-rights-officelabout#ocr-contacts .
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.? Accordingly,?prior to obligating?funds for any of the specified activities, the grantee must first determine if any of the specified activities will be?funded by the grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 1 Da -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c.? A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d.? Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine metharnphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories_ Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required.
For more information about Mitigation Plan requirements, please see https_/Iwww_bia.gov/Funding/ nepa.html.
NEPA Coordinator
08/25/2025 City Council Agenda
Page: 3
92 First Name
Orbin
Middle Name Last Name
no value Terry
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Recipient Information
Recipient Name
CITY OF YUCAIPA
UEI
QVUWF3WJ3QF$
Street 1
3 4272 YUCAIPA BLVD
City
YUCAI PA
Zip/Postal Code
9 2399
CountylParish
no value
Award Details
Federal Award Date
12f4/24
Award Number
15PBJA-24-GG-04835-JAGX
Federal Award Amount
$12,134.00
Street 2
State/U.S. Territory
California
Country
United States
Province
no value
Award Type
Initial
Supplement Number
00 Funding Instrument Type
Grant
Assistance Listing Assistance Listings Program Title
Number
16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority
Pub. L. No, 90-351, Title €, Part. E, subpart 1 (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a). [ ] 1 have read and understand the information presented in this section of the Federal Award Instrument. 08/25/2025 City Council Agenda
Page: 4-
93 Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Solicitation Title Awarding Agency
oJP
2024 BJA FY 24 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program - Local Solicitation Program Office BJA
Application Number
GRANT14276765
Grant Manager
Elaine Vanlandingham
Phone Number E-mail Address
202-598-7415 [email protected]
Project Title
CITY OF YUCAIPA POLICE DEPARTMENT SAFETY ITEMS
Performance Period Start
Date
10/01/2023
Performance Period End Date
09/30/2025
Budget Period Start Date Budget Period End Date
10/01/2023 09/30/2025
Project Description
The City of Yucaipa Police Department is seeking funding through the JAG Grant 2024 to enhance taw enforcement capabilities by acquiring essential safety equipment. This proposal aims to secure $10,761 to equip officers with advanced tools that will improve their effectiveness and safety in high -threat situations, ultimately benefiting the community.
The requested items include pepper ball launchers and rounds, which provide a less -lethal force option for subduing combative individuals, ensuring public safety during volatile encounters. Additionally, high -quality area lighting will facilitate thorough investigations by the Major Accident Investigation Teams in poorly lit environments, while portable generators will ensure operational continuity during emergencies, such as earthquakes and floods. By investing in this equipment, the Yucaipa Police Department will enhance its response capabilities, protect personnel, and safeguard the community. This proposal underscores our commitment to maintaining public safety and our appreciation for support in advancing law enforcement efforts. [ ] 1 have read and understand the information presented in this section of the Federal Award Instrument.
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. [ ] 1 have read and understand the information presented in this section of the Federal Award Instrument.
Page: 5
08/25/2025 City Council Agenda
94 Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Condition 1
Meaningful access requirement for individuals with limited English proficiency The recipient. and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to their programs and activities to comply with Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of national origin, including discrimination against individuals with LEP. Such steps may require providing language assistance services, such as interpretation or translation services. The Department of Justice guidance on compliance with this requirement may be found at "Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455-41472) (https:f/ www.federalregister.gov/dt02-15207) and is incorporated by reference here.
Condition 2
Compliance with general appropriations -law restrictions on the use of federal funds (FY 2024) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.htm , and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP, Condition 3
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38.
Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the Department to support or engage in any explicitly religious activities except when consistent with the Establishment Clause of the First Amendment and any other applicable requirements. An organization receiving Federal financial assistance also may not, in providing services funded by the Department of Justice, or in their outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. In addition, Part 38 states that a faith -based organization that participates a Department of Justice funded program retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law.
Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-officefpartnerships-faith-based-and-other-neighborhood-organizations .
In certain instances, a faith -based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, please see https://www.ojp,gov/ funding/explore/legaloverview2924/civilrightsrequirements.
Condition 4
Requirements of the award; remedies for non-compliance or for materially false statements Page: 6
08/25/2025 City Council Agenda
95 The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or an behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ('DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:
special circumstances as to particular award conditions" (ojp.govlfunding/Explore/LegalNotices-AwardRegts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below. a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.
Condition 5
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OV1N, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the ODJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
Condition 6
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 G.F.R. Part 2800 (together, the "Part 200 Uniform Requirements') apply to this award from OJP,
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https:l/ojp.govlfunding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records. supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334_ Page: 7
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96 In the event that an award -related question arises From documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
Condition 7
Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https:l/oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline .
Condition 8
Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
Condition 9
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3,10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
Condition 10
Requirement for data en performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the tirneframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
Condition 11
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https:/1ojp.gov/financialguide/DOJlindex.htm). including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
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97 Condition 12
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C,F,R, Part 42 that relate to an equal employment opportunity program.
Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f) contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.
Condition 13
Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https:f/ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
Condition 14
Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DDJ If the recipient is designated "high risk" by a federal grant-rnaking agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting©ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency.
Condition 15
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
S. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.
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98 requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify ( www.e-verify.gov) , provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Noncontirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website ( https://www.e-verify.govf) or email E-Verify at E-Verify©dhs.gov. E-Verily employer agents can email E-Verify at E- [email protected].
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
Condition 16
Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
Condition 17
Reclassification of various statutory provisions to a new Title 34 of the United States Code Page: 10
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99 On September 1, 2017. various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
Condition 18
Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient --
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both --
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
Condition 19
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OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www_ojp.gov/funding/implementltraining-guiding-principles-grantees-and-subgrantees .
Condition 20
Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract"' (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https:f/ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250.000)), and are incorporated by reference here.
Condition 21
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. if so, the recipient must promptly notify the DOJ awarding agency (DJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the ❑OJ awarding agency, must seek a budget -modification or change -of -project -scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
Condition 22
Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2021, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1. 2021, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/ . All trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.
Condition 23
Compliance with 41 U.S.C, 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 Page: 12
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U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the ❑QJ awarding agency (OJP or OVW, as appropriate) for guidance.
Condition 24
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https:/lojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition. Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
Condition 25
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high - risk" for purposes of the DOJ high -risk grantee list.
Condition 26
Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
Condition 27
Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www_sam.gov/ . This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first - tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https:llojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
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This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
Condition 28
Compliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, "Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient ("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the "controlled equipment" list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/fundingfexplore/prohibited-and-controlled-equipment (Award condition:
Compliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards), and are incorporated by reference here.
Condition 29
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment. repeal, modification, or adoption of any law, regulation, or policy, at any level of government_ See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law. )
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the -recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
Condition 30
All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier. must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
Condition 31
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain 'education programs." Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.
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Condition 32
The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
Condition 33
Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient's Entity Administrator must make changes to contact information through DIAMD.
Instructions on how to update contact information in JustGrants can be found at https:lfjusticegrants.usdoj.gov/training! training -entity -management.
Condition 34
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 240E (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (Le., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
Condition 35
Body -worn cameras, policies and procedures
In accepting this award, the recipient agrees not to use award funds for purchases of body-wom cameras or related expenses for any agency unless that agency has policies and procedures in place that reinforce appropriate agency Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline.
Condition 36
Body armor - compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https:llnij.ojp.gov/ topics/equipment-and-technology/body-armor. In addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.
Condition 37
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the Page: 15
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recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's'OCFD's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
Condition 38
Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.
Condition 39
Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (Le., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web -based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.
Condition 40
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection. use. and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
Condition 41
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.
Condition 42
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 G.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
Condition 43
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.
Condition 44
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The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.
Condition 45
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system. as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U_S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
Condition 46
Justice Information Sharing
Information sharing projects funded under this award must comply with DOD's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:1 / it,ojp.gov/ gsp_grantcondition.
The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.
Condition 47
Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.
Condition 48
In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to C]OJ upon request.
Condition 49
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.
Condition 50
Law enforcement task forces - required training
Within 12D days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP Page: 17
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awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership ( www.ctfli.org) . The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership ( www.ctfli.org) .
Condition 51
Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. New construction:
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places:
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html , for programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
Condition 52
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200 305(b)(8)). The trust fund, Page: 18
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including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.
Condition 53
All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two (525K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https:// bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage(hitps:/lbjapmt.ojp.govlhelp/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
Condition 54
Required data an law enforcement agency training
Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public.
Condition 55
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum- - (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.
Condition 56
if award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).
Condition 57
Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https:/f www.justice.gov/olpfpage/file/1204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA.
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Condition 58
Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly rnade available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NiCS- relevant "eligible records".
In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.
Condition 59
Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
Condition 60
Extreme risk protection programs funded by JAG must include, at a minimum: pre -deprivation and post -deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States. as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in -person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government: pre -deprivation and post -deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.
Condition 61
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.
Condition 62
Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards," the requirements for the "Transfer/Sale of Award -Funded Controlled Equipment to Other LEAs" and the requirements for the "Transfer/Sale of Award -Funded Controlled Equipment to NON-LEAs" do not apply to this award.
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Condition 63
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
Condition 64
Initial period of performance; requests for extension.
The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award.
Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA.
Condition 65
Withholding of funds for Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Exeoutive of the Applicant Government," properly -executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition.
Condition 66
Withholding of funds for Budget narrative or information The recipient may not expend or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and an Award Condition Modification has been issued to remove this condition.
Condition 67
Withholding of funds: Completion of "OJP financial management and grant administration training" required The recipient may not obligate, expend, or draw down more than 10% of the award funds until-- (1) OJP determines that the recipient's Grant Award Administrator and all Financial Managers for this award have successfully completed an "OJP financial management and grant administration training" on or after January 1, 2021, and (2) OJP issues an Award Condition Modification (ACM) to modify or remove this condition.
Once both the Grant Award Administrator and Financial Manager have successfully completed the training required by this condition, the recipient may contact the designated grant manager for the award to request initiation of an ACM to remove this condition. Obligations, expenditures, and drawdowns prior to the ACM are made at the recipient's risk and may be disallowed if not in compliance with program requirements or approved budget.
A fist of the OJP trainings that OJP will consider an "OJP financial management and grant administration training" for purposes of this condition is available at https:l/onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.
Condition 68
The recipient agrees to promptly provide, upon request, financial or programmatic -related documentation related to this award, including documentation of expenditures and achievements. The recipient understands that it will be subject to additional financial and programmatic in-depth or on -site monitoring, which may be on short notice, and agrees that it will cooperate with any such monitoring. The recipient agrees to develop or maintain effective internal controls to Page: 21
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manage federal awards (see 2 C.F.R. 200.303) and effective financial management policies and procedures to manage federal awards (see 2 C.F.R. 200.302).
Condition 69
The recipient may not expend or draw down any award funds until-- (1) the program office has verified that the recipient has submitted all necessary documentation elements required consistent with the award conditions entitled, "Compliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards" and "Expenditures Prohibited Without Waiver," and (2) an Award Condition Modification (ACM) has been issued to remove this condition. Additional information about expenditures that are prohibited or controlled under this award may be found at httpsq/bja_ojp.gov/doc/jag-controlled-purchase-list.pdf. [ 1 l have read and understand the information presented in this section of the Federal Award Instrument.
Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I -- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) 1 understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S_C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Agency Approval
Title of Approving Official
Acting Assistant Attorney General
Name of Approving Official Signed Date And Time
Brent J. Cohen 12/1/24 5:45 PM
Authorized Representative
[ ] no value
Entity Acceptance
Title of Authorized Entity Official
no value
Signed Date And Time
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CITY OF
AGENDA REPORT
Item No.
DATE: August 25, 2025
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Interim City Manager J1
SUBJECT: Oppose AB 1333 and AB 495; Support AB 426, AB 468, SB 571, SB 701 RECOMMENDATION:
That the City Council oppose AB 1333 and AB 495, and support AB 426, AB 468, SB 571, SB 701, and authorize the Mayor to issue a letter and take other actions that may be necessary to represent the City Council's position.
BACKGROUND/DISCUSSION:
In early 2025, lawmakers introduced AB 1333, AB 495, AB 426, AB 468, SB 571, and SB 701, each addressing different aspects of public safety. These bills are advancing through the Legislature, with final committee deadlines approaching on August 29th.
At the August 11, 2025, Regular City Council meeting, Mayor Thorp directed staff to research AB 1333 and AB 495 and return to Council with letters of opposition. With the final committee deadline quickly approaching, staff prepared letters of support for the additional public safety related bills for Council's review and consideration.
AB 1333 (Zbur): Changes to Self -Defense Laws
AB 1333 seeks to limit justifiable homicide to cases of imminent harm, removing long-standing protections for defending property, responding to riots, or stopping fleeing felons. It also imposes a duty to retreat when outside the home, while preserving the "castle doctrine" for defense inside one's residence.
Proponents cite concerns over vigilante violence and high -profile cases where self-defense claims shielded aggressors. Opponents, including the state sheriffs' association, warn the bill weakens residents' ability to protect themselves, increases court caseloads, and emboldens criminals. The bill stalled earlier this year but remains eligible for revival in 2026. 08/25/2025 City Council Agenda
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AB 495 (Rodriguez): Family Preparedness Plan Act of 2025 AB 495 allows immigrant parents to designate nonrelative caregivers through affidavits for school and medical decisions and restricts schools and daycares from requesting immigration status unless legally required.
Supporters argue it protects children from trauma during deportations or detentions. Opponents raise concerns about the lack of background checks on designated caregivers, the risk of coercion or forgery, and the potential for abuse in a state already struggling with high rates of trafficking.
AB 426 (Dixon): Drones Impeding Emergency Response
AB 426 authorizes civil penalties of up to $75,000 for drone operators who interfere with emergency responders, with exemptions for FAA -authorized users. This measure addresses growing safety risks posed by drones during wildfires, rescues, and other emergencies.
AB 468 (Gabriel): Looting and Impersonation During Disasters and SB 571 (Archuleta):
Expanded Emergency Crime Penalties
AB 468 and SB 571 are companion bills that expand penalties for crimes committed during and after disasters. Both measures were introduced in response to recent wildfires and other emergencies where criminals exploited vulnerable communities through looting, impersonation, and fraud. Together, the bills aim to close loopholes in existing law, strengthen deterrence, and give law enforcement clearer authority during recovery periods. Passage of one bill is tied to the passage of the other to ensure the Penal Code remains consistent.
AB 468 focuses on evacuation and recovery zones. It increases penalties for burglary and theft in areas under evacuation orders, warnings, or reconstruction —up to four years after a disaster. It also creates new penalties for impersonating emergency responders, either in person or online, to deceive residents during crises. This bill addresses crimes that occur in the immediate aftermath of an evacuation, where victims are often forced to leave property behind and cannot verify who is authorized to be in the area.
SB 571 complements AB 468 by broadening and standardizing the definition of disaster -related crimes. It extends looting penalties for up to 180 days after a declared emergency ends, eliminates certain judicial discretion for probation violations involving looting, and criminalizes impersonation of emergency personnel in both physical and digital spaces. It also strengthens burglary statutes by treating damaged structures as "inhabited" for purposes of prosecution, ensuring offenders cannot exploit technicalities to reduce their charges.
Together, AB 468 and SB 571 give prosecutors stronger tools to hold bad actors accountable before, during, and after disasters. By tying their passage, lawmakers ensure that criminal statutes remain uniform and avoid creating overlapping or conflicting standards. While some opponents warn of "overcriminalization," supporters argue these measures are critical to protect evacuated residents, deter predatory behavior, and safeguard communities struggling to recover from catastrophic events. 08/25/2025 City Council Agenda
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SB 701(Wahab): Criminalizing Signal Jammers
SB 701 establishes state -level penalties for the manufacture, sale, purchase, or use of signal jammers — devices that block wireless or radio communications. While these devices are already prohibited under federal law, enforcement is limited to the Federal Communications Commission, which rarely addresses local or small-scale incidents. This bill fills that gap by giving state and local agencies the authority to seize jammers and prosecute offenders.
Criminals increasingly use jammers to disable alarms, GPS tracking, and cell phone communications during burglaries, robberies, and vehicle thefts. These disruptions prevent victims from calling for help, compromise property protections, and put first responders at risk by interfering with radio traffic during emergencies. By creating state penalties, SB 701 deters the use of these devices and empowers local enforcement.
The bill scales penalties to match the severity of the offense. First-time violations result in infractions and fines, while repeat offenses rise to misdemeanors with possible jail time. Using a jammer during another crime triggers additional charges, and blocking emergency communications that cause injury or death can result in felony penalties. Exemptions remain for law enforcement and federally approved uses. SB 701 enhances public safety by closing a dangerous loophole and protecting critical communication systems.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. AB 1333 current bill language
2. AB 1333 draft opposition letter
3. AB 495 current bill language
4. AB 495 draft opposition letter
5. AB 426 current bill language
6. AB 426 draft support letter
7. AB 468 current bill language
8. SB 571 current bill language
9. AB 468 and SB 571 draft support letter
10. SB 701 current bill language
11. SB 701 draft support letter
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ATTACHMENT 1
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AMENDED IN ASSEMBLY MARCH 13, 2025
CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION
ASSEMBLY BILL No. 1333
Introduced by Assembly Member Zbur
February 21, 2025
An act to amend Section 197 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1333, as amended, Zbur. Crimes: homicide.
Existing law defines homicide as the unlawful killing of a human being, or a fetus, with or without malice aforethought, as specified.
Existing law establishes certain circumstances in which homicide is justifiable, as specified.
Existing law makes homicide justifiable when attempting to lawfully suppress a riot or to keep the peace, as specified.
This bill would eliminate that provision. The bill would also specify certain circumstances in which homicide is not justifiable, including when a person was outside their habitation or property and did not retreat when they could have safely done so, when a person used more force than a reasonable person would to defend against a danger, and when the person was the initial aggressor. However, the bill would spec fy that homicide is justifiable if the initial aggressor actually and in good faith tried to stop fighting and indicated they wanted to and 98 08/25/2025 City Council Agenda
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AB 1333 —2—
tried to stop fighting, as specified, or, in cases of mutual combat, the initial aggressor gave the opponent an opportunity to stop fighting.
By expanding the scope of the crime of homicide, this bill would create a state -mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 197 of the Penal Code is amended to 2 read:
3 197. (a) Homicide is also justifiable when committed by any 4 person ink any of the following cases:
5 (1) When resisting any attempt to murder any -person -or person, 6 to commit a felony, or to do some great bodily injury upon any 7 person.
8 (2) When committed in defense of -a habitation, property, or a 9 person, against one who manifestly intends or cndeavers endeavors, 10 by violence or surprise, to commit a felony, or against one who 11 manifestly intends and endeavors, in a violent, riotous, or 12 tumultuous manner, to enter the habitation of another for the 13 purpose of offering violence to any person therein.
14 (3) When committed in the lawful defense of such person, or 15 of a spouse, parent, child, master, mistress, or servant of such 16 person, when there is reasonable ground to apprehend a design to 17 commit a felony or to do some great bodily injury, and imminent 18 danger of such design being accomplished.
19 (b) Homicide is not justifiable when committed by a person in 20 all of the following cases:
21 (1) When the person was outside of their ---z habitation 22 or property and knew that using force likely to cause death or great 23 bodily injury could have been avoided with complete safety by 24 retreating.
25 (2) When the person used more fort
26 to defend against an imminent
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-3 — AB 1333
1 danger of being killed or suffering great bodily injury than a 2 reasonable person would believe is necessary in the same situation. 3 (3) ,
4 ,
5 6 When
7 the person was the initial aggressor, except if either of the 8 following apply:
9 (A)
10 ,
11 12 The initial aggressor
13 actually and in good faith tried to stop fighting and indicated to 14 the opponent, by word or by conduct and in a way that a 15 reasonable person would understand, that the initial aggressor 16 wanted to stop fighting and had stopped fighting.
17 (B) ,
18 19
20 ,
21 __.:_.._a ______. c thc..___ff __. In cases of mutual combat, 22 the initial aggressor gave the opponent an opportunity to stop 23 fighting.
24 (c) Nothing in this section shall alter the presumption set forth 25 in Section 198.5 in favor of one who uses deadly force against an 26 intruder within their residence.
27 SEC. 2. No reimbursement is required by this act pursuant to 28 Section 6 of Article XIII B of the California Constitution because 29 the only costs that may be incurred by a local agency or school 30 district will be incurred because this act creates a new crime or 31 infraction, eliminates a crime or infraction, or changes the penalty 32 for a crime or infraction, within the meaning of Section 17556 of 33 the Government Code, or changes the definition of a crime within 34 the meaning of Section 6 of Article XIII B of the California 35 Constitution.
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ATTACHMENT 2
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August 26, 2025
The Honorable Rick Chavez Zbur
California State Assembly
1021 0 St, Suite 6140
Sacramento, CA 95814
RE: Oppose AB 1333 (Zbur) Changes to Self -Defense Laws Dear Assemblymember Zbur,
On behalf of the City of Yucaipa, I am writing to oppose AB 1333, which would significantly narrow the circumstances under which homicide is considered justifiable under California law.
While we respect the intent to reduce unnecessary loss of life, we believe the bill as drafted will have serious unintended consequences that endanger public safety and undermine both residents' and peace officers' ability to defend themselves and others in life -threatening situations.
AB 1333 removes long-standing statutory justifications for the use of deadly force, including the defense of habitation and the lawful suppression of riots. These provisions have served as important legal protections, especially for peace officers responding to volatile incidents such as violent riots or armed home invasions. Eliminating them strips away clear legal standards, replacing them with language that could cause hesitation in high -stress situations where every second counts.
The bill's introduction of a formal "duty to retreat" standard outside the home also creates significant practical concerns. In rapidly evolving incidents, requiring individuals to determine whether retreat is "safely possible" before acting could cost lives, particularly for victims of violent crime. This bill also introduces ambiguities that will impair investigations and complicate trials, increasing costs at the expense of safety.
For these reasons, the City of Yucaipa opposes AB 1333 and any future iterations of it.
Sincerely,
Jon Thorp
Mayor
cc. Senator Rosalice Ochoa Bogh
Assemblyman Greg Wallis
Laura Varela, Cal Cities, Regional Public Affairs Manager League of California Cities, [email protected]
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34272 Yucaipa Blvd, Yucaipa, CA 92399
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ATTACHMENT 3
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AMENDED IN ASSEMBLY APRIL 23, 2025
AMENDED IN ASSEMBLY APRIL 21, 2025
AMENDED IN ASSEMBLY MARCH 24, 2025
CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION
ASSEMBLY BILL No. 495
Introduced by Assembly Member Celeste Rodriguez
(Coauthors: Assembly Members Connolly, Harabedian, Kalra,Lee, Stefani, and Zbur)
February 10, 2025
An act to amend Section 234.7 of the Education Code, to amend Sections 6550 and 6552 of the Family Code, to add Section 1596.7997 to the Health and Safety Code, and to amend Sections 1502 and 2105 of the Probate Code, relating to immigration.
LEGISLATIVE COUNSEL'S DIGEST
AB 495, as amended, Celeste Rodriguez. Family Preparedness Plan Act of 2025.
(1) Under existing law, a caregiver who is 18 years of age or older and signs a caregiver's authorization affidavit under penalty of perjury for a minor who lives in their home is authorized to enroll the minor in school and consent to school -related medical care on behalf of the minor. Under existing law, a caregiver who is 18 years of age or older, signs the caregiver's authorization affidavit under penalty of perjury, and who is a certain type of relative of the minor who lives in their home, has the same rights to authorize medical care and dental care for the minor that are given to guardians, as specified. Under existing law, a person who acts in good faith reliance on a completed caregiver's authorization affidavit to provide medical or dental care, without actual Corrected 4-28-25, Revised 4-30-25—See last page. 96
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knowledge of facts contrary to those stated on the affidavit, is not subject to criminal or civil liability or professional disciplinary action for that reliance, but is not relieved from liability for violations of other provisions of law.
This bill, the Family Preparedness Plan Act of 2025, would expand the type of person who is authorized to execute a caregiver's authorization affidavit to include a "nonrelative extended family member," as defined, and grant them the same rights to authorize school -related medical care, as defined, for the minor that are given to guardians, as specified. By expanding who is authorized to sign a caregiver's authorization affidavit for these purposes under penalty of perjury, this bill would expand the crime of perjury, thereby imposing a state -mandated local program.
This bill would amend the statutory form for a caregiver's authorization affidavit.
(2) Existing law generally provides for the establishment and administration of guardianships. Existing law authorizes a court to appoint joint guardians of a person, an estate, or a person and an estate.
Existing law requires a nomination of a guardian to become effective when made, and remain effective, unless stated otherwise in writing, as specified.
This bill would authorize a court, in its discretion, to appoint a custodial parent and a person nominated by the custodial parent as joint guardians of the person of the minor, if the custodial parent will be temporarily unavailable due to specified circumstances, including, among other things, an immigration -related administrative action, as specified. The bill would make all records, petitions, orders, and documents related to these proceedings confidential, as specified.
The bill would provide that absence is a basis for a delayed effectiveness of a guardianship and that such circumstances would not be a basis for subsequent legal incapacity for the nomination. (3) Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency, as defined, from collecting information or documents regarding citizenship or immigration status of pupils or their family members.
Existing law requires the governing board or body of a local educational agency to perform specified actions relating to pupils and immigration status, including, among others, providing information to parents and guardians, as appropriate, regarding their child's right to a free public 96 08/25/2025 City Council Agenda
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education, regardless of immigration status or religious beliefs. Existing law requires the Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, as specified.
Existing law requires all local educational agencies to adopt the model policies developed by the Attorney General, or equivalent policies, by July 1, 2018.
This bill would revise the information disclosure requirements to require the governing board or body of a local educational agency to provide information related to specified guidance on immigration enforcement issued by the Attorney General and would require that information to be revised as necessary to be consistent with any revisions or updates to the Attorney General's guidance. This bill would also require local educational agencies to revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, as specified. By imposing additional duties on local educational agencies, the bill would impose a state -mandated local program.
(4) Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities, including day care centers and day care homes, by the State Department of Social Services. Under existing law, willful violation of these provisions is punishable as a misdemeanor.
Similar to the provisions related to local educational agencies described above, this bill would prohibit licensed child day care facilities, as defined, and employees of licensed child day care facilities from collecting information or documents regarding citizenship or immigration status of children or their family members, except as required by state or federal law or as required to administer a state or federally supported educational program. The bill would require the owner, operator, or administrator of a licensed child day care facility, as applicable, to report to the department and the Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. The bill would require a licensed child day care facility to first exhaust any parental instruction relating to the child s care found in the child's emergency contact information if an employee of a licensed child day care facility is aware 96 08/25/2025 City Council Agenda
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that a child's parent or guardian is not available to care for the child The bill would encourage facilities to work with parents or guardians to update their emergency contact information. The bill would require the Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement at child day care facilities similar to the model policies developed for local educational agencies described above. The bill would require all licensed child day care facilities to adopt the model policies developed by the Attorney General, or equivalent policies, as soon as possible, but in no event later than July 1, 2026. The bill would require licensed day care facilities to update these policies to conform with any revisions or updates to the model policies developed by the Attorney General. Upon enrolling or reenrolling any child, the bill would require a licensed child day care facility to provide the parent or guardian with written information relating to the model policies developed by the Attorney General described above, including, but not limited to, information related to family safety plans and the importance of completing and maintaining emergency contact information. The bill would require the provided information to be updated to include any revisions or updates to the model policies issued by the Attorney General. Because a violation of these provisions by a licensed day care facility would constitute a crime, this bill would impose a state -mandated local program. (5) Existing constitutional provisions require a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies to be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. This act shall be known, and may be cited, as the 2 Family Preparedness Plan Act of 2025.
3 SEC. 2. The Legislature finds and declares all of the following:
4 (a) Several federal immigration policies in recent years have 5 contributed to increases in the number of unaccompanied children. 6 Separation of a child from their parent or primary caregiver has 7 known developmental, psychological, and physical impacts. 8 Younger children are especially vulnerable. During these early 9 years, children are developing emotionally and physically, and 10 forming attachments that help with emotional regulation, sense of 11 identity, and psychological safety. Separating parents and 12 caregivers who are key attachment figures during this vulnerable 13 period can have lifelong impacts on children's emotional and 14 physical wellbeing.
