CITY OF
City Council
Meeting Agenda
January 10, 2022 — 6:00 PM
City Council Chambers - Yucaipa City Hall
34272 Yucaipa Blvd., Yucaipa, California
THE CITY OF YUCAIPA COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING (PURSUANT TO 28 CFR 35.102.35.104 ADA TITLE II), PLEASE CALL THE CITY CLERK'S DEPARTMENT AT (909) 797-2489 AT LEAST 48-HOURS PRIOR TO THE MEETING.
ANY PUBLIC WRITINGS DISTRIBUTED BY THE CITY TO AT LEAST A MAJORITY
OF THE COUNCILMEMBERS REGARDING ANY ITEM ON THIS REGULAR
MEETING AGENDA WILL BE MADE AVAILABLE AT THE PUBLIC RECEPTION COUNTER AT CITY HALL, LOCATED AT 34272 YUCAIPA BOULEVARD, DURING NORMAL BUSINESS HOURS.
IF YOU WISH TO ADDRESS THE COUNCIL DURING THE MEETING, PLEASE
COMPLETE A SPEAKER'S FORM AND RETURN IT TO THE CITY CLERK PRIOR TO THE BEGINNING OF THE MEETING. THERE IS A THREE -MINUTE TIME LIMIT FOR SPEAKING.
PUBLIC COMMENT VIA MAIL OR EMAIL must be submitted no later than three (3) business hours prior to the meeting at which the commenter seeks to provide comment. Public comment may be submitted via U.S. Mail to the City Clerk at 34272 Yucaipa Blvd., Yucaipa, CA 92399 or via email to [email protected]. All mail and email correspondence will be archived, distributed to City Council, and retained as part of the public record; however, submissions will not be read out loud during the meeting.
The subject line should specify "Public Comment" and include the date of the meeting.
WRITTEN PUBLIC COMMENT SUBMITTED ON NON -AGENDA ITEMS AND ON SPECIFIC AGENDA ITEMS will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City's website at https://Mcaipa.org/agendas-minutes/ . Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.
LIVE AUDIO STREAM/RECORDING OF CITY COUNCIL MEETINGS. Members of the public may listen to city council meetings live at: https://yucail2a.or /lg ive.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
City Council Agenda Page 1
20220110
ROLL CALL
SPECIAL PRESENTATION
Approval and Presentation of Search and Rescue Recognition
PUBLIC COMMENT
CONSENT AGENDA
(ITEM NOS. 1 THROUGH 5)
The following Consent Agenda items are expected to be routine and non -controversial.
Council will act upon them, at one time, without discussion. Any Councilmember or staff member may request removal of an item from the Consent Agenda for discussion.
The title is deemed to be read and further reading waived on any ordinance listed on the Consent Agenda for second reading and adoption.
P. 6 1. SUBJECT: APPROVE COUNCIL MINUTES OF DECEMBER 13, 2021 RECOMMENDATION: That City Council approve City Council Minutes of December 13, 2021.
P. 17 2. SUBJECT: APPROVE SPECIAL MEETING COUNCIL MINUTES OF DECEMBER 15, 2021
RECOMMENDATION: That City Council approve Special Meeting City Council Minutes of December 15, 2021.
P. 20 3. SUBJECT: FIRST READING OF ORDINANCE NO. 403 REGARDING ADDING
MANDATORY ORGANIC WASTE DISPOSAL REDUCTION REQUIREMENTS TO
THE YUCAIPA MUNICIPAL CODE
RECOMMENDATION: That City Council waive further reading and adopt Ordinance No 403, adding Chapter 8.29 (Mandatory Organic Waste Disposal Reduction) to Title 8 (Health and Safety) of the Yucaipa Municipal Code and making a determination of exemption under CEQA.
P.47 4. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO
THE ELDORADO FIRE
RECOMMENDATION: That City Council review the need to continue the local emergencies, thereby recognizing the continued existence of perilous conditions as a result of the El Dorado Fire, and direct staff as deemed appropriate.
City Council Agenda Page 2
20220110
P. 49 5. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE COVID-19 PANDEMIC
RECOMMENDATION: That City Council review the need to continue the local emergency, thereby recognizing the continued existence of perilous conditions as a result of the COVID-19 pandemic and direct staff as deemed appropriate.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTSI
P. 52 6. SUBJECT: APPOINTMENT TO THE TRAILS AND OPEN SPACE COMMITTEE RECOMMENDATION: That Mayor Pro Tem Beaver appoint one (1) member to the Trails and Open Space Committee.
