Agenda Item No. 1
City of Yucaipa
City Council Minutes
Regular Meeting of March 28, 2022
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 March 28, 2022, at 6:00 PM.
PRESENT: David Avila, Mayor
Justin Beaver, Mayor Pro Tern
Greg Bogh, Councilmember
Bobby Duncan, 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.
City Manager Casey announced that a change to Agenda Item No. 3 was distributed to Council and made available to the public.
SPECIAL PRESENTATION
JR Allgower, Yucaipa Equestrian Arena Committee Director, introduced Lynn Warren, Coordinator of the Yucaipa Rodeo Queen Contest.
Ms. Warren stated that Yucaipa Rodeo crowned its Rodeo Queens and court at the Yucaipa Equestrian Center and stated that the competition for the contestants included four age divisions that competed in contests that included horsemanship, interview, public speaking (speech), impromptu questions, and overall appearance and presentation.
The following newly crowned Rodeo Queens introduced themselves and provided a summary of their background: Catherine Hill ("Junior Miss"), Alyssa Burke ("Young Miss"), Riley Jordan ("Rodeo Queen"), and Layla Johns ("Little Miss").
EMPLOYEE INTRODUCTION
Director of Development Services/City Engineer Preciado introduced Steven Leuthner, Parks Maintenance Worker I.
Mr. Leuthner thanked the City Council for the opportunity to work for a City that he loves and noted that he graduated from Yucaipa High School.
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PUBLIC COMMENT
John Kraus, Yucaipa, stated his concerns with motorists speeding on Bryant Street and stated that Bryant Street has become a danger zone. Mr. Kraus requested a stop sign with a flashing light be placed at the top of the hill to slow people down.
CONSENT AGENDA
Mayor Avila asked if there were any Consent Agenda items to be removed for discussion. No items were removed for discussion.
1. SUBJECT: APPROVE COUNCIL MINUTES OF MARCH 14, 2022
RECOMMENDATION: That City Council approve City Council Minutes of March 28, 2022.
2. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE COVID-19 PANDEMIC IMPACT ON THE EMERGENCY MEDICAL SERVICES SYSTEM
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 impact on the Emergency Medical Services system.
3. SUBJECT: RESOLUTION NO.2022-16 - TERMINATION OF LOCAL EMERGENCY
FOR THE EL DORADO FIRE (AMENDED)
RECOMMENDATION: That City Council adopt Resolution No. 2202-16 proclaiming the termination of the El Dorado Fire local emergency.
4. SUBJECT: ACCEPTANCE OF CONTRACT WORK - 12TH AND 13TH STREET SAFE ROUTES TO SCHOOL (SRTS) SIDEWALK PROJECT - PROJECT NO. 10878 RECOMMENDATION: That City Council:
1. Accept the contract work completed by Three Peaks Corporation of Calimesa CA. in the amount of $896,134.40 for the 12ffi and 13th Streets SRTS Sidewalk Project - Project No. 10878 (Project); and
2. Approve the final payment for the Project; and
3. Authorize the recordation of the Notice of Completion for the Project ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED, 5-0, TO APPROVE CONSENT
AGENDA ITEMS NO. 1 THROUGH 2,3 (AS AMENDED), AND ITEM 4.
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MAYOR AND COUNCILMEMBER BUSINESS (REPORTS)
None
POSSIBLE ACTION ON PENDING LEGISLATION
Councilmember Bogh noted that the legislature is in session.
DEPARTMENT REPORTS
5. SUBJECT: YUCAIPA EQUESTRIAN ARENA COMMITTEE; RODEO UPDATES RECOMMENDATION: That City Council:
Approve the revised Special Event Permit Application submitted by the Yucaipa Equestrian Arena Rodeo Committee to conduct the 2022 Yucaipa Rodeo on Friday, April 1, 2022, and Saturday, April 2, 2022; and
2. Direct staff to revise the traffic control plan accordingly.
DISCUSSION: Director of Community Services Wolfe 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.