15 (b) Stable caregiving arrangements are essential for the health, 16 safety, and emotional well-being of children, particularly in times 17 of crisis. The state recognizes the unique challenges faced by 18 immigrant families due to the federal administration's enhanced 19 deportation actions, which risk widespread family separations and 20 disrupt caregiving stability for children under 18 years of age. 21 (c) Despite existing tools, such as caregiver authorization 22 affidavits and guardianship nominations, families and caregivers 23 face significant uncertainty due to the lack of clarity, consistency, 24 and enforceability of these mechanisms, resulting in schools and 25 service providers refusing to accept them. Temporary and general 26 guardianship options, while available, fail to adequately safeguard 27 the rights of parents —particularly immigrant parents —to remain 28 involved in their child's upbringing during periods of immigration 29 detention or deportation. These gaps in the legal framework 30 exacerbate the emotional trauma experienced by children, disrupt 31 access to education and health care, and hinder the ability of 32 families to respond effectively to crises.
33 (d) To address these challenges, the Legislature seeks to ensure 34 that children facing the risk of family separation due to a parent's 35 immigration status have stable and legally recognized caregiving 96 08/25/2025 City Council Agenda
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1 arrangements that protect their emotional and physical well-being. 2 The intent of the Legislature is to provide clear and streamlined 3 processes for short-term guardianships that address urgent needs, 4 such as medical care and educational decisionmaking, while 5 upholding the rights of parents. It is also the intent of the 6 Legislature to refine the scope of guardianship nominations by 7 delineating the rights and responsibilities of nominated guardians. 8 Finally, it is the intent of the Legislature to clarify the powers 9 granted under caregiver authorization affidavits to ensure consistent 10 recognition by schools, health care providers, and other agencies 11 to demonstrate continued support for children who reside with a 12 relative or nonrelative extended family member caregiver. 13 (e) By establishing a more coherent legal structure, it is the 14 intent of the Legislature to reduce uncertainty and administrative 15 barriers, enabling families to act swiftly and effectively in times 16 of crisis. Supporting the stability of caregiving arrangements will 17 mitigate the negative impacts on children's mental health, 18 educational outcomes, and overall well-being. These efforts reflect 19 California's commitment to protecting vulnerable families and 20 upholding the fundamental rights of children and parents. 21 SEC. 3. Section 234.7 of the Education Code is amended to 22 read:
23 234.7. (a) Except as required by state or federal law or as 24 required to administer a state or federally supported educational 25 program, school officials and employees of a local educational 26 agency shall not collect information or documents regarding 27 citizenship or immigration status of pupils or their family members. 28 (b) The superintendent of a school district, the superintendent 29 of a county office of education, and the principal of a charter 30 school, as applicable, shall report to the respective governing board 31 or body of the local educational agency in a timely manner any 32 requests for information or access to a schoolsite by an officer or 33 employee of a law enforcement agency for the purpose of enforcing 34 the immigration laws in a manner that ensures the confidentiality 35 and privacy of any potentially identifying information. 36 (c) If an employee of a school is aware that a pupil's parent or 37 guardian is not available to care for the pupil, the school shall first 38 exhaust any parental instruction relating to the pupil's care in the 39 emergency contact information it has for the pupil to arrange for 40 the pupil's care. A school is encouraged to work with parents or 96 08/25/2025 City Council Agenda
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1 guardians to update their emergency contact information and not 2 to contact Child Protective Services to arrange for the pupil's care 3 unless the school is unable to arrange for care through the use of 4 emergency contact information or other information or instructions 5 provided by the parent or guardian.
6 (d) The governing board or body of a local educational agency 7 shall do all of the following:
8 (1) Provide information to parents and guardians, as appropriate, 9 regarding their child's right to a free public education, regardless 10 of immigration status or religious beliefs. This information shall 11 include information relating to "Promoting a Safe and Secure 12 Learning Environment for All: Guidance and Model Policies to 13 Assist California's K-12 Schools in Responding to Immigration 14 Issues" issued by the Attorney General on January 6, 2025, 15 including, but not limited to, information related to plans for family 16 safety and the importance of providing the school with, and 17 regularly updating, emergency contact information, including 18 secondary and additional contact information. The provided 19 information shall be revised as necessary to be consistent with any 20 revisions or updates to the guidance issued by the Attorney 21 General. The information may be provided in the annual 22 notification to parents and guardians pursuant to Section 48980 or 23 any other cost-effective means determined by the local educational 24 agency.
25 (2) Educate pupils about the negative impact of bullying other 26 pupils based on their actual or perceived immigration status or 27 their religious beliefs and customs.
28 (e) This section does not prohibit the governing board or body 29 of a local educational agency from establishing stronger standards 30 and protections.
31 (f) (1) The Attorney General, by April 1, 2018, in consultation 32 with the appropriate stakeholders, shall publish model policies 33 limiting assistance with immigration enforcement at public schools, 34 to the fullest extent possible consistent with federal and state law, 35 and ensuring that public schools remain safe and accessible to all 36 California residents, regardless of immigration status. The Attorney 37 General shall, at a minimum, consider all of the following issues 38 when developing the model policies:
39 (A) Procedures related to requests for access to school grounds 40 for purposes related to immigration enforcement.
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1 (B) Procedures for local educational agency employees to notify 2 the superintendent of the school district or the superintendent's 3 designee, the superintendent of the county office of education or 4 the superintendent's designee, or the principal of the charter school 5 or the principal's designee, as applicable, if an individual requests 6 or gains access to school grounds for purposes related to 7 immigration enforcement.
8 (C) Procedures for responding to requests for personal 9 information about pupils or their family members for purposes of 10 immigration enforcement.
11 (2) Notwithstanding the rulemaking provisions of the 12 Administrative Procedure Act (Chapter 3.5 (commencing with 13 Section 11340) of Part 1 of Division 3 of Title 2 of the Government 14 Code), the Department of Justice may implement, interpret, or 15 make specific this section without taking any regulatory action. 16 (g) All local educational agencies shall adopt the model policies 17 developed pursuant to subdivision (f), or equivalent policies, by 18 July 1, 2018, and revise their model policies as necessary to be 19 consistent with any revisions or updates to the model policies 20 developed by the Attorney General, including "Promoting a Safe 21 and Secure Learning Environment for All: Guidance and Model 22 Policies to Assist California's K-12 Schools in Responding to 23 Immigration Issues" issued by the Attorney General on January 24 6, 2025, including, but not limited to, information related to plans 25 for family safety and the importance of providing the school with, 26 and regularly updating, emergency contact information, including 27 secondary and additional contact information.
28 (h) For purposes of this section, "local educational agency" 29 means a school district, county office of education, or charter 30 school.
31 SEC. 4. Section 6550 of the Family Code is amended to read:
32 6550. (a) A caregiver's authorization affidavit that meets the 33 requirements of this part authorizes a caregiver 18 years of age or 34 older who completes items 1 to 4, inclusive, of the affidavit 35 provided in Section 6552 and signs the affidavit to enroll a minor 36 in school and consent to school -related medical care on behalf of 37 the minor. A caregiver who is a relative or a nonrelative extended 38 family member and who completes items 1 to 8, inclusive, of the 39 affidavit provided in Section 6552 and signs the affidavit shall 40 have the same rights to authorize medical care and dental care for 96 08/25/2025 City Council Agenda
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1 the minor that are given to guardians under Section 2353 of the 2 Probate Code. The medical care authorized by this caregiver who 3 is a relative or a nonrelative extended family member may include 4 mental health treatment subject to the limitations of Section 2356 5 of the Probate Code.
6 (b) The decision of a caregiver to consent to or to refuse medical 7 or dental care for a minor shall be superseded by any contravening 8 decision of the parent or other person having legal custody of the 9 minor, provided the decision of the parent or other person having 10 legal custody of the minor does not jeopardize the life, health, or 11 safety of the minor.
12 (c) A person who acts in good faith reliance on a caregiver's 13 authorization affidavit to provide medical or dental care, without 14 actual knowledge of facts contrary to those stated on the affidavit, 15 is not subject to criminal liability or to civil liability to any person, 16 and is not subject to professional disciplinary action, for that 17 reliance if the applicable portions of the affidavit are completed. 18 This subdivision applies even if medical or dental care is provided 19 to a minor in contravention of the wishes of the parent or other 20 person having legal custody of the minor as long as the person 21 providing the medical or dental care has no actual knowledge of 22 the wishes of the parent or other person having legal custody of 23 the minor.
24 (d) A person who relies on the affidavit has no obligation to 25 make any further inquiry or investigation.
26 (e) Nothing in this section relieves any individual from liability 27 for violations of other provisions of law.
28 (f) If the minor stops living with the caregiver, the caregiver 29 shall notify any school, health care provider, or health care service 30 plan that has been given the affidavit. The affidavit is invalid after 31 the school, health care provider, or health care service plan receives 32 notice that the minor is no longer living with the caregiver. 33 (g) A caregiver's authorization affidavit shall be invalid, unless 34 it substantially contains, in not less than 10-point boldface type or 35 a reasonable equivalent thereof, the warning statements specified 36 in Section 6552. The warning statements shall be enclosed in a 37 box with 3-point type rule lines.
38 (h) For purposes of this part, the following terms have the 39 following meanings:
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1 (1) "Person" includes an individual, corporation, partnership, 2 association, the state, or any city, county, city and county, or other 3 public entity or governmental subdivision or agency, or any other 4 legal entity.
5 (2) "Nonrelative extended family member" means any adult 6 caregiver who has an established familial or mentoring relationship 7 with the child or who has an established familial relationship with 8 a relative of the child.
9 (3) "Relative" means an adult who is related to the child by 10 blood, adoption, or affinity within the fifth degree of kinship, 11 including all stepparents, stepsiblings, and all relatives whose 12 status is preceded by the words "great," "great -great," or "grand," 13 or the spouse of any of the persons specified in this definition, 14 even after the marriage has been terminated by death or dissolution. 15 (4) "School -related medical care" means medical care, including 16 immunizations, physical examinations, and medical examinations 17 conducted in schools for pupils, that is required by state or local 18 governmental authority as a condition for school enrollment or 19 participation in local educational agency -related extracurricular 20 activities.
21 SEC. 5. Section 6552 of the Family Code is amended to read:
22 6552. The caregiver's authorization affidavit shall be in 23 substantially the following form:
24 25 Caregiver's Authorization Affidavit
26 27 Use of this affidavit is authorized by Part 1.5 (commencing with 28 Section 6550) of Division 11 of the California Family Code. 29 30 Instructions: Completion of items 1-4 and the signing of the affidavit is 31 sufficient to authorize enrollment of a minor in school and authorize 32 school -related medical care. Completion of items 5-8 is additionally 33 required to authorize any other medical care. Print clearly. 34 35 The minor named below lives in my home and I am 18 years of age or 36 older.
37 38 1. Name of minor:
39 40 2. Minor's birth date:
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3. My name (adult giving authorization):
4. My home address:
5. I am a relative or nonrelative extended family member of the child (see back of this form for a definition of "relative" and "nonrelative extended family member").
6. Check one or both (for example, if one parent was advised and the other cannot be located):
❑ I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.
❑ I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.
7. My date of birth:
8. My California driver's license or identification card or government -issued consular card
number:
Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.
Warning to Local Educational Agencies and Health Care Service Providers:
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3 I declare under penalty of perjury under the laws of the State 4 of Califomia that the foregoing is true and correct.
5 Dated: Signed:
6 7
8 Notices:
9 10 1. This declaration does not affect the rights of the minor's parents 11 or legal guardian regarding the care, custody, and control of the 12 minor, and does not mean that the caregiver has legal custody of 13 the minor.
14 15 2. A person who relies on this affidavit has no obligation to make 16 any further inquiry or investigation.
17 18 Additional Information:
19 20 TO CAREGIVERS:
21 22 1. "Relative," for purposes of item 5, means an adult who is 23 related to the child by blood, adoption, or affinity within the fifth 24 degree of kinship, including stepparents, stepsiblings, and all 25 relatives whose status is preceded by the words "great," 26 "great -great," or "grand," or the spouse of any of these persons 27 even if the marriage was terminated by death or dissolution. 28 29 2. "Nonrelative extended family member" for the purposes of 30 item 5, means an adult caregiver who has an established familial 31 relationship with a relative of the child, or a familial or mentoring 32 relationship with the child. Nonrelative extended family members 33 may include, but are not limited to, teachers, medical professionals, 34 clergy, neighbors, and family friends.
35 36 3. The law may require you, if you are not a relative, nonrelative 37 extended family member, or a currently licensed, certified, or 38 approved foster parent, to obtain resource family approval pursuant 39 to Section 1517 of the Health and Safety Code or Section 16519.5 —12-
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1 of the Welfare and Institutions Code in order to care for a minor. 2 If you have any questions, please contact your local department 3 of social services.
4 5 4. If the minor stops living with you, the affidavit is no longer 6 valid. You are required to notify any school, health care provider, 7 or health care service plan to which you have given this affidavit 8 that the minor is no longer living with you and that, as a result, the 9 affidavit is no longer valid.
10 11 5. If you do not have the information requested in item 8 12 (California driver's license or I.D., or government -issued consular 13 card), provide another form of identification such as your social 14 security number or Medi-Cal number.
15 16 TO SCHOOL OFFICIALS:
17 18 1. Section 48204 of the Education Code provides that this affidavit 19 constitutes a sufficient basis for a determination of residency of 20 the minor, without the requirement of a guardianship or other 21 custody order, unless the school district determines from actual 22 facts that the minor is not living with the caregiver. 23 24 2. The school district may require additional reasonable evidence 25 that the caregiver lives at the address provided in item 4. 26 27 3. A parent's signature or seal or signature of the court is not 28 required.
29 30 TO HEALTH CARE PROVIDERS AND HEALTH CARE
31 SERVICE PLANS:
32 33 1. When signed by a relative or nonrelative extended family 34 member, this affidavit shall confer the same rights to authorize 35 medical care and dental care for the minor that are given to 36 guardians under Section 2353 of the Probate Code. The medical 37 care authorized for a relative or nonrelative extended family 38 member caregiver may include mental health treatment subject to 39 the limitations of Section 2356 of the Probate Code. 96 08/25/2025 City Council Agenda
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1 2. A health care service provider who acts in good faith reliance 2 upon a caregiver's authorization affidavit to provide medical or 3 dental care, without actual knowledge of facts contrary to those 4 stated on the affidavit, is not subject to criminal liability or to civil 5 liability to any person, and is not subject to professional 6 disciplinary action, for that reliance if the applicable portions of 7 the form are completed. A parent's signature or seal or signature 8 of the court is not required.
9 10 3. This affidavit does not confer dependency for health care 11 coverage purposes.
12 SEC. 6. Section 1596.7997 is added to the Health and Safety 13 Code, to read:
14 1596.7997. (a) Except as required by state or federal law or 15 as required to administer a state or federally supported educational 16 program, licensed child day care facilities and employees of 17 licensed child day care facilities shall not collect information or 18 documents regarding citizenship or immigration status of pupils 19 or their family members.
20 (b) The owner, operator, or administrator of a licensed child 21 day care facility, as applicable, shall report to the department and 22 Attorney General any requests for information or access to the 23 facility by an officer or employee of a law enforcement agency for 24 the purpose of enforcing the immigration laws in a manner that 25 ensures the confidentiality and privacy of any potentially 26 identing information.
27 (c) If an employee of a licensed child day care facility is aware 28 that a child's parent or guardian is not available to care for the 29 child, the facility shall first exhaust any parental instruction 30 relating to the child's care found in the child's emergency contact 31 information. A facility is encouraged to work with parents or 32 guardians to update their emergency contact information. 33 (d) Nothing in this section prohibits a licensed child day care 34 facility from establishing stronger standards and protections. 35 (e) (1) The Attorney General, by April 1, 2026, in consultation 36 with the appropriate stakeholders, shall publish model policies 37 limiting assistance with immigration enforcement at licensed child 38 day care facilities, to the fullest extent possible consistent with 39 federal and state law, and ensuring that day care facilities remain 40 safe and accessible to all California residents, regardless of 96 08/25/2025 City Council Agenda
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1 immigration status. The Attorney General shall, at a minimum, 2 consider all of the following issues when developing the model 3 policies:
4 (A) Procedures related to requests for access to facility grounds 5 for purposes related to immigration enforcement.
6 (B) Procedures for day care facility employees to notify the 7 owner, operator, or administrator of the facility, as applicable, if 8 an individual requests or gains access to facility grounds for 9 purposes related to immigration enforcement.
10 (C) Procedures for responding to requests for personal 11 information about children or their family members for purposes 12 of immigration enforcement.
13 (2) Notwithstanding the rulemaking provisions of the 14 Administrative Procedure Act (Chapter 3.5 (commencing with 15 Section 11340) of Part 1 ofDivision 3 of Title 2 of the Government 16 Code), the Department of Justice may implement, interpret, or 17 make specific this section without taking any regulatory action. 18 (1) All licensed child day care facilities shall adopt the model 19 policies developed pursuant to subdivision (e), or equivalent 20 policies, as soon as possible, but in no event later than July 1, 21 2026. Licensed day care facilities shall update these policies to 22 conform with any revisions or updates to the model policies 23 developed by the Attorney General.
24 (g) A licensed day care facility, upon enrolling or reenrolling 25 any child, shall provide the parent or guardian with written 26 information relating to the model policies developed pursuant to 27 subdivision (e), including, but not limited to, information related 28 to family safety plans and the importance of completing and 29 maintaining emergency contact information. The provided 30 information shall be revised as necessary to be consistent with any 31 revisions or updates to the guidance issued by the Attorney 32 General.
33 (h) For purposes of this section, "licensed child day care 34 facility" means a child day care facility, as defined in Section 35 1596.750, that is licensed pursuant to this chapter. 36 SEC. 6.
37 SEC. 7. Section 1502 of the Probate Code is amended to read:
38 1502. (a) A nomination of a guardian under this article may 39 be made in the petition for the appointment of the guardian or at 40 the hearing on the petition or in a writing signed either before or 96 08/25/2025 City Council Agenda
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1 after the petition for the appointment of the guardian is filed. The 2 court shall give due weight to the nomination pursuant to Section 3 3043 of the Family Code.
4 (b) The nomination of a guardian under this article is effective 5 when made except that a writing nominating a guardian under this 6 article may provide that the nomination becomes effective only 7 upon the occurrence of such specified condition or conditions as 8 are stated in the writing, including, but not limited to, conditions 9 as to the subsequent absence, legal incapacity, or death of the 10 person making the nomination.
11 (c) Unless the writing making the nomination expressly 12 otherwise provides, a nomination made under this article remains 13 effective notwithstanding the subsequent absence, legal incapacity, 14 or death of the person making the nomination.
15 SEC. 7.
16 SEC. 8. Section 2105 of the Probate Code is amended to read:
17 2105. (a) The court, in its discretion, may appoint for a ward 18 or conservatee:
19 (1) Two or more joint guardians or conservators of the person. 20 (2) Two or more joint guardians or conservators of the estate. 21 (3) Two or more joint guardians or conservators of the person 22 and estate.
23 (b) When joint guardians or conservators are appointed, each 24 shall qualify in the same manner as a sole guardian or conservator. 25 (c) Subject to subdivisions (d) and (e):
26 (1) Where there are two guardians or conservators, both must 27 concur to exercise a power.
28 (2) Where there are more than two guardians or conservators, 29 a majority must concur to exercise a power.
30 (d) If one of the joint guardians or conservators dies or is 31 removed or resigns, the powers and duties continue in the 32 remaining joint guardians or conservators until further appointment 33 is made by the court.
34 (e) Where joint guardians or conservators have been appointed 35 and one or more are (1) absent from the state and unable to act, 36 (2) otherwise unable to act, or (3) legally disqualified from serving, 37 the court may, by order made with or without notice, authorize the 38 remaining joint guardians or conservators to act as to all matters 39 embraced within its order.
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1 (f) If a custodial parent has been diagnosed as having a terminal 2 condition, as evidenced by a declaration executed by a licensed 3 physician, the court, in its discretion, may appoint the custodial 4 parent and a person nominated by the custodial parent as joint 5 guardians of the person of the minor. However, this appointment 6 shall not be made over the objection of a noncustodial parent 7 without a finding that the noncustodial parent's custody would be 8 detrimental to the minor, as provided in Section 3041 of the Family 9 Code. It is the intent of the Legislature in enacting the amendments 10 to this subdivision adopted during the 1995-96 Regular Session 11 for a parent with a terminal condition to be able to make 12 arrangements for the joint care, custody, and control of their minor 13 children so as to minimize the emotional stress of, and disruption 14 for, the minor children whenever the parent is incapacitated or 15 upon the parent's death, and to avoid the need to provide a 16 temporary guardian or place the minor children in foster care, 17 pending appointment of a guardian, as might otherwise be required. 18 "Terminal condition," for purposes of this subdivision, means 19 an incurable and irreversible condition that, without the 20 administration of life -sustaining treatment, will, within reasonable 21 medical judgment, result in death.
22 (g) (1) If a custodial parent will be temporarily unavailable due 23 to specified circumstances, including, but not limited to, a serious 24 medical condition or disability, military service, incarceration, or 25 an immigration -related administrative action, the court, in its 26 discretion, may appoint the custodial parent and a person nominated 27 by the custodial parent as joint guardians of the person of the 28 minor. A nomination made pursuant to this subdivision shall not 29 be made over the objection of a noncustodial parent without a 30 finding that the noncustodial parent's custody would be detrimental 31 to the minor, as provided in Section 3041 of the Family Code. 32 Upon the occurrence of an activating event set forth in an order 33 appointing a joint guardian, the guardian shall be immediately 34 empowered to assume guardianship duties in the parent's absence. 35 Commencement of the duties of the guardian shall confer upon 36 the appointed guardian shared authority with the parent, custodian, 37 or guardian of the minor child or minor ward, unless the petition 38 states otherwise.
39 (2) A parent, custodian, or guardian may revoke a joint 40 guardianship issued pursuant to this subdivision by filing a request 96 08/25/2025 City Council Agenda
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1 to terminate the guardianship with the court pursuant to Section 2 1601. Upon a showing that the activating event no longer affects 3 the parent's availability to provide care for their child, there shall 4 be a presumption that termination is in the child's best interest. 5 (3) All court records, petitions, orders, and documents related 6 to the appointment of a joint guardian pursuant to this subdivision 7 shall be confidential, and shall be made available only to the 8 persons who have been served in the proceeding and their attorneys, 9 if applicable. The clerk of the court shall make provisions to limit 10 access to these documents and any other personally identifiable 11 information of the minor, custodial parent, the appointed guardian, 12 or family members who are a party to or identified in the 13 proceeding.
14 (4) Consistent with Section 7284.6 of the Government Code, 15 information contained in these records shall not be disclosed to 16 federal immigration authorities or any entity engaged in 17 immigration enforcement without a court order based on a showing 18 of compelling necessity unrelated to immigration enforcement. 19 SEC. 8.
20 SEC. 9. The Legislature finds and declares that Section 7 of 21 this act, which amends Section 2105 of the Probate Code, imposes 22 a limitation on the public's right of access to the meetings of public 23 bodies or the writings of public officials and agencies within the 24 meaning of Section 3 of Article I of the California Constitution. 25 Pursuant to that constitutional provision, the Legislature makes 26 the following findings to demonstrate the interest protected by this 27 limitation and the need for protecting that interest:
28 In order to protect the privacy interests of immigrants, it is 29 essential to maintain the confidentiality of the records and 30 information described in Section 7 of this act.
31 SEC. 9.
32 SEC. 10. No reimbursement is required by this act pursuant to 33 Section 6 of Article XIIIB of the California Constitution for certain 34 costs that may be incurred by a local agency or school district 35 because, in that regard, this act creates a new crime or infraction, 36 eliminates a crime or infraction, or changes the penalty for a crime 37 or infraction, within the meaning of Section 17556 of the 38 Government Code, or changes the definition of a crime within the 39 meaning of Section 6 of Article XIII B of the California 40 Constitution.
96 08/25/2025 City Council Agenda
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-19 — AB 495
1 However, if the Commission on State Mandates determines that 2 this act contains other costs mandated by the state, reimbursement 3 to local agencies and school districts for those costs shall be made 4 pursuant to Part 7 (commencing with Section 17500) of Division 5 4 of Title 2 of the Government Code.
6 7
8 CORRECTIONS:
9 Heading —Line 2.
10 REVISIONS:
11 Heading —Line 2.
12 0
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ATTACHMENT 4
08/25/2025 City Council Agenda
141
August 26, 2025
The Honorable Celeste Rodriguez
California State Assembly
1021 0 St, Suite 4320
Sacramento, CA 95814
RE: Oppose AB 495 (Rodriguez) Family Preparedness Plan Act of 2025 Dear Assemblymember Rodriguez,
On behalf of the City of Yucaipa, I write to oppose AB 495. While we recognize and share the goal of protecting children from unnecessary trauma when a parent is temporarily unavailable, we have significant concerns with the breadth and unintended consequences of this bill.
AB 495 expands the Caregiver's Authorization Affidavit to include "nonrelative extended family members," broadly defined to include individuals with a "mentoring" or "familial" relationship to a child or the child's relative. This change would grant such individuals authority to enroll a child in school and consent to medical, dental, and mental health services without notarization, background checks, or parental co -signature. This raises serious safety concerns, as it could permit unvetted individuals to gain legal authority over a child.
The bill also creates an automatic joint guardianship mechanism that activates upon certain events, including immigration -related administrative actions and incarceration. While intended to ensure continuity of care, the automatic nature of this provision, combined with strict confidentiality rules, could undermine parental oversight and hinder child welfare investigations.
Additionally, AB 495 would impose new state mandates on licensed child care facilities and schools, requiring adoption of Attorney General -developed immigration -enforcement policies, new reporting requirements, and expanded parent notifications. These obligations would increase administrative and fiscal burdens on local agencies and expose them to additional liability.
The City of Yucaipa supports measures that protect children and preserve family stability. However, we believe AB 495 addresses a narrow concern with overly broad statutory changes that introduce new risks to child welfare and erode parental rights.
Sincerely,
Jon Thorp
Mayor
08/25/2025 City Council Agenda
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
142
cc. Senator Rosalice Ochoa Bogh
Assemblyman Greg Wallis
Laura Varela, Cal Cities, Regional Public Affairs Manager League of California Cities, [email protected]
08/25/2025 City Council Agenda
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
143
ATTACHMENT 5
08/25/2025 City Council Agenda
144
AMENDED IN ASSEMBLY APRIL 2, 2025
CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION
ASSEMBLY BILL No. 426
Introduced by Assembly Member Dixon
February 5, 2025
An act to add Section 53069.65 to the Government Codc, 1708.83 to the Civil Code, relating to_loe civil law.
LEGISLATIVE COUNSEL'S DIGEST
AB 426, as amended, Dixon. Local agencies: civil penalty for Wig' -Impeding emergency response with drone.
Existing law makes it a crime for a person to
operate or use an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency for the purpose of viewing the scene or emergency or military personnel, and thereby -impedes impede the emergency or military personnel, in the performance of their duties in coping with the emergency. Existing law excuses a local public entity or public employee from liability for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the local public entity or public employee of a local public entity was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any emergency service, as specified. Existing law imposes liability for physical invasion ofprivacy on a person if the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any image or recording of the other person engaging in a private activity and the invasion occurs in a manner that is offensive to a reasonable person. 98 08/25/2025 City Council Agenda
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AB 426 —2--
This bill would
prohibit a person from
operating or using an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby-impefles impeding firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties, unless the person has a federal operational waiver, as specified. The bill would authorize the Attorney General or a county counsel or city attorney to bring civil action to enforce the prohibition and authorize a prevailing plaintiff to recover civil penalties, injunctive relief or reasonable attorney's fees and costs, as specified.
Vote: majority. Appropriation: no. Fiscal committee: eyes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 53069.65 is addcd to the Government 2 Codc, to rcad:
3 53069.65.
4 SECTION 1. Section 1708.83 is added to the Civil Code, to 5 read:
6 1708.83. (a) ,
7 ,
8 A
9 person-whe-eperates-or uses shall not operate or use an unmanned 10 aerial vehicle, remote piloted aircraft, or drone at the scene of an 11 emergency and thereby -impedes impede firefighters, peace officers, 12 medical personnel, military personnel, or other emergency 13 personnel in the performance of their fire suppression, law 14 enforcement, or emergency response duties.
15 (b) The Attorney General or a county counsel or city attorney 16 may bring a civil action to enforce subdivision (a). The prevailing 17 plaintiff in an action may recover any of the following in any court 18 of competent jurisdiction:
19 (1) A civil penalty not exceeding seventy-five thousand dollars 20 ($75, 000) for each violation.
21 (2) Injunctive relief
22 (3) Reasonable attorney's fees and costs.
