Agenda Item No. 1
City of Yucaipa
City Council Minutes
Regular Meeting of May 23, 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 May 23, 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 (Via Teleconference)
ABSENT: None
CONVENE CITY COUNCIL
The meeting was opened with the Pledge of Allegiance led by Captain Williams.
SPECIAL PRESENTATIONS
Chief Malinowski presented information pertaining to the citizen -driven Firewise Community initiative that involves citizens implementing wildland fire mitigation measures in wildland urban interface areas within their community. Chief Malinowski stated that a Firewise Community makes the community more likely to survive a wildfire and cited the benefits the mitigation measures provide to the community.
Chief Malinowski introduced David Matuszak, leader of the Live Oak Canyon Firewise Community. Mr. Matuszak stated that he started the Live Oak Canyon Firewise Community because of the training and success of the program that he experienced during the North Complex Fire. Mr. Matuszak encouraged residents that live in a high -fire area to get involved in the program and thanked Chief Malinowski for his assistance and support of the program.
Chief Malinowski commended Mr. Matuszak for his support and efforts in the establishment of both the Live Oak Canyon and he Wildwood Canyon Firewise Communities.
Scott Ward, Field Representative for San Bernardino County Yd District Supervisor Dawn Rowe, presented the Live Oak Canyon Firewise Community with a Certificate of Recognition.
Art Welch, Field Representative for Senator Ochoa Bogh, presented the Live Oak Canyon Firewise Community with a Certificate of Recognition.
Mayor Avila announced the presentation of Proclaiming the month of May as Ehlers Danlos Syndromes and Hyperrnobility Spectrum Disorders Awareness Month.
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Dulce Haviland, Yucaipa, introduced Madison Thompson, Calimesa, and stated that they are two of many community members that have been diagnosed with Ehlers Danlos Syndrome. Ms.
Haviland cited the primary issues that the patients with this disease face and stated that the purpose of awareness is to help people understand that this is a difficult disease that affects all parts of the body and, unless there is enough awareness, they will continue to struggle with access to care.
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER BOGH, CARRIED 5-0, TO APPROVE THE PROCLAMATION
PROCLAIMING THE MONTH OF MAY AS EHLERS-DANLOS SYNDROMES AND
HYPERMOBILITY SPECTRUM DISORDERS AWARENESS MONTH
The City Council presented Dulce Haviland with the Proclamation.
EMPLOYEE INTRODUCTION
Community Services Supervisor Nick Johnson introduced Community Services Coordinator Gilbert Guardado.
Mr. Guardado stated that it is amazing to be a part of the progralruning and the recreational activities that the City provides to the commnunity and that it is an honor and a privilege to provide these services and to work for the City.
PUBLIC COMMENT
Richard Frost, Yucaipa, questioned if anyone has encountered any problems while walking in the area of the Yucaipa-Calimesa Joint Unified School District building on Third Street.
Clinton Sandusky, Yucaipa, thanked the City for acknowledging God with the motto "In God We Trust' behind the dais. Mr. Sandusky stated that he and his wife have lived in Yucaipa for 21 years and are invested in the community. Mr. Sandusky stated that he is trying to open e-bike access at the State Park and spoke about his desire to see the City embrace the new trend of successful bicycling in a proactive way through education, bikeway infrastructure, enforcement, and diversion programs.
Rachael Gustuson, Yucaipa, extended an invitation to all to attend the Memorial Day Service, which will be held at 10:00 a.m. on Monday, May -1 at Desert Lawn Memorial Parkin Calimesa.
Ms. Gustuson stated that Yucaipa resident and Afghanistan War veteran Marine Corporal Justin Crabbe, who lost both his legs while serving in Afghanistan, will be the keynote speaker at the event.
CONSENT AGENDA
Mayor Avila 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 MAY 9, 2022
RECOMMENDATION: That City Council approve City Council Minutes of May 9, 2022.
