Agenda Item No
City of Yucaipa
City Council Minutes
Regular Meeting of December 13, 2021
A Regular meeting of the City Council of the City of Yucaipa, California was called to order in the Council Chambers, 34272 Yucaipa Boulevard, Yucaipa, California, on December 13, 2021 at 6:00 PM.
PRESENT: Greg Bogh, Mayor
Bobby Duncan, Mayor Pro Tem
David Avila, Councilmember
Justin Beaver, Councilmember
Jon Thorp, Councilmember
Ray Casey, City Manager
Jennifer Crawford, Assistant City Manager/City Clerk
David Snow, City Attorney
ABSENT: None
CONVENE CITY COUNCIL
The meeting was opened with the Pledge of Allegiance led by Captain Williams.
SPECIAL PRESENTATION
City Manager Casey announced that the Special Presentation for the recognition of the San Gorgonio Search and Rescue Team was postponed to another meeting due to the Team's response efforts to the December 2021 Storm Event.
EMPLOYEE INTRODUCTION
Chief Malinowski introduced Fire Captain Paramedic Daniel Eickholt.
Fire Captain Paramedic Daniel Eickholt stated that he has had the opportunity to work in Yucaipa over the last few months and that the people are great, Yucaipa is a tight -knit community, and that he is looking forward to providing his services to Yucaipa.
PUBLIC COMMENT
DeDe Chudy, Yucaipa, Trails and Open Space Committee Member and Yucaipa Valley Conservancy President, stated that she has attended the AVA meetings and is growing concerned with the proposed lot sizes.
CONSENT AGENDA
Mayor Bogh asked if there were any Consent Agenda items to be removed for discussion. No items were removed for discussion.
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1. SUBJECT: APPROVE COUNCIL MINUTES OF NOVEMBER 22, 2021 RECOMMENDATION: That City Council approve City Council Minutes of November 22, 2021.
2. SUBJECT: ACCEPTANCE OF CONTRACT WORK —UPTOWN PARKING LOT AND ALLEY IMPROVEMENTS, EAST END — PROJECT NO. 11046
RECOMMENDATION: That City Council:
1. Accept the contract and extension work completed by Three Peaks, Corp. of Calimesa, CA for the Uptown Parking Lot and Alley Improvements, East End — Project No. 11046; and
2. Approve the final payment for the project; and
3. Authorize the recordation of the Notice of Completion.
3. SUBJECT: ACCEPTANCE OF CONTRACT WORK — EL DORADO RANCH/FIVE WINDS PARK IRRIGATION IMPROVEMENTS - PROJECT NO. 11153
RECOMMENDATION: That City Council:
1. Accept the contract and extension work completed by Bunker Engineering of Indio, CA. for the El Dorado Ranch/Five Winds Park Irrigation Improvements - Project No. 11153 in the amount of $78,497.50: and
2. Approve the final payment for the project; and
3. Authorize the recordation of the Notice of Completion.
4. SUBJECT: ACCEPTANCE OF CONTRACT WORK- 13TH STREET CITY BASEBALL FIELD PARKING LOT PHASE 2 — PROJECT NO. 11146
RECOMMENDATION: That City Council:
1. Accept the contract and extension work completed by Jeremy Harris Construction, Inc. of Riverside, CA for the 13th Street City Baseball Field Parking Lot Phase 2 — Project No. 11146 in the amount of $135,418.28; and
2. Approve the final payment for the project; and
3. Authorize the recordation of the Notice of Completion.
5. SUBJECT: AWARD OF CONTRACT — SCHERER COMMUNITY CENTER — NUTRITION CENTER FLOORING IMPROVEMENT — PROJECT NO. 11164 RECOMMENDATION: That City Council:
1. Deein the bid submitted by the apparent low bidder, Del Mar Flooring of Ontario, CA.
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non -responsive due to bid irregularities; and
2. Award and authorize the Mayor to execute a contract in the amount of $17,082.92 with New Image Commercial Flooring, of San Bernardino, CA for the Scherer Community Center — Nutrition Center Flooring linprovement — Project No. 11164; and
3. Approve the amount of $3,400 for construction contract contingency and the amount of $4,500 for construction contract administration, testing, and inspection, for a total construction budget in the amount of $24,982.92; and
