Item No. 10
AGENDA REPORT
DATE: October 27, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk4X5' SUBJECT: Certificate of Sufficiency — Referendum of Resolution No. 2025-54 RECOMMENDATION:
That the City Council:
1. Adopt Resolution No. 2025-57, a Resolution of the City Council of the City of Yucaipa, California, Accepting the Certificate of Sufficiency for the Referendum of Resolution No. 2025-54; and
2. Discuss all options related to an election and provide further direction to the City Clerk.
BACKGROUND/DISCUSSION:
On August 25, 2025, at a duly noticed public hearing, the City Council discussed the Freeway Corridor Specific Plan Update and approved staff's recommendations by a vote of 4-1. Among staff's recommendations were the approval of Resolution No. 2025-54, approving and adopting the Freeway Corridor Specific Plan Update and the approval of the introduction and first reading of Ordinance No. 448, amending the official Land Use Plan and Zoning Ordinance of the City of Yucaipa.
Both the Resolution and Ordinance are deemed to be City "legislative acts" and are subject to challenge by the referendum process as outlined in the California Elections Code (Elections Code).
On September 30, 2025, Yucaipa residents timely filed a signed petition to referend (challenge through referendum) Resolution No. 2025-54 adopted by the City Council. Pursuant to Elections Code § 9237, a referendum petition must be signed by not less than ten percent (10%) of the registered voters of the City to qualify. According to the California Secretary of State's most recent report of voter registration (Feb. 10, 2025), Yucaipa has 36,163 registered voters within its limits. Therefore, the petition is required to contain the verified signatures of at least 3,617 Yucaipa registered voters in order to qualify a referendum for the ballot.
As is standard practice, the City Clerk' s Office referred the petitions to the San Bernardino County Registrar of Voters (ROV) for official signature verification against official County voter records. The verification of signatures was completed, and the official Certificate of Sufficiency was submitted to the City Clerk on Tuesday, October 14, 2025. Based upon that review, the petition has been detetxnined to have sufficient signatures to qualify. The Certificate of Sufficiency to that effect is attached to Resolution No. 2025-57.
Pursuant to Elections Code § § 9114 and 9237, now that the referendum has qualified for the ballot, the effective date of the Resolution has been suspended and the City Council must reconsider the Resolution or submit the Resolution to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election called for the purpose, not less than 88 days after the order of the legislative body.
CITY COUNCIL OPTIONS
The following options are available to the City Council pursuant to Elections Code § 9241:
Option 1— Repeal the resolution in its entirety.
If the City Council chooses to repeal the resolution in its entirety, the resolution shall not again be enacted by the legislative body for a period of one year after the date of its repeal. The potential impacts to the City of Yucaipa if the Freeway Corridor Specific Plan does not move forward can be found in the staff report from the September 22, 2025, Regular City Council Meeting (Attachment 2).
Option 2 — Call an election.
If the legislative body does not entirely repeal the resolution against which the petition is filed, the legislative body shall submit the resolution to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election called for the purpose, not less than 88 days after the order of the legislative body.
Election dates are established Pursuant to § § § 1003, 1410, & 1500 of the Elections Code. The next regular municipal election occurring in the City of Yucaipa is scheduled for Tuesday, November 3, 2026 (consolidated).
Should the Council choose to call a special election, possible dates are as follows:
• In -person election to be held on April 14, 2026 (Standalone) • Mail -ballot election to be held on May 5, 2026
• In -person election to be consolidated with the 2026 California Primary election occurring on June 2, 2026 (Consolidated)
• Mail -ballot election to be held on August 25, 2026
The cost of an election will depend on whether it is a standalone or consolidated election. Standalone elections tend to be more expensive whereas consolidated elections are more cost effective. The ROV was able to provide cost estimates for elections to be held in April & June of 2026 (Attachment 3) but was unable to provide an estimate for the November 2026 election.
There is no official deadline for the Council to render a decision. However, now that the referendum petition has qualified, the Resolution will remain suspended and shall not go into effect unless and until a majority of Yucaipa voters approve it at an election. Staff recommends that the City Council adopt the Resolution accepting the Certificate of Sufficiency, attached hereto as Attachment 1, and discuss all options related to an election and provide further direction to the City Clerk.