23 (,j
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— 3 — AB 426
1 (c) Subdivision (a) shall not apply to a person who has been 2 granted a Part 107 Operational Waiver issued by the Federal 3 Aviation Administration pursuant to Section 107.200 of the Code 4 of Federal Regulations.
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ATTACHMENT 6
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148
CITY OF
August 26, 2025
The Honorable Diane Dixon
California State Assembly
1021 0 Street, Suite 4210
Sacramento, CA 95814
RE: Support for AB 426 (Dixon) — Drones and Emergency Response Dear Assemblymember Dixon,
I write in support of AB 426, which authorizes local agencies to impose civil penalties of up to $75,000 against drone operators who interfere with emergency responders.
Unmanned aircraft can provide valuable benefits in many contexts, but when misused near emergency incidents, drones pose a serious danger. During wildfires, rescues, and law enforcement operations, unauthorized drones can block airspace, delay aerial firefighting, distract personnel, and put both responders and the public at risk. Existing laws do not adequately deter reckless drone use, leaving agencies with limited tools to respond.
AB 426 fills this gap by creating meaningful civil penalties to discourage drone interference while preserving exemptions for FAA -authorized operators. By strengthening enforcement, this bill will help ensure first responders can carry out their duties without unnecessary delays or hazards, ultimately protecting lives and property.
The Yucaipa City Council believes AB 426 is a common-sense measure that advances public safety and supports the work of emergency personnel across California. We thank you for your leadership in introducing this legislation and are proud to support it.
Sincerely,
Jon Thorp
Mayor
cc. Senator Rosalice Ochoa Bogh
Assemblyman Greg Wallis
Laura Varela, Cal Cities, Regional Public Affairs Manager League of California Cities, [email protected]
08/25/2025 City Council Agenda
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
149
ATTACHMENT 7
08/25/2025 City Council Agenda
150
AMENDED IN SENATE JULY 16, 2025
AMENDED IN SENATE JUNE 26, 2025
AMENDED IN ASSEMBLY APRIL 10, 2025
AMENDED IN ASSEMBLY APRIL 2, 2025
AMENDED IN ASSEMBLY MARCH 24, 2025
CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION
ASSEMBLY BILL No. 468
Introduced by Assembly Members Gabriel, Irwin, and Pacheco (Coauthors: Assembly Members Flora, Hadwick, Harabedian, Michelle Rodriguez, Tangipa, and Wallis)
(Coauthor: Senator Allen)
February 6, 2025
An act to amend Section 459 of, _ a 63 2 a d "84
and to repeal and add Section 463 of, the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 468, as amended, Gabriel. Crimes: looting.
Existing law defines the crime of burglary as entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. Existing law clarifies that a structure designed for habitation is being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a disaster caused the occupants to leave the premises.
This bill would specify that neither the fact that the structure entered has been damaged by a natural or other disaster, nor the extent of the damage, shall preclude conviction.
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Existing law defines looting as the commission of certain offenses during and within an affected county in a state of emergency or local emergency, as specified. Existing law includes any 2nd-degree burglary or grand theft in the definition of looting, and makes looting based on those offenses punishable by either imprisonment in a county jail for one year or as a felony. Existing law also makes the crime of looting based on petty theft punishable as a misdemeanor.
Existing regulations define an "evacuation area" as a geographic area from which civilians have been evacuated pursuant to an evacuation order and where movement and entry are controlled by fire and law enforcement personnel having jurisdictional authority. Existing regulations define an "evacuation warning" as alerting community members in a defined area of a potential threat to life or property.
This bill would recast the offense of looting to include first degree burglary, 2nd degree burglary, grand theft, trespass, and theft from a vehicle, when those offenses are committed in an evacuation zone, to the crime of looting. The bill would also, for the purposes of looting, define an evacuation zone as an evacuation area or an area subject to an evacuation warning and would include in the definition one or more residential dwelling units undergoing reconstruction following damage or destruction caused by a disaster after an evacuation order or warning has been lifted, as specified. The bill would impose increased penalties for these offenses committed within an evacuation zone, as specified, and would thus create a state -mandated local program.
including a pcacc officcr or an officcr or mcmbcr of a firs department, ,
spccificd cmcrgcncy services providers or mcmbcrs of the military cmcrgcncy, or undcr an evacuation order, as spccificd. The bill would 94 08/25/2025 City Council Agenda
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— 3 — AB 468
By crcating a new crimc, by
By increasing the punishment of specified crimes,
tiew—etiltatteenteitt7 this bill would impose a state -mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would make the operation of its provisions contingent upon the enactment of Senate Bill 571 of the 2025-26 Regular Session.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 459 of the Penal Code is amended to 2 read:
3 459. (a) Every person who enters any house, room, apartment, 4 tenement, shop, warehouse, store, mill, barn, stable, outhouse or 5 other building, tent, vessel, as defined in Section 21 of the Harbors 6 and Navigation Code, floating home, as defined in subdivision (d) 7 of Section 18075.55 of the Health and Safety Code, railroad car, 8 locked or sealed cargo container, whether or not mounted on a 9 vehicle, trailer coach, as defined in Section 635 of the Vehicle 10 Code, any house car, as defined in Section 362 of the Vehicle 11 Code, inhabited camper, as defined in Section 243 of the Vehicle 12 Code, vehicle as defined by the Vehicle Code, when the doors are 13 locked, aircraft as defined by Section 21012 of the Public Utilities 14 Code, or mine or any underground portion thereof, with intent to 15 commit grand or petit larceny or any felony is guilty of burglary. 16 As used in this chapter, "inhabited" means currently being used 17 for dwelling purposes, whether occupied or not. A house, trailer, 18 vessel designed for habitation, or portion of a building is currently 19 being used for dwelling purposes if, at the time of the burglary, it 20 was not occupied solely because a natural or other disaster caused 21 the occupants to leave the premises.
22 (b) The fact that the structure entered has been damaged by a 23 natural or other disaster, or the extent of that damage, does not 24 preclude conviction.
94 08/25/2025 City Council Agenda
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1 SEC. 2. Section 463 of the Penal Code is repealed.
2 SEC. 3. Section 463 is added to the Penal Code, to read:
3 463. (a) For the purposes of this section, the following terms 4 shall have the following meanings:
5 (1) "Evacuation order" means an order from the Governor, or 6 a county sheriff, chief of police, or fire marshal, under which 7 persons subject to the order are required to relocate outside of the 8 geographic area covered by the order due to an imminent danger 9 resulting from an earthquake, fire, flood, riot, or other natural or 10 manmade disaster.
11 (2) "Evacuation zone" means an evacuation area or an area 12 subject to an evacuation warning, as defined in Section 2470.1 of 13 Title 19 of the California Code of Regulations. An evacuation zone 14 includes one or more residential dwelling units while it is 15 undergoing reconstruction following damage or destruction caused 16 by an earthquake, fire, flood, riot, or other natural or manmade 17 disaster, after an evacuation order or warning has been lifted, for 18 up to four years from the date an evacuation order or warning 19 went into effect, but does not include detached structures on the 20 same property that are not dwelling units or are not otherwise 21 usable for human habitation.
22 (3) "Local emergency" means conditions that, by reason of their 23 magnitude, are, or are likely to be, beyond the control of the 24 services, personnel, equipment, and facilities of any single county, 25 city and county, or city and require the combined forces of a mutual 26 aid region or regions to combat. A "local emergency" shall exist 27 from the time of the proclamation of the condition of the 28 emergency by the local governing body until terminated pursuant 29 to Section 8630 of the Government Code.
30 (4) "Reconstruction" includes, but is not limited to, the time 31 from initial debris removal through the issuance of the certificate 32 of occupancy.
33 (5) "State of emergency" means conditions that, by reason of 34 their magnitude, are, or are likely to be, beyond the control of the 35 services, personnel, equipment, and facilities of any single county, 36 city and county, or city and require the combined forces of a mutual 37 aid region or regions to combat. A "state of emergency" shall exist 38 from the time of the proclamation of the condition of the 39 emergency until terminated pursuant to Section 8629 of the 40 Government Code.
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— 5 — AB 468
1 (b) All of the following offenses when committed during and 2 within an affected county in a "state of emergency" or a "local 3 emergency," or under an "evacuation order," resulting from an 4 earthquake, fire, flood, riot, or other natural or manmade disaster 5 are looting and, except as provided in subdivision (c), are 6 punishable as follows:
7 (1) A violation of Section 459, punishable as a second-degree 8 burglary pursuant to subdivision (b) of Section 461, is punishable 9 by imprisonment in a county jail for one year or pursuant to 10 subdivision (h) of Section 1170.
11 (2) A violation of Section 487 or subdivision (a) of Section 12 487a, except grand theft of a firearm, is punishable by 13 imprisonment in a county jail for one year or pursuant to 14 subdivision (h) of Section 1170.
15 (3) Grand theft of a firearm, as defined in Section 487, is 16 punishable by imprisonment in the state prison, as set forth in 17 subdivision (a) of Section 489.
18 (4) A violation of Section 488 is punishable by imprisonment 19 in a county jail for six months.
20 (c) All of the following offenses when committed during and 21 within an evacuation zone are looting and, notwithstanding 22 subdivision (b), are punishable as follows:
23 (1) A violation of Section 459, punishable as a first -degree 24 burglary pursuant to subdivision (a) of Section 461, is punishable 25 by imprisonment in the state prison for a term of two, four, or 26 seven years.
27 (2) A violation of Section 459, punishable as a second-degree 28 burglary pursuant to subdivision (b) of Section 461, is punishable 29 pursuant to subdivision (h) of Section 1170.
30 (3) A violation of Section 487 or subdivision (a) of Section 31 487a, except grand theft of a firearm, is punishable pursuant to 32 subdivision (h) of Section 1170.
33 (4) A violation of Section 602, with the intent to commit larceny, 34 punishable by imprisonment in a county jail for one year or 35 pursuant to subdivision (h) of Section 1170.
36 (5) Notwithstanding Section 490.2, theft from an unlocked 37 vehicle is punishable by imprisonment in a county jail for one year 38 or pursuant to subdivision (h) of Section 1170. This paragraph 39 shall not preclude prosecution under any other provision of law. 94 08/25/2025 City Council Agenda
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AB 468 — 6 —
1 (d) (1) A person convicted of an offense described in paragraph 2 (1), (2), or (3) of subdivision (b) or an offense described in 3 subdivision (c) who is granted probation shall, as a condition of 4 probation, be confined in a county jail for at least 180 days, except 5 that the court may, in a case where the interest of justice would 6 best be served, reduce or eliminate that mandatory jail sentence if 7 the court specifies on the record and enters into the minutes the 8 circumstances indicating that the interest of justice would best be 9 served by that disposition.
10 (2) In addition to whatever custody is ordered, the court may 11 require any person granted probation following conviction under 12 paragraph (1) of subdivision (b) to serve up to 240 hours of 13 community service and may require any person granted probation 14 following conviction of an offense described in paragraph (2) or 15 (3) of subdivision (b) or an offense described in subdivision (c) to 16 serve up to 160 hours of community service.
17 (3) A person convicted under paragraph (4) of subdivision (b) 18 who is granted probation shall, as a condition of probation, be 19 confined in a county jail for at least 90 days, except that the court 20 may, in a case where the interest of justice would best be served, 21 reduce or eliminate that mandatory minimum jail sentence if the 22 court specifies on the record and enters into the minutes the 23 circumstances indicating that the interest of justice would best be 24 served by that disposition. In addition to whatever custody is 25 ordered, the court may require any person granted probation 26 following conviction under this subdivision to serve up to 80 hours 27 of community service.
28 (e) Consensual entry into a commercial structure with the intent 29 to commit a violation of Section 470, 476, 476a, 484f, or 484g 30 shall not be charged as a violation under this section. 31 (f) For purposes of this section, the fact that the structure entered 32 has been damaged by the earthquake, fire, flood, or other natural 33 or manmade disaster shall not, in and of itself, preclude conviction. 34 35
36 37
38 for the fclony or attcmptcd fclony of which thcy havc bccn 39 40
+cars.
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-7— AB468
1 ,
2 3 (1) "Emcrgcncy personnel" is dcfincd as a pcacc officer, an 4 officcr or mcmbcr of a fire dcpartmcnt or a dcputy statc fire 5 ,
6 r or cmploycc, an
7 8 starch and rcscuc unit or tcam, an officcr or mcmbcr of thc Armcd 9 Forccs of thc Unitcd Statcs, thc California National Guard, the 10 Statc Guard, thc Naval Militia, thc national guard of any othcr 11 ,
12 ' ,
13 14 Safcty Codc.
15 (2) "Evacuation zone" has thc same mcaning as in Scction 463. 16 (3) "Impersonating" means willful wcaring, cxhibiting, or using 17 of an authorizcd uniform, insignia, cmblcm, dcvicc, labcl, 18 ccrtificatc, card, or writing of cmcrgcncy personncl with thc intent 19 of fraudulcntly inducing thc belief that thcy arc a mcmbcr of 20 cmcrgcncy personncl.
21 SEC. 5. Scction 538i is added to thc Pcnal Codc, to rcad:
22 538i. Any person othcr than a pcacc officcr, an officcr or 23 mcmbcr of a firc dcpartmcnt or a dcputy statc firc marshal, an 24 cmploycc of a public utility or district, statc, county, city, or spccial 25 district, a city and county officer or cmploycc, an officcr or mcmbcr 26 27 unit or team, an officcr or mcmbcr of the Armcd Forces of the 28 Unitcd Statcs, thc California National Guard, thc Statc Guard, the 29 Naval Militia, thc national guard of any othcr statc, or any othcr 30 reserve componcnt of thc Armcd Forccs of thc Unitcd Statcs, or 31 an cmcrgcncy mcdical tcchnician, as dcfincd in Division 2.5 32 (commencing with Scction 1797) of the IIcalth and Safcty Codc, 33 ,
34 ,
35 cmblcm, dcvicc, label, ccrtificatc, card, or writing of a pcace 36 officcr, an officcr or mcmbcr of a firc dcpartmcnt or a dcputy state 37 fire marshal, an cmploycc of a public utility or district, state, 38 county, city, or spccial district, a city and county officcr or 39 cmploycc, an officcr or mcmbcr of a govcrnmcntal
40 ,
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AB468 —8-
1 officcr or mcmbcr of thc Armcd Forccs of thc Unitcd Statcs, the 2 C lif N 1 a t State Guara the AT,.ya Militi the
3 4 of the Armcd Forccs of thc Unitcd Statcs, or an cmcrgcncy mcdical 5 ,
6 ,
7 inducing thc bclicf that thcy arc a pcacc officcr, an officcr or 8 9 ,
10 11
12 unit or tcam, an officcr or mcmbcr of thc Armcd Forccs of the 13 Unitcd Statcs, thc California National Guard, thc Statc Guard, thc 14 15 rcscrvc componcnt of thc Armcd Forccs of thc Unitcd Statcs, or 16 ,
17 (commcncing with Scction 1797) of the IIcalth and Safcty Codc, 18 19 jail for up to one ycar or a fclony punishablc pursuant to 20 21 SEC. 6.
22 SEC. 4. No reimbursement is required by this act pursuant to 23 Section 6 of Article XIIIB of the California Constitution because 24 the only costs that may be incurred by a local agency or school 25 district will be incurred because this act creates a new crime or 26 infraction, eliminates a crime or infraction, or changes the penalty 27 for a crime or infraction, within the meaning of Section 17556 of 28 the Government Code, or changes the definition of a crime within 29 the meaning of Section 6 of Article XIII B of the California 30 Constitution.
31 SEC. 5. This act shall become operative only if Senate Bill 571 32 of the 2025-26 Regular Session is enacted and becomes effective 33 on or before January 1, 2026.
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ATTACHMENT 8
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AMENDED IN ASSEMBLY JULY 17, 2025
AMENDED IN SENATE MAY 23, 2025
AMENDED IN SENATE MARCH 25, 2025
SENATE BILL No. 571
Introduced by Senators Archuleta, Arreguin, and Valladares (Principal coauthors: Senators Cervantes, Grayson, Hurtado, Menjivar, Perez, Reyes, Richardson, Stern, and Umberg)
February 20, 2025
An act to amend Scctio s 5 `, 5 __ a 63 Section 451.5 of, and to add Scction Sections 463.2 and 538i to, the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 571, as amended, Archuleta. Looting. Emergencies: crimes.
Existing law defines looting as the commission of certain offenses during and within an affected county in a state of emergency or local emergency, as specified. Existing law includes any 2nd-degree burglary or grand theft in the definition of looting, and makes looting based on those offenses punishable by either imprisonment in a county jail for one year or as a felony. Existing law rcquircs a person convictcd of This bill would
only as a fclony and would rcmovc the court's discrction to rcducc or 96 08/25/2025 City Council Agenda
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SB 571 — 2 —
loeal-cmcrgeney:- authorize the court to consider the fact, if pled and proven, that the defendant committed the crime of looting while impersonating emergency personnel as a factor in aggravation.
Existing law prohibits credibly impersonating a peace officer, firefighter, or employee of a state or local government agency, or a search and rescue team, as specified. A violation of these prohibitions is punishable as a misdemeanor.
This bill would make it a crime punishable as a misdemeanor or a felony for a person, other than a first responder to wear, exhibit, or use the uniform, insignia, emblem, device, label, certificate, card, or writing of a first responder with the intent of fraudulently impersonating a first responder within an area under an evacuation order, as specified. The bill would also make it a crime, punishable as a misdemeanor or a felony, to impersonate a first responder on the internet or by electronic means during an evacuation order or within 30 days of its termination for the purpose of defrauding another, as specified.
Existing law, until January 1, 2029, defines the offense of aggravated arson, and defines the aggravating factors for the offense as: the person has been previously convicted of arson on one or more occasions within the past 10 years, the fire caused property damage and other losses in excess of $10,100,000, or the fire caused damage to, or the destruction of, 5 or more inhabited dwellings. Existing law, commencing January 1, 2029, deletes the aggravating factor of property damage and other losses in excess of $10,100,000 from the definition of aggravated arson.
This bill would state that it is the intent of the Legislature that amendments to the above -described dollar amounts are to be applied prospectively and shall not be interpreted to benefit any defendant who committed a crime or received a sentence before the effective date of the amendment.
crime of burglary as cntcring spccificd
theft or a felony. Existing law clarifies that a structure designed for burglary it was not occupicd solely bccausc a disastcr caused the occupants to leave the premises.
By creating a new crime and by increasing the punishment of specified crimes, this bill would impose a state -mandated local program. 96 08/25/2025 City Council Agenda
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-3— SB571
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would make the operation of its provisions contingent upon the enactment of AB 468 of the 2025-26 Regular Session.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 451.5 of the Penal Code, as amended by 2 Section 1 of Chapter 706 of the Statutes of 2023, is amended to 3 read:
4 451.5. (a) A person who willfully, maliciously, deliberately, 5 with premeditation, and with intent to cause injury to one or more 6 persons, or to cause damage to property under circumstances likely 7 to produce injury to one or more persons, or to cause damage to 8 one or more structures or inhabited dwellings, sets fire to, bums, 9 or causes to be burned, or aids, counsels, or procures the burning 10 of any residence, structure, forest land, or property, is guilty of 11 aggravated arson if one or more of the following aggravating 12 factors exists:
13 (1) The defendant has been previously convicted of arson on 14 one or more occasions within the past 10 years.
15 (2) (A) The fire caused property damage and other losses in 16 excess of ten million one hundred thousand dollars ($10,100,000), 17 exclusive of damage to, or destruction of, inhabited dwellings. 18 (B) In calculating the total amount of property damage and other 19 losses under subparagraph (A), the court shall consider the cost of 20 fire suppression. It is the intent of the Legislature that this 21 paragraph be reviewed within five years to consider the effects of 22 inflation on the dollar amount stated herein.
23 (3) The fire caused damage to, or the destruction of, five or 24 more inhabited dwellings.
25 (b) A person who is convicted under subdivision (a) shall be 26 punished by imprisonment in the state prison for 10 years to life. 96 08/25/2025 City Council Agenda
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1 (c) A person who is sentenced under subdivision (b) shall not 2 be eligible for release on parole until 10 calendar years have 3 elapsed.
4 (d) It is the intent of the Legislature that amendments to the 5 threshold dollar amount set forth in this section are to be applied 6 prospectively only and shall not be interpreted to benefit any 7 defendant who committed any crime or received any sentence 8 before the effective date of the threshold.
9 (e) This section shall remain in effect only until January 1, 2029, 10 and as of that date is repealed.
11 SEC. 2. Scction 459 of the Pcnal Codc is amcndcd to rcad:
12 459. (a) Evcry person who enters any housc, room, apartmcnt, 13 tenement, shop, warchousc, store, mill, barn, stablc, outhouse or 14 othcr building, tcnt, vcsscl, as dcfincd in Scction 21 of the Ilarbors 15 ,
16 of Scction 18075.55 of the IIcalth and Safcty Codc, railroad car, 17 ,
18 vchicic, trailcr coach, as dcfincd in Scction 635 of thc Vchicic 19 Codc, any housc car, as dcfincd in Scction 362 of thc Vchicle 20 Codc, inhabitcd camper, as dcfincd in Scction 243 of the Vchicle 21 Code, vchicic as defined by thc Vchicic Codc, whcn thc doors -are 22 locked, aircraft as dcfincd by Scction 21012 of the Public Utilities 23 ,
24 25 Asue i-- `` is c raptcr, "inhabited" mcans currently bcing uscd 26 for dwclling purposcs, whcthcr occupicd or not. A housc, trailcr, 27 ,
28 bcing uscd for dwclling purposcs if, at thc time of the burglary, it 29 30
31 (b) The fact that thc structure cntcrcd has bccn damaged to any 32 cxtcnt by a natural or othcr disastcr shall not, in and of itsclf, 33 preclude conviction.
34 SEC. 3. Scction 463 of the Pcnal Codc is amcndcd to rcad:
35 463. (a) Evcry person who violatcs Scction 459, punishable 36 37 "
38 or a "local emergency," or under an "cvacuation ordcr," resulting 39 from an carthquakc, firc, flood, riot, or othcr natural or manmade 40 disastcr or within 180 days of thc termination of a "state of 96 08/25/2025 City Council Agenda
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-5— SB 571
1 cmcrgcncy," "local cmcrgcncy," or "evacuation ordcr," is guilty 2 ,
3 4 ,
5 condition thereof, be confined in a county jail for at least 180 days. 6 In addition to whatcvcr custody is ordcrcd, thc court, in its 7 ,
8 9 community scrvicc in any program dccmcd appropriate by the 10 court, including any program crcatcd to rcbuild thc community. 11 For purposcs of this subdivision, thc fact that thc structure 12 ,
13 ,
14 conviction
15 (b) Every person who commits thc crimc of grand thcft, as 16 dcfincd in Scction 487 or subdivision (a) of Scction 487a, cxccpt 17 grand thcft of a fircarm, during and within an affcctcd county in 18 a "state of cmcrgcncy" or a "local cmcrgcncy," or undcr an 19 "cvacuation ordcr," rcsulting from an carthquakc, firc, flood, riot, 20 21 termination of a "statc of cmcrgcncy," "local cmcrgcncy," or 22 "cvacuation o dcr," is guilty of thc crimc of looting, punishable 23 pursuant to subdivision (h) of Scction 1170. Evcry person who 24 commits thc crimc of grand thcft of a fircarm, as dcfincd in Scction 25 "
26 or a "local emergency" rcsulting from an carthquakc, firc, flood, 27 ,
28 ,
29 30
31 ,
32 for at least 180 days. In addition to whatcvcr custody is ordcrcd, 33 the court, in its discretion, may require any person granted 34 35 to 160 hours of community scrvicc in any program dccmcd 36 37 thc community.
38 (c) Every person who commits thc crimc of pctty thcft, as 39 ,
40 "statc of cmcrgcncy" or a "local cmcrgcncy," or under an 96 08/25/2025 City Council Agenda
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SB 571 — 6 —
1 "cvacuation ordcr," resulting from an carthquakc, fi c, flood, riot, 2 or othcr natural or manmadc disastcr is guilty of a misdcmcanor, 3 punishable by imprisonmcnt in a county jail for six months. Any 4 5 ,
6 be confincd in a county jail for at lcast 90 days, cxccpt that the 7 court may, in thc case whcrc thc intcrcst of justicc would bcst be 8 ,
9 if the court spccifics on the record and cntcrs into thc minutes the 10 circumstances indicating that thc intcrcst of justicc would bcst be 11 served by that disposition. In addition to whatcvcr custody is 12 ordered, thc court, in its discretion, may rcquirc any person grantcd 13 14 to 80 hours of community scrvicc in any program deemed 15 16
17 (d) (1) For purposes of this scction, "statc of cmcrgcncy" mcans 18 conditions that, by rcason of thcir magnitudc, arc, or arc likcly to 19 bc, bcyond thc control of the scrviccs, personnel, cquipmcnt, and 20 facilitics of any singlc county, city and county, or city and rcquirc 21 thc combincd forccs of a mutual aid rcgion or rcgions to combat. 22 (2) For purposcs of this scction, "local cmcrgcncy" mcans 23 conditions that, by rcason of thcir magnitudc, arc, or arc likcly to 24 bc, beyond thc control of the scrviccs, personncl, cquipmcnt, and 25 facilitics of any single county, city and county, or city and rcquirc 26 the combincd forccs of a mutual aid rcgion or rcgions to combat. 27 (3) For purposcs of this scction, a "statc of cmcrgcncy" shall 28 cxist from thc timc of thc proclamation of thc condition of the 29 cmcrgcncy until tcrminatcd pursuant to Scction 8629 of the 30 Govcrnmcnt Codc. For purposcs of this scction only, a "local 31 cmcrgcncy" shall cxist from thc timc of thc proclamation of the 32 condition of thc cmcrgcncy by thc local governing body until 33 tcrminatcd pursuant to Scction 8630 of the Govcrnmcnt Codc. 34 (4) For purposcs of this scction, "cvacuation ordcr" mcans an 35 order from thc Governor, or a county sheriff, chicf of policc, or 36 firc marshal, undcr which persons subjcct to thc ordcr arc rcquircd 37 to rclocatc outside of thc geographic arca covcrcd by thc ordcr due 38 to an immincnt danger resulting from an earthquake, firc, flood, 39 riot, or other natural or manmadc disastcr.
96 08/25/2025 City Council Agenda
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— 7— SB 571
1 2 to commit a violation of Section 470, 476, 476a, 484f, or 484g 3 4 SEC. 2. Section 463.2 is added to the Penal Code, to read:
5 463.2. (a) In sentencing a person convicted of a violation of 6 Section 463, the court may consider the fact, if pled and proven, 7 that the defendant committed the crime while impersonating 8 emergency personnel as a factor in aggravation in sentencing. 9 (b) For purposes of this section, the following terms have the 10 following meanings:
11 (1) "Emergency personnel" means a peace officer, an officer 12 or member of a fire department or a deputy state fire marshal, an 13 employee of a public utility or district, state, county, city, or special 14 district, a city and county officer or employee, an officer or member 15 of a governmental agency -managed or -affiliated search and rescue 16 unit or team, an officer or member of the Armed Forces of the 17 United States, the California National Guard, the State Guard, 18 the Naval Militia, the national guard of any other state, or any 19 other reserve component of the Armed Forces of the United States, 20 or an emergency medical technician, as defined in Division 2.5 21 (commencing with Section 1797) of the Health and Safety Code. 22 (2) "Impersonating" means willfully wearing, exhibiting, or 23 using of an authorized uniform, insignia, emblem, device, label, 24 certificate, card, or writing of emergency personnel with the intent 25 of fraudulently inducing the belief that they are emergency 26 personnel.
27 SEC. 4.
28 SEC. 3. Section 538i is added to the Penal Code, to read:
29 538i. (a) Any person, other than a first responder, who willfully 30 wears, exhibits, or uses the uniform, insignia, emblem, device, 31 label, certificate, card, or writing of a first responder with the intent 32 of fraudulently impersonating a first responder in an area subject 33 to an evacuation order as a_r-ca it 63, or who willfully 34 and credibly impersonates a first responder on an internet website, 35 or by other electronic means, during an evacuation order or within 36 30 days of its termination, for purposes of defrauding another, 37 shall be punished either by imprisonment in a county jail not to 38 exceed one year, by a fine not to exceed 0,000; two thousand 39 dollars ($2,000) or by both that imprisonment and fine, or by 96 08/25/2025 City Council Agenda
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SB 571 — 8 —
1 imprisonment pursuant to subdivision (h) of Section 1170 and by 2 a fine not to exceed-$.2070007 twenty thousand dollars ($20, 000). 3 (b) For purposes of this section, "first the following terms have 4 the following meanings:
5 (1) "Evacuation order" has the same meaning as in Section 6 463.