4. Approve the Plans and Specifications prepared for this project.
6. SUBJECT: AWARD OF CONTRACT - OAK GLEN ROAD BICYCLE AND PEDESTRIAN FACILITY IMPROVEMENTS PROJECT — PROJECT NO. 11125 RECOMMENDATION: That City Council:
Award and authorize the Mayor to execute a contract, and the City Manager or his designee to administer the tenns of the contract to the lowest responsible bidder, IE General Engineering Inc. of Beaumont, CA in the amount of $106,285 for the construction of the Oak Glen Road Bicycle and Pedestrian Improvements Project — Project No. 11125; and
2. Authorize a construction contract contingency amount of $12,000 for the Project and the amount of $17,000 for construction contract administration, inspection, testing and survey for a total construction budget in the amount of $135,285; and
3. Approve the plans and specifications prepared for the project.
7. SUBJECT: AWARD OF CONTRACT — FIVE WINDS RANCH BARN BUILDING RELOCATION PROJECT - PROJECT NO. 11166
RECOMMENDATION: That City Council:
1. Award and authorize the Mayor to execute a contract in the amount of $6,398.00 with Atom Engineering Construction Inc. of Hemet CA for the Five Winds Ranch Barn Building Relocation Project — Project No. 11166
2. Approve the amount of $1,000 for construction contract contingency and the amount of $1,500 for construction contract administration/inspection costs for a total construction budget in the amount of $8,898.00; and
3. Approve the Plans and Specifications prepared for this project.
8. SUBJECT: AWARD OF CONTRACT —PEST MANAGEMENT PROGRAM —PROJECT NO. 11143
RECOMMENDATION: That City Council award and authorize the Mayor to execute a contract, and the City Manager or his designee to administer the terms of the contract with City Council Minutes
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Animal Pest Management Services, Inc. in the amount of $6,762 for the Pest Management Program — Project No. 11143.
9. SUBJECT: AWARD OF CONTRACT — CDBG 4TH STREET DRAINAGE AND SIDEWALK IMPROVEMENTS PROJECT — PROJECT NO. 11095
RECOMMENDATION: That City Council:
1. Award and authorize the Mayor to execute a contract in the amount of $172,032.00 with I.E. General Engineering, Inc. of Beaumont, CA for the CDBG 4th Street Drainage and Sidewalk hnprovements Project — Project No. 11095; and
2. Approve the amount of $35,000 for construction contract contingency and the amount of $17,000 for construction contract administration, survey, testing and inspection for a total project construction budget in the amount of $224,032.00; and
3. Authorize the City Manager, or his designee, to administer the terms of the contract; and
4. Approve the Plans and Specifications prepared for the Project.
10. SUBJECT: AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT - ADOBE
STRUCTURE DESIGN MODIFICATIONS FOR THE FIVE WINDS RANCH PARK - PROJECT 11080
RECOMMENDATION: That City Council:
1. Award and authorize the Mayor to execute a Professional Services Agreement with R.A. Hamerly A.I.A. Architect, Inc. (AIA) of Highland CA in the not -to -exceed amount of $71,740 for Professional Services for the Adobe Structure Design Modifications for the Five Winds Ranch Park -Project 11080; and
2. Approve a contract contingency amount of $10,000 and the amount of $7,500 for staff time, contract administration and project coordination for a total professional services budget in the amount of $89,240 for the project; and
3. Authorize the City Manager or his designee to administer the terms of the agreement; and
4. Find that the public interest will not be best served by a formal proposal process, waive the formal solicitation of proposals/qualifications and award the Professional Services contract to AIA.
11. SUBJECT: FINAL TRACT MAP NO.20236
RECOMMENDATION: That City Council:
1. Approve Final Tract Map No. 20236; and
2. Accept an Offer of Dedication for Public Roads, City Highways and Public Utility City Council Minutes Page 4 of l l
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Purposes on a Portion of 3'd Street as delineated on Final Tract Map No. 20236; and
