Cities Index.
Agenda packet

Yucaipa City Council
December 8, 2025

Document
Agenda packet
Meeting
December 8, 2025
Body
Yucaipa City Council
Pages
27
Original file
818 KB
Text extracted from the city's file for reading and search. Open the original on coydocs.yucaipa.gov. That file is the official record.

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Docusign Envelope ID: 1E040D18-79C1-42CD-95DF-7563AC9ACBAF EXHIBIT "C"

INSURANCE
(A) INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees.

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS' COMPENSATION INSURANCE. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages 00091740.2
SOLA9a5eilY frfflrfapf nda
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Docusign Envelope ID: 1 E040D18-79C1-42CD-95DF-7563AC9ACBAF set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop -down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.

Any umbrella or excess insurance shall contain or be endorsed to 00091740.2
1afiil9Weii}r Istfiipkenda

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264

Docusign Envelope ID: 1 E040D18-79C1-42CD-95DF-7563AC9ACBAF contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
00091740.2
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Docusign Envelope ID: 1 E040D18-79C1-42CD-95DF-7563AC9ACBAF Michael Baker

INTERNATIONAL
August 4, 2025
Benjamin Matlock
Deputy Director of Community Development/City Planner
Yucaipa, California
(909) 797-2489
RE: Proposal for Contract Planner Services
We Make A Difference
Dear Mr. Matlock,
Michael Baker International, Inc. (Michael Baker) is pleased to submit this proposal to assist the City of Yucaipa by providing Contract Planning Services. Through our broad and varied experience providing assistance over multiple jurisdictions, we have developed a unique perspective on how to deliver these services efficiently. We value that perspective and use it to make a difference within the communities we serve; we go where we are needed, helping cities deal with the ebb and flow of workloads and priorities, all while maintaining our commitment to provide exceptional customer service.

Our team has access to the technical resources and support of Michael Baker's 4,500+ person organization, and we will draw on those resources as necessary in our service delivery.

Scope of Services:

We understand that the City of Yucaipa is requesting Contract Planner services for a period of 7 months or more. This position would mainly provide services at the front counter and assist with processing both current planning entitlements of varying complexities and plan checks. Michael Baker will provide an Associate Planner who can provide the following tasks:
• Review, analyze and process discretionary cases consistent with City codes, policies and standards.
• Respond to planning inquiries in a timely fashion, by phone or email. • Prepare environmental analysis, including, but not limited to, Initial Studies and Negative Declarations, as required by the California Environmental Quality Act (CEQA). • Prepare and file Notice of Determination (NOD) Notice of Exemption (NOE). • Provide Plan check services
• Route plans to City departments; consolidate comments; and present recommendations and revisions to the applicant.
• Serve as case planner on entitlements of varying complexity. • Prepare or update visual documents such as policy manuals, customer handouts, or FAQ's. • Meet and/or teleconference with staff and/or the applicant as necessary to identify and discuss critical items and develop workable solutions, as necessary. • Prepare staff reports, for consideration and action by the appropriate decision -making bodies. • Prepare resolutions and/or ordinances related to proposed development projects. • Prepare and coordinate the posting, publication and mailing of all required public notices. • Perform other related duties as assigned by the City Planner.

Key Staff:
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Docusign Envelope ID: 1E040D18-79C1-42CD-95DF-7563AC9ACBAF • Aaron Lobliner- Department Manager
• Kenny Taylor -Associate Planner
Kenny would serve the City in -person for 36 hours per week. Kenny's resume is included below:

Mi►„1Uyei 3.akt r

INTERNATIONAL
ouncil Agenda
267

Docusign Envelope ID: 1E040D18-79C1-42CD-95DF-7563AC9ACBAF Kenny Taylor
Associate Planner
General Qualifications
Mr. Taylor is an accomplished planner with over 13 years of experience in the land use planning and development field. He has experience in both planning and code enforcement, at multiple jurisdictions. He excels in customer service, staff report writing, plan review, presentations to public hearing boards, entitlements, and permitting.

Experience
Associate Planner, City of Palm Desert. Served as case planner on numerous entitlements with roles including but not limited to reviewing projects for adherence to zoning code and general plan requirements, coordinating multidepartment review, and presenting to a decision making body in a public hearing. Projects included a new hotel, new retail building, and a new fitness center, and other administrative and conditional use permits. Also reviewed building and grading plans for adherence to city codes and design guidelines.

Associate Planner, County of Monterey. Served as a staff liaison with community groups in unincorporated areas of the county. Managed the preparation of environmental documents including Mitigated Negative Declarations and Environmental Impact Reports for residential, commercial, and industrial projects. Served as case planner on numerous entitlements requiring multi jurisdictional reviews, including reviews by Airport Land Use Commission and California Coastal Commission.

Years of experience 13
Degrees
B.A., Urban Planning,
Texas A&M
Contract Planner, City of Temecula. Served as case planner on entitlements including conditional use permits, parcel maps, zone changes, and design reviews. Reviewed ministerial applications such as building permits and business licenses for City zoning code requirements.

Planner I, County of Imperial. Provide courteous and expeditious customer service to the general public and City Department staff. Review of major, minor and OTC plan checks for consistency with the general plan and zoning code. Served as case planner on variances, lot mergers, and other entitlement applications. Also served the city as a code enforcement officer.
ouncil Agenda

INTERNATIONAL
268

Docusign Envelope ID: 1E040D18-79C1-42CD-95DF-7563AC9ACBAF Pricing:

Kenny's hourly rate would be $140 per hour, in line with our rate sheet below. The hourly rates are fully burdened, and the City will only be billed for hours worked by our staff on -site at Yucaipa City Hall, or remotely as authorized by the City. The workload would consist of a combination of day-to-day services to fill staff vacancies, developer -funded (i.e., cost -recovery) projects, and long-range planning assistance funded with general plan maintenance fees. A discrete not -to -exceed budget would be established in the contract for this role. The cumulative cost for one Associate Planner offered for an approximate 7-month period beginning on August 18th and ending on March 19, 2026, would be approximately $151,200.
2025 RATE SHEET
Effective January 2025 through December 2025
Comprehensive Planning Services
Project Director/Advisor
Principal Planner
Senior Planner
Associate Planner
Assistant Planner
$225 - $350
$180 - $225
$140 - $180
$110-$140
$100 - $110
Planning Technician $90 - $100
Rates are subject to a 3% annual increase.

If you have any questions regarding this proposal or wish to discuss any items, please contact Aaron Lobliner at 562-714-4079 or aaron.lobliner(c�mbakerintl.com.

Sincerely,
Fareeha Kibriya, AICP, LEED AP
Office ExecutiveNice President
Aaron Lobliner
Department Manager
© ouncil Agenda

INTERNATIONAL
269

DATE:

TO:

AGENDA REPORT
December 8, 2025
Honorable Mayor and City Council
Item No. 12
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin J. Matlock, Deputy Director of Community Development/City Planner Katie Syme, Development Services Technician V/
SUBJECT: Extension of Time Request — Second Extension of Time request (Case No. PLN-EXT- 25-0005) of two years for TTM 19929, a Tentative Tract Map for a one (1) lot subdivision for condominium purposes, consisting of 40 detached condominiums on

6.8 acres on a Multiple Residential (RM-72C) property located at 12959 5th Street; APN: 0319-152-13. (Reference Case No. 14-140/CUP, 20-145/EXT) RECOMMENDATION:

That the City Council approve a second Extension of Time of two years for Tentative Tract Map 19929, subject to the attached Conditions of Approval originally dated January 17, 2018 and last amended on July 21, 2025, and adopt the Findings as contained in this Agenda Report.

BACKGROUND/DISCUSSION:

In 2024, the California Legislature passed AB 2729 in response to market conditions that were caused by the COVID-19 pandemic, which provided automatic State extensions to all active housing entitlements (Conditional Use Permits, Tentative Tract Maps, Tentative Parcel Maps, etc.). The actions of the State resulted in an automatic extension of housing entitlements issued before January 1, 2024, that would expire before December 31, 2025, for a period of 18 months.

In accordance with AB 2729, Tentative Tract Map No. 19929 was set to expire on July 21, 2025.

Prior to this expiration date, the applicant, Craig Celse, applied for this proposed second extension of time request.

Upon approval, Tentative Tract and Parcel Maps are provided 36 months to timely file a map for recordation, which can be extended by an additional 36 months by staff if requested by the applicant. Pursuant to Section 83.040220(f) of the Yucaipa Development Code, once a Tentative Tract Map has received an initial extension of time for a period of 36 months, "Additional extensions of time, for a period or periods not exceeding a total of 24 months, may only be approved by the City Council." This provision of the Development Code is consistent with the Subdivision Map Act, which is the State law governing the regulation of all subdivisions within California.
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The Tentative Tract Map 19929, which was originally approved by the Planning Commission on January 17, 2018, permitted 40 detached condominiums to be created on approximately 6.8 acres.

On January 7, 2021, the applicant submitted their first Time Extension request, and City staff approved a 36-month time extension pursuant to Section 83.040220(0 of the Yucaipa Development Code and the Subdivision Map Act, which resulted in a new Tentative Tract Map expiration date of January 07, 2024. With the State's AB 2729 extensions, the expiration date for the Project was July 21, 2025. Another time extension request was then timely filed with a revised expiration date of July 21, 2027.

The Conditions of Approval for the subdivision were amended as part of the first Time Extension (Case No. 20-140/EXT), and those changes are reflected with strikeeut text for removed language, and bold text for new language. No additional changes to the Conditions of Approval from the initial Time Extension request are proposed aside from minor text updates (i.e. replacing California Department of Forestry and Fire Protection with CAL FIRE, changing the California Fire Code year, etc.).

The applicant for the Extension of Time request had indicated that the current extension is necessary due to market conditions where it is not economically feasible to build the project, which have substantially delayed the efforts to complete the recordation process of the Final Tract Map.

In addition, they have been exploring an amended project design that would potentially add more units to better meet current market demand, but would like to maintain this entitlement during that process. Staff has been able to make all the necessary findings to support the additional Extension of Time, and under existing State and local law, this is the final extension of time the Project is eligible to receive. No changes to the map are proposed; however, the original Conditional Use Permit (Case No. 14-140/CUP) has expired. Interest has been expressed by prospective developers to purchase this property and apply for a new Conditional Use Permit and either use the previously approved Tract Map or make the necessary modifications described above.

If the proposed Extension of Time is not approved by the City Council, the applicant would have to start the process over and submit a new Tentative Tract Map application. Alternatively, if the extension is approved, the applicant would have two additional years to timely file the Final Tract Map. If the final map is not filed by the extended expiration date, the applicant would have to start the process over and submit a new Tentative Tract Map application. With approval of the proposed Extension of Time, the expiration date would be July 21, 2027, and no further Extensions of Time may be granted.

ENVIRONMENTAL REVIEW:

A Mitigated Negative Declaration (MND) was prepared and adopted as part of the original project approval. Public Resources Code § 15162(a) indicates that no subsequent MND shall be required for a project when the following findings can be made:
• No substantial changes are proposed in the project which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and 12/08/2025 City Council Agenda
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• Substantial changes did not occur with respect to the circumstances under which the project will be undertaken which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and • No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous MND was certified as complete shows any of the following:
o The project will have one or more significant effects not discussed in the previous MND;
o Significant effects previously examined will be substantially more severe than shown in the previous MND;
o Mitigation measures previously found not to be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure; or
o Mitigation measures or alternatives which are considerably different from those analyzed in the previous MND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure.

Using historical and current aerial images, staff has analyzed the existing conditions at the time the Tentative Map was approved compared to present conditions. The topography and extent of development on the Tentative Map site remains unchanged. Additionally, the parcels adjacent to the project site remain unchanged. Considering the lack of significant or substantial change in existing conditions, staff recommends that the City Council find that this project requires no further environmental analysis based on the findings contained in Section 15162 of the CEQA Guidelines.

There have been no changes to the project, and the tentative map remains within the scope of the Mitigated Negative Declaration that had been originally adopted.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Attachments:

1. Findings for Tentative Tract Map 19929

2. Conditions of Approval for Tentative Tract Map 19929

3. Approved Tentative Tract Map 19929
Approved by:
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ATTACHMENT 1
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FINDINGS: TENTATIVE TRACT MAP 19929

1. The proposed project will not have a significant impact on the environment because the required mitigation measures will reduce the potential level of impact to less than significant.

2. 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 RM-72C (Multiple Residential — 7,200 square foot minimum lot sizes) Land Use District, and the Conditions of Approval address the provision of public services and improvements.

3. 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.

4. 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 project is located in a developing urban residential area and the site does not contain natural features or habitat that can support threatened or endangered species known to the region.

5. 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.

6. 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.

7. The design of the subdivision provides to the extent feasible, passive or natural heating and cooling opportunities because the project's design has included variable setbacks to promote optimum spacing of structures, and sufficient lot areas are available, which will provide opportunities for the use of solar energy.

8. The proposed subdivision, its design, density, and type of development and improvements conforms 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 the Development Code, and all public agencies that may be affected by this development have had their concerns addressed by the Conditions of Approval.

9. 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 2
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275

TMC 1 Yucaipa, LLC
TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval: Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25
ON -GOING CONDITIONS/GENERAL REQUIREMENTS:

PLANNING DIVISION (909) 797-2489 EXT. 224

Page 1 ends

1. This Tentative Tract Map is a one (1) lot subdivision for condominium purposes, consisting of 40 detached condominiums on 6.8 acres.

2. Sewage disposal shall be by the Yucaipa Valley Water District. A development agreement shall be executed by the applicant and the Yucaipa Valley Water District.

3. Water service shall be by the Yucaipa Valley Water District. A development agreement shall be executed by the applicant and the Yucaipa Valley Water District.

4. The maintenance of graded slopes and landscaped areas shall be the responsibility of the developer until the transfer to individual ownership or until the maintenance is officially assumed by an approved maintenance authority.

5. All new utility lines shall be placed underground. Existing overhead distribution lines shall be placed underground when three (3) or more utility poles on the same street are located on or adjacent to the project site.

6. Mail delivery shall be by neighborhood boxes or other delivery as approved by the U.S. Postal Service.
7 The applicant shall defend, indemnify and hold harmless the City, its agents, officers and employees from any claim, action or proceeding attacking or seeking to set aside, void or annul the approval of all or part of the matters applied for, or any other claim, action or proceeding relating to or arising out of such approval.

This obligation includes the obligation to reimburse the City, its agents, officers and employees for any court costs or attorney fees which the City, its agents, officers, or employees are required by a court to pay as a result of such claim, action or proceeding. The City agrees to notify the applicant of any such claim, action or proceeding promptly after the City becomes aware of it. The City may participate in the defense of the claim, action or proceeding, but such participation will not relieve the applicant of applicant's defense and indemnification obligations, including City expenses.

8. The applicant/owner shall pay a fee of $ 2,280.75, pursuant to Senate Bill 1535.

This fee shall be submitted to the Planning Division within three (3) days after the date of conditional approval along with a $50.00 administrative handling fee required by the Clerk. Payments shall be made with a Check, Money Order or Cashier's Check for $2,330.75 made payable to the "Clerk of the Board". 12/08/2025 City Council Agenda
276

TMC 1 Yucaipa, LLC
TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

Page 2 ends

The Planning Division shall then file the Notice of Determination within three (3) days after the effective date of conditional approval. The applicant should be aware that Section 21089(b) of the Public Resources Code provides that any project approved under CEQA is not operative, vested or final until the required fee is paid. Proof of fee payment will be required prior to Final Map recordation.

9. Developers of residential development projects greater than a single dwelling unit shall attempt to ensure that at least 25% of the total cost of the project will be spent with Yucaipa businesses and/or the hiring of Yucaipa residents.

10. All proposed road names shall be reviewed and approved by the City Planner.

11. The Conditional Use Permit component of the Project shall become null and void if all conditions have not been complied with and the occupancy or use of the land has not taken place within three (3) years of the date of approval. One extension of time, not to exceed three (3) years, may be granted upon written request and submittal of the appropriate fee not less than 30 days prior to the date of expiration. PLEASE NOTE: this will be the only notice given for the above specified expiration date. The applicant is responsible for the initiation of an extension request. The Tentative Tract Map component for the one lot subdivision shall follow the timelines specified under Section 83.040220(f) of the Yucaipa Development Code
CDF FIRE DEPARTMENT (909) 797-2489 EXT. 246

12. This project is protected by the Yucaipa Fire Department/ of Forestry and Fire Protection CAL FIRE. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Marshall for verification of current fire protection development requirements. All new construction shall comply with the adopted Uniform Fire Code and all applicable statutes, codes, ordinances, standards and policies of the Yucaipa Fire Department/C-D.= CAL FIRE.

13. Fire Department access roads and/or public/private streets shall meet the Fire Department minimum width standard of twenty-four (24) feet. Within FR-1 zone minimum width shall be twenty-six (26) feet. Access roads shall be paved (asphalt/concrete) and in place prior to placement of combustible material on site. Fire Department minimum paving thickness shall be no less than four (4) inches. This standard shall not lessen other agency requirements.

14. Fire Department access roads and/or public/private streets and residential driveways shall have a minimum vertical clearance of thirteen (13) feet and six (6) inches.

Amended
7/21/25
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TMC 1 Yucaipa, LLC
TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

Page 3 ends

15. Fire Department access roadways and/or public/private streets and driveways shall not exceed 12% grade (please note: Engineering Division requirements may be more restrictive).

16. Cul-de-sac and dead-end streets shall not exceed 350 feet in FR-1 areas, and in all other areas, cul-de-sacs shall not exceed six hundred (600) feet in total length, unless otherwise approved by the Fire Marshall.

17. Required fire flow for this project, as determined by I.S.O. Formula, is as follows:
gpm = 1,500; at 20 psi residual; for 2 hour duration. System shall be looped with minimum eight (8) inch mains; six (6) inch laterals; six (6) inch risers; six (6) inch diameter hydrants with one 2 1/2" outlet and one 4" outlet.

18. Approved fire hydrants capable of supplying required fire flow shall be provided to all premises upon which facilities, buildings or portions of buildings are constructed or moved within the jurisdiction. When any portion of the facility or building protected is in excess of 400 feet from a fire hydrant on a public street, as measured by an approved route around the exterior of the facility or building, additional fire hydrants, meeting the required fire flow, shall be provided.

19. Fire hydrants shall be installed at locations to be determined by the California Fire Code (2016 2022 or `Currently Adopted') Appendix "C". Required fire flow to be determined by the California Fire Code (2016 2022 or `Currently Adopted') Appendix "B". Minimum fire flow shall not be less than 1500 gpm.

Amended
7/21/25

20. Where an automatic extinguishing system or standpipe system is in place, the system shall be serviced and maintained in operating condition according to NFPA and California State Fire Marshall requirements.

ENGINEERING DIVISION (909) 797-2489 EXT. 254

21. Preliminary WQMP shall be submitted for review. If project will not require a WQMP, documentation indicating a WQMP is not required shall be submitted.

22. Submit WQMP Plan for Approval.

23. Groundwater pollution from urban run-off water generated by the project shall be mitigated using various structural and non-structural best management practices (BMP's), per the requirements of the California Regional Water Quality Control Board, Santa Ana Region and/or as indicated in the "New Development/Redevelopment Guidelines". All provisions of the Water Quality Management Plan (WQMP) consistent with the 2010 MS4 permit and most recent regulatory mandates shall be met.
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278

TMC 1 Yucaipa, LLC
TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

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24. The natural drainage courses traversing the site shall not be occupied or obstructed.

25. All lots must drain to streets, per the approved WQMP if applicable. If lots do not drain to streets, the cross lot drainage will be reviewed and approved by the City Engineer under provision of the Uniform Building Code Appendix 33 and the Development Code.

26. Applicant shall demonstrate that the site does not create concentrated discharges to adjacent properties and/or public right-of-way in excess of historical flows. If project does create concentrated or sheet flows off -site that are greater than historical, the applicant shall demonstrate that the downstream facilities can accommodate flows; otherwise, applicant shall provide on -site detention for excess flows in accordance with the approved WQMP.

27. 5th Street shall be designed as a water -carrying street and its water carrying capacity shall be retained.

28. Lots adjacent to water -carrying streets shall be adequately elevated above the top of curb, or block walls provided, or both, to minimize the possibility of street flows entering the lots.

29. Roads within this development shall not be entered into the City Maintained Road System.

30. Road sections within and/or bordering the tract shall be designed and constructed with curbs, gutters, and sidewalks to City Road Standards, and in accordance with the General Plan Circulation Element. At intersections and driveways entering the street, the first 20 feet of slope shall not exceed 6%.

31. Final improvement plans and profiles shall indicate the location of any existing utility facility which would affect construction. Existing utility poles shall be shown on the improvement plans and relocated as necessary without cost to the City.

32. Slope rights shall be dedicated on the Final Tract Map where necessary.

33. An approved type wall/barrier shall be required along the rear of double frontage lots and shall be constructed outside the public right-of-way.

34. Private roads to be constructed within this development shall be built to public road standards per City policies and requirements (including Standard Number 102-0), and they shall not be entered into the City Maintained Road System.

35. Turn-arounds at dead-end streets shall be in accordance with the requirements of the Fire Marshall.
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TMC 1 Yucaipa, LLC
TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

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36. A thirty-five (35) foot radius curb return is required for rounding the corner of intersecting roads when the half -width right-of-way of any intersecting road is forty (40) feet or greater. A twenty (20) foot radius curb return is required for rounding the corners of intersecting roads if the half -width right-of-way of all intersecting roads is less than forty (40) feet. At intersections, street dedication (right-of-way) shall be a corner cut-off from point of curb return (PCR) to PCR of property line.

37. Road profile grades shall not be less than 0.5% unless the engineer at the time of submittal of the improvement plans provides justification to the satisfaction of the City Engineer confirming the adequacy of the grade.

38. Paved access is required from each parcel being created to a publicly maintained road. City street name signs shall be installed indicating street names and if publicly maintained or not.

39. Continuous water spraying or other approved methods must be used during grading operations to control fugitive dust.

40. Adequate provisions shall be made to intercept and conduct the tributary drainage flows around or through the site in a manner which will not adversely affect adjacent or downstream properties at the time the site is developed.

THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO
RECORDATON OF THE FINAL MAP:

CDF FIRE DEPARTMENT (909) 797-2489 EXT. 246

41. Two sets of water delivery system plans, designed to meet the required fire flow for this project and/or development, shall be submitted to the Fire Department for approval.

42. Applicant -developer shall provide the Fire Department with a letter from the water provider serving the project -development verifying that financial arrangements have been made and bonds posted for the required Fire Department approved water improvements.

ENGINEERING DIVISION (909) 797-2489 EXT. 254

43. A preliminary soils report shall be filed with and approved by the City Engineer.

44. Non -vehicular access shall be indicated on the Final Map and Composite Development Plan on 5th Street and along the rear of double frontage lots. 12/08/2025 City Council Agenda
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Amended by Case No. PLN-EXT-25-0005
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45. Adequate provisions shall be made to intercept and conduct the off -site tributary drainage flow around or through the site in a manner which will not adversely affect adjacent or downstream properties.

46. Adequate City Drainage Easements (minimum fifteen (15) feet wide) shall be provided over the natural drainage courses and/or drainage facilities, including WQMP identified BMP areas. The easements shall be designed to contain the 100-year frequency storm flow plus bulking and freeboard per City Standard Criteria. Flowage easements or City Drainage Easements shall be obtained where diversion or concentration of runoff from the site or drainage facilities dewaters onto private property.

47. Detention basins shall be designed and constructed in accordance with the criteria set forth in the City Detention Basin Policy and the approved WQMP. All work shall be reviewed and approved by the City Engineer.

48. Detention basins for the purposes of water quality filtration shall be designed and constructed in accordance with the criteria set forth in the project WQMP, landscape plans and City Detention Basin Policy. All work shall be reviewed and approved by the City Engineer.

49. Should the use of detention basins be determined not appropriate in this case, the applicant shall design an alternate method, approved by the City Engineer.

50. The WQMP shall be approved and the developer shall provide a financial mechanism for the maintenance of the detention basins which shall be set in place and approved by the City Engineer. The WQMP maintenance agreement shall be executed and recorded by the applicant.

51. In addition to the drainage, traffic related, or other requirements stated herein, other "on -site" or "off -site" improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to the City Engineer.

52. A Registered Civil Engineer shall investigate and design adequate drainage facilities to intercept and conduct the drainage flows around or through the site in a manner which will not adversely affect adjacent or downstream properties.