POSSIBLE ACTION ON PENDING LEGISLATION
DEPARTMENT REPORTS
P.57 7. SUBJECT: YOUTH SOCCER ORGANIZATION, SPARTANS F.C., YUCAIPA
VALLEY AMERICAN LITTLE LEAGUE, YUCAIPA-CALIMESA AMATEUR SOFTBALL ASSOCIATION, YUCAIPA YOUTH BASKETBALL, INC., YUCAIPA JUNIOR ALL AMERICAN FOOTBALL AND CHEER, INC., YUCAIPA SWIM TEAM,
AND SAND CANYON WATER POLO CLUB
RECOMMENDATION: That the City Council:
1. Approve and authorize the City Manager to execute Facility Use Agreements between the City of Yucaipa and Yucaipa Valley Youth Soccer Organization, Spartans F.C., Yucaipa Valley American Little League, Yucaipa-Calimesa Amateur Softball Association, Yucaipa Youth Basketball, Inc., Yucaipa Junior All American Football and Cheer, Inc., Yucaipa Swim Team, and Sand Canyon Water Polo Club (Organizations), for use of facilities; and
2. Authorize the City Manager or his designee to administer the terms of the Agreements.
P. 59 8. SUBJECT: FIVE WINDS RANCH — KICK THE DUST UP FEST RECOMMENDATION: That City Council:
1. Waive the provisions of Yucaipa Municipal Code Section 12.06.030(A) and (D) regarding overnight camping for the duration of the event; and
2. Find that the public interest will not be best served by a formal proposal process, waive the formal solicitation of proposals/qualifications in accordance with the City of Yucaipa Municipal Code Section 2.24.060 and Ordinance No. 42; and
3. Award and authorize the City Manager to execute and administer the terms of the contract and purchase order with Harbour Productions for entertainment and production in the not to exceed amount of $150,000 for the Kick the Dust Up Fest; and
City Council Agenda Page 3
20220110
4. Authorize the City Manager to execute a contract with Jake's Bistro and Brew for beer garden services for the Kick the Dust Up Fest.
P. 70 9. SUBJECT: RESOLUTION NO. 2022-03 - YUCAIPA SUBBASIN GROUNDWATER
SUSTAINABILITY PLAN
RECOMMENDATION: That City Council adopt Resolution No. 2022-03 authorizing the adoption of the Yucaipa Subbasin Groundwater Sustainability Plan and direct the Yucaipa Groundwater Sustainability Agency to file the YSGSP with the California Department of Water Resources no later than January 31, 2022.
P. 80 10. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE DECEMBER 2021 STORM EVENT
RECOMMENDATION: That City Council review the need to continue the local emergency, thereby recognizing the continued existence of perilous conditions as a result of the December 2021 Storm Event, and direct staff as deemed appropriate.
P.81 11. SUBJECT: RIGHT-OF-WAY ACQUISITION, AVENUE E INTERSECTIONS IMPROVEMENT PROJECT, PHASE II, PROJECT NO. 10788
RECOMMENDATION: That City Council:
1. Approve a Purchase and Sale Agreement with Delbert Kerber and Debora Cervantes, (APN 0318-143-12) for the acquisition of a 15,000 square foot property (full property acquisition) for partial right of way purposes and the construction of the Avenue E Intersections Improvement Project for an amount not to exceed $436,024; and
2. Approve an expenditure up to the amount of $6,000 for closing costs associated with the proposed purchase and sale agreement, the amount of $4,600 for coordination/staff time, and up to $22,500 for Relocation Expenses, for a total cost in the amount of $469,124 for the acquisition of the property; and
3. Authorize the City Manager, or his designee, to execute the necessary documents to complete the acquisition process.
PUBLIC HEARINGS
The order of Business for the Public Hearing Shall Be:
A. Open Public Hearing
B. Staff Presentation
C. Applicant/Representative Presentation (if necessary) D. Public Comments
E. Applicant Rebuttal (if necessary)
F. Public Hearing Closed
G. Council Discussion
H. Council Motion and Vote
City Council Agenda Page 4
20220110
SPEAKERS ARE ENCOURAGED TO BE BRIEF AND REMAIN WITHIN THE ESTABLISHED TIMEFRAME OF THREE (3) MINUTES. ONCE THE PUBLIC HEARING HAS BEEN CLOSED, NO FURTHER TESTIMONY WILL BE TAKEN.
P. 118 12. SUBJECT: RESOLUTION ORDERING VACATION OF A PORTION OF PUBLIC
RIGHT OF WAY LOCATED AT THE NORTHEAST CORNER OF COUNTY LINE ROAD AND 5TH STREET
RECOMMENDATION: That City Council:
1. Conduct a public hearing and subsequently adopt the findings of fact, as set forth in the Staff Report as to why a portion of County Line Road and 5th Street is no longer necessary for public street purposes; and
2. Adopt Resolution number 2022-01 approving the vacation of portion of public right of way located at the northeast corner of County Line Road and 5th Street.
P.122 13. SUBJECT: RESOLUTION ORDERING VACATION OF A PORTION OF A DRAINAGE EASEMENT WITHIN APN 1242-541-15
RECOMMENDATION: That City Council:
1. Conduct a public hearing and subsequently adopt the findings of fact, as set forth in the Staff Report as to why a portion of a public drainage easement located within APN 1242-541-15 is no longer necessary for drainage purposes; and
2. Adopt Resolution number 2022-02 approving the vacation of portion of a public drainage easement located within APN 1242-541-15
ANNOUNCEMENTS
CLOSED SESSION
Conference with Legal Counsel — Anticipated Litigation [Gov't Code §54956.9(d)(4)] 1 item
ADJOURNMENT
City Council Agenda Page 5
20220110