2. SUBJECT: AMENDMENT TO YUCAIPA MUNICIPAL CODE SECTION 12.04.040 (HOURS OF OPERATION)
RECOMMENDATION: That City Council waive further reading and adopt Ordinance No. 406, amending Section 12.04.040 of Chapter 12.04 of Title 12 of the Yucaipa Municipal Code regarding hours of operation, and find Ordinance No. 406 exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378 and 15061(b)(3).
3. SUBJECT: ACCEPTANCE OF CONTRACT WORK - INSTALLATION OF PLAYGROUND EQUIPMENT FOR FLAG HILL VETERANS MEMORIAL PARK — PROJECT NO. 11163
RECOMMENDATION: That City Council:
1. Accept the contract work completed by Three Peaks Corporation of Calimesa, Califona for the Installation of Playground Equipment for Flag Hill Veterans Memorial Park — Project No. 11163 in the amount of $41,520; 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 - NEW CITY YARD INSTALL/ERECT CITY FURNISHED STORAGE COVER - PROJECT NO. 11161 RECOMMENDATION: That City Council:
1. Accept the contract work completed by Three Peaks Corporation of Calimesa, California for the New City Yard Install/Erect City Furnished Storage Cover - Project No. 11161 in the amount of $73,000; and
2. Approve the final payment for the Project; and
3. Authorize the recordation of the Notice of Completion
5. SUBJECT: NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION RECOMMENDATION: That City Council adopt Resolution No. 2022-19, calling for and giving notice of the holding of the general municipal election to be held on November 8, 2022, requesting San Bernardino County to consolidate the General Municipal Election with the Statewide Election, and establishing regulations for candidate statements.
6. SUBJECT: RESOLUTION OF INTENTION TO CERTIFY SOLID WASTE
DELINQUENT ACCOUNT LIEN LIST
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RECOMMENDATION: That City Council adopt Resolution No. 2022-22, a Resolution of Intention to set the time and place for a Public Hearing on June 27, 2022, at 6:00 p.m. in the City Council Chambers, relative to forwarding amounts remaining unpaid on the Solid Waste Lien List to the County of San Bernardino for addition to the 2022-2023 property tax rolls as special assessments.
7. 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:
1. 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; and
2. Find that the continuation of the local proclamation until the next City Council meeting is necessary; and
3. Waive the municipal code requirement (YMC 8.36.160) to review the local emergency every fourteen (14) days, for this period alone.
8. SUBJECT: FISCAL YEAR 2021/22 COMMUNITY ACTIVITY GRANT
ACCOUNTABILITY REPORTS
RECOMMENDATION: That City Council receive the Coimnunity Activity Grant Accountability Reports and deem the program requirements complete for Al -Anon Family Group — Weekly Meetings, Family Service Association of Redlands — Yucaipa Outreach, Gardenworksforkids — Outdoor Covered Patio, Smiles for Seniors Foundation — Assist Low -Income Seniors, Valley Elementary — Leadership Day, Cali-Caipa Nooners Lions Club — Veterans Day Ceremony, Yucaipa High School — YHS Baseball Team Trip to NHSI, and the Yucaipa Rotary Club — Weekly Business Meetings.
9. SUBJECT: 101 CENTRAL PACIFIC PROPERTIES—FARSAKH DEVELOPMENT (FARSAKH DBA): A DENSITY BONUS AGREEMENT FOR (CASE NO. 18- 090/CUP/DBA/MJV/LUCR/ARC/TTM 20236) TO PERMIT A 13-UNIT SENIOR
HOUSING CONDOMINIUM PROJECT ON A VACANT PARCEL LOCATED AT 12255 3RD STREET; APN: 0319-351-05
RECOMMENDATION: That the City Council approve the attached Density Bonus Agreement (DBA) for the Farsakh Senior Housing Condominium Project which will set forth the reporting requirements and covenants that are necessary to ensure that the target senior units associated with Case No. 18-090/CUP/DBA/MJV/ LUCR/ARC TTM 20236 remain available as intended by the original density bonus request that was associated with the approved entitlement.