53. Existing City roads which will require reconstruction shall remain open for traffic at all times, with adequate detours, during actual construction. A cash deposit may be required to cover the cost of grading and paving prior to recordation of the map. Upon completion of the grading and paving to the satisfaction of the Engineering Division, the cash deposit will be refunded. 12/08/2025 City Council Agenda
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TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

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54. Trees, irrigation system, and landscaping required to be installed on public right- of-way within this project area shall be maintained by other than the City, with the exception of Landscape & Lighting Maintenance District areas, and shall be as specified in City standards for tree planting. Maintenance procedures acceptable to the Engineering Division shall be instituted.

55. Road improvement plans for 5th Street shall be prepared by a Registered Civil Engineer and submitted to the City for review and approval.

56. All required public road and drainage improvements shall be bonded in accordance with the Development Code and City Bonding Policy unless constructed and approved prior to recordation.

57. The applicant shall submit road improvement plans to the Engineering Division and bond for those improvements with the City.

58. A 14 foot grant of easement is required to provide a half -width right-of-way of 44 feet on 5th Street.

59. Curbs, gutters, sidewalks, and 32 feet of paving shall be installed on 5th Street.

Plans for all improvements must be approved by the Engineering Division, prior to installation of said improvements. A cash deposit or surety bond may be placed to fulfill this requirement.

60. Right-of-way and improvements (including off -site) to transition traffic and drainage flows from proposed to existing shall be required as necessary.

61. A Registered Civil Engineer or Licensed Land Surveyor shall be retained to design the proposed road alignment to the approval of the City Engineer. A contour map at sufficient intervals to determine existing topography (not to exceed five feet) prepared by a Registered Civil Engineer or a Licensed Land Surveyor shall be submitted to and approved by the City Engineer delineating the alignment and grade of the proposed access roads designed to City standards.

62. Applicant shall present evidence to the City Engineer that he has obtained a non- interference letter from any utility company that may have rights of easement within the property boundaries.

63. Easements of record not shown on the tract/parcel map shall be relinquished or relocated. Lots affected by proposed easements or easements of record, which cannot be relinquished or relocated, shall be redesigned.

64. Any off -site grading easements shall be obtained and these areas shall be contour graded.
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Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

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65. Applicant shall provide for street lighting within the tract as per adopted City standards and per Improvement Level requirements.

66. This project shall be required to annex into a Landscaping and Lighting Maintenance District (LLMD) or create a Homeowners Association (HOA) for new development if it is determined necessary for the provision of maintenance services per LLMD standards or specifications to public or common areas that may be a part of the development, and the applicant hereby agrees to waive the right to protest the formation of said district. Developer must submit to the City of Yucaipa two (2) blue -lines, full size, one (1) "as built" mylar landscape/irrigation plan, one (1) reduced 11 x 17 set, and one (1) 11 x 17 laminated set for the controller cabinet. Three copies of a Landscape Documentation Package, consistent with Division 10, Chapter 4, of the Development Code shall be submitted for review and approval. An Engineer's report shall be submitted and approved for the LLMD.

PLANNING DIVISION (909) 797-2489 EXT. 224

67. Applicant shall procure a verification letter from the sewering agency. This letter shall state the availability or denial of sewer connection and service by the agency to the proposed project.

68. Applicant shall procure a verification letter for water service from the entity whose geographical jurisdiction contains the proposed project. Certification that arrangements have been made to provide water service shall be submitted for sign -off.

69. An entity or association acceptable to the Planning Division shall assume responsibility for maintenance and operation of the proposed Public Water Supply System. Verification that arrangements have been made shall be submitted to the Planning Division.

70. An approved domestic water system and/or sewage collection system with adequate line and storage capacity to serve each parcel must be installed or bonded for. Contact Yucaipa Valley Water District for information regarding this procedure.

71. A Composite Development Plan, complying with Development Code Section

83.040505, shall be filed by the applicant with the Planning Division for review and approval.

72. The Composite Development Plan shall include the following notes:
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Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

Page 9 ends

A. All parcels may be located within 1,320 feet of existing accessory animal raising uses which existed prior to the creation of this subdivision. Such uses will be protected from nuisance complaints pursuant to the City Development Code, Section 84.0560, entitled "Accessory Animal Raising".

B. Prior to occupancy, a minimum number of one (1) inch caliper/15 gallon, multi -branched trees and an appropriate groundcover shall be planted in the parkway within street right-of-way as follows:

Small trees: 25 feet on center
Large trees: 30 feet on center
These trees are to be of a type and are to be placed in such a manner as indicated in note above.

C. Street trees in the parkway between sidewalk and curb shall be provided with a linear root barrier.

D. Specify three approved street tree types (actual variety is to be approved by the Planning Division) and detail the planting specifications as outlined in the City's Standards and Specifications for Tree Planting.

E. Prior to issuance of occupancy permits, slope planting shall be required for the surface of all cut slopes more than five (5) feet in height and fill slopes more than three (3) feet in height. Said slopes shall be protected against damage by erosion by planting with grass or ground cover plants.

Slopes exceeding eight (8) feet vertical height shall also be planted with shrubs, spaced at not to exceed ten (10) feet on centers; and trees, spaced at not to exceed thirty (30) feet on centers. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site.

Trees 50% 15 gal.; 50% 5 gal.

Shrubs 50% 5 gal.; 50% 1 gal;
Groundcover 100% coverage.

F. Prior to issuance of occupancy permits, slopes and parkways required to be planted shall be provided with an approved automatic system of irrigation, designed to cover all portions of the slope and parkway. A functional test of the system may be required. All irrigation systems, where required, shall be designed on an individual lot basis unless commonly maintained in an approved manner.
12/08/2025 City Council Agenda
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Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

Page 10 ends

G. No grading or structures of any type shall be permitted in the open space easements, including walls or fencing. Fuel modification improvements, natural vegetation and/or re -vegetation in compliance with resource agency permits and regulations, drainage facilities, and trail improvements are permitted in the natural open space areas.

H A six (6) foot decorative masonry wall shall be provided at the top of slope (if applicable) along the side and rear of lots adjacent to public roads and other walls as shown on the approved Tentative Map. All decorative walls shall be designed and constructed to incorporate design features such as tree planter wells, variable setback, split block face, columns, or other such features to provide visual and physical relief along the wall face.

Decorative block walls may incorporate see -through features to take advantage of views, such as wrought iron or tubular steel sections between decorative block pillars, but must include a minimum two (2) foot masonry base. Walls along street frontage shall be provided with a seal coat of graffiti resistant paint and/or dense landscaping in front of the wall.

No fence, wall, or retaining wall shall exceed six (6) feet in height unless a Variance is approved by the City.

73. Should a Mello -Roos Community Facilities District be formed to provide for City services, this project shall annex into the district if it is required by the City, and the applicant hereby agrees to waive the right to protest the formation of said district.

74. Proof of fee payment of Fish and Game fees pursuant to California State Assembly Bill 3158 shall be submitted.

75. The applicant/owner shall process a Condition Compliance Review through the City for verification of conditions prior to final map recordation.

76. The Covenants, Conditions & Restrictions (CC&Rs), which covenant shall run with the land, in a form satisfactory to the City Planner, shall require that the owners of the lots shall immediately remove any graffiti placed on publicly viewable trees, rocks or structures thereon to the City's satisfaction.

77. If CC&R's are proposed for this project, two copies shall be submitted to the Planning Division for review and approval to ensure consistency with City policies and standards.

78. A Homeowners Association shall be established for the on -going maintenance and management of the common open space, recreation facilities, private streets and drainage facilities, and landscaped areas. The front and street side yard and parkway landscaping for each dwelling unit, and all exterior fences, shall be 12/08/2025 City Council Agenda
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Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

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maintained by the Homeowners Association and incorporated into a Landscape Maintenance Easement. The Homeowners Association's By -Laws and CC&R's shall include this requirement for common maintenance of front yard landscaping and exterior fences, they shall prohibit individual garages from being used for the storage of personal belongings to the extent that they become unuseable for parking a minimum of two (2) vehicles, and they shall prohibit the storage of recreational vehicles (boats, trailers, etc.) in the off-street parking spaces. Said By -Laws and CC&R's also shall state that they cannot be amended without the express written consent of the City Planning Commission BUILDING AND SAFETY DIVISION (909) 797-2489 EXT. 263

79. Three copies of a Landscape Documentation Package shall be submitted for Building and Safety Division review and approval. Said Landscape Documentation Package shall be consistent with the requirements of Chapter 4, of Division 10, of the Development Code and include all of the following elements:

A. Project Information
(1) Date
(2) Project Applicant
(3) Project Address (if available, parcel and/or lot number(s)) (4) Total Landscape Area (square feet)
(5)
Project Type (e.g., new, rehabilitated, public, private, cemetery, homeowner -installed)
(6) Water Supply Type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well
(7) Checklist of All Documents in Landscape Documentation Package (8) Project Contacts (to include contact information for the project applicant and property owner)
(9)
Applicant Signature and Date (with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package"). 12/08/2025 City Council Agenda
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Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

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(B) Water Efficient Landscape Worksheet
(1) Hydrozone Information Table
(2) Water Budget Calculations
(I) Maximum Applied Water Allowance (MAWA)
(II) Estimated Total Water Use (ETWU)
(C) Soil Management Report
(D) Landscape Design Plan
(E) Irrigation Design Plan
(F) Grading Design Plan
(G) Certification of Substantial Completion (to be submitted after installation of the project).

A copy of the approved Landscape Documentation Package shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager. A copy of the Water Conservation Concept Statement and the Certificate of Substantial Completion shall be sent by the project manager to the local retail water purveyor.

80. Three (3) copies of a Landscaping and Irrigation Plan shall be submitted for Building and Safety Division review and approval for all proposed lots (including areas to be maintained by a Landscape Maintenance District, which shall have separate landscape plans). Said Landscape and Irrigation Plan shall include all of the requirements specified in the current City of Yucaipa Landscape Design and Installation Guidelines, and shall also include the following:

A. The required slope planting. Slope planting shall be required for the surface of all cut slopes more than five (5) feet in height and fill slopes more than three (3) feet in height. Said slopes shall be protected against damage from erosion by planting with grass or ground cover plants.

Slopes exceeding eight (8) feet in vertical height shall also be planted with shrubs, spaced at not to exceed ten (10) feet on centers; and trees, 12/08/2025 City Council Agenda
287

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TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

Page 13 ends

spaced at not to exceed thirty (30) feet on centers, per City Landscape Design and Installation Guidelines.

Trees 50% 15 gal.; 50% 5 gal.

Shrubs 50% 5 gal.; 50% 1 gal.

Groundcover 100% coverage
B. Parkway planting with trees and appropriate groundcover. Trees in the parkway between sidewalk and curb shall be provided with root barriers.

Tree spacing/location:

Small trees: 25 feet on center
Large trees: 30 feet on center
C. A six (6) foot decorative masonry wall shall be provided at the top of slope (if applicable) along the side and rear of lots adjacent to public roads and as shown on the approved Tentative Map. All decorative walls shall be designed and constructed to incorporate design features such as tree planter wells, variable setback, split block face, columns, or other such features to provide visual and physical relief along the wall face.

Decorative block walls may incorporate see -through features to take advantage of views, such as wrought iron or tubular steel sections between decorative block pillars, but must include a minimum two (2) foot masonry base. Walls along street frontage shall be provided with a seal coat of graffiti resistant paint and/or dense landscaping in front of the wall.

No fence, wall, or retaining wall shall exceed six (6) feet in height unless a Variance is approved by the City.

D. Neighborhood entry monuments, including elevations.

E. All required and proposed multi -use trails, including specifications for construction.

81. All irrigation systems, where required, shall be designed on an individual lot basis unless commonly maintained in an approved manner.

82. All landscaping and irrigation systems shown on the approved landscape and irrigation plans, all required walls, trails, and/or other improvements shall be completed or suitable bonds shall be posted for their completion. Separate bonds are required for individual lots and Landscape Maintenance District Areas. 12/08/2025 City Council Agenda
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TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

Page 14 ends

THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO ISSUANCE OF A GRADING PERMIT:

BUILDING AND SAFETY DIVISION (909) 797-2489 EXT. 263

83. The site shall be developed in compliance with all current model codes. All plans shall be designed in compliance with the latest editions of the California Building Codes as adopted by the City of Yucaipa.

84. Site development and grading shall be designed to provide access to all entrances and exterior ground floor exits and access to normal paths of travel, and where necessary to provide access. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warnings, signage, gates, lifts and walking surface material. The accessible route(s) of travel shall be the most practical direct route between accessible building entrances, site facilities, accessible parking, public sidewalks, and the accessible entrance(s) to the site. California Building Code (CBC) 11A and 11 B.
a. City of Yucaipa enforces the State of California provisions of the California Building Code disabled access requirements. The Federal ADA standards differ in some cases from the California State requirements. It is the building owner's responsibility to be aware of those differences and comply accordingly.

85. Commercial buildings on the site shall be accessible per California Building Code (CBC) 11B.

86. Multi -family buildings on the site shall be accessible/adaptable per California Building Code (CBC), Chapters; 11A and 11 B.

87. Site Facilities such as parking (open and covered), recreation facilities, and trash dumpsters, shall be accessible per California Building Code (CBC) 11A, 11 B and 31B.

88. Separate submittals and permits are required for all accessory structures such as but not limited to, trash enclosures, patios, block walls and storage buildings.

89. Pursuant to California Business and Professions Code Section 6737, this project is required to be designed by a California licensed architect or engineer. Based on change of use and potential exiting and fire life safety improvements.

90. Obtain a demolition permit for building(s) to be demolished. Underground structures must be broken in, back filled, and inspected before covering. 12/08/2025 City Council Agenda
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TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25
PLANNING DIVISION (909) 797-2489 EXT. 224

Page 15 ends

91. Grading permits shall not be issued for any areas to be graded and remain undeveloped until a revegetation plan is approved by the Planning Division, and until bonds are posted for revegetation.

92. An archaeological monitor must be on -site during initial rough grading activities.

If prehistoric or historic resources over 50 years of age are encountered during land modification, then activities in the immediate area of the finds shall be halted so that the archaeologist can assess the find, determine its significance, and make recommendations for appropriate mitigation measures. If Tribal Resources are uncovered, a Tribal Representatives will be contacted and a Tribal Monitor shall be retained. If not previously executed, a Treatment and Disposition Agreement shall be executed prior to issuance of a grading permit. A historical resources management report shall be submitted by the professional to document the monitoring, to evaluate resource significance and integrity, and if necessary, to evaluate project impacts and propose mitigation measures to mitigate potential adverse impacts.

93. If human remains are encountered on the property, then the San Bernardino County Coroner's Office MUST be contacted within 24 hours of the find, and all work halted until a clearance is given by that office and any other involved agencies, consistent with Section 15064.5 of the Guidelines for Implementing the California Environmental Quality Act. Contact the County Coroner at 175 South Lena Road, San Bernardino, CA 92415-0037, or (909) 387-2543.

94. To address any potential discovery of tribal resources, the applicant shall execute a Treatment and Disposition Agreement with the Soboba Band of Luiseno Indians. The agreement shall include the following:
a. The Developer/Builder shall coordinate with the Tribe(s) to identify and provide for an on -site burial area, as determined through the Treatment and Disposition Agreement. The area shall not be affected by identified flood zones or proposed utilities. As part of the Agreement, a burial area shall be identified and provide an area of not less than five feet by five feet and no more than 20 feet by 20 feet in area. The depth of the burial area shall be approximately 16 feet.
b. The Soboba Band shall be allowed, under California Public Resources Code§ 5097.98 (a), to (I) inspect the site of the discovery and (2) make determinations as to how the human remains and grave goods shall be treated and disposed of with appropriate dignity.
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Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

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c. The Soboba Band, as MLD, shall complete its inspection within twenty- four (24) hours of receiving notification from either the Developer or the AHC, as required by California Public Resources Code§ 5097.98 (a). The Parties agree to discuss in good faith what constitutes "appropriate dignity" as that term is used in the applicable statutes. d. Reburial of human remains shall be accomplished in compliance with the California Public Resources Code§ 5097.98 (a) and (b). The Soboba Band, as the MLD in consultation with the Developer, shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains.
e. All parties are aware that the Soboba Band may wish to rebury the human remains and associated ceremonial and cultural items (artifacts) on or near, the site of their discovery, in an area that shall not be subject to future subsurface disturbances. The Developer should accommodate on - site reburial in a location mutually agreed upon b} the Parties. f. The term "human remains" encompasses more than human bones because the Soboba Band's traditions periodically necessitated the ceremonial burning of human remains. Grave goods are those artifacts associated with any human remains. These items, and other funerary remnants and their ashes are to be treated in the same manner as human bone fragments or bones that remain intact.

ENGINEERING DIVISION (909) 797-2489 EXT. 254

95. Amended
7/21/25
Three (3) copies of The grading plan shall be submitted to the Building and Safety Division for review and approval. A copy of The grading plan shall be submitted to the Planning Engineering Division when graded slopes exceed five (5) feet in height. All on -site cut and fill slopes shall:

A. Be a part of the downhill lot when between individual lots, or as approved by the City Planner and City Engineer.

B. Incorporate recommendations of the approved geology and soils reports.

C. Be contour graded to blend with existing natural contours.

D. Be limited to a maximum slope ratio of two -to -one (2:1) and a maximum vertical height of thirty (30) feet. Setbacks from the top and bottoms of slopes shall be a minimum of one-half (1/2) the slope height or per CBC. 12/08/2025 City Council Agenda
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Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

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E. Preclude damage to the site and downstream properties during heavy storm run-off, especially during the construction stage by including a stringent slope, erosion, and sediment control program on the proposed grading plan. Any such damage allowed to occur will be the responsibility of the applicant.

G. Provide letters of consent from adjacent property owners for proposed offsite grading.

96. Applicant shall submit a Notice of Intent and comply with the requirements of the General Construction Activity Storm Water Permit from the State Water Resources Control Board if the project site is one (1) acre or greater.

97. Groundwater pollution from urban run-off water generated by the project shall be mitigated using various structural and non-structural best management practices (BMPs), per the requirements of the California Regional Water Quality Control Board, Santa Ana Region and/or as indicated in the "New Development/Redevelopment Guidelines." All provisions of the Water Quality Management Plan (WQMP) consistent with the 2010 MS4 permit and most recent regulatory mandates shall be met.

98. Prior to the alteration of any wetland habitats, the required permits or authorized clearance shall be obtained from the Department of Fish and Game in accordance with the Section 1600 et seq. of the State Fish and Game Code, from the United States Army Corps of Engineers in accordance with Section 404 of the Clean Water Act, and from the California Regional Water Quality Control Board Santa Ana Region in accordance with Section 401 of the Clean Water Act.

99. The applicant shall provide documentation indicating that the WQMP, grading plan, erosion control plan and landscape plan are consistent with each other. The documentation shall indicate that each document has been reviewed by the applicant for consistency.
100. Prior to signing of the improvement plans, any proposed grading within the road right-of-way shall be done under the direction of a Soils Testing Engineer, hired by the applicant. Compaction tests of embankment construction, trench backfill, and all subgrades shall be performed at no cost to the City. Prior to placement of any base materials, and/or paving, a written report shall be submitted by the applicant's engineer to the City Engineer for review and approval. 101. For any construction within City owned right-of-way, an encroachment permit, or authorized clearance, shall be obtained by the applicant from the Engineering Division.
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Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

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102. In addition to the drainage, traffic related, or other requirements stated herein, other "on -site" or "off -site" improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to the City Engineer.
103. A topographic map shall be provided to facilitate the design and review of necessary drainage facilities at the time the site is developed.

PRIOR TO ISSUANCE OF BUILDING PERMITS, THE FOLLOWING
CONDITIONS SHALL BE MET:

BUILDING AND SAFETY DIVISION (909) 797-2489 EXT. 263
104. The site shall be developed in compliance with all current model codes. All plans shall be designed in compliance with the latest editions of the California Building Codes as adopted by the City of Yucaipa.
105. Site development and grading shall be designed to provide access to all entrances and exterior ground floor exits and access to normal paths of travel, and where necessary to provide access. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warnings, signage, gates, lifts and walking surface material. The accessible route(s) of travel shall be the most practical direct route between accessible building entrances, site facilities, accessible parking, public sidewalks, and the accessible entrance(s) to the site. California Building Code (CBC) 11A and 11B.
a. City of Yucaipa enforces the State of California provisions of the California Building Code disabled access requirements. The Federal ADA standards differ in some cases from the California State requirements. It is the building owner's responsibility to be aware of those differences and comply accordingly.
106. Multi -family buildings on the site shall be accessible/adaptable per California Building Code (CBC), Chapters; 11A and 11B.
107. Commercial buildings on the site shall be accessible per California Building Code (CBC) 11B.
108. Site Facilities such as parking (open and covered), recreation facilities, and trash dumpsters, shall be accessible per California Building Code (CBC) 11A, 11B and 31B.
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Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

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109. Separate submittals and permits are required for all accessory structures such as but not limited to, trash enclosures, patios, block walls and storage buildings. 110. Pursuant to California Business and Professions Code Section 6737, this project is required to be designed by a California licensed architect or engineer. Based on change of use and potential exiting and fire life safety improvements. 111. Three copies of a Landscape Documentation Package shall be submitted for Building & Safety Division review and approval. Said Landscape Documentation Package shall be consistent with the requirements of Chapter 4, of Division 10, of the Development Code and include all of the following elements:

A. Project Information
(1) Date
(2) Project Applicant
(3) Project Address (if available, parcel and/or lot number(s)) (4) Total Landscape Area (square feet)
(5) Project Type (e.g., new, rehabilitated, public, private, cemetery, homeowner -installed)
(6) Water Supply Type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well
(7) Checklist of All Documents in Landscape Documentation Package (8) Project Contacts (to include contact information for the project applicant and property owner)
(9)
Applicant Signature and Date (with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package"). (B) Water Efficient Landscape Worksheet
(1) Hydrozone Information Table
(2) Water Budget Calculations
12/08/2025 City Council Agenda
294

TMC 1 Yucaipa, LLC
TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

Page 20 ends

(I) Maximum Applied Water Allowance (MAWA)
(II) Estimated Total Water Use (ETWU)
(C) Soil Management Report
(D) Landscape Design Plan
(E) Irrigation Design Plan
(F) Grading Design Plan
(G) Certification of Substantial Completion (to be submitted after installation of the project).

A copy of the approved Landscape Documentation Package shall be provided to the property owner or site manager along with the record drawings and any other information normally forwarded to the property owner or site manager. A copy of the Water Conservation Concept Statement and the Certificate of Substantial Completion shall be sent by the project manager to the local retail water purveyor.
112. Three (3) copies of a landscape and irrigation plan prepared by a Registered Landscape Architect for the planting (drought tolerant landscaping shall be utilized to minimize water consumption) and permanent irrigation system for the development, including setback areas and parkways, shall be submitted to the Building & Safety Division for review and approval. Said plans must be consistent with the City of Yucaipa Landscape Design and Installation Guidelines and include the following details:

A. Voltage boxes, mailboxes, trash enclosures, maintenance structures, backflow devices, automatic controls, air conditioning/heating units, etc., to be shown on the plan and screened with landscaping and/or decorative fencing/trim.

B. A permanent automatically -controlled irrigation system.

C. Landscaping shall consist of drought tolerant vegetation appropriate to the local climate. Trees, shrubs and ground covers in the following quantities shall be required as follows:

1. Tree planting (15 gallon size):
12/08/2025 City Council Agenda
295

TMC 1 Yucaipa, LLC
TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25
a. 1 for each 600 sq. ft. of total landscaped
area (one required, minimum);
b. 80% of total trees required to be 15 gallon;
c. 1 for every 12 parking stalls;

Page 21 ends

2. 24 to 96 inch box trees:
a. 20% of total trees required (one required, minimum).

3. Tree Spacing/location:
a. small trees: 20 feet O.C. max.;
b. large trees: 30 feet O.C. max.;
c. street trees: 15 gal. min./30 feet O.C. max.;
d. min. 6 feet from curbs, paving and sidewalks;
trees in parkway between sidewalk and curb
shall be provided with a linear root barrier.

4. 5 gallon shrubs:
a. 60% of total shrubs required to be 5 gallon;
b. 10 for each 300 sq. ft. of landscaped area.

5. 1 gallon shrubs:
a. 40% of total shrubs required.

6. Ground Cover:
a. Drought tolerant adapted when mature, or native;
b. Maximum spacing: 12 inches O.C., or as suitable for planting material;
c. Hydroseeding (establish recommended mixture); specify weight or volume per unit area.

D. Parking/vehicular circulation areas screened with landscaped berms adjacent to streets.

E. Landscape detail of trash enclosures, to be located within 200 ft. of building pad.

F. All walls and fences shall be shown, at the top of slope (if applicable), with the style, design, materials, and colors indicated.
12/08/2025 City Council Agenda
296

TMC 1 Yucaipa, LLC
TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

Page 22 ends

G. Design features to direct storm water run-off into landscaped pervious areas to achieve percolation into the ground before run-off flows reach the public right-of-way of 5th Street.