7 (2) "First responder" means a first responder as defined under 8 Section 8562 of the Government Code, or any employee of the 9 Federal Emergency Management Agency under Section 313 of 10 Subchapter V of Chapter 1 of Title 6 of the United States Code. 11 SEC. 5.
12 SEC. 4. No reimbursement is required by this act pursuant to 13 Section 6 of Article XIIIB of the California Constitution because 14 the only costs that may be incurred by a local agency or school 15 district will be incurred because this act creates a new crime or 16 infraction, eliminates a crime or infraction, or changes the penalty 17 for a crime or infraction, within the meaning of Section 17556 of 18 the Government Code, or changes the definition of a crime within 19 the meaning of Section 6 of Article XIII B of the California 20 Constitution.
21 SEC. 5. This act shall become operative only if Assembly Bill 22 468 of the 2025-2026 Regular Session is enacted and becomes 23 effective on or before January 1, 2026.
0 96
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ATTACHMENT 9
08/25/2025 City Council Agenda
168
August 26, 2025
The Honorable Jesse Gabriel
California State Assembly
1021 0 Street, Suite 5120
Sacramento, CA 95814
The Honorable Bob Archuleta
California State Senate
1021 0 Street, Suite 7630
Sacramento, CA 95814
RE: Support for AB 468 (Gabriel) and SB 571 (Archuleta) — Disaster -Related Crimes Dear Assemblymember Gabriel and Senator Archuleta.
On behalf of the City of Yucaipa, I write to support AB 468 and SB 571, companion bills that strengthen California's ability to deter and prosecute crimes committed during and after disasters.
Communities across California have experienced the devastating effects of wildfires, floods, earthquakes, and other emergencies. Unfortunately, these crises also create opportunities for criminals to exploit residents who have been forced to evacuate their homes. Looting, burglary, and impersonation of emergency personnel during these times not only victimize individuals but also erode trust in public safety and complicate recovery efforts.
AB 468 addresses these challenges by increasing penalties for theft and impersonation crimes in evacuation and recovery zones, while SB 571 broadens and standardizes the definition of disaster - related crimes, extending protections well into the recovery period. By linking the passage of these bills, the Legislature ensures consistency in the Penal Code and gives law enforcement clear tools to prevent predatory behavior when communities are most vulnerable.
Our City believes these measures strike an appropriate balance between protecting residents and providing prosecutors with the authority they need to hold offenders accountable. Together, AB 468 and SB 571 will help restore public confidence, safeguard property, and strengthen recovery efforts in the aftermath of disasters.
Sincerely,
Jon Thorp
Mayor
08/25/2025 City Council Agenda
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
169
cc. Senator Rosalice Ochoa Bogh
Assemblyman Greg Wallis
Laura Varela, Cal Cities, Regional Public Affairs Manager League of California Cities, [email protected]
08/25/2025 City Council Agenda
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
170
ATTACHMENT 10
08/25/2025 City Council Agenda
171
AMENDED IN ASSEMBLY JULY 3, 2025
AMENDED IN SENATE APRIL 9, 2025
AMENDED IN SENATE MARCH 24, 2025
SENATE BILL No. 701
Introduced by Senator Wahab
(Principal coauthor: Senator Niello)
February 21, 2025
An act to add Section 636.6 to the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 701, as amended, Wahab. Signal jammers.
Federal law prohibits a person from willfully or maliciously interfering with or causing interference to radio communications. Federal law prohibits a person from manufacturing, importing, selling, offering for sale, or shipping a device that interferes with radio communications.
Federal law makes a violation of these prohibitions punishable by a fine of not more than $10,000 or by imprisonment for a term not exceeding one year, or both the fine and imprisonment.
Existing law makes it a misdemeanor for a person to intercept a public safety radio service communication for the purpose of using the communication to assist in the commission of a criminal offense or to avoid arrest, as specified. Existing law makes it an infraction to possess or equip a vehicle with a device that is capable of interfering with a device used by a law enforcement agency to measure the speed of moving objects, as specified, and makes it a misdemeanor to possess four or more of those devices.
This bill would make it a crime to manufacture, import, market, purchase, sell, or operate a signal jammer, as defined, unless authorized 96 08/25/2025 City Council Agenda
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SB701 —2—
to do so by the Federal Communications Commission, punishable -by as an infraction for a first offense, and a
misdemeanor for a 2nd offense, as specified. The bill would make it a misdemeanor to operate a signal jammer in conjunction with the commission of a crimc, misdemeanor or felony, punishable by a fine of up to $1,000 or by imprisonment. The bill would make it a crime to willfully or maliciously use a signal jammer to block state or local public safety communications, if the person knows or should know that using the signal jammer is likely to result in death or great bodily injury and great bodily injury or death is sustained by any person as a result of that use, punishable as either a misdemeanor or a felony. The bill would require forfeiture of the signal jamming device upon conviction for these crimes. By creating new crimes, this bill would impose a state -mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 636.6 is added to the Penal Code, to read:
2 636.6. (a) (1) A person who manufactures, imports, markets, 3 purchases, sells, or operates a signal jammer, unless authorized to 4 do so by the Federal Communications Commission, is guilty of 5 an infraction, punishable by
6 and -by a fine not to exceed five hundred dollars ($500), or a 7 ,
8 9 ,
10 ($500) for a first offense.
11 (2) A second or subsequent violation of paragraph (1) is a 12 misdemeanor, punishable by imprisonment in a county jail not 13 exceeding year, by a fine not to exceed one thousand dollars 14 ($1,000), or by both that fine and imprisonment.
96 08/25/2025 City Council Agenda
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— 3 — SB 701
1 (b) A person whooperates a signal jammer in
2 conjunction with the commission of a-erime misdemeanor or felony 3 is guilty of a misdemeanor, punishable by imprisonment in a county 4 jail not exceeding one year, or by a fine not to exceed one thousand 5 dollars ($1,000), or by both that fine and imprisonment. 6 (c) A person who willfully or maliciously uses a signal jammer 7 to block state or local public safety
8 communications, and who knows or should know that using the 9 signal jammer is likely to result in death or great bodily injury 10 and great bodily injury or death is sustained by any person as a 11 result of that use, is guilty of a crime, punishable by imprisonment 12 in a county jail not exceeding one year or pursuant to subdivision 13 (h) of Section 1170.
14 (d) A conviction under this section requires forfeiture of the 15 signal jamming device.
16 17 (e) This section does not apply to the authorized and lawful use 18 of signal jammers by local or state law enforcement. 19 20 0 For the purposes of this section, the following terms have 21 the following meanings:
22 (1) "Signal jammer" means a device that intentionally blocks, 23 jams, or interferes with authorized radio or wireless 24 communications.
25 (2) "Public safety communications" means the systems, 26 technologies, and methods used by emergency response agencies, 27 including law enforcement, firefighters, and EMS, to communicate 28 with each other.
29 SEC. 2. No reimbursement is required by this act pursuant to 30 Section 6 of Article XIII B of the California Constitution because 31 the only costs that may be incurred by a local agency or school 32 district will be incurred because this act creates a new crime or 33 infraction, eliminates a crime or infraction, or changes the penalty 34 for a crime or infraction, within the meaning of Section 17556 of 35 the Government Code, or changes the definition of a crime within 36 the meaning of Section 6 of Article XIII B of the California 37 Constitution.
0 96
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ATTACHMENT 11
08/25/2025 City Council Agenda
175
August 18, 2025
The Honorable Jesse Gabriel
California State Assembly
1021 0 Street, Suite 5120
Sacramento, CA 95814
The Honorable Aisha Wahab
California State Senate
1021 0 Street, Suite 7310
Sacramento, CA 95814
RE: RE: Support for SB 701 (Wahab) — Signal Jammers
Dear Senator Wahab,
On behalf of the City of Yucaipa, I write to support SB 701, which establishes state -level penalties for the possession, sale, and use of illegal signal jammers.
While federal law already prohibits signal jammers, enforcement is limited to the Federal Communications Commission and rarely reaches the local level. Criminals have taken advantage of this gap by using jammers to disable home security systems, car alarms, GPS tracking devices, and even cell phone communications during burglaries and thefts. These devices not only compromise property protection but also prevent victims from calling for help and place first responders at risk by disrupting emergency communications.
SB 701 closes this enforcement gap by empowering state and local agencies to seize devices and prosecute offenders. The bill scales penalties based on the severity of the offense, from infractions for first violations to felony charges if a jammer causes interference that results in injury or death.
This approach provides both deterrence and accountability, while ensuring exemptions remain in place for law enforcement and federally approved uses.
Our City believes SB 701 is a critical tool for protecting residents, strengthening public safety, and ensuring uninterrupted communication during emergencies. We thank you for your leadership in advancing this important legislation and are proud to support it.
Sincerely,
Jon Thorp
Mayor
08/25/2025 City Council Agenda
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
176
cc. Senator Rosalice Ochoa Bogh
Assemblyman Greg Wallis
Laura Varela, Cal Cities, Regional Public Affairs Manager League of California Cities, [email protected]
08/25/2025 City Council Agenda
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
177
CITY OF
Item No.
AGENDA REPORT
DATE: August 25, 2025
TO: Honorable Mayor and City Council
FROM: Grant Malinowski, Fire Chief
SUBJECT: Fire Department Battalion Chief Vehicle
9 RECOMMENDATION:
That the City Council:
1. Approve the procurement of a 2026 Ford F-250 Super Duty Pickup truck in the amount of $64,072 from Downtown Ford of Sacramento, CA; and
2. Provide direction to staff regarding a comprehensive lease strategy for the City's vehicle fleet.
BACKGROUND/DISCUSSION:
A second Battalion Chief will be added to the Yucaipa Fire Department (YFD) staffing for FY26, this newly created position requires a command vehicle. The cost of the vehicle is included in the adopted FY26 Budget. The vehicle purchase option has been competitively bid through the State of California Department of General Service Contract 1-22-23-20F.
At the August 11, 2025, City Council Meeting, the City Council continued the procurement of the Fire Department battalion chief vehicle agenda item to the next available City Council meeting and directed staff to include information relative to a comprehensive lease strategy for this vehicle as well as the City's overall vehicle fleet (Fire, Code Enforcement, Public Works, etc.).
Staff has informally reached out to one company that provides vehicle fleet leasing services to public agencies to obtain a preliminary estimate of the lease option terms for the proposed battalion chief vehicle.
From the information received, there was no appreciable savings when comparing the lease option to the purchase option for this single specific vehicle. The cost savings for the lease option may be realized when the lease strategy includes multiple vehicles or an entire city vehicle fleet.
As a result, staff is recommending that the City Council approve the procurement of the Fire Department battalion chief vehicle at this time and direct staff to research a potential vehicle fleet lease with a company that provides vehicle fleet leasing services. Such a procurement would be processed in a manner 08/25/2025 City Council Agenda
178
consistent with the City's Purchasing Policy and Procedures.
FISCAL IMPACT:
The cost of the Fire Department battalion chief vehicle described in recommendation No. 1 is included in the Public Safety Fund of the adopted FY26 Budget.
Attachment(s):
1. Downtown Ford Sacramento Quote
Approved by.
08/25/2025 City Council Agenda
179
ATTACHMENT 1
08/25/2025 City Council Agenda
180
DOWNTOWN
SACRAMENTO
525 N16TH STREET, SACRAMENTO, CA 95811
PHONE: 916-299-3529
Customer
Name GRANT MALINOWSKI - CITY OF YUCAIPA FIRE
Address 34259 WILDWOOD CANYON RD
City YUCAIPA State CA Zip 92399
Phone
Qty Description
1 2025 FORD F250 SUPERCAB PICKUP 4X4 8' BED
STATE OF CALIFORNIA CONTRACT: 1-22-23-20F
CLIN: 36
EXTERIOR COLOR: Z1 - OXFORD WHITE
OPTIONS
PRICING BELOW SUBJECT TO CHANGE
1 X4M - 4.30 ELECTRONIC LOCK REAR AXLE
1 43C - 110V / 400W OUTLET
1 TBM - ALL TERRAIN TIRES
1 17X - FX4 OFF ROAD PACKAGE
1 67H - HD SERVICE SUSPENSION
1 18B - RUNNING BOARDS
1 86M - DUAL BATTERY
1 67B - DUAL EXTRA HEAVY DUTY ALTERNATOR
1 96D - XL DRIVER ASSIST PACKAGE
1 85S - SPRAY -IN BEDLINER
1 ULTRA QUOTE # 62392 - LEER 100RCC
1 CKE - EXTRA KEY W/ KEY FOB
1 DOC FEE
SALES TAX CALCULATED AT: 8.750%
BASED ON REGISTRATION ADDRESS
Payment Details
Cash
Check
O Credit Card
Name
CC #
Expires
ASW-071525-1620
QUOTE
'GATE 7/15/2025
SALES REP AARON
PHONE 916-929-0577
FOB SACRAMENTO
Unit Price
$48 792.00
S434.00
$176.00
$165.00
$550.00
S126.00
S446.00
$210.00
$115.00
$730.00
5625.00
$5.236.00
$299.00
$85.00
TOTAL
$48,792.00
$434.00
$176.00
$165.00
$550.00
$126.00
$446.00
$210.00
$115.00
$730.00
S625.00
$5,236.00
$299.00
$85.00
SubTotal $57,989.00
DELIVERY $1,000.00
SALES TAX $5,074.04
CA Tire Tax S8 75
TOTAL $64,071.79
Office Use Only
$500 DISCOUNT WITH PAYMENT IN 20 DAYS
08/25/2025 City Council Agenda
08/11/2025 City Council Agenda
CITY OF
AGENDA REPORT
DATE: August 25, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk SUBJECT: Monthly Report on Yucaipa App Usage — July 2025 Item No. 10
RECOMMENDATION:
That the City Council receive and file a report of the user activity on the Yucaipa App for the month of July 2025.
BACKGROUND/DISCUSSION:
The Yucaipa App is a smart phone application that allows users to report issues and access City information. The App allows users to submit pictures and geographical locations to help the City to respond effectively and provide status updates. The App has played a crucial role in addressing concerns related to homelessness and street maintenance.
The following highlights the App's monthly totals:
Monthly Totals
Item
MARCH
APRIL
MAY
JUNE
JULY
Total Monthly
Users
152
190
175
169
274
Total Issues
Submitted
213
241
251
344
355
Most
Commonly
Reported Issue
Street/City
Issue (118)
Street/City
Issue (116)
Street/City
Issue (100)
Street/City
Issue (100)
Street/City
Issue (97)
08/25/2025 City Council Agenda
182
Issues Totals by Type
JAN
FEB
MAR
APR
MAY
JUN
JUL
Code Enforcement
45 42
36 50
75 75
77 Daily Park Task
3 2
1 1
1 1
Daily Street Task
6 9
3 1
2 7
8 Engineering Review
Graffiti/Vandalism
30 14
7 2
4 11
9 Homeless Issue
28 10
13 18
21 26
18 Illegal Fireworks
73 67
Park Issue
12 18
11 19
24 20
29 Refer to LLMD
8 13
8 6
2 10
10 Refer to PMP
5 3
7 10
9 11
Street/City Issue
88 96
118
116
100
100
97 Street Light or Power Outage
1 Traffic Calming
8 11
11 16
8 11
24 Trail Issue
2 5
6 4
4 1
4 Grand Total
235
223
213
241
251
344
355
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Approved by: N
08/25/2025 City Council Agenda
183
CITY OF
rie:1‘7
AGENDA REPORT
Item No. 11
DATE: August 25, 2025
TO: Honorable Mayor and City Council
FROM: Steven G. Pacifico, City Attorney
SUBJECT: Ordinance No. 463 Amending Section 1.12.010 of the Yucaipa Municipal Code RECOMMENDATION:
That the City Council approve the Introduction and First Reading of Ordinance No. 463, an Ordinance of the City Council of the City of Yucaipa, California, Amending Section 1.12.010 of the Yucaipa Municipal Code regarding the definition of "responsible person." BACKGROUND/DISCUSSION:
The proposed Ordinance will amend Section 1.12.010 "Definitions" to the Yucaipa Municipal Code.
In particular, the Ordinance will expand the definition of "responsible person" to better encompass individuals or entities who create or maintain public nuisances.
Under California law, liability for a public nuisance is broad. The general rule is that parties who create, assist, or maintain a public nuisance are liable for that public nuisance. Property ownership is not the sole basis for liability. Moreover, California law has long deemed persons liable for a public nuisance even if that person is not in a position to abate the nuisance.
For example, a person who purchases property with preexisting code violations is deemed responsible for those violations if he does not abate them. Similarly, a holder of an easement, while not a property owner, is responsible for any harms caused by the use of the easement. A violator who dumps hazardous material on another person's property is liable even if that violator has no right to possess the property.
While the causes of many public nuisances can be traced to a single property owner, often times they are caused or maintained by numerous people in a variety of circumstances. In order to effectively abate those public nuisances, a city must be able to enforce the law against all persons responsible for creating and maintaining public nuisances.
Consequently, the proposed Ordinance will expand the current definition of "responsible person" to those "creating, causing, maintaining, contributing to, or permitting a public nuisance or a violation of the Yucaipa Municipal Code or applicable state law." The Ordinance includes a nonexclusive list 08/25/2025 City Council Agenda
184
of examples, including property owners, tenants, contractors, persons with possessory interest, and business owners.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. Ordinance No. 463
Approved by:_
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ATTACHMENT 1
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ORDINANCE NO. 463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING SECTION 1.12.010 OF THE YUCAIPA MUNICIPAL CODE TO REVISE THE DEFINITION OF "RESPONSIBLE PERSON"
WHEREAS, the City of Yucaipa seeks to ensure effective and consistent enforcement of its municipal code and applicable state laws; and
WHEREAS, the existing definition of "Responsible Person" in Section 1.12.010 of the Yucaipa Municipal Code does not fully encompass all individuals or entities who may be in control of real property or responsible for creating or maintaining public nuisances or code violations; and WHEREAS, the City Council finds that a more comprehensive is necessary to promote accountability and protect public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment to Section 1.12.010 — Definition of "Responsible Person" Section 1.12.010 of the Yucaipa Municipal Code is hereby amended to revise the definition of "Responsible Person" to read as follows:
"Responsible Person" means any person who an enforcement official determines is responsible for creating, causing, maintaining, contributing to, or permitting a public nuisance or a violation of the Yucaipa Municipal Code or applicable state law.
The term includes, but is not limited to:
1. The property owner, as shown on the last equalized assessment roll or otherwise identified through public records;
2. A tenant or lessee of the property;
3. Any person with a legal or equitable interest in the property, including mortgagees, lienholders, and trustees;
4. A person in possession of the property, whether lawfully or unlawfully;
5. A property manager or management company with contractual or actual authority over the property;
6. A contractor, subcontractor, or developer performing work on the property;
7. An operator or host of a short-term rental or other transient lodging use; 08/25/2025 City Council Agenda
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8. A business operator or franchisee conducting operations on the property;
9. A homeowners' association or similar entity responsible for managing or maintaining common areas of the property;
10. A family member, caretaker, or other occupant who exercises control over the use or condition of the property;
Any person who has assumed responsibility, whether through written agreement, course of conduct, or actual control, for maintaining the property or ensuring compliance with law.
The determination of responsibility may be based on ownership records, leases, contracts, occupancy, business operations, or any other evidence indicating control over the property or the condition giving rise to the violation.
Section 2. Severability
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the 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 portions be declared invalid or unconstitutional.
Section 3. Effective Date.
This ordinance shall take effect thirty (30) days after its adoption and shall be published in accordance with Government Code Section 36933.
PASSED, APPROVED and ADOPTED this day of , 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM:
Ana V. Sauseda, MMC Steven Graham Pacifico
Director of General Services/City Clerk City Attorney
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CITY OF
AGENDA REPORT
DATE: August 25, 2025
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Interim City Manager
Steven Graham Pacifico, City Attomey
SUBJECT: Urgency Ordinance No. 464U — Fire Code Update
RECOMMENDATION:
Item No. 12
That the City Council adopt Urgency Ordinance No. 464U, an Urgency Ordinance of the City Council of the City of Yucaipa, California, amending the Fire Code of the City of Yucaipa.
BACKGROUND/DISCUSSION:
Yucaipa typically updates its construction and fire -safety regulations on the State's three-year code - adoption calendar, with the next full update scheduled for January 2026. This year, however, Assembly Bill 306, enacted on July 1, 2025 as part of the State budget, fundamentally changed the playing field.
AB 306 imposes a six -year moratorium, beginning October 1, 2025, on any new or amended residential building standards unless they (1) are already on the books and filed with the Building Standards Commission by September 30, 2025, (2) relate specifically to wildfire home -hardening, or (3) are adopted as an emergency measure to protect public health and safety. If Yucaipa waits for the normal 2026 cycle, the City's proposed residential fire -code enhancements would be frozen out until 2031. To avoid that outcome, and to preserve local control over fire -safety standards, the attached ordinance is presented as an off -cycle urgency measure for immediate adoption.
In particular, the ordinance updates the requirements for new, remodeled, and re -sited mobilehomes to require fire sprinklers.
Adopting the ordinance as an urgency measure serves two purposes. First, it "grandfathers" the City's residential amendments before AB 306's September 30 filing deadline, ensuring they remain legally enforceable through the 2026 triennial cycle and beyond. Second, the urgency findings establish that the amendments are, by their nature, wildfire -mitigation standards —placing them squarely within AB 306's express exception for home -hardening and emergency measures. 08/25/2025 City Council Agenda
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FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. Urgency Ordinance No. 464U
Approved by:
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ATTACHMENT 1
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URGENCY ORDINANCE NO. 464U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YUCAIPA, CALIFORNIA, AMENDING THE FIRE CODE OF THE CITY
OF YUCAIPA
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City of Yucaipa ("City") to enact ordinances to protect the public peace, health, and safety; and WHEREAS, the California Building Standards Law (Health & Safety Code §§ 18901 et seq.) and the State Housing Law (Health & Safety Code §§ 17910 et seq.) authorize cities to adopt building and fire -safety regulations more restrictive than those contained in the California Building Standards Code when reasonably necessary because of local climatic, geological, or topographical conditions, provided the City Council makes express findings thereof; and
WHEREAS, Assembly Bill 306 ("AB 306") generally prohibits cities, from October 1 2025 through June 1 2031, from adopting new or amended residential building standards unless such standards are, among other things, substantially equivalent to pre-existing local amendments, necessary emergency standards to protect health and safety and related to home hardening; and
WHEREAS, by this Ordinance, the City of Yucaipa adopts local amendments that fall within one or more exceptions under AB 306; and
WHEREAS, the City of Yucaipa is situated within a very -high fire -hazard severity zone characterized by steep slopes, canyons, Santa Ana wind events, prolonged drought, and combustible native vegetation, all of which create unique and significant risks of catastrophic wildfire threatening life, property, and critical infrastructure; and WHEREAS, recent wildfires in San Bernardino and Riverside Counties and nearby jurisdictions demonstrate the clear and present danger posed to Yucaipa residents, requiring enhanced fire -safe construction standards beyond those contained in the existing Fire Code; and WHEREAS, in light of these local conditions, the City Council finds and determines that the adoption of certain amendments to the Fire Code of the City of Yucaipa is reasonably necessary to protect the health, safety, and welfare of Yucaipa residents; and WHEREAS, the City Council may adopt an urgency ordinance by a four -fifths (4/5) vote where necessary for the immediate preservation of the public peace, health, or safety; and WHEREAS, because of the imminent threat of wildfire, the need to ensure new residential construction incorporates safe materials and design features, and because AB 306 will otherwise bar new residential amendments as of October 1 2025, the City Council finds that adoption of this Ordinance as an urgency measure is necessary for the immediate preservation of public health and safety; and
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WHEREAS, this Ordinance is exempt from CEQA as it contains no provision that may cause a reasonably foreseeable direct or indirect physical change in the environment and thus is not a "project."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPADOES ORDAIN AS FOLLOWS:
SECTION 1. Title.
This Ordinance shall be known as the "2025 Yucaipa Fire Code Update." SECTION 2. Municipal Code Amendment.
A. Yucaipa Municipal Code Section 15.04.115 is hereby amended to add subsection (B)(54) which reads as follows:
54. A new Section 903.2.22 is hereby added to the California Fire Code to read as follows:
Fire sprinkler systems shall be installed in all new, remodeled, and relocated mobile homes, manufactured homes, and multifamily manufactured homes with up to two dwelling units in accordance with Title 25 of the California Code of Regulations.
B. Yucaipa Municipal Code Section 15.04.115 is hereby amended to add subsection (B)(55) which reads as follows:
55. A new Section 701.8 is hereby added to the California Fire Code to read as follows:
When installed within an area designated as a High Fire Severity Zone by the State of California, Department of Forestry (Ca1FIRE), as adopted and amended by the City of Yucaipa, all new, remodeled, relocated mobile homes, manufactured homes, and multifamily manufactured homes with two dwelling units shall be constructed using ignition resistive materials and practices in accordance with the current editions of the Title 25 of the California Code of Regulations, Chapter 7A of the California Building Code and the California Wildlife Urban Interface Code.
SECTION 3. Findings of Fact —Local Conditions
The City Council hereby fmds that each amendment in this Ordinance is reasonably necessary due to the following local climatic, geological, and topographical conditions:
1. Climatic Conditions:
The City of Yucaipa is located in southern California and in western San Bemardino County. This part of the County is subject to high temperatures, high velocity wind conditions which may reach or exceed 70 m.p.h., and extended periods with little to no precipitation. These dry climatic conditions and high winds cause drying of vegetation and building materials which contribute to rapid spread of fires leading to a need for increased levels of protection. 08/25/2025 City Council Agenda
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After many years of drought there are times when significant rainfall can affect the City. The runoff from this rainfall can cause flooding and mudslides putting lives and property at risk and cause emergency response delays. Frequent periods of drought and low humidity add to the fire danger.
This predisposes the area to large destructive fires (conflagrations) which necessitates rapid identification, locating, and extinguishment of all fires in the smallest stage possible. In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the City. Obstacles generated by a strong wind, such as fallen trees, street lights, and utility poles, will negatively impact the response time to reach an incident scene.
Water demand in densely populated southern California far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the already -taxed water supply does not. California is projected to increase in population by nearly 10 million residents over the next quarter of a century with 50 percent of that growth centered in southern California.
Due to storage capacities and consumption, and a limited amount of rainfall, future water allocation is not fully dependable. This necessitates the need for additional and on -site fire protection features.
2. Topographical Conditions:
Traffic and circulation congestion, along with limited access routes to certain areas, contribute to increased response times to emergencies. These conditions increase response times and makes it necessary to require additional life safety requirements to protect lives and property.
3. Geological Conditions:
The City of Yucaipa is located in an area of substantial seismic activity. Several faults, including the San Andreas Fault, are located near the City. These faults can be expected to have a major impact on the City of Yucaipa and pose a threat to lives and property. Buildings vary in susceptibility, dependent upon construction and the types of soils on which they are built.
Earthquakes destroy power and telephone lines; gas, sewer, or water mains; which in turn may set off fires and/or hinder firefighting or rescue efforts. Ground shaking may occur in areas 65 miles or more from the epicenter (the point of ground surface about the focus). Ground shaking can change the mechanical properties of some fine grained, saturated soils, where upon they liquefy and act as a fluid (liquefaction). Damage to building construction, bridges, gas lines, water, and sewer lines would have a catastrophic impact on the community and City resources would be taxed beyond capabilities.
Previous earthquakes in southern California have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings.
Road circulation features located throughout the County of San Bernardino and City of Yucaipa also make amendments reasonably necessary. Located through the County and the City of Yucaipa are major roadways, highways, and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied with occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route 08/25/2025 City Council Agenda
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impassable. There are areas in San Bernardino County that naturally have extended emergency times that exceed our response time goal.
The foregoing conditions, individually and collectively, create a unique hazard to life and property and justify the local amendments adopted herein.
ALL CHANGES IN SECTION 2 ABOVE ARE HEREBY EXPRESSLY MARKED AND IDENTIFIED AS BEING SUBJECT TO FINDINGS 1, 2 AND 3 ABOVE.
SECTION 4. Urgency Declaration.
The City Council declares that the adoption of this Ordinance is necessary for the immediate preservation of the public peace, health, and safety. This declaration is based on the findings set forth in the recitals above, which are incorporated herein by this reference.