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED, 5-0, TO APPROVE CONSENT
AGENDA ITEMS NO. 1 THROUGH 9.
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MAYOR AND COUNCILMEMBER BUSINESS (REPORTS
I
Councilmember Bogh reported that he attended the Sheriff's Association Legislative Days while he was in Sacramento and that Sheriff Dicus provided an update on some of the things that are coming out of California. Councilmember Bogh stated the need to stay informed and to keep our eyes open.
10. SUBJECT: APPOINTMENT TO THE HEALTHY YUCAIPA COMMITTEE RECOMMENDATION: That Mayor Avila appoints one member to the Healthy Yucaipa Connnittee.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
Heather O'Bier introduced herself and expressed her desire to be involved in the community and to serve on the Healthy Yucaipa Committee.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR AVILA, SECOND BY COUNCILMEMBER
BOGH, CARRIED, 5-0, TO ACCEPT THE HEALTHY YUCAIPA COMMITTEE APPOINTMENT OF HEATHER O'BIER AS MAYOR AVILA'S APPOINTEE.
POSSIBLE ACTION ON PENDING LEGISLATION
11. SUBJECT: CALIFORNIA'S INTERNET CRIMES AGAINST CHILDREN TASK
FORCE PROGRAM (ICAO)
RECOMMENDATION: That City Council:
1. Review and approve a letter of support for the County of San Bernadino, Office of the District Attorney's letter of request to Governor Gavin Newsom regarding the possible defunding of California's Internet Crimes Against Children Task Force Program (ICAC); and
2. Review and approve a letter of support urging our State Representatives to amend the proposed 2022-23 State Budget to include three years of funding for the ICAC program.
DISCUSSION: City Manager Casey presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER THORP, CARRIED, 5-0, TO APPROVE STAFF
RECOMMENDATION.
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12. SUBJECT: ASSEMBLY BILL 2011 (WICKS) —AFFORDABLE HOUSING AND HIGH ROAD JOBS ACT OF 2022
RECOMMENDATION: That City Council review and approve a letter of opposition for Assembly Bill 2011 (Wicks), the Affordable Housing and High Road Jobs Act of 2022, which creates a ministerial, streamlined approval process for 100 percent affordable housing in commercially zoned areas and for mixed -income housing along cornrnercial corridors.
DISCUSSION: City Manager Casey presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER BOGH, CARRIED, 5-0, TO APPROVE STAFF
RECOMMENDATION.
DEPARTMENT REPORTS
13. SUBJECT: CHANGE ORDER NO. 1 — SCHERER COMMUNITY CENTER — NTUTRITION CENTER FLOORING IMPROVEMENT — PROJECT NO. 11164 RECOMMENDATION: That City Council:
1. Approve Change Order No. 1 in the amount of $9,549,90 to the contract with New Image Commercial Flooring for the Scherer Comrnuruty Center — Nutrition Center Flooring Improvement — Project No. 11164 for a revised total contract amount of $26,632.82; and
2. Amend the FY2021/2022 Capital Improvement Program by adding the amount of $15,000 in additional Community Development Block Grant (CDBG) funds to the project for a total of $55,000 in CDBG funds.
DISCUSSION: Public Works Analyst Gutjahr 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.
14. SUBJECT: PURCHASE OF TRAFFIC SIGNAL POLES FOR THE OAK GLEN
ROAD/LIVE OAK CANYON ROAD WIDENING PROJECT, COLORADO STREET TO OUTER HWY-10 SOUTH
RECOMMENDATION: That City Council award and authorize the City Manager to execute a purchase order/contract with McCain of Vista, CA for the purchase of traffic signal poles and associated equipment in the amount of $88,658.23 (including tax) for the Oak Glen Road/Live Oak Canyon Road Widening Project, Colorado Street to Outer Hwy- 10 South.