H. Detector -check valve assembly screening and camouflage, which shall include landscaped berms and/or depressions, shrub screening, and the painting of the equipment to match the landscaping. The height of the equipment shall not exceed the minimum ground clearance established by the applicable code. It is not permitted to be located within the front yard building setback area, unless otherwise approved by City Inspector.

PLANNING DIVISION (909) 797-2489 EXT. 224
113. The enrollment of the Yucaipa Joint Unified School District is severely impacted by new development. To mitigate the impact of this project, developer shall pay such taxes as are required by the Yucaipa Joint Unified School District Community Facilities District No. 1, and any other fees assessed by Government Code Section 53080, and 65995-65997.
114. The City of Yucaipa has implemented development impact fees for various infrastructure and capital facilities needs generated by new development. These fees will provide for various capital facilities including, but not limited to, roads, parks, flood control and drainage, public facilities, and fire fighting facilities. This project shall be subject to all such development impact fees which are in effect at the time building permits are issued.
115. A historical resources management report shall be submitted by the professional archeological monitor to document the monitoring of earth disturbing activities, to evaluate resource significance and integrity, and if necessary, to evaluate project impacts and propose mitigation measures for any adverse impacts. 116. Provide plans for conceptual landscaping, fencing, and detailed building elevations including materials, finishes and colors for all houses for Planning Commission review and approval prior to issuance of building permits. 117. The applicant/owner shall process a Condition Compliance Review through the City for verification of conditions prior to the issuance of building permits. 118. The applicant shall submit a "Solid Waste Recycling Plan" for review and approval. This Plan shall address two (2) principal recycling programs: 1) the recycling of construction waste/debris during the demolition and/or development phase of the project, and 2) the recycling of the solid waste that is generated daily by each proposed use during the operational phase of the project. The 12/08/2025 City Council Agenda
297

TMC 1 Yucaipa, LLC
TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

Page 23 ends

construction waste component shall include: complete information on the individual or firm that will be responsible for implementing the recycling plan; complete information on all proposed recycling facilities that will receive waste products; and estimates of the volume or weight of each type of material that will be recycled. The operational waste component shall include: complete information on the location, access, sizes, and numbers of solid waste and recycling bins needed to serve each proposed use that is located within the project. For information on the types of waste disposal services that are available, you may contact Yucaipa Disposal, Inc. at (909) 797-9125 for assistance.
119. Prior to issuance of building permits, the Project shall achieve at least 100 points under the Screening Table for residential projects in the City of Yucaipa Climate Action Plan.

CDF FIRE DEPARTMENT (909) 797-2489 EXT. 246
120. A fuel break of one hundred (100) feet (brush and weed clearance) is required prior to construction. The clearance shall be maintained on a year-round basis. 121. Fire hydrants shall be installed and operational as per approved water system delivery plans prior to any framing, construction, or delivery of combustible materials to project site.

SUBJECT PROPERTY SHALL NOT BE OCCUPIED AND/OR USED FOR

PURPOSES APPLIED FOR UNTIL THE FOLLOWING CONDITIONS
HAVE BEEN MET:

CDF FIRE DEPARTMENT (909) 797-2489 EXT. 246
122. Residential driveways shall be paved (asphalt/concrete) and shall have a minimum width of twelve (12) feet. Driveways of this standard shall serve no more than two single family dwellings and shall not exceed 12% in grade. 123. Fire Department access roadways and/or public/private streets exceeding one hundred fifty (150) feet in length shall have a Fire Department approved turn- around at the terminus (cul-de-sac). Minimum radius shall be not less than 40 feet.
124. Driveways exceeding 150 feet shall have a Fire Department approved turn- around at the terminus (hammer -head tee).
12/08/2025 City Council Agenda
298

TMC 1 Yucaipa, LLC
TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

Page 24 ends

125. Fire Department access roadways and/or public/private streets and driveways shall extend to within one hundred fifty (150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building. An access road, approved by the Fire Department, shall be provided to within fifty (50) feet of all structures when the natural grade between access road and structure is in excess of 30%. Where an approved access road cannot be provided, a fire protection system shall be required and approved by the Fire Department.
126. The public and/or private roadways serving this project shall be named. 127. Street name signs shall be installed with approved names. 128. Manual operated gates across Fire Department access roadways, public and/or private streets and driveways, shall be equipped with approved emergency key - operated ("Knox" type) locks. For automatic gates, a "Knox" keyed emergency access switch shall be installed at location determined by Fire Department, and shall over -ride all command functions and open gate automatically upon activation. All automatic gates shall have a manual over -ride for use during loss of electric power. "Knox box" request forms are available from the Fire Department. The applicant shall coordinate with the Fire Department and Police Department on any requirements for access.
129. Address numbers shall be placed on all new and existing residential structures in such a manner as to be plainly visible and legible from the access roadway or street. Single-family dwellings shall have numbers of 4" height, 3/8" 1/2" stroke on contrasting background. Address numbers shall be low voltage, automatically electrically illuminated. Where structure setback exceeds one hundred (100) feet from the access roadway or street, additional non -illuminated numbers 4" in height, 3/8" 1/2" stroke, on contrasting background shall be displayed at property access entrance.

Amended
7/21/25
130. Prior to final inspection, there shall be posted at each entrance of the complex an illuminated diagrammatic representation of the complex showing the locations of the viewer, the unit designations within the complex, and the locations of fire hydrants. The developer shall submit a drawing detail to the Fire Department for approval.
131. "No Parking — Fire Lane" signs shall be posted at locations designated by Fire Department. Fire lane curbs shall be painted red with white letters stating "No Parking — Fire Lane".
132. On -site fire hydrants capable of supplying the required fire flow shall be installed at locations identified by the Fire Marshall. System shall be looped with minimum 12/08/2025 City Council Agenda
299

TMC 1 Yucaipa, LLC
TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

Page 25 ends

eight (8) inch mains; six (6) inch laterals; six (6) inch risers; six (6) inch diameter hydrants with one 2 1/2" outlet and one 4" outlet.
133. Approved fire hydrant pavement markers shall be installed. 134. Residential automatic fire sprinklers shall be installed according to NFPA 13D, or Section R313 of the California Residential Code, and Fire Department requirements. Submit three (3) sets of shop plans with material cut sheets and hydraulic calculations for Fire Department review and approval prior to an installation. Submit copy of California C-16 license. Minimum water meter supplying a 13D system shall be 1" steel pipe, or '/4" if other than steel pipe.

Minimum pipe size for interior use shall be 1" steel pipe, or 'A" if other than steel pipe (actual pipe size to be hydraulically calculated). Residential sprinkler heads of proper temperature rating shall be installed in attic and built-up storage spaces where mechanical equipment (fau, water heater, etc.) is installed. 135. Smoke detectors, hard wired in series with battery back-up, shall be installed in all sleeping areas and in all hallways and areas/rooms leading to sleeping areas.

Smoke detectors shall be installed at the top of all stairways. At least one smoke detector shall be installed on the first floor level.
136. Carbon Monoxide detectors shall be installed pursuant to manufacturer specifications.
137. For each chimney used in conjunction with any fireplace or heating appliance in which solid or liquid fuel is used, an approved spark arrester shall be installed and visible from the ground. Spark arrester shall be of stainless steel, copper or brass, woven galvanized wire mesh, twelve (12) gauge, and minimum of 3/8" to 1/2" maximum openings.
138. The main electrical panel and all sub -panels shall be labeled on inside cover for all circuits.
139. Water heater (fuel fired) shall be property vented to exterior of structure. Water heater shall be seismic strapped to wall and be located 18" above a garage floor.

ENGINEERING DIVISION (909) 797-2489 EXT. 254
140. Construction of private roads and private road related drainage improvements shall be inspected and certified by the City Engineer.
141. All required road and drainage improvements shall be completed. 142. Projects subject to a building permit shall have all required on and off -site improvements, required for each phase, completed and approved prior to final 12/08/2025 City Council Agenda
300

TMC 1 Yucaipa, LLC
TTM 19929 (Case No. 20-145/EXT)
Amended by Case No. PLN-EXT-25-0005
Conditions of Approval; Original Date 1-17-18; Amended Date 1-07-21 Final Extension 7-21-25

Page 26 ends

inspection of any buildings or structures. The term "phase" as used here shall mean the following: "The block of building permits drawn on less than the whole project" or "A plan of building construction which indicates blocks of construction of less than the whole project." In each phase the installation of any on or off -site improvements shall be sufficiently completed so as to assure protection from storm or drainage run off, a safe and driveable access for fire and safety, and the ordinary and intended use of buildings or structures. The Building Official, with the concurrence of the City Engineer, may approve any plan or approve a change to an approved plan, which complies with the intent of this policy. 143. Developer shall be required to place construction traffic control in public right-of- way during the construction of off -site improvements. Traffic control devices shall be maintained 24 hours a day 7 days a week as directed by the City Engineer.
144. The Applicant shall provide written documentation that the WQMP is consistent with the BPMs shown on the as -built grading plans and landscape plans. In case of inconsistency, the Applicant shall revise the WQMP to match the as -built plans.

PLANNING DIVISION (909) 797-2489 EXT. 224
145. A minimum number of one (1) inch caliper/15 gallon, multi -branched trees shall be planted in the parkway within street right-of-way as follows:

Small trees: 25 feet on center
Large trees: 30 feet on center
The variety of tree to be provided is subject to City approval and to be maintained by the property owner. Trees in the parkway between sidewalk and curb shall be provided with a linear root barrier.
146. The applicable planting, irrigation, walls, monuments, and other improvements shown on the approved landscaping and irrigation plan shall be installed. 147. Developers of residential development projects greater than a single dwelling unit shall submit a report detailing the percentage of project costs spent in the City of Yucaipa. At a minimum, this report shall contain a list of local businesses/individuals that have been solicited for bids and/or received contracts for materials or services.
12/08/2025 City Council Agenda
301

ATTACHMENT 3
12/08/2025 City Council Agenda
302

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TENTATIVE TRACT MAP 19929
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12/08/2025 City Council Agenda
303

Item No. 13

AGENDA REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer* Scott Washburn, Deputy Director of Public Works
Kevin Garcia, Associate Engineer KG
SUBJECT: Award of Contract — Interior Painting of Various City Facilities Project — Project No. 11244
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, Cosmic Color Painting of Los Angeles, CA in the amount $137,000 for the Interior Painting of Various City Facilities Project — Project No. 11244 (Project); and
2) Approve the amounts of $27,000 for contract contingency and $13,700 for contract administration, staff time and inspection costs for a total budget in the amount of $177,700; and
3) Authorize the Interim City Manager or her designee to administer the distribution of the contract contingency; and
4) Approve the contract specifications prepared for the Project.

BACKGROUND/DISCUSSION:

The Interior Painting of Various City Facilities Project (Project) is being initiated to provide the necessary maintenance, aesthetics and upkeep of various public facility buildings. Performing facility maintenance is essential for cost savings, operational efficiency, and extending the useful life of City assets. Routine inspections during the maintenance process help identify minor issues like small cracks, peeling paint, or water stains before they escalate into major, expensive repairs.

The City facilities/buildings included in the Project are as follows:
• Yucaipa City Hall (34272 Yucaipa Boulevard)
• Yucaipa Community Center (34900 Oak Glen Road)
• Scherer Community Center (12202 1' Street)
12/08/2025 City Council Agenda
304

• Yucaipa Library (12040 5th Street)
• 7`h Street Pool Center (12385 7th Street)
It is important to note that City staff has been coordinating with San Bernardino County Library Services staff regarding the replacement of aged furniture, decor and amenities following the interior painting of the library. This overall effort will revitalize and update the library facility, providing a much -needed upgrade.

The contract work for the Project shall consist of furnishing all the required labor, materials, equipment, parts, implements and supplies necessary to complete the required painting of the interior walls (trim, molding, etc.) of various City of Yucaipa maintained facilities.

The Project was publicly advertised for bids in October of 2025. On November 18, 2025, ten (10) sealed bids were received and opened as follows:

Contractor
Bid Amount
Cosmic Color Painting
$137,000
Perfection Painting Corp.
$155,000
Optimus Construction & Painting Inc.
$207,000
US National Corp
$233,400
Innovation Painting Inc.
$236,000
Prime Painting Contractors, Inc.
$267,200
Astro Painting Co., Inc.
$282,000
Piana Construction and Painting Inc.
$289,000
Mariscal Painting Inc.
$307,800
Color New Corp
$337,000
Cosmic Color Painting of Los Angeles, CA, is the apparent low responsible bidder. Staff has reviewed the bid documents and determined that the documents meet the requirements of the contract specifications. The contractor has confirmed their ability to commence work at specific buildings during the upcoming holiday closures to minimize impacts to operations. Cosmic Color Painting has completed similar projects in the past for other municipalities and as part of the reference check process, their work has been deemed satisfactory.

FISCAL IMPACT:

The recommendations result is a fiscal impact of $177,700 from the General Fund. This amount is less than the amount included in the FY26 Budget for the Project.

Attachments:

1. Bid Summary

2. Contract Agreement
Approved by:
12/08/2025 City Council Agenda
305

ATTACHMENT 1
12/08/2025 City Council Agenda
306

Interior Painting of Various City Facilities
Project No. 11244
II/IR/25
Innovation Painting Inc.
1393 F. 7th Street
Ontario, CA 91764
Cosmic Color Painting
321S Dorchester Avenue
Los Angeles, CA 90032
Perfection P inting Corp.
20820 Orchard Village, Ste A
9310 Santa Clarke. CA 91355
Plana Construction and
Paint! g Inc.22855
15352 0101, on Street
Granadaa Hills CA 91344
Color N Corpw
Calks Street
Woodland Hills, CA 91367
Prime Paintin Contractor Inc
17033 GIedMR StreetPaint)
Northddg , CA 91325
Optic/no Constoction a
g Mr.
4156 De by Circle
Lancaster CA 93536
US National Corp
10205 San Fernando Road
Pacoima, CA 91331
Mental► Intklg Inc.
9220 Klingemran Street
S. El Monde, CA 91733
Astro Painting Co., Inc.
2986 S. Citrus Street
West Covina, CA 91791
Item Description
(ar
Unit
Unit Price
Extension
Unk Price
Extension
Unit Price
Extension
Unit Price
Extension
Unit Prke
Extension
UMt Prke
Extension
Unit Price
Extension
Unit Prke
Extension
Unk Prise
Extension
Unit Price
Extension
Yucaipa City Hall (34272 Yucaipa Boulevard)
I
I.5
$80,000.00
$80,000.00
527,400.00
$27,400.00
$55,000.00
555.000.00
5137,000.00
513700000
$140,000.00
$140,003.00
5117,600.00
$117,600.00
$55,000.00
555,000.00
$80,100.00
580,100.00
$118.600.00
5118.600.00
$85,000.00
$85,000.00
Yucaipa Community Center (34900 (}k then Road)
I
LS
$45,000.00
$45,000.00
$27,400.00
$27,400.00
230,00.00
$30,000.00
$26,000.00
$26,000.00
$47,000.00
$47,000.00
$36,900.00
536,800.00,
$47,000.00
547,000.00
$45,025.00
$45,025.00
543,000.00
$43.800.00
$27,000.00
$27,000.00
Scherer Community Center (12202 1st SUM)
I
LS
$45.000.00
$45,000.00
$27,400.00
$27,400.00
$25,000.00
$25,000.00
524,000.00
224,000.00
$518000.00
$58,000.00
$09,000.00
$09,000.00
$20,000.00
$20.000.00
$60,125.00
$60,125.00
$96.200.00
596,200.00
$81,000.00
$81,000.00
Yccoipa Library 112040 5Ih Strati
I
LS
533000.00
$33,000.00
$27,400.00
$27,400.00
530,000.03
530,000.00
$83,000.00
$83,000.00
$50,000.00
550,08000
$46,000.00
$46,000.00
$35,000.00
$35,000.00,
$40,100.00
$40,100.00
$35,400.00
535,400.00
$74,000.00
$74.(00.00
7th Street Pool Coorcr I12395 7111 Street)
I
LS
533,000.00
533,000.00
$27,400.00
527,400.00
515,000.00
515,000.00
$19,000.00
519.000.00
$02,000.00
542,00000
$17,800.00
$17,800.00
$50,000.00
550,000.00

58.050.00
$8,050.00
$13,800.00
S13,800.00
515,000.00
515,000.00
Total
036,000.00
Total
$137,000.00
S155.000.00
5289,000.00
$337,000.00
$267,200.00
$207.000.00
$233,400.00
$307,800.00
8232,000.00
12/08/2025 City Council Agenda
307

ATTACHMENT 2
12/08/2025 City Council Agenda
308

AGREEMENT
THIS AGREEMENT is made and entered into this 8"' day of December, 2025 by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City", and Cosmic Color Painting
located at 3215 Dorchester Avenue
Contractor / Company Name Street Address
Los
Angeles CA 90032 (213) 370-9612 hereinafter referred to as "Contractor".

City State Zip Code Phone
PROJECT: Interior Painting of Various City Facilities Project — Project No. 11244 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 Thirty -Seven Thousand Dollars and No/Cents, ($137,000.00) 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, Interim City Date
Director of General 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:

Cosmic Color Painting Date
Steven Graham Pacifico, City Attorney
12/08/2025 City Council Agenda
309

Item No. 14

AGENDA REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer EV- Landon Kern, Assistant City Engineer
SUBJECT: Amendment No. 6 to the Memorandum of Understanding between the Yucaipa Valley Conservancy, the Wildlands Conservancy, and the City of Yucaipa RECOMMENDATION:

That the City Council:
1) Reinstate the terms of the Memorandum of Understanding, between the Yucaipa Valley Conservancy, the Wildlands Conservancy, and the City of Yucaipa, as amended through previously approved Amendment No. 5; and
2) Approve and authorize the Interim City Manager to Execute Amendment No. 6 to the Memorandum of Understanding between the Yucaipa Valley Conservancy, the Wildlands Conservancy, and the City of Yucaipa.

BACKGROUND/DISCUSSION:

On October 26, 2009, the City Council approved a Memorandum of Understanding (MOU) with the Yucaipa Valley Conservancy and the Wildlands Conservancy to transfer two parcels (APNs. 0321-111- 03 and 0321-121-44), approximately 334 acres in area, to the City of Yucaipa for the purpose of environmental mitigation easements, preserving the property as open space and a passive public recreational area. This area is now the City's largest park and open space area, known as El Dorado Ranch Park, serving primarily as a conservation/environmental mitigation area for City construction projects.

Between 2010 and 2024, the City and the two conservancies have worked together to establish and record environmental mitigation easements, and to identify and record habitat restoration credits on remaining, eligible portions of property. This process has required complex coordination efforts with resource agencies, as well as detailed environmental reviews of the City's Capital Improvement Program (CIP) projects. Additional complexities have created scheduling challenges as a direct result of the COVID-19 pandemic, El Dorado fire, and subsequent flooding and debris flows that have impacted El Dorado Ranch Park and other areas within the City. In order to accommodate the timelines and to maintain the intent of the MOU and Amendment No. 1, City staff coordinated with the two conservancies to execute Amendments 2 through 5 to the MOU, which provided for additional time to 12/08/2025 City Council Agenda
310

record the specific project related permanent environmental mitigation easements, and set a new target to execute and record a conservation easement for the remainder of the property by December 31, 2024.

City staff and the two conservancies agreed to take additional time beyond the 2024 target date to evaluate and determine the best approach for an amendment to set feasible timeframes for the remaining conservation easements. Multiple meetings were held in 2025 with City staff, the two conservancies, and other parties such as the Inland Empire Resource Conservation District (IERCD). These meetings focused on an evaluation of the overall development of the El Dorado Ranch Park, as well as anticipated timelines for the remaining easements that remain to be recorded. The proposed Amendment No. 6 was developed through these meetings, and would establish a new target date for the conservation easement over the approximate 96 acre portion of the Property. It also provides for additional time to record future, project specific mitigation easements that are required for CIP projects such as the Wilson III Basin Project.

With this timeline for future projects in mind, the following language has been proposed in Amendment No. 6:
1) By September 30, 2026, the City shall record a conservation easement in favor of The Wildlands Conservancy ("Wildlands Conservation Easement") over APN 0321-121-44 (approximately

96.22 acres), except for an approximately seven -acre area which the City seeks to use to mitigate environmental effects of future City projects ("Future Mitigation Area"). The Parties agree that the Wildlands Conservation Easement will be amended to include the Future Mitigation Area as soon as reasonably possible after the City completes recordation and entitlement of mitigation conservation easements to mitigate environmental effects of future City projects.

With the number of CIP projects requiring environmental mitigation currently in the design and planning phase, and with the concurrence of both conservancies, staff is recommending that the MOU between the Yucaipa Valley Conservancy, the Wildlands Conservancy, and the City of Yucaipa be reinstated with the proposed Amendment No. 6 of the MOU. The proposed amendment also includes the provision for additional time to record a final conservation easement over the remainder portion of the Property, and an approximate 7 acre area for a project specific easement that will require additional environmental analysis prior to recordation.

FISCAL IMPACT:

The recommendations do not result in a fiscal impact.

Attachment:

1. MOU with Wildlands/Yucaipa Valley Conservancies

2. Amendment No. 5

3. Proposed Amendment No. 6

4. El Dorado Mitigation Sites Exhibit
Approved by:
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ATTACHMENT 1
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)..... AIN

MEMORANDUM OF UNDERSTANDING

REGARDING

PURCHASE OF LAND FOR A RECREATIONAL/OPEN SPACE FACILITY THIS MEMORANDUM OF UNDERSTANDING, dated 13\ alp , 2009 (the "MOU") is made by and between the City of Yucaipa, a California municipal corporation (the "City"), the Yucaipa Valley Conservancy, a California non-profit public benefit corporation ("Yucaipa Valley Conservancy"), and The Wildlands Conservancy, a California non-profit corporation ("Wildlands Conservancy"), collectively referred to herein as the Parties.

RECITALS
WHEREAS, the Yucaipa Valley Conservancy and Wildlands Conservancy desire to facilitate the development of a permanent open space/recreational facility for the benefit of the residents of the City of Yucaipa and the surrounding area; and
WHEREAS, the Yucaipa Valley Conservancy owns that certain real property located in the unincorporated area of San Bernardino County, at Carter Street at the easterly boundary of the City of Yucaipa, California, consisting of two parcels: (a) a parcel of approximately two hundred forty (240) acres of land and identified with Assessor's Parcel Numbers 0321-111-03 (the "240 Acre Parcel"); and (b) a parcel of approximately ninety (90) acres of land and identified with Assessor's Parcel Numbers 0321-121-44 (the "90 Acre Parcel", collectively with the 240 Acre Parcel, the "Property"); and
WHEREAS, the 240 +/- Acre Parcel is encumbered with a Conservation Easement in favor of the Wildlands Conservancy, recorded on December 28, 1998 as Instrument No. 19980553415 in the Official Records of San Bernardino County (the "1998 Conservation Easement"); and WHEREAS, the Yucaipa Valley Conservancy desires to donate the Property to the City of Yucaipa with the understanding that the City will cause the development of a recreational/open space facility on the Property; and
WHEREAS, the City is willing to accept title to the Property in order to facilitate development of a recreational/open space facility; and
WHEREAS, as in inducement to City to acquire the Property and cause the development of a recreational/open space facility, the Wildlands Conservancy agrees to re -grade the existing maintenance roads and trails prior to the City accepting the property; and WHEREAS, the City further intends to use portions of the one or both of the parcels as mitigation for environmental impacts related to current and future public works projects through the establishment of a Habitat Mitigation Bank or separate conservation easement. -1-
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d
NOW THEREFORE, the Parties agree as follows:

1. Recitals Incorporated
The foregoing recitals are incorporated in this MOU by this reference.

2. Conveyance
(a) Yucaipa Valley Conservancy agrees to donate the Property to the City, at no charge to the City except as set forth herein.
(b) Within thirty (30) days after the completion of a Phase I environmental site assessment that concludes the Property is clean and that no further investigation is required, the Yucaipa Valley Conservancy and the City shall open an- escrow for the conveyance of the Property from the Yucaipa Valley Conservancy to the City, and execute mutually acceptable escrow instructions consistent with this MOU. The City shall pay all escrow and closing costs. (c) The Yucaipa Valley Conservancy agrees to allow the City and its employees and consultants access to the Property for purposes of due diligence investigations. (d) It shall be a condition to the close of escrow that Priority Title, or another title company acceptable to the City, is willing to issue to City a CLTA owners policy of title insurance in an amount to be determined by the City, insuring fee title to the Property vested in the City, with a mechanic's lien endorsement, free of all liens and encumbrances except (i) those shown on those certain preliminary title reports issued by Priority Title and dated August 18, 2009, Order Nos. P46372 and P46373, and (ii) the conservation easement described in paragraph (c) of this Section 3. The City shall pay the premium for the policy of title insurance. (e) City agrees to execute and cause to be recorded on the 90 acre parcel a conservation easement in favor of the Wildlands Conservancy within one hundred and eighty (180) days of close of escrow, in form and content substantially similar to the 1998 Conservation Easement, subject to certain recreational/open space and mitigation related improvements/uses.