SECTION 5. CEQA Findings.
The City Council fmds that this Ordinance is (i) categorically exempt from CEQA under Guidelines §§ 15307 and 15308 and (ii) not a "project" under Guidelines § 15378 because there is no possibility that the activity in question may cause a reasonably foreseeable direct or indirect physical change in the environment.
SECTION 6. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.
SECTION 7. Codification.
The City Clerk is authorized and directed to cause the provisions of this Ordinance to be codified into the Yucaipa Municipal Code. The City Manager is authorized to take all actions necessary to effectuate the intent of this Ordinance.
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SECTION 8. Effective Date.
This Urgency Ordinance shall take effect immediately upon its adoption by at least a four -fifths (4/5) vote of the City Council.
SECTION 9. 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 25th day of August, 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Pacifico, City Attorney
Director of General Services/City Clerk
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Item No. 13
AGENDA REPORT
DATE: August 25, 2025
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 SUBJECT: Freeway Corridor Specific Plan Update (Case No. 24-044/GPA/SPA) & Pacific Oaks Commerce Center (21-196/CUP/ARC/TPM):
The existing Freeway Corridor Specific Plan (FCSP), adopted in November 2008, allows for development of up to 2,447 residential units on 424.7 acres and up to 4,585,779 square feet of nonresidential uses on 242.7 acres within the 1,242-acre plan area. The proposed update to the FCSP (Case No. 24-044/GPA/SPA) would result in a total of 2,472 residential units and 5,093,265 square feet of non-residential uses. As a result, the proposed Project would result in an increase of 25 residential units, 2,786,461 square feet of Business Park (BP), and a reduction of 2,278,976 square feet of Regional Commercial (RC) compared to the existing FCSP. The Proposed Project also includes development of the Pacific Oaks Commerce Center (21- 196/CUP/ARC/TPM), which consists of the development of two (2) buildings with warehouse and office spaces, totaling 2,054,000 square feet of building space, as well as truck parking and docking bays, consistent with the provisions included in the FCSP Update. (Tabled from September 23, 2024)
RECOMMENDATION:
That the City Council conduct a public hearing regarding the Freeway Corridor Specific Plan (FCSP) and the Revised Final Supplemental Environmental Impact Report (SEIR), as well as Case No. 21- 196 for the Pacific Oaks Commerce Center, and based on the direction provided in prior City Council Meeting discussions:
1) Adopt Resolution No. 2024-19, approving the Freeway Corridor Specific Plan Update with the items listed in the errata; certifying that the Revised Final Subsequent Environmental Impact Report (SEIR) has been completed in compliance with the California Environmental Quality Act (CEQA); accepting the mitigation measures identified in the Final SEIR; adopting Findings of Fact; and adopting a Statement of Overriding Considerations; and 2) Approve the Introduction and First Reading of Ordinance No. 448, an Ordinance of the City Council, of the City of Yucaipa, California, amending Ordinance No. 343, amending of the official land use plan and zoning ordinance of the City of Yucaipa; and 08/25/2025 City Council Agenda
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3) Approve the Conditional Use Permit (Case No. 21-196), subject to the Conditions of Approval as contained in the Agenda Report, and if acceptable, approve the Architectural Design and preliminary landscaping, for the Pacific Oaks Commerce Center Project (POCC); and
4) Adopt the Findings as contained in the Agenda Report; and 5) Approve the Mitigation Monitoring and Reporting Program; and direct Staff to file a Notice of Determination.
The City Council may make modifications or add additional Conditions of Approval as necessary as part of a motion.
BACKGROUND/DISCUSSION:
The underdeveloped area along Interstate 10 has always been a key component to the City's long- term fiscal plan. In 2008, the City Council authorized over $750,000 from the General Fund for the preparation and environmental review of the original Freeway Corridor Specific Plan (FCSP). After years of inactivity due to market conditions, the City of Yucaipa was awarded multiple grants totaling over $250,000 and began preparation of an update to the 2008 Freeway Corridor Specific Plan (FCSP) in 2020. In March of 2022, the City Council then directed staff and executed a professional services agreement with Placeworks to prepare the necessary environmental review documents for the FCSP Update effort. In total, more than $2.25 million has been committed from the General Fund, in addition to grant monies, to help initiate economic development in the FCSP area to support the City's financial future. After 28 months of effort and processing, the Supplemental Environmental Impact Report (SEIR) and updated FCSP were presented to the Planning Commission in a public hearing setting and subsequently to the City Council as follows:
August 26, 2024, City Council Hearing:
At the beginning of the August 26, 2024, meeting, the City Council voted to continue the FCSP to the September 23, 2024, City Council meeting. No deliberation on the item occurred at that meeting.
September 23, 2024, City Council Hearing:
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 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. 08/25/2025 City Council Agenda
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April 28, 2025, City Council Study Session:
Following the September 23, 2024, City Council Hearing, staff incorporated the known feasible concerns/requests from property owners/stakeholders within the FCSP and conducted public outreach at a community festival and through a survey to help focus the revisions to the FCSP Update that could best shape a corridor that accommodates the projected economic growth and community needs.
Based on the feedback, five potential land use alternatives were presented to the City Council. 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 of 2024. This enhanced version included flexibility and enhanced benefits for the various property owners and the City.
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 one of the options presented (Option 4).
May 12, 2025, City Council Discussion:
Five potential land use alternative options were presented to the City Council, including an alternative received from one of the property owner's representatives. The City Council ultimately provided direction to move forward with one of the alternatives (identified as Option No. 3), which is the land use plan included in this FCSP Update proposal. This option 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. That option also followed the original vision and goals of the 1992 General Plan as well as the adopted 2008 FCSP, which was led by a Council -appointed committee, but modified to reflect the realities and proposals of what has occurred since 2008. In addition, items from the former Errata sheet, which contained suggested changes/edits to the plan, were also incorporated.
Concurrent with the City Council study sessions, a series of stakeholder meetings were conducted with property owners, developers, and other community members to better understand the challenges and needs of the economic market to guide the FCSP update in a manner that would support the future development that has been planned since the City incorporated. The feedback from these discussions were then incorporated into the Update and balanced between the community's desire to preserve key natural viewsheds and to protect the natural environment while considering that General Fund resources were being used to facilitate private development opportunities.
Lastly, the Update focused on elements that could reduce the cost of infrastructure, environmental review/permitting and costly environmental impact mitigation efforts to better make future projects financially viable. Specifically, any significant construction work within natural drainage areas that provide a marginal increase of developable land area were avoided to reduce the net cost of entitlement and development in the millions of dollars, and to reduce the City's long-term financial commitment to maintain such infrastructure. For the properties with these avoided areas, the property owners retain the option and ability to develop in these natural drainage areas in the future at their expense by processing an amendment to the FCSP and the SEIR environmental review document.
Including development in the natural drainage areas in this proposed Update would result in additional General Fund costs to the City for the environmental review, identification of environmental impact mitigation efforts and infrastructure costs. However, the plan in its proposed form would increase the development feasibility and net value relative to the existing FCSP. 08/25/2025 City Council Agenda
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The following sections and related documents reflect the same information that was previously provided to the City Council at the 4 public meetings identified above with necessary changes made consistent with the City Council's direction on May 12, 2025, to move forward with Option No. 3.
What is a Specific Plan?
A Specific Plan provides policymakers with the ability to prepare and adopt development and/or design standards and guidelines within a targeted area of the City. Although it is not a part of the General Plan, a Specific Plan must adhere to, and be consistent with, the City's land use policies that are established in the General Plan. Ideally, a Specific Plan provides guidance to landowners or developers without stifling opportunities or imposing inflexible regulations that preclude creative development responses. With its tailored standards and general direction for future development within a specific area of a community, Specific Plans work to leverage the opportunities of the area beyond what could otherwise be achieved through a city-wide zoning ordinance.
This before (left) and after (right) photos show how the City's specific plan for the Uptown led to positive and transformative growth of a key area
Policy Determination:
A Specific Plan itself does not directly relate to a specific project application but instead reflects a more global policy change for an area, which in turn will govern future projects that come forward.
The findings specific to the adoption of a Specific Plan within the City of Yucaipa are listed under Section 83.020310 of the Yucaipa Development Code and are listed below. It should be noted that the Freeway Corridor is currently governed by an existing Specific Plan and that the proposed Project is intended to modify the existing layout and standards to reflect the challenges, needs, and opportunities for today.
Findings:
"Prior to taking an action to adopt or amend a Specific Plan, the Planning Agency shall find that the proposed Specific Plan or amendment satisfies all of the following conditions. a) Is consistent with the General Plan
b) Specifies through text and/or diagrams the distribution, location, and extent of the uses of land, including open space, within the area covered by the plan 08/25/2025 City Council Agenda
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c) Specifies through text and/or diagrams the proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan
d) Specifies through text and/or diagrams the standards and criteria by which development will proceed and standards for the conservation, development, and utilization of natural resources, where applicable
e) Specifies a program of implementation measures including regulations, programs, public works project, and financing measures necessary to carry out Findings (b), (c) and (d) above
f) Includes a statement of the relationship of the Specific Plan to the General Plan, Development Code, and any applicable plan
g) Addresses any other subjects which are necessary for implementation of the General Plan"
Decision makers need to identify the elements for the Findings and confirm that any such Specific Plan meets these requirements to formally approve the policy.
Location:
The 1,242-acre FCSP area is in the City of Yucaipa in San Bernardino County. The FCSP is bisected by Interstate 10 (I-10) and abuts the Riverside County boundary to the south. Regional access to the Project is provided by I-10 from the east and west. Local access is provided by Live Oak Canyon Road, County Line Road, Oak Glen Road, Wildwood Canyon Road, Colorado Street and Calimesa Boulevard. Land uses in the FCSP consist primarily of agricultural land (ranching and farming), a limited number of residences, a wastewater treatment plant, and miscellaneous commercial uses such as an outdoor pottery store and storage. The Live Oak Canyon Pumpkin Factory operates seasonally, with its peak season in the fall. Their farm also operates a corn maze (fall only), carnival -type rides and games, tractor/hayrides, pony rides, petting zoo, Christmas Tree sales (winter only), U-pick pumpkin patch, and concessions (fall only) during the fall and winter seasons. The Henry N.
Wochholz Regional Water Recycling Facility (WRF) is owned and operated by the Yucaipa Valley Water District (YVWD). This land use is isolated from the other areas in the FCSP and can only be accessed via a secondary road from County Line Road. The FCSP Update identifies these parcels as "not a part" (N.A.P.) of the Proposed Project because it is solely owned by the YVWD. 08/25/2025 City Council Agenda
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Map of the FCSP Area
Current Freeway Corridor Specific Plan:
In January of 2005, the City Council committed approximately $750,000 in General Fund Resources and directed staff to proceed with the issuance of a Request for Proposal for consultant services to prepare a Freeway Corridor Specific Plan (FCSP) and Program Environmental Impact Report (EIR) for 1,242 acres of (mostly) undeveloped properties along the I-10 Freeway corridor. Prior to this effort, the area was designated as Planned Development, which was to facilitate a variety of potential uses. During the initial development of the FCSP framework was the establishment of the primary "Planning Objectives" that would guide the overall preparation of the FCSP:
1. Maintain the impression of Yucaipa as a quality rural community.
2. Ensure that resultant development both meets the needs of City residents and brings in tax revenues.
3. Provide appropriate land use intensity and density that leads to economically viable development opportunities for the affected property owners.
In February and March of 2006, different potential land use plans were presented to the Planning Commission and the City Council to find the "Preferred Alternative." On November 7, 2007, the Planning Commission held a public hearing to consider the final draft of the FCSP, the final draft of the Design Guidelines, the Final EIR, a Statement of Overriding Considerations, and the Mitigation Monitoring Plan. At the conclusion of this hearing, a majority of the Commission supported a recommendation to the City Council for the approval of the Specific Plan and its related documents.
However, at about this same time, the City Council was beginning to evaluate various options in its then update for the General Plan Housing Element, and one of the major issues involved meeting the allocation of "adequate sites" to accommodate the City's "fair share" of the Regional Housing Needs Assessment (RHNA) from the Southern California Association of Governments (SCAG). The Preferred Alternative was then amended to include areas for affordable housing, and the overall 08/25/2025 City Council Agenda
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updated plan was then adopted On November 24, 2008. The existing plan allows for the following development:
Allowed Development within FCSP (Today)
Residential Units
Non -Residential (sq. ft.)
2,447
4,585,779
Since its adoption in 2008, the only changes in development that has occurred are the approvals of a 366,423-square-foot speculative industrial warehouse building located on five parcels totaling 19.32 gross acres at the northwest corner of 7th Place and County Line Lane within the Regional Commercial district, as well as a Conditional Use Permit associated with the continued use of the Pumpkin Factory. It should be noted that warehousing uses are already allowed in the FCSP but may occupy prime and highly -visible areas that were intended for retail spaces.
General Plan Land Uses
R-1 - Rural Living
R-2 - Single Residential
R-4 - Single Residential
- R-8- Single or Multiple Residential
R-24 - Multiple Residential
PUB - Public Facilities
▪ BP - Business Park
▪ CR - Regional Commercial
052 - Open Spate
Existing FCSP Land Use Map
Freeway Corridor Specific Plan Update Intent:
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The FCSP area includes the largest undeveloped area in Yucaipa, comprised of 1,238 acres of land, and is poised to capture a portion of the regional demand for commercial and residential uses. Its original intent was to provide job growth opportunities for the community and was one of the key strategies for providing housing opportunities that could meet the Regional Housing Needs Assessment (RHNA) during prior housing cycles. The existing FCSP was originally developed in 2007/8, right before the great recession that resulted in dramatic changes to the retail and commercial industry. Since the adoption of the FCSP, the City has also completed a comprehensive General Plan update that was adopted in 2016. In total, these changes, along with feedback from property owners 08/25/2025 City Council Agenda
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within the FCSP, indicate that the current FCSP is deficient in a variety of areas that effectively hinder the ultimate development and potential community benefits of the site to meet the goals of the General Plan.
To help address the development potential and viability of the FCSP area, the City applied for and was awarded several grants from Southern California Association of Governments (SCAG) that have been combined to complete an update to the FCSP. Among the key objectives for the update is to address the significant market changes in the development industry that have occurred since its adoption to ensure its viability; one of the core elements of the original Planning Objectives.
Per the General Plan, the FCSP objective is to provide for a complete community and is situated in an ideal location to integrate with local and regional transportation systems, and the refined community objectives from the General Plan will help guide the Project. One final component was ensuring that the proposed housing capacity would effectively meet market demands and that the buildout of the FCSP would allow the City to meet its RHNA requirements in current and subsequent Housing Element cycles. Without changes to the plan, the existing "R-24" designated sites would become ineligible as housing sites used in the City's future planning efforts related to meeting the RHNA.
Key Design Direction for Update:
Through a series of study sessions, the City Council provided direction on key elements that should be incorporated into the plan. As noted previously, the fundamental economic benefits of the area were one element that was prioritized to ensure that the FCSP met the expectations and policies that are listed in the General Plan. To maintain a more rural environment, Council prioritized viewsheds that are to be protected and/or enhanced with the development of the area. As part of this consideration, less attractive buildings such as warehouses should be obscured from visible line of sights from the I-10 Freeway. The City Council also identified key opportunity areas that should be used for open space, recreational areas, and connectivity; and further provided requirements for the Open Space areas to achieve those goals. This included removal of any required total acreage of open space, and instead provided a deliberate prioritization of using open space to preserve key viewsheds, as well as the use of open space as a buffer between different uses and planning areas within the Plan, and allowing these areas to provide increased recreational opportunities, such as multi -use trails, to provide a greater community benefit relative to the existing plan. Further, landscaped slopes used for site grading or agricultural activities, such as pumpkin or vineyard plantings, would also be permitted in these areas.
Freeway Corridor Specific Plan:
Specific Plan Format:
The FCSP is comprised of seven (7) sections that cover the following topics:
I — Introduction: Includes a brief introduction to the purpose of the FCSP and the organizational layout of the document. The section also includes the Project Vision as well as the Planning Objectives, which are carried over from the existing FCSP with only minor modifications to better fit market demands.
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II — Baseline Conditions: Includes a detailed summary of the existing conditions of the Project area as they existed at the initiation of the FCSP, including pertinent physical details of the area as well as notable projects along the I-10 corridor. The market conditions related to the proposed development are also identified for a high-level understanding of the plan, as well as the market shifts since the original FCSP was adopted.
III — Project Description: Includes a detailed outline of the development proposed for the FCSP boundaries, including key concepts that shall drive the ultimate development of the area, as well as the approach for utility and infrastructure development for the area.
IV — Development Standards: Includes a detailed outline of the development proposed for the FCSP boundaries, including the development standards that would apply for the land use designations that are proposed onsite, as well as grading standards, sign regulations, and a list of the permissible uses.
V — Design Guidelines: Includes a general description of the City's expectations regarding the final design of the built environment to be implemented by the FCSP, and compliance with the Guidelines would ensure the development features high -quality landscape and architectural design. Consistent with other development projects, the architecture of the future development would be subject to review by the City's Planning Commission. The section also integrates with the City's adopted Citywide Design Guidelines, which include details for commercial development along this key gateway, as well as objective standards for multiple family housing.
VI — Implementation: Includes the administrative processes, review and enforcement of the FCSP, as well as phasing and funding approaches to best ensure the orderly development of the FCSP area.
VII — Appendix A: Includes the definitions used in the plan.
Land Use Plan/Districts:
The development of the FCSP results in detailed development standards and implementation measures to which future projects located within the specified area must adhere, and in effect creates new zoning to achieve the intended goals for that area. The proposed Project is an update to the FCSP to guide development within the 1,242-acre plan area.
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The Updated Land Use Map — Note: flexibility is offered within the Open Space areas Land Use Sununary
Color
LU
Acres
Business Park (BP)
223.2
Regional Commercial (C)
104.4
Agricultural Tourism (AT)
47.5 I I
R-2
26.8 I I
R-4
42.9 1 1
R-6
35.3 R-8
26.6 R-12
104.8
II
R-24
53.9 ©
Existing ROW
15.1 Open Space- Conservation (OS-C)
147.3
Open Space (OS)
255.5
I
Mixed -Use
67.7 =E21
7 - 7
Not a Part (N.A.P.)
154.6
1 08/25/2025 City Council Agenda
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Proposed Project Buildout Statistical Summa
Designation
Acres
Dwelling Units
Population1
Non-residential SF2
Employees3
Residential
290.3
2,472
6,823
NA
NA
Regional Commercial (RC)3
104.4
NA
NA
1,100,761
791
Business Park (BP)4
223.1
NA
NA
3,992,503
1,891
Agro-Commercial Tourism (AT)4
47.5 NA
NA
NA
NA
Open Space (OS)5
225.6
NA
NA
NA
NA
Open Space — Conservation (OS-C)5
147.3
NA
NA
NA
NA
Existing ROW
15.1 NA
NA
NA
NA
Not a Part (N.A.P)6
154.6
NA
NA
NA
NA
Total
1,2387
2,472
6,823
5,093,265
2,682
Notes: Totals may not add to 100 percent due to rounding. SF = square feet; ROW = right-of-way.
Based on 2.76 people per unit (DOF 2022).
2 Based on the Specific Plan maximum allowable non-residential square footage. It should be noted that planning area BP 4 is the Caltrans rest stop and would remain a rest stop at buildout, as Caltrans currently owns this property. However, there is an agreement that should Caltrans close the rest stop, this property would revert to the Robinson Properties ownership. As a result, square footage associated with this acreage is accounted for to provide a conservative estimate of the potential BP land uses at buildout.
3 Based on 1,392 square feet per employee for RC uses and 2,111 square feet per employee for BP uses (SCAG 2001). 4 The Live Oak Canyon Pumpkin Factory has associated employment, but there are no changes to this land use between existing conditions and the Proposed Project scenarios.
5 Open Space (OS) and Open Space -Conservation (OS-C) acreage is estimated based on the conceptual grading plan. 6 The WRF is identified as Not a Part in the FCSP Update because it is solely owned by the YVWD. 7 Acreage for the FCSP Update based on GIS. This four -acre difference between the 2008 Specific Plan acreage (1,242 acres) and the Specific Plan Update acreage (1,238 acres) is based on minor differences in how the boundary was mapped in 2008 and attributed to existing ROW.
As shown in this table, the proposed Project would result in a total of 2,472 residential units and 5,093,265 square feet of nonresidential uses. The acreages shown provide for the anticipated development area, but may adjust based on the ultimate site design of individual projects, provided the total development capacity remains within scope of development assessed in the environmental review process. The FCSP includes a list of permitted, conditionally permitted, and prohibited land uses and development standards associated with the following land use designations:
Residential:
The FCSP allows for the following residential densities and product types:
• Residential (R-2/R-4). Allows for 2 to 4 dwelling units per acre (du/acre). Accommodates single-family residential uses that serve as a transition to existing low -density development adjoining the FCSP area. R-2 refers to 2 du/ac, and R-4 refers to 4 du/ac. • Residential (R-6). Allows for 4.1 to 6 du/acre. Accommodates detached single-family residential uses.
• Residential (R-8). Allows for 6.1 to 8 du/acre. Accommodates a range of attached and detached single-family residential uses, including small -lot single-family and cluster housing.
Also allows for low -scale multifamily product types.
• Residential (R-12). Allows for 8.1 to 12 du/acre. Provides for a range of attached and detached single-family residential uses, including small -lot single-family and cluster housing. Also allows for multifamily product types up to 12 du/acre.
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• Residential (R-24). Allows for 12.1 to 24 du/acre. Provides higher density, small -lot, single- family detached housing; attached housing such as duplexes and walk-up townhomes; and multifamily residential including courtyard housing and stacked flats. Pursuant to the Open Space Standards of the Specific Plan (see Section 4.7 of the FCSP), single-family residential development with lot sizes less than 10,000 square feet are required to provide one pocket park of at least 10,000 square feet for each 50 dwelling units.
The residential densities remain within the existing maximum range of the existing FCSP; however, a greater number of units are placed within the mid -density range to better accommodate attainable housing options for Yucaipa residents. In addition, the R-12 is a newly established classification, which aligns with the market demand related to first-time homebuyers.
Regional Commercial (RC)
Intended to accommodate commercial retail and services, lodging, office uses, recreation and entertainment uses, and similar compatible uses that support the local and regional economy. Pursuant to the Open Space Standards of the Specific Plan (FCSP Section 4.7), Commercial uses are required to provide development area for common open space in the form of plazas, landscaped courtyards, and/or squares, as indicated in the Specific Plan Design Guidelines.
Mixed use opportunities: In RC areas that adjoin residential areas, a mixed -use development approach may be used, which allows greater flexibility in site design and neighborhood character where these uses intersect.
Business Park (BP)
Provides for light industrial and office uses, including light manufacturing; wholesale/warehouse uses, including high cube warehousing; logistics/distribution centers; contract/construction services; transportation services; agriculture support services; incidental services; and similar uses. A wide variety of tenants may occupy buildings within the space, including traditional warehousing uses, to point of sale retail, to manufacturing and bio-medical engineering. Pursuant to the Open Space Standards of the Specific Plan (FCSP Section 4.7), Business Park land uses are required to provide development areas for common open space in the form of plazas, landscaped courtyards, and/or squares, as indicated in the Specific Plan Design Guidelines.
It should be noted that the existing FCSP has the same list of allowed/conditionally permitted uses for both the RC and BP, which meant that areas intended for industrial or those meant for commercial would not necessarily be implemented. As a result, a greater distinction was made between the two (2) different land use classifications so that key areas that are more highly visible from I-10 would support the regional commercial activities, and areas that are intended for industrial and warehousing uses could be situated in more discrete areas of the FCSP area.
Agro-Commercial Tourism
Provides for agricultural-themed commercial uses, including sales of produce, pumpkins, and agriculture -related goods, along with supporting businesses such as restaurants and overnight accommodations that cater to the agricultural tourism industry and can enhance the commercial 08/25/2025 City Council Agenda
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benefit of the facility. This designation is intended to support the ongoing operations of the existing Pumpkin Factory and allow for the continued viability of this regional amenity.
Open Space (OS)
Approximately 355.6 acres, 21 percent of the FCSP, allows for agriculture -related activities where appropriate and for buffering and transitions between different land uses. Grading activities may be permitted in the Open Space designation provided that vegetated slopes that feature contour grading are implemented to maintain a naturalistic appearance.
As part of the existing FCSP, areas that were designated as Open Space were identified to be "natural open space," however, agricultural, and grazing operations have historically occurred on site, and in other areas, site grading or trenching had also already occurred in these areas, meaning that "natural" areas were not actually in a natural condition. Other areas that were in blue line streams, which should be preserved and are hard to develop, were not designated as open space. As a result, the update prioritizes the use of open space as functional open space that can best support the necessary transitions between uses, and areas that are meant to be natural and that should be protected for biological resources are now included in a new Open Space — Conservation District.
FCSP Update
An illustrative plan that shows the future areas of key land use types within the FCSP without the functional open space areas shown Open Space — Conservation (OS-C)
Approximately 147.3 acres, 12 percent of the FCSP, is to be dedicated to Open Space -Conservation that includes ridgelines, hillsides, natural drainage courses, natural vegetation, sensitive habitat areas and the prominent views that had been identified by the City Council that would be preserved. 08/25/2025 City Council Agenda
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Comparison:
The proposed Project would result in increases of 25 dwelling units and 69 people, a reduction of approximately 2.28 million square feet of Regional Commercial (RC), an increase of approximately
2.79 million square feet of Business Park (BP), and a reduction of 317 employees. As noted previously, the Planning Objectives from the existing FCSP were upheld with the proposed Project.
Further, the lack of distinction between allowable uses within the Regional Commercial and Business Park were clarified with the FCSP update to create a more deliberate development pattern.
Buildout Comparison of the Proposed Project to the Approved Project Dwelling Units
Population
Regional
Commercial
(RC) SF
Business Park
(BP) SF
Total Non -
residential SF
Employees
Approved Project
2,447
6,754
3,379,737
1,206,042
4,585,779
2,999
Proposed Project
2,472
6,823
1,100,761
3,992,503
5,093,265
2,682
Net Change
25 69
-2,278,976
2,786,461
507,486
-317
Notes: SF = square feet; RC = Regional Commercial; BP = Business Park. There is no change associated with the existing pumpkin farm.
Infrastructure:
Circulation:
The internal circulation system for the FCSP would consist of a hierarchy of roads and trails to accommodate vehicles, bicycles, pedestrians, and equestrian circulation. The circulation system has been designed to enhance visual and physical connectivity between neighborhoods, open space, and other uses in the area. The Project provides new collector streets, local streets, and trails in the FCSP.
The FCSP would provide a vehicular circulation system south of I-10 that provides a physical connection between Live Oak Canyon Road and County Line Road. This vehicular connection would be circuitous to discourage high-speed, cut -through traffic yet accommodate convenient access for residents. An additional connection is also planned as part of the proposed Wildwood Canyon Road at Interstate 10 Freeway Interchange, which is under review through the California Department of Transportation (Caltrans).
In tandem with the traffic -calming vehicular circulation system, enhanced bicycle and pedestrian trail networks would provide connectivity within and between the neighborhoods in the FCSP. A multimodal trail is also planned through the connection of Live Oak Canyon Road to County Line Road, with a refined design that would place access within the open space -designated areas, rather than the proposed Business Park, to allow for a more scenic pathway for residents. Another key feature is relocating the primary internal roadway network away from the Pumpkin Factory location, as the existing FCSP would require that site to be bisected to provide circulation to the rest of the FCSP south of Interstate 10.
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Sperfic Plan Boundary
Gammercial Collector Street Residential Collector Street Conceptual layout of roadway infrastructure for the FCSP i,asa
Scale {feet]
Water:
Connections to existing water pipelines in the adjacent neighborhoods would be necessary to provide water service to the new neighborhoods in the FCSP. Water pipelines must be sized to adequately service the plan area's water demands, as required by the serving agency- water service is provided by YVWD, Western Heights Water Company, and South Mesa Water Company. Two (2) different types of pipelines are used to convey water to the plan area —transmission pipelines and distribution pipelines. Transmission pipelines transport water from offsite and on -site reservoirs to the FCSP, and distribution pipelines transport water from the backbone system to individual users. The YVWD requires a minimum size of eight (8) inches for distribution piping, but the FCSP shows that 16-inch- diameter potable -water pipelines and 12-inch-diameter non -potable -water pipelines are proposed to ensure adequate hydraulic flow and pressure and would generally parallel potable water pipelines.