6. SUBJECT: 2022 UPTOWN ICE RINK
RECOMMENDATION: That City Council:
Authorize the City Manager, or his designee, to execute an agreement with Ice Rink Events for the rental of a 4,000-5,000 sq. ft. Ice Rink for the, not to exceed, amount of $134,800; and
2. Authorize City staff to offer a variety of activities at the Ice Rink from November 26, 2022, to January 1, 2023; and
3. Find that it is with the City's best interest to waive the formal bid procedures, per Yucaipa Municipal Code Section 2.24.060, for the procurement of the Ice Rink; and
4. Approve an Ice Rink expenditure budget in the amount of $270,700 and a revenue budget in the amount of $225,000.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
After Council discussion, the following Motion was made:
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ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
COUNCILMEMBER THORP, CARRIED, 5-0, TO APPROVE STAFF
RECOMMENDATION.
SUBJECT: CALIFORNIA STATE LIBRARY BUILDING FORWARD: LIBRARY INFRASTRUCTURE PROGRAM — RESOLUTION NO.2022-11
RECOMMENDATION: That City Council:
1. Confirm the Building Forward: Library Infrastructure Program grant application through the California State Library; and
2. Review and adopt Resolution No. 2022-11 for the grant application requesting Building Forward: Library Infrastructure Program funding through the California State Library.
DISCUSSION: City Manager Casey presented the Agenda Report.
Joan Boskovich, Yucaipa, stated the benefits of a library and highlighted the need for the following: (1) a quiet room and a computer for the Literacy Program, (2) more rooms for the Children's Programs, and (3) twice as much space to display the donated books for the Book Nook Program. Ms. Boskovich asked should the library continue to be just an adequate building with books, or can it become another example of why Yucaipa is considered a jewel?
Airy Simmons, Yucaipa, thanked the City Council and staff for not giving up on a new library and emphasized how much a new library is needed for this community. Ms.
Simmons stated that as Vice President of the Friends of the Library Program, she looks forward to upping the library's efforts to fundraise and enhancing the outcome of the library.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY MAYOR
PRO TEM BEAVER, CARRIED, 5-0, TO APPROVE STAFF
RECOMMENDATION.
8. SUBJECT: APPROVE THE SAN BERNARDINO COUNTY MUNICIPAL SEPARATE STORM SEWER SYSTEM — COMMON INTEREST, JOINT DEFENSE, AND
CONFIDENTIALITY AGREEMENT AMONG PERMITTEES
RECOMMENDATION: That City Council approve and authorize the Mayor to execute the San Bernardino County Municipal Separate Storm Sewer System - National Pollution Discharge Elimination System (NPDES) Common Interest, Joint Defense, And Confidentiality Agreement Among Permittees on behalf of the City of Yucaipa.
DISCUSSION: Director of Development Services/City Engineer Preciado introduced the Agenda item. Assistant City Engineer Kern presented the Agenda Report.
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9. 10.
City Attorney Snow clarified a provision of the Agreement that pertains to the confidentiality agreement between the various jurisdictions.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED, 5-0, TO APPROVE STAFF
RECOMMENDATION.
SUBJECT: LEFT TURN PHASING TRAFFIC SIGNAL MODIFICATION AT VARIOUS LOCATIONS PROJECT — PROJECT NO. 11142
RECOMMENDATION: That City Council:
1. Amend the FY2021/2022 Capital Improvement Program by adding the amount of $103,700 in Highway Safety Improvement Program grant funds to the Left Turn Phasing Traffic Signal Modification at Various Locations Project — Project No. 11142 (Project); and
2. 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, Alfaro Communications Construction Inc., of Compton, CA, in the amount of $463,360 for the Project; and
3. Authorize a construction contract contingency amount of $48,000 for the Project, the amount of $27,740 for construction contract administration, inspection, testing, survey, and staff time for a total construction contract budget in the amount of $539,100; and
4. Waive the bid irregularity and reject the bid protest from Servitek Electric; and
5. Approve the plans and specifications prepared for the Project.
DISCUSSION: Director of Development Services/City Engineer Preciado introduced the Agenda item. Public Works Analyst Gutjahr presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED, 5-0, TO APPROVE STAFF
RECOMMENDATION.