3. Improvements
(a) The City hereby agrees to cause the development on the Property of a recreational/open space facility for the benefit of the residents of the City of Yucaipa and the surrounding area (referred to herein as a "Recreational Facility"), within a reasonable time after the City's acquisition of fee title to the Property.
(b) The Recreational Facility shall include a restroom facility, day use picnic area, parking lot (including space for up to 10 vehicle and trailer combinations for equestrian users), and tie rails for equestrian use. The improvements shall be designed to fit in with the natural environment incorporating natural wood and rock materials wherever feasible. The restroom facility shall be generally consistent with the plans, specifications, and materials used for the 12/08/2025 City Council Agenda
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rock -faced restroom constructed at the Wildlands Conservancy's Whitewater facility in Whitewater, California (the "Restroom Facility").
(c) The City, at its sole discretion and at a location of their choosing, may develop a group camping area in the future as well. The Wildlands Conservancy may at their discretion provide additional resources to aid in the development and operation of the group camping area.

4. Maintenance Obligations
(a) The City agrees to maintain the existing trail/maintenance road system in its current configuration and construct additional trails/maintenance roads only through the 90 +/- Acre Parcel along Oak Glen Road and as required to provide connectivity to existing or proposed trails/maintenance roads on or adjacent to the Property. (b) The City agrees to maintain adequate fire breaks through hand cutting measures to protect against fire spreading to or from this property from adjacent properties where structures exist.
(c) At no time in the future shall responsible and reasonable equestrian use of the facility be restricted or denied.

5. Recognition of Yucaipa Conservancy's Donation
The City hereby agrees to cause Yucaipa Conservancy, and the Wildlands Conservancy to receive significant community recognition of their role in making the Recreational Facility possible.

6. Counterparts
This MOU may be executed in counterparts, and all counterparts so executed shall constitute one agreement, binding the Parties hereto, notwithstanding that all of the Parties are not signatory to the original or the same counterpart.

7. Construction
The language in all parts of this MOU shall be in all cases construed simply according to its fair meaning and not strictly for or against any of the Parties.

IN WITNESS WHEREOF, the Parties have caused this MOU to be executed as of the date first written above.
-3-
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Memorandum of UnderstaSaing
City of Yucaipa and Yucaipa Valley Conservancy
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed as of the date first written above.

CITY OF YUCAIPA

YUCAIPA VALLEY CONSERVANCY
By: By:

Dick Riddell, Mayor
ATTEST:

Bv:

Jennifer Sh. .=.nd, City Clerk
APPROVED AS TO FORM:

By:

Michael Estrada, Interim City Attorney
October 21, 2009

WILDLANDS CONSERVANCY
B
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ATTACHMENT 2
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AMENDMENT NO. 5 TO MEMORANDUM OF UNDERSTANDING REGARDING

PURCHASE OF LAND FOR A RECREATIONAL/OPEN SPACE FACILITY This Amendment No. 5 ("Amendment No. 5") to that certain Memorandum of Understanding, entered into as of October 26, 2009 ("MOU"), as amended by Amendment No. 1 on September 13, 2010, Amendment No. 2 on August 26, 2013 ("Amendment No. 2"), and Amendment No. 3 on August 24, 20 5, Amendment No. 4 on August 13, 2018, is made as of May 9, 2022 ("Effective Da e"), by and between the City of Yucaipa, a Califomia municipal corporation ("City"), the Yucaipa Valley Conservancy, a California non-profit pub ic benefit corporation ("Yucaipa Valley Conservancy"), and The Wild ands Conservancy, a Ca ifornia non-profit pub ic benefit corporation ("Wildlands Conservancy" , co ective y referred to herein as the "Parties".

WHEREAS, the Parties previous y entered into that certain MOU regarding the conveyance of approximate y 334.5 acres of and (APNs: 0321-111-03 and 0321-121-44) from the Yucaipa Valley Conservancy to the City for the ong-term preservation of the property as open space and recreational and (the "Property"); and
WHEREAS, approximate y 238.28 acres of the Property (APN 0321-111-03) is already encumbered by a conservation easement in favor of the Wildands Conservancy, recorded on December 28, 998; and
WHEREAS, the Yucaipa Va ey Conservancy conveyed the Property to the City by Gran Deed on March 26, 20 0 ("Grant Deed") and City accepted the Property by executing a Certificate of Acceptance on March 3 1, 2010; and
WHEREAS, City caused the Grant Deed to be recorded by the Office of Official Records of the County of San Bernardino on April 7, 20 0; and
WHEREAS, to the exten possib e, City seeks to mitigate environmental effects of future City projects by executing and recording a series of conservation easemen s on, over and across the Property, in phases; and
WHEREAS, the Parties therefore desire to amend certain provisions of the MOU; and WHEREAS, this amendment is intended to supersede and rep ace Section 2(e) as set forth in Amendment Nos. I, 2, 3, and 4.

NOW, THEREFORE, in consideration of the foregoing recitars and for other good and va uab e consideration, the adequacy of which is hereby acknow;edged, the Parties agree as follows:

Section 2(e) of the MOU is hereby amended in its entirety to read as fo ows:
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"As needed to mitigate the effects of future City projects, City shall execute and cause to be recorded a series of conservation easements on the Property. The conservation easements, regardless of whether they require review and approval by any applicable regulatory agencies, shall be granted to and held by the Inland Empire Resource Conservation District (IERCD), or other approved and qualified entity, as mutually agreed upon by the parties, with continuing local oversight by the Wildlands Conservancy and the Yucaipa Valley Conservancy. The IERCD, or other approved and qualified entity, will be the holder of the conservation easement(s) that encumber the Property and will be responsible for the oversight, monitoring and reporting of the conservation easements in perpetuity.

By September 30, 2024, the City shall record a conservation easement in favor of the IERCD on any portion of the Property that will not be covered by a conservation easement by December 31, 2024.

The City shall not improve the Property in any manner inconsistent with the MOU.

2. Effect of Amendment. Except as expressly modified by this Amendment, the Parties acknowledge and agree that the MOU is in full force and effect in accordance with its terms. This Amendment No. 5 is intended to supersede and replace Amendment No. 4. In the event of conflict between the terms and conditions of the MOU and the terms and conditions of this Amendment No. 5, the terms and conditions of this Amendment No. 5 shall prevail and control.

3. Entire Agreement. The MOU, together with this Amendment No. 5, embodies the entire integrated agreement and understanding between the Parties with respect to its subject matter and supersedes any prior or contemporaneous negotiations, representations, agreements, understandings and statements, whether written or oral (the "Amended MOU"). No waiver, alteration, or modification of any of the provisions of the Amended MOU shall be binding unless in writing and signed by all Parties.

4. Counterparts: Facsimile/Email Signatures: Duplicate Originals. This Amendment No. 5 may be executed in any number of counterparts, each of which shall be an original, but all of such counterparts shall together constitute but one and the same instrument. Delivery of an executed counterpart of this Amendment No. 5 by facsimile or email shall be equally effective as delivery of a manually executed counterpart of this Amendment No. 5. This Amendment No. 5 may also be executed in duplicate originals, each of which is deemed to be an original for all purposes.

5. Headings. Headings used in this Amendment No. 5 are for convenience and ease of reference only and shall not affect the interpretation of the Amendment No. 5.

6. Authority to Sign. The person or persons executing this Amendment No. 5 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 5 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties have signed this Amendment No. 5 as of the Effective Date stated in the introductory clause.

CITY OF YUCAIPA, a California YUCAIPA VALLEY CONSERVANCY municipal corporation.

David Avila
Mayor
Jennifer Crawford
Assistant City Manager/City Clerk
APPROVED AS TO FORM:

David Snow
City Attomey
3 By: Q s..

Name: 1 aa e YW,
Title: 'p\f€ S c
ATTEST: WILDLANDS CONSERVANCY
By:

Name: Frazi Hane
Y
Title: Executive Director
By: --
Name: David Myers
Title: President
r
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ATTACHMENT 3
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AMENDMENT NO. 6 TO MEMORANDUM OF UNDERSTANDING REGARDING

PURCHASE OF LAND FOR A RECREATIONAL/OPEN SPACE FACILITY This Amendment No. 6 ("Amendment No. 6") to that certain Memorandum of Understanding, entered into as of October 26, 2009 ("MOU"), and amended by Amendment No. 1 on September 13, 2010, and amended on August 26, 2013 by Amendment No. 2, and Amendment No. 3 on August 24, 2015, and Amendment No. 4 on August 13, 2018, and Amendment No. 5 on May 9, 2022 ("Amendment No. 5"), is made as of December 8, 2025 ("Effective Date"), by and between the City of Yucaipa, a California municipal corporation ("City"), the Yucaipa Valley Conservancy, a California non-profit public benefit corporation ("Yucaipa Valley Conservancy"), and The Wildlands Conservancy, a California non-profit corporation ("Wildlands Conservancy"), collectively referred to herein as the "Parties".

WHEREAS, the Parties previously entered into that certain MOU regarding the conveyance of approximately 334.5 acres of land (APNs: 0321-111-03 and 0321-121-44) from the Yucaipa Valley Conservancy to the City for the long-term preservation of the property as open space and recreational land (the "Property"); and
WHEREAS, approximately 238.28 acres of the Property (APN 0321-111-03) is already encumbered by a conservation easement in favor of the Wildlands Conservancy, recorded on December 28, 1998; and
WHEREAS, the Yucaipa Valley Conservancy conveyed the Property to the City by Grant Deed on March 26, 2010 ("Grant Deed") and City accepted the Property by executing a Certificate of Acceptance on March 31, 2010; and
WHEREAS, City caused the Grant Deed to be recorded by the Office of Official Records of the County of San Bernardino on April 7, 2010; and
WHEREAS, to the extent possible, City seeks to mitigate environmental effects of City projects by executing and recording a series of conservation easements on, over and across the Property, in phases; and
WHEREAS, the Parties therefore desire to amend certain provisions of the MOU.

WHEREAS, this amendment is intended to supercede and replace Section 2(e) as set forth in Amendment Nos. 1, 2, 3, 4, and 5.

NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows:

1. Section 2(e) of the MOU is hereby amended in its entirety to read as follows:
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As needed to mitigate the effects of City projects, City shall execute and cause to be recorded a series of conservation easements on the Property. The conservation easements, regardless of whether they require review and approval by any applicable agencies, shall be granted to and held by the Inland Empire Resource Conservation District (IERCD), or other approved and qualified entity, as mutually agreed upon by the parties, with continuing local oversight by the Wildlands Conservancy and Yucaipa Valley Conservancy. IERCD, or other approved and qualified entity, will be the holder of the conservation easement(s) that encumber the Property and will be responsible for the oversight, monitoring and reporting of the conservation easements in perpetuity.

By September 30, 2026, the City shall record a conservation easement in favor of The Wildlands Conservancy ("Wildlands Conservation Easement") over APN 0321-121-44 (approximately

96.22 acres), except for an approximately seven -acre area which the City seeks to use to mitigate environmental effects of future City projects ("Future Mitigation Area"). The Parties agree that the Wildlands Conservation Easement will be amended to include the Future Mitigation Area as soon as reasonably possible after the City completes recordation and entitlement of mitigation conservation easements to mitigate environmental effects of future City projects.

City shall not improve the Property in any manner inconsistent with the MOU.

2. Effect of Amendment. Except as expressly modified by this Amendment, the Parties acknowledge and agree that the MOU is in full force and effect in accordance with its terms. This Amendment No. 6 is intended to supercede and replace Amendment No. 5. In the event of conflict between the terms and conditions of the MOU and the terms and conditions of this Amendment No. 6, the terms and conditions of this Amendment No. 6 shall prevail and control.

3. Entire Agreement. The MOU, together with this Amendment No.6, embodies the entire integrated agreement and understanding between the Parties with respect to its subject matter and supersedes any prior or contemporaneous negotiations, representations, agreements, understandings and statements, whether written or oral (the "Amended MOU"). No waiver, alteration, or modification of any of the provisions of the Amended MOU shall be binding unless in writing and signed by all Parties.

4. Counterparts; Facsimile/Email Signatures; Duplicate Originals. This Amendment No. 3 may be executed in any number of counterparts, each of which shall be an original, but all of such counterparts shall together constitute but one and the same instrument. Delivery of an executed counterpart of this Amendment No. 6 by email shall be equally effective as delivery of a manually executed counterpart of this Amendment No. 6. This Amendment No. 6 may also be executed in duplicate originals, each of which is deemed to be an original for all purposes.

5. Headings. Headings used in this Amendment No. 6 are for convenience and ease of reference only and shall not affect the interpretation of the Amendment No. 6.

6. Authority to Sign. The person or persons executing this Amendment No. 6 on behalf of each of the parties warrants and represents that he or she has the authority to execute 2 10070-0001\1858163v1.doc
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this Amendment No. 6 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties have signed this Amendment No. 6 as of the Effective Date stated in the introductory clause.

CITY OF YUCAIPA, a California
municipal corporation
By:

Jennifer Crawford
Interim City Manager

YUCAIPA VALLEY CONSERVANCY
By: i
-.r`
Name:
�c.)Stcil r. v. e �-emu ���
Title: P ceS C, c r, v u cc.L-.ix.V ovkle.y COR
ATTEST: WILDLANDS CONSERVANCY
Ana Sausedo, MMC
Director of General Services/City Clerk
By:

Frazier Hane
Executive Director
APPROVED AS TO FORM: WILDLANDS CONSERVANCY
Steven Graham
City Attorney
10070-0001\1858163v1.doc
By:

Jennifer Francis
Chief Financial Officer
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of S oun % e r H cx -ot,t vta )
On Dc o Dana Rochat, Notary Public
-�- � 3 t � �a5' before me,
(insert name and title of the officer)
personally appeared Y'AZi e,r /a n---Cvihi c�v Fret Nets who proved to me on the basis of satisfactory eOidence to be the person(s) whose name(s)-+e/are subscribed to the within instrument and acknowledged to me that-hcfshe/they executed the same in hi414er/their authorized capacity(ies), and that by der/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY 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 ia/144 (Seal)

DANA ROCHAT
San Bernardino County f
• : �� �� Notary Public • California
'rr7 Commission k 2433200
My Comm. Expires Jan 30, 2027
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CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Califo is
County of 144 /� 1-ni, zf

4.-e7
On ///1/ 7-4?�
Date
,
,
before me, l VIJ/Wr/% .�L
ere lnse Name and Title of t Officer
personally appeared RA Yifil,e1.,/>°
Name(s) of Signr(s)
who proved to me on the basis of satisfactory evidence to be the person( whose name(p' is/a e, subscribed
to the within instrument and acknowledged to me that t�4/she/th,�y execu d the same in leis/her/thfir authorized capacity(i 1), and that by 1pt's�/her/their signatureV) on the instrument the person, or the entity upon behalf of which" person acted, executed the instrument.

ANA V. SALSEDA
Notary Public - California Z
San Bernardino County
Commission # 2494205
My Comm. Expires Jul 11, 2028
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my . a'ng( and official seal.

Sign.ttir

OPTIONAL
nature of Notary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date:

Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:

O Corporate Officer — Titlg.(s)(
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
O Trustee
❑ Ot
ner is Representing:
0 Guardian or Conservator
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Individual 0 Attorney in Fact
❑ Trustee 0 Guardian or Conservator
❑ Other:

Signer is Representing:
©2018 National Notary Association
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AMENDMENT NO. 6 TO MEMORANDUM OF UNDERSTANDING REGARDING

PURCHASE OF LAND FOR A RECREATIONAL/OPEN SPACE FACILITY This Amendment No. 6 ("Amendment No. 6") to that certain Memorandum of Understanding, entered into as of October 26, 2009 ("MOU"), and amended by Amendment No. 1 on September 13, 2010, and amended on August 26, 2013 by Amendment No. 2, and Amendment No. 3 on August 24, 2015, and Amendment No. 4 on August 13, 2018, and Amendment No. 5 on May 9, 2022 ("Amendment No. 5"), is made as of December 8, 2025 ("Effective Date"), by and between the City of Yucaipa, a California municipal corporation ("City"), the Yucaipa Valley Conservancy, a California non-profit public benefit corporation ("Yucaipa Valley Conservancy"), and The Wildlands Conservancy, a California non-profit corporation ("Wildlands Conservancy"), collectively referred to herein as the "Parties".

WHEREAS, the Parties previously entered into that certain MOU regarding the conveyance of approximately 334.5 acres of land (APNs: 0321-111-03 and 0321-121-44) from the Yucaipa Valley Conservancy to the City for the long-term preservation of the property as open space and recreational land (the "Property"); and
WHEREAS, approximately 238.28 acres of the Property (APN 0321-111-03) is already encumbered by a conservation easement in favor of the Wildlands Conservancy, recorded on December 28, 1998; and
WHEREAS, the Yucaipa Valley Conservancy conveyed the Property to the City by Grant Deed on March 26, 2010 ("Grant Deed") and City accepted the Property by executing a Certificate of Acceptance on March 31, 2010; and
WHEREAS, City caused the Grant Deed to be recorded by the Office of Official Records of the County of San Bernardino on April 7, 2010; and
WHEREAS, to the extent possible, City seeks to mitigate environmental effects of City projects by executing and recording a series of conservation easements on, over and across the Property, in phases; and
WHEREAS, the Parties therefore desire to amend certain provisions of the MOU.

WHEREAS, this amendment is intended to supercede and replace Section 2(e) as set forth in Amendment Nos. 1, 2, 3, 4, and 5.

NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows:

1. Section 2(e) of the MOU is hereby amended in its entirety to read as follows:
11147fb9901 lh§itv�oa&a
328

As needed to mitigate the effects of City projects, City shall execute and cause to be recorded a series of conservation easements on the Property. The conservation easements, regardless of whether they require review and approval by any applicable agencies, shall be granted to and held by the Inland Empire Resource Conservation District (IERCD), or other approved and qualified entity, as mutually agreed upon by the parties, with continuing local oversight by the Wildlands Conservancy and Yucaipa Valley Conservancy. IERCD, or other approved and qualified entity, will be the holder of the conservation easement(s) that encumber the Property and will be responsible for the oversight, monitoring and reporting of the conservation easements in perpetuity.

By September 30, 2026, the City shall record a conservation easement in favor of The Wildlands Conservancy ("Wildlands Conservation Easement") over APN 0321-121-44 (approximately

96.22 acres), except for an approximately seven -acre area which the City seeks to use to mitigate environmental effects of future City projects ("Future Mitigation Area"). The Parties agree that the Wildlands Conservation Easement will be amended to include the Future Mitigation Area as soon as reasonably possible after the City completes recordation and entitlement of mitigation conservation easements to mitigate environmental effects of future City projects.

City shall not improve the Property in any manner inconsistent with the MOU.

2. Effect of Amendment. Except as expressly modified by this Amendment, the Parties acknowledge and agree that the MOU is in full force and effect in accordance with its terms. This Amendment No. 6 is intended to supercede and replace Amendment No. 5. In the event of conflict between the terms and conditions of the MOU and the terms and conditions of this Amendment No. 6, the terms and conditions of this Amendment No. 6 shall prevail and control.

3. Entire Agreement. The MOU, together with this Amendment No.6, embodies the entire integrated agreement and understanding between the Parties with respect to its subject matter and supersedes any prior or contemporaneous negotiations, representations, agreements, understandings and statements, whether written or oral (the "Amended MOU"). No waiver, alteration, or modification of any of the provisions of the Amended MOU shall be binding unless in writing and signed by all Parties.

4. Counterparts; Facsimile/Email Signatures; Duplicate Originals. This Amendment No. 3 may be executed in any number of counterparts, each of which shall be an original, but all of such counterparts shall together constitute but one and the same instrument. Delivery of an executed counterpart of this Amendment No. 6 by email shall be equally effective as delivery of a manually executed counterpart of this Amendment No. 6. This Amendment No. 6 may also be executed in duplicate originals, each of which is deemed to be an original for all purposes.

5. Headings. Headings used in this Amendment No. 6 are for convenience and ease of reference only and shall not affect the interpretation of the Amendment No. 6.

6. Authority to Sign. The person or persons executing this Amendment No. 6 on behalf of each of the parties warrants and represents that he or she has the authority to execute 2 10070-0001\1858163v1.doc
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this Amendment No. 6 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties have signed this Amendment No. 6 as of the Effective Date stated in the introductory clause.

CITY OF YUCAIPA, a California
municipal corporation
By:

YUCAIPA VALLEY CONSERVANCY
By: ���i • \
Name: RO,SZ' R kv►'f_ Cifuttc
Title: erc . '- r t c �, u'of Ct-,ns✓
Jennifer Crawford
Interim City Manager
ATTEST:

Ana Sausedo, MMC
Director of General Services/City Clerk

WILDLANDS CONSERVANCY
By:

Frazier Haney
Executive Director
APPROVED AS TO FORM: WILDLANDS CONSERVANCY
Steven Graham
City Attorney
By:

Jennifer Francis
Chief Financial Officer
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of 5 ow% 5wna O 'kut,
On Dc"%"o toes ,3 I I Zv Z�
before me,
Dana Rochat, Notary Public
(insert name and title of the officer)
personally appeared F 2 i yum and Fraticis
who proved to me on the basis of satisfactory ebidence to be the person(s) whose name(s)-is/are subscribed to the within instrument and acknowledged to me that e/che/they executed the same in his/hoc/their authorized capacity(ies), and that by4hic/hcr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY 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 iDakQ (Seal)

DANA ROCHAT
Notary Public - California
1 .'r San Bernardino County
Commission N 2433200
My Comm. Expires Jan 30, 2027
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CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Califor
County of .�is?
4,--.Z--frt 0
On ///`7 2Pbefore me,
Date
personally appeared
1 /1 r gt-h ,
Here I e Name and Title of th, fficer
D.Sewtl ri .:7/,1
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( whose names is/a3h subscribed to the within instrument and acknowledged to me that V/she/thp'y executed the same in h &her/thir authorized capacity(ie4), and that by Ibis/her/th{r signature on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument.

ANA V. SAUSEDA
W _ J Notary Pubdc • California Z`
San Bernarcino County >
Commission g 2494205
My Comm. Expires Jul 11. 2028
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hart and official seal.

Signatures
gnature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited 0 General
❑ Individual 0 Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:

Signer is Representing:

Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Individual 0 Attorney in Fact
❑ Trustee 0 Guardian or Conservator
❑ Other:

Signer is Representing:
©2018 National Notary Association
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ATTACHMENT 4
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0321-111-03
238.28 Acres
Wildwood Basins
Designated Mitigation Area:4.0 Acres
0321-121-

10.78 Acres
Five Winds
I Ranch
6th Place LWC
Waters of the State

0.36 Acre
0321-121-44

96.22 Acres
3rd Street LWC
Waters of the State: 0.6 Acre
Transit Center Phase II
Waters of the State: 1.3 Acres
Future Wilson III Basin
Waters of the State: 7.0 Acres
10 Acres
Designated for
Future
Development
Avenue D and 13th Street LWCs
Waters of the State: 4.4 Acres
El Dorado Ranch Park

48.5 Acres
El Dorado - Restroom and
Parking Lot Improvements
Legend
El Dorado Ranch Park
C_ ,Parcel Boundary/APN
Recorded Conservation Easements
El Dorado Ranch Park Improvements
f i
Avenue D at Wilson Creek LWC and 13th
Street at Wilson Creek LWC Conservation
Easement
® Transit Center Phase II
Conse3rd Streetrvation at WildwoodEasement Creek LWC
Wildwood Basins Conservation Easement
6th Place at Wildwood Creek LWC
Conservation Easement
Future Wilson III Basin
Existing Conservation Easement
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N.T.S.