These 8-inch and 16- inch diameter sizes are preliminary, and the water pipeline network would meet all development guidelines once the development plan and street layout are finalized.
Sewer:
Currently, five (5) main wastewater trunk lines traverse the FCSP: 1) along Calimesa Boulevard, 2) along Colorado Street, 3) along Florida Street west of Live Oak Canyon Road, 4) extending north - south from and along Cienega Drive ROW and across the I-10 to the existing WRF in the southwest area of the FCSP, and 5) extending east -west just north of the County Line Road. The area also contains an existing wastewater pump station south of the freeway and east of Live Oak Canyon Road. New neighborhoods in the plan area would receive sewer service by connecting to existing facilities. The sanitary sewer system would be designed and constructed consistent with YVWD standards and maintained by YVWD.
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Other:
The development within the FCSP Update would be subject to a Community Facilities District to offset the associated costs for emergency services for the entire plan area. In addition, taller projects, such as the R-24 and BP areas, would be subject to a fair share cost reimbursement for the City's purchase and use of an aerial fire apparatus.
The FCSP leverages projects that would appropriately pay for and use an aerial "hook and ladder" truck General Plan Amendment:
When the FCSP was first adopted, the City approved a General Plan Amendment to change the original land use designation of the site, which was Planned Development (PD), to those specified in the plan. However, the City has not had a consistent practice when it comes to incorporating Specific Plans into the General Plan Map because of our "one -map" system. As a result, only the FCSP has specifically included its adopted land use designations into the General Plan Map; other specific plans have kept the underlying districts that were in place before those plans were adopted (although text in the General Plan incorrectly states that the approved Uptown districts were also included in the General Plan map). General Plan Figure CDL-2, Land Use Plan, currently references the existing FCSP districts, and an update to the figure is required if the proposed Project is approved. Ordinance No. 448 is proposed as part of the FCSP update to redesignate the planning area as PD, as this designation best meets the location criteria shown in Table CDL-1 of the General Plan, with the not - a -part YVWD facility proposed to revert to Institutional (IN). Future amendments to the General Plan are also planned to create a consistent approach for all the City's specific plans with respect to CDL-
2. Pacific Oaks Commerce Center:
Concurrent with the City's development of the FCSP Update, a project application was received for the Pacific Oaks Commerce Center (POCC). As the City was already exploring the best approaches for the update, and conversely, a Specific Plan Amendment would have been otherwise necessary to address the proposed land use configuration of the POCC and to also deal with residential no -net -loss provisions, the policy -level document of the FCSP and the project -level review of the POCC are being proposed together in order to best assess and analyze the two (2) different efforts. The applicant for the POCC, Pacific Industrial, is therefore requesting the approval of the Conditional Use Permit for 08/25/2025 City Council Agenda
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the development of two tilt -up concrete buildings for warehouse uses, which are conditionally permitted within the FCSP BP Land Use Designation. This item is being presented concurrent with the FCSP Update as members of the public have referenced this specific entitlement within the overall discussions of the FCSP Update. The following sections highlight the POCC.
POCC Details:
The POCC is proposed within planning areas BP 2 and BP 3, and consists of two (2) warehouse buildings, additional truck parking, and open space. Building 1 would have 1,032,500 square feet of warehouse and 20,000 square feet of office use, for a total of 1,052,500 square feet of building space.
Building 2 would have 981,500 square feet of warehouse and 20,000 square feet of office use, for a total of 1,001,500 square feet of building space. Each building also would allow up to 25 percent of the building square footage for cold -storage uses. As a result, the POCC would result in development of up to 2,054,000 square feet, with the following details noted in the table below:
Pacific Oaks Commerce Center Buildout
Land Use
Acres
Building SF
Docking Bays
Trailer Stalls
Auto Stalls
Parcel 1 — Residential Pad1.2
29.53 —
—
—
—
Parcel 2 — Residential Pad' . 2
32.04 —
—
—
—
Parcel 3 — Building 1
60.27 1,052,500
178
410
515
Parcel 4 — Open Space
65.82 —
—
—
—
Parcel 5 — Open Space
30.04 —
—
—
—
Parcel 6 — Trailer Parking3
29.68 —
—
322
—
Parcel 7 — Building 23
65.53 1,001,500
178
326
471
Total
312.91
2,054,000
356
1,058
986
Notes: SF = square feet.
1 The Pacific Oaks Commerce Center project does not include development of residential land uses. The acreages for Parcel 1 and Parcel 3 are included because of the need to grade these parcels during construction of the southem portion of Wildwood Canyon Road and the parcels associated with the warehouse buildings and trailer parking. These sites are designated for future residential uses pursuant to the Specific Plan. 2 The FCSP identifies PA 12 as 35.2 acres whereas Parcel 1 and Parcel 2 of the Pacific Oaks Commerce Center project total 61.57 acres. This is because the Specific Plan excludes manufactured slope in the land use density and intensity calculations. For Parcel 1 and Parcel 2, there are 26.37 acres of manufactured slope (43 percent of the total acreage of Parcel 1 and Parcel 2), which is included in the 553 acres of open space. 3 The FCSP identifies BP 3 as 71.3 acres whereas Parcel 6 and Parcel 7 of the Pacific Oaks Commerce Center project total 95.2 acres. This is because the Specific Plan excludes manufactured slope in the land use density and intensity calculations. For Parcel 6 and Parcel 7, there are 23.9 acres of manufactured slope (25 percent of the total acreage of Parcel 6 and Parcel 7), which is included in the 553 acres of open space. 08/25/2025 City Council Agenda
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POCC Site Layout
Parking:
Each warehouse building would provide 178 truck docking bays for a total of 356 truck docking bays in the POCC Project area. Building 1 would provide 410 truck parking stalls and 515 auto parking spaces. Building 2 would provide 326 truck parking stalls and 475 auto parking spaces. Building 2 can also be connected to an additional parking lot that would accommodate 322 truck parking stalls.
This parking lot would be on a separate parcel and would be used either for overflow parking or as standalone use. As a result, the POCC would provide for a total of 1,058 truck parking stalls and 986 auto parking spaces on -site. Pursuant to Sections 5.106.5.2 and 5.106.5.3.2 of the 2022 California Green Building Standards Code, 32 of the parking spaces would be designated for low -emitting, fuel efficient, and carpool/vanpool vehicles, and an additional 99 spaces would be designated for electric vehicles (California Code of Regulations, Title 24, Part 11).
Access:
Access to the POCC site would be from a newly constructed public roadway (i.e., southern extension of Wildwood Canyon Road) that would connect to Live Oak Canyon Road. Since the Wildwood Canyon Interchange Project would not be constructed until after buildout of the Pacific Oak Commerce Center project, the newly constructed roadway would terminate just north of Building 2.
Building 1 would be accessible via two (2) 50-foot-wide driveways. Both driveways would give full access to both trucks and passenger vehicles. Building 2 would be accessible via three (3) driveways —two (2) would be 50 feet wide for full access for trucks and passenger vehicles, and one (1) would be 30 feet wide to provide additional access only for passenger vehicles to the parking lot.
Emergency access would be available through the YVWD facility until the Wildwood Canyon Interchange Project and the adjoining property east of their site are developed. 08/25/2025 City Council Agenda
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Site Grading:
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One of the key driving factors for the POCC site design is to 1) leverage the hillside adjacent to I-10 to effectively screen the buildings from public view, particularly viewsheds for those traveling along I-10, and 2) allow for the site to balance all of the earthwork needed to from the pads onsite, meaning that there should be no import or export needed of dirt to the site. 08/25/2025 City Council Agenda
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The following renderings provide a street -oriented view of where the project is located. These renderings are not meant to be a marketing -type of exhibit, and therefore no trees or landscaping are shown. However, the areas depicted in green represent the property itself, and the building locations are shown in grey. In the key community viewpoint areas, the buildings would not be visible. 08/25/2025 City Council Agenda
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The site grading within the new road to the warehouses limits visibility until one approaches the entrances.
No portion of the building is visible from this view along 1-10. 08/25/2025 City Council Agenda
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No portion of the building is visible from the EB I-10 offramp at Live Oak Canyon. 08/25/2025 City Council Agenda
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BEFORE
AFTER
An additional rendering was created to show the view from the higher elevation of Colorado Steet.
Limited portions of the buildings may be visible, as well as the future development proposed as part of the Mesa Verde Specific Plan in Calimesa.
Infrastructure Enhancements:
This project is required to provide utility (water, sewer, electrical, telecommunications, etc.) infrastructure improvements to the area. One of the more notable infrastructure improvements that would occur is the construction of approximately 20,690 linear feet of off -site domestic public water 08/25/2025 City Council Agenda
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pipelines to the POCC. The new connection would begin at Avenue D and Oak Glen Road to the north and run south under the I-10 within Live Oak Canyon and then easterly in the new proposed road leading to the POCC project. This water infrastructure would provide a direct benefit to other projects within the FCSP area and would also tie in roadway pavement improvements to Oak Glen Road.
Another key improvement would be along the Live Oak Canyon roadway segment. As part of the analysis of the POCC, traffic counts were collected in October to best incorporate the roadway demands that would occur during the peak Pumpkin Factory season. Roadway improvements have been conditioned that would improve the Level of Service from both the demands of the FCSP development, including the POCC, but also for those that are associated with the seasonal attraction that brings visitors throughout the region to the City of Yucaipa.
Parcel Map:
As part of the site configuration of the POCC project, Parcel Map 20533 is proposed which would consolidate the different parcels to the layout of the POCC buildings and residential areas. The final configuration of the map may adjust as needed to ensure that future lot boundaries align with the different elements of the POCC development.
Architectural Review:
POCC Architectural Rendering
The applicant has submitted an architectural design package for the proposed warehouse and the preliminary landscape plan design for the overall site (attached) and requests approval as required in the Conditions of Approval. The proposed concrete tilt -up building includes a craftsman -inspired 08/25/2025 City Council Agenda
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architectural style that provides building finish colors and materials, along with architectural detailing that ties in with the intended style, while recognizing the form and building mass requirements for the proposed use and the associated method of building construction. The main entrance to the buildings, located along the corners of the structure, have been designed within a decorative tower element that includes a gable roof design with standing seam metal, and a vertical standing seam along the walls of the tower to provide a farmhouse -inspired design. This tower element is replicated along different sections of the building to further integrate the design. Outside of elevations that feature the truck dock doors, projecting elements are included that feature decorative parapet caps and clerestory windows. Additional efforts have been made to provide variable massing along the building to increase architectural interest, including variable building heights. While the architectural influence is the same, unique color palettes have been provided for each building to add a degree of distinction.
Additional POCCArchitectural Rendering
The preliminary landscaping plan has been designed to complement the building design and provide a visual screen along the perimeter of the site. The proposed Project includes drought tolerant ornamental landscaping that includes 24-inch box trees, with evergreens such as live oak trees, Mondell pines, and bottle trees, as well as deciduous trees such as sycamores. The design includes a shrub palette for background areas and foreground areas, and additional ground covers to screen the proposed building, infiltration/detention basin, and parking and loading areas. A separate natural planting palette is proposed for open space slopes. As noted in the site grading discussion, specific care was taken to ensure that the structure is not visible from the public right of way for I-10 or Live Oak Canyon Road. The landscaping has been conditioned to meet the City's Water Conservation Ordinance and will be subject to review by the City's contract Landscape Architect. 08/25/2025 City Council Agenda
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Project Related Revenue Projections:
The following list provides a simplified breakdown of the revenue associated with the POCC project.
However, this list does not include permitting fees, the ongoing CFD revenue, a fair -share payment for a ladder fire truck, or sales tax that would be associated with some sort of point -of -sale tenant. As a result, the one-time and ongoing revenues would be higher. Other investments also will include the necessary infrastructure upgrades to serve the plan area, including roadway improvements and the utility/water pipeline improvements noted previously. The total cost of the different infrastructure investments, which include utilities, drainage improvements, street widening, as well as the all- weather bridge crossing within Live Oak Canyon, and other roadway and utility improvements, were identified by the applicant to exceed 35 million dollars.
One Time Fees
School Fees —Calimesa Joint Unified School District
City of Yucaipa Development Impact Fees
Drainage Facilities Fees
Traffic Facilities Fees
Public Facilities Fees
Fire Facilities Fees
Total School and DIF Fees
$1,519,960
$1,835, 462
$8,877, 388
$1,195, 428
$706,576
$14,134,814
Recurring Revenues (Estimate)
Property Taxes - $2,225,328
City of Yucaipa allocation @ .24517699
Property Tax in Lieu of Vehicle License Fee
Total Recurring Fees
2024 estimated fees for the POCC Project
S545,599
$244,018
$789,617
It should be noted that the City adjusted its Development Impact Fee program in early 2025. Based on the current fee schedule, the following City of Yucaipa Development Impact Fees would apply:
Industrial
Starting Fee Multiplied by: Acres/Sq. Ft.
Drainage Facilities Ind
Traffic (circulation) Facilities Ind
Public Facilities Ind
Fire Facilities MEM Ind
$ 15, 227.00
$ 4,705.00
$ 744.00
$ 388.00
per acre
per 1,000 Sq. Ft.
per 1,000 Sq. Ft.
per 1,000 Sq. Ft.
155.48
2,054,000
2,054,000
2,054,000
$ 2,367,493.96
$ 9,654,070.00
$ 1,528,176.00
$ 796,952.00
Totals $14,35 x,691.96
Updated 2025 Impact Fee schedule
June 5, 2024, Planning Commission Hearing:
The update to the FCSP was reviewed by the Planning Commission at their regularly scheduled meeting of June 5, 2024. As part of the discussion, the Commission noted support for the ability of the FCSP to provide opportunities for commercial activity that can help serve Yucaipa residents and provide opportunities to increase the City's sales tax base. In addition, the Commission recognized the approach to the proposed POCC project's design, which satisfies the demand for warehouse/business park uses while limiting the visibility of such uses. 08/25/2025 City Council Agenda
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However, much of the discussion focused on the existing Pumpkin Factory site and the proposed Agricultural Tourism land use district. The Commission recognized the value of the existing use and the significance of their role in the community, and identified concerns that the proposed land use plan would create impediments to their operations into the future. As a result of these concerns, the Planning Commission voted to continue the FCSP Update to July 17, 2024, to allow time for staff and the Pumpkin Factory site to further refine the applicable provisions of the FCSP to best meet their needs.
July 17, 2024, Planning Commission Hearing:
Following the June 5, 2024, Planning Commission hearing, staff and the owner of the Pumpkin Factory discussed potential changes to the FCSP that would best meet their long-term goals for the site, as well as address the comments and concerns provided by the Commission.
As a result of these discussions, two potential directions were determined as feasible solutions. One option is to omit the Pumpkin Factory from the FCSP. Their previously approved Conditional Use Permit would continue to remain in effect and the current uses would remain as an allowable activity under the underlying Planned Development land use district. Alternatively, additional modifications to the FCSP could also be made. This includes the renaming of the "Agricultural Tourism" land use district to "Agro-Commercial Tourism," which would better highlight the commercial nature of the site while respecting the unique elements of the existing operations. In addition, other modifications that were supported by the owner are also included with the updated Errata sheet, which documents proposed changes to the FCSP that occurred after the public draft was circulated. The property owner included support for remaining within the plan, provided the errata was adopted to reflect the proposed changes and clarifying elements.
The Project was then presented to the Planning Commission at their July 17, 2024, hearing. The property owner for the Pumpkin Factory reiterated their support for the update. Members of the Planning Commission made a motion to recommend approval of the plan; however, the motion did not achieve a majority consensus, resulting in a denial of the recommendation. Feedback by a Commissioner noted that a greater emphasis on commercial land area was needed, and that additional time would have been helpful to suggest revisions that would address that concern; however, no formal findings for a denial were provided.
ENVIRONMENTAL REVIEW:
In conformance with CEQA, the State CEQA Guidelines, and the City of Yucaipa CEQA Guidelines, the City of Yucaipa serving as the Lead Agency has conducted an extensive environmental review of the proposed Project through the preparation of a Subsequent Environmental Impact Report (SEIR), which compares the implementation of the FCSP update relative to the existing FCSP and the analysis that had been previously completed. As a result, the City has met all the review requirements and procedural requirements of State Law, which are outlined below.
Analysis:
Through the Initial Study preparation and scoping meeting discussion, an SEIR was prepared addressing the following issues:
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• Aesthetics
• Air Quality
• Biological Resources
• Cultural Resources
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation/Traffic
• Tribal Resources
• Utilities and Service Systems
• Wildfire
A variety of technical studies, which are provided as appendices to the SEIR, provide substantiation to the environmental analysis for the Project. The analysis considered the "whole of an action," and assessed the construction -related impacts, as well as the operational impacts, including traffic impacts from the proposed changes from the existing FCSP.
The fundamental purpose of CEQA is to "inform decision makers and the public about the potential, significant environmental effects of proposed activities" and "disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose." Pursuant to Section 15043 of the CEQA Guidelines, a "public agency may approve a project even though the project would cause a significant effect on the environment if the agency makes a fully informed and publicly disclosed decision."
The Draft SEIR was made available for a 45-day public review period from February 8, 2024, to March 25, 2024. Several public and agency comments were received, and the responses to those comments and any necessary changes to the Draft SEIR are included as part of the Revised Final SEIR. The Revised Final SEIR also include the necessary information to disclose the changes from the updates to the FCSP Update, which did not create new nor more significant impacts from the analysis completed for the Draft SEIR.
Based upon the analysis that was conducted, the Project would continue to result in a significant and unavoidable environmental impact for Air Quality, Greenhouse Gases, and Noise. As a result, Findings of Overriding Considerations are required for the City Council to approve the Project.
Mitigation Measures:
The analysis within the SEIR identified a number of feasible mitigation measures that would reduce most of potential environmental impacts to below a level of significance. Mitigation measures are 08/25/2025 City Council Agenda
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provided for the following topics: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hydrology & Water Quality, Tribal Cultural Resources, and Wildfire. As required by State Law, the Project includes the adoption of a Mitigation Monitoring and Reporting Program, which has been prepared in conformance with Section 21081.6 of the CEQA Guidelines. The measures would be implemented throughout the development of the Project, as identified in the Mitigation Monitoring and Reporting Program (MMRP).
It is important to note that by including the possibility of construction and development in the natural drainage areas that were previously mentioned, the mitigation measures to reduce potential environmental impacts to below a level of significance would be very costly and would greatly extend the permitting review timeline. In addition, these mitigation measures would have to be identified and included in the Mitigation Monitoring and Reporting Program which would require additional environmental review resulting in additional costs.
It should be noted that traffic impacts related to Level of Service (LOS) are not considered an environmental impact under CEQA and are therefore not included in the MMRP. However, the measures that would address LOS will be included as Conditions of Approval for each relevant project to ensure that traffic flows remain within the standards listed in the City's General Plan.
CONCLUSION:
The FCSP is a policy decision that requires the City Council's consideration and formal action following its review by the Planning Commission. The FCSP has historically represented a key development area of the City, that included a substantial amount of commercial and residential development. The proposed update is an evolution of that plan, and generally retains the overall number of permitted housing units, and transfers some of the commercial development area, which had diminished because of e-commerce activity, for warehouse uses that would not be visible along the I-10 and other view corridors, and are separated from the existing community as it would occur across I-10 from the majority of Yucaipa residents. The resulting changes would substantially increase the overall economic output of the FCSP, provide housing for current and future housing cycles, meanwhile reducing the overall number of vehicular trips (81,073 trips during the weekday) compared to the existing FCSP. Draft Findings of Approval are provided and the City Council can modify the Findings based on the majority consensus, as well as make any revisions to the FCSP that are deemed necessary to better meet the necessary Findings.
Attachments:
1. Draft Specific Plan Findings
2. Draft Conditional Use Permit and Parcel Map Findings for Pacific Oaks Commerce Center
3. Draft Resolution No. 2024-19
4. Draft Ordinance No. 448
5. Economic Impact Analysis
6. Draft Freeway Corridor Specific Plan
7. Public Comment Letters
8. June 5, 2024, Planning Commission minutes
9. July 17, 2024, Planning Commission minutes
10. September 23, 2024, City Council minutes
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11. Apri128, 2025, City Council minutes
12. May 12, 2025, City Council minutes
13. Draft Environmental Impact Report (under separate cover)
14. Final Environmental Impact Report (under separate cover)
15. Mitigation Monitoring and Reporting Program (under separate cover)
16. Finding of Fact (under separate cover)
17. Project Plans & Conditions for Pacific Oaks Commerce Center The Specific Plan, Draft EIR, Final EIR, and Project -related environmental documents are available for the public at City Hall or via the following links: https://yucaipa.gov/wp- content/uploads/dev_svcs/EIR/FCSP/7-31-
2025%20Drafts/2025%20Public%20Hearing%20Draft%2OFCSP.pdf?_t=1754001972 & https://yucaipa.gov/environmental-review/ .
Approved by:
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Exhibit A — General Plan Consistency Analysis
Applicable City of Yucaipa 2016 FCSP Consistency
L General Plan Goals and Policies
GOAL CDL-1: LAND USE MIX
Policy CDL-1.1. Places to Live. Provide sites for a
range of housing types, locations, and densities in
a variety of neighborhood settings equipped with
amenities that support a high quality of life.
Consistent. The FCSP includes a wide range of
housing product types from 2 du/ac to 24 du
acre. As part of the update, additional
classifications within the density ranges were
included, including R-12, along with modified
development standards to allow for attached,
detached, and clustered style housing products,
with the average proposed density range
intended to meet first time and move -up home
buyers.
Policy CDL-1.2. Places for Commerce. Provide
sites for a range of commercial uses, including
shopping, dining, entertainment, and offices that
provide a strong employment base and offer local
services; improve commercial properties along I-
10 through infrastructure, aesthetics, and
development strategies.
Consistent. The FCSP includes both Regional
Commercial and Agricultural Tourism land use
districts that are meant to serve as a regional hub
for retail, restaurants, services, and events. With
the proposed update, Regional Commercial areas
that are located along a right -turn from Interstate
10 offramps have been increased in size to better
accommodate a mix of successful commercial
users.
Policy CDL-1.3. Places for Industry. Preserve and
improve industrial uses that provide
manufacturing employment opportunities,
specifically industrial properties along I 10,
through infrastructure upgrades, enhanced
aesthetics, and new business development
strategies.
Consistent. The FCSP includes the Business Park
land designation that provides areas for
industrial, and business uses. The update expands
the areas for business park uses to better align
with the current and planned commercial real
estate market demands, but in a way that helps to
minimize the view of the larger sized structures
associated with such industrial uses.
Policy CDL-1.4. Places for Recreation and
Conservation. Provide parks, recreational
facilities, and multi -functional open spaces in
sufficient quantities and in a manner that is
consistent with the Emerald Collar articulated in
the Parks, Recreation, Trails, and Open Space
Element.
Consistent. The FCSP update includes standards
and roues for multipurpose trails and road
standards for multimodal accessibility. The FCSP
update uses the Open Space district to serve as a
greenbelt between various uses and also
introduces the Open Space - Conservation district
to help preserve sensitive environments.
Policy CDL-1.5. Transportation System. Develop
and maintain a transportation system that is
closely coordinated with land use planning
decisions, moves people and goods efficiently and
safely, and is designed to accommodate and
promote scenic viewsheds.
Consistent. The FCSP creates a functional
transportation system within the project area
that adheres to the Circulation Plan of the General
Plan. The FCSP includes roadway improvements
to all existing and proposed roads throughout the
plan area that will effectively facilitate the
movement of vehicles and pedestrians.
Furthermore, the FCSP is designed to integrate
with the long -planned Wildwood Canyon
Interchange, and impact fees collected by the
proposed development will help provide funding
for the construction of that specific project.
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Policy CDL-1.7. Centers of Activity. Promote the
development of distinct, well -designed focus
areas that are served by transit, contain a mix of
commercial or civic activities, are supported by
adjacent residential areas, and serve as focal
points in the community.
Consistent. The FCSP includes a wide range of
residential, commercial, industrial, and
agricultural uses to serve the community and
beyond. Public uses will also be permissible
within the plan area to address the future needs
of the community.
Policy CDL-1.8. Overlay Districts. Require that
development projects comply with applicable
regulations in the municipal code when the
underlying parcels are located within a
designated overlay district.
Consistent. The FCSP is currently listed as part of the Citys overlay districts. The update provides modified
standards that help to address significant changes to
the commercial and residential development markets
that occurred after its initial adoption in 2008.
GOAL CDL-2: HILLSIDES AND RIDGELINES
Policy CDL-2.2. Viewshed. Preserve views to and
from hillsides and ridgelines to maintain the
image and quality of Yucaipa where overlay
districts apply. Preserve canyons, ridgelines, and
rock outcrops through regulation of development
as appropriate.
Consistent. The views to the hillsides and
ridgelines are an important asset identified in the
FCSP. Following City Council direction, key views
and ridgelines are identified and left as open
space greenbelts that would help preserve the
views from roadways such as Interstate 10.
Policy CDL-2.4. Grading. Encourage natural
grading techniques that blend with existing
topography; grading should use rounded
contours on slopes to minimize disturbance.
Encourage the preservation of the physical shape
of the hillside and views where feasible.
Consistent. The updated development
requirements of the FCSP included specific
provisions on contour grading and the creation of
undulating slopes that will provide a naturalistic
appearance as landscape matures.
Policy CDL-2.7. Site Planning. Promote land use
patterns that are consistent with the slopes,
landform, vegetation, and scenic quality of
hillsides. Ensure projects fit the natural site
topography rather than altering natural
topography or features to accommodate a stock
pad.
Consistent. Refer to Policy CDL-2.2.
GOAL CDL-4: CORRIDORS AND VIEWSHEDS
Policy CDL-4.4. Scenic Corridors. Protect
designated scenic corridors (Yucaipa Boulevard,
Live Oak Canyon Road, Oak Glen Road, Wildwood
Canyon Road, and Bryant Street) by adhering to
development requirements in the municipal code
and policies in the General Plan.
Consistent. Live Oak Canyon Road is a designated
scenic corridor that runs through the Plan Area.
The FCSP includes updated standards for the
roadway to maintain the view of the corridor, and
works to preserve the Pumpkin Factory, a long-
established agrarian use that serves the greater
region, along with the preservation of key
hillsides as referenced by the consistency
analysis of CDL-2.2.
GOAL CDL-5: COMMUNITY IMAGE
Policy CDL-5.2. Districts. Recognize the strong
identities of individual districts —North Bench,
Wildwood Canyon, Central Core, Dunlap Acres,
Chapman Heights, and the Freeway Corridor —
with entry monuments, street signs, and/or
landscaping and lighting.
Consistent. The FCSP has been established by the
City as a future hub of new housing and
commercial activities. The update maintains
these elements, but makes necessary
modifications to best meet market demands, add
flexibility where necessary, and provides more
deliberate attention to which uses are built in
specific areas of the plan to best ensure that the
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General Plan policies and goals, as well as the
existing FCSP objectives, can be met.
Policy CDL-5.3. Gateways. Highlight major
arrival and departure points along the
community's edge by requiring distinctive
building design elements, streetscapes,
decorative signage, landscaping, and/or other
enhancements at strategic gateway locations.
Consistent. See response to CDL-5.2.
GOAL CDL-7: FREEWAY CORRIDOR -
Policy CDL-7.1. Complete Community. Design an
integrated addition to Yucaipa containing
housing, employment opportunities,
retail/commercial areas, parks, and other
facilities essential to the daily lives of residents.
Consistent. The FCSP includes both Regional
Commercial and Agricultural Tourism land use
districts that are meant to serve as a regional hub
for retail, restaurants, services, and events. With
the proposed update, Regional Commercial areas
that are located along a right -turn from Interstate
10 offramps have been increased in size to better
accommodate a mix of successful commercial
users. To support the City's economic growth, the
Business Park standards have been updated to
best capture the market demands for industrial
space, while minimizing its view to the
community. Open space, and a wide range of
housing opportunities are also provided.
Policy CDL-7.2. Housing. Expand the range of
housing opportunities (single, multiple -family,
and/or mixed -use housing) to meet the needs of
a variety of household types, sizes, and income
levels.
Consistent. The FCSP includes a wide range of
housing product types from 2 du/ac to 24 du
acre. As part of the update, additional
classifications within the density ranges were
included, including R-12, along with modified
development standards to allow for attached,
detached, and clustered style housing products,
with the average proposed density range
intended to meet first time and move -up home
buyers.