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DISCUSSION: Director of Development Services/City Engineer Preciado presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER BOGH, CARRIED, 5-0, TO APPROVE STAFF
RECOMMENDATION.
15. SUBJECT: DRAFT CAPITAL IMPROVEMENT PROGRAM
RECOMMENDATION: That the City Council review the Draft Seven Year Capital Improvement Program (Draft CIP) for fiscal years 2022/2023 through 2028/2029 and direct staff as appropriate.
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 THE DRAFT SEVEN YEAR
CAPITAL IMPROVEMENT PROGRAM (DRAFT CIP) FOR FISCAL YEARS 2022/2023 THROUGH 2O28/2029.
PUBLIC HEARINGS
15. SUBJECT: YUCAIPA DISPOSAL 2021 ANNUAL REPORT, SOLID WASTE RATE
ADJUSTMENT, ANNUAL SINGLE-FAMILY RESIDENTIAL PROPERTY TAX ROLL BILLING FOR FISCAL YEAR 2022-23, AND HOUSEHOLD HAZARDOUS WASTE
COLLECTION AGREEMENT
RECOMMENDATION: That City Council conduct a public hearing and subsequently:
1. Direct staff to notify the County of San Bernardino in writing Yucaipa's intent to tenninate its participation in the Comprehensive Disposal Site Diversion Program (Recommended by Solid Waste Committee); and
2. Consider the following options regarding the Household Hazardous Waste Collection Contract and provide direction as appropriate:
a. (Option 1) Approve and authorize the Mayor to execute a contract with the San Bernardino County Fire Protection District to operate and manage the collection and disposal of household hazardous waste and hold one Household Hazardous Waste/E-waste Collection Event per year in Yucaipa from July 1, 2022 to June 30, 2027 for a total contract amount of $428,528.45; or b. (Option 2) Approve and authorize the Mayor to execute a contract with the San Bernardino County Fire Protection District to operate and manage the collection City Council Minutes Page 7 of 10
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and disposal of household hazardous waste from July 1, 2022 to June 30, 2027 for a total contract amount of $262,115.17 (Recommended by a member of the Solid Waste Committee); and
Receive the 2021 Solid Waste Aluival Report from Yucaipa Disposal; and
4. Determine the Residential Rate Adjustments, which includes Food Waste and Recycling, to be implemented July 1, 2022, which will modify the rates by either:
a. (Option 1) Implementing all standard increases; however, the rates are remixed to apply the same percentage increase of 6.2% on all three -barrel services resulting in a 15-gallon rate increase of $1.07 (from $17.14 to $18.21), 30- gallon rate increase of $1.42 (from $22.74 to $24.16) and a 60-gallon rate increase of $1.92 (from $30.79 to $32.71) (Recommended by Solid Waste Committee); or
b. (Option 2) Implementing all standard increases; however, the rate subsidy to the 15 and 30-gallon rates are reduced resulting in a 15-gallon rate increase of $1.74 (from $17.14 to $18.88), 30-gallon rate increase of $1.61 (from $22.74 to $24.35) and a 60-gallon rate increase of $1.82 (from $30.79 to $32.61); or (Option 3) Implementing all standard increases; however, the rates are remixed to apply the same monetary increase on all three -barrel services resulting in a 15-gallon rate increase of $1.77 (from $17.14 to $18.91), 30-gallon rate increase of $1.77 (from $22.74 to $24.51) and a 60-gallon rate increase of $1.77 (from $30.79 to $32.56); and
5. Approve the proposed Commercial Refuse Rate Adjustment, which includes Food Waste and Recycling (Recommended by Solid Waste Committee); and Adopt Resolution No. 2022-18, requesting the County of San Bernardino to place collection of costs for single-family residential solid waste, green waste, and recycling services for Fiscal Year 2022-2023 on the County of San Bernardino property tax roll pursuant to Chapter 8.28 of the Yucaipa Municipal Code.