El Dorado Ranch Park Mitigation 5s

Item No. 15

AGENDA REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk ,4QJ/5' SUBJECT: June 2, 2026 Special Election
RECOMMENDATION:

That the City Council:

1. Adopt Resolution No. 2025-61, a Resolution of the City Council of the City of Yucaipa, California, calling for the holding of a Special Municipal Referendum Election on June 2, 2026 for the submission to the qualified voters of the City of Yucaipa, a resolution approving and adopting the Freeway Corridor Specific Plan Update (CASE NO. 24-044/GPA/SPA) and requesting the County of San Bernardino to consolidate said election with the statewide primary election of even date; and setting rules and deadlines for arguments and rebuttals for and against the resolution; and

2. Adopt Resolution No. 2025-62, a Resolution of the City Council of the City of Yucaipa, California, calling for the holding of a Special Municipal Referendum Election on June 2, 2026 for the submission to the qualified voters of the City of Yucaipa, an Ordinance amending the Official Land Use Plan and Zoning Ordinance of the City of Yucaipa; requesting the County of San Bernardino to consolidate said election with the statewide primary election of even date; and setting rules and deadlines for arguments and rebuttals for and against the resolution; and

3. Authorize a budget adjustment in the amount of $200,000 for the cost of the election.

BACKGROUND/DISCUSSION:

On August 25, 2025, at a duly noticed public hearing, the City Council approved the Freeway Corridor Specific Plan Update by a vote of 4-1 (Mayor Pro Tem Venable voted no). 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. On September 8, 2025, the City Council adopted Ordinance No. 448 by a vote of 5-0. Mayor Pro Tem Venable later noted his opposition to the adoption of Ordinance No. 448. 12/08/2025 City Council Agenda
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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. The petition was referred 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 petition was determined to have sufficient signatures to qualify for the ballot.

On October 20, 2025, Yucaipa residents timely filed a signed petition to referend (challenge through referendum) Ordinance No. 448 adopted by the City Council. The petition was also referred to the ROV for official signature verification against official County voter records. The verification of signatures was completed, and the petition was determined to have sufficient signatures to qualify for the ballot.

At the October 27, 2025 Regular City Council Meeting, the City Council adopted Resolution No. 2025- 57 accepting the Certificate of Sufficiency for the Referendum of Resolution No. 2025-54 and discussed their options as defined by Elections Code § 9241. By a vote of 3-1-1 (Mayor Pro Tem Venable voted no and Councilmember Beaver was absent), Council voted to call for a Special Election to be consolidated with the California Primary to be held on June 2, 2026, for the purpose of submitting to the voters the referendum of Resolution No. 2025-54 and Ordinance No. 448 (in anticipation of its qualification for the ballot).

At the November 10, 2025 Regular City Council Meeting, the City Council adopted Resolution No. 2025-58 accepting the Certificate of Sufficiency for the Referendum of Ordinance No. 448 by a vote of 3-1-0-1 (Mayor Pro Tem Venable voted no and Councilmember Beaver abstained).

The ROV estimated that a single election to be consolidated with the June 2, 2026 Primary Election would cost $124,000. The ROV additionally stated that adding a 2nd item to the ballot would not increase the original quote by a substantial amount. Historically, the cost estimates provided by the ROV have varied significantly from the final cost. Accordingly, staff is estimating a cost of $200,000 for the 2 items on the June ballot. The estimated cost is strictly for the holding of the election and not for additional election related expenses such as education and outreach materials, legal, etc.

Staff recommends that the City Council adopt the attached Resolutions calling for a Special Municipal Referendum Election to be consolidated with the June 2, 2026 State Primary as directed by the City Council and approve the budget adjustment.
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FISCAL IMPACT:

The recommendations increase the FY26 Budget in the General Services Division of the General Fund by $200,000.

Attachment(s):

1. Resolution No. 2025-61

2. Resolution No. 2025-62
Approved byi )i.Q.,4;�� „r
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ATTACHMENT 1
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RESOLUTION NO. 2025-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,

CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL
MUNICIPAL REFERENDUM ELECTION ON JUNE 2, 2026 FOR THE

SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF

YUCAIPA, A RESOLUTION APPROVING AND ADOPTING THE
FREEWAY CORRIDOR SPECIFIC PLAN UPDATE (CASE NO. 24-
044/GPA/SPA); REQUESTING THE COUNTY OF SAN BERNARDINO TO

CONSOLIDATE SAID ELECTION WITH THE STATEWIDE PRIMARY
ELECTION OF EVEN DATE; AND SETTING RULES AND DEADLINES

FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE

RESOLUTION
WHEREAS, pursuant to authority provided by the California Government Code, 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, proponents of an effort to challenge the Resolution by referendum timely filed a draft summary of the Resolution with the City Clerk's Office for the City Attorney's review and possible amendment; and
WHEREAS, on September 9, 2025, the City Attorney timely prepared an amended summary of the Resolution for the proponents to include in a referendum petition to be circulated among Yucaipa voters for signatures; and
WHEREAS, pursuant to California Elections Code sections 15 and 9238( b)( 2)( B)( vi), the Resolution was scheduled to become effective unless the proponents filed a signed referendum petition with the City Clerk' s office by October 9, 2025, to challenge the Resolution; and WHEREAS, pursuant to authority provided by California Elections Code sections 9235 et. seq., on September 30, 2025 the referendum proponents timely filed with the City Clerk's Office, a signed petition protesting the Resolution by referendum which, if the referendum qualifies, would suspend the effective date of the Resolution, require that the City Council reconsider the Resolution and either repeal it in its entirety or submit it to a vote of Yucaipa voters; 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, 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, the City Clerk, through the San Bernardino County Registrar of Voters, has certified that the form of the referendum petition complies with California law and, based upon an examination of voter registration records, has ascertained that the petition is signed by the requisite 12/08/2025 City Council Agenda
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number of voters to qualify the Resolution for the referendum ballot under the Elections Code, unless it is repealed by the City Council; and
WHEREAS, the City Council has not voted to repeal the Resolution; and WHEREAS, pursuant to California Elections Code section 9237, because the petition was signed by the requisite number of voters and the Resolution was not repealed by the City Council, the effective date of the Resolution is suspended and it may not go into effect unless and until approved by a majority of Yucaipa voters voting upon it at a municipal election; and WHEREAS, the City Council is therefore authorized and required by California Elections Code section 9241 to submit the proposed Resolution to the voters at either its next regular municipal election or at a special municipal election called for that purpose, occurring not less than 88 days after the date of the order of election; and
WHEREAS, the next regular municipal election that is not less than 88 days after the date of this Resolution would be Yucaipa's General Municipal Election to be held on Tuesday, November 3, 2026; and
WHEREAS, the City Council reviewed its options at their October 27, 2025 Regular City Council Meeting and directed the City Clerk to place the Resolution before Yucaipa voters at a Special Municipal Election to be held on June 2, 2026 concurrently with the Statewide Primary Election; and
WHEREAS, the specific terms of the Resolution are attached hereto as Exhibit "A" and by this reference made an operative part hereof, and in accordance with all applicable laws; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City the precincts, polling places, voting centers and election officers of the two elections be the same, and that the San Bernardino County Registrar of Voters canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; and WHEREAS, it is also desirable to establish deadlines and rules for the submission of written arguments and rebuttals for and against the Resolution in accordance with applicable California Elections Code procedures.

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

Section 1.

Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct, and are incorporated herein and by this reference are made an operative part hereof.

Section 2. Submission of Resolution to the Voters. Pursuant to the requirements of the California Elections Code applicable to the City of Yucaipa, the City Council hereby calls and orders the Resolution to be submitted to the qualified voters of the City at a Special Municipal Election to be held in the City of Yucaipa, California, on Tuesday, June 2, 2026. The Resolution shall be in the form attached hereto as 12/08/2025 City Council Agenda
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Section 3.

Exhibit "A" to this Resolution and is incorporated by this reference as if fully set forth herein.

Ballot Question. The City Council, pursuant to its right and authority, does hereby order that the ballot question for the Resolution shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the Special Municipal Election to be held on Tuesday, June 2, 2026, in addition to any other matters required by law, there shall be printed substantially the following ballot question:

Shall Resolution No. 2025-54, approving the Freeway Corridor Specific Plan Update for 1,242 acres along Interstate 10, allowing up to 2,472 residential units and 5.1 million square feet of nonresidential space, including regional commercial and business park, refining design and buffering standards, protecting open space, reducing traffic impacts at buildout, and not approving or overturning any specific development project, be approved?
YES
NO
Section 4. Election Procedures.

A. The vote requirement for the Resolution to pass is a simple majority (50% + 1) of votes cast.

B. The ballots to be used at the election shall be in the form and content as required by law.

C. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary Election on Tuesday, June 2, 2026, for the purpose of submitting to the voters the question relating to the City' s Measure.

D. The election services which the City of Yucaipa requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots; the establishment or appointment of precincts, polling places, voting centers, and election officers, the preparation, printing, mailing and furnishing of vote -by -mail ballots, making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for polling places and voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Yucaipa; and the performance of such other election services as may be requested by the City Clerk. 12/08/2025 City Council Agenda
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E. The City Clerk is authorized, instructed and directed to procure and furnish, or cause to be procured and furnished through the County of San Bernardino, any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

F. The polls, voting centers and/or vote -by -mail drop-off boxes shall be open and the procedures for submitting votes -by -mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of San Bernardino, except as otherwise provided in the Elections Code of the State of California.

G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

I. All ballots shall be tallied at a central counting place and not at the precincts.

Said central counting place shall be at a County center as designated by the Registrar of Voters.

J. The San Bernardino County Registrar of Voters is hereby authorized to canvass the returns of said election.

K. The City Clerk of the City of Yucaipa shall receive the canvass from the County as it pertains to the election on the Measures, and shall certify the results to the City Council, as required by law.

Section 5. Arguments and Impartial Analysis.

A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) the proponents of the referendum protesting this Resolution, (iii) any individual voter eligible to vote on the above Resolution, (iv) a bona fide association of such citizens or (v) any combination of voters and associations, to file a written argument in favor of or against the Resolution, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, which argument may be changed until and including the deadline set by the San Bernardino County Registrar of Voters, after which no arguments for or against the Resolution may be submitted to the City Clerk. Arguments in favor of or against the Resolution shall each not exceed 300 words in length.

Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
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B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Resolution to the City Attorney. The City Attorney shall prepare an impartial analysis of the Resolution, not to exceed 500 words in length, showing the effect of the Resolution on the existing law and the operation of the Resolution. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Resolution as provided by law.

The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in Subsection 5(A) above. The impartial analysis shall include a statement indicating whether the Resolution was placed on the ballot by a petition signed by the requisite number of voters or by the City Council.

In the event the entire text of the Resolution is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10- font bold type, the following: "The above statement is an impartial analysis of Resolution No. 2025-XX or Measure . If you desire a copy of the Resolution/Measure, please call the election official' s office at (909) 769-8649 and a copy will be mailed at no cost to you."
D. The provisions of this Section 5 shall apply only to the election to be held on June 2, 2026, and shall then be repealed.

Section 6. Rebuttals.

Section 7.

A. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Resolution which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Resolution to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than 10 days after the deadline for primary arguments set forth in Section 5 above. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

B. The provisions of this Section 6 shall apply only to the election to be held on June 2, 2026, and shall then be repealed.

Placement on the Ballot. The full text of the Resolution shall be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of the Resolution at no cost, upon request made to the City Clerk. 12/08/2025 City Council Agenda
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Section 8.

Section 9.

Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Resolution attached hereto as Exhibit "A", to the Clerk of the Board of Supervisors of San Bernardino County and to the Registrar of Voters of San Bernardino County.

Public Examination. Pursuant to California Elections Code section 9295, the Resolution will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide.

The City Clerk shall post notice in the Clerk' s office of the specific dates that the examination period will run.

Section 10. CEQA. The City Council hereby finds and determines that placement of the Resolution on the ballot is not a discretionary action of the City Council within the meaning of the California Environmental Quality Act (" CEQA") and the State CEQA Guidelines and is, therefore, not subject to CEQA review. See, Tuolumne Jobs and Small Business Alliance v. Superior Court, (2014) 59 Cal. 4th 1029.

Section 11.

Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 12. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

Section 13.

Suspension of Resolution and Effective Date of Resolution if Approved by Voters.

Pursuant to California Elections Code sections 9217, 9237 and 9243, the Resolution is suspended and shall not go into effect unless and until approved and adopted by a majority of the eligible voters of the City of Yucaipa voting at the Special Municipal Election of June 2, 2026. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.

PASSED, APPROVED, and ADOPTED this 8th day of December, 2025.

Jon Thorp, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
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Exhibit A
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RESOLUTION NO. 2025-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA

APPROVING AND ADOPTING THE FREEWAY CORRIDOR SPECIFIC
PLAN UPDATE (CASE NO. 24-044/GPA/SPA); CERTIFYING THE

REVISED FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
(SCH NO. 2006041096); ADOPTING CALIFORNIA ENVIRONMENTAL

QUALITY ACT FINDINGS OF FACT, A STATEMENT OF OVERRIDING

CONSIDERATIONS, AND A MITIGATION MONITORING AND
REPORTING PROGRAM; MAKING THE FINDINGS REQUIRED BY
YUCAIPA DEVELOPMENT CODE § 83.020310; AND DIRECTING THE

FILING OF A NOTICE OF DETERMINATION
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- 12/08/2025 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. 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 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 12/08/2025 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 Department. 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; and 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 12/08/2025 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. CEQA Compliance; Independent Judgment; Incorporation by Reference.

The City Council has reviewed and considered the Revised Final Subsequent Environmental Impact Report for the Freeway Corridor Specific Plan Project (the "Revised Final SEIR"), consisting of the Draft Subsequent Environmental Impact Report dated February 2024, all appendices thereto, written comments received during the public review period, Responses to Comments, clarifications, corrections, errata, and text revisions, together with the Mitigation Monitoring and Reporting Program ("MMRP"), and finds that the Revised Final SEIR has been completed in full compliance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the City's Local CEQA Guidelines. Acting in its independent judgment and analysis, the City Council further finds that it has reviewed and considered the entire administrative record for the Project prior to taking action and that said record is incorporated herein by reference in its entirety.

Section 2. Certification of Revised Final SEIR.

The City Council hereby certifies the Revised Final SEIR for the Freeway Corridor Specific Plan Project as adequate, complete, and in compliance with CEQA, and finds that the document reflects the City Council's independent judgment and analysis.

Section 3. Adoption of CEQA Findings of Fact; Statement of Overriding Considerations; Mitigation Monitoring and Reporting Program.
(a) The City Council hereby adopts the Findings of Fact, attached hereto and incorporated herein by this reference, including findings for each significant environmental impact identified in the Revised Final SEIR and the determination as to how such impacts are avoided, substantially lessened, or rendered infeasible to mitigate. (b) The City Council hereby adopts the Statement of Overriding Considerations, attached hereto and incorporated herein by this reference, finding that, for each significant and unavoidable environmental effect, specific economic, legal, social, technological, and other benefits of the Project outweigh the unavoidable adverse environmental effects. (c) The City Council hereby adopts the MMRP, attached hereto and incorporated herein by 12/08/2025 City Council Agenda
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this reference, and imposes all mitigation measures identified therein as conditions of approval of the Project. City staff are directed and authorized to implement the MMRP and to verify, monitor, and enforce compliance with the mitigation measures as provided therein.

Section 4. Project Approval — Freeway Corridor Specific Plan Update.

The City Council hereby approves and adopts the Freeway Corridor Specific Plan Update (Case No. 24-044/GPA/SPA) as presented at the public hearing, including the Specific Plan text, figures, land use plan, development standards, design guidelines, infrastructure provisions, and errata presented at the hearing (collectively, the "FCSP Update"). The FCSP Update establishes a plan -area capacity of up to 2,472 dwelling units and 5,093,265 square feet of non-residential uses within the approximately 1,242-acre plan area, and constitutes the City's approval of Option 3 (August 2025) as described in the agenda report.

The City Council further finds and determines that the FCSP Update is consistent with the General Plan and that the findings required by Yucaipa Development Code, attached hereto and incorporated herein, are hereby made, adopted, and incorporated by reference based on the evidence in the administrative record, including the staff/agenda report and attachments on file with the City Clerk.

Section 5. Conforming Legislative Actions.

The City Council finds that conforming amendments to the Official Land Use Plan and Zoning Ordinance are necessary to maintain consistency with the FCSP Update.

Concurrent with the adoption of this Resolution, the City Council has introduced for first reading Ordinance No. 448. Staff is directed to process and present for City Council consideration for second reading and adoption at the next regular meeting Ordinance No. 448 to effectuate those conforming amendments.

Section 6. Implementation; Minor Clarifications.

The Interim City Manager, or designee, is authorized to take all actions necessary or desirable to implement this Resolution and the FCSP Update, including making non - substantive, ministerial corrections or clarifications to the text, tables, figures, and exhibits of the FCSP Update to conform to the City Council's action and to correct typographical or formatting errors, provided that no such correction shall materially change the substance of the City Council's approval.

Section 7. Custodian of Record.

The custodian of the documents and other materials that constitute the record of proceedings for this action is the City of Yucaipa Development Services Department, located at 34272 Yucaipa Boulevard, Yucaipa, California 92399, attention: Benjamin Matlock, Deputy Director/City Planner.
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Section 8. Severability.

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

Section 9. Effective Date.

This Resolution shall take effect immediately upon its adoption.

Section 10. Certification.

The City Clerk shall certify to the passage and adoption of this Resolution and shall cause the same to be entered into the book of original resolutions of the City.

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.

Jon Thorp, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
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ATTACHMENT 2
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RESOLUTION NO. 2025-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,

CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL
MUNICIPAL REFERENDUM ELECTION ON JUNE 2, 2026 FOR THE

SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF
YUCAIPA, AN ORDINANCE AMENDING ORDINANCE NO. 343,

AMENDING THE OFFICIAL LAND USE PLAN AND ZONING

ORDINANCE OF THE CITY OF YUCAIPA
WHEREAS, pursuant to authority provided by the California Government Code, on August 25, 2025, at a duly noticed public hearing, the Yucaipa City Council approved the introduction and first reading of Ordinance No. 448, amending Ordinance No. 343, amending the Official Land use plan and zoning ordinance of the City of Yucaipa; and WHEREAS, on September 8, 2025, the City Council adopted Ordinance No. 448; and WHEREAS, on September 11, 2025, proponents of an effort to challenge the Ordinance by referendum timely filed a draft summary of the Ordinance with the City Clerk's Office for the City Attorney's review and possible amendment; and
WHEREAS, on September 23, 2025, the City Attorney timely prepared an amended summary of the Ordinance for the proponents to include in a referendum petition to be circulated among Yucaipa voters for signatures; and
WHEREAS, pursuant to California Elections Code sections 15 and 9238( b)( 2)( B)( vi), the Ordinance was scheduled to become effective unless the proponents filed a signed referendum petition with the City Clerk' s office by October 23, 2025, to challenge the Ordinance; and WHEREAS, pursuant to authority provided by California Elections Code sections 9235 et. seq., on October 20, 2025 the referendum proponents timely filed with the City Clerk's Office, a signed petition protesting the Ordinance by referendum which, if the referendum qualifies, would suspend the effective date of the Ordinance, require that the City Council reconsider the Ordinance and either repeal it in its entirety or submit it to a vote of Yucaipa voters; and WHEREAS, a referendum petition protesting the adoption of an Ordinance 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, 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, the City Clerk, through the San Bernardino County Registrar of Voters, has certified that the form of the referendum petition complies with California law and, based upon an examination of voter registration records, has ascertained that the petition is signed by the requisite number of voters to qualify the Ordinance for the referendum ballot under the Elections Code, unless it is repealed by the City Council; and
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WHEREAS, the City Council has not voted to repeal the Ordinance; and WHEREAS, pursuant to California Elections Code section 9237, because the petition was signed by the requisite number of voters and the Ordinance was not repealed by the City Council, the effective date of the Ordinance is suspended and it may not go into effect unless and until approved by a majority of Yucaipa voters voting upon it at a municipal election; and WHEREAS, the City Council is therefore authorized and required by California Elections Code section 9241 to submit the proposed Ordinance to the voters at either its next regular municipal election or at a special municipal election called for that purpose, occurring not less than 88 days after the date of the order of election; and
WHEREAS, the next regular municipal election that is not less than 88 days after the date of this Resolution would be Yucaipa's General Municipal Election to be held on Tuesday, November 3, 2026; and
WHEREAS, the City Council reviewed its options at their October 27, 2025 Regular City Council Meeting and directed the City Clerk to place the Ordinance before Yucaipa voters at a Special Municipal Election to be held on June 2, 2026, concurrent with the Statewide Primary Election; and
WHEREAS, the specific terms of the Ordinance are attached hereto as Exhibit "A" and by this reference made an operative part hereof, and in accordance with all applicable laws; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City the precincts, polling places, voting centers and election officers of the two elections be the same, and that the San Bernardino County Registrar of Voters canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; and WHEREAS, it is also desirable to establish deadlines and rules for the submission of written arguments and rebuttals for and against the Ordinance in accordance with applicable California Elections Code procedures.

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

Section 1.

Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct and are incorporated herein and by this reference are made an operative part hereof.

Section 2. Submission of Ordinance to the Voters. Pursuant to the requirements of the California Elections Code applicable to the City of Yucaipa, the City Council hereby calls and orders the Ordinance to be submitted to the qualified voters of the City at a Special Municipal Election to be held in the City of Yucaipa, California, on Tuesday, June 2, 2026. The Ordinance shall be in the form attached hereto as Exhibit "A" to this Resolution and is incorporated by this reference as if fully set forth herein.
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Section 3. Ballot Question. The City Council, pursuant to its right and authority, does hereby order that the ballot question for the Ordinance shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the Special Municipal Election to be held on Tuesday, June 2, 2026, in addition to any other matters required by law, there shall be printed substantially the following ballot question:

Shall Ordinance No. 448, which updates the City's Land Use Map to identify the approximately 1,242 acres of the City in the Freeway Corridor Specific Plan area, generally located along Interstate 10 from Live Oak Canyon Road (Oak Glen Road), to County Line Road as "Planned Development" and "Institutional" and not approving or overturning any specific development project, be approved?
YES
NO
Section 4. Election Procedures.

A. The vote requirement for the Ordinance to pass is a simple majority (50% + 1) of votes cast.

B. The ballots to be used at the election shall be in the form and content as required by law.

C. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary Election on Tuesday, June 2, 2026, for the purpose of submitting to the voters the question relating to the City' s Measure.

D. The election services which the City of Yucaipa requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots; the establishment or appointment of precincts, polling places, voting centers, and election officers, the preparation, printing, mailing and furnishing of vote -by -mail ballots, making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for polling places and voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Yucaipa; and the performance of such other election services as may be requested by the City Clerk.

E. The City Clerk is authorized, instructed and directed to procure and furnish, or cause to be procured and furnished through the County of San Bernardino, any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
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F. The polls, voting centers and/or vote -by -mail drop-off boxes shall be open and the procedures for submitting votes -by -mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of San Bernardino, except as otherwise provided in the Elections Code of the State of California.

G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

I. All ballots shall be tallied at a central counting place and not at the precincts.

Said central counting place shall be at a County center as designated by the Registrar of Voters.

J. The San Bernardino County Registrar of Voters is hereby authorized to canvass the returns of said election.

K. The City Clerk of the City of Yucaipa shall receive the canvass from the County as it pertains to the election on the Measures, and shall certify the results to the City Council, as required by law.

Section 5. Arguments and Impartial Analysis.

A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) the proponents of the referendum protesting the Ordinance, (iii) any individual voter eligible to vote on the above Ordinance, (iv) a bona fide association of such citizens or (v) any combination of voters and associations, to file a written argument in favor of or against the Ordinance, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, which argument may be changed until and including the deadline set by the San Bernardino County Registrar of Voters, after which no arguments for or against the Ordinance may be submitted to the City Clerk. Arguments in favor of or against the Ordinance shall each not exceed 300 words in length.

Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.
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C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Ordinance to the City Attorney. The City Attorney shall prepare an impartial analysis of the Ordinance, not to exceed 500 words in length, showing the effect of the Ordinance on the existing law and the operation of the Ordinance. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Ordinance as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in Subsection 5(A) above. The impartial analysis shall include a statement indicating whether the Ordinance was placed on the ballot by a petition signed by the requisite number of voters or by the City Council.

In the event the entire text of the Ordinance is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10- font bold type, the following: "The above statement is an impartial analysis of Ordinance No. or Measure . If you desire a copy of the Ordinance/Measure, please call the election official' s office at (909) 769-8649 and a copy will be mailed at no cost to you."
D. The provisions of this Section 5 shall apply only to the election to be held on June 2, 2026, and shall then be repealed.

Section 6. Rebuttals.

Section 7.

Section 8.

A. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Ordinance which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Ordinance to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than 10 days after the deadline for primary arguments set forth in Section 5 above. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

B. The provisions of this Section 6 shall apply only to the election to be held on June 2, 2026, and shall then be repealed.

Placement on the Ballot. The full text of the Ordinance shall be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of the Ordinance at no cost, upon request made to the City Clerk.

Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Ordinance attached hereto as Exhibit "A", to the Clerk of the Board of 12/08/2025 City Council Agenda
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Supervisors of San Bernardino County and to the Registrar of Voters of San Bernardino County.

Section 9. Public Examination. Pursuant to California Elections Code section 9295, the Ordinance will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide.

The City Clerk shall post notice in the Clerk' s office of the specific dates that the examination period will run.