SUBJECT: YUCAIPA FREEWAY CORRIDOR SPECIFIC PLAN UPDATE
RECOMMENDATION: That City Council:
1. Review the Freeway Corridor Specific Plan Update and provide direction as appropriate; and,
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2. Approve and authorize the Mayor to execute a Professional Services Agreement with P1aceWorks, of Santa Ana, in the amount of $364,819 and approve the amount of $36,000 for contract contingency for a total budget in the amount of $400,819 to provide professional services for the preparation of the Freeway Corridor Specific Plan Update Subsequent Environmental Impact Report contingent upon the execution of a Fair Share/Reimbursement Agreement between the City and the individual property owners/developers of the properties within the Freeway Corridor Specific Plan area to pay for their fair share of the cost of these professional services; and
3. Approve and authorize the City Manager to execute a Purchase Order under the terms of the agreement for Professional Services with Dudek dated July 13, 2020, in the amount of $447,694 for providing professional services in the preparation of the biological studies for the Freeway Corridor Specific Plan Update Subsequent Environmental Impact Report contingent upon the execution of a Fair Share/Reimbursement Agreement between the City and the individual property owners/developers of the properties within the Freeway Corridor Specific Plan area to pay for their fair share of the cost of these professional services; and
4. Authorize the City Manager or his designee to administer the terms of the Agreements.
DISCUSSION: Planning Manager/City Planner Matlock presented the Agenda Report.
N. Abraham Issa, owner of property within the Freeway Corridor Specific Plan, recommended supporting the Specific Plan Update and spoke about the possible land uses from both an environmental and an aesthetic point of view. Mr. Issa stated that the only modification to the City's proposal is to possibly square up the back of his property.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY MAYOR PRO TEM BEAVER, CARRIED, 4-1 (COUNCILMEMBER DUNCAN VOTED NO), TO
APPROVE STAFF RECOMMENDATION, INCLUDING A MODIFICATION
THAT WOULD MAINTAIN THE LAND USE DISTRICT BOUNDARY SHOWN
IN THE CURRENT FREEWAY CORRIDOR SPECIFIC PLAN FOR THE AREAS
AROUND AND UNDER THE WILDWOOD INTERCHANGE PROJECT
FOOTPRINT.
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY MAYOR PRO TEM BEAVER, CARRIED, 4-1 (COUNCILMEMBER DUNCAN VOTED NO), TO APPROVE STAFF RECOMMENDATION NOS. 2-4.
11. SUBJECT: YUCAIPA VALLEY WINE COUNTRY SPECIFIC PLAN EIR RECOMMENDATION: That City Council:
Approve and authorize the Mayor to execute a Professional Services Agreement City Council Minutes Page 6 of 10
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12. with P1aceWorks, of Santa Ana, CA, in the amount of $419,534, and approve the amount of $38,000 for contract contingency for a total budget in the amount of $457,534 for providing professional services in the preparation of the Yucaipa Valley Wine Country Specific Plan Update Subsequent Environmental Impact Report contingent upon the execution of a Fair Share/Reimbursement Agreement between the City and the individual property owners/developers of the properties within the Yucaipa Valley Wine Country Specific Plan area to pay for their fair share of the cost of these professional services; and
2. Approve and authorize the City Manager to execute a Purchase Order under the terms of the agreement for Professional Services with Dudek dated July 13, 2020, in the amount of $391,519 for providing professional services in the preparation of the biological studies for the Yucaipa Valley Wine Country Specific Plan Update Subsequent Environmental Impact Report contingent upon the execution of a Fair Share/Reimbursement Agreement between the City and the individual property owners/developers of the properties within the Yucaipa Valley Wine Country Specific Plan area to pay for their fair share of the cost of these professional services; and
3. Authorize the City Manager or his designee to administer the terms of the Agreements.
DISCUSSION: Planning Manager/City Planner Matlock presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED, 5-0, TO APPROVE STAFF
RECOMMENDATION.
SUBJECT: PAVEMENT MANAGEMENT PROGRAM UPDATE
RECOMMENDATION: That City Council:
1. Review and approve the FY2022/2023 Pavement Management Program Update; and
2. Approve the recommended pavement maintenance and rehabilitation projects for FY2022/2023.
DISCUSSION: Director of Development Services/City Engineer Preciado introduced the Agenda item. 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.