DISCUSSION: Mayor Avila opened the Public Hearing Item No. 16. Assistant City Manager Crawford presented the Agenda Report and introduced Richard Nino, Yucaipa Disposal.
Mr. Nirio highlighted information contained in the 2021 Solid Waste Annual Report, the residential and SB 13 83 program updates, and the proposed rates for fiscal year 2022-2023.
Public Comment
Randy Allen, Yucaipa, stated that Yucaipa Disposal does not provide a great service and needs to tighten their belt. Mr. Allen requested that City Council deny the rate increase and put out a contract to other collection companies for solid waste services.
Mr. Nirio addressed the concerns raised by Mr. Allen.
Mayor Avila closed the Public Hearing.
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After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED, 5-0, TO APPROVE STAFF
RECOMMENDATION NOS. 1, 2(B), 3, 4(A), 5, AND 6.
17. SUBJECT: CONSIDERATION OF A DEVELOPMENT CODE AMENDMENT (ORDINANCE NO. 350) INITIATED BY THE CITY AMENDING VOLUME II (DEVELOPMENT CODE) OF THE YUCAIPA MUNICIPAL CODE TO AMEND CHAPTER 4 (LAND USE MODIFICATIONS) OF DIVISION 5 (OVERLAY DISTRICTS)
TO ESTABLISH A COLLEGE VILLAGE OVERLAY DISTRICT AND TO ADOPT
OVERLAY DISTRICT GUIDELINES CONSISTENT WITH THE GENERAL PLAN AS UPDATED IN 2016.
RECOMMENDATION: That the City Council conduct a Public Hearing and:
1. Approve first reading, by title only, as read by staff, of Ordinance No. 350 initiated by the City to amend Chapter 4 (Land Use Modifications) of Division 5 (Overlay Districts) to establish a College Village Overlay District and to adopt Overlay District Guidelines consistent with the General Plan as updated in 2016; and
2. Adopt the Findings as contained in the Agenda Report; and
3. Find that the adoption of the ordinance and the adoption of the College Village Overlay District Guidelines are within the scope of the General Plan Environnental Iinpact Report (EIR) pursuant to Section 15183 of the CEQA Guidelines in that the General Plan and General Plan EIR analyzed the impacts associated with the potential land uses and ultimate development contemplated by the College Village; and
4. Direct Staff to file a Notice of Determination subsequent to adoption of the Ordinance.
DISCUSSION: Mayor Avila opened the Public Hearing Item No. 17. Planning Manager/City Planner Matlock presented the Agenda Report.
City Manager Casey and Planning Manager/City Planner Matlock addressed questions raised by City Council.
Public Comment
None
Mayor Avila closed the Public Hearing.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR AVILA, SECOND BY COUNCILMEMBER
BOGH, CARRIED 5-0, TO APPROVE STAFF RECOMMENDATION.
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ANNOUNCEMENTS
City Attorney Snow announced the Closed Session items.
CLOSED SESSION
Conference with Real Property Negotiator [Govt. Code §54956.81 Property: 12475 5lh Street, APN No. 319-012-20 - City Negotiator: Ray Casey, City Manager - Negotiating Parties: Ruben & Maria Villegas - Under Negotiation: Price and Terms of Payment Conference with Real Property Negotiator [Govt. Code §54956.8] Property: APN No. 0301-221- 06 - City Negotiator: Ray Casey, City Manager - Negotiating Parties: TLC. Properties - Under Negotiation: Price and Terms of Payment
ADJOURNMENT
The meeting adjourned. The next regularly scheduled meeting will be June 13, 2022, at 6:00 PM.
DAVID AVILA, MAYOR
ATTEST:
JENNIFER CRAWFORD
CITY CLERK
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