Section 10. CEQA. The City Council hereby finds and determines that placement of the Ordinance on the ballot is not a discretionary action of the City Council within the meaning of the California Environmental Quality Act (" CEQA") and the State CEQA Guidelines and is, therefore, not subject to CEQA review. See, Tuolumne Jobs and Small Business Alliance v. Superior Court, (2014) 59 Cal. 4th 1029.

Section 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 12. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

Section 13.

Suspension of Ordinance and Effective Date of Ordinance if Approved by Voters.

Pursuant to California Elections Code sections 9217, 9237 and 9243, the Ordinance is suspended and shall not go into effect unless and until approved and adopted by a majority of the eligible voters of the City of Yucaipa voting at the Special Municipal Election of June 2, 2026. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.

PASSED, APPROVED, and ADOPTED this 8th day of December, 2025.

Jon Thorp, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
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Exhibit A
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ORDINANCE NO. 448

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING ORDINANCE NO. 343, AMENDING THE OFFICIAL LAND USE PLAN AND

ZONING ORDINANCE OF THE CITY OF YUCAIPA
THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES ORDAIN AS FOLLOWS:

Section 1. A public hearing has been held before the City Council of the City of Yucaipa (the "City"), duly noticed and conducted pursuant to the Planning and Zoning Laws of the State of California and applicable provisions of Division 3 of the Development Code as adopted by Ordinance No. 124; and the Official Land Use Plan of the City, as adopted by Ordinance No. 343, is hereby amended as provided in Section 2 herein below.

Section 2. The proposed land use designation contained on the "Official Land Use Districts Map" on file with the City, and bearing the file number Case No. 24-044/GPA/SPA, changes the Land Use District designation of the area encompassed by the boundaries of the Freeway Corridor Specific Plan, as reflected in Figure CDL-3, Land Use Modifications to the City's Planned Development (PD) district, omitting the Freeway Corridor Specific Plan unique districts from the map, and also changing the not -a -part, Yucaipa Valley Water District parcel to Institutional (In). The Not -A -Part areas from the Freeway Corridor Specific Plan update shall also be omitted from Figure CDL-3.

Section 3. The City Clerk is hereby directed to cause the following summary of this ordinance to be published by two (2) insertions in the Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa, and hereby designated for that purpose by said Council of the City of Yucaipa: "Ordinance No. 448 changes the Land Use Designation reflected for the Freeway Corridor Specific Plan within the City's General Plan Figure CDL-2 to Planned Development (PD) and Institutional (IN) as part of Case No 24-044/GPA/SPA, and omits the not -a -part elements from Figure CDL-3."
PASSED, APPROVED and ADOPTED on this 8th day of September, 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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i1VO1
\-\J Item No. 16

AGENDA REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk,cQJ/5' Steven Graham Pacifico, City Attorney
SUBJECT: Campaign Contribution Limits
RECOMMENDATION:

That the City Council discuss campaign contribution limits within the City of Yucaipa.

BACKGROUND/DISCUSSION:

At the November 10, 2025 Regular City Council Meeting, the City Council directed staff to return with a discussion item regarding campaign contribution limits at the request of Councilmember Miller.

Currently, there are no campaign contribution limits in the City of Yucaipa.

In California, the Political Reform Act (Act) governs the reporting of campaign contributions and expenditures at the state and local level. The Fair Political Practices Commission (Commission) serves as the enforcement agency that investigates and administratively prosecutes violations of the Act.

Historically, the Act has only set campaign contribution limits for state level offices such as Senator, Assemblymember, Governor, Lieutenant Governor, etc. There was no state law requirement for cities or counties to have limits in place. Thus, most cities and counties throughout the state, including Yucaipa, had no limits. Some cities and counties at their discretion opted to impose limits on themselves. In 2019, the State legislature adopted AB 571. Pursuant to AB 571, commencing January 1, 2021, if a city or county had not already enacted a contribution limit on such candidates, the limits would automatically default to the state's campaign contribution limits. The bill further authorized a city to impose limitations that are different from those of the state, however, by imposing limitations different than those of the state, the Commission would no longer serve as the enforcement agency.

From 1989 when the City of Yucaipa incorporated to 2021, the City had no campaign contribution limits. Because an ordinance was not adopted by the City Council prior to 2021, the City then became subject to the provisions of AB 571 and campaign contribution limits were set, defaulting to the state's limit. The default state contribution limit in 2021 was $4,900. Contribution limits are adjusted in January of every odd -numbered year to reflect any increase or decrease in the Consumer Price Index.

The current default state contribution limit is $5,900. In addition to defaulting to the state's contribution limit as a result of not having an ordinance in place, the City was also affected by other provisions of 12/08/2025 City Council Agenda
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AB 571 such as the requirement to completely close out a committee and bank account and re -open them for a new cycle.

At the January 22, 2024 Regular City Council Meeting, staff brought forward Ordinance No. 440, imposing no limits on campaign contributions in the City of Yucaipa. However, after Council discussion, the City Attorney was directed to return to Council with a separate Ordinance setting campaign contribution limits to $10,000 for Council consideration.

At the February 26, 2024 Regular City Council Meeting, Ordinance No. 440 establishing no limits on campaign contributions and Ordinance No. 443 establishing a campaign contribution limit of $10,000 were presented to Council for consideration. After Council discussion, the introduction and first reading of Ordinance No. 440 establishing no limits on campaign contributions was approved by a vote of 4-1, with Councilmember Beaver voting no.

CITY COUNCIL OPTIONS
The following are options for Council consideration:

1. Do nothing - Ordinance No. 440 remains in place. This option would continue to set no limits on campaign contributions in the City of Yucaipa. With this option, the issue of enforcement is moot as there are no limits to regulate.

2. Repeal Ordinance No. 440. If the Council chose to repeal Ordinance No. 440, the City would no longer have an ordinance on the books related to campaign contributions and the City would therefore default to the State's limit. The State's 2025 contribution limit chart is attached (Attachment 1). With this option, the Commission would serve as the enforcement agency.

3. Establish a different contribution limit. If the Council selects this option, staff recommends that the Council determine an appropriate contribution limit, direct the City Attorney to draft a new ordinance reflecting that amount, and consider entering into an agreement with the Commission for Campaign Law Enforcement. The sample campaign law enforcement agreement is attached (Attachment 2). With this option, the City would be responsible for enforcement unless it enters into an agreement with the Commission. The City currently does not have adequate staffing nor fees set to be able to serve as the enforcement agency. Entering into an agreement with the Commission would be the only feasible option but would require a budget adjustment in the amount of approximately $55, 000 to cover the cost of the agreement.

Staff recommends that the Council discuss the options presented and provide feedback and/or direction to staff.
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FISCAL IMPACT:

The fiscal impact is dependent on the direction provided by Council.

Attachment(s):

1. 2025 State Contribution Limit Chart

2. Campaign Law Enforcement Agreement

3. AB 571 Fact Sheet
Approved by: p_ Cy-
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ATTACHMENT 1
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California Fair Political Practices Commission
California State Contribution Limits
(Effective January 1, 2025 - December 31, 2026)
Candidates seeking a state office and committees that make contributions to state candidates are subject to contribution limits from a single source. As of January 1, 2021, a state campaign contribution limit applies by default to city and county candidates when the city or county has not already enacted a law addressing a local contribution limit on such candidates. (Sections 85301- 85303.) Contributions from affiliated entities are aggregated for purposes of the limits. (Regulation 18215.1.) The chart below shows the current limits per contributor for state offices and city and county candidates when the city or county does not have laws addressing a local contribution limit on such candidates. The primary, general, special, and special run-off elections are considered separate elections. Contribution limits to candidates apply to each election. Contribution limits to officeholder and other committees apply on a calendar year basis.

Contact your city or county about contribution limits for local offices.

Contribution Limits to State and Local* Candidates Per Election Candidate or Officeholder
City and County Candidates subject to Section 85301 (d) Contributor
Sources
Person (individual, business Small Contributor Committee Political Party
entity, committee/PAC) (see definition on page 2)
$5,900
$5,900
$5,900
Senate and Assembly
$5,900
$11,800 No Limit
CaIPERS/CaISTRS
$5,900
$11,800
No Limit
Lt. Governor, Secretary of State, Attorney General,
Treasurer, Controller, Supt. of Public Instruction,
Insurance Commissioner, and Board
of Equalization
$9,800
$19,600 No Limit
Governor
$39,200
$39,200
No Limit
*State campaign contribution limit will by default apply to city and county candidates when the city or county does not have laws addressing a contribution limit on such candidates.

Contributions to Other State Committees Per Calendar Year Committee
Committee (Not Political Party) that Contributes to State Candidates (PAC) Political Party Account for State Candidates
Small Contributor Committee
Committee Account NOT for State Candidates (Ballot Measure, PAC, Political Party) Contributor Sources
Person (individual, business entity,
committee/PAC)
$9,800
$49,000
$200
No Limit*
*State committees (including political parties and PACs) may receive contributions in excess of the limits identified above as long as the contributions are NOT used for state candidate contributions. (Regulation 18534.) Contributions to State Officeholder Committees Per Calendar Year Committee
Senate and Assembly
Contributor Sources
Any Source (Person, Small
Contributor Committee or Aggregate From All Sources
Political Party)
$4,900
$81,400
CalPERS/CaISTRS
$4,900
$81,400
Lt. Governor, Secretary of State, Attorney General,
Treasurer, Controller, Supt. of Public Instruction,
Insurance Commissioner, and Board of Equalization
$8,100
$162,900
Governor
$32,600
$325,700
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California Fair Political Practices Commission
California State Contribution Limits
(Effective January 1, 2025 - December 31, 2026)
The contribution limits are effective for elections held between January 1, 2025 and December 31, 2026. (Regulation 18545.) These limits do not apply to contributions made to elections in previous years. Such contributions are subject to the limits in place for that year see previous charts.

Legal Defense Funds
Contributions raised for a legal defense fund are not subject to contribution limits or the voluntary expenditure ceiling. However, a candidate or officeholder may raise, in total, no more than is reasonably necessary to cover attorney's fees and other legal costs related to the proceeding for which the fund is created. (Section 85304; Regulation 18530.4.)
Recall Elections
A state officeholder and city or county officeholder subject to Section 85301 (d) who is the subject of a recall may set up a separate committee to oppose the qualification of the recall measure and, if the recall petition qualifies, the recall election.

Neither contribution limits nor voluntary expenditure ceilings apply to the committee to oppose the recall that is controlled by the officeholder who is the target of the recall attempt. Candidates running to replace an officeholder who is the target of a recall are subject to the contribution limits and the expenditure limits applicable to the election for that office. (Section 85315; Regulation 18531.5.)
Ballot Measure Committees
Contributions to ballot measure committees controlled by a candidate for elective state office or a candidate for elective city or county office subject to Section 85301 (d) are not limited.

Contributions from State Candidates and Candidates subject to Section 85301 (d)
A state candidate or candidate for elective city or county office subject to Section 85301 (d) may not contribute more than $5,900 to a committee controlled by another state candidate or candidate for elective city or county office subject to Section 85301 (d) This limit applies on a per election basis and includes, in the aggregate, contributions made from the candidate's personal funds and from campaign funds. (Section 85305; Regulation18535.) This limit does not apply to a committee controlled by a state candidate or a committee controlled by a candidate for elective city or county office subject to Section 85301 (d) to oppose their recall or their contributions made to a legal defense fund established by a candidate for elective state office or candidate for elective city or county office subject to Section 85301(d). It also does not apply to contributions made by a candidate for elective state office or a candidate for elective city or county office subject to Section 85301 (d) to a ballot measure committee controlled by another state candidate or candidate for elective city or county office subject to Section 85301 (d). Please note there are certain rules applicable to use of funds held by state officeholder committees (See Regulation 18531.62.)
Communications Identifying State Candidates
Any committee that makes a payment or a promise of payment totaling $50,000 or more for a communication that:

1. Clearly identifies a state candidate; but

2. Does not expressly advocate the election or defeat of the candidate; and

3. Is disseminated, broadcast, or otherwise published within 45 days of an election, may not receive a contribution from any singlf2sesirmgelisritthisA4)ZOW a calendar year if the
communication is made at the behest of the candidate featured in the communication. (Section 85310.)
Officeholder Committees
Officeholder contributions must be cumulated (in full) with any other contributions from the same contributor(s) for any other future elective state office or elective city or county office subject to Section 85301 (d) for which the officeholder maintains a controlled committee during the term of office in which the contribution is received.

Contributions to candidates for future elections and to their officeholder account are cumulated for purposes of contribution limits. (Regulation 18531.62.)
Contributions from State Lobbyists
A state lobbyist may not contribute to a state officeholder's or candidate's committee if the lobbyist is registered to lobby the agency of the elected officer or the agency to which
the candidate is seeking election. The lobbyist also may not contribute to a local committee controlled by any such state candidate. (Section 85702; Regulation 18572.) In addition, effective January 1, 2015, lobbyists and lobbying firms may no longer take advantage of the $500 or less home/office fundraiser exception that is available to other individuals and entities. (Section 82015(f).) Local Elections
Many cities and counties have local contribution limits and other election rules. The FPPC posts local campaign ordinances that are provided to the FPPC on its website. Always check with your city or county about contribution limits for local elections and for the most up-to-date information. A state campaign contribution limit applies by default to city and county candidates when the city or county has not already enacted a law addressing a local contribution limit on such candidates.

Definitions
Person: An individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert. (Section 82047.) Small Contributor Committee: Any committee that meets all of the following criteria:
(a) The committee has been in existence for at
least six months.
(b) The committee receives contributions from 100
or more persons.
(c) No one person has contributed to the committee
more than $200 per calendar year.
(d) The committee makes contributions to five or
more candidates. (Section 85203; Regulation 18503.)
Political Party Committee: The state central committee
or county central committee of an organization that meets the requirements for recognition as a political party under Elections Code Section 5100. (Section85205.)
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ATTACHMENT 2
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STATE OF CALIFORNIA

FAIR POLITICAL PRACTICES COMMISSION
AND

CAMPAIGN LAW ENFORCEMENT AGREEMENT
This agreement ("Agreement") is made and entered into this day of 20, by and between the State of California, acting by and through the Fair Political Practices Commission, ("FPPC") and the ("Local Agency").

Background
The Local Agency determined it is in its best interest to retain the services of the FPPC to provide for the enforcement and interpretation of campaign laws under the provisions of the Local Agency campaign ordinance ("Local Ordinance"), governing the elective Local Agency offices, as set forth with specificity in Exhibit D, Items 1 and 2.

The FPPC has the special skills, knowledge, experience, and expertise in the enforcement and interpretation of campaign laws necessary to effectively advise, investigate, audit, and otherwise assist the Local Agency on such matters. The FPPC's enforcement and interpretation of campaign laws under the provisions of the Local Ordinance is expressly authorized by California Government Code Section 83123.6.

The parties agree as follows:

Terms and Conditions
Exhibit A: Scope of Services

1. The FPPC agrees to provide the Local Agency with campaign law services for the impartial, effective administration, implementation, and enforcement of the Local Ordinance as dictated in paragraph 2.

2. Campaign Law Enforcement Services.
0 Auditing
i. The FPPC will perform audits and investigations for each candidate, and his or her controlled committee, for elective Local Agency office for whom $2,000 or more in contributions were received or $2,000 in expenditures were made, whether by the candidate, a committees) controlled by the candidate, or committee primarily supporting the candidate.
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ii. The audit or investigation will cover all required campaign statements and for the primary and general election, or runoff, or special election for the following election time periods: January 1, 20_ through December 31, 20 . The audits may extend to include any transaction in connection with the election being audited or investigated. It will not include any statements or reports previously audited under Title 9 of the Government Code, Chapter 10, Sections 90001 or 90003.
iii. The FPPC will follow audit guidelines and standards as required under Government Code Section 90007.

Enforcement
The FPPC agrees to serve as the civil and administrative prosecutor for violations of the Local Ordinance. The FPPC, at its sole discretion, may investigate possible violations and may commence civil and/or administrative actions in accordance with Title 9 of the Government Code, and Title 2, Division 3, Part 1, Chapter 5 (Administrative Adjudication), Sections 11500, et seq., of the Government Code. ® Campaign Compliance Assistance
The FPPC agrees to provide written and/or verbal assistance to candidates for elected Local Agency offices, and potential contributors in a Local Agency election, regarding the Local Ordinance upon the request of the candidate or potential contributor.

Campaign Compliance Training
At least once per election cycle, the FPPC will provide an in -person seminar to review the relevant process, procedures and rules for Local Agency electoral candidates.
p The FPPC will provide outreach to Local Agency electoral candidates.

The Local Agency will provide the FPPC with filed Form 501 campaign intention statements by the Local Agency electoral candidates to facilitate this outreach.
✓ Legal Review
Upon notification and request by the Local Agency, the FPPC will review any proposed changes to the Local Ordinance for compliance with the Political Reform Act prior to adoption by the Local Agency. (Required under Government Code Section 83123.6. subdivisions (b) and (c).)
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✓ Education and Training
The FPPC will provide an initial training workshop to the Local Agency regarding the conflict of interest provisions and/or Form 700 requirements under the Political Reform Act, as it applies to the Local Agency and its officials, employees, candidates for elected Local Agency offices, and/or lobbyists. (The Political Reform Act initial training workshop is not a charged service.)

3. The term of this Agreement is the two-year election cycle period: January 1, 20 through December 31, 20 . Services will commence on the beginning of this term, and for the elections held during this term, as indicated in paragraph (2)(A), above. Due to the nature of audits and investigations, some services may necessarily occur on dates after the stated election cycles. Services from prior contract will continue as previously determined until completed.

4. The Local Agency agrees to provide the FPPC with a resolution, motion, order, or ordinance of the governing body, which authorizes execution of this Agreement, and indicating the individual who is authorized to sign the Agreement on behalf of the Local Agency.

5. The Local Agency must consult with the FPPC prior to adopting or amending the Local Ordinance. The Local Ordinance must comply with Title 9 of the Government Code. (Government Code Section 83123.6, subdivision (b) and (c).)

6. The Contract Coordinators for this Agreement are:

Fair Political Practices Commission Agency:

Loressa Hon, Chief of Administration Name/Title:
1102 Q Street, Suite 3050 Address:

Sacramento, CA 95814 City/Zip:
916-322-5660 Phone:
[email protected] Email:

Communications regarding this Agreement will be addressed to the Contract Coordinators unless otherwise indicated in the Agreement. Each party will update the contact information for the Contract Coordinator within 30 days of any changes.

Exhibit B: Budget Details and Payment Provisions

1. Full Cost Recovery Agreement.

In accordance with the state full cost recovery policy, the Local Agency agrees to reimburse the FPPC for its full direct and its indirect costs incurred in performing the 12/08/2025 City Council Agenda
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services. The full cost of goods or services includes all costs attributable directly to the activity plus a fair share of indirect costs which can be ascribed reasonably to the good or service provided. (State Administrative Manual, Section 8752.). If the Local Agency terminates the agreement, it agrees to pay the FPPC for any other expenditures reasonably made by the FPPC in anticipation of services to be rendered pursuant to this Agreement (Gov. Code Section 83123.6 (d)(2))

2. Invoicing and Payment.

The FPPC will provide the Local Agency with an itemized quarterly invoice detailing all FPPC service hours and costs for the administration, implementation, and enforcement of the Local Ordinance under this Agreement, along with any billing statement for payments due under the Agreement.

Quarterly itemized invoices and billing statements will be submitted to:

Agency:

Office:

Name/Title:

Address:

The Local Agency agrees to pay the FPPC within thirty (30) days of the date of each quarterly invoice and billing statement.

3. Advance Payment.

A. The Local Agency agrees to pay an advance payment of [$55,000 or adjusted amountl to the FPPC for costs to be incurred in performance of this Agreement. The Local Agency agrees to make this advance payment at the beginning of each year of the contract term.

B. Except for extraordinary costs and expenses, no advance notification is necessary for services provided for each year of the contract. The FPPC will track its expenditures made in anticipation of services to be rendered, and its services provided, and will bill first to the advance payment. Upon depletion of the advance payment, the Local Agency will pay additional reimbursement sums, if any, upon receipt of a billing statement from the FPPC.

4. Rates and Costs for Services.

A. Budget Detail.

The FPPC will bill for its services at the rates set forth below. These rates include the FPPC's direct and indirect costs related to these positions. 12/08/2025 City Council Agenda
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Classification
Attorney
Paralegal
Investigator
Program Specialist (Auditor)
Political Reform Consultant (Research Analyst)
Executive/Supervisory Staff
Administrative Staff
Rate per hour
$220.00
$205.00
$125.00
$195.00
$195.00
$220.00
$195.00
The rates reflect the Attorney General's Office, Bulletin 17-09, and the Department of General Services Price Book, 2018-19. The Executive/Supervisory Staff and Administrative Staff rates are calculated using comparable rates from the Price Book and internal calculations in compliance with the state full cost recovery policy.

B. Necessary Changes to Rates.

In the event that the state hourly rates increase, or the state reimbursement rates increase, the Local Agency agrees to pay the appropriate increased rate applied as of the effective date of the rate increase. It is understood by both parties that no advance written notification is necessary prior to implementing the increased rates. In the event that the FPPC determines that the above hourly rates do not result in a full cost recovery for services provided in accordance with state policy, it will notify the Contract Coordinator for the Local Agency and retroactively apply the appropriate rates, after consultation with the Local Agency, to ensure the FPPC maintains the required full cost recovery.

C. Ordinary and Extraordinary Costs and Expenses.

The FPPC will bill its actual costs for ordinary costs and expenses directly related to the services provided. Ordinary costs and expenses are limited to:

1. Court fees, including filing fees, judicial officer fees, deposition fees, transcript fees, and process serving fees.

2. Administrative fees, including administrative officer fees, administrative law judge fees, hearing fees, transcript fees, and process serving fees.

3. Travel, lodging, and meals pursuant to state reimbursement rates as necessary for FPPC officers, employees, contractors, agents, and volunteers.

4. Telephone charges, postage, photocopying/document reproduction costs, and damage to property repaired or replaced at state expense.

5. Research service fees necessary to perform services. 12/08/2025 City Council Agenda
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Prior Approval Required.

The FPPC will bill its actual costs for extraordinary costs and expenses only upon prior approval by the Local Agency Counsel. Extraordinary costs and expenses include, but are not limited to:

1. Fees for third -party consultants, investigators, and experts including their travel, lodging, and meals.

2. Travel, lodging, and meals for witnesses.

5. Total Cost of the Agreement.

The parties anticipate that the total amount of this Agreement will not exceed [$400,000 or adjusted amountl, with an estimated budget of [$200,000 or adjusted amountl per year.

In the event this contract is canceled or is not renewed, the FPPC will provide an estimate of remaining hours necessary to complete the services already in progress, or required by this Agreement, to be billed at the hourly rate, and the services may be completed upon mutual agreement.

Exhibit C: General Terms and Conditions

1. APPROVAL. This Agreement is of no force or effect until signed by both parties. In addition, pursuant to Government Code Section 83123.6, subdivision (d), the FPPC may approve this Agreement at the earliest of 90 days after its submission to the Department of General Services ("DGS"), or after receiving DGS's written review, whichever occurs first.

2. STATE AUDIT OF THIS AGREEMENT. The Local Agency agrees that the State of California, including but not limited to, the Department of General Services, the Bureau of State Audits, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Agreement. The Local Agency agrees to maintain records and supporting documentation for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated by the parties or required by the Bureau of State Audits. The Local Agency agrees to allow the auditor(s) access to records and supporting documentation during normal business hours and to allow interviews of any employees who might reasonably have information related to the records. Furthermore, the Local Agency agrees that the State of California has the same right to audit records and interview staff in any subcontract related to the performance of this Agreement. (Government Code Section 8546.7.) The FPPC will not bill the Local Agency for its time or costs related to a State Audit by the Department of General Services, Bureau of State Audits.

3. DISPUTES. Any dispute concerning a question of fact arising under the terms of this 12/08/2025 City Council Agenda
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Agreement that is not disposed within a reasonable period of time (ten days) by the parties normally responsible for the administration of this Agreement shall be brought to the attention of the Contract Coordinators for joint resolution. The parties shall continue their responsibilities during any dispute.

4. INDEMNIFICATION. Pursuant to Government Code Section 895.4 and except as provided below, the Local Agency agrees to indemnify, defend (with counsel approved by the FPPC General Counsel), and hold harmless the FPPC and its authorized officers, employees, contractors, agents, and volunteers from any and all claims, actions, losses, damages, and liability arising out of the performance of this Agreement, or from the enforcement or interpretation of any provision of the Local Ordinance, from any cause whatsoever, including the acts, errors, or omissions of any person and for any costs or expenses incurred by the FPPC on account of any claim except where such indemnification is prohibited by law.