Policy CDL-7.3. Recreational Amenities. Provide
an abundance and variety of interconnected open
space, parks, and trails throughout the specific
plan area that offer residents high quality
recreational opportunities.
Consistent. The FCSP update includes standards
and roues for multipurpose trails and road
standards for multimodal accessibility. The FCSP
update uses the Open Space district to serve as a
greenbelt between various uses and also
introduces the Open Space - Conservation district
to help preserve sensitive environments.
Policy CDL-7.4. Safe and Efficient Circulation.
Ensure a safe and efficient circulation system that
adequately supports the anticipated level of
traffic in and around the specific plan area.
Consistent. The FCSP creates a functional
transportation system within the project area
that adheres to the Circulation Plan of the General
Plan. The FCSP includes roadway improvements
to all existing and proposed roads throughout the
plan area that will effectively facilitate the
movement of vehicles and pedestrians.
Furthermore, the FCSP is designed to integrate
with the long -planned Wildwood Canyon
Interchange, and impact fees collected by the
proposed development will help provide funding
for the construction of that specific project. As
part of the project analysis, traffic counts were
conducted during the peak Pumpkin Factory
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seasonal traffic period to provide design
recommendations under a worse -case scenario.
Along with such improvements, the improve mix
of uses will also reduce the Vehicles Miles
Traveled (VMT) of users relative to the existing
FCSP standards.
Policy CDL-7.5. Financing and Infrastructure.
Explore and consider a financing and phasing
plan that provides for the efficient and timely
provision of infrastructure and services as
development occurs.
The City has recently adopted an Enhanced
Infrastructure Financing District (EIFD) that
includes the FCSP area to help provide funding
for future infrastructure needs of the community.
In addition, the FCSP includes provisions for the
funding of Community Facilities Districts or some
other approved method to help fund
infrastructure and public safety needs. A fair
share agreement will also be required for taller
and wider structures to offset the costs of an
aerial ladder fire truck, along with funding by a
Community Facilities District to maintain that
specific infrastructure. And lastly, the FCSP
update works to remove potential land use away
from blue line stream areas, which will help
reduce the cost of infrastructure upgrades while
allowing for increased economic benefits to the
City.
Policy CDL-7.6. Adjacent Development.
Comprehensively plan the area with
consideration of other contiguous areas to ensure
compatible and complementary development,
circulation patterns, infrastructure, and services.
Consistent. The FCSP provides for transitions for
all the surrounding uses, including those within
the City of Redlands along the northwest portion
of the Plan, those planned (under the adopted
and the newly proposed update) Mesa Verde
Specific Plan within the City of Calimesa, and the
existing uses found north of the plan area within
the City of Yucaipa.
Policy CDL-7.7. Rural Character.
Comprehensively plan the area so that the
important rural community character and sense
of place is retained, as reinforced by significant
views to open space and hillsides.
Consistent. The views to the hillsides and
ridgelines are an important asset identified in the
FCSP. Following City Council direction, key views
and ridgelines are identified and left as open
space greenbelts that would help preserve the
views from roadways such as Interstate 10. The
FCSP includes updated standards for the roadway
to maintain the view of the corridor, and works to
preserve the Pumpkin Factory, a long-established
agrarian use that serves the greater region.
Policy CDL-7.8. Hillside Development. Ensure
that the plan and subsequent development
complies with the City's development code
related to hillside development; protect
ridgelines and scenic views.
Consistent. The views to the hillsides and
ridgelines are an important asset identified in the
FCSP. The FCSP omits the generic mathematical
calculation for open space preservation, and
instead deliberately focuses on key viewsheds,
including those along Interstate 10 and Oak Glen
Road, to establish areas that are to be preserved.
Policy CDL-7.9. Area Resources. Protect and
preserve sensitive wildlife habitat, waterways,
wildlife corridors, cultural and paleontological
resources, and other assets in accordance with
state and federal law.
Consistent. The FCSP update uses the Open Space
district to serve as a greenbelt between various
uses and also introduces the Open Space -
Conservation district to help preserve sensitive
environments.
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GOAL CDL-10: DESIGN QUALITY
Policy CDL-10.1. Development Review.
Implement and adhere to development review
procedures and design guidelines in the City of
Yucaipa Municipal Code that advance the visual
quality of the community.
Consistent. The FCSP includes design and
development standards, as well as leverages the
Citywide Design Guidelines (which includes
Section 2.4.3 Freeway/Gateway Guidelines that
provides additional specificity for the area) to
create quality design.
Policy CDL-10.3. Site Planning. Identify and
preserve the positive characteristics and features
of a site, such as viewsheds, heritage trees, and
rock outcroppings, during the design and
development of new projects.
Consistent. The FCSP maintains a balance of uses
and areas for greenbelts and natural open space
to best accommodate the already -planned growth
while leveraging resources wherever possible.
Policy CDL-10.4. Design Variation. Encourage
identifiable architectural designs, design
variations, and well -planned projects that are
visually interesting, neighborhood or district
oriented, and well -integrated with the
surroundings.
Consistent. The FCSP includes design and
development standards, as well as leverages the
Citywide Design Guidelines (which includes
Section 2.4.3 Freeway/Gateway Guidelines that
provides additional specificity for the area) to
create quality design. In addition, the wider range
of housing densities allows for a wider variety of
building types and forms to increase the variation
within the plan area.
Policy CDL-10.8. Safe Community Design.
Require the use of CPTED principles (Crime
Prevention Through Environmental Design),
including creating opportunities for "eyes on the
street" and clearly distinguishing between public
and private spaces to enhance community safety.
Consistent. The FCSP includes provisions for the
use of CPTED principles.
Applicable City of Yucaipa Housing Element
General Plan Goals and Policies
FCSP Consistency
GOAL HN-1: HOUSING AND NEIGHBORHOODS
Policy HN 1.6. Neighborhood Identity. Recognize,
preserve, and enhance neighborhood character
through adherence to design, development, and
other standards in the municipal code, overlay
districts, and specific plans.
Consistent. The FCSP has long been planned as a
key housing area for the city, which can leverage
its proximity to Interstate 10 and other
resources to serve future residents. The update
maintains the housing capacity but integrates
more standards and a wider range of housing
types to serve the community.
Policy HN 1.7. Resident Involvement. Encourage
active and informed participation by residents
from each neighborhood to identify local needs
and implement programs that beautify, preserve,
and improve their neighborhoods.
Consistent. Interviews were conducted with
property owners to find potential issues with the
existing FCSP that hindered the ability to meet
its original objectives.
GOAL HN-2: HOUSING SITES
Policy HN-2.1. Balanced Housing Stock. Designate
adequate land for a range of housing, including
single-family attached and detached, multiple -
family housing, and mixed uses, including
allowances for flexibility in development
standards and lot designs.
Consistent. Refer to Policy CDL-1.1.
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Policy HN-2.6. Multiple -Family Housing.
Encourage development of higher density housing
in the Freeway Corridor, commercial corridors,
and other sites where infrastructure, circulation,
and service facilities capable of handling such
housing is located or planned.
Consistent. Refer to Policy CDL-1.1.
GOAL HN-3: HOUSING DESIGN
Policy HN-3.1. Design Features. Require new and
rehabilitated residential units to be well designed,
with appropriate attention to site planning,
materials and colors, building treatments,
landscaping, open space, parking, and
environmentally sustainable practices.
Consistent. Refer to Policy CDL-10.4.
Policy HN-3.2. Entitlement Process. Offer flexible
and streamlined entitlement processes that
facilitate innovative and imaginative housing
solutions yet balance the developer's need for
predictability in the approval process,
governmental regulation, and oversight.
Consistent. The update to the FCSP further
streamlines the review of housing projects,
leveraging objective design criteria, to best meet
Program 11 of the certified Housing Element.
Policy HN-3.3 Housing Incentives. Facilitate
development of market -rate and affordable
housing through regulatory incentives (e.g.,
density bonus), permit processing (e.g., planned
or small lot development) and other means where
feasible and appropriate.
Consistent. The update maintains the overall
density ranges, but offers far greater flexibility
for housing product types (such s small lot
development) that can effectively cater to
resident needs.
Policy HN-3.4. Natural Environment. Require
appropriate measures to protect hillsides,
viewsheds, sensitive habitat, oak trees, and other
environmental resources in the review of
applications for the development, expansion, and
improvement of housing.
Consistent. Refer to Policy CDL-7.9.
Policy HN-3.8. Supportive Infrastructure.
Facilitate the provision of infrastructure and
services necessary to encourage new residential
development commensurate with community
goals and expectations for quality of life.
Consistent. In support of new residential land
uses, the FCSP identified the infrastructure
systems that would be needed to meet the
expectations for quality of life. The
infrastructure would be phased in and will be
bought out with implementation of the FCSP.
Applicable City of Yucaipa 2016
General Plan Goals and Policies
FCSP Consistency
GOAL PR-1: PARK FACILITIES
Policy PR-1.2. Park Design. Provide a variety of
park types (e.g., local, community, special use) and
mix of amenities that are tailored to meet the
active and passive recreational needs of Yucaipa
residents of all ages and abilities.
Consistent. Development standards for new
projects allow for project -specific recreational
amenities, as well as connectivity to other
resources outside of the plan area. The future
development would also be subject to the City's
Park Development Impact Fees, which also
provide funding to the variety of park resources.
GOAL PR-3: MULTIPURPOSE TRAILS
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232
Policy PR-3.1. Trail Development. Develop a
multipurpose trail system for hiking, biking, and
equestrians throughout Yucaipa, focusing on
drainage channels, hillsides, parks, and other
public use areas.
Consistent. Refer to Policy CDL-1.4. Connectivity
is provided throughout the Specific Plan,
leveraging the proposed roadways and the Open
Space designated areas to provide connectivity
for Yucaipa residents.
Policy PR-3.3. Environmental Protection. Locate,
design, and regulate the use of multipurpose trails
so that they do not have a significant negative
impact on natural habitat, wildlife, landforms, and
cultural resources.
Consistent. Refer to Policy CDL-1.4.
Policy PR-3.6. Regional Connectivity. Coordinate
with adjacent cities to connect Yucaipa's trail
network to the trails of neighboring cities to form
a multi -jurisdictional system that extends to the
forest, badlands, and other areas.
Consistent. Connectivity is provided throughout
the Specific Plan, leveraging the proposed
roadways and the Open Space designated areas
to provide connectivity for Yucaipa residents.
GOAL PR-4: NATURAL OPEN SPACES
Policy PR-4.4. Oak Tree Preservation. Preserve
the City's heritage oak trees through adherence to
the Oak Tree Conservation regulations in the
Yucaipa Municipal Code, proper tree care and
maintenance, and other efforts.
Consistent. Mitigation Measures are included
within the Project area that specific that an Oak
tree report is required as part of a project -
specific review, and any impacts to Oak Trees
are mitigated pursuant to the City's adopted
requirements.
Policy PR-4.5. Creek Preservation and
Restoration. Protect the integrity of natural
drainage channels; secure grants and support to
restore and preserve Yucaipa's creeks in a
naturalized state for aesthetic, recreational, and
wildlife value to the extent practical.
Consistent. The FCSP update includes a new land
use district, Open Space - Conservation, that is
meant to best protect sensitive habitats,
including drainage channels. The proposed land
use arrangements have been developed to avoid
key areas to the extent feasible, which better
protects the environment and helps to reduce
infrastructure and development costs.
Policy PR-4.7. Scenic Resources. Protect
Yucaipa's scenic resources, including scenic
corridors along roads and views of the hillsides,
prominent ridgelines, canyons, and other
significant natural features, to the extent practical.
Consistent. Refer to Policy CDL-2.2.
GOAL PR-5: BIOLOGICAL RESOURCES
Policy PR-5.1. Resource Protection. Protect and
conserve Yucaipa's biological resources, with a
special focus on sensitive, rare, or endangered
plant and wildlife species in accordance with state
and federal resource agency requirements.
Consistent. Refer to Policy PR-5.1.
Policy PR-5.3. Wildlife Corridors. Participate in
the planning of drainage channels, ridgelines, and
other areas that provide potential wildlife
linkages between open space areas in the
community and the vicinity.
Consistent. Refer to Policy PR-5.1.
Policy PR-5.4. Biotic Resources Overlay. Require
proposed land uses and development projects to
conduct appropriate biological resource studies
Consistent. Refer to Policy PR-5.1.
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and propose mitigations where needed to address
potential resource impacts.
GOAL ED-1: THE LOCAL ECONOMY
Policy ED-1.1 Employment and Revenue Focus.
Invest public resources and exercise discretionary
land -use authority to support the retention,
expansion, and attraction of businesses that
generate a higher number of jobs per acre and
higher net municipal revenues per acre.
Consistent. The FCSP has long been established
as a planned economic hub for the City,
leveraging freeway access and exposure. The
update maintains the overall approach but has
been updated to meet market demands.
Policy ED-1.6. Integrity of Industrial Areas.
Maintain the long-term viability of areas
designated for industrial use by prohibiting non-
industrial uses and collaborating with property
owners to fund the upgrade and maintenance of
roads and other infrastructure.
Consistent. The FCSP update provides greater
clarity on the Business Park regulations to
provide areas for industrial uses.
Policy ED-1.7. Manufacturing. Maintain contacts
with manufacturing trade organizations,
industrial real estate brokers, and developers to
build a knowledge base upon which to review
availability of sites and facilities, planning and
zoning requirements, and infrastructure to ensure
Yucaipa supports manufacturing businesses.
Consistent. The FCSP update provides greater
clarity on the Business Park regulations to
provide areas for manufacturing uses.
GOAL ED-2: RETAIL, ENTERTAINMENT,
TOURISM
Policy ED-2.1. Retail Sales Growth. Invest in the
retention, expansion, and attraction of retail
businesses (including dining, shopping, and
entertainment) in economic sectors that are
underrepresented in Yucaipa.
Consistent. See response to Policy ED-1.1 The
proposed Regional Commercial areas have
expanded along areas that are a right turn from
Interstate 10 offramps, which provide greater
visibility and marketability of the land for retail -
based tenants.
Policy ED-2.2. Experience -Oriented Shopping.
Prioritize initiatives, investments, and
development projects that create or improve
amenity -rich, pedestrian -friendly, experience -
oriented commercial districts while encouraging
such districts to be distinct from one another.
Consistent. The FCSP includes design and
development standards, as well as leverages the
Citywide Design Guidelines (which includes
Section 2.4.3 Freeway/Gateway Guidelines that
provides additional specificity for the area) to
create quality design.
Policy ED-2.5. Tourism. Promote tourism to
provide market support for shopping, dining, and
entertainment in Yucaipa. Working with business
and civic groups, develop a complete tourism
infrastructure, including marketing, public
relations, wayfinding, and an array of lodging.
Consistent. The update to the FCSP continues the
operation of the Live Oak Pumpkin Factory,
which is a notable regional attraction in fall and
winter. In addition, because of the federal
recognition of the Yucaipa Valley American
Viticultural Area, agricultural and agricultural
tourism uses are specifically included to create a
tourism destination.
Policy ED-2.7. Fulfillment Centers. Monitor
trends in e-commerce's retail sales and the
development of fulfillment centers to determine if
and when the General Plan should be re-evaluated
to promote development of fulfillment centers to
bolster the City's sales tax revenues.
Consistent. Refer to Policy ED-1.6. As demand for
fulfillment centers have grown, including the
development of such a facility in the FCSP,
updated development standards are proposed to
located warehouse structures away from key
view corridors, as well as protect areas meant
for more retail and "Experience -Oriented
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Shopping" opportunities, while meeting market
demands.
GOAL ED-3: FREEWAY CORRIDOR
Policy ED-3.1. Vision and Branding. Collaborate
with property owners and other stakeholder in
the Freeway Corridor District to formulate a
contemporary vision and branding to support the
development of the area.
Consistent. Refer to Policy CDL-10.1, CDL-10.3,
and CDL-10.4.
Policy ED-3.2. Image from I-10 Freeway. Work
collaboratively with the business community and
property owners to improve the appearance and
image in a consistent manner for the developed
portion of the City along the I-10 freeway.
Consistent. Refer to Policy ED-3.1, as well as
CDL-2.2, and CDL-5.2.
Policy ED-3.3. Western Gateway. Establish and
strengthen a western gateway to Yucaipa that
balances convenient access from the I-10 freeway
and conveys the image of Yucaipa that residents
desire for their community.
Consistent. Refer to Policy ED-3.1, as well as
CDL-2.2, and CDL-5.2.
Policy ED-3.4. Infrastructure. Invest in public
infrastructure to correct deficiencies that restrict
economic development, as appropriate. When
needed to fully fund infrastructure, condition
public investments on property owner
participation in funding mechanisms.
Consistent. Refer to Policy CDL-7.5.
GOAL T-1: A COMPREHENSIVE STREET
NETWORK
Policy T-1.1. Roadway Buildout. Complete the
circulation system by constructing or improving
roadways consistent with Figure T-1; allow
modified standards where appropriate to allow
for transit, bicycle facilities, sidewalks, and on -
street parking to be sensitive to adjacent land
uses, districts, and roadway users.
Consistent. Refer to Policy CDL-1.5. Specific
roadway standards are included that offer a
hierarchy of traffic volumes for both vehicles
and pedestrians.
Policy T-1.4. Truck Routes. Designate truck
routes to allow the safe and efficient movement of
goods for commerce and industry, minimize
conflicts with auto traffic, and minimize
incompatibility with other land uses.
Consistent. Refer to Policy CDL-1.5. Truck traffic
is limited to key arterial roadways where road
width, stacking capacity, and roadway flow can
accommodate the necessary volumes. The traffic
analysis was completed during the fall season to
capture the peak pumpkin patch traffic.
Policy T-1.5. Multimodal Access. Assess roadway
operations for new development and
infrastructure projects so that roadways can
accommodate safe and convenient access and
travel for all users, including motorists, bicyclists,
pedestrians, and transit users.
Consistent: The roadway design of the FCSP
includes access for vehicles, bikes, and
pedestrians.
GOAL T-2: TRANSPORTATION SYSTEM
OPERATION
Policy T-2.1. Level of Service. To promote the safe
and efficient movement of vehicular traffic,
maintain a minimum level of service (LOS) C on all
Consistent. The traffic analysis was completed
during the fall season to capture the peak
pumpkin patch traffic and infrastructure
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intersections and road segments except for two
conditions:
• At roadway intersections where traffic
movements are controlled by
roundabouts, LOS D shall be acceptable
(e.g., average control delay of 30 seconds
per vehicle or better).
• On roadway segments where a
roundabout controls at least one of the
intersections at the ends of the segment,
the lower half of LOS D shall be acceptable
(e.g., V/C ratio of 0.849 or better).
On -street parking, improvement levels,
roundabouts, and infrastructure may be
considered in furthering acceptable levels of
service, safety, and other priorities.
recommendations have been incorporated into
the design to address LOS requirements. In
addition, the planned Wildwood Canyon Road
interchange project, which is in the
environmental review process with CALTRANS,
would further improve the flow of traffic. Based
on the land use changes, the peak traffic volume
would decrease by over 80,000 trips a day.
Policy T-2.2. Multimodal Network. Assess
roadway operations for new development and
infrastructure projects with a balance between
vehicle capacity, vehicle miles traveled, and
multimodal transportation modes.
Consistent. Refer to Policy T-1.5. The VMT
analysis found that the update to the FCSP would
the VMT relative to the existing 2008 plan.
GOAL T-3: SAFE, CONNECTED, AND
ACCESSIBLE BIKEWAY AND PEDESTRIAN
NETWORK
Policy T-3.2. Bicycle and Pedestrian Connectivity.
Identify redesign opportunities to create
dedicated bicycle lanes and pedestrian sidewalks
that connect neighborhoods and commercial areas
to community services.
Consistent. Refer to Policy T-1.5.
GOAL PSF-7: INFRASTRUCTURE PLANNING
Policy PSF-7.3. Fair Share Funding. Ensure that
new development pays its fair share of the cost of
providing/financing new public facilities and
services and/or the costs of expanding/upgrading
existing facilities and services impacted by new
development.
Consistent. Refer to Policy CDL-7.5.
GOAL PSF-8: ENERGY AND CONSERVATION
Policy PSF-8.2. Renewable Energy. Encourage the
use of renewable energy sources (e.g., solar and
other technologies) through demonstration
projects at public facilities and development or
financial incentives, where feasible.
Consistent. Future projects would be required to
meet or exceed Title 24 standards. In addition,
mitigation measures are included that further
specify the use of renewable energy sources, as
well as equipment that can be directly powered
through renewable energy sources.
Policy PSF-8.3. Undergrounding Utilities. Require
all new utility lines built as part of new
development projects to be installed underground
or, in the case of transformers, pad mounted
consistent with City specifications.
Consistent. The City's Development Code
provides underground utility requirements that
would apply to the entire FCSP.
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ATTACHMENT 1
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FINDINGS: SPECIFIC PLAN NO. 24-044
1. The Revised Final Subsequent Environmental Impact Report (SCH# 2006041096) prepared for this Project adequately discusses the potential impacts of the Specific Plan Update and disclosed to decision makers and the public that there are significant and unavoidable environmental impacts related to Air Quality, Greenhouse Gases, and Noise. As a result, a Statement of Overriding Considerations is being adopted pursuant to the provisions of CEQA. The Freeway Corridor Specific Plan (FCSP) SEIR was completed in compliance with CEQA and the Guidelines promulgated thereunder; and the FCSP SEIR reflects the independent judgment of the City.
2. The Specific Plan Update is consistent with the General Plan, because it implements the City's adopted goals and policies from the 2016 General Plan policies, as well as the 6th Cycle Housing Element. The initial policies of the General Plan are found under Community Design and Land Use (CDL), under Goal CDL-1, Land Use Mix, that states "A community with adequate sites for housing, parks, business, and institutional uses that meet local need for housing, employment, recreation, and services." The policies promote "for a range of housing types, locations, and densities in a variety of neighborhood settings" (CDL-1.1) and encourages the City to also provide "sites for a range of commercial uses, including shopping, dining, entertainment, and offices that provide a strong employment base and offer local services" (CDL-1.2) and "improve industrial uses that provide manufacturing employment opportunities" (CDL1.3). The FCSP update provides for a greater range of housing opportunities that align with market demand and provides opportunities for commercial and industrial uses along I-10 to create a new employment base for the community. However, key elements of the FCSP are included specifically under CDL-7, with a goal to provide a "complete community that offers an array of exceptional housing, parks and open space, and commerce and industrial uses while respecting the environmental features of Live Oak Canyon." With an effort to maintaining the original Planning Objectives, the update to the FCSP meets the policies listed under CDL-7 for the Freeway Corridor but providing the necessary infrastructure to support the planned growth and leverages a variety of land uses to create a complete community with access to jobs, retail, open space and agriculture, and housing. The land use plan has also been configured to preserve key hillsides and scenic areas, including those along I-10 or Oak Glen Road, to maintain a rural atmosphere, and higher visibility and intensity uses such as industrial are hidden from those viewsheds. Areas of biological sensitivity are to be within the Open Space — Conservation district. Similar to the CDL section of the General Plan, the chapter for Economic Development also includes its own associated goals and policies for the Freeway Corridor area. Goal ED-3 states that the City should prioritize a "fully developed Freeway Corridor that provides office -based employment, accommodates large -format retailers, and attracts consumer spending from the region while maintaining and enhancing a unique sense of place in Yucaipa." The design standards, infrastructure layout, and implementation of the FCSP, along with supportive elements such as Enhanced infrastructure Financing Districts, will help to meet the General Plan policies. An analysis of applicable policies is further elaborated as part of Exhibit A of the Specific Plan Findings
3. The Specific Plan Update specifies through text and/or diagrams the distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. The existing Freeway Corridor Specific Plan (FCSP), adopted in November 2008, allows for development of up to 2,447 residential units on 424.7 acres and up to 4,585,779 square feet of nonresidential uses on 242.7 acres within the 1,242-acre plan area. The proposed update to the FCSP (Case No. 24- 08/25/2025 City Council Agenda
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044/GPA/SPA) would result in a total of 2,472 residential units and 5,093,265 square feet of nonresidential uses. Updated figures and exhibits are included to reflect the changes to the plan.
4. The Specific Plan Update specifies through text and/or diagrams the proposed distribution, location, extent, and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.
5. The Specific Plan Update specifies through text and/or diagrams the standards and criteria by which development will proceed and the standards for the conservation, development, and utilization of natural resources, where applicable. Tailored development standards are included to provide high -quality residential development, as well as commercial and industrial development.
Further, provisions are included to facilitate the orderly operation of the existing Pumpkin Factory and help sustain the historic agrarian roots of the area.
6. The Specific Plan Update specifies a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out Findings 3, 4 and
5. 7. The Specific Plan includes a statement of the relationship of the Specific Plan to the General Plan, Development Code, and any applicable plan. The statement listed under Section 1.6 of the FCSP is as follows:
"The General Plan for the City of Yucaipa identifies major goals that are intended to preserve the community's "rural atmosphere" and are relevant to the Specific Plan area. The City uses various growth management measures to achieve these goals and to mitigate any adverse impacts associated with the projected growth in population." Section 1.8 further states:
This specific plan is enacted pursuant to Section 65450 et seq. of the California Government Code. A specific plan is a regulatory tool that local governments use to guide development in a local area consistent with the general plan. While the general plan is the primary guide for growth and development in a community, a specific plan is able to focus on the unique characteristics of a special area by customizing the planning process and land use regulations to that area. In accordance with state law, a specific plan shall include text and diagrams that specify:
• The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.
• The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, and other essential facilities proposed in the area covered by the plan and needed to support the land uses described in the plan.
• Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. • A program of implementation measures, including regulations, programs, public 08/25/2025 City Council Agenda
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works projects, and financing measures necessary for implementation.
In the Specific Plan area, no building or structure shall be erected, constructed, or structurally altered, nor shall any building, structure, or land be used, except as authorized by the Specific Plan and by relevant provisions of the Yucaipa Municipal Code (YMC). The Specific Plan is intended to replace City zoning regulations except where noted. Where the Specific Plan is silent, the YMC shall apply."
8. The Specific Plan addresses any other subjects that are necessary for implementation of the General Plan.
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ATTACHMENT 2
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FINDINGS: CONDITIONAL USE PERMIT NO. 21-196
1. The Revised Final Subsequent Environmental Impact Report (SCH# 2006041096) prepared for this Project adequately discusses the potential impacts of the proposed Specific Plan and disclosed to decision makers and the public that there are significant and unavoidable environmental impacts related to Air Quality, Greenhouse Gases, and Noise. As a result, a Statement of Overriding Considerations is being adopted pursuant to the provisions of CEQA. The Freeway Corridor Specific Plan (FCSP) SEIR was completed in compliance with CEQA and the Guidelines promulgated thereunder; and the FCSP SEIR reflects the independent judgment of the City. As part of the analysis, a project -level review was included for the Pacific Oaks Commerce Center project within the greater FCSP.
2. The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping, and other features pertaining to the application, because the site is large enough and the design is configured to accommodate the proposed POCC Project and accompanying features. The proposed POCC Project meets all of the required development standards listed for the BP Land Use District, including complying with the Building/Lot Coverage requirements and the Floor Area Ratio requirements. In addition, based on the configuration of the development, over 95 acres of the site will remain as open space.
3. The site for the proposed use has adequate access, meaning that the site design incorporates street and highway limitations. The site has access via the public right of way of Live Oak Canyon, and the project would result in the construction of a new public road that would provide all of the access drives and an appropriate internal driveway circulation within each pad to serve the Project.
This new roadway has also been designed to connect to future roadways of the FCSP area, including the future Wildwood Canyon Interchange, as well as the east -west roadway to County Line Road. As an interim measure, connectivity is also provided through the adjacent YVWD facility. Additionally, the overall trips generated by the project are less than initially anticipated by the existing FCSP; however, a Level of Service analysis was prepared to address any project - related improvements that may be required. These have been incorporated into the POCC Project's Conditions of Approval to ensure that the transportation system operates within the requirements of the City's General Plan.