FISCAL IMPACT:
The recommendations do not result in a direct and immediate fiscal impact. Future costs will vary based on direction provided.
Attachment(s):
1. Resolution No. 2025-57
2. 9/22/2025 Agenda Report — Freeway Corridor Specific Plan Update Study Session
3. Cost Estimates
Approved by:
ATTACHMENT 1
RESOLUTION NO. 2025-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, ACCEPTING THE CERTIFICATE OF SUFFICIENCY OF THE REFERENDUM OF RESOLUTION NO. 2025-54 (FREEWAY
CORRIDOR SPECIFIC PLAN UPDATE)
WHEREAS, on August 25, 2025, at a duly noticed public hearing, the Yucaipa City Council adopted Resolution No. 2025-54, approving the Freeway Corridor Specific Plan Update; and
WHEREAS, on August 28, 2025, the City Clerk's Office received a proposed impartial summary on behalf of Yucaipa resident Ro Randolph who declared herself to be the proponent of a referendum effort related to Resolution No. 2025-54; and WHEREAS, the City Attorney prepared an impartial title and summary in compliance with the provisions of California Elections Code § 9238 and submitted it to the City Clerk within 10 business days; and
WHEREAS, a referendum petition protesting the adoption of a resolution must be filed with the City Clerk within thirty (30) days following its adoption and must bear the signatures of not less than ten percent (10%) of the registered voters of the City; and WHEREAS, upon submission of a valid petition meeting these requirements, the effective date of the resolution is suspended, and the City Council is required to either repeal the resolution in its entirety or submit it to the voters at an election; and WHEREAS, per the San Bernardino County Registrar of Voters' last report of registration to the Secretary of State pursuant to California Elections Code § 9237, the number of verified signatures required was 3,617; and
WHEREAS, on September 30, 2025, the petition was timely submitted to the Office of the City Clerk in accordance with California Elections Code § 9237; and WHEREAS, on September 30, 2025, after completing the prima facie review of signatures, the City Clerk deteituined that the petition contained more than the minimum number of signatures and therefore submitted it to the San Bernardino County Registrar of Voters for signature verification; and
WHEREAS, on Tuesday, October 14, 2025, the City Clerk received from the San Bernardino County Registrar of Voters the official Certificate of Sufficiency verifying that the referendum petition contained the requisite number of valid signatures of registered voters, which certificate is attached hereto as Exhibit "A" and incorporated herein by this reference; WHEREAS, California Elections Code §9114 requires the certificate as to the sufficiency/verification of signatures to be submitted to the City Council at its next regular City Council meeting following the certification.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1.
The City Council hereby accepts the Certificate of Sufficiency of the petition of the Referendum Against Resolution No. 2025-54, attached hereto as Exhibit A.
Acceptance of the certificate shall not constitute any determination regarding the merits of the referendum or the underlying legislative action.
Section 2. The City Clerk shall certify as to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED this 27th day of October, 2025.
Jon Thorp, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
Exhibit A
SAN BERNARDINO
COUNTY
October 14, 2025
777 East Rialto Avenue, San Bernardino, CA 92415 I Phone: 909.387.8300 Fax: 909.387.2022 www.SB(ount• y.gov
Registrar of Voters
Ana V. Sauseda MMC, Director of General Services/City Clerk City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399
Joani Finwall
Registrar of Voters
RE: A Referendum Against a Resolution Passed by the City Council of the City of Yucaipa. Council Resolution No. 2025-54
Dear Ana Sauseda,
As per your request dated September 30, 2025, the Registrar of Voters office has examined the petition for the City of Yucaipa entitled "A Referendum Against a Resolution Passed by City Council of the City of Yucaipa. Resolution No. 2025-54". As a result of our examination, we report the following:
1. Number of unverified signatures filed (raw count): 5,668
2. Number of signatures verified: 5,668
a. Number of signatures found SUFFICIENT: 4,214
b. Number of signatures found NOT SUFFICIENT: 1,454
3. NOT SUFFICIENT because DUPLICATE: 22
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this fourteenth day of October 2025.
41711
Joani Finwall
Registrar of Voters
BOARD OF SUPERVISORS
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ATTACHMENT 2
Item No.