The FPPC shall indemnify, hold harmless, and defend the Local Agency and its authorized officers, employees, contractors, agents, and volunteers from any and all claims, actions, losses, damages, and liability arising from the FPPC's sole negligence or willful misconduct relating to obligations under this Agreement.

5. AMENDMENT. This Agreement may be amended by written mutual consent of the parties. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties.

6. CANCELLATION. This Agreement may by canceled by either party, at any time, by ordinance or resolution and with an effective date of 90 days after notice is provided by the cancelling party, or other mutually agreed upon date. Notice of the cancellation shall be provided to the Contract Coordinators. In the event this Agreement is canceled by the Local Agency, the FPPC may require the Local Agency to pay for services rendered and any other expenditures reasonably made by the FPPC in anticipation of services to be rendered pursuant to the Agreement.

7. REPORT TO THE LEGISLATURE. Within thirty (30) of receipt of a written request by the FPPC, the Local Agency will provide the FPPC with items necessary for its report to the Legislature pursuant to Section 83213.6, subdivision (h), including its estimated annual cost savings, annual performance metrics, and relevant public comments submitted to the Local Agency.

Exhibit D: Special Terms

1. Local Ordinance.

The Local Ordinance subject to this Agreement consists of the following, with any noticed subsequent amendments pursuant to Exhibit A, item 5:
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Name and citation to title, division, chapter, and sections (as necessary) [example: "Local Agency Ordinance, Title 1, Government and Administration, Division 2, Chapter 43, Campaign Finance Reform"]:

2. Local Agency Elective Offices.

The Local Agency elective offices subject to the Local Ordinance and this Agreement are:
[examples: "Supervisor
Auditor-Controller/Treasurer/Tax Collector
District Attorney
Sheriff/Coroner/Public Administrator
Local Agency Superintendent of Schools
Local Agency Assessor -Recorder -Local Agency Clerk"]:

Fair Political Practices Commission
Executive Director
Local Agency
[Name, Title ex: Mayor/Chair of
Council/Board of Supervisors]:

Date: Date:
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ATTACHMENT 3
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Fair Political Practices Commission
Contribution Limits: City and County Candidates
Introduction
Pursuant to Assembly Bill 571 (Stats. 2019, Ch. 556, AB 571 Mullin), beginning January 1, 2021 a state campaign contribution limit will by default apply to city and county candidates when the city or county has not already enacted a contribution limit on such candidates. Along with the new campaign contribution limit, there are also other related provisions that formerly applied only to state level candidates that will now apply to city and county candidates. Please note that none of the provisions of AB 571 discussed in this fact sheet apply to candidates in cities or counties for which the city or county has enacted campaign contribution limits.

Current State Contribution Limit
The contribution limit that will now apply to city and county candidates pursuant to AB 571 is updated biennially for inflation. Contribution limits can be found in Regulation 18545(a)2 and on the FPPC website's FPPC Regulations page. The default limit for contributions to city and county candidates subject to AB 571 for 2025-2026 is set at $5,900 per election.

Other Provisions Affecting City and County Candidates
Several other provisions will now apply to city and county candidates in jurisdictions that have not enacted campaign contribution limits, including the following:
• A candidate may not make a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571 limit with limited exceptions related to recall elections, legal defense funds and candidate - controlled ballot measure committees. (See Regulation 18535 for more information.)
• A candidate that has qualified as a committee must establish a separate controlled committee and campaign bank account for each specific office. Candidates may not redesignate a committee for one election for another election.
• Candidates may transfer non -surplus campaign funds from one candidate - controlled committee to another committee controlled by the same candidate for a different office if the committee receiving the transfer is for an elective state, county or city office. However, contributions transferred must be attributed and transferred using the "last in, first out" or "first in, first out" accounting method and www.fppc.ca.gov
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shall not exceed the applicable contribution limit per contributor. If a candidate is seeking to transfer campaign funds from one controlled committee to another for the same office a candidate may carry over non -surplus campaign funds raised in connection with one election to pay for campaign expenditures incurred in connection with a subsequent election for the same office without attributing or using the "last in, first out" or "first in, first out" accounting method. (See Regulation 18536 for more information on the transfer and attribution of contributions and See Regulation 18537.1 for more information on carryover of contributions.)'
• Candidates may not personally loan to a candidate's campaign an amount for which the outstanding balance exceeds $100,000. "Campaign" includes both the primary and general, or special and special runoff, elections. However, a candidate may loan each committee for a different office or term of office up to $100,000. A candidate may not charge interest on any such loan the candidate made to the candidate's campaign. (See Regulation 18530.8 for more information.)
• Candidates may establish a committee to oppose the qualification of a recall measure and the recall election when the candidate receives a notice of intent to recall. Campaign funds raised to oppose the qualification of a recall measure and/or the recall election would not be subject to any campaign contribution limit under the Act. (See Regulation 18531.5 for more information.) • A candidate for local office may open a candidate -controlled general purpose ballot measure committee to oppose or support a measure being voted on. The committee must identify on its campaign statements and reports each measure for which an expenditure of $100 or more is made. (See Regulations 18421.8 and 18521.5 for more information.)
• Contributions after the date of the election may be accepted to the extent contributions do not exceed net debts outstanding from the election, and contributions do not otherwise exceed applicable contribution limits for that election. (See Regulation 18531.64 for more information.) 1 This fact sheet is informational only and contains only highlights of selected provisions of the law. It does not carry the weight of the law. For further information, consult the Political Reform Act and its corresponding regulations, advice letters, and opinions. 2 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated)
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• Candidates are permitted to raise contributions for a general election before the primary election and may establish separate campaign contribution accounts for the primary and general so long as candidates set aside contributions and use them for the general or special general election as raised. If the candidate is defeated in the primary election or otherwise withdraws from the general election, the general election funds must be refunded to contributors on a pro rata basis less any expenses associated with the raising and administration of the general election contributions. (See Regulation 18531.2 for more information.) • Candidates that are currently in office that are running for reelection to the same seat in an election after January 1, 2021 may carry over campaign funds without attribution as mentioned above. Candidates running for a different office also do not need to do LIFO FIFO or attribution for the election immediately subsequent to the election prior to 2021 for which the money was raised. • Candidates must disclose cumulative totals of contributions received or made for each election on campaign statements. (See Regulation 18421.4 for more information.)
FAQs
A. If a city or county does not currently have contribution limits set within their ordinance would the state contribution limit be the default? Yes. The state contribution limit stated above would be the default contribution limit if the city or county ordinance is silent on whether there are contribution limits within that jurisdiction or if there is no city or county ordinance in place.

B. Is there a way for a city or county to adopt "no" contribution limits for city or county elective city and county offices?
Yes. A city or county may elect to have "no" contribution limits. To do so, it must explicitly state in the city or county ordinance that there are no limits on contributions. If it is explicit that the city or county has implemented "no" contribution limits, the state contribution limit will not apply as a default for that jurisdiction.

C. Can a city or county ordinance be less restrictive than the AB 571 limit (e.g., the city or county limit is set higher than the state limit)? Yes. A city or county can set contribution limits higher than the default state limit. www.fppc.ca.gov
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D. If a city or county imposes contribution limits, is the Commission responsible for enforcing those limits?
No. The Commission will not regulate the administration or enforcement of the penalties. Cities or counties with existing limits or that adopt their own limits are not subject to the state limit and may impose their own penalties for violations.

E. If a city or county has voluntary contribution limits, but no mandatory contribution limits will the state limit be applicable? Yes. A city or county must enact mandatory contribution limits to avoid the state limit applying to elective city and county offices.

F. Does the default contribution limit also include judicial candidates? No. Elective city and county offices do not include judicial offices.

G. If a city or county has imposed contribution limits for particular city or county offices (e.g., Board of Supervisors), do those limits also apply to other positions such as the District Attorney or would the default state limit apply if a particular position is not specifically addressed by the city or county? The default state limit would apply to other positions for which the city or county has not set contribution limits. A city or county ordinance must explicitly state the city or county contribution limits and for which elective offices those limits will apply. A city or county may adopt a general provision implementing a contribution limit for all elective city and county offices in that jurisdiction. As noted above, a city or county may also adopt an ordinance that states the city or county is adopting no contribution limits for any offices to avoid the default state limit applying.

H. Does AB 571 apply to special district or school district elections? No. AB 571 applies only to city and county elections for offices that a city or county has not implemented its own contribution limit.

I. Does AB 571 apply to the office of County Superintendent of Schools or the office of County Board of Education?
AB 571 does apply to the office of County Superintendent of Schools because it is considered a "county" office. However, the office of County Board of Education is not subject to AB 571 because it's not considered a "county" position.

J. Can candidates that are subject to the AB 571 contribution limit open an officeholder committee?
No. Officeholder committees are not permitted for candidates subject to the AB www.fppc.ca.gov
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571 contribution limit. However, a candidate may use a committee for the officeholder's future election for officeholder expenses. A candidate may also use existing funds in the election committee for current office for officeholder expenses.

K. Does the AB 571 contribution limit apply to debt retirement for the 2020 election?
No. For purposes of retiring debt, the contribution limit is the one that was applicable to that election. The Act did not impose a contribution limit on city and county candidates in 2020.

L. If a contribution was received for an election occurring after January 1, 2021, PRIOR to January 1, 2021, does this contribution count towards the new AB 571 contribution limit after January 1, 2021?
No. The Commission adopted a formal opinion on April 15, 2021 that states contributions made prior to the effective date of AB 571 are not aggregated with contributions made on or after the effective date of AB 571 for purposes of the new contribution limit. Therefore, if someone contributed up to or above the current limit to an AB 571 committee prior to January 1, 2021 the same person can give additional contributions to the same committee up to the AB 571 contribution limit on or after January 1, 2021.

M. If a contributor gave $10,000 in 2020 (prior to the AB 571 limit going into effect) to a committee for a 2022 primary election, what happens? The AB 571 contribution limit does not apply to contributions made prior to January 1, 2021 so a contribution of this amount is permissible.

N. Does the AB 571 contribution limit apply to political party committees and small contributor committees making contributions to candidates subject to the AB 571 limit?
Yes. Political parties and small contributor committees are only permitted to give contributions to candidates subject to the AB 571 in amounts up to the applicable AB 571 contribution limit for that candidate.

O. Does the AB 571 limit apply to county central committee candidates? No. AB 571 imposes a contribution limit on city and county elective offices when a local jurisdiction has not already done so. Local jurisdictions are prohibited from placing contribution limits on county central committee candidates; therefore, AB 571 is not applicable to those offices.
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P. If an election was held in November 2024, but resulted in the need for a run-off election to be held in February 2025, how would the contributions be treated under AB 571?
The run-off election is considered a new election. If a contributor gave up to $5,500 (the 2023-2024 AB 571 limit) to an AB 571 candidate for the November 2024 election, the same contributor would be permitted to contribute up to $5,900 (the 2025-2026 AB 571 limit) to the same candidate for the February 2025 run-off election.

Q. An AB 571 candidate for city council would like to send out a request for contributions to their constituents. Do they need to include anything specific in the request?
Yes. A candidate that is subject to AB 571 must have the following information in the solicitation: the name of the controlled committee soliciting contributions, and the specific office for which those contributions will be used.

R. If an AB 571 candidate is the subject of a recall, is their committee to oppose the recall subject to contribution limits?
No. There are no contribution limits for a committee controlled by a candidate that is the subject of a recall that is formed to oppose the recall.

S. An AB 571 candidate has debts for an election held after January 1, 2021, may the candidate terminate their committee?
No. If a candidate -controlled committee has outstanding debts for an election held after January 1, 2021, they may not terminate without resolving or paying off the debt. When the committee has no net debts outstanding, the committee must be terminated within 24 months after the earliest of the date the candidate is defeated, leaves office, or the term of office for which the committee was formed ends, or, for withdrawn candidates no later than 24 months after the election from which the candidate withdrew. Please see Regulation 18404.1 for more on termination requirements for committees subject to AB 571.

T. If a local jurisdiction, which is subject to AB 571, passes a local campaign contribution ordinance, are the candidates still subject to AB 571? No. They would no longer be subject to AB 571.
www.fppc.ca.gov
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Index of Regulations and Government Codes:

FPPC Regulations:
18404.1
18421.4
18421.8
18521
18521.5
18523.1
18530.2
18530.8
18531.2
18531.5
18531.61
18531.63
18531.64
18535
18536
18537.1
18545
18951
Government Code(s):
85301
85303
85304.5
85305
85306
85307
85315
85316
85317
85318
85702.5
www.fppc.ca.gov
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CITY OF
Item No. 17

AGENDA REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services
SUBJECT: 2025 Autumnfest Wrap-up Report
RECOMMENDATION:

That the City Council receive and file the wrap-up report for the 2025 Autumnfest.

BACKGROUND/DISCUSSION:

The Autumnfest tradition in the City of Yucaipa has evolved significantly since its inception. The Event has grown from a small seasonal celebration to a well -established community festival that reflects the character, values, and creativity of our City. The 2025 Autumnfest marks the event's fourteenth year and provides a valuable opportunity to reflect on its origins, its development over time, and the direction in which the festival is heading as the City continues to strive for balanced budgeting, operational efficiency, and high -quality community programming.

Autumnfest began in 2012 as "Oktoberfest," an event designed to commemorate the end of the Certified Farmers Market season. Early community feedback highlighted a desire for a more family -friendly and locally reflective event. In response, the City reimagined the festival in 2013, introducing a new name, Autumnfest, and a new theme, "A Hometown Celebration." The focus shifted to all -ages programming, community partnerships, and a welcoming environment for families.

The 2025 Autumnfest was held on Saturday, September 27, from 12:00 p.m. to 9:00 p.m. in Historic Uptown. Although condensed to a single day, the event maintained strong attendance, similar to previous years' Saturday participation, and continued to offer activities including live entertainment, a car show, a haunted house, a kids' zone, food and merchandise vendors, and a beer garden.

The 2025 event was designed with the continued cost -management focus and the goal to financially "break-even". Last year's Autumnfest was the first time the break-even goal was achieved, and staff planned this event to repeat that goal. The following actual results demonstrate that the goal was not only met, but was exceeded:
• Revenues: $64,935
• Expenditures: $38,868
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• General Fund Impact: ($26,068), a more favorable result than budgeted • In -kind support included $4,655 from Police Services and $560 from Public Works.

Because the City's chart of accounts does not allow full costing of individual events, staff attempts to quantify labor costs that are either donated or charged elsewhere in the budget through the in - kind support line. Similarly, indirect costs are not reflected in wrap-up reports. Even with these disclaimers, staff considers that financial results of Autumnfest 2025 to be a very successful.

Autumnfest's evolution over the past fourteen years reflects the power of thoughtful planning, and the City's commitment to providing accessible, enjoyable, family -centered events. The 2025 Autumnfest successfully honored tradition while demonstrating the City's ability to adapt to fiscal goals and operational needs. Staff respectfully request City Council receive and file the 2025 wrap-up report.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Attachment:

1. Budget
c
Approved by:
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ATTACHMENT 1
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2025 AUTUMNFEST BUDGET
Revenues:

Beer and Wine Sales
Car Show Registration
Fire Pits
Haunted House
Kids Zane
Sponsorships
Vendor Booths
Total Revenues
Expenditures:

Entertainment
Hospitaility
Production
Saturday Entertainment
Subtotal Entertainment
Infrastructure
Haunted House & Kids Zone
Insurance
Light towers and Forklift
Miscellaneous (supplies, radios, decor/
Power
Security
Temp. Sanitation Facilities
Marketing
Subtotal Infrastructure
Total Expenditures
Net Expense
In -Kind Support (budgeted)
Sales Tax Revenue
PW: Street Closures
Sheriff/Police
Fire
In -kind Total

BUDGETED ACTUALS
$ 5,000
1,275
1,200
5,000
5,725
15,000
16,800
$ 50,000,00
5 $ 5,649
1,410
650
16,803
10,432
9,581
20,410
$ 64,935

BUDGETED ACTUALS
500 5
7,500
6,500

36.43 7,500
5,450
$ 14,500 $
10,000 $
2,000
1,000
5,000
9,500
1,500
3,500
3,000
12,986
7,995
692
173
3,613
6,049
1,406
3,197
2,757
35,500 $
$ 50,000 $
$ $
2,500
8,000
4,000
25,881
38,868
(26,068)
(93)
560
4,655
14,500 $
5,122
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Item No. 18

AGENDA REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
FROM: Trevor Benson, Public Safety Manager
SUBJECT: Ordinance No. 474 and Urgency Ordinance No. 474U Regulating the Use of Bicycles and E-Conveyances in Public Areas
RECOMMENDATION:

That the City Council:

1. Adopt Urgency Ordinance No. 474U, an Urgency Ordinance of the City Council of the City of Yucaipa, California, adding Chapter 9.18 to Title 9 of the Yucaipa Municipal Code Regulating the Use of Bicycles and E-Conveyances in Public Areas, by at least a four -fifths vote; and

2. Approve the Introduction and First Reading of Ordinance No. 474, an Ordinance of the City Council of the City of Yucaipa, California adding Chapter 9.18 to Title 9 of the Yucaipa Municipal Code Regulating the Use of Bicycles and E-Conveyances in Public Areas; and

3. Direct the City Clerk to place Ordinance No. 474 on the consent calendar of the next regular meeting for second reading and adoption.

BACKGROUND/DISCUSSION:

The City of Yucaipa, like many cities throughout California and the country, has experienced a significant rise in the use of electric bicycles (e-bikes) and other electric conveyances (e-conveyances), such as electric scooters and skateboards on city streets, sidewalks, and other public places. While these devices provide sustainable and accessible transportation alternatives, they have also led to an increase in safety concerns -particularly around their operation in public areas where they may conflict with vehicles and pedestrians.

In recent months, community members have increasingly expressed concern regarding unsafe behaviors associated with e-conveyance use. These behaviors include riding at excessive speeds, performing stunts or wheelies in active traffic, ignoring traffic signals and signs, riding without helmets, and carrying multiple riders on a single device. These actions increase the potential for collisions and injuries and have raised significant public safety concerns. 12/08/2025 City Council Agenda
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National data reinforces these community concerns and local trends. According to the U.S. Consumer Product Safety Commission (CPSC), injuries associated with e-bikes, e-scooters, and similar devices have increased by more than 20% each year. From 2017 to 2022, the CPSC reported 233 related fatalities nationwide, underscoring the urgency for cities to adopt regulations that help mitigate risk and protect all users of public spaces. In addition to safety concerns, the City has observed damage to public property, particularly in parks and open spaces where e-conveyance users ride over grass, landscaped areas, and pedestrian paths. These activities not only pose risks to pedestrians but also increase maintenance costs and negatively impact the overall experience for other park users.

In response to these challenges, the City is exploring strategies to balance the benefits of e- conveyances with the need to ensure safety, accessibility, and the preservation of public property. The proposed ordinance is a proactive step toward addressing these issues through clear regulations, which are part of the City's comprehensive approach to enhancing safety and supporting the quality of life for all residents.

In California, e-bikes are regulated under the California Vehicle Code (CVC) as conventional bicycles and must obey most all of the same regulations as non -motorized bicycles. E-bikes are defined by the CVC as bicycles with an electric motor of less than 750 watts and fully operable pedals. There are three classes of e-bikes codified in section 312.5 of the CVC:
• Class 1: Pedal -assist only, with motor assistance up to 20 mph • Class 2: Pedal -assist and includes a throttle, with motorized assistance up to 20 mph • Class 3: Pedal -assist only, with motor assistance up to 28 mph (all operators must be at least 16 years old, must wear a safety helmet, and must not transport passengers) It is important to distinguish these devices from electric "off -highway motorcycles," which are becoming increasingly common. Despite their off -road -only classification, they are frequently mistaken for standard e-bikes, complicating enforcement and increasing risk. Electric off -highway motorcycles (e.g., Sur-ron, Talaria, E Ride Pro) are not classified as e-bikes because they do not have operable pedals and often exceed power limits outlined in the California Vehicle Code. As such, they are not street legal and may be subject to impoundment and citation if operated on any publicly -owned property, including but not limited to a public street, sidewalk, public right of way, park, bicycle path or trail, or any other public area open for vehicle or pedestrian travel. They are only permitted in areas designated for off -highway vehicle recreation or on private property with the owner's permission.

These vehicles are not eligible for highway registration and cannot be modified for on -road use unless they were originally manufactured and certified for dual-purpose operation.

The California Vehicle Code provides express authority to cities to enact ordinances regulating time, place and manner of bicycles and e-conveyances for the purpose of assuring the safety of pedestrians, including persons with disabilities and others using sidewalks, bike paths, pathways, trails, bike lanes, streets, roads, and highways. The proposed ordinance includes the following key provisions designed to enhance public safety and address concerns related to the use of bicycles and e-conveyances on public property:
• Prohibits riding a bicycle or e-conveyance in an unsafe manner on any publicly -owned property.
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• Defines "unsafe manner" to include violations of state or local traffic laws, as well as behaviors that endanger the operator, passenger, motorists, other riders, pedestrians, or public property. Examples of unsafe behavior includes as riding against traffic, disobeying signs, carrying passengers on single -rider devices, racing, performing stunts or wheelies, or operating without proper control.

Prohibits the use of handheld wireless devices while riding unless operating hands -free and voice -activated devices.

Restricts riding areas, including prohibiting use on sidewalks (with limited exceptions), parks (except on designated paths), landscaped areas, fields, and in City -owned parking lots. • Clarifies rules for off -highway electric motorcycles (e.g., Sur -Ron, Talaria), which are not street legal and are prohibited on all public property unless in a designated off -highway vehicle area
• Reinforces helmet requirements, including state -mandated helmet use for operators under 18 years old and all operators and passengers of Class 3 e-bikes, regardless of age. • Reaffirms requirements to always yield to pedestrians when emerging from an alley, driveway, bicycle path, building or otherwise approaching upon a sidewalk or sidewalk area. • Requires riders to ride in single file, and not more than two abreast except on paths or parts of a roadway set aside for the exclusive use of bicycles.
• Requires all bicycles and e-conveyances to comply with equipment standards outlined in CVC Section 21201.
• Prohibits parking bicycles and e-conveyances in a manner that obstructs pedestrian pathways or violates posted parking regulations.
• Outlines enforcement protocols, including penalties and fines, and allows for the impoundment of devices operated by minors in a dangerous manner. • Holds parents or guardians accountable for violations committed by minors, including potential civil liability for property damage.

These provisions aim to promote responsible use, enhance public safety, reduce property damage, and preserve equitable access to public spaces for all community members.

The proposed ordinance is part of a broader, proactive strategy that includes infrastructure improvements to ensure all users can safely share public spaces. The City has made substantial and ongoing investments in its bicycle and pedestrian infrastructure to support safe riding and encourage active transportation. In recent years, the City has completed several key projects, including protected bike lanes, shared -use trails, and an off -road cycle track to expand its network of safe paths for cyclists and pedestrians.

Overall, the proposed ordinance is part of a comprehensive strategy to promote the safe shared use of public areas. It is aligned with a broader vision that seeks not only to regulate and enforce, but also to educate and empower residents to travel safely. Enforcement will be paired with education and awareness campaigns to help both riders and drivers better understand the rules and responsibilities of operating bicycles and e-conveyances within the community. These combined efforts address safety concerns through effective regulation while fostering a safe and active transportation environment for all.
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Staff has also provided an urgency version of the Ordinance that could go into effect immediately if approved by at least a four -fifths vote.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Attachment(s):

1. Urgency Ordinance No. 474U

2. Ordinance No. 474
Approved by:
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ATTACHMENT 1
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ORDINANCE NO. 474U

AN URGENCY ORDINANCE OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING CHAPTER 9.18 TO TITLE 9 OF THE YUCAIPA MUNICIPAL CODE REGULATING

THE USE OF BICYCLES AND E-CONVEYANCES IN PUBLIC AREAS
WHEREAS, the City of Yucaipa ("City") is committed to ensuring the public health, safety, and welfare of all its residents and visitors; and
WHEREAS, the City recognizes the importance of fostering sustainable transportation options while maintaining public safety and accessibility for all users of public spaces; and WHEREAS, bicycles and e-conveyances (electric bicycles, scooters, and similar devices) have become increasingly popular modes of transportation and recreation within the City; and WHEREAS, the use of bicycles and e-conveyances in public spaces presents both benefits and challenges, including safety concerns for riders, pedestrians, and motorists; and WHEREAS, the City has observed a significant increase in traffic incidents involving e-conveyance users and motor vehicles with their increasing popularity, often due to higher speeds and unsafe riding practices; and
WHEREAS, the public has expressed concerns regarding the unsafe operation of e-conveyances, including reckless riding behaviors that pose risks to riders, pedestrians, drivers, and others in public spaces; and
WHEREAS, the City aims to promote the safe use of bicycles and e-conveyances by implementing regulations that align with state law and best practices in transportation safety; and WHEREAS, the City is committed to educating its residents and visitors on the safe operation of bicycles and e-conveyances to prevent accidents and other traffic hazards and promote responsible use of these transportation modes; and
WHEREAS, the City recognizes that providing clear guidelines for the operation of bicycles and e-conveyances in public spaces will improve the quality of life for all residents and visitors.