3. Authorize the recordation of the map from 101 Central Pacific Properties, LLC.
12. SUBJECT: FACILITY USE AGREEMENT BETWEEN THE CITY OF YUCAIPA AND THE YUCAIPA PICKLEBALL INC.
RECOMMENDATION: That City Council:
1. Approve and authorize the City Manager to execute a Facility Use Agreement between the City of Yucaipa and the Yucaipa Pickleball Inc.; and
2. Authorize the City Manager or his designee to administer the terns of the Agreement.
13. SUBJECT: M.J. RAHMANI NEJAD — 5TH STREET DEVELOPMENT (NEJAD DBA):
A DENSITY BONUS AGREEMENT FOR (CASE NO. 20-118/DBA/CUP/ARC) TO PERMIT A 16-UNIT SENIOR HOUSING RESIDENTIAL PROJECT LOCATED ON TWO VACANT PARCELS OFF OF 5TH STREET BETWEEN AVENUE H. AND COUNTY LINE ROAD; APN(S): 0319-233-58 & 59
RECOMMENDATION: That the City Council approve the attached Density Bonus Agreement (DBA) for the Nejad Senior Housing Project which will set forth the reporting requirements and covenants that are necessary to ensure that the target senior units associated with Case No. 20-118/DBA/CUP/ARC remain available as intended by the original density bonus request that was associated with the approved entitlement.
14. SUBJECT: REVISED RESIDENTIAL FACADE IMPROVEMENT PROGRAM RECOMMENDATION: That the City Council adopt Resolution No. 2021-75 approving the revised Residential Fagade Improvement Program which eliminates timeframes associated with the previously approved program.
15. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO
THE ELDORADO FIRE
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 El Dorado Fire, and direct staff as deemed appropriate.
16. 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.
17. SUBJECT: AWARD OF CONTRACT — NEW CITY YARD INSTALL/ERECT CITY FURNISHED STORAGE COVER - PROJECT NO. 11161
RECOMMENDATION: That City Council:
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1. Award and authorize the Mayor to execute a contract in the amount of S73,000 with Three Peaks Corporation of Cali nesa, California for the New City Yard Install/Erect City Furnished Storage Cover - Project No. 11161; and
2. Authorize a contract contingency in the amount of $10,000 and the amount of $5,000 for contract administration, materials testing, and permitting for a total construction budget of $88,000 for the project.
18. SUBJECT: AUTHORIZATION TO PROCEED AND ADOPTION OF A
RESOLUTION OF INTENTION FOR THE PROPOSED 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. Authorize the City Engineer to proceed with the proposed vacation of a portion of public right-of-way located at the northeast corner of County Line Road and 5th Street; and
2. Adopt Resolution No. 2021-76, declaring the intention to order the vacation of a portion of public right-of-way at the northeast corner of County Line Road and 5th Street.
19. SUBJECT: CAL FIRE WILDLAND PROTECTION AGREEMENT
RECOMMENDATION: That the City Council authorize the City Manager to execute the agreement and act as the representative for the City of Yucaipa.
ACTION: MOTION BY COUNCILMEMBER AVILA, SECOND BY MAYOR
PRO TEM DUNCAN, CARRIED 5-0, TO APPROVE CONSENT AGENDA ITEMS NO. 1 THROUGH 19.
nIAYOR AND COUNCILMEMBER BUSINESS (REPORTS)
20. SUBJECT: YOUTH ADVISORY COMMITTEE APPOINTMENTS
RECOMMENDATION: That City Council appoint Bella Samaniego and Kevin Palmer to the Youth Advisory Committee.
DISCUSSION: Community Services Supervisor Martinez presented the Agenda Report.
Bella Samaniego stated that it is honor that the City Council is considering her for an appointment to the Youth Advisory Committee (YAC) and noted that her brother served on the YAC in the past. Ms. Samaniego expressed her desire to serve on the YAC and stated that she wants to be a part of something that is bigger than herself Kevin Palmer thanked the City Council for the opportunity and noted that many communities do not provide this opportunity to youth. Mr. Palmer stated that he is excited to give back to this community.
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After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BEAVER, SECOND BY
COUNCILMEMBER AVILA, CARRIED 5-0, TO APPOINT BELLA SA 11ANIEGO AND KEVIN PALMER TO THE YOUTH ADVISORY COMMITTEE.
21. SUBJECT: CITY COUNCIL REORGANIZATION (CONTINUED FROM 11/22/2021) RECOMMENDATION: That City Council choose one of its members as Mayor and another of its members as Mayor Pro Teinpore.