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13. SUBJECT: 2021 GENERAL PLAN AND HOUSING ELEMENT PROGRESS REPORT RECOMMENDATION: That City Council receive and file the 2021 General Plan and Housing Element Progress Reports for the implementation of the City's General Plan.
DISCUSSION: Planning Manager/City Planner Matlock presented the Agenda Report.
Council received and filed the 2021 General Plan and Housing Element Progress Reports for the implementation of the City's General Plan.
PUBLIC HEARINGS
14. SUBJECT: PRIORITIZATION OF ADDITIONAL FISCAL YEAR 2022-2023
COMMUNITY DEVELOPMENT BLOCK GRANT QUALIFIED APPLICATION RECOMMENDATION: That City Council conduct a public hearing and prioritize an additional eligible project proposal for submission to the San Bernardino County Board of Supervisors for Community Development Block Grant funding consideration.
DISCUSSION: Mayor Avila opened the Public Hearing Item No. 14. Finance Manager Blackerby presented the Agenda Report.
Public Comment
Mandy Carlson, Program Director for Family Services Association of Redlands and Yucaipa Outreach Project, thanked the City Council for their support. Ms. Carlson provided information about the Yucaipa Outreach Project and statistics for services offered in 2021.
Mayor Avila closed the Public Hearing.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER BOGH, CARRIED 5-0, TO APPROVE A PUBLIC SERVICE
ALLOCATION FROM THE UNPROGRAMMED FUND BALANCE IN THE
AMOUNT OF $7,500 TO FAMILY SERVICES ASSOCIATION OF REDLANDS, YUCAIPA OUTREACH PROJECT.
15. SUBJECT: ADOPTION OF RESOLUTION NO. 2022-12 RESOLUTION OF
NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF A FULL -FEE
SIMPLE INTEREST FROM THE PROPERTY IDENTIFIED AS SAN BERNARDINO COUNTY ASSESSOR'S PARCEL NUMBER 0319-012-20-0000 FOR THE AVENUE E
ROUNDABOUT INTERSECTIONS PROJECT, PHASE II
RECOMMENDATION: That City Council:
1. Open and conduct a public hearing to consider the adoption of Resolution No. 2022- 12 Resolution of Necessity, declaring certain real property interests necessary for City Council Minutes Page 8 of 10
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public purposes and authorizing the acquisition thereof, in connection with the Avenue E Roundabout Intersections Project, Phase II ("Project") in the City, receive from City staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below with respect to the proposed Resolution of Necessity, and consider all evidence to deter/ -mine whether to adopt the proposed Resolution of Necessity; and
2. If the City Council finds, based upon the evidence contained and referred to in this Report, the testimony and comments received at the hearing, and all written testimony submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City staff recommends that the City Council, in the exercise of its discretion, adopt the above -referenced Resolution of Necessity, with the Resolution of Necessity requiring a 4/5ths vote of the entire City Council; and
3. If the City Council approves the Resolution of Necessity, then City staff recommends that the City Council authorize the City Attorney's office and City staff to take all necessary steps to acquire the real property interests identified in the Resolution of Necessity and to take all necessary steps to deposit with the State Treasurer's Office the probable compensation required by law for issuance of an Order for Pre -Judgment Possession; and
4. Authorize the City Manager to execute all necessary documents.
DISCUSSION: Mayor Avila opened the Public Hearing Item No. 15. Director of Development Services/City Engineer Preciado presented the Agenda Report.
Public Comment
None
Mayor Avila closed the Public Hearing.
For the record, City Attorney Snow stated that the findings that the Council would be making in the Resolution of Necessity would be that the public interest and necessity require the Project; the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; the property interest described in the Resolution of Necessity is necessary for the Project; and the City has made the offer required by Government Code Section 7267.2 to the record owners of the real property the City seeks to acquire.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
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ANNOUNCEMENTS
Councilmember Duncan announced the upcoming Rodeo.
ADJOURNMENT
The meeting adjourned. The next regularly scheduled meeting will be April 11, 2022, at 6:00 PM.
DAVID AVILA, MAYOR
ATTEST:
JENNIFER CRAWFORD
CITY CLERK
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