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

Section 1. Municipal Code Amendment.

Chapter 9.18, "Regulating the use of Bicycles and E-Conveyances," is hereby added to Title 9 of the Yucaipa Municipal Code to read as follows:
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Chapter 9.18
Regulating the use of Bicycles and E-Conveyances

9.18.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section:
"Bicycle" has the same meaning as defined in California Vehicle Code Section 231, as it may be amended from time to time.
"Bicycle Lane" has the same meaning as defined in Street and Highways Code Section 890.4, as it may be amended from time to time.
"Bicycle Path or Bicycle Trail" has the same meaning as defined in Street and Highways Code Section 890.4 and California Vehicle Code Section 231.5, as the provisions may be amended from time to time.
"City" means the City of Yucaipa.
"E-Conveyance" means any electric bicycle or e-bike, electric scooter, electrically motorized skateboard, or other device that is designed to convey one or more people and is capable of being powered by human propulsion or electric motor propulsion. "Electric Bicycle" or "E-Bike" has the same meaning as defined in California Vehicle Code Section 312.5, as it may be amended from time to time, and which, as of the date of the adoption of this section, provides that an "electric bicycle" is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts, and are categorized under Class 1, Class 2, and Class 3.
"Electrically Motorized Skateboard" has the same meaning as defined in the California Vehicle Code Section 313.5, as it may be amended from time to time. "Electric Personal Assistive Mobility Device" has the same meaning as defined in California Vehicle Code Section 313, as it may be amended from time to time. "Minor" means any person under the age of eighteen.
"Narrow Width Lane" means a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
"Off -Highway Motorcycle" has the same meaning as defined in California Vehicle Code Section 436, as it may be amended from time to time.
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"Pedestrian" has the same meaning as defined in California Vehicle Code Section 467, as it may be amended from time to time.
"Public area" means any outdoor area, public alley, parkway, public transportation path, roadway, right-of-way, sidewalk, park, trail, paseo, pathway or street that is owned, granted by easement, operated or controlled by the City.
"Unsafe manner" is defined as an act in violation of the City Municipal Code, California Vehicle Code, or any other applicable state or federal law. For purposes of this section, operation of a bicycle or e-conveyance in an "unsafe manner" also includes operating in such a way that constitutes a danger to the operator, passenger, other motorist, other rider, pedestrian, or property. "Vehicle" has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time.

9.18.020 Operation.

A. No person shall ride a bicycle or e-conveyance in an unsafe manner, as defined under Section 9.18.010, on any publicly owned property, including but not limited to a public street, sidewalk, public right of way, park, bicycle path, trail, or lane, or any other public area open for vehicle or pedestrian travel. Examples of riding in an unsafe manner include, but are not limited to, the following actions:

1. Riding on a public street or bikeway against the flow of traffic.

2. Not yielding to vehicles or pedestrians when required.

3. Operating an e-conveyance in a manner it was not designed for, including carrying passengers when not designed for carrying passengers.

4. Failing to obey posted traffic or other signs.

5. A person under the age of 18 riding without a properly fitted and fastened helmet.

6. Engaging in racing, speed, or stunt contests.

7. Carrying any package, bundle, item or article which prohibits the operator from having full control and forward visibility at all times.

8. Operating a bicycle or e-conveyance at a speed greater than is reasonable and prudent under the conditions then existing taking into account the weather, pedestrian and vehicular traffic, and the surface and width of the sidewalk or roadway.

9. Performing any acrobatics, tricks, wheelies, or stunts when pedestrians or moving vehicles are present.

B. Persons riding or operating bicycles or electric bicycles shall not ride more than two abreast, except on paths or parts of a roadway set aside for the exclusive use of bicycles.

C. Any person operating a bicycle or e-conveyance who is emerging from an alley, driveway, bicycle path, building or otherwise approaching upon a sidewalk or sidewalk area, shall 3 12/08/2025 City Council Agenda
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yield the right-of-way to all pedestrians on such sidewalk or sidewalk area, and upon entering a bicycle lane, highway, or street shall yield the right-of-way to all vehicles, bicycles, or e-conveyances on the roadway.

D. No person shall operate a bicycle or e-conveyance in any City park, except on trails that are approved for bicycle or e-conveyance use. The operation of bicycles or e-conveyances is strictly prohibited on dirt, grass, athletic fields, landscaped areas, or any other non - approved surfaces within any City park.

E. No person shall operate a bicycle or e-conveyance while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice -operated and hands -free operation, and it is used in that manner while riding.

F. No person shall operate a bicycle or electric bicycle on any sidewalk, except:

1. A person may ride a bicycle or electric bicycle on any area designated as a driveway;

2. Any area designated as a bikeway by the City Council; or

3. To avoid a dangerous situation on the road or an obstacle.

9.18.030 Electric Off -Highway Motorcycles.

A. No person shall operate an electric off -highway motorcycle of any model (e.g., Sur -Ron, Talaria, E Ride Pro) on any publicly -owned property, including but not limited to, a public street, sidewalk, public right of way, park, bicycle path or trail, or any other public area open for vehicle or pedestrian travel.

B. Electric off -highway motorcycles are only allowed to be operated in areas specifically designated for off -highway vehicle recreation, or on private property with the express permission of the property owner. Unlike electric bicycles or mopeds, such vehicles are not eligible for highway registration and cannot be retrofitted for on -road use unless originally manufactured and certified for dual-purpose operation.

9.18.040 Equipment.

A. Every bicycle, including electric bicycles, when operated within the City, shall comply with all of the equipment requirements contained in California Vehicle Code Section 21201 or successor statute.

B. Any minor operating or riding as a passenger upon a bicycle or e-conveyance in a public area or any other place open to the public for vehicle and pedestrian travel must wear a properly fitted and fastened bicycle helmet.
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C. Any operator or passenger of a Class 3 electric bicycle, regardless of age, must wear a properly fitted and fastened bicycle helmet pursuant to California Vehicle Code Section 21213.

9.18.050 Parking.

No person shall temporarily leave unaccompanied, abandon, or park a bicycle or e-conveyance in a manner that obstructs vehicular traffic, the pedestrian travel way of any sidewalk or pedestrian path. No person may leave unaccompanied, abandon, or park a bicycle or e-conveyance on public property in violation of any law, ordinance, or government sign prohibiting the parking of bicycles or e- conveyances at such location.

9.18.060 Enforcement.

A. Any person, including a minor, who violates the provisions of this Chapter shall be subject to penalties, fines, and enforcement procedures set forth in this code including, but not limited to, Chapter 1.12 of the Yucaipa Municipal Code.

B. Violations by Minors

1. The parent of any child, and the guardian of any ward, shall not authorize or knowingly permit any minor child or ward to violate any of the provisions of this Chapter.

2. In the case of a minor committing a violation under this Chapter, the parent or guardian may be held responsible for the violation and any associated penalties or fines.

3. If the minor's activities result in damage to public property, the City may, pursuant to California Civil Code Section 1714.1, pursue a civil complaint against the minor's parent(s) or guardian(s) having custody and control of the minor for every tort resulting in property damage.

C. Impoundment

1. In addition to all other available penalties, the Enforcement Officer shall have the authority to take immediate possession of and transport a bicycle or e-conveyance for safekeeping to the nearest City facility or City -contracted tow yard if an unaccompanied minor is found in violation of any provisions of this Chapter, and the unsafe manner in which the device was operated constitutes an immediate danger to the health and safety of the juvenile operator or to members of the public, thus constituting an exigent circumstance.

2. The impounded device shall be released by the City to the parent or legal guardian of the minor if the individual owns the device.

3. Upon impoundment of any e-conveyance device under this Chapter, the minor shall be issued a receipt. Said receipt shall state the days, business hours, location, and process by which the owner may claim the impounded device within 30 days. The citation receipt shall also explain that unclaimed devices impounded for longer than 5 12/08/2025 City Council Agenda
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30 days will be disposed of subject to an opportunity for a pre -disposal hearing pursuant to Section 1.04.130 of this code or sold at an auction in accordance with laws governing the disposal of abandoned property.

9.16.070 Exemptions.

A. First responders, as defined under California Government Code Section 8562, are exempt from this Chapter while in the performance of their duties.

B. This Chapter is not intended to apply to or otherwise restrict electric personal assistive mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) and section 36.311 of Title 28 of the Code of Federal Regulations."
Section 2. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Yucaipa hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Section 3. CEQA
The City Council finds that the adoption of this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15060(c)(2) because there is no potential that the regulations for bicycles and e- conveyances will result in a direct or reasonably foreseeable indirect physical change in the environment. In addition, this Ordinance is not subject to CEQA under the CEQA Guidelines Section 15060(c)(3) because the Ordinance is an activity that is not a project as defined in CEQA Guidelines Section 15378.

Section 4. 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.

Section 5. Urgency Findings; Immediate Effect.

The City Council of the City of Yucaipa finds and declares that this Ordinance is adopted as an urgency ordinance pursuant to Government Code section 36937(b) and is necessary for the immediate preservation of the public peace, health, and safety. The facts constituting the urgency are as follows:

The City has experienced a substantial increase in the use of bicycles and e-conveyances, including electric bicycles, scooters, and similar devices, in and around public streets, sidewalks, parks, trails, and other public areas. This increase has been accompanied by observed unsafe behaviors and riding practices, including excessive speeds, riding against the flow of traffic, performing stunts and "wheelies" in active travel lanes and parking lots, operating without helmets, carrying 6 12/08/2025 City Council Agenda
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multiple riders on devices designed for a single rider, and riding through parks, landscaped areas, and pedestrian paths in a manner that endangers pedestrians and other users of public spaces and causes damage to public property. These activities present an immediate threat to the safety of riders, pedestrians, motorists, and other members of the public and create ongoing risks of collisions, injuries, and property damage.

In addition, the growing prevalence of high-powered electric off -highway motorcycles that resemble e-bikes, but are not street -legal and are not eligible for highway registration, has created confusion for users and enforcement personnel regarding where such devices may lawfully be operated, further increasing the risk of unsafe operation on City streets, sidewalks, parks, and other public areas.

Existing provisions of the Yucaipa Municipal Code do not expressly and comprehensively regulate the time, place, and manner of operation of bicycles, e-conveyances, and electric off -highway motorcycles in public areas, nor do they clearly authorize appropriate enforcement tools, including impoundment of devices operated by minors in a dangerous manner. The absence of clear local regulations and enforcement mechanisms has hindered the City's ability to promptly and effectively address unsafe conduct and protect the public.

Immediate adoption of this Ordinance will establish clear operating rules, prohibit unsafe conduct, clarify restrictions on electric off -highway motorcycles, provide for enforcement and impoundment authority, and thereby reduce the risk of accidents, injuries, and property damage in public areas. Delay in the effectiveness of these regulations would leave the public exposed to continued unsafe operation of bicycles, e-conveyances, and electric off -highway motorcycles without adequate local controls.

For these reasons, the City Council finds that the immediate effectiveness of this Ordinance is necessary to protect the public peace, health, and safety, and therefore this Ordinance shall take effect immediately upon its adoption by at least a four -fifths (4/5) vote of the City Council, as provided in Government Code section 36937(b).

PASSED, APPROVED and ADOPTED this 8th day of December, 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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ATTACHMENT 2
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ORDINANCE NO. 474

AN ORDINANCE OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING CHAPTER

9.18 TO TITLE 9 OF THE YUCAIPA MUNICIPAL CODE REGULATING THE USE OF

BICYCLES AND E-CONVEYANCES IN PUBLIC AREAS
WHEREAS, the City of Yucaipa ("City") is committed to ensuring the public health, safety, and welfare of all its residents and visitors; and
WHEREAS, the City recognizes the importance of fostering sustainable transportation options while maintaining public safety and accessibility for all users of public spaces; and WHEREAS, bicycles and e-conveyances (electric bicycles, scooters, and similar devices) have become increasingly popular modes of transportation and recreation within the City; and WHEREAS, the use of bicycles and e-conveyances in public spaces presents both benefits and challenges, including safety concerns for riders, pedestrians, and motorists; and WHEREAS, the City has observed a significant increase in traffic incidents involving e-conveyance users and motor vehicles with their increasing popularity, often due to higher speeds and unsafe riding practices; and
WHEREAS, the public has expressed concerns regarding the unsafe operation of e-conveyances, including reckless riding behaviors that pose risks to riders, pedestrians, drivers, and others in public spaces; and
WHEREAS, the City aims to promote the safe use of bicycles and e-conveyances by implementing regulations that align with state law and best practices in transportation safety; and WHEREAS, the City is committed to educating its residents and visitors on the safe operation of bicycles and e-conveyances to prevent accidents and other traffic hazards and promote responsible use of these transportation modes; and
WHEREAS, the City recognizes that providing clear guidelines for the operation of bicycles and e-conveyances in public spaces will improve the quality of life for all residents and visitors.

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

Section 1. Municipal Code Amendment.

Chapter 9.18, "Regulating the use of Bicycles and E-Conveyances," is hereby added to Title 9 of the Yucaipa Municipal Code to read as follows:
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Chapter 9.18 Regulating the use of Bicycles and E-Conveyances

9.18.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section:
"Bicycle" has the same meaning as defined in California Vehicle Code Section 231, as it may be amended from time to time.
"Bicycle Lane" has the same meaning as defined in Street and Highways Code Section 890.4, as it may be amended from time to time.
"Bicycle Path or Bicycle Trail" has the same meaning as defined in Street and Highways Code Section 890.4 and California Vehicle Code Section 231.5, as the provisions may be amended from time to time.
"City" means the City of Yucaipa.
"E-Conveyance" means any electric bicycle or e-bike, electric scooter, electrically motorized skateboard, or other device that is designed to convey one or more people and is capable of being powered by human propulsion or electric motor propulsion. "Electric Bicycle" or "E-Bike" has the same meaning as defined in California Vehicle Code Section 312.5, as it may be amended from time to time, and which, as of the date of the adoption of this section, provides that an "electric bicycle" is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts, and are categorized under Class 1, Class 2, and Class 3.
"Electrically Motorized Skateboard" has the same meaning as defined in the California Vehicle Code Section 313.5, as it may be amended from time to time. "Electric Personal Assistive Mobility Device" has the same meaning as defined in California Vehicle Code Section 313, as it may be amended from time to time. "Minor" means any person under the age of eighteen.
"Narrow Width Lane" means a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
"Off -Highway Motorcycle" has the same meaning as defined in California Vehicle Code Section 436, as it may be amended from time to time.
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"Pedestrian" has the same meaning as defined in California Vehicle Code Section 467, as it may be amended from time to time.
"Public area" means any outdoor area, public alley, parkway, public transportation path, roadway, right-of-way, sidewalk, park, trail, paseo, pathway or street that is owned, granted by easement, operated or controlled by the City.
"Unsafe manner" is defined as an act in violation of the City Municipal Code, California Vehicle Code, or any other applicable state or federal law. For purposes of this section, operation of a bicycle or e-conveyance in an "unsafe manner" also includes operating in such a way that constitutes a danger to the operator, passenger, other motorist, other rider, pedestrian, or property. "Vehicle" has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time.

9.18.020 Operation.

A. No person shall ride a bicycle or e-conveyance in an unsafe manner, as defined under Section 9.18.010, on any publicly owned property, including but not limited to a public street, sidewalk, public right of way, park, bicycle path, trail, or lane, or any other public area open for vehicle or pedestrian travel. Examples of riding in an unsafe manner include, but are not limited to, the following actions:

1. Riding on a public street or bikeway against the flow of traffic.

2. Not yielding to vehicles or pedestrians when required.

3. Operating an e-conveyance in a manner it was not designed for, including carrying passengers when not designed for carrying passengers.

4. Failing to obey posted traffic or other signs.

5. A person under the age of 18 riding without a properly fitted and fastened helmet.

6. Engaging in racing, speed, or stunt contests.

7. Carrying any package, bundle, item or article which prohibits the operator from having full control and forward visibility at all times.

8. Operating a bicycle or e-conveyance at a speed greater than is reasonable and prudent under the conditions then existing taking into account the weather, pedestrian and vehicular traffic, and the surface and width of the sidewalk or roadway.

9. Performing any acrobatics, tricks, wheelies, or stunts when pedestrians or moving vehicles are present.

B. Persons riding or operating bicycles or electric bicycles shall not ride more than two abreast, except on paths or parts of a roadway set aside for the exclusive use of bicycles.

C. Any person operating a bicycle or e-conveyance who is emerging from an alley, driveway, bicycle path, building or otherwise approaching upon a sidewalk or sidewalk area, shall 3 12/08/2025 City Council Agenda
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yield the right-of-way to all pedestrians on such sidewalk or sidewalk area, and upon entering a bicycle lane, highway, or street shall yield the right-of-way to all vehicles, bicycles, or e-conveyances on the roadway.

D. No person shall operate a bicycle or e-conveyance in any City park, except on trails that are approved for bicycle or e-conveyance use. The operation of bicycles or e-conveyances is strictly prohibited on dirt, grass, athletic fields, landscaped areas, or any other non - approved surfaces within any City park.

E. No person shall operate a bicycle or e-conveyance while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice -operated and hands -free operation, and it is used in that manner while riding.

F. No person shall operate a bicycle or electric bicycle on any sidewalk, except:

1. A person may ride a bicycle or electric bicycle on any area designated as a driveway;

2. Any area designated as a bikeway by the City Council; or

3. To avoid a dangerous situation on the road or an obstacle.

9.18.030 Electric Off -Highway Motorcycles.

A. No person shall operate an electric off -highway motorcycle of any model (e.g., Sur -Ron, Talaria, E Ride Pro) on any publicly -owned property, including but not limited to, a public street, sidewalk, public right of way, park, bicycle path or trail, or any other public area open for vehicle or pedestrian travel.

B. Electric off -highway motorcycles are only allowed to be operated in areas specifically designated for off -highway vehicle recreation, or on private property with the express permission of the property owner. Unlike electric bicycles or mopeds, such vehicles are not eligible for highway registration and cannot be retrofitted for on -road use unless originally manufactured and certified for dual-purpose operation.

9.18.040 Equipment.

A. Every bicycle, including electric bicycles, when operated within the City, shall comply with all of the equipment requirements contained in California Vehicle Code Section 21201 or successor statute.

B. Any minor operating or riding as a passenger upon a bicycle or e-conveyance in a public area or any other place open to the public for vehicle and pedestrian travel must wear a properly fitted and fastened bicycle helmet.
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C. Any operator or passenger of a Class 3 electric bicycle, regardless of age, must wear a properly fitted and fastened bicycle helmet pursuant to California Vehicle Code Section 21213.

9.18.050 Parking.

No person shall temporarily leave unaccompanied, abandon, or park a bicycle or e-conveyance in a manner that obstructs vehicular traffic, the pedestrian travel way of any sidewalk or pedestrian path. No person may leave unaccompanied, abandon, or park a bicycle or e-conveyance on public property in violation of any law, ordinance, or government sign prohibiting the parking of bicycles or e- conveyances at such location.

9.18.060 Enforcement.

A. Any person, including a minor, who violates the provisions of this Chapter shall be subject to penalties, fines, and enforcement procedures set forth in this code including, but not limited to, Chapter 1.12 of the Yucaipa Municipal Code.

B. Violations by Minors

1. The parent of any child, and the guardian of any ward, shall not authorize or knowingly permit any minor child or ward to violate any of the provisions of this Chapter.

2. In the case of a minor committing a violation under this Chapter, the parent or guardian may be held responsible for the violation and any associated penalties or fines.

3. If the minor's activities result in damage to public property, the City may, pursuant to California Civil Code Section 1714.1, pursue a civil complaint against the minor's parent(s) or guardian(s) having custody and control of the minor for every tort resulting in property damage.

C. Impoundment

1. In addition to all other available penalties, the Enforcement Officer shall have the authority to take immediate possession of and transport a bicycle or e-conveyance for safekeeping to the nearest City facility or City -contracted tow yard if an unaccompanied minor is found in violation of any provisions of this Chapter, and the unsafe manner in which the device was operated constitutes an immediate danger to the health and safety of the juvenile operator or to members of the public, thus constituting an exigent circumstance.

2. The impounded device shall be released by the City to the parent or legal guardian of the minor if the individual owns the device.

3. Upon impoundment of any e-conveyance device under this Chapter, the minor shall be issued a receipt. Said receipt shall state the days, business hours, location, and process by which the owner may claim the impounded device within 30 days. The citation receipt shall also explain that unclaimed devices impounded for longer than 5 12/08/2025 City Council Agenda
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30 days will be disposed of subject to an opportunity for a pre -disposal hearing pursuant to Section 1.04.130 of this code or sold at an auction in accordance with laws governing the disposal of abandoned property.

9.18.70.1 Exemptions.

A. First responders, as defined under California Government Code Section 8562, are exempt from this Chapter while in the performance of their duties.

B. This Chapter is not intended to apply to or otherwise restrict electric personal assistive mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) and section 36.311 of Title 28 of the Code of Federal Regulations."
Section 2. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Yucaipa hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Section 3. CEQA
The City Council finds that the adoption of this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15060(c)(2) because there is no potential that the regulations for bicycles and e- conveyances will result in a direct or reasonably foreseeable indirect physical change in the environment. In addition, this Ordinance is not subject to CEQA under the CEQA Guidelines Section 15060(c)(3) because the Ordinance is an activity that is not a project as defined in CEQA Guidelines Section 15378.

Section 4. Publication and Posting.

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

PASSED, APPROVED and ADOPTED this day of , 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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Item No. 19

AGENDA REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 41/5' SUBJECT: 2026 Regional Committee Assignments
RECOMMENDATION:

That the City Council:

1. Review and appoint Councilmembers to the various regional committees; and

2. Direct the City Clerk to notify respective agencies of any changes and post the FPPC Form 806 to the City's website.

BACKGROUND/DISCUSSION:

Every year, the City Council reviews its representatives and alternates to the various regional committees to determine if any changes or additions are appropriate. Attached is the list of committees that City Councilmembers currently represent on behalf of the City.

The City Clerk's Department has posted a Form 806, so action may be taken by the City Council.

Following the City Council's selection of representatives, the City Clerk will notify the various agencies of any changes.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Attachment(s):

1. 2025 Committee Roster
Approved by:
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ATTACHMENT 1
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2025 Regional
Crafton Hills Open Space Conservancy Stipend
Committee Assignments
Meeting Date
Time
Place
Member
Alternate
None
Justin Beaver
Chris Venable
2nd Tuesday
of the month
(Sept -Jun)
6:00 p.m.

CRAFTON HILLS COLLEGE -
PUBLIC SAFETY BUILDING ROOM 227

OMNITRANS
Stipend
Member
Alternate
Meeting Date
Time
Place
$150
Judy A. Woolsey
Justin Beaver
1st Wednesday
of the month
8:00 a.m.

ADMINISTRATIVE OFFICES
1700 W. 5th Street, San Bernardino
San Bernardino County Transportation Authority
(SBCTA)
Stipend
Member
Alternate
Meeting Date
Time
Place
$200
Judy A. Woolsey
Chris Venable
1st Wednesday
of the month
10:00 a.m.

SBCTA 1ST FLOOR LOBBY BOARDROOM
1170 West 3rd Street, San Bernardino
San Bernardino County Transportation Authority
(SBCTA)
Stipend
Member
Alternate
Meeting Date
Time
Place
Metro Valley Study Session (MVSS)
$100
Judy A. Woolsey
Chris Venable
2nd Thursday
following the SBCTA
Board Meeting
9:30 a.m.

SBCTA 1ST FLOOR LOBBY BOARDROOM
1170 West 3rd Street, San Bernardino
Solid Waste Advisory Task Force
Stipend
Member
Altemate
Meeting Date
Time
Place
None
Bob Miller
Ana V. Sauseda
Twice a Year
1:30 p.m.

SAM J. RACADIO LIBRARY &

ENVIRONMENTAL LEARNING CENTER

COMMUNITY ROOM
7863 Central Ave. Highland
Sothern California Association of Governments (SCAG)
Stipend
Member
Meeting Date
Time
Place
Community, Economic & Human Development Committee
$150
Judy A. Woolsey
1st Thursday of the
month
10:00 a.m.

VIRTUAL PARTICIPATION FROM

YUCAIPA CITY HALL

CONFERENCE ROOM B
34272 Yucaipa Blvd.
12/08/2025 City Council Agenda
Last Upfa fd on 12/10/2024

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