DISCUSSION: Assistant City Manager Crawford presented the Agenda Report and declared nominations open for the office of Mayor.
Councilmember Bogh nominated Councilmember Avila for the office of Mayor.
Councilmember Beaver nominated Councihneinber Duncan for the office of Mayor.
Assistant City Manager Crawford closed nominations for the office of Mayor and called for affinnative votes.
Councilmember Avila was selected by a majority vote for the office of Mayor.
Assistant City Manager Crawford declared nominations open for the office of Mayor Pro Tempore.
Councilmember Duncan nominated Councilmember Beaver for the office of Mayor Pro Teinpore.
Assistant City Manager Crawford closed nominations for the office of Mayor Pro Ternpore and called for affinnative votes.
Councilmember Beaver was selected by a unanimous vote for the office of Mayor Pro Tempore.
POSSIBLE ACTION ON PENDING LEGISLATION
None
DEPARTMENT REPORTS
22. SUBJECT: FIRST READING OF ORDINANCE NO. 403 REGARDING ADDING
MANDATORY ORGANIC WASTE DISPOSAL REDUCTION REQUIREMENTS TO
THE YUCAIPA MUNICIPAL CODE
RECOMMENDATION: That City Council approve first reading, by title only, as read by staff, of Ordinance No. 403 adding Chapter 8.29 (Mandatory Organic Waste Disposal City Council Minutes
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23. 24.
Reduction) to Title 8 (Health and Safety) of the Yucaipa Municipal Code and making a determination of exemption under CEQA.
DISCUSSION: Assistant City Manager Crawford introduced the Agenda Report and introduced Richard Nino, Yucaipa Disposal.
Mr. Nino presented an overview of SB1383 regulation objectives, the education and outreach efforts, enforcement, reporting elements, the proposed Ordinance and amendments, and the implementation timeline for SB1383.
After Council discussion, the following Motion was made:
ACTION: ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY COUNCILMEMBER DUNCAN, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
SUBJECT: AGREEMENT FOR PROFESSIONAL SERVICES — YUCAIPA
PICKLEBALL COURT DESIGN — PROJECT NO. 11150
RECOMMENDATION: That City Council award and authorize the Mayor to execute a contract, and the City Manager or his designee to administer the terms of the professional services agreement with RHA Landscape Architects -Planners, Inc. in the amount of $66,925 for the Yucaipa Pickleball Court Design — Project No. 11150.
DISCUSSION: Public Works Analyst Gutjahr presented the Agenda Report.
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
SUBJECT: ADOPTION OF URGENCY ORDINANCE NO. 404-U ESTABLISHING INTERIM STANDARDS FOR THE IMPLEMENTATION OF SB9
RECOMMENDATION: That the City Council adopt Ordinance No. 404-U related to the regulation of urban lot splits and second dwelling units associated with the implementation of Senate Bill 9 (SB9) and making findings regarding the urgency thereof (4/5 VOTES REQUIRED).
DISCUSSION: Planning Manager/City Planner Matlock presented the Agenda Report.
Denise Work, Yucaipa, stated that the state of California has created a housing crisis and those that reside in rural areas are not being considered. Ms. Work stated that a number of cities have filed suit on this matter and urged the City and Council to consider joining suit against the state of California.
After Council discussion, the following Motion was made:
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25 26.
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
COUNTCILMEMBER THORP, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
SUBJECT: AWARD OF CONTRACT FOR THE PHASE 1 CONSTRUCTION OF THE
DUNLAP BOULEVARD BRIDGE REMOVAL AND REPLACEMENT PROJECT AT WILSON CREEK CHANNEL —PROJECT NO. 11098
RECOMMENDATION: That City Council:
Award and authorize the Mayor to execute a contract, and the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, Wright Construction Engineering Corporation of San Marcos, CA in the amount of $1,258,660 for the Phase 1 Construction of the Dunlap Boulevard Bridge Removal and Replacement Project at Wilson Creek Channel — Project No. 11098; and
2. Authorize a construction contract contingency amount of $200,000 for the Project, the amount of $165,000 for construction contract administration, inspection, testing, survey and staff time for a total construction contract budget in the amount of $1,623,660; and
3. Approve Amendment No. 2 to the contract with B&R Consulting in the amount of $115,000 for construction contract administration services for this project; and
4. Approve Amendment No. 4 to the contract with Dudek in the amount of $20,000 for construction engineering and design support services for this project; and
5. Approve the plans and specifications prepared for the project.
DISCUSSION: Assistant City Engineer Kern presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY MAYOR PRO TEM BEAVER, CARRIED 5-0, TO APPROVE STAFF RECOMMENDATION.