AGENDA REPORT
DATE: September 22. 2025
TO: Honorable Mayor and City Council
6 FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin J. Matlock, Deputy Director of Community Development/City Planner p� SUBJECT: Freeway Corridor Specific Plan Update Study Session RECOMMENDATION:
That the City Council conduct a study session regarding the Freeway Corridor Specific Plan.
B ACKGROUND/DISCUSSION:
The undeveloped properties along the Interstate 10 Freeway corridor have been planned for housing, commercial and industrial development since the City of Yucaipa's earliest history. The City's long- term financial sustainability plan has also considered the subsequent property and sales tax revenue for the City resulting from the Freeway Corridor Specific Plan (FCSP). In addition. the City's public infrastructure funding model recognized the freeway corridor as a key component for funding the development communities" share of the cost of this public infrastructure.
To achieve these planned long-term goals. the City Council authorized over $750,000 from the General Fund in 2005 for the preparation and environmental review of the FCSP. In 2008, the City Council approved and adopted the FCSP in an effort to encourage development along the corridor and facilitate development for the individual property owners.
In 2016, the City Council approved an update to the City's General Plan. After going through that process, it was evident that the 2008 FCSP needed to be updated to be consistent with the post - recession economic market, housing market and environmental review requirements of that time. This was also made apparent by the lack of development in the corridor area since 2008 when the FCSP was first approved.
Between 2018 and 2020, the City Council directed staff to prioritize updating the 2008 FCSP and seek funding to pay for the update. In 2020, the City of Yucaipa was awarded multiple grants totaling over $250.000 and began preparation of an update to the 2008 FCSP. In 2021 the City Council directed staff to update the FCSP and specifically address the following key points:
• Provide more flexibility for development in open space areas \i hile allowing for views and rural appearances where appropriate.
• Preserve views of ridgelines south of the 1-10 Freeway and along Oak Glen Road. • Distinguish the difference between functional open space and natural 'environmental sensitive areas.
• Manage traffic impacts.
• Hide warehouses from the I- I (i Freeway and adjacent City Streets On August 25.2025. the City Council adopted an update to the FCSP that maintained the overall intent of the original 2008 FCSP. but included a variety of updates that were meant to improve the market feasibility of the area, while reducing public infrastructure costs and reducing vehicular traffic at build - out.
Following the adoption of the 2025 FCSP Update. the process for a referendum was initiated to overturn the City Council's decision with the expressed goal to restrict the development of the freeway corridor. This process allows a direct vote by the electorate rather than its representatives, the City Council.
Supporters of the referendum have stated that the referendum stops warehouses. however. that is false.
What is true is that both the original 2008 FCSP and the 2025 FCSP Update allow warehouses in the corridor. In fact, the original 2008 FCSP allows for warehouses on the property known as the Pumpkin Patch as well as the properties along the opposite side of the I-10 Freeway. whereas the 2025 FCSP Update does not allow warehouses on the Pumpkin Patch property or the properties along the other side of the 1-10 freeway. The fact is the 2025 FCSP Update only allows warehouses south of the I-10 Freeway adjacent to the wastewater treatment plant and out of view.
Given the City's history of prioritizing and General Fund investment in development of the FCSP area. a study session was requested by the City Council to better understand the significance. likely consequences and impacts that would occur should the adoption and approval of the 2025 FCSP Update be overturned. A study session will add transparency to the process. provide factual information and provide a forum to discuss the complexities of the situation. It will also guide updates to the City's fiscal and land development policy should development in the FCSP area be limited and cause other areas of the City. to absorb future development.
At a high level. the 2025 FCSP Update is designed and intended to accomplish two primary goals:
1. Support the City's long-term fiscal sustainability.
2. Provide housing opportunities to support the City's adopted Housing Element.
The 2025 FCSP Update provides the mechanism to deliver on these objectives. Therefore, should the 2025 FCSP Update be overturned or limited. the City's strategies and goals will need to pivot.
The study session will highlight impacts to the following areas:
• Yucaipa's adopted and future Housing Element policy document • Historical public infrastructure funding model
• City's long term financial sustainability plan
• Development Impact Fee Program
A status summary will be provided to assist in this discussion and to gather any feedback that may be appropriate.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Approved by:
ATTACHMENT 3
Quotes will be available at the meeting.