4. The proposed use will not have a substantial adverse effect on abutting property or the permitted use thereof, meaning that the use will not generate excessive noise, vibration, traffic, or other disturbances, because: 1) The POCC Project design complies with the Development Standards listed within the City's BP Land Use District of the FCSP, and as a result provides for adequate building setbacks and buffering from other uses, and based on the environmental analysis conducted for the POCC Project, was analyzed with the FCSP Update; 2) The FCSP SEIR identifies areas that have significant and unavoidable impacts, along with Findings of Overriding Considerations; however, the direct impacts occurring for the project would not create acute issues that would substantially impact abutting properties, and the layout of the buildings, along with the site grading and use of berms, landscaping, and setbacks, help to isolate the proposed use from adjoining sites; 3) The proposed parking and use complies with City development standards and encourages the use of pedestrian access to the site; 4) Improvements have been conditioned to occur prior to occupancy of the building, which also includes key infrastructure improvements that will benefit the entire community, including the funding for a new fire truck, as well as roadway and utility infrastructure improvements; 4) Future access will be provided along a newly - constructed public road from Live Oak Canyon, and; 5) Adequate on -site landscaping is proposed along the site's street frontages, along all property lines, and on -site, with a particular focus of 08/25/2025 City Council Agenda 242
,f2
landscaping along slopes and the publicly viewable areas that exceeds the minimum requirements listed in the City's Administrative Design Guidelines, and based on the site grading proposal, the structures would not be visible from I-10. In addition, the use will not substantially interfere with the present or future ability to use solar energy systems because the height of the proposed buildings will not substantially hinder the use of such devices on surrounding properties.
5. The proposed use is consistent with the goals, policies, standards, and maps of the General Plan and any applicable plan, because the proposed use is permitted in the BP Land Use District of the FCSP, subject to the provisions of this Conditional Use Permit. The site is located within the FCSP, which encourages a mix of new development, including residential, commercial and industrial warehouse uses, and its direct freeway access supports the overall goods movement within the greater Yucaipa Valley area, is similar to other commercial and industrial warehouse uses that are found along the Interstate 10 corridor, but is screened in a method to limit the prominence of such uses along the City's gateway, while also including a farmhouse inspired design.
6. The lawful conditions stated in the approval are deemed necessary to protect the public health, safety, and general welfare, because they ensure adequate circulation, drainage, and compatibility with surrounding land uses.
7. The design of the site has considered the potential for the use of solar energy systems and passive or natural heating and cooling opportunities, because there are no obstructions to the collection of solar energy or the natural movement of wind toward or around surrounding properties.
FINDINGS: TENTATIVE PARCEL MAP No. 20533
1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan and any applicable specific plan, because the proposed use and overall density is permitted in the Freeway Corridor Specific Plan (FCSP), and would align the various parcels to reflect the development of the Pacific Oaks Commerce Center (POCC), the land use districts of the FCSP, and utility access, the Conditions of Approval address the provision of public services and improvements.
2. The site is physically suitable for the proposed type and density of development, because the physical constraints that may exist on site have been recognized and mitigated through the Conditions of Approval including access, circulation, drainage, and grading.
3. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage and substantially or avoidably injure fish or wildlife or their habitat, because the Final Subsequent Environmental Impact Report (SCH# 2006041096) prepared for the FCSP adequately discusses the potential impacts of the proposed Specific Plan, and included a project -level analysis for the POCC.
4. The design of the proposed subdivision and any related types or proposed improvements are not likely to cause serious public safety and health problems because conditions are included to assure compliance with all City health and safety standards.
5. The design of the proposed subdivision or the type of improvements will not conflict with public easements within or through the site because conditions have been included to ensure non-interference with any existing public easements.
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6. The design of the subdivision provides for the extent feasible, passive or natural heating and cooling opportunities, because the project provides an opportunity for the use of solar energy.
7. The proposed subdivision, its design, density, and type of development and improvements confoims to the regulations of the Development Code and the regulations of any public agency having jurisdiction by law, because all development standards meet or exceed those that are specified in City Development Code, and all public agencies that may be affected by this development have had their concerns addressed by the Conditions of Approval.
8. The proposed subdivision is not deemed to be a land project as defined by the Yucaipa Development Code, Section 812.12030.
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ATTACHMENT 3
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RESOLUTION NO. 2024-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA
ADOPTING THE ENVIRONMENTAL FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA),
CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT
REPORT FOR CASE NO. 24-044/SP, ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM AND STATEMENT OF
OVERRIDING CONSIDERATIONS FOR THE FREEWAY CORRIDOR
SPECIFIC PLAN PROJECT
WHEREAS, the City Council of the City of Yucaipa ("City Council") has long considered the Freeway Corridor area as an opportunity for commercial, residential, and industrial development due to its proximity to Interstate 10, freeway interchanges, and its higher level of regional visibility; and
WHEREAS, the City Council approved Resolution 2007-09 on November 24, 2008, formally adopting the Freeway Corridor Specific Plan, which set forth new land use districts and standards that would allow for substantial residential and nonresidential development; and WHEREAS, the Freeway Corridor Specific Plan is specifically highlighted within a variety of polices and goals of the General Plan, including the Community Design and Land Use Element, the Housing Element, and the Economic Development Element, to ensure that the area can be developed successfully for the future benefit of the community at large; and WHEREAS, due to changes in market conditions, consumer preferences, and the overall cost of development, found that updates were necessary to the adopted plan to best ensure that development can occur and meet the original expectations set forth by prior City Council's and community engagement efforts; and
WHEREAS, the City Council has before it a request for approval of the Freeway Corridor Specific Plan Update 24-044 (the "Project"); and
WHEREAS, the City has undertaken a comprehensive process for the development the Project to implement the long-range vision for the City; and WHEREAS, the City has encouraged public participation in the development of the Project, which included conducting Study Sessions, workshops, stakeholder meetings and hearings, while also leveraging core elements from the existing Freeway Corridor Specific Plan; and
WHEREAS, the proposed "Project" consists of a Specific Plan Update. The existing Freeway Corridor Specific Plan (FCSP), adopted in November 2008, allows for development of up to 2,447 residential units on 424.7 acres and up to 4,585,779 square feet of nonresidential uses on 242.7 acres within the 1,242-acre plan area. The proposed update to the FCSP (Case No. 24- 044/GPA/SPA) would result in a total of 2,472 residential units and 5,093,265 square feet of nonresidential uses. As a result, the Proposed Project would result in an increase of 25 residential 08/25/2025 City Council Agenda
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units, 2,786,461 square feet of Business Park (BP), and a reduction of 2,278,976 square feet of Regional Commercial (RC) compared to the existing FCSP. The Proposed Project also includes development of the Pacific Oaks Commerce Center (21-196/CUP/ARC/TPM), which consists of the development of two buildings with warehouse and office spaces, totaling 2,054,000 square feet of building space, as well as truck parking and docking bays, consistent with the provisions included in the FCSP Update; and
WHEREAS, the Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.) ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City's Local CEQA Guidelines; and
WHEREAS, on November 11, 2022, a Notice of Preparation ("NOP") was distributed to the State Office of Planning and Research, responsible agencies, and published in the Yucaipa News Mirror. The NOP was circulated from November 15, 2022, to December 15, 2022, to receive input from interested public agencies and private parties on issues to be addressed in the Supplemental Environmental Impact Report ("SEIR"); and
WHEREAS, a scoping meeting was held on November 30, 2022, to present the Project and the SEIR process and to provide an opportunity for agency representatives and the public to assist the lead agency in determining the scope and content of the environmental analysis for the SEIR; and
WHEREAS, on February 7, 2024, a Draft Subsequent Environmental Impact Report (the "DSEIR") was completed for the Project and a Notice of Availability ("NOA") was issued. In accordance with the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code §21000 et seq.) and the State Guidelines (the "Guidelines") (14 Cal. Code Regs. §15000 et seq.) promulgated with respect thereto, the City analyzed the Project's potential impacts on the environment; and
WHEREAS, the City circulated the DSEIR and the Appendices for the Project to the public and other interested parties for a 45-day comment period, in accordance with Guidelines Section 15105, from February 8, 2024, through March 25, 2024; and WHEREAS, the City prepared written responses to all comments received on the DSEIR and those responses to comments are incorporated into the Final Subsequent Environmental Impact Report (the "Final SEIR"). The Responses to Comments were distributed to all public agencies that submitted comments on the DSEIR at least 10 days prior to certification of the Final SEIR by the City Council; and
WHEREAS, the Final SEIR is comprised of the DSEIR dated February 2024 and all appendices thereto; the Comments and Response to Comments on the DSEIR; the clarifications, revisions, and corrections to the DSEIR; and the Mitigation Monitoring and Reporting Program; and
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WHEREAS, on May 24, 2024, a notice of a Planning Commission public hearing on the Specific Plan and its environmental review was published in the Yucaipa News Mirror and mailed to all property owners within and 300 feet around the plan area; and WHEREAS, after notice issued pursuant to the requirements of the Yucaipa Municipal Code, the Planning Commission conducted a public hearing on June 5, 2024, at which time all interested parties were given an opportunity to be heard and present evidence regarding the Specific Plan Update, as set forth in the Planning Commission Agenda Report of that date; and WHEREAS, the Planning Commission continued the item to their July 17, 2024 meeting to allow for additional discussion between the City and the Pumpkin Factory, and then the Planning Commission conducted a public hearing on July 17, 2024, at which time all interested parties were given an opportunity to be heard and present evidence regarding the Specific Plan Update, as set forth in the Planning Commission Agenda Report of that date; and WHEREAS, following consideration of the entire record before it at the public hearing and upon due consideration of the proposed Specific Plan Update, the Planning Commission did not provide a recommendation for the City Council regarding the adoption of environmental findings pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code § 21000 et seq.), certifying the Final Environmental Impact Report, nor adopting a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program; and WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission and the testimony provided during the hearing, the Planning Commission did not provide a recommendation to the City Council to approve the Specific Plan according to the Findings required pursuant to Section
83.020310 of the Yucaipa Development Code; and
WHEREAS, on August 15, 2024, a notice of a City Council public hearing on the Specific Plan and its environmental review was published in the Yucaipa News Mirror and mailed to all property owners within and 1,300 feet around the plan area; and WHEREAS, after notice issued pursuant to the requirements of the Yucaipa Municipal Code, the City Council continued the item from their August 26, 2024 meeting, and then held a duly noticed public hearing on September 23, 2024, at which time all interested parties were given an opportunity to be heard and present evidence; and
WHEREAS, the City Council tabled the item from September 23, 2024, to allow for additional refinements to the Specific Plan, where additional community outreach efforts, Council study sessions, and other related efforts were completed to make the necessary refinements to the Specific Plan; and
WHEREAS, the final revisions to the Plan were incorporated into the Revised Final Subsequent Environmental Impact Report (the "Revised Final SEIR"). The Revised Final SEIR were distributed to all public agencies that submitted comments on the DSEIR at least 20 days prior to certification of the Revised Final SEIR by the City Council; and 08/25/2025 City Council Agenda
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WHEREAS, on July 31, 2025, a notice of a City Council public hearing on the Specific Plan and its environmental review was published in the Yucaipa News Mirror and mailed to all property owners around the plan area; and
WHEREAS, the update is included as part of the City's General Plan Amendment for the second quarter of 2025; and
WHEREAS, the findings made in this Resolution are based upon the information and evidence set forth in the Final SEIR and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings on which this Resolution is based are on file for public examination during normal business hours at the Development Services Department, City of Yucaipa, 34272 Yucaipa Boulevard, Yucaipa, CA 92399. The custodian of records is Benjamin Matlock with the City of Yucaipa Community Development Deparliiient. Each of those documents is incorporated herein by reference; and WHEREAS, Section 15091 of the State CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written finding(s) for each significant effect identified in the Final EIR accompanied by a brief explanation of the rationale for each finding:
(a) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or,
(b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, (c) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
These required findings are set forth in the attached Exhibit A.
WHEREAS, environmental impacts found to be less than significant and not requiring mitigation are discussed in Exhibit A, Chapter III, Section B & C. Environmental impacts, or specific aspects of those impacts, found to potentially significant, but less than significant after mitigation, are discussed in Exhibit A, Chapter III, Section C. Environmental impacts found be potentially significant and unavoidable are discussed in Exhibit A, Chapter III, Section D.
Alternatives to the General Plan Update that might reduce significant environmental impacts are discussed in Exhibit A, Section V; and
WHEREAS, CEQA Section 21081.6 requires adoption of a mitigation monitoring and reporting program for any project with environmental impacts made less than significant or reduced in significance through mitigation. The Mitigation Monitoring and Reporting Program is attached as Exhibit B and incorporated into this Resolution by reference; and 08/25/2025 City Council Agenda
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WHEREAS, the City Council has reviewed and considered the FSEIR, all of the information and evidence in the administrative record, and all oral and written testimony presented during public meetings and hearings. In exercise of its independent judgment, the City Council finds that the FSEIR is adequate and was prepared in full compliance with CEQA. No comments or any additional information submitted to the City produced any substantial new information that would require additional recirculation or additional environmental review of the Project under CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council has reviewed and considered the information for the Freeway Corridor Specific Plan Update.
Section 2. The City Council finds that the above recitals are true.
Section 3.
Section 4.
The City Council tables consideration of the Freeway Corridor Specific Plan update and directs the City Manager to notice the FCSP update for a future public hearing and consideration by the City Council only after:
(a) the City Manager has held stakeholder meetings with all property owners in the FCSP area that own ten acres or more;
(b) the City Manager has prepared amendments to the FCSP update that address concerns identified by the property owners to the extent addressing such concerns is feasible;
(c) the City Manager has conducted any subsequent or supplemental environmental studies necessitated by such amendments;
(d) the City Manager has, in addition to any notice required under state law or the City's development code, posted copies of the amended FCSP update and environmental studies on the City's website for at least 30 days; (e) the City Manager has held at least one community meeting after the 30 day review period discussed above, where comments from the community are heard by the City Manager and/or his designee(s);
(f) the City Manager bring the matter forward standalone item at a Special Meeting of the City Council.
The City Council certifies the Revised Final Subsequent Environmental Impact Report, adopts findings pursuant to the California Environmental Quality Act as set forth in Exhibit A attached hereto and incorporated herein by reference, and makes the findings and adopts the Statement of Overriding Considerations, and adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit B and 08/25/2025 City Council Agenda
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incorporated herein by reference. The mitigation measures set forth in the Revised Final SEIR and the Mitigation Monitoring and Reporting Program are hereby approved.
Section 5. The City Clerk of the City of Yucaipa shall certify as to the adoption of this Resolution.
BE IT FURTHER RESOLVED that this Resolution be noted in the Minutes of this City Council meeting and a "Notice of Determination" be filed within five (5) days of this action by the City Clerk.
PASSED, APPROVED, and ADOPTED this 25th day of August, 2025.
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
Jon Thorp, Mayor
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EXHIBIT A
Findings of Fact in Support of Findings
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CEQA FINDINGS OF FACT
AND STATEMENT OF OVERRIDING CONSIDERATIONS
REGARDING THE
FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
FOR THE
FREEWAY CORRIDOR SPECIFIC PLAN PROJECT
STATE CLEARINGHOUSE NO. 2006041096
Exhibit A
I. INTRODUCTION
The California Environmental Quality Act (CEQA) requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report (EIR) prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. This document provides the findings required by CEQA. The potential environmental effects of the proposed Freeway Corridor Specific Plan project (Proposed Project) have been analyzed in a Draft Subsequent Environmental Impact Report (Draft SEIR) (State Clearinghouse [SCH] 2006041096) dated February 2024. A Final SEIR has also been prepared that incorporates the Draft SEIR and contains comments received on the Draft SEIR, responses to the individual comments, revisions to the Draft SEIR, and the Mitigation Monitoring and Reporting Program for the Proposed Project (MMRP). This document provides the findings required by CEQA for approval of the Proposed Project.
A. STATUTORY REQUIREMENTS FOR FINDINGS
The CEQA (Pub. Res. Code 5§ 21000, et seg.) and the State CEQA Guidelines (Guidelines) (14 Ca.
Code Regs §§ 15000, et seq.) promulgated thereunder, require the environmental impacts of a project be examined before a project is approved. Specifically, regarding findings, Guidelines Section 15091 provides:
(a)
No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
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3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
(b) The findings required by subsection (a) shall be supported by substantial evidence in the record.
(c) The finding in subdivision (a) (2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives.
(d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based.
(f)
A statement made pursuant to Section 15093 does not substitute for the findings required by this section.
The "changes or alterations" referred to in Section 15091(a)(1) above, that are required in, or incorporated into, the project which mitigate or avoid the significant environmental effects of the project, may include a wide variety of measures or actions as set forth in Guidelines Section 15370, including:
(a) Avoiding the impact altogether by not taking a certain action or parts of an action.
(b)
Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
(c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.
(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.
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(e) Compensating for the impact by replacing or providing substitute resources or environments, including through permanent protection of such resources in the form of conservation easements.
Regarding a Statement of Overriding Considerations, Guidelines Section 15093 provides:
(a) CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b)
When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record.
(c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.
B. CERTIFICATION
Having received, reviewed, and considered the SEIR for the Freeway Corridor Specific Plan Project State Clearinghouse No. 2006041096, as well as other information in the record of proceedings on this matter, the City of Yucaipa City Council adopts the following Findings (Findings) and Statement of Overriding Considerations, in its capacity as the legislative body for the City of Yucaipa (City), which is the CEQA Lead Agency. The Findings and Statements of Overriding Considerations set forth the environmental and other bases for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of the Proposed Project.
In addition, the City of Yucaipa City Council (City Council) hereby make findings pursuant to and in accordance with Section 21081 of the California Public Resources Code and State CEQA Guidelines Sections 15090 and 15091 and hereby certifies that:
(1)
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes Freeway Corridor Specific Plan Project
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(3)
have been adopted by such other agency or can and should be adopted by such other agency.
Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
C. PROJECT ENVIRONMENTAL REPORT AND DISCRETIONARY ACTIONS The Final SEIR addresses the direct, indirect, and cumulative environmental effects of construction and operation activities associated with the Proposed Project. The Final SEIR provides the environmental information necessary for the City to make a final decision on the requested discretionary actions for all phases of this project. The Final SEIR was also intended to support discretionary reviews and decisions by other responsible agencies. Discretionary actions to be considered by the City may include, but are not limited to, the following:
• Certify that the Final SEIR for the Proposed Project has been completed in compliance with CEQA, and reflects the independent judgement and analysis of the City; find that the City Council has reviewed and considered the information contained in the Final SEIR prior to approving the project; adopt the Mitigation Monitoring and Reporting Program, finding that the Mitigation Monitoring and Reporting Program is adequately designed to ensure compliance with the mitigation measures during project implementation; and determine that the significant adverse effects of the project either have been reduced to an acceptable level, or are outweighed by the specific overriding considerations of the project as outlined in the CEQA Findings of Fact and Statement of Overriding Considerations, as set forth herein. • Approve the Proposed Project and related discretionary actions needed for project construction and operation.
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II. PROCEDURAL COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL
QUALITY ACT
The City published a Draft SEIR on February 8, 2024. A Final SEIR was prepared in May 2024 in compliance with CEQA requirements. The Final SEIR has been prepared in accordance with CEQA and the CEQA Guidelines, as amended. As authorized in State CEQA Guidelines Section 15084(d) (2), the City retained a consultant to assist with the preparation of the environmental documents. City staff from multiple departments, representing the Lead Agency, have directed, reviewed, and modified where appropriate all material prepared by the consultant. The Final SEIR reflects the City's independent analysis and judgement. The key milestones associated with the preparation of the SEIR are summarized below. As presented below, an extensive public involvement and agency notification effort was conducted to solicit input on the scope and content of the SEIR and to solicit comments on the results of the environmental analysis presented in the Draft SEIR.
A. PUBLIC NOTIFICATION AND OUTREACH
In conformance with CEQA, the State CEQA Guidelines, and the City of Yucaipa CEQA Guidelines, the City of Yucaipa conducted an extensive environmental review of the Proposed Project. • Completion of a Notice of Preparation (NOP) on November 14, 2022. The public review period extended from November 15, 2022, to December 15, 2022. The NOP was published in the News Mirror on Novembre 11, 2022. The NOP was posted at the San Bernardino County Clerk's office on November 14, 2022. Copies of the NOP were made available for public review at the City of Yucaipa, the City's website, and at the Yucaipa Branch Library. • Completion of the scoping process where the public was invited by the City to participate in a scoping meeting held Wednesday, November 30, 2022 at 5:00 PM at Yucaipa City Hall. The notice of a public scoping meeting was included in the NOP.
• Preparation of a Draft SEIR, which was made available for a 45-day public review period beginning February 8, 2024, and ending March 25, 2024. The scope of the Draft SEIR was determined based on the CEQA Guidelines Appendix G Checklist and comments received in response to the NOP.
Section 2.2 of the Draft SEIR describes the issues identified for analysis in the Draft SEIR. The Notice of Availability (NOA) for the Draft SEIR was sent to interested persons and organizations, sent to the State Clearinghouse in Sacramento for distribution to public agencies, posted at the City of Yucaipa, and published in the News Mirror. The NOA was posted at the San Bernardino County Clerk's office on February 7, 2024. The Notice of Availability of the Draft SEIR was published in the News Mirror on February 2, 2024.
• Preparation of a Final SEIR, including revisions to the Draft Proposed Project and responses to comments to the Draft SEIR. agency review prior to certification of the Final SEIR. • Public hearings on the Proposed Project, including a Planning Council hearing.
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In summary, the City conducted all required noticing and scoping for the Proposed Project in accordance with Section 15083 of the CEQA Guidelines, and conducted the public review for the SEIR, which exceeded the requirements of Section 15087 of the CEQA Guidelines.
B. FINAL ENVIRONMENTAL IMPACT REPORT AND CITY COUNCIL
PROCEEDINGS
The City prepared a Final SEIR, including Responses to Comments to the Draft SEIR. The Final SEIR/Response to Comments contains comments on the Draft SEIR, responses to those comments, and revisions to the Draft SEIR. A total of nine comment letters were received from public agencies and organizations.
The most prevalent concerns raised in these comment letters included pertained to air quality, greenhouse gas (GHG) emissions, hydrology and water quality, and transportation.
The Final SEIR found that prior to mitigation, implementation of the Proposed Project will result in potentially significant impacts to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Noise, and Tribal Cultural Resources. However, mitigation measures (MMs) have been developed to avoid or reduce all of these impacts to levels considered less than significant, with the exception of Air Quality, Greenhouse Gas Emissions, and Noise. The City prepared a Statement of Overriding Considerations for the impacts found to be significant and unavoidable:
Air Quality
• Impact 5.3-1: Specific Plan. Operation of the Proposed Project would exceed the South Coast AQMD regional significance thresholds and have the potential to conflict with the South Coast AQMD's AQMP. Mitigation Measures for construction (see Impact 5.3-2) and operation (see Impact 5.3-3) would reduce emissions to the extent feasible. However, Impact 5.3-1 would be significant and unavoidable for the Proposed Project.
• Impact 5.3-1: Pacific Oaks Commerce Center. Operation of the Pacific Oaks Commerce Center would exceed the South Coast AQMD regional significance thresholds and have the potential to conflict with the South Coast AQMD's AQMP. Mitigation Measures for construction (see Impact 5.3-2) and operation (see Impact 5.3-3) would reduce emissions to the extent feasible.
However, Impact 5.3-1 would be significant and unavoidable for the Pacific Oaks Commerce Center.
• Impact 5.3-2: Specific Plan. Construction of the Proposed Project, like the Approved Project, would exceed the South Coast Air Quality Management District (South Coast AQMD) regional significance thresholds. While mitigation would substantially reduce construction -related volatile organic compounds (VOC), nitrogen oxides (NOx), and carbon monoxide (CO) emissions, the regional significance thresholds for these criteria air pollutants would still be exceeded for Phase
1. Implementation of mitigation would reduce the maximum daily emissions of VOC for Phases 2 through 7 to below the regional significance threshold. However, due to the remaining Freeway Corridor Specific Plan Project
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exceedances for Phase 1, Impact 5.3-2 would be significant and unavoidable for the Proposed Project.
• Impact 5.3-2: Pacific Oaks Commerce Center. Construction of the Pacific Oaks Commerce Center would exceed the South Coast AQMD regional significance thresholds. Mitigation Measure AQ-6 would reduce VOC emissions to below the regional significance threshold. However, construction activities associated with the Pacific Oaks Commerce Center would continue to generate NOx and CO emissions that exceed the respective South Coast AQMD regional significance thresholds. Therefore, Impact 5.3-2 as it pertains to the Pacific Oaks Commerce Center project would be significant and unavoidable.
• Impact 5.3-3: Specific Plan. Long-term operation of the Proposed Project, like the Approved Project, would exceed the South Coast AQMD regional significance thresholds. While mitigation would reduce emissions, the regional significance thresholds for these criteria air pollutants would still be exceeded. Impact 5.3-3 would be significant and unavoidable for the Proposed Project. • Impact 5.3-3: Pacific Oaks Commerce Center. Long-term operation of the Pacific Oaks Commerce Center project would exceed the South Coast AQMD regional significance thresholds.
While mitigation would reduce emissions, the regional significance thresholds for these criteria air pollutants would still be exceeded. Impact 5.3-3 would be significant and unavoidable for the Pacific Oaks Commerce Center project.
• Impact 5.3-4: Specific Plan. Localized construction emissions associated with buildout of the Proposed Project have the potential to exceed the South Coast AQMD's cancer risk threshold.
Implementation of Mitigation Measure AQ-6 would require future projects accommodated under the Freeway Corridor Specific Plan (FCSP) to use off -road equipment fitted with engines that meet the USEPA Tier 4 Final standards for emissions. This measure would reduce toxic air contaminant (TAC) emissions from off -road construction equipment. Due to the scale and construction intensity of the Pacific Oaks Commerce Center project, it is assumed to represent the worst -case project accommodated under the Specific Plan in terms of construction impacts. Thus, it is anticipated that individual future development projects accommodated under the Proposed Project would have similar health risk levels and would have less than significant health risk impacts. However, while individual future projects might have less than significant health risk impacts, the combined construction activities associated with development of all the land uses accommodated under the Proposed Project could contribute to elevated levels in the area.
Therefore, out of an abundance of caution, Impact 5.3-4 is conservatively identified as significant and unavoidable.
Greenhouse Gas Emissions
• Impact 5.8-1: Specific Plan. The Proposed Project, like the Approved Project, would generate GHG emissions that exceed the conservative no net increase threshold. Implementation of Mitigation Measures AQ-2 through AQ-5 and Mitigation Measures GHG-1 and GHG-2 would reduce emissions to the extent feasible. However, Impact 5.8-1 would be significant and unavoidable.
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• Impact 5.8-1: Pacific Oaks Commerce Center. The Proposed Project, like the Approved Project, would generate GHG emissions that exceed the conservative no net increase threshold.
Implementation of Mitigation Measures AQ-2 and AQ-4, and Mitigation Measures GHG-1 and GHG-2 would reduce emissions to the extent feasible. However, Impact 5.8-1 as it pertains to the Pacific Oaks Commerce Center project would be significant and unavoidable.
Noise
• Impact 5.13-2: Specific Plan. Implementation of the Proposed Project would result in a substantial long-term operation -related noise that could exceed the City's noise standards. The City requires applicants for new development projects to submit a noise study to mitigate operational noise impacts in accordance with the standard COAs. At the plan level, Impact 5.13-2, is considered significant and unavoidable.
• Impact 5.13-3: Specific Plan. Implementation of the Proposed Project would result in a substantial increase in long-term traffic -related noise levels that exceed local standards. The Certified EIR identified that it is not considered practical or feasible to mitigate traffic noise impacts, as it would require making alterations to private off -site properties over which applicants of future development projects would have no control. Impact 5.13-3, plan -level and cumulative traffic noise impacts are considered significant and unavoidable. • Impact 5.13-3: Pacific Oaks Commerce Center Plan. Implementation of the Pacific Oaks Commerce Center project would result in a substantial increase in long-term traffic -related noise levels that exceed local standards. The Certified EIR identified that it is not considered practical or feasible to mitigate traffic noise impacts, as it would require making alterations to private off - site properties over which applicants of future development projects would have no control.
Impact 5.13-3 traffic noise impacts are considered significant and unavoidable for the Pacific Oaks Commerce Center project.
Members of the public can view searchable agendas for scheduled City Council meetings and access agenda -related City information and services directly on the following website:
https://yucaipa.gov/agendas-minutes/ .
The Final SEIR document will be posted for viewing and download, which includes the revisions to the Draft SEIR, and Responses to Comments. The Final SEIR will be posted prior to the City's consideration of the Final SEIR and project recommendations on the City's website.
A date for consideration of the Final SEIR and project recommendations at the City Council was set for the Proposed Project and notice of the meeting was provided consistent with the Brown Act (Government Code Sections 54950 et seq.). The City Council will take testimony on the Proposed Project and may continue on its calendar to a subsequent meeting date in its discretion.