SUBJECT: YUCAIPA VALLEY WINE COUNTRY SPECIFIC PLAN REVIEW RECOMMENDATION: That City Council review the Yucaipa Valley Wine Country Specific Plan preliminary elements and:
1. Direct staff to proceed with developing the Yucaipa Valley Wine Country Specific Plan following direction to staff that Council deems appropriate; and
2. Approve the structure and membership of Architectural Design Subcommittee created to support the development of the Design Guidelines
DISCUSSION: Planning Manager/City Planner Matlock presented the Agenda Report.
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Ray Snodgrass, Yucaipa, stated that a provision in SB 9 or SB 10 regarding exclusion in high fire hazard severity zones may exclude, by defiiution, areas in the foothills and a sizable area of the North Bench. Mr. Snodgrass stated that he and his wife are pleased with the progress and compromise of the Yucaipa Valley Wine Country Planning Committee.
Mr. Snodgrass suggested that some of the open space in the Wilson Creek corridor may allow for vineyards.
Tony Matlock, Yucaipa, thanked the City Council and staff for the resources and time they have invested in this activity and encouraged the Council to continue to support the development of the Yucaipa Valley Wine Country Planning Committee vision.
Kevin Brooks, Arizona, commended the City Council on this work and stated that he represents a group that is currently in escrow to purchase the Casa Blanca ranch property.
Mr. Brooks stated that the direction the coimnittee is considering is a better plan than was previously approved and applauded the progress that has been made thus far.
Jonathan Weldy, Apple Valley, thanked the Council for their vision in this process. Mr.
Weldy commended the committee on their effort to achieve spirited but respectful debate and for reaching majority consensus on this complicated issue. Mr. Weldy confirmed that they are currently in escrow and supports staff recollimendation.
Terri Boon, Yucaipa, stated that she lives across the street from the 52 acres and would like to see more open space.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER BOGH, CARRIED 5-0, TO PROCEED WITH THE
DEVELOPMENT OF THE SPECIFIC PLAN, IN CONJUNCTION WITH THE
INPUT FROM THE COMMITTEE, AND TO APPROVE THE STRUCTURE AND
MEMBERSHIP OF THE ARCHITECTURAL DESIGN SUBCOMMITTEE TO
SUPPORT THE DEVELOPMENT OF THE DESIGN GUIDELINES.
ADJOURN CITY COUNCIL AND CONVENE SUCCESSOR AGENCY
City Council adjourned. Successor Agency convened. (Successor Agency proceedings are contained in separate Minutes)
ADJOURN SUCCESSOR AGENCY AND CONVENE HOUSING AUTHORITY
Successor Agency adjourned. Housing Authority convened. (Housing Authority proceedings are contained in separate Minutes)
ADJOURN THE HOUSING AUTHORITY AND CONVENE CITY COUNCIL
Housing Authority adjourned. City Council convened.
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AN-NTOUNCENIENTS
Chief Malinowski provided an update on the storm and reported that heavy rainfall is expected to exceed thresholds. Chief Malinowski also reported that debris flow is anticipated and that the Yucaipa Community Center has been set up as a Joint Command Center.
Captain Williams and Lieutenant Warrick reported on the actions the Police Department has taken in anticipation of the storm and stated that the Police Department issued orders today to allow people to evacuate prior to the storm and that the Search and Rescue teams are encouraging people to evacuate.
Director of Development Services/City Engineer Preciado confirmed that sand bags are available at all three local fire stations.
City Attorney Snow announced the Closed Session item.
CLOSED SESSION
Conference with Legal Counsel — Anticipated Litigation [Gov't Code §54956.9(d)(3)] 1 item
ADJOURNMENT
The meeting adjourned. The next regularly scheduled meeting «,ill be January 10, 2022 at 6:00 PM.
DAVID AVILA, MAYOR
ATTEST:
JENNIFER CRAWFORD
CITY